HomeMy WebLinkAbout2024 - Proof of Publication PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 01, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
7th day of February 2024.
Witness my hand and seal this 7th day of February 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 1
SERIES 2024
AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 22,
SERIES OF 2023 REGARDING THE EFFECTIVE DATE OF THE
ORDINANCE
WHEREAS, on November 21, 2023 the Town Council gave final approval to
Ordinance No. 22, Series of 2023 (“Ordinance 22”), which is a rezoning of a portion of Lot
1, Timber Ridge Subdivision from undesignated to Housing (H);
WHEREAS, Ordinance 22 has an effective date of March 1, 2024; and
WHEREAS, the Town Council desires to change the effective date of Ordinance
22 to April 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7 of Ordinance 22 is hereby amended to read as follows:
Section 7. This ordinance shall take effect on April 1, 2024.
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 affect the validity of
the remaining portions of this ordinance; and the 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 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 Vail 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ordinance previously repealed or superseded unless expressly stated herein.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inconsistent herewith are repealed to the extent only of such inconsistency.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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2024 and a
2
2/1/2024
public hearing for second reading of this Ordinance set for the 20th day of February, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 01, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 21st day of February 2024.
Witness my hand and seal this 21st day of February 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 1
SERIES 2024
AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 22,
SERIES OF 2023 REGARDING THE EFFECTIVE DATE OF THE
ORDINANCE
WHEREAS, on November 21, 2023 the Town Council gave final approval to
Ordinance No. 22, Series of 2023 (“Ordinance 22”), which is a rezoning of a portion of Lot
1, Timber Ridge Subdivision from undesignated to Housing (H);
WHEREAS, Ordinance 22 has an effective date of March 1, 2024; and
WHEREAS, the Town Council desires to change the effective date of Ordinance
22 to April 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7 of Ordinance 22 is hereby amended to read as follows:
Section 7. This ordinance shall take effect on April 1, 2024.
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 affect the validity of
the remaining portions of this ordinance; and the 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 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 Vail 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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2024 and a
2
2/1/2024
public hearing for second reading of this Ordinance set for the 20th day of February, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 02, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
20th day of March 2024.
Witness my hand and seal this 20th day of March 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 2
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL
TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR
MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL
CORE 2 ZONE DISTRICTS
WHEREAS, applications for major exterior alterations in the Commercial Core 1
and Commercial Core 2 zone districts are currently limited to biannual review by the
Town; and
WHEREAS, the Town desires to remove the review time limitation so that
applications for exterior modifications in the Commercial Core 1 and Commercial Core 2
zone districts are reviewed on an ongoing basis to align with other review processes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7B-7 of the Vail Town Code is hereby amended as
follows:
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Subject to review Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC) as follows.
(1)Application. An application shall be made by the owner of the
building or the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
2
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4) Work sessions. If requested by either the applicant or the
Administrator, submittals shall proceed to a work session with the Planning
and Environmental Commission. The Administrator shall schedule the work
session at a regularly scheduled Planning and Environmental Commission
3
meeting and shall cause notice of the hearing to be sent to all adjacent
property owners in accordance with § 12-3-6(C) of this title. Following the
work session, and the submittal of any additional material that may be
required, the Administrator shall schedule a formal public hearing before the
Planning and Environmental Commission in accordance with § 12-3-6 of
this title.
(3)(5) Hearing. The public hearing before the Planning and
Environmental Commission shall be held in accordance with § 12-3-6 of this
Title. The Planning and Environmental Commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in
accordance with § 12-3-3 of this Title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 District as specified in § 12-7B-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(6)(8) Lapse of approval. Approval of an major or minor exterior alteration
as prescribed by this article shall lapse and become void two (2) years
following the date of approval of the major or minor exterior alteration by the
Planning and Environmental Commission unless, prior to the expiration, a
building permit is issued and construction is commenced and diligently
pursued to completion.
(7)(9) Design Review Board review. Any modification or change to the
exterior facade of a building or to a site within the CC1 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
4
* * *
Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as
follows:
12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Review required Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC). as follows:
(1)Application. An application shall be made by the owner of the
building or the building owner’s authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3)Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
5
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4)Work sessions. If requested by either the applicant or the
Administrator, all submittals shall proceed to a work session with the
Planning and Environmental Commission. The Administrator shall schedule
the work session at a regularly scheduled Planning and Environmental
Commission meeting and shall cause notice of the hearing to be sent to all
adjacent property owners in accordance with § 12-3-6(C) of this title.
Following the work session, and the submittal of any additional material that
may be required, the Administrator shall schedule a formal public hearing
before the Planning and Environmental Commission in accordance with §
12-3-6 of this title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC2 District as specified in § 12-7C-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
6
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(8)(6) Lapse of approval. Approval of an major or minor exterior
alteration as prescribed by this article shall lapse and become void two (2)
years following the date of approval of the major or minor exterior alteration
by the Planning and Environmental Commission unless, prior to the
expiration, a building permit is issued and construction is commenced and
diligently pursued to completion.
(7)(9) Design Review Board review. Any modification or change to
the exterior facade of a building or to a site within the CC2 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
* * *
Section 3. 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 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 4. 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 5. The amendment of any provision of the Vail 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
7
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. 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 19th day of March, 2024 and
a public hearing for second reading of this Ordinance set for the 2nd day
of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of April, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 02, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of April 2024.
Witness my hand and seal this 3rd day of April 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 2
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL
TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR
MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL
CORE 2 ZONE DISTRICTS
WHEREAS, applications for major exterior alterations in the Commercial Core 1
and Commercial Core 2 zone districts are currently limited to biannual review by the
Town; and
WHEREAS, the Town desires to remove the review time limitation so that
applications for exterior modifications in the Commercial Core 1 and Commercial Core 2
zone districts are reviewed on an ongoing basis to align with other review processes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7B-7 of the Vail Town Code is hereby amended as
follows:
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Subject to review Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC) as follows.
(1)Application. An application shall be made by the owner of the
building or the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
2
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4) Work sessions. If requested by either the applicant or the
Administrator, submittals shall proceed to a work session with the Planning
and Environmental Commission. The Administrator shall schedule the work
session at a regularly scheduled Planning and Environmental Commission
3
meeting and shall cause notice of the hearing to be sent to all adjacent
property owners in accordance with § 12-3-6(C) of this title. Following the
work session, and the submittal of any additional material that may be
required, the Administrator shall schedule a formal public hearing before the
Planning and Environmental Commission in accordance with § 12-3-6 of
this title.
(3)(5) Hearing. The public hearing before the Planning and
Environmental Commission shall be held in accordance with § 12-3-6 of this
Title. The Planning and Environmental Commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in
accordance with § 12-3-3 of this Title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 District as specified in § 12-7B-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(6)(8) Lapse of approval. Approval of an major or minor exterior alteration
as prescribed by this article shall lapse and become void two (2) years
following the date of approval of the major or minor exterior alteration by the
Planning and Environmental Commission unless, prior to the expiration, a
building permit is issued and construction is commenced and diligently
pursued to completion.
(7)(9) Design Review Board review. Any modification or change to the
exterior facade of a building or to a site within the CC1 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
4
* * *
Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as
follows:
12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Review required Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC). as follows:
(1)Application. An application shall be made by the owner of the
building or the building owner’s authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3)Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
5
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4)Work sessions. If requested by either the applicant or the
Administrator, all submittals shall proceed to a work session with the
Planning and Environmental Commission. The Administrator shall schedule
the work session at a regularly scheduled Planning and Environmental
Commission meeting and shall cause notice of the hearing to be sent to all
adjacent property owners in accordance with § 12-3-6(C) of this title.
Following the work session, and the submittal of any additional material that
may be required, the Administrator shall schedule a formal public hearing
before the Planning and Environmental Commission in accordance with §
12-3-6 of this title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC2 District as specified in § 12-7C-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
6
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(8)(6) Lapse of approval. Approval of an major or minor exterior
alteration as prescribed by this article shall lapse and become void two (2)
years following the date of approval of the major or minor exterior alteration
by the Planning and Environmental Commission unless, prior to the
expiration, a building permit is issued and construction is commenced and
diligently pursued to completion.
(7)(9) Design Review Board review. Any modification or change to
the exterior facade of a building or to a site within the CC2 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
* * *
Section 3. 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 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 4. 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 5. The amendment of any provision of the Vail 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
7
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. 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 19th day of March, 2024 and
a public hearing for second reading of this Ordinance set for the 2nd day
of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of April, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 03, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
20th day of March 2024.
Witness my hand and seal this 20th day of March 2024.
Stephanie Bibbens
Town Clerk
Ordinance No. 3, Series of 2024
ORDINANCE NO. 3
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN
VAIL FUND OF THE 2024 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 6,293,568
Capital Projects Fund 31,818,728
Real Estate Transfer Tax Fund 27,390,189
Housing Fund 14,092,051
Heavy Equipment Fund 1,227,546
Residences at Main Vail Fund 62,019
Timber Ridge Fund 1,997,487
Interfund Transfers (7,526,835)
Total $ 75,354,753
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 affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 3, Series of 2024
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.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 19th day of March 2024, and a public hearing shall be held on this Ordinance
on the 2nd day of April, 2024, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 03, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of April 2024.
Witness my hand and seal this 3rd day of April 2024.
Stephanie Bibbens
Town Clerk
Ordinance No. 3, Series of 2024
ORDINANCE NO. 3
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN
VAIL FUND OF THE 2024 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 6,972,083
Capital Projects Fund 30,059,716
Real Estate Transfer Tax Fund 27,341,687
Housing Fund 14,092,051
Heavy Equipment Fund 1,227,546
Residences at Main Vail Fund 62,019
Timber Ridge Fund 4,469,987
Interfund Transfers (8,010,651)
Total $ 76,214,438
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 affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 3, Series of 2024
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.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 19th day of March 2024, and a public hearing shall be held on this Ordinance
on the 2nd day of April, 2024, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
Ordinance No. 3, Series of 2024
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
2nd day of April 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 04, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 17th day of April 2024.
Witness my hand and seal this 17th day of April 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO. 4
SERIES OF 2024
AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE
AND UNDESIGNATED TO HOUSING (H)
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use (GU) to Housing (H) and to update the Vail
Land Use Plan accordingly (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on March 25, 2024, the Planning and Environmental Commission (the
"PEC") held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on April 16, 2023, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the Application and
recommendation of the Planning Commission, hearing the statements of Town staff and
the public, and giving due consideration to the matter, finds and determines as follows :
a. The rezoning is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of
the Vail Town Council Action Plan and is compatible with the development objectives of
the Town;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promotes 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 .
2
Section 2. Based on the foregoing findings, the Town Council hereby rezones
the Property from undesignated and General Use (GU) to Housing (H).
Section 3. 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 be declared invalid.
Section 4. 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 5. 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 6. 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 16th day of April, 2024 and
a public hearing for second reading of this Ordinance set for the 7th day of May, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
3
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
4
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 04, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 8th day of May 2024.
Witness my hand and seal this 8th day of May 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO. 4
SERIES OF 2024
AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE
AND UNDESIGNATED TO HOUSING (H)
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use (GU) to Housing (H) and to update the Vail
Land Use Plan accordingly (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on March 25, 2024, the Planning and Environmental Commission (the
"PEC") held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on April 16, 2023, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the Application and
recommendation of the Planning Commission, hearing the statements of Town staff and
the public, and giving due consideration to the matter, finds and determines as follows :
a. The rezoning is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of
the Vail Town Council Action Plan and is compatible with the development objectives of
the Town;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promotes 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 .
2
Section 2. Based on the foregoing findings, the Town Council hereby rezones
the Property from undesignated and General Use (GU) to Housing (H).
Section 3. 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 be declared invalid.
Section 4. 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 5. 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 6. 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 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the ___ day of ____________,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
3
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _____ day of ____, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
4
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 05, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 17th day of April 2024.
Witness my hand and seal this 17th day of April 2024.
Stephanie Kauffman
Town Clerk
4/9/2024
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ORDINANCE NO. 05
SERIES 2024
AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF
TITLE 7 OF THE VAIL TOWN CODE AND REPEALING IN PART
CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY
REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2020
EDITION
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety
and reenacted to read as follows:
CHAPTER 1: TRAFFIC CODE
§ 7-1-1. MODEL TRAFFIC CODE ADOPTED.
The Town hereby adopts by reference the 2020 edition of the Model Traffic
Code promulgated and published by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard
Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic
Code provides a system of traffic regulation for the Town. Three (3) copies
of the Model Traffic Code shall be filed in with the Town Clerk and may be
inspected during regular business hours.
§ 7-1-2. AMENDMENTS.
The Model Traffic Code is amended as follows:
(A)Section 109(9) is amended to read as follows:
"(9)No person shall use a roadway for traveling on skis,
toboggans, coasting sleds, skates, or similar devices. No person
shall enter a roadway on roller skates or riding in any coaster, toy
vehicle, or similar device, except while crossing a roadway in a
crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection shall not apply upon any street or
portion thereof designated as a limited play street for use of roller
skates, skateboards or similar devices."
(B)Section 117(3) is amended to read as follows:
"(3)Unless otherwise authorized, an EPAMD shall not be
operated:
(a)On a limited-access highway;
(b)On a bike or pedestrian path; or
(c)At a speed of greater than twelve and one-half miles per hour."
2
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(C)Sections 801 through 808 shall not apply on streets or rights-of way
designated by the Town as pedestrian malls pursuant to Chapter 11 of Title
7 of this Code.
(D)Section 1101(2) is amended to read as follows:
"(2)Except when a special hazard exists that requires a lower
speed, the following speeds shall be lawful:
(a)Fifteen (15) miles per hour in any business district;
(b)Fifteen (15) miles per hour in any residential district;
(c)Twenty (20) miles per hour on narrow, winding mountain
roadways and blind curves, and fifteen (15) miles per hour on the
same when pedestrians are present;
(d)Forty (40) miles per hour on open mountain roadways;
(e)Forty-five (45) miles per hour for all single rear-axle vehicles
in the business of trash disposal that exceed twenty thousand
(20,000) pounds, where higher speeds are posted, when said vehicle
is loaded as an exempted vehicle pursuant to Section 507(3);
(f)Fifty-five (55) miles per hour on open highways which are not
on the interstate system, as defined in C.R.S. § 43-2-101(2);
(g)Sixty-five (65) miles per hour on surfaced highways which are
on the interstate system, as defined in C.R.S. § 43-2-101(2); and
(h)Any speed not in excess of a speed limit designated by an
official traffic control device."
§ 7-1-4. APPLICABILITY.
The Model Traffic Code shall apply to every street, alley, sidewalk,
driveway, park, public way, private way and public or private parking area
within the corporate limits of the Town, the use of which the Town has
jurisdiction and authority to regulate.
Section 2.Section 7-2A-1 of the Vail Town Code is repealed in its entirety and
reenacted to read as follows:
§ 7-2A-1. TRAFFIC INFRACTIONS AND MISDEMEANORS.
Any violation of the Model Traffic Code shall be a traffic infraction, except
for the following sections which shall be misdemeanors:
(1)Section 607, Interference with Official Devices;
(2)Section 707, Stopping Requirements at Railroad Crossings;
(3)Section 1101, Speed Limits: Driving twenty-five (25) or more
miles per hour in excess of the reasonable and prudent speed or in excess
of the maximum lawful speed limit of seventy-five (75) miles per hour;
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(4) Section 1105, Speed Contests;
(5) Section 1401, Reckless Driving;
(6) Section 1402, Careless Driving;
(7) Section 1413, Eluding or Attempting to Elude; and
(8) Section 1903, Stopping for School Buses.
Section 3. Sections 7-2A-2, 7-2A-12, 7-2B-3, 7-2B-4 and 7-2B-5 of the Vail
Town Code are hereby repealed in their entirety.
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 and the
inhabitants thereof.
Section 6. The amendment of any provision of the Vail 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 7. 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 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the 7
th day of May, 2024, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 05, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 8th day of May 2024.
Witness my hand and seal this 8th day of May 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 05
SERIES 2024
AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF
TITLE 7 OF THE VAIL TOWN CODE AND REPEALING IN PART
CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY
REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2020
EDITION
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety
and reenacted to read as follows:
CHAPTER 1: TRAFFIC CODE
§ 7-1-1. MODEL TRAFFIC CODE ADOPTED.
The Town hereby adopts by reference the 2020 edition of the Model Traffic
Code promulgated and published by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard
Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic
Code provides a system of traffic regulation for the Town. Three (3) copies
of the Model Traffic Code shall be filed in with the Town Clerk and may be
inspected during regular business hours.
§ 7-1-2. AMENDMENTS.
The Model Traffic Code is amended as follows:
(A)Section 109(9) is amended to read as follows:
"(9)No person shall use a roadway for traveling on skis,
toboggans, coasting sleds, skates, or similar devices. No person
shall enter a roadway on roller skates or riding in any coaster, toy
vehicle, or similar device, except while crossing a roadway in a
crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection shall not apply upon any street or
portion thereof designated as a limited play street for use of roller
skates, skateboards or similar devices."
(B)Section 117(3) is amended to read as follows:
"(3)Unless otherwise authorized, an EPAMD shall not be
operated:
(a)On a limited-access highway;
(b)On a bike or pedestrian path; or
(c)At a speed of greater than twelve and one-half miles per hour."
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(C)Sections 801 through 808 shall not apply on streets or rights-of way
designated by the Town as pedestrian malls pursuant to Chapter 11 of Title
7 of this Code.
(D)Section 1101(2) is amended to read as follows:
"(2)Except when a special hazard exists that requires a lower
speed, the following speeds shall be lawful:
(a)Fifteen (15) miles per hour in any business district;
(b)Fifteen (15) miles per hour in any residential district;
(c)Twenty (20) miles per hour on narrow, winding mountain
roadways and blind curves, and fifteen (15) miles per hour on the
same when pedestrians are present;
(d)Forty (40) miles per hour on open mountain roadways;
(e)Forty-five (45) miles per hour for all single rear-axle vehicles
in the business of trash disposal that exceed twenty thousand
(20,000) pounds, where higher speeds are posted, when said vehicle
is loaded as an exempted vehicle pursuant to Section 507(3);
(f)Fifty-five (55) miles per hour on open highways which are not
on the interstate system, as defined in C.R.S. § 43-2-101(2);
(g)Sixty-five (65) miles per hour on surfaced highways which are
on the interstate system, as defined in C.R.S. § 43-2-101(2); and
(h)Any speed not in excess of a speed limit designated by an
official traffic control device."
§ 7-1-4. APPLICABILITY.
The Model Traffic Code shall apply to every street, alley, sidewalk,
driveway, park, public way, private way and public or private parking area
within the corporate limits of the Town, the use of which the Town has
jurisdiction and authority to regulate.
Section 2.Section 7-2A-1 of the Vail Town Code is repealed in its entirety and
reenacted to read as follows:
§ 7-2A-1. TRAFFIC INFRACTIONS AND MISDEMEANORS.
Any violation of the Model Traffic Code shall be a traffic infraction, except
for the following sections which shall be misdemeanors:
(1)Section 607, Interference with Official Devices;
(2)Section 707, Stopping Requirements at Railroad Crossings;
(3)Section 1101, Speed Limits: Driving twenty-five (25) or more
miles per hour in excess of the reasonable and prudent speed or in excess
of the maximum lawful speed limit of seventy-five (75) miles per hour;
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(4)Section 1105, Speed Contests;
(5)Section 1401, Reckless Driving;
(6)Section 1402, Careless Driving;
(7)Section 1413, Eluding or Attempting to Elude; and
(8)Section 1903, Stopping for School Buses.
Section 3.Sections 7-2A-2, 7-2A-12, 7-2B-3, 7-2B-4 and 7-2B-5 of the Vail
Town Code are hereby repealed in their entirety.
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 and the
inhabitants thereof.
Section 6.The amendment of any provision of the Vail 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 7.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 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the 7
th day of May, 2024, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 06, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 5th day of June 2024.
Witness my hand and seal this 5th day of June 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 06
SERIES OF 2024
AN ORDINANCE AMENDING TITLE 12 AND TITLE 14 OF THE VAIL
TOWN CODE TO RENAME THE CURRENT HOUSING AND HOUSING-2
ZONE DISTRICTS AND TO ESTABLISH A NEW COMMUNITY HOUSING
ZONE DISTRICT AND AMENDING THE TOWN'S ZONING MAP
ACCORDINGLY
WHEREAS, the Town's economy is largely tourist based and the health of its
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town desires to promote community
housing options available to the workforce of the Town; and
WHEREAS, the Town desires to add a new community housing district and
rename the two current housing districts to further achieve this goal.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-4-1 of the Vail Town Code is hereby amended as follows:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A)Hillside Residential (HR) District;
(B)Single-Family Residential (SFR) District;
(C)Two-Family Residential (R) District;
(D)Two-Family Primary/Secondary Residential (PS) District;
(E)Residential Cluster (RC) District;
(F)Low Density Multiple-Family (LDMF) District;
(G)Medium Density Multiple-Family (MDMF) District;
(H)High Density Multiple-Family (HDMF) District;
(I)West Vail Multi-Family (WVMF) Overlay District;
(I)Housing (H) District;
(J)Community Housing–1 (CH-1) District;
(K)Community Housing–2 (CH-2) District;
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(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Section 2. Article 6I of Title 12 of the Vail Town Code is hereby repealed in its
entirety.
Section 3. Article 6L of Title 12 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
ARTICLE 12-6L. COMMUNITY HOUSING-1 (CH-1) DISTRICT.
§ 12-6L-1. PURPOSE.
The Community Housing-1 (CH-1) District is intended to provide adequate
sites for employee housing which, because of the nature and characteristics
of employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. This zone district
allows flexibility to provide for the critical need for housing to serve local
citizens and businesses, and to provide for the public welfare. The CH-1
District is intended to ensure that employee housing is appropriately located
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and designed to meet the needs of residents of the Town , to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the CH-1 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communications facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-1 District, subject to
issuance of a conditional use permit: public and private schools.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-1 District:
(A) Home occupations, subject to issuance of a home occupation;
(B) Childcare facilities;
(C) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(D) Dwelling units other than employee housing units, if:
(1) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(2) Such dwelling units are not the primary use of the property;
(3) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(4) Such dwelling units are only created in conjunction with
employee housing; and
(5) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6L-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
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(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial areas.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of surveys of residents concerning parking;
(4) Reports of any code enforcement/fire/parking complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
Section 4. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6M to read as follows:
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-2 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-2 District is
intended to apply to properties located in areas developed with low- to
medium-density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
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(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental 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:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
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(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties.
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-
five (45) feet. For a sloping roof, the height of buildings shall not exceed
fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include the number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
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§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
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(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
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. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6N to read as follows:
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ARTICLE 6N. COMMUNITY HOUSING-3 (CH-3) DISTRICT.
§ 12-6N-1. PURPOSE.
The CH-3 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-3 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-3 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-3 District is
intended to apply to properties located in high-density residential or mixed-
use areas.
§ 12-6N-2. PERMITTED USES.
The following uses are permitted in the CH-3 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6N-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-3 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental 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:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
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(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6N-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-3 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units, if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6N-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6N-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6N-7. LANDSCAPING AND SITE DEVELOPMENT.
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At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6N-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6N-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
§ 12-6N-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6N-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6N-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6N-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
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(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
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(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6N-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
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 6. Section 12-13-3(E) of the Vail Town Code is hereby repealed in its
entirety.
Section 7. The table in Section 12-13-4 of the Vail Town Code is hereby
amended as follows:
a. By the deletion of "As governed by the management plan" from the
"Ownership/Transference" column for Type VI;
b. By the deletion of "As determined by the PEC" and addition of "NA" from
the "Additional GRFA," "Additional Site Coverage/Reduced Landscape Area", "Garage
Credit/Storage Requirement," "Minimum/Maximum GRFA of an EHU," and "Density"
columns for Type VI;
c. By the deletion of "Per Chapter 10 of this Title as a dwelling unit or a parking
management plan Per Chapter 6, article I, "Housing (H) District," of this Title" and the
addition of "as permitted by the zone district" from the "Parking" column for Type VI
Employee Housing Units; and
d. By the deletion of "Housing" and "Housing district" from the "Zoning Districts
Permitted by Right" column under the rows for Type VI, Type VII-CL, Type VII-IZ, and the
addition of "Community Housing-1, Community Housing-2, Community Housing-3" in the
cells for the same.
Section 8. The table in Section 12-15-2 of the Vail Town Code is hereby
amended as follows:
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a. By the deletion the third column "GRFA Credits (Added to results of
Application of Percentage)";
b. By the deletion of the row entitled "H Housing"; and
c. By the addition of the following new rows, to be inserted as the last three
rows in the table:
Zone Districts GRFA Ratio
CH-1 No limitation
CH-2 No limitation
CH-3 No limitation
Section 9. Section 12-15-3 of the Vail Town Code is hereby amended as
follows:
§ 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS.
* * *
(B) Within the Residential Cluster (RC), Low Density Multiple -Family
(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-
Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts,
Community Housing – 1 (CH-1), Community Housing – 2 (CH-2), and
Community Housing – 3 (CH-3).
* * *
(C) Within all other districts except the Hillside Residential (HR), Single-
Family Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), Housing (H) and Vail Village Townhouse (VVT)
Districts.
Section 10. Section 12-16-7(B)(15) of the Vail Town Code is repealed in its
entirety.
Section 11. Section 12-21-10(D) of the Vail Town Code is hereby amended as
follows:
§ 12-21-10 DEVELOPMENT RESTRICTED.
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* * *
(D) No structure shall be constructed on a slope of forty percent (40%)
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); or West Vail Multi-Family Overlay
Districts; Community Housing – 1 (CH-1); Community Housing – 2 (CH-
2); or Community Housing – 3 (CH-3).
Section 12. Section 14-6-7(A)(1) of the Vail Town Code is hereby amended as
follows:
§ 14-6-7 RETAINING WALLS.
(A) General.
(1) All retaining walls are reviewed by the Design Review Board
or the Administrator to determine compatibility to the existing
topography of and the materials in use. Retaining walls shall not
exceed an exposed face height of six (6) feet, except in the H or H-2
CH-1, CH-2, or CH-3 Districts, where retaining walls shall not exceed
an exposed face height of fifteen (15) feet. Within a front setback,
retaining walls shall not exceed an exposed face height of three feet,
unless related to access to or development of a structure on
excessive slopes (in excess of thirty percent (30%)). Retaining walls
associated with a street located within a public right-of-way or access
to an underground covered parking structure are exempt from these
height limits but shall be approved by the Design Review Board and
shall meet the standards prescribed in § 14-10-3.
* * *
Section 13. Chapter 8 of Title 14 of the Vail Town Code is hereby repealed in its
entirety.
Section 14. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Community Housing-1 (CH-1), Community Housing-
2 (CH-2), and Community Housing–3 (CH-3) Districts where retaining
walls shall not exceed an exposed face height of fifteen (15) feet.
Higher fences, hedges, walls or landscaping screens may be authorized by
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the Administrator when necessary to screen public utility equipment. No
barbed wire or electrically charged fence shall be erected or maintained.
Section 15. The Town's zoning map shall be updated to rename the current
Housing (H) and Housing-2 (H-2) zone districts to Community Housing-3 (CH-3) and
Community Housing-1 (CH-1) respectively.
Section 16. 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 17. 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 18. 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 t he 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 19. 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 ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Buildin g, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 06, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 19th day of June 2024.
Witness my hand and seal this 19th day of June 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 06
SERIES OF 2024
AN ORDINANCE AMENDING TITLE 12 AND TITLE 14 OF THE VAIL
TOWN CODE TO RENAME THE CURRENT HOUSING AND HOUSING-2
ZONE DISTRICTS AND TO ESTABLISH A NEW COMMUNITY HOUSING
ZONE DISTRICT AND AMENDING THE TOWN'S ZONING MAP
ACCORDINGLY
WHEREAS, the Town's economy is largely tourist based and the health of its
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town desires to promote community
housing options available to the workforce of the Town; and
WHEREAS, the Town desires to add a new community housing district and
rename the two current housing districts to further achieve this goal.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-4-1 of the Vail Town Code is hereby amended as follows:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A)Hillside Residential (HR) District;
(B)Single-Family Residential (SFR) District;
(C)Two-Family Residential (R) District;
(D)Two-Family Primary/Secondary Residential (PS) District;
(E)Residential Cluster (RC) District;
(F)Low Density Multiple-Family (LDMF) District;
(G)Medium Density Multiple-Family (MDMF) District;
(H)High Density Multiple-Family (HDMF) District;
(I)West Vail Multi-Family (WVMF) Overlay District;
(I)Housing (H) District;
(J)Community Housing–1 (CH-1) District;
(K)Community Housing–2 (CH-2) District;
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(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Section 2. Article 6I of Title 12 of the Vail Town Code is hereby repealed in its
entirety.
Section 3. Article 6L of Title 12 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
ARTICLE 12-6L. COMMUNITY HOUSING-1 (CH-1) DISTRICT.
§ 12-6L-1. PURPOSE.
The Community Housing-1 (CH-1) District is intended to provide adequate
sites for employee housing which, because of the nature and characteristics
of employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. This zone district
allows flexibility to provide for the critical need for housing to serve local
citizens and businesses, and to provide for the public welfare. The CH-1
District is intended to ensure that employee housing is appropriately located
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and designed to meet the needs of residents of the Town , to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the CH-1 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communications facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-1 District, subject to
issuance of a conditional use permit: public and private schools.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-1 District:
(A) Home occupations, subject to issuance of a home occupation;
(B) Childcare facilities;
(C) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(D) Dwelling units other than employee housing units, if:
(1) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(2) Such dwelling units are not the primary use of the property;
(3) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(4) Such dwelling units are only created in conjunction with
employee housing; and
(5) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6L-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
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(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial areas.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of surveys of residents concerning parking;
(4) Reports of any code enforcement/fire/parking complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
Section 4. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6M to read as follows:
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-2 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-2 District is
intended to apply to properties located in areas developed with low- to
medium-density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
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(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental 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:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
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(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties.
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-
five (45) feet. For a sloping roof, the height of buildings shall not exceed
fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include the number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
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§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
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(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
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. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6N to read as follows:
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ARTICLE 6N. COMMUNITY HOUSING-3 (CH-3) DISTRICT.
§ 12-6N-1. PURPOSE.
The CH-3 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-3 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-3 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-3 District is
intended to apply to properties located in high-density residential or mixed-
use areas.
§ 12-6N-2. PERMITTED USES.
The following uses are permitted in the CH-3 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6N-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-3 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental 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:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
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(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6N-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-3 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units, if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6N-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6N-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6N-7. LANDSCAPING AND SITE DEVELOPMENT.
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At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6N-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6N-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
§ 12-6N-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6N-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6N-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6N-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
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(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
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(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6N-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
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 6. Section 12-13-3(E) of the Vail Town Code is hereby repealed in its
entirety.
Section 7. The table in Section 12-13-4 of the Vail Town Code is hereby
amended as follows:
a. By the deletion of "As governed by the management plan" from the
"Ownership/Transference" column for Type VI;
b. By the deletion of "As determined by the PEC" and addition of "NA" from
the "Additional GRFA," "Additional Site Coverage/Reduced Landscape Area", "Garage
Credit/Storage Requirement," "Minimum/Maximum GRFA of an EHU," and "Density"
columns for Type VI;
c. By the deletion of "Per Chapter 10 of this Title as a dwelling unit or a parking
management plan Per Chapter 6, article I, "Housing (H) District," of this Title" and the
addition of "as permitted by the zone district" from the "Parking" column for Type VI
Employee Housing Units; and
d. By the deletion of "Housing" and "Housing district" from the "Zoning Districts
Permitted by Right" column under the rows for Type VI, Type VII-CL, Type VII-IZ, and the
addition of "Community Housing-1, Community Housing-2, Community Housing-3" in the
cells for the same.
Section 8. The table in Section 12-15-2 of the Vail Town Code is hereby
amended as follows:
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a. By the deletion the third column "GRFA Credits (Added to results of
Application of Percentage)";
b. By the deletion of the row entitled "H Housing"; and
c. By the addition of the following new rows, to be inserted as the last three
rows in the table:
Zone Districts GRFA Ratio
CH-1 No limitation
CH-2 No limitation
CH-3 No limitation
Section 9. Section 12-15-3 of the Vail Town Code is hereby amended as
follows:
§ 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS.
* * *
(B) Within the Residential Cluster (RC), Low Density Multiple -Family
(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-
Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts,
Community Housing – 1 (CH-1), Community Housing – 2 (CH-2), and
Community Housing – 3 (CH-3).
* * *
(C) Within all other districts except the Hillside Residential (HR), Single-
Family Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), Housing (H) and Vail Village Townhouse (VVT)
Districts.
Section 10. Section 12-16-7(B)(15) of the Vail Town Code is repealed in its
entirety.
Section 11. Section 12-21-10(D) of the Vail Town Code is hereby amended as
follows:
§ 12-21-10 DEVELOPMENT RESTRICTED.
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* * *
(D) No structure shall be constructed on a slope of forty percent (40%)
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); or West Vail Multi-Family Overlay
Districts; Community Housing – 1 (CH-1); Community Housing – 2 (CH-
2); or Community Housing – 3 (CH-3).
Section 12. Section 14-6-7(A)(1) of the Vail Town Code is hereby amended as
follows:
§ 14-6-7 RETAINING WALLS.
(A) General.
(1) All retaining walls are reviewed by the Design Review Board
or the Administrator to determine compatibility to the existing
topography of and the materials in use. Retaining walls shall not
exceed an exposed face height of six (6) feet, except in the H or H-2
CH-1, CH-2, or CH-3 Districts, where retaining walls shall not exceed
an exposed face height of fifteen (15) feet. Within a front setback,
retaining walls shall not exceed an exposed face height of three feet,
unless related to access to or development of a structure on
excessive slopes (in excess of thirty percent (30%)). Retaining walls
associated with a street located within a public right-of-way or access
to an underground covered parking structure are exempt from these
height limits but shall be approved by the Design Review Board and
shall meet the standards prescribed in § 14-10-3.
* * *
Section 13. Chapter 8 of Title 14 of the Vail Town Code is hereby repealed in its
entirety.
Section 14. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Community Housing-1 (CH-1), Community Housing-
2 (CH-2), and Community Housing–3 (CH-3) Districts where retaining
walls shall not exceed an exposed face height of fifteen (15) feet.
Higher fences, hedges, walls or landscaping screens may be authorized by
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the Administrator when necessary to screen public utility equipment. No
barbed wire or electrically charged fence shall be erected or maintained.
Section 15. The Town's zoning map shall be updated to rename the current
Housing (H) and Housing-2 (H-2) zone districts to Community Housing-3 (CH-3) and
Community Housing-1 (CH-1) respectively.
Section 16. 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 17. 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 18. 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 t he 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 19. 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 ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Buildin g, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 07, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 5th day of June 2024.
Witness my hand and seal this 5th day of June 2024.
Stephanie Kauffman
Town Clerk
1
ORDINANCE NO. 7
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE VAIL
TOWN CODE REGARDING PRIVATE PROPERTY DRAINAGE
WHEREAS, the Town Code does not address water runoff from public roads on
to private property nor runoff from private property on to public property; and
WHEREAS, the Town Code does not address the maintenance of driveways and
private drainage facilities within public property; and
WHEREAS, the Town desires to modify the Town Code to address these issues
to be in alignment with many other Colorado communities.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 5-1 of the Vail Town Code is hereby amended as follows:
5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their property
and any improvements on said property from any and all drainage that may flow
from any public property, public roads, right of way, and easements, unless the
said private property is damaged by drainage flows determined to be caused as a
result of negligence on behalf of the Town, other public entity, utility, or private
property owner.
Improvements necessary to protect the property shall be approved by the Town,
except for temporary measures that are utilized in the event of an emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are required
to repair and maintain, at their sole cost and expense, any drainage feature,
improvement, or facility that maintains positive drainage flow away from buildings
or property improvements, and/or allows for access onto said real private
property. This shall include drainage ditches, swales, berms, concrete curbs and
curb cuts, concrete pans and gutters, culverts, driveways and any other features
that are required for parking and/or access onto and for said property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
2
Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so benefited.
The Town Manager may, in addition to taking other collection remedies, certify due
and unpaid charges to the Eagle County Treasurer for collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
***
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 affect the validity of
the remaining portions of this ordinance; and the 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 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 Vail 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.
3
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2024 and a
public hearing for second reading of this Ordinance set for the 18th day of
June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of June, 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 07, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 19th day of June 2024.
Witness my hand and seal this 19th day of June 2024.
Stephanie Kauffman
Town Clerk
1
ORDINANCE NO. 7
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE VAIL
TOWN CODE REGARDING PRIVATE PROPERTY DRAINAGE
WHEREAS, the Town Code does not address water runoff from public roads on
to private property nor runoff from private property on to public property; and
WHEREAS, the Town Code does not address the maintenance of driveways and
private drainage facilities within public property; and
WHEREAS, the Town desires to modify the Town Code to address these issues
to be in alignment with many other Colorado communities.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 5-1 of the Vail Town Code is hereby amended as follows:
5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their property
and any improvements on said property from any and all drainage that may flow
from any public property, public roads, right of way, and easements, unless the
said private property is damaged by drainage flows determined to be caused as a
result of negligence on behalf of the Town, other public entity, utility, or private
property owner.
Improvements necessary to protect the property shall be approved by the Town,
except for temporary measures that are utilized in the event of an emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are required
to repair and maintain, at their sole cost and expense, any drainage feature,
improvement, or facility that maintains positive drainage flow away from buildings
or property improvements, and/or allows for access onto said real private
property. This shall include drainage ditches, swales, berms, concrete curbs and
curb cuts, concrete pans and gutters, culverts, driveways and any other features
that are required for parking and/or access onto and for said property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
2
Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so benefited.
The Town Manager may, in addition to taking other collection remedies, certify due
and unpaid charges to the Eagle County Treasurer for collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
***
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 affect the validity of
the remaining portions of this ordinance; and the 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 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 Vail 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.
3
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2024 and a
public hearing for second reading of this Ordinance set for the 18th day of
June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of June, 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 08, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of July 2024.
Witness my hand and seal this 3rd day of July 2024.
Stephanie Kauffman
Town Clerk
Ordinance No. 8, Series of 2024
ORDINANCE NO. 8
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE FUND OF THE 2024 BUDGET
FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS
AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 271,256
Capital Projects Fund 1,171,272
Real Estate Transfer Tax Fund 122,880
Housing Fund 675,000
Dispatch Services Fund 208,600
Timber Ridge Fund 4,650
Interfund Transfers (2,880)
Total $ 2,450,778
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 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
Ordinance No. 8, Series of 2024
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 2nd day of July 2024, and a public hearing shall be held on this Ordinance on
the 16th day of July, 2024, at the regular meeting of the Town Council of the Town of Vail, Colorado,
in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 08, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 17th day of July 2024.
Witness my hand and seal this 17th day of July 2024.
Stephanie Kauffman
Town Clerk
Ordinance No. 8, Series of 2024
ORDINANCE NO. 8
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE FUND OF THE 2024 BUDGET
FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS
AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 300,356
Capital Projects Fund 1,171,272
Real Estate Transfer Tax Fund 152,880
Housing Fund 675,000
Dispatch Services Fund 208,600
Timber Ridge Fund 4,650
Interfund Transfers (2,880)
Total $ 2,509,878
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 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
Ordinance No. 8, Series of 2024
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 2nd day of July 2024, and a public hearing shall be held on this Ordinance on
the 16th day of July, 2024, at the regular meeting of the Town Council of the Town of Vail, Colorado,
in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
Ordinance No. 8, Series of 2024
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
16th day of July 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 9, Series of
2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 24th day of July 2024.
Witness my hand and seal this 24th day of July 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO. 9
Series of 2024
AN EMERGENCY ORDINANCE APPROVING THE CONVEYANCE OF REAL
PROPERTY OWNED BY THE TOWN OF VAIL, DESCRIBED AS AMENDED FINAL
PLAT, LOT 1, TIMBER RIDGE SUBDIVISION
WHEREAS, the Town and Triumph Timber Ridge, LLC (“Developer”) are
parties to a certain Second Amended and Restated Development Agreement, dated
July 23, 2024 (the “Agreement) which sets forth the terms for the development of
Timber Ridge Village;
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property");
WHEREAS, the Town wishes to convey the Property to Developer for the
redevelopment of the Property for deed-restricted employee housing pursuant to the
terms of the Agreement; and
WHEREAS, it is necessary to pass this ordinance as an emergency measure to
meet certain financing deadlines which the Town does not control.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The sale of the Property is hereby authorized and approved by the Town
Council pursuant to the terms of the Agreement. The Town Manager is hereby authorized
to execute and deliver, on behalf of the Town, a special warranty deed for the sale of the
Property and to take whatever steps are necessary to complete the sale of the Property
to meet the Town's obligation pursuant to the Agreement.
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.
Section 3. Based upon all of the foregoing, the Town Council finds and declares that
there is reasonable justification for the adoption of this Ordinance as an emergency
measure, that this Ordinance is necessary for the immediate preservation of the public
welfare, and that this Ordinance shall therefore take effect immediately upon adoption
as provided by Section 4.11 of the Vail Home Rule Charter.
Section 4. The 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.
INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE
BY THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF
FIVE (5) COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED
THIS 23rd DAY OF JULY 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 7th day of August 2024.
Witness my hand and seal this 7th day of August 2024.
Stephanie Kauffman
Town Clerk
1
ORDINANCE NO. 10
SERIES OF 2024
AN ORDINANCE REZONING LOT 3, BLOCK 3, BIGHORN SUBDIVISION
3RD ADDITION FROM RESIDENTIAL CLUSTER (RC) TO COMMUNIT Y
HOUSING - 1 (CH-1)
WHEREAS, Wiggins LLC (the "Applicant") owns the real property more
particularly described as Lot 3, Block 3, Bighorn Subdivision 3rd Addition, Vail, Colorado,
and depicted in Exhibit A, attached hereto and incorporated herein by this reference
(the "Property");
WHEREAS, on June 3, 2024, the Applicant filed an application to rezone the
Property from Residential Cluster (RC) to Community Housing 1 (CH-1) (the
"Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on July 8, 2024, the Planning and Environmental Commission (the
"PEC") held a properly -noticed public hearing on the Application, and recommended
that the Town Council approve the Application; and
WHEREAS, on August 6, 2024, the Town Council held a properly -noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the
public, and giving due consideration to the matter, finds and determines as follows:
a.The rezoning is consistent with the applicable element s of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town;
b.The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c.The rezoning promotes the health, safety, morals, and general welfare of
the Town and promotes 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.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property from Residential Cluster (RC) to Community
Housing 1 (CH-1).
2
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 Vail 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 repe aled 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 ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
3
EXHIBIT A
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 21st day of August 2024.
Witness my hand and seal this 21st day of August 2024.
Stephanie Kauffman
Town Clerk
1
ORDINANCE NO. 10
SERIES OF 2024
AN ORDINANCE REZONING LOT 3, BLOCK 3, BIGHORN SUBDIVISION
3RD ADDITION FROM RESIDENTIAL CLUSTER (RC) TO COMMUNIT Y
HOUSING - 1 (CH-1)
WHEREAS, Wiggins LLC (the "Applicant") owns the real property more
particularly described as Lot 3, Block 3, Bighorn Subdivision 3rd Addition, Vail, Colorado,
and depicted in Exhibit A, attached hereto and incorporated herein by this reference
(the "Property");
WHEREAS, on June 3, 2024, the Applicant filed an application to rezone the
Property from Residential Cluster (RC) to Community Housing 1 (CH-1) (the
"Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on July 8, 2024, the Planning and Environmental Commission (the
"PEC") held a properly -noticed public hearing on the Application, and recommended
that the Town Council approve the Application; and
WHEREAS, on August 6, 2024, the Town Council held a properly -noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the
public, and giving due consideration to the matter, finds and determines as follows:
a.The rezoning is consistent with the applicable element s of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town;
b.The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c.The rezoning promotes the health, safety, morals, and general welfare of
the Town and promotes 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.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property from Residential Cluster (RC) to Community
Housing 1 (CH-1).
2
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 Vail 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 repe aled 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 ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
3
EXHIBIT A
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 4th day of September 2024.
Witness my hand and seal this 4th day of September 2024.
Stephanie Kauffman
Town Clerk
9/4/2024
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ORDINANCE NO. 11
Series of 2024
AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING COMMERCIAL TRANSPORTATION
WHEREAS, the Town desires to clarify various provisions regarding commercial
transportation permits in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Bus Operators" and "Loading and Unloading
Areas" in Section 7-10-2 of the Vail Town Code are hereby amended as follows:
BUS OPERATORS. Commercial operators engaged in the business of
providing passenger transportation in motor vehicles having a capacity of
26 or more persons, or as otherwise defined by the Colorado Public Utilities
Commission, except for vehicles operated by the Town and commercial
operators regulated by the federal government, such as Greyhound.
LOADING AND UNLOADING AREAS. Those areas authorized for
passenger loading and unloading as shown on the Loading and Unloading
Areas map on the Town website. on file with the Town Manager and
available for inspection during regular business hours.
Section 2. Section 7-10-2 of the Vail Town Code is hereby amended by the
deletion of the following definitions: "Infrequent User" and "Oversized Vehicle".
Section 3. Section 7-10-3(A) of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
7-10-3 PERMIT REQUIRED.
(A) Every commercial operator shall register with the Town and obtain a
permit for each vehicle in the commercial operator's fleet at least 30 days
prior to each transportation year. The Town shall issue a permit to the
vehicles of any commercial operator who agrees to continuously satisfy the
terms and conditions of this Chapter.
(B) A permit fee, in an amount set annually by the Town Manager, shall
be required with every application.
(C) The permit shall be permanently affixed to the vehicle front
windshield on the lower passenger’s side window for each permit and visible
to the public.
2
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(D) If a permit is damaged, a new permit will be issued only when the
remains of the damaged permit are returned to the Town.
Section 4. Section 7-10-7 of the Vail Town Code is hereby amended as follows:
§ 7-10-7 CONDUCT.
Commercial operators shall abide by the following rules of conduct.
* * *
(H) Oversized vehicles Commercial Operator. To ensure efficient traffic
movement and protect pedestrian safety, the Town may restrict oversized
vehicles Commercial Operators from certain areas of the Town as detailed
on the Loading and Unloading Areas map on the Town Website., and such
restrictions shall be indicated by appropriate signage.
(I) Identification. Commercial Operators shall conspicuously display the
name of the company to which the permit applies on each vehicle.
Section 5. Section 7-10-9 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§ 7-10-9 VIOLATION; PENALTY.
(A) Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2) Civil violations shall be subject to the following fines and
penalties:
(a) First violation in any twelve (12) month period: $500 fine.
(b) Second violation in any twelve (12) month period: $750 fine.
(c) Third violation in any twelve (12) month period: $1,000 fine.
(d) Fourth violation in any twelve (12) month period: $1,000 fine
and permit revocation for one (1) year from the date of the violation.
3
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(3) All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4) If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(D) Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(E) Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance, and injunctive relief.
Section 6. 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 7. 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 8. The amendment of any provision of the Vail 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 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 3rd day of September, 2024 and
a public hearing for second reading of this Ordinance set for the 17th day of September,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
4
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of September, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 18th day of September 2024.
Witness my hand and seal this 18th day of September 2024.
Stephanie Kauffman
Town Clerk
9/3/2024
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ORDINANCE NO. 11
Series of 2024
AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING COMMERCIAL TRANSPORTATION
WHEREAS, the Town desires to clarify various provisions regarding commercial
transportation permits in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.The definition of "Bus Operators" and "Loading and Unloading
Areas" in Section 7-10-2 of the Vail Town Code are hereby amended as follows:
BUS OPERATORS. Commercial operators engaged in the business of
providing passenger transportation in motor vehicles having a capacity of
26 or more persons, or as otherwise defined by the Colorado Public Utilities
Commission, except for vehicles operated by the Town and commercial
operators regulated by the federal government, such as Greyhound.
LOADING AND UNLOADING AREAS. Those areas authorized for
passenger loading and unloading as shown on the Loading and Unloading
Areas map on the Town website. on file with the Town Manager and
available for inspection during regular business hours.
Section 2.Section 7-10-2 of the Vail Town Code is hereby amended by the
deletion of the following definitions: "Infrequent User" and "Oversized Vehicle".
Section 3.Section 7-10-3(A) of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
7-10-3 PERMIT REQUIRED.
(A)Every commercial operator shall register with the Town and obtain a
permit for each vehicle in the commercial operator's fleet at least 30 days
prior to each transportation year. The Town shall issue a permit to the
vehicles of any commercial operator who agrees to continuously satisfy the
terms and conditions of this Chapter.
(B)A permit fee, in an amount set annually by the Town Manager, shall
be required with every application.
(C)The permit shall be permanently affixed to the vehicle front
windshield on the lower passenger’s side window for each permit and visible
to the public.
2
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(D)If a permit is damaged, a new permit will be issued only when the
remains of the damaged permit are returned to the Town.
Section 4.Section 7-10-7 of the Vail Town Code is hereby amended as follows:
§ 7-10-7 CONDUCT.
Commercial operators shall abide by the following rules of conduct.
***
(H)Oversized vehicles Commercial Operator. To ensure efficient traffic
movement and protect pedestrian safety, the Town may restrict oversized
vehicles Commercial Operators from certain areas of the Town as detailed
on the Loading and Unloading Areas map on the Town Website., and such
restrictions shall be indicated by appropriate signage.
(I)Identification. Commercial Operators shall conspicuously display the
name of the company to which the permit applies on each vehicle.
Section 5.Section 7-10-9 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§ 7-10-9 VIOLATION; PENALTY.
(A)Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B)Civil Enforcement:
(1)If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2)Civil violations shall be subject to the following fines and
penalties:
(a)First violation in any twelve (12) month period: $500 fine.
(b)Second violation in any twelve (12) month period: $750 fine.
(c)Third violation in any twelve (12) month period: $1,000 fine.
(d)Fourth violation in any twelve (12) month period: $1,000 fine
and permit revocation for one (1) year from the date of the violation.
3
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(3)All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4)If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(D)Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(E)Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance, and injunctive relief.
Section 6.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 7.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 8.The amendment of any provision of the Vail 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 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 3rd day of September, 2024 and
a public hearing for second reading of this Ordinance set for the 17th day of September,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
4
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of September, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 12, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 4th day of September 2024.
Witness my hand and seal this 4th day of September 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO. 12
Series of 2024
AN ORDINANCE APPROVING THE CONVEYANCE OF REAL PROPERTY
OWNED BY THE TOWN OF VAIL, DESCRIBED AS LOT 2, TIMBER RIDGE
SUBDIVISION TO LION’S RIDGE APARTMENT HOMES, LLC
WHEREAS, the Town of Vail (“Town”) and Lion’s Ridge Apartment Homes,
LLC (“Purchaser”) are parties to a certain Ground Lease Agreement, dated September
10, 2014 (the “Agreement) which sets forth in Section 27 of the Agreement the terms
for the option to purchase Lot 2, Timber Ridge Subdivision;
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to convey the Property to Purchaser pursuant to the
terms of the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The sale of the Property is hereby authorized and approved by the Town
Council pursuant to the terms of the Agreement. The Town Manager is hereby authorized
to execute and deliver, on behalf of the Town, a special warranty deed for the sale of the
Property and to take whatever steps are necessary to complete the sale of the Property
to meet the Town's obligation pursuant to the Agreement.
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.
Section 3. The 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _____________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
EXHIBIT A
Legal Description
Final Plat, Timber Ridge Subdivision, Lot 2, Town of Vail, County of Eagle, State of
Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 12, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 18th day of September 2024.
Witness my hand and seal this 18th day of September 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO.12
Series of 2024
AN ORDINANCE APPROVING THE CONVEYANCE OF REAL PROPERTY
OWNED BY THE TOWN OF VAIL,DESCRIBED AS LOT 2, TIMBER RIDGE
SUBDIVISION TO LION’S RIDGE APARTMENT HOMES, LLC
WHEREAS, the Town of Vail (“Town”) and Lion’s Ridge Apartment Homes,
LLC (“Purchaser”) are parties to a certain Ground Lease Agreement, dated September
10, 2014 (the “Agreement) which sets forth in Section 27 of the Agreement the terms
for the option to purchase Lot 2, Timber Ridge Subdivision;
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to convey the Property to Purchaser pursuant to the
terms of the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The sale of the Property is hereby authorized and approved by the Town
Council pursuant to the terms of the Agreement. The Town Manager is hereby authorized
to execute and deliver, on behalf of the Town, a special warranty deed for the sale of the
Property and to take whatever steps are necessary to complete the sale of the Property
to meet the Town's obligation pursuant to the Agreement.
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.
Section 3. The 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _____________, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
EXHIBIT A
Legal Description
Final Plat, Timber Ridge Subdivision, Lot 2, Town of Vail, County of Eagle, State of
Colorado
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 2nd day of October 2024.
Witness my hand and seal this 2nd day of October 2024.
Stephanie Kauffman
Town Clerk
9/27/2024
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ORDINANCE NO. 13
SERIES 2024
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, ADOPTING BY REFERENCE THE 2023 EDITION OF THE
NATIONAL ELECTRICAL CODE AND THE 2024 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, THE INTERNATIONAL
RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, THE
INTERNATIONAL ENERGY CONSERVATION CODE, THE
INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL FUEL GAS
CODE, THE INTERNATIONAL MECHANICAL CODE AND THE
INTERNATIONAL EXISTING BUILDING CODE, WITH AMENDMENTS,
AND SETTING FORTH PENALTIES FOR VIOLATIONS THEREOF
WHEREAS, the Town Council finds it necessary to adopt minimum standards to
safeguard the health, property, and welfare of the citizens of the Town by regulating and
controlling the use, occupancy, maintenance, repair, design, construction and quality of
materials for buildings and structures within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 10 of the Vail Town Code is hereby repealed and
reenacted to read as follows:
§ 10-1-1. CODES ADOPTED BY REFERENCE.
(A)The following codes are hereby adopted by reference, as amended:
(1)The International Building Code, 2024 edition, including
Appendices B, E, G, J, K and O.
(2)The International Residential Code, 2024 edition, Chapters
10, including Appendices BE, BO and AA.
(3)The International Fire Code, 2024 edition, including
Appendices A, B, C, D, E, G, H, I, J and N.
(4)The International Energy Conservation Code, 2024 edition,
including Appendices CA and RA.
(5)The International Plumbing Code, 2024 edition, including
Appendices C and F.
(6)The International Fuel Gas Code, 2024 edition, including
Appendix E.
(7)The International Mechanical Code, 2024 edition, including
Appendix C.
(8)The International Existing Building Code, 2024 edition,
including Appendix D.
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(9)The National Electrical Code, 2023 edition.
(10)The Uniform Code for the Abatement of Dangerous Buildings,
1997 edition.
(B)All International Codes are published by the International Code
Council, 4051 Flossmoor Road, Country Club Hills, IL 60478, except the
National Electrical Code is published by the National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02269 and the Uniform Code
for the Abatement of Dangerous Buildings is published by the International
Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA
90601-2298.
(C)Copies shall be available for inspection at the office of the Town
Clerk during regular business hours and can be viewed online at
www.iccsafe.org and www.vailgov.com.
§ 10-1-2. AMENDMENTS TO THE INTERNATIONAL BUILDING CODE.
The following amendments are hereby made to the International Building
Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1: Title.
These regulations shall be known as the Vail Building Code."
Section 101.4: Section 101.4 is amended to read as follows: "101.4
Referenced codes. The other codes listed in Sections 101.4.1 through
101.4.7 and referenced elsewhere in this code shall not be considered a
part of this code unless specifically adopted."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 105.2: Section 105.2 is amended to include the following: "14.
Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches
(762 mm) above grade at any point and are not part of a means of egress
or accessible route."
Section 110.3.10: Section 110.3.10 is amended to read as follows:
"110.3.10 Other inspections. In addition to the inspections specified in
Sections 110.3.1-110.3.9, the building official may make or require other
inspections of any construction work to ascertain compliance with this code
and any other Town code, standard, requirement or regulation."
Section 202: Section 202 is amended by the addition of the following
definitions:
ACCESSORY STRUCTURE. A structure used to shelter or support any
material, equipment, chattel or occupancy other than a habitable building.
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FIRE CODE OFFICIAL. The Fire Code Official or designee.
FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and
systems in the design and construction of a structure to safeguard against
the spread of fire within a structure and the spread of fire to or from
structures to the wildland-urban interface area.
IGNITION-RESISTANT BUILDING MATERIAL. A type of building material
that resists ignition or sustained flaming combustion sufficiently to reduce
losses from wildland-urban interface conflagrations under worst-case
weather and fuel conditions with wildfire exposure of embers and small
flames, as prescribed in Chapter 7A.
IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06.
LOG WALL CONSTRUCTION. A type of construction in which exterior
walls are constructed of solid wood members and where the smallest
horizontal dimension of each solid wood member is at least 6 inches (152
mm).
NONCOMBUSTIBLE. A material that, in the form in which it is used, is
either:
1. Material of which no part will ignite and burn when subjected to fire (any
material conforming to ASTM E136 shall be considered noncombustible);
or
2. Material having a structural base of noncombustible material as defined
in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick,
which has a flame spread index of 50 or less.
'Noncombustible' does not apply to surface finish materials. Material
required to be noncombustible for reduced clearances to flues, heating
appliances or other sources of high temperature shall refer to material
conforming to Item 1 above. No material shall be classified as
noncombustible that is subject to increase in combustibility or flame spread
index, beyond the limits herein established, through the effects of age,
moisture or other atmospheric condition.
SAFETY COVER. A structure, fabric or assembly, along with attendant
appurtenances and anchoring mechanisms, that is temporarily placed or
installed over an entire pool, spa or hot tub and secured in place after all
bathers are absent from the water.
SFM. Refers to the California State Fire Marshal's office.
UNENCLOSED ACCESSORY STRUCTURE. An accessory structure
without a complete exterior wall system enclosing the area under the roof
or floor above.
WILDLAND-URBAN INTERFACE AREA. That geographical area, as
depicted and defined in the Community Wildfire Protection Plan, where
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structures and other human development meets or intermingles with
wildland or vegetative fuels."
Chapter 7A: Chapter 7A is added to read as follows:
"CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION
Section 7A01 Scope:
7A01.1 General. This Chapter shall apply to the construction, alteration,
movement, repair, maintenance and use of any building, structure or
premises into or within the wildland-urban interface areas of the Town.
Exceptions:
1.. Repair or replacement of less than 25% of a deck surface or structure.
2. Repair or replacement of less than 25% of the exterior siding of a
structure.
3. Accessory structures not exceeding 120 sq/ft in floor area where located
not less than 30 feet from buildings containing habitable spaces.
4. Agricultural buildings located not less than 30 feet from buildings
containing habitable spaces.
7A01.2 Objective. Because the unrestricted use of property in wildland-
urban interface areas is a potential threat to life and property from fire and
resulting erosion, the objective of this Chapter is to establish minimum
regulations consistent with nationally recognized good practice for the
safeguarding of life and for property protection, and to mitigate the risk to
life and structures from intrusion of fire from wildland fire exposures and fire
exposures from adjacent structures and to mitigate structure fires from
spreading to wildland fuels. This Chapter supplements the Town's codes
to provide for special regulations to mitigate fire and life-safety hazards in
the wildland-urban interface areas.
7A01.3 Additions or alterations. Additions or alterations shall be permitted
to be made to any building or structure without requiring the existing building
or structure to comply with the requirements of this Chapter; provided that
the addition or alteration conforms to that required for a new building or
structure.
Section 7A02 Applicability:
7A02.1 General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall apply. Where, in
any specific case, different sections of this Chapter specify different
materials, methods of construction or other requirements, the most
restrictive shall apply.
7A02.2 Existing conditions. The legal occupancy or use of any building,
structure or condition existing on the date of adoption of this Chapter shall
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be permitted to continue without change, except as is specifically covered
in the International Fire Code.
Section 7A03 Compliance Alternatives:
7A03.1 Practical difficulties. Where there are practical difficulties involved
in carrying out the provisions of this Chapter, the building official or fire code
official are authorized to grant modifications for individual cases upon
application, in writing, by the owner or owner's authorized agent. The
building official or fire code official shall first find that a special individual
reason makes enforcement of the provisions of this Chapter impractical,
that the modification is in conformance to the intent and purpose of this
Chapter, and that the modification does not lessen any fire protection
requirements or any degree of structural integrity.
7A03.2 Technical assistance. To determine the acceptability of
technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises subject to the
inspection of the building official or fire code official, the building official or
fire code official are authorized to require the owner, the owner's authorized
agent or the person in possession or control of the building or premises to
provide, without charge to the Town, a technical opinion and report. The
opinion and report shall be prepared by a qualified engineer, specialist,
laboratory or fire safety specialty organization acceptable to the code official
and the owner or the owner's authorized agent, and shall analyze the fire
safety of the design, operation or use of the building or premises, the
facilities and appurtenances situated thereon and fuel management for
purposes of establishing fire hazard severity to recommend necessary
changes.
7A03.3 Alternative materials or methods. The provisions of this Chapter
are not intended to prevent the installation of any material or to prohibit any
design or method not specifically prescribed by this Chapter, provided that
any such alternative has been approved. An alternative material, design or
method shall be approved where the building official in concurrence with the
fire code official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this Chapter, and that the material,
method or work offered is, for the purpose intended, not less than the
equivalent of that prescribed in this Chapter in quality, strength,
effectiveness, fire resistance, durability and safety.If an alternative
material, design or method is not approved, the building official shall
respond in writing, stating the reasons why the alternative was not
approved.
Section 7A04 Special Construction Regulations:
7A04.1 General. Structures shall be constructed in accordance with this
Section, unless previously exempted in Section 7A01.1.
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7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-
hour fire-resistance-rated construction, the fire-resistance rating of building
elements, components or assemblies shall be determined in accordance
with the test procedures set forth in ASTM E 119 or UL 263. Exceptions:
1. The fire-resistance rating of building elements, components or
assemblies based on the prescriptive designs prescribed in Section 721.
2. The fire-resistance rating of building elements, components or
assemblies based on the calculation procedures in accordance with Section
722.
Section 7A05 Ignition-Resistant Material.
7A05.1 General. Structures hereafter constructed, modified or relocated
into or within wildland-urban interface areas shall meet the construction
requirements in accordance with ignition-resistant construction in
accordance with Section 7A06. Materials required to be ignition-resistant
materials shall comply with the requirements of Section 7A05.2.
7A05.2 Ignition-resistant building material. Ignition-resistant building
material shall comply with any one or more of the following:
1. Material shall be tested on all sides with the extended ASTM E 84 (UL
723) test or ASTM E 2768, except panel products shall be permitted to test
only the front and back faces. Panel products shall be tested with a ripped
or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in
accordance with the test procedures set forth in ASTM E 84 or UL 723 for
a test period of 30 minutes, or with ASTM E 2768, comply with the following:
1.1. Flame spread. Material shall exhibit a flame spread index not
exceeding 25 and shall not show evidence of progressive combustion
following the extended 30-minute test.
1.2. Flame front. Material shall exhibit a flame front that does not progress
more than 10.5 feet (3,200 mm) beyond the centerline of the burner at any
time during the extended 30-minute test.
1.3. Weathering. Ignition-resistant building materials shall maintain their
performance in accordance with this section under conditions of use.
Materials shall meet the performance requirements for weathering
(including exposure to temperature, moisture and ultraviolet radiation)
contained in the following standards, as applicable to the materials and the
conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of Fire-
Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire-
retardant-treated wood, wood- plastic composite and plastic lumber
materials.
1.3.2. ASTM D 7032 for wood-plastic composite materials.
1.3.3. ASTM D 6662 for plastic lumber materials.
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1.4.Identification. Materials shall bear identification showing fire test
results.
Exception: Materials composed of a combustible core and a
noncombustible exterior covering, made from either aluminum at a
minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a
minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested
with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the requirements
for noncombustible materials.
3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for
exterior use and meeting the requirements of Section 2303.2.
4. Materials meeting the following standards of quality.
4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire
resistance test standard consisting of a 150 kW intensity direct flame
exposure for a 10-minute duration.
4.2. SFM Standard 12-7A-3, Horizontal Projection Underside.A fire
resistance test standard consisting of a 300 kW intensity direct flame
exposure for a 10-minute duration.
4.3. SFM Standard 12-7A-4, Decking. A 2-part test consisting of a heat
release rate (Part A) deck assembly combustion test with an under deck
exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part
B) sustained deck assembly combustion test consisting of a deck upper
surface burning ember exposure with a 12 mph wind for 40 minutes using
a 2.2 lb (1 kg) burning "Class A" size 12" x 12" x 2.25" (300 mm x 300 mm
x 57 mm) roof test brand.
4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release
deck assembly combustion test with an under-deck exposure of 80 kW
intensity direct flame for a 3-minute duration.
4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building
material surface burning flame spread test standard consisting of an
extended 30-minute ASTM E84 or UL 723 test method as is used for fire-
retardant-treated wood.
5. Exterior Windows. Dual or triple pane windows that meet the
requirements of the International Energy Conservation Code.
Section 7A06 Ignition-Resistant Construction:
7A06.1 General. Ignition-resistant construction shall be in accordance with
Sections 7A06.2 through 7A06.11.
7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of
this Code, as amended.
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7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less
than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion-
resistant metal installed over a minimum 36-inch-wide (914 mm)
underlayment consisting of one layer of 72-pound (32.4 kg) mineral-
surfaced, non-perforated cap sheet complying with ASTM D 3909 running
the full length of the valley.
7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the
exposed underside by ignition-resistant building materials or by materials
approved for not less than 1-hour fire-resistance-rated construction, 2-inch
(51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire-
retardant-treated lumber or ¾ inch (19.1 mm) nominal fire-retardant- treated
plywood, identified for exterior use and meeting the requirements of Section
2303.2. Fascias are required and shall be protected on the backside by
ignition- resistant building materials or by materials approved for not less
than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal
dimension lumber.
7A06.4 Gutters and downspouts. Gutters and downspouts shall be
constructed of noncombustible material.
7A06.5 Exterior walls. Exterior walls of buildings or structures shall be
constructed with one of the following methods and all such material shall
extend from the top of the foundation to the underside of the roof sheathing:
1. Materials approved for not less than 1-hour fire-resistance-rated
construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Ignition-resistant building materials complying with Section 7A05.2 on
the exterior side.
All exterior walls shall have a minimum of 6 vertical inches of
noncombustible material, measured from the ground (at grade) or the
nearest horizontal surface.
Exception: Combustible siding materials not complying with Section 7A05.2
may be used but shall not cover more than 33% of a given wall and shall
not be within 5 feet of finished grade. Combustible siding with a profile that
may allow ember intrusion such as wood shake or wood shingle is
prohibited.
7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor
areas enclosed to the ground with exterior walls in accordance with Section
7A06.5.
Exception: Complete enclosure shall not be required where the underside
of exposed floors and exposed structural columns, beams and supporting
walls are protected as required for exterior 1-hour fire-resistance-rated
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construction or heavy timber construction or fire-retardant-treated wood, if
labeled for exterior use and meeting the requirements of Section 2303.2.
7A06.7 Appendages and projections. Unenclosed accessory structures
attached to buildings with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire-resistance-rated construction, heavy
timber construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and meeting the
requirements of Section 2303.2.
3. Ignition-resistant building materials in accordance with Section 7A05.2.
4. Decks or porches (or portions of the decks or porches) 4 feet or less
above the ground shall have the underdeck area enclosed to reduce the
accumulation of debris using one of the following methods:
a. Install noncombustible, corrosion-resistant mesh material with openings
not to exceed 1/8 inch around the outer edge of the deck from the walking
surface to the ground to prevent ember intrusion. Material (e.g., lattice)
installed over the mesh, shall be noncombustible; or
b. Fully enclose with a noncombustible wall covering/cladding.
7A06.8 Exterior doors. Exterior doors shall be constructed of approved
noncombustible materials, standard solid core wood not less than 1.75
inches thick (44 mm) or have a fire protection rating of not less than 20
minutes. Tempered glass doors are permissible. Exception: Vehicle
access doors.
7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or
other ventilation openings in vertical exterior walls and vents through roofs
shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion-resistant materials with openings
not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with
perforations not to exceed ¼ inch (6.4 mm) or shall be designed and
approved to prevent flame or ember penetration into the structure.
7A06.9.1 Vent locations. Attic ventilation openings shall not be located in
the inner 2/3 of soffits, eave overhangs, or other overhang areas. Gable
end and dormer vents shall be located not less than 10 feet (3,048 mm)
from lot lines. Underfloor ventilation openings shall be located as close to
grade as practical.
7A06.10 Detached accessory structures. Detached accessory structures
located less than 30 feet (15,240 mm) from a building containing habitable
space shall have exterior walls constructed with materials approved for not
less than 1-hour fire-resistance-rated construction, heavy timber, log wall
construction, or constructed with approved noncombustible materials or
ignition resistant building materials in accordance with Section 7A05.2. The
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fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.10.1 Underfloor areas. Where the detached structure is located and
constructed so that the structure or any portion thereof projects over a
descending slope surface greater than 10%, the area below the structure
shall have underfloor areas enclosed to within 6 inches (152 mm) of the
ground, with exterior wall construction in accordance with Section 7A06.5
or underfloor protection in accordance with Section 7A06.6. Exception: The
enclosure shall not be required where the underside of exposed floors and
exposed structural columns, beams and supporting walls are protected as
required for exterior 1-hour fire-resistance-rated construction or heavy-
timber construction or fire-retardant-treated wood on the exterior side. The
fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues,
incinerators or decorative heating appliances in which solid or liquid fuel is
used, shall be provided with a spark arrester. Spark arresters shall be
constructed of woven or welded wire screening of 12 USA standard gage
wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7
mm)."
Section 1505.1: Section 1505.1 is amended to read as follows: "1505.1
General. All roof coverings shall be Class A. Wood shakes and shingles
are not permitted unless exempted for replacement or repair as defined in
Section 1501.1.1. Where the roof profile allows space between the roof
covering and the roof decking at the eave ends, the spaces shall be
constructed to prevent intrusion of flames and embers or have one layer of
72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying
with ASTM D3909 installed over the combustible decking. Exception:
Skylights and sloped glazing that comply with Chapter 24 or Section 2610."
Section 1505.1.1: Section 1505.1.1 is added to read as follows:
"Replacement or Repair.Each structure with a nonconforming roof
covering or roof assembly shall be allowed 1 replacement or repair of 25%
or less of the roof area. Replacement or repair in excess of 25% or a second
replacement or repair of the roof covering or roof assembly shall trigger
replacement of the nonconforming covering or assembly in its entirety. For
purposes of this section, a 2-family dwelling shall be considered 2 separate
structures. Emergency repairs of less than 10 sq/ft shall not be subject to
the 25%) rule."
Table 1505.1 is deleted.
Sections 1505.3, 1505.4, 1505.5, 1505.6 and 1505.7 are deleted.
Section 1507.1.2: Section 1507.1.2 is amended to read as follows:
"1507.1.2 Ice barriers. Ice barriers shall be installed for shingle types, metal
roof panels and mineral-surfaced roll roofing. The ice barrier shall consist
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of not less than 2 layers of underlayment cemented together, or a self-
adhering polymer modified bitumen sheet shall be used in place of normal
underlayment. The ice barrier shall completely cover all roof surfaces.
Exception: Detached accessory structures that do not contain conditioned
floor area."
Sections 1507.8 and 1579.9 are deleted.
Section 1511.7.6: Section 1511.7.6 is added to read as follows: "1511.7.6
Snow retention devices. New roof assemblies shall be designed to prevent
accumulations of snow from shedding onto exterior balconies, decks,
stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from
buildings, areas directly above or in front of utility meters and/or adjacent
properties. The design of snow retention devices shall be provided by a
registered design professional or as determined by the building official.
Exception: Roof areas with a horizontal projection of less than 48 inches
that will not receive snow shedding from a higher roof. The horizontal
projection shall be measured perpendicular to the exterior wall line from the
edge of the roof or eave to the intersecting wall surface."
Section 1603.2: Section 1603.2 is added to read as follows: "1603.2
Boulder and rock walls. Boulder or rock walls with a height of greater than
48 inches shall be designed by a registered design professional and shall
comply with Section 1603.1."
Section 1604.1.1: Section 1604.1.1 is added to read as follows: "1604.1.1
Hazard areas. All new construction and additions to existing structures
located in mapped debris flow, rock fall, avalanche and flood hazard areas
shall comply with Title 12, Chapter 21 of the Vail Town Code."
Section 1608.Design snow loads shall be determined in accordance with
Chapter 7 of ASCE7, and design roof loads shall be not less than that
determined by Section 1608.2.
Section 1608.2: Section 1608.2 is amended to read as follows: "1608.2
Ground and roof snow loads. The ground snow loads to be used in
determining the design snow loads shall be 142 pounds per sq/ft. Designs
for roof snow loads shall be as follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound
per square foot snow load.
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound
per square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to
increase surcharge loading due to snow drifting or type of roof covering.
Snow loads for decks and exterior balconies shall be as required for roofs."
Section 1612.3: Section 1612.3 is amended to read as follows: "1612.3
Establishment of flood hazard areas. The Town has adopted a flood hazard
map including areas of special flood hazard as identified by FEMA in the
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report entitled 'The Flood Insurance Study for The Town of Vail' dated
December 2007, as amended, with the accompanying Flood Insurance
Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and
related supporting data. The flood hazard map and supporting data are
hereby adopted by reference."
Section 2111.1: Section 2111.1 is amended to read as follows: "2111.1
General. The construction of masonry fireplaces, consisting of concrete or
masonry, shall be in accordance with this section and Title 5, Chapter 3 of
the Vail Town Code."
Section 2902.2: Section 2902.2 is amended to read as follows: "2902.2
Separate facilities. Separate facilities are not required in structures or
tenant spaces with a total occupant load, including both employees and
customers, of 30 or fewer."
Section 2902.2: Exception 4 is deleted.
Section 3107.1: Section 3107.1 is amended to read as follows: "3107.1
General.Signs shall be designed, constructed and maintained in
accordance with this code and Title 11 of the Vail Town Code."
Section 3109: Section 3109 is amended to read as follows: "Section 3109
Swimming Pool Enclosures and Safety Devices.
3109.1 General. The design and construction of swimming pools, spas and
hot tubs shall comply with the requirements of Sections 3109.2 through
3109.5, other applicable sections of this code, and the Colorado
Department of Public Health and Environment (CDPHE) Water Quality
Control Division standard 5 CCR 1003-5. Where spas or hot tubs are
equipped with a lockable safety cover complying with ASTM F1346 and
swimming pools are equipped with a powered safety cover that complies
with ASTM F1346, the areas where those spas, hot tubs or pools are
located shall be exempt from Sections 3109.2-3109.6.
3109.2 Public and semi-public swimming pools. Public and semi-public
swimming pools shall be completely enclosed by a fence not less than 60
inches (1,524 mm) in height and shall with Sections 3109.4 through 3109.6.
3109.4 Private swimming pools. Private swimming pools shall be
completely enclosed by a barrier not less than 48 inches (1,524 mm) in
height and shall comply with Sections 3109.4-3109.6.
3109.4 Barriers. The vertical clearance between grade and the bottom of
the barrier shall be not greater than 2 inches (51 mm) measured on the side
of the barrier that faces away from the swimming pool. Where the top of
the pool structure is above grade, the barrier is authorized to be at ground
level or mounted on top of the pool structure, and the vertical clearance
between the top of the pool structure and the bottom of the barrier shall be
not greater than 4 inches (102 mm).
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3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4-
inch-diameter (102 mm) sphere.
3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings
shall not contain indentations or protrusions, except for normal construction
tolerances and tooled masonry joints.
3109.4.3 Closely spaced horizontal members. Where the barrier is
composed of horizontal and vertical members and the distance between the
tops of the horizontal members is less than 45 inches (1,143 mm), the
horizontal members shall be located on the swimming pool side of the
fence. Spacing between vertical members shall be not greater than 1.75
inches (44 mm) in width. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall be not greater than 1.75 inches
(44 mm) in width.
3109.4.4 Widely spaced horizontal members.Where the barrier is
composed of horizontal and vertical members and the distance between the
tops of the horizontal members is 45 inches (1,143 mm) or more, spacing
between vertical members shall be not greater than 4 inches (102 mm).
Where there are decorative cutouts within vertical members, spacing within
the cutouts shall be not greater than 1.75 inches (44 mm) in width.
3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be
not greater than a 2.25-inch square (57 mm square) unless the fence is
provided with slats fastened at the top or the bottom that reduce the
openings to not more than 1.75 inches (44 mm).
3109.4.6 Diagonal members. Where the barrier is composed of diagonal
members, the opening formed by the diagonal members shall be not greater
than 1.75 inches (44 mm).
3109.4.7 Clear zone. Where any equipment, including pool equipment, are
on the same lot as a pool or spa and such equipment is located outside of
the barrier protecting the pool or spa, such equipment shall be located not
less than 36 inches (914 mm) from the outside of the barrier.
3109.4.8 Doors and gates. Access doors or gates shall be equipped to
accommodate a locking device. Pedestrian access doors or gates shall
open outward away from the pool and shall be self-closing and have a self-
latching device. If the release mechanism of the self-latching device is
located less than 54 inches (1,372 mm) from the bottom of the door or gate,
the release mechanism shall be located on the pool side of the door or gate
3 inches (76 mm) or more, below the top of the door or gate, and the door
or gate and barrier shall be without openings greater than ½ inch (12.7 mm)
within 18 inches (457 mm) of the release mechanism.
3109.4.9 Structure wall as a barrier. Where a wall of a structure serves as
part of the barrier, one of the following shall apply:
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1. Doors, gates and operable windows with direct access to the pool
through that wall shall be equipped with an alarm that produces an audible
warning when the door or its screen, if present, are opened. The alarm shall
be listed and labeled in accordance with UL 2017. In dwellings not required
to be accessible units, Type A units or Type B units, the alarm deactivation
switch shall be located not higher than 54 inches (1,372 mm) and not less
than 48 inches (1,219 mm) above the finished floor. In dwellings required
to be Accessible units, Type A units or Type B units, the deactivation switch
shall be located not higher than 54 inches (1,372 mm) and not less than 48
inches (1,219 mm) above the finished floor.
2. A safety cover that is listed and labeled in accordance with ASTM F1346
is installed for the pools and spas.
3. An approved means of protection, such as self-closing doors with self-
latching devices, that provides a degree of protection that is not less than
the protection afforded by Item 1 or 2.
3109.4.10 Pool structure as barrier. Where an above-ground pool structure
is used as a barrier or where the barrier is mounted on top of the pool
structure, and the means of access is a ladder or steps, then the ladder or
steps either shall be capable of being secured, locked or removed to
prevent access, or the ladder or steps shall be surrounded by a barrier that
meets the requirements of Sections 3109.4.1-3109.4.8. Where the ladder
or steps are secured, locked or removed, any opening created shall not
allow the passage of a 4-inch-diameter (102 mm) sphere.
3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools
shall not be required to comply with Section 3109.4.9.
3109.6 Prohibited locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used to climb
the barriers.
3109.7 Entrapment avoidance.Suction outlets shall be designed and
installed in accordance with ANSI/APSP-7."
§ 10-1-3. AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL
CODE.
The following amendments are hereby made to the International Residential
Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Residential Code."
Section R105.2: Section R105.2, Item 10 in the building portion, is
amended to read as follows: "10. Decks not exceeding 200 sq/ft (18.6 m
2)
in area, not more than 30 inches (762 mm) above grade at any point, and
not serving the exit door required by Section R311.4."
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Section R109.1.5: Section R109.1.5 is amended to read as follows:
"R109.1.5 Other inspections. In addition to inspections in Sections
R109.1.1-R109.1.4, the building official is authorized to make or require
other inspections of any construction work to ascertain compliance with this
code and any other Town code, standard, requirement or regulation."
Table R301.2: Table R301.2 is amended to read as follows:
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM ICE BARRIER
UNDER-
LAMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speed
(mph)d
Topo-
graphical
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem
Weatheringa Frost
line
deptb
Termitec
140 115 NO NO NO B SEVERE 48"None to
Slight
YES, 100%-2500 37.4%
MANUAL J DESIGN CRITERIAn
Elevation Altitude
correction
factore
Coincident wet
bulb
Indoor winter
design relative
humidity
Indoor winter
design dry-bulb
temperature
Outdoor winter
design dry-bulb
temperature
Heating
temperature
difference
8150'.745 54º30%70º-5º75º
Latitude Daily Range Indoor summer
design relative
humidity
Summer design
gains
Indoor summer
design dry-bulb
temperature
Outdoor summer
design dry-bulb
temperature
Cooling
temperature
difference
39.64ºN H 50%-33 to -53 75º82º7º
Section R301.2.3: Section R301.2.3 is amended to read as follows:
"R301.2.3 Ground and roof snow loads. The ground snow loads to be used
in determining design snow loads shall be 142 pounds per sq/ft. Designs
for roof snow loads shall be as follows:
1. Roof pitches of less than 4:12 shall be designed to carry 100 pounds per
sq/ft.
2. Roof pitches of 4:12 and greater shall be designed to carry 80 pounds
per sq/ft.
All buildings and structures shall be designed in accordance with accepted
engineering practice. Snow loads for decks and exterior balconies shall be
as required for roofs."
Section R309.1: Section R309.1 is amended to read as follows:
"Exception: An automatic sprinkler system is required when a Level 3
alteration, as classified by the Vail Existing Building Code, occurs to a
townhouse unit that is 3,600 sq/ft or greater, including attached garages or
when additional sq/ft is added to a townhouse that would increase the total
floor area of an individual townhouse unit to 3,600 sq/ft or greater. Existing
townhouses that are 3,600 sq/ft or more may add up to 100 sq/ft of floor
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area without triggering the sprinkler retrofit requirement. This exemption
may only be taken once and does not include a detached garage."
Section R309.1.1: Section R309.1.1 is amended to read as follows:
"R309.1.1 Design and installation. Automatic residential fire sprinkler
systems for townhouses shall be designed and installed in accordance with
NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency
Services fire sprinkler installation standards."
Section R309.2: R309.2 is amended to read as follows: "Exception: An
automatic sprinkler system is required when a Level 3 alteration, as
classified by the Vail Existing Building Code, occurs to a 1- or 2-family
dwelling that is 3,600 sq/ft or greater, including attached garages or when
additional sq/ft is added to a 1- or 2-family dwelling that would increase the
total floor area of an individual 1- or 2-family dwelling unit to 3,600 sq/ft or
greater.Existing 1- or 2-family dwellings of 3,600 sq/ft or greater may add
up to 100 sq/ft of floor area without triggering the sprinkler retrofit
requirement. This exemption may only be taken once. This does not
include a detached garage. For purposes of this Section, a 2-family
dwelling shall be considered 2 separate structures."
Section R309.2.1: Section R309.2.1 is amended to read as follows:
"R309.2.1 Design and installation. Automatic residential fire sprinkler
systems shall be designed and installed in accordance with NFPA 13D,
NFPA 13R and NFPA 13 standards and Vail Fire and Emergency Services
fire sprinkler installation standards."
Section R311.2: Section R311.2 is amended to read as follows: "R311.2.1
Where required. Carbon monoxide alarms shall be provided in accordance
with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency
Services alarm installation standards."
Section R311.2.1: Section R311.2.1 is amended to read as follows:
"R311.2.1 New construction. For new construction, carbon monoxide
alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. §
38-45-101 and Vail Fire and Emergency Services alarm installation
standards."
Section R311.3: Section R311.3 is amended with the addition of the
following text: "In addition to the above locations, carbon monoxide alarms
shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-
101 and Vail Fire and Emergency Services alarm installation standards."
Section R311.7: Section R311.7 is amended to read as follows: "R311.7
Carbon monoxide detection systems. Carbon monoxide detection systems
shall be permitted to be used in lieu of carbon monoxide alarms and shall
comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
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Section R311.7.2: Section R311.7.2 is amended to read as follows:
"R311.7.2 Location. Carbon monoxide detectors shall be installed in
accordance with Section R315.3."
Section R318.7.12: Section R318.7.12 is amended to read as follows:
"Exception: Alternating tread devices are allowed to be used as an element
of a means of egress for lofts, mezzanines and similar areas of 200 gross
sq/ft (18.6 m2) or less where an emergency escape and rescue opening is
provided for the area served and such devices do not provide exclusive
access to a kitchen or bathroom."
Section R318.13: Section R318.13 is amended to read as follows:
"Exception: Ships ladders are allowed to be used as an element of a means
of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6m2)
or less where an emergency escape and rescue opening is provided for the
area served and such devices do not provide exclusive access to a kitchen
or bathroom."
Section R328.1: Section R328.1 is amended to read as follows: "R328.1
General. The design and construction of pools and spas shall comply with
Section 3109 of the Vail Building Code."
Section R331.2: Section R331.2 is amended to read as follows: "R 331.2
Installation. The installation of stationary engine generators shall be in an
approved location and in accordance with the listing, the manufacturer's
installation instructions and NFPA 70."
Section R507.2.4.1: Section R507.2.4.1 is amended by the addition of the
following exception: "Exception: An approved flashing detail in accordance
with Section R507.2.4.1 that prevents moisture and water accumulation on
member surfaces and joints may be utilized in-lieu of preservative-treated
materials."
Section R902.1: Section R902.1 is amended to read as follows: "R902.1
Roofing assemblies. All roof assemblies and roof coverings shall be Class
A. Wood shakes and shingles are prohibited unless exempted for
replacement or repair as defined below. Where the roof profile allows space
between the roof covering and the roof decking at the eave ends, the
spaces shall be constructed to prevent intrusion of flames and embers or
have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap
sheet complying with ASTM D3909 installed over the combustible decking."
Section R902.1.1: Section R902.1 is added to read as follows: "R902.1
Replacement or Repair. Each structure with a nonconforming roof covering
or roof assembly shall be allowed 1 replacement or repair of 25% or less of
the roof area. Replacement or repair in excess of 25% or a second
replacement or repair of the roof covering, or roof assembly shall trigger
replacement of the nonconforming covering or assembly in its entirety.
Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule.
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For purposes of this section, a 2-family dwelling shall be considered 2
separate structures. Exception: Metal and concrete roofing systems."
Section R902.2 is deleted.
Section R903.5: Section R903.5 is added to read as follows: "R903.5
Snow retention devices. New roof assemblies shall be designed to prevent
accumulations of snow from shedding onto areas directly above or in front
of utility meters and adjacent properties. The design of snow retention
devices shall be provided by a registered design professional or as
determined by the building official. Exception: Roof areas with a horizontal
projection of less than 48 inches that will not receive snow shedding from a
higher roof. The horizontal projection shall be measured perpendicular to
the exterior wall line from the edge of the roof or eave to the intersecting
wall surface."
Section R905.1.2: Section R905.1.2 is amended to read as follows:
"R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types,
metal roof panels and mineral-surfaced roll roofing. The ice barrier shall
consist of not less than 2 layers of underlayment cemented together, or a
self-adhering polymer modified bitumen sheet shall be used in place of
normal underlayment. The ice barrier shall completely cover all roof
surfaces. Exception: Detached accessory structures that do not contain
conditioned floor area."
Sections R905.7 and R905.8 are deleted.
Section R1001.1: Section R1001.1 is amended to read as follows:
"R1001.1 General. Masonry fireplaces shall be constructed in accordance
with this Section, the applicable provisions of Chapters 3 and 4 of this code,
and with Title 5, Chapter 3 of the Vail Town Code."
Chapters 11-43 are deleted and replaced with the corresponding
provisions of International Codes and National Electric Code.
§ 10-1-4. AMENDMENTS TO THE INTERNATIONAL FIRE CODE.
The following amendments are hereby made to the International Fire Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the 'Vail Fire Code'."
Section 202: The following definitions are amended to read as follows:
FALSE ALARM. See Title 4 of the Vail Town Code.
FIREWORKS. Any combustible or explosive composition, article, device,
substance or combination of substances, prepared for the primary purpose
of producing a visual or auditory sensation by combustion, explosion,
deflagration or detonation, including without limitation the following articles
and devices commonly known and used as fireworks: sparklers, cold
sparks, toy cannons or toy canes in which explosives are used to propel the
same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, daygo
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bombs, torches, bottle rockets, or other devices of like construction and any
devices containing any explosive or flammable compound, or any tablets or
device containing any explosive substances; and any composition or device
for the purpose of producing a visible or an audible effect for entertainment
purposes by combustion, deflagration or detonation that meets the
definition of 1.3G fireworks or 1.4G fireworks.
PORTABLE OUTDOOR FIREPLACE.A portable, outdoor, solid-fuel
burning fireplace that may be constructed of steel, concrete, clay or other
non-combustible material and equipped with a screen or other approved
spark arrestor, of open design or equipped with a small hearth opening and
a short chimney or chimney opening in the top.
Section 307.1.1: Section 307.1.1 is amended to read as follows: "307.1.1
Prohibited open burning. The following burning activities are prohibited:
1. Open burning.
2. Bonfires.
3. Recreational fires.
4. The burning of any materials when a National Weather Service Red Flag
Warning is activated.
5. The burning of any materials when Stage 2 or 3 fire restrictions are in
place.
6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions
are in place.
Exceptions:
1. Burning conducted for training purposes by Vail Fire and Emergency
Services.
2. If the burning is a smokeless flare or safety flare used to indicate danger
to the public.
3. Open burning conducted pursuant to a permit issued by the fire code
official upon written application, if the fire code official determines that such
burning will be performed without hazard to the public health, safety or
welfare.
4. Prescribed burning for the purpose of reducing the impact of wildland fire
when authorized by the fire code official.
5. The use of propane or natural gas appliances equipped with automatic
shut-off controls."
Section 307.3: Section 307.3 is amended to read as follows: "307.3
Extinguishment authority. Where any open burning, permitted or otherwise
(including the use of a portable outdoor fireplace), creates or adds to a
hazardous situation or creates a nuisance or health risk due to smoke or
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other products of combustion, the fire shall be ordered to be extinguished
by Vail Fire and Emergency Services or Vail Police Department."
Sections 307.4.1 and 307.4.2 are deleted.
Section 308.1.7: Section 308.1.7 is amended to read as follows: "308.1.7
Sky lanterns. The use of sky lanterns is prohibited."
Section 308.1.11: Section 308.1.11 is amended to read as follows:
"308.1.11 Open-flame cooking devices. Charcoal burners and other open-
flame cooking devices shall not be operated on combustible balconies or
within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. 1- and 2-family dwellings.
2. Where buildings, balconies and decks are protected by an automatic
sprinkler system."
3. LP-gas cooking devices having LP-gas container with a water capacity
not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity.
4. Natural gas cooking devices having a 60-minute automatic shut-off timer.
5. Where approved by the fire code official."
Section 503.6: Section 503.6 is amended to read as follows: "503.6
Security gates. The installation of security gates across a fire apparatus
access road or driveway shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of
emergency operation. The security gates and the emergency operation
shall be maintained operational at all times. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for
automatic operation shall be designed, constructed and installed to comply
with the requirements of ASTM F2200."
Section 603.4: Section 603.4 is amended to read as follows: "603.4
Working space and clearances. Working space around electrical
equipment shall be provided in accordance with Section 110.26 of NFPA 70
for electrical equipment rated 1,000 volts or less, and Section 110.32 of
NFPA 70 for electrical equipment rated over 1,000 volts. The minimum
required working space shall be not less than 30 inches (762 mm) in width,
36 inches (914 mm) in depth and 78 inches (1981 mm) in height in front of
electrical service equipment. Where the electrical service equipment is
wider than 30 inches (762 mm), the minimum working space shall be not
less than the width of the equipment. Storage of materials shall not be
located within the designated working space. The fire code official is
authorized to require electric meters, rapid shut-down switches, and other
main electrical disconnects to be located on the structure's non-shed or
gable end side to protect from snow and ice shedding. When ice or snow
buildup is likely to occur above the electric meter, rapid shut-down, and
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other main electrical disconnects, other approved protection shall be
required. The fire code official is authorized to require a maintenance plan
for vegetation, snow, and ice removal due to the safety of the equipment
and firefighter access challenges."
Section 605.8: Section 605.8 is amended to read as follows: "605.8 Gas
meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or
otherwise protected in an approved manner. Gas meters shall be located
on the structure's non-shed or gable end side to protect from snow and ice
shedding. When ice or snow buildup is likely to occur above the gas meter,
other approved protection shall be required. Snow and ice build-up around
gas and other utility meters shall be kept clear and maintained at all times.
The fire code official is authorized to require a maintenance plan for
vegetation, snow, and ice removal due to the safety of the equipment and
firefighter access challenges."
Section 903.3.1.1: Section 903.3.1.1 is amended to read as follows:
"903.2.1.1 NFPA 13 sprinkler systems. Where the provisions of this code
require that a building or portion thereof be equipped throughout with an
automatic sprinkler system in accordance with this section, sprinklers shall
be installed throughout in accordance with NFPA 13 and Vail Fire and
Emergency Services fire sprinkler installation standards except as provided
in Sections 903.3.1.1.1-903.3.1.1.3."
Section 903.3.1.2: Section 903.3.1.2 is amended to read as follows:
"903.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in
Group R occupancies shall be permitted to be installed throughout in
accordance with NFPA 13R and Vail Fire and Emergency Services fire
sprinkler installation standards where the Group R occupancy meets all of
the following conditions:
1. 4 stories or less above grade plane.
2. For other than Group R-2 occupancies, the floor level of the highest story
is 30 feet (9,144 mm) or less above the lowest level of fire department
vehicle access. For Group R-2 occupancies, the roof assembly is less than
45 feet (13,716 mm) above the lowest level of fire department vehicle
access. The height of the roof assembly shall be determined by measuring
the distance from the lowest required fire vehicle access road surface
adjacent to the building to the eave of the highest pitched roof, the
intersection of the highest roof to the exterior wall, or the top of the highest
parapet, whichever yields the greatest distance.
3. The floor level of the lowest story is 30 feet (9,144 mm) or less below the
lowest level of fire department vehicle access.
The number of stories of Group R occupancies constructed in accordance
with Sections 510.2 and 510.4 of the International Building Code shall be
measured from grade plane."
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Section 903.3.1.3: Section 903.3.1.3 is amended to read as follows:
"903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that
are installed in 1- and 2-family dwellings and townhouses shall be installed
in accordance with NFPA 13D and Vail Fire and Emergency Services
installation standards."
Section 903.4: Section 903.4 is amended to read as follows: "903.4
Sprinkler system supervision and alarms. Automatic sprinkler systems
supervision and alarms shall comply with Section 903.4.1."
Section 903.4.1: Section 903.4.1 is amended by the deletion of all
exceptions.
Section 907.2: Section 907.2 is amended to read as follows: "907.2 Where
required – new buildings and structures. An approved fire alarm system
installed in accordance with the provisions of this code, NFPA 72 and Vail
Fire and Emergency Services installation standards shall be provided in
new buildings, structures, 1- and 2-family dwellings and townhouses in
accordance with Sections 907.2.1-907.2.23 and provide occupant
notification in accordance with Section 907.5, unless other requirements are
provided by another section of this code. Not fewer than 1 manual fire alarm
box shall be provided in an approved location to initiate a fire alarm signal
for fire alarm systems employing automatic fire detectors or waterflow
detection devices. Where other sections of this code allow elimination of
fire alarm boxes due to sprinklers, a single fire alarm box shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems
dedicated to elevator recall control and supervisory service.
2. The manual fire alarm box is not required for Group R-2 occupancies
unless required by the fire code official to provide a means for fire watch
personnel to initiate an alarm during a sprinkler system impairment event.
Where provided, the manual fire alarm box shall not be located in an area
that is open to the public.
3. The manual fire alarm box is not required for fire alarm systems
dedicated to 1- and 2-family dwellings and townhouses."
Section 907.2.11.2: Section 907.2.11.2 is amended to read as follows:
"907.2.11.2 Groups R-2, R-3, R-4, I-2. Single or multiple-station smoke
alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and
all residential properties that are available for rent or lease, regardless of
occupant load, at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
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3. In each story within a dwelling unit, including basements but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with
split levels and without an intervening door between the adjacent levels, a
smoke alarm installed on the upper level shall suffice for the adjacent lower
level provided that the lower level is less than 1 full story below the upper
level."
Section 1004.1: Section 1004.1 is amended to read as follows: "1004.1
Design occupant load. In determining means of egress requirements, the
number of occupants for whom means of egress facilities are provided shall
be determined in accordance with this section.
Exceptions: Short-term rentals. Any property operating as a short-term
rental pursuant to Chapter 14 of Title 4 of the Vail Town Code shall have
means of egress facilities requirements designated based on 2 occupants
per room plus an additional 2 occupants per residence. There shall be an
additional exception available for short-term rentals with multiple means of
egress per room, subject to the fire code official or designee's specific
approval."
Section 1207.11.3:Section 1207.11.3 is amended to read as follows:
"1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and
sleeping units in accordance with Section 406.3.2 of the International
Building Code.
3. Outdoors or on the exterior side of exterior walls located a minimum of
3 feet (914 mm) from doors and windows directly entering the dwelling unit,
except where smaller separation distances are permitted by the UL 9540
listing and manufacturer's installation instructions.
ESS shall not be installed in sleeping rooms, means of egress, or in closets
or spaces opening directly into sleeping rooms. (Material based on NFPA
855 2023 Ed.)"
§ 10-1-5. AMENDMENTS TO THE INTERNATIONAL ENERGY
CONSERVATION CODE.
The following amendments are hereby made to the International Energy
Conservation Code:
Section C101.1: Section C101.1 is amended to read as follows: "C101.1
Title. These regulations shall be known as the Vail Commercial Energy
Code."
Section C202: Section C202 is amended by the addition of the following
definitions:
ALL-ELECTRIC BUILDING. A building and building site that contains no
combustion equipment, or plumbing for combustion equipment, and that
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uses heat pump technology as the primary supply for heating, cooling, and
service water heating loads.
COMBUSTION EQUIPMENT. Any equipment or appliances used for space
heating, cooling, water heating (including pools and spas), cooking, clothes
drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil.
EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle
(EV) with the electrical panel capacity and conduit installed to support future
implementation of EV charging with a 208/240-volt (or greater), 40-ampere
(or greater) circuit, and a dedicated, labeled space in the electrical panel.
EV-INSTALLED PARKING SPACE. A parking space for an EV that has the
EV supply equipment (EVSE) fully installed from the electrical panel to the
parking space, including charging equipment.
MIXED-FUEL BUILDING. A building and building site that contains
combustion equipment, or plumbing for combustion equipment.
Section C405.14: Section C405.14 is added as follows: "C405.13 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table C405.13. Exception: A request for a
reduction in the number of required EV installed parking spaces can be
made if DC fast charging stations are installed to fulfill the requirements of
this subsection. An EV parking study shall be submitted to support the
request and based on the findings of the analysis or study, the building
official is authorized to approve a reduction in the number of required EV-
installed parking spaces."
Section C406.1: Section C 406.1 is amended to read as follows: "C406.1
Additional energy efficiency credit requirements. New all-electric buildings
shall achieve a total of 10 credits and new mixed-fuel buildings shall achieve
a total of 20 credits from Tables C406.1(1) through C406.1(5) where the
table is selected based on the use group of the building and from credit
calculations as specified in relevant subsections of C406."
Table C406.1(2): Table C406.1(2) is amended in part to read as follows:
TABLE C406.1(2)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
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C406.7.3: Efficient fossil
fuel water heater b
3
C406.7.4: Heat pump
water heater b
9
Table C406.1(3): Table C406.1(3) is amended in part to read as follows:
TABLE C406.1(3)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
C406.7.3: Efficient fossil
fuel water heater a
1
C406.7.4: Heat pump
water heater a
3
a. For schools with showers or full-service kitchens.
Table C406.1(5): Table C406.1(5) is amended in part to read as follows:
TABLE C406.1(5)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
C406.7.3: Efficient fossil
fuel water heater b
3
C406.7.4: Heat pump
water heater b
9
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a. Other occupancies include all groups except Groups B, E, I, M, and R.
b. For occupancy groups listed in Section 406.7.1
Section C410.1: Section C401.1 is added to read as follows: "C410.1 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table C405.13.
Exception: A request for a reduction in the number of required EV installed
parking spaces can be made if DC fast charging stations are installed to
fulfill the requirements of this subsection. An EV parking study shall be
submitted to support the request and based on the findings of the analysis
or study, the building official is authorized to approve a reduction in the
number of required EV-installed parking spaces."
Table C410.1: Table C410.1 is added as follows:
"TABLE C410.1 EV PARKING SPACES
a
Property Type Space Requirements
All commercial properties (incl.
multi-family developments)
5% EV-installed parking spaces +
50% EV-capable parking
spaces
a. These provisions are for new construction only."
Section R101.1: Section R101.1 is amended to read as follows: "R101.1
Title. These regulations shall be known as the Vail Residential Energy
Code."
Section R202: Section R202 is amended by the addition of the following
definitions:
ALL-ELECTRIC BUILDING. A building and building site that contains no
combustion equipment, or plumbing for combustion equipment, and that
uses heat pump technology as the primary supply for heating, cooling, and
service water heating loads.
COMBUSTION EQUIPMENT. Any equipment or appliances used for space
heating, cooling, water heating (including pools and spas), cooking, clothes
drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil.
EV-CAPABLE PARKING SPACE. An EV parking space with the electrical
panel capacity and conduit installed to support future implementation of EV
charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and
a dedicated, labeled space in the electrical panel.
MIXED-FUEL BUILDING.A building and building site that contains
combustion equipment or plumbing for combustion equipment.
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SOLAR-READY ZONE. A section of the roof or building overhang
designated and reserved for the future installation of a solar photovoltaic or
solar thermal system.
Section R401.2.5: Section R401.2.5 is amended to read as follows:
"R401.2.5 Additional energy efficiency. This section establishes additional
requirements applicable to all compliance approaches to achieve additional
energy efficiency.
1. For buildings complying with Section R401.2.1, the building shall meet
one of the following:
1.1. For all-electric buildings, one of the additional efficiency package
options shall be installed according to Section R408.2.
2.2. For mixed-fuel buildings, three of the additional efficiency packages
shall be installed, at least one of which addresses the envelope."
Table R402.1.3: Table R402.1.3 is amended by deleting footnote g.
Section R403.7: Section R403.7 is amended to read as follows: "R403.7
Equipment sizing and efficiency rating. Heating and cooling equipment
shall be sized in accordance with ACCA Manual S based on building loads
calculated in accordance with ACCA Manual J or other heating and cooling
calculation methodologies. All new heating and cooling equipment shall
have an efficiency rating of 92% AFUE or better.Exception: The
replacement, alteration or repair of an existing system."
Section R403.14: Section R403.14 is added to read as follows: "R403.14
Gas fireplaces. Gas fueled fireplaces, fire pits and other outdoor fireplaces
and appliances require automatic shut-off controls with a maximum 60-
minute timer."
Section R403.15: Section R403.15 is added as follows: "R403.15 Solar-
ready zone. New 1- and 2-family dwellings and townhouses with not less
than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and
270 degrees of true north, shall comply with Sections R403.14.1-R403.7.
Exceptions:
1. A new residential building with a permanently installed on-site renewable
energy system.
2. A building where all areas of the roof that would otherwise meet the
requirements of Section R403.14 are in full or partial shade for more than
70% of daylight hours annually.
R403.15.1. Construction documents shall indicate the solar-ready zone.
R403.15.2 Solar-ready zone. The solar-ready zone shall be not less than
300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as
required by the Vail Fire Code. New townhouses of 3 stories or less in
height above grade plane and with a total floor area less than or equal to
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2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of
not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed
of areas not less than 5 feet (1,524 mm) in width and not less than 80 sq/ft
(7.44 m2) exclusive of access or set-back areas as required by the Vail Fire
Code.
R403.15.3 Obstructions. Solar-ready zones shall be free from obstructions,
including without limitation vents, chimneys, and other roof-mounted
equipment.
R403.15.4 Capped roof penetration sleeve. A capped roof penetration
sleeve shall be provided adjacent to all solar-ready zones located on roofs.
The capped roof penetration sleeve shall be sized to accommodate the
future photovoltaic system conduit and shall have an inside diameter of not
less than 1.5 inches (38 mm).
R403.15.5 Roof load documentation. The structural design loads for roof
dead load and roof live load shall be clearly indicated on the construction
documents.
R403.15.6 Interconnection pathway. Construction documents shall indicate
pathways for routing of conduit or plumbing from the solar-ready zone to the
electrical service panel or service hot water system.
R403.15.7 Electrical service reserved space. The main electrical service
panel shall have a reserved space to allow installation of a dual pole circuit
breaker for future solar electric installation and shall be labeled 'For Future
Solar Electric'. The reserved space shall be positioned at the opposite
(load) end from the input feeder location or main circuit location.
R403.15.8 Certificate. A permanent certificate, indicating the solar-ready
zone and other requirements of this Section, shall be posted near the
electrical distribution panel, water heater or other conspicuous location by
the builder or registered design professional."
Section R404.5: Section R404.5 is added as follows: "R404.5 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table R404.5."
Table R404.5: Table R404.5 is added as follows:
"TABLE R404.5 EV PARKING SPACES
a
Property Type Space Requirements
1- and 2-family dwellings,
townhouses
1 EV-capable space per dwelling
a. These provisions are for new construction only."
Section R404.6: Section R404.6 is added as follows:
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"R404.6 Electric readiness. Systems using gas or propane to serve
individual dwelling units shall comply with R404.6.1 and R404.6.2.
R404.6.1 Receptacle required. A dedicated electrical receptacle connected
to the electric panel with an appropriately sized branch circuit shall be
provided within 36 inches (914 mm) of each gas or propane water heater,
clothes dryer, and conventional cooking appliance.
R404.6.2 Receptacle identification. The branch circuits within the electric
panel serving the future electric appliances shall be appropriately labeled
for their intended use."
§ 10-1-6. AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE.
The Town hereby adopts, by reference, all amendments to the International
Plumbing Code adopted by the State of Colorado and referred to as the
Colorado Plumbing Code, in addition to the following amendments:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Plumbing Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Section 305.4.1: Section 305.4.1 is amended to read as follows: "305.4.1
Sewer depth. Per Eagle River Water and Sanitation District (ERWSD)
standards, building sewers shall be installed not less than 54 inches (1,372
mm) below grade."
Section 903.1: Section 903.1 is amended to read as follows: "903.1 Roof
extension unprotected. Open vent pipes that extend through a roof shall be
terminated not less than 16 inches (406 mm) above the roof."
Section 903.2: Section 903.2 is amended to read as follows: "903.2 Frost
closure. Vent extensions through a roof or wall shall be not less than 3
inches (76 mm) in diameter. Any increase in size of the vent shall be made
not less than 1 foot (305 mm) inside the thermal envelope of the building."
§ 10-1-7 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE.
The Town hereby adopts, by reference, all amendments to the International
Fuel Gas Code adopted by the State of Colorado and referred to as the
Colorado Fuel Gas Code, in addition to the following amendments:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Fuel Gas Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
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the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Table 503.8: Table 503.8 is amended as follows:
A Clearance above finished grade level, veranda,
porch, deck, or balcony
36 inches
(All other values within the table are unchanged.)
§ 10-1-8. AMENDMENTS TO THE INTERNATIONAL MECHANICAL
CODE.
The following amendments are hereby made to the International
Mechanical Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Mechanical Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Section 401.4: Section 401.4 is amended by the addition of the following
text: "5. The bottom of intake openings shall be located not less than 36
inches (914 mm) above finished grade."
Section 701.3: Section 701.3 is added to read as follows:"701.3
Combustion air ducts. Combustion air ducts shall terminate to the outside
a minimum of 36 inches (914 mm) above finished grade."
Section 804.3.4: Section 804.3.4 is amended by the addition of the
following: "6. The bottom of the vent termination shall be located not less
than 36 inches (914 mm) above finished grade."
§ 10-1-9. AMENDMENTS TO THE INTERNATIONAL EXISTING
BUILDING CODE.
The following amendments are hereby made to the International Existing
Building Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title:
These regulations shall be known as the Vail Existing Building Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
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this agency shall be the implementation, administration, and enforcement
of this code."
Section 101.4.2: Section 101.4.2 is amended to read as follows: "101.4.2
Buildings previously occupied. The legal occupancy of any building existing
on the date of adoption of this code shall be permitted to continue without
change, except as is specifically covered in this code, the Vail Fire Code, or
as deemed necessary by the code official for safety."
§ 10-1-10. AMENDMENTS TO THE NATIONAL ELECTRICAL CODE.
The Town hereby adopts, by reference, all amendments to the National
Electrical Code adopted by the State of Colorado and referred to as the
Colorado Electrical Code.
§ 10-1-11. AMENDMENTS TO THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS.
The following amendments are hereby made to the Uniform Code for the
Abatement of Dangerous Buildings:
Section 301: Section 301 is amended to read as follows, including the
addition of the following definitions: "Section 301 General. For the purpose
of this code, certain terms, phrases, words, and their derivatives shall be
construed as specified in this section or as specified in the Vail Building
Code.
BUILDING CODE is the International Building Code, as adopted and
amended by the Vail Building Code.
DANGEROUS BUILDING is any building or structure deemed to be
dangerous under Section 302 of this code."
§ 10-1-12. VIOLATION AND PENALTY.
(A)It is unlawful for any person to violate any provision of any code
adopted in this Chapter.
(B)Violations of this Chapter shall be subject to the penalties provided
in § 1-4-1 of this Code. Each day the violation continues shall constitute a
separate offense.In addition, the Town may maintain an action for
damages, declaratory relief, specific performance, injunction, or any other
appropriate relief for a violation of any provision of this Chapter.
§ 10-1-13. APPEALS.
(A)Appeal of Building Official or Fire Code Official actions:
(1)Authority: The Building and Fire Code Appeals Board (the
"Board") shall have the authority to hear and decide appeals from any order
or decision of the Building Official or Fire Code Official under this Chapter.
An appeal shall be based on a claim that the intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the provisions
of this Chapter do not fully apply, or an equivalent or better form of
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construction is proposed. The Board shall not have the authority to waive
any specific requirement of this Chapter.
(2)Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order or decision of the
Building Official or Fire Code Official under this Chapter. Failure to file a
timely appeal shall constitute a waiver of any rights under this Chapter to
appeal any order, decision, determination or interpretation by the Building
Official or Fire Code Official.
(3)Procedure:
(a)A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the decision
or order being appealed. Upon the filing of the appeal, the Building
Official shall gather and forward all records concerning the subject
matter of the appeal to the Board.
(b)The appeal shall be considered by the Board at its next
regularly scheduled meeting.
(c)The Board may affirm, reverse, or modify the action of the
Building Official or Fire Code Official, or schedule a hearing. Failure
of the Board to act within thirty (30) days of receipt of the appeal
information shall be deemed concurrence with the action of the
Building Official or Fire Code Official.
(d)If a hearing is deemed necessary, it shall be held within thirty
(30) days of the first consideration by the Board. Written notice shall
be sent to the appellant a minimum of seven (7) days prior to the
scheduled hearing. The Board may grant one continuance of the
hearing of up to thirty (30) days.
(e)On all appeals, the Board shall, make findings of fact based
on the evidence presented and issue a written order.
(B)Appeal of Board actions:
(1)Authority: The Town Council shall have the authority to hear
and decide appeals from any order of the Board.
(2)Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order of the Board. Failure
to file a timely appeal shall constitute a waiver of any rights to appeal any
order of the Board.
(3)Decision: The Town Council may affirm, reverse, or modify
the order of the Board. The Town Council shall make findings of fact based
on the evidence presented.
(4)Final Decision: The decision of the Town Council shall be
final, subject only to judicial review by a court of competent jurisdiction
under C.R.C.P. 106(a)(4).
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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.
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 Vail 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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of October, 2024,
and a public hearing for second reading of this Ordinance set for the 15th day of
October, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 15th day of October, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 16th day of October 2024.
Witness my hand and seal this 16th day of October 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 13
SERIES 2024
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, ADOPTING BY REFERENCE THE 2023 EDITION OF THE
NATIONAL ELECTRICAL CODE AND THE 2024 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, THE INTERNATIONAL
RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, THE
INTERNATIONAL ENERGY CONSERVATION CODE, THE
INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL FUEL GAS
CODE, THE INTERNATIONAL MECHANICAL CODE AND THE
INTERNATIONAL EXISTING BUILDING CODE, WITH AMENDMENTS,
AND SETTING FORTH PENALTIES FOR VIOLATIONS THEREOF
WHEREAS, the Town Council finds it necessary to adopt minimum standards to
safeguard the health, property, and welfare of the citizens of the Town by regulating and
controlling the use, occupancy, maintenance, repair, design, construction and quality of
materials for buildings and structures within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 10 of the Vail Town Code is hereby repealed and
reenacted to read as follows:
§ 10-1-1. CODES ADOPTED BY REFERENCE.
(A)The following codes are hereby adopted by reference, as amended:
(1)The International Building Code, 2024 edition, including
Appendices B, E, G, J, K and O.
(2)The International Residential Code, 2024 edition, Chapters
10, including Appendices BE, BO and AA.
(3)The International Fire Code, 2024 edition, including
Appendices A, B, C, D, E, G, H, I, J and N.
(4)The International Energy Conservation Code, 2024 edition,
including Appendices CA and RA.
(5)The International Plumbing Code, 2024 edition, including
Appendices C and F.
(6)The International Fuel Gas Code, 2024 edition, including
Appendix E.
(7)The International Mechanical Code, 2024 edition, including
Appendix C.
(8)The International Existing Building Code, 2024 edition,
including Appendix D.
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(9)The National Electrical Code, 2023 edition.
(10)The Uniform Code for the Abatement of Dangerous Buildings,
1997 edition.
(B)All International Codes are published by the International Code
Council, 4051 Flossmoor Road, Country Club Hills, IL 60478, except the
National Electrical Code is published by the National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02269 and the Uniform Code
for the Abatement of Dangerous Buildings is published by the International
Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA
90601-2298.
(C)Copies shall be available for inspection at the office of the Town
Clerk during regular business hours and can be viewed online at
www.iccsafe.org and www.vailgov.com.
§ 10-1-2. AMENDMENTS TO THE INTERNATIONAL BUILDING CODE.
The following amendments are hereby made to the International Building
Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1: Title.
These regulations shall be known as the Vail Building Code."
Section 101.4: Section 101.4 is amended to read as follows: "101.4
Referenced codes. The other codes listed in Sections 101.4.1 through
101.4.7 and referenced elsewhere in this code shall not be considered a
part of this code unless specifically adopted."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 105.2: Section 105.2 is amended to include the following: "14.
Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches
(762 mm) above grade at any point and are not part of a means of egress
or accessible route."
Section 110.3.10: Section 110.3.10 is amended to read as follows:
"110.3.10 Other inspections. In addition to the inspections specified in
Sections 110.3.1-110.3.9, the building official may make or require other
inspections of any construction work to ascertain compliance with this code
and any other Town code, standard, requirement or regulation."
Section 202: Section 202 is amended by the addition of the following
definitions:
ACCESSORY STRUCTURE. A structure used to shelter or support any
material, equipment, chattel or occupancy other than a habitable building.
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FIRE CODE OFFICIAL. The Fire Code Official or designee.
FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and
systems in the design and construction of a structure to safeguard against
the spread of fire within a structure and the spread of fire to or from
structures to the wildland-urban interface area.
IGNITION-RESISTANT BUILDING MATERIAL. A type of building material
that resists ignition or sustained flaming combustion sufficiently to reduce
losses from wildland-urban interface conflagrations under worst-case
weather and fuel conditions with wildfire exposure of embers and small
flames, as prescribed in Chapter 7A.
IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06.
LOG WALL CONSTRUCTION. A type of construction in which exterior
walls are constructed of solid wood members and where the smallest
horizontal dimension of each solid wood member is at least 6 inches (152
mm).
NONCOMBUSTIBLE. A material that, in the form in which it is used, is
either:
1. Material of which no part will ignite and burn when subjected to fire (any
material conforming to ASTM E136 shall be considered noncombustible);
or
2. Material having a structural base of noncombustible material as defined
in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick,
which has a flame spread index of 50 or less.
'Noncombustible' does not apply to surface finish materials. Material
required to be noncombustible for reduced clearances to flues, heating
appliances or other sources of high temperature shall refer to material
conforming to Item 1 above. No material shall be classified as
noncombustible that is subject to increase in combustibility or flame spread
index, beyond the limits herein established, through the effects of age,
moisture or other atmospheric condition.
SAFETY COVER. A structure, fabric or assembly, along with attendant
appurtenances and anchoring mechanisms, that is temporarily placed or
installed over an entire pool, spa or hot tub and secured in place after all
bathers are absent from the water.
SFM. Refers to the California State Fire Marshal's office.
UNENCLOSED ACCESSORY STRUCTURE. An accessory structure
without a complete exterior wall system enclosing the area under the roof
or floor above.
WILDLAND-URBAN INTERFACE AREA. That geographical area, as
depicted and defined in the Community Wildfire Protection Plan, where
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structures and other human development meets or intermingles with
wildland or vegetative fuels."
Chapter 7A: Chapter 7A is added to read as follows:
"CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION
Section 7A01 Scope:
7A01.1 General. This Chapter shall apply to the construction, alteration,
movement, repair, maintenance and use of any building, structure or
premises into or within the wildland-urban interface areas of the Town.
Exceptions:
1.. Repair or replacement of less than 25% of a deck surface or structure.
2. Repair or replacement of less than 25% of the exterior siding of a
structure.
3. Accessory structures not exceeding 120 sq/ft in floor area where located
not less than 30 feet from buildings containing habitable spaces.
4. Agricultural buildings located not less than 30 feet from buildings
containing habitable spaces.
7A01.2 Objective. Because the unrestricted use of property in wildland-
urban interface areas is a potential threat to life and property from fire and
resulting erosion, the objective of this Chapter is to establish minimum
regulations consistent with nationally recognized good practice for the
safeguarding of life and for property protection, and to mitigate the risk to
life and structures from intrusion of fire from wildland fire exposures and fire
exposures from adjacent structures and to mitigate structure fires from
spreading to wildland fuels. This Chapter supplements the Town's codes
to provide for special regulations to mitigate fire and life-safety hazards in
the wildland-urban interface areas.
7A01.3 Additions or alterations. Additions or alterations shall be permitted
to be made to any building or structure without requiring the existing building
or structure to comply with the requirements of this Chapter; provided that
the addition or alteration conforms to that required for a new building or
structure.
Section 7A02 Applicability:
7A02.1 General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall apply. Where, in
any specific case, different sections of this Chapter specify different
materials, methods of construction or other requirements, the most
restrictive shall apply.
7A02.2 Existing conditions. The legal occupancy or use of any building,
structure or condition existing on the date of adoption of this Chapter shall
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be permitted to continue without change, except as is specifically covered
in the International Fire Code.
Section 7A03 Compliance Alternatives:
7A03.1 Practical difficulties. Where there are practical difficulties involved
in carrying out the provisions of this Chapter, the building official or fire code
official are authorized to grant modifications for individual cases upon
application, in writing, by the owner or owner's authorized agent. The
building official or fire code official shall first find that a special individual
reason makes enforcement of the provisions of this Chapter impractical,
that the modification is in conformance to the intent and purpose of this
Chapter, and that the modification does not lessen any fire protection
requirements or any degree of structural integrity.
7A03.2 Technical assistance. To determine the acceptability of
technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises subject to the
inspection of the building official or fire code official, the building official or
fire code official are authorized to require the owner, the owner's authorized
agent or the person in possession or control of the building or premises to
provide, without charge to the Town, a technical opinion and report. The
opinion and report shall be prepared by a qualified engineer, specialist,
laboratory or fire safety specialty organization acceptable to the code official
and the owner or the owner's authorized agent, and shall analyze the fire
safety of the design, operation or use of the building or premises, the
facilities and appurtenances situated thereon and fuel management for
purposes of establishing fire hazard severity to recommend necessary
changes.
7A03.3 Alternative materials or methods. The provisions of this Chapter
are not intended to prevent the installation of any material or to prohibit any
design or method not specifically prescribed by this Chapter, provided that
any such alternative has been approved. An alternative material, design or
method shall be approved where the building official in concurrence with the
fire code official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this Chapter, and that the material,
method or work offered is, for the purpose intended, not less than the
equivalent of that prescribed in this Chapter in quality, strength,
effectiveness, fire resistance, durability and safety.If an alternative
material, design or method is not approved, the building official shall
respond in writing, stating the reasons why the alternative was not
approved.
Section 7A04 Special Construction Regulations:
7A04.1 General. Structures shall be constructed in accordance with this
Section, unless previously exempted in Section 7A01.1.
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7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-
hour fire-resistance-rated construction, the fire-resistance rating of building
elements, components or assemblies shall be determined in accordance
with the test procedures set forth in ASTM E 119 or UL 263. Exceptions:
1. The fire-resistance rating of building elements, components or
assemblies based on the prescriptive designs prescribed in Section 721.
2. The fire-resistance rating of building elements, components or
assemblies based on the calculation procedures in accordance with Section
722.
Section 7A05 Ignition-Resistant Material.
7A05.1 General. Structures hereafter constructed, modified or relocated
into or within wildland-urban interface areas shall meet the construction
requirements in accordance with ignition-resistant construction in
accordance with Section 7A06. Materials required to be ignition-resistant
materials shall comply with the requirements of Section 7A05.2.
7A05.2 Ignition-resistant building material. Ignition-resistant building
material shall comply with any one or more of the following:
1. Material shall be tested on all sides with the extended ASTM E 84 (UL
723) test or ASTM E 2768, except panel products shall be permitted to test
only the front and back faces. Panel products shall be tested with a ripped
or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in
accordance with the test procedures set forth in ASTM E 84 or UL 723 for
a test period of 30 minutes, or with ASTM E 2768, comply with the following:
1.1. Flame spread. Material shall exhibit a flame spread index not
exceeding 25 and shall not show evidence of progressive combustion
following the extended 30-minute test.
1.2. Flame front. Material shall exhibit a flame front that does not progress
more than 10.5 feet (3,200 mm) beyond the centerline of the burner at any
time during the extended 30-minute test.
1.3. Weathering. Ignition-resistant building materials shall maintain their
performance in accordance with this section under conditions of use.
Materials shall meet the performance requirements for weathering
(including exposure to temperature, moisture and ultraviolet radiation)
contained in the following standards, as applicable to the materials and the
conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of Fire-
Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire-
retardant-treated wood, wood- plastic composite and plastic lumber
materials.
1.3.2. ASTM D 7032 for wood-plastic composite materials.
1.3.3. ASTM D 6662 for plastic lumber materials.
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1.4.Identification. Materials shall bear identification showing fire test
results.
Exception: Materials composed of a combustible core and a
noncombustible exterior covering, made from either aluminum at a
minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a
minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested
with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the requirements
for noncombustible materials.
3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for
exterior use and meeting the requirements of Section 2303.2.
4. Materials meeting the following standards of quality.
4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire
resistance test standard consisting of a 150 kW intensity direct flame
exposure for a 10-minute duration.
4.2. SFM Standard 12-7A-3, Horizontal Projection Underside.A fire
resistance test standard consisting of a 300 kW intensity direct flame
exposure for a 10-minute duration.
4.3. SFM Standard 12-7A-4, Decking. A 2-part test consisting of a heat
release rate (Part A) deck assembly combustion test with an under deck
exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part
B) sustained deck assembly combustion test consisting of a deck upper
surface burning ember exposure with a 12 mph wind for 40 minutes using
a 2.2 lb (1 kg) burning "Class A" size 12" x 12" x 2.25" (300 mm x 300 mm
x 57 mm) roof test brand.
4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release
deck assembly combustion test with an under-deck exposure of 80 kW
intensity direct flame for a 3-minute duration.
4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building
material surface burning flame spread test standard consisting of an
extended 30-minute ASTM E84 or UL 723 test method as is used for fire-
retardant-treated wood.
5. Exterior Windows. Dual or triple pane windows that meet the
requirements of the International Energy Conservation Code.
Section 7A06 Ignition-Resistant Construction:
7A06.1 General. Ignition-resistant construction shall be in accordance with
Sections 7A06.2 through 7A06.11.
7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of
this Code, as amended.
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7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less
than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion-
resistant metal installed over a minimum 36-inch-wide (914 mm)
underlayment consisting of one layer of 72-pound (32.4 kg) mineral-
surfaced, non-perforated cap sheet complying with ASTM D 3909 running
the full length of the valley.
7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the
exposed underside by ignition-resistant building materials or by materials
approved for not less than 1-hour fire-resistance-rated construction, 2-inch
(51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire-
retardant-treated lumber or ¾ inch (19.1 mm) nominal fire-retardant- treated
plywood, identified for exterior use and meeting the requirements of Section
2303.2. Fascias are required and shall be protected on the backside by
ignition- resistant building materials or by materials approved for not less
than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal
dimension lumber.
7A06.4 Gutters and downspouts. Gutters and downspouts shall be
constructed of noncombustible material.
7A06.5 Exterior walls. Exterior walls of buildings or structures shall be
constructed with one of the following methods and all such material shall
extend from the top of the foundation to the underside of the roof sheathing:
1. Materials approved for not less than 1-hour fire-resistance-rated
construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Ignition-resistant building materials complying with Section 7A05.2 on
the exterior side.
All exterior walls shall have a minimum of 6 vertical inches of
noncombustible material, measured from the ground (at grade) or the
nearest horizontal surface.
Exception: Combustible siding materials not complying with Section 7A05.2
may be used but shall not cover more than 33% of a given wall and shall
not be within 5 feet of finished grade. Combustible siding with a profile that
may allow ember intrusion such as wood shake or wood shingle is
prohibited.
7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor
areas enclosed to the ground with exterior walls in accordance with Section
7A06.5.
Exception: Complete enclosure shall not be required where the underside
of exposed floors and exposed structural columns, beams and supporting
walls are protected as required for exterior 1-hour fire-resistance-rated
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construction or heavy timber construction or fire-retardant-treated wood, if
labeled for exterior use and meeting the requirements of Section 2303.2.
7A06.7 Appendages and projections. Unenclosed accessory structures
attached to buildings with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire-resistance-rated construction, heavy
timber construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and meeting the
requirements of Section 2303.2.
3. Ignition-resistant building materials in accordance with Section 7A05.2.
4. Decks or porches (or portions of the decks or porches) 4 feet or less
above the ground shall have the underdeck area enclosed to reduce the
accumulation of debris using one of the following methods:
a. Install noncombustible, corrosion-resistant mesh material with openings
not to exceed 1/8 inch around the outer edge of the deck from the walking
surface to the ground to prevent ember intrusion. Material (e.g., lattice)
installed over the mesh, shall be noncombustible; or
b. Fully enclose with a noncombustible wall covering/cladding.
7A06.8 Exterior doors. Exterior doors shall be constructed of approved
noncombustible materials, standard solid core wood not less than 1.75
inches thick (44 mm) or have a fire protection rating of not less than 20
minutes. Tempered glass doors are permissible. Exception: Vehicle
access doors.
7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or
other ventilation openings in vertical exterior walls and vents through roofs
shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion-resistant materials with openings
not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with
perforations not to exceed ¼ inch (6.4 mm) or shall be designed and
approved to prevent flame or ember penetration into the structure.
7A06.9.1 Vent locations. Attic ventilation openings shall not be located in
the inner 2/3 of soffits, eave overhangs, or other overhang areas. Gable
end and dormer vents shall be located not less than 10 feet (3,048 mm)
from lot lines. Underfloor ventilation openings shall be located as close to
grade as practical.
7A06.10 Detached accessory structures. Detached accessory structures
located less than 30 feet (15,240 mm) from a building containing habitable
space shall have exterior walls constructed with materials approved for not
less than 1-hour fire-resistance-rated construction, heavy timber, log wall
construction, or constructed with approved noncombustible materials or
ignition resistant building materials in accordance with Section 7A05.2. The
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fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.10.1 Underfloor areas. Where the detached structure is located and
constructed so that the structure or any portion thereof projects over a
descending slope surface greater than 10%, the area below the structure
shall have underfloor areas enclosed to within 6 inches (152 mm) of the
ground, with exterior wall construction in accordance with Section 7A06.5
or underfloor protection in accordance with Section 7A06.6. Exception: The
enclosure shall not be required where the underside of exposed floors and
exposed structural columns, beams and supporting walls are protected as
required for exterior 1-hour fire-resistance-rated construction or heavy-
timber construction or fire-retardant-treated wood on the exterior side. The
fire-retardant-treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues,
incinerators or decorative heating appliances in which solid or liquid fuel is
used, shall be provided with a spark arrester. Spark arresters shall be
constructed of woven or welded wire screening of 12 USA standard gage
wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7
mm)."
Section 1505.1: Section 1505.1 is amended to read as follows: "1505.1
General. All roof coverings shall be Class A. Wood shakes and shingles
are not permitted unless exempted for replacement or repair as defined in
Section 1501.1.1. Where the roof profile allows space between the roof
covering and the roof decking at the eave ends, the spaces shall be
constructed to prevent intrusion of flames and embers or have one layer of
72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying
with ASTM D3909 installed over the combustible decking. Exception:
Skylights and sloped glazing that comply with Chapter 24 or Section 2610."
Section 1505.1.1: Section 1505.1.1 is added to read as follows:
"Replacement or Repair.Each structure with a nonconforming roof
covering or roof assembly shall be allowed 1 replacement or repair of 25%
or less of the roof area. Replacement or repair in excess of 25% or a second
replacement or repair of the roof covering or roof assembly shall trigger
replacement of the nonconforming covering or assembly in its entirety. For
purposes of this section, a 2-family dwelling shall be considered 2 separate
structures. Emergency repairs of less than 10 sq/ft shall not be subject to
the 25%) rule."
Table 1505.1 is deleted.
Sections 1505.3, 1505.4, 1505.5, 1505.6 and 1505.7 are deleted.
Section 1507.1.2: Section 1507.1.2 is amended to read as follows:
"1507.1.2 Ice barriers. Ice barriers shall be installed for shingle types, metal
roof panels and mineral-surfaced roll roofing. The ice barrier shall consist
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of not less than 2 layers of underlayment cemented together, or a self-
adhering polymer modified bitumen sheet shall be used in place of normal
underlayment. The ice barrier shall completely cover all roof surfaces.
Exception: Detached accessory structures that do not contain conditioned
floor area."
Sections 1507.8 and 1579.9 are deleted.
Section 1511.7.6: Section 1511.7.6 is added to read as follows: "1511.7.6
Snow retention devices. New roof assemblies shall be designed to prevent
accumulations of snow from shedding onto exterior balconies, decks,
stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from
buildings, areas directly above or in front of utility meters and/or adjacent
properties. The design of snow retention devices shall be provided by a
registered design professional or as determined by the building official.
Exception: Roof areas with a horizontal projection of less than 48 inches
that will not receive snow shedding from a higher roof. The horizontal
projection shall be measured perpendicular to the exterior wall line from the
edge of the roof or eave to the intersecting wall surface."
Section 1603.2: Section 1603.2 is added to read as follows: "1603.2
Boulder and rock walls. Boulder or rock walls with a height of greater than
48 inches shall be designed by a registered design professional and shall
comply with Section 1603.1."
Section 1604.1.1: Section 1604.1.1 is added to read as follows: "1604.1.1
Hazard areas. All new construction and additions to existing structures
located in mapped debris flow, rock fall, avalanche and flood hazard areas
shall comply with Title 12, Chapter 21 of the Vail Town Code."
Section 1608.Design snow loads shall be determined in accordance with
Chapter 7 of ASCE7, and design roof loads shall be not less than that
determined by Section 1608.2.
Section 1608.2: Section 1608.2 is amended to read as follows: "1608.2
Ground and roof snow loads. The ground snow loads to be used in
determining the design snow loads shall be 142 pounds per sq/ft. Designs
for roof snow loads shall be as follows:
1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound
per square foot snow load.
2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound
per square foot snow load.
There is no allowance for pitch reduction nor is there a requirement to
increase surcharge loading due to snow drifting or type of roof covering.
Snow loads for decks and exterior balconies shall be as required for roofs."
Section 1612.3: Section 1612.3 is amended to read as follows: "1612.3
Establishment of flood hazard areas. The Town has adopted a flood hazard
map including areas of special flood hazard as identified by FEMA in the
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report entitled 'The Flood Insurance Study for The Town of Vail' dated
December 2007, as amended, with the accompanying Flood Insurance
Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and
related supporting data. The flood hazard map and supporting data are
hereby adopted by reference."
Section 2111.1: Section 2111.1 is amended to read as follows: "2111.1
General. The construction of masonry fireplaces, consisting of concrete or
masonry, shall be in accordance with this section and Title 5, Chapter 3 of
the Vail Town Code."
Section 2902.2: Section 2902.2 is amended to read as follows: "2902.2
Separate facilities. Separate facilities are not required in structures or
tenant spaces with a total occupant load, including both employees and
customers, of 30 or fewer."
Section 2902.2: Exception 4 is deleted.
Section 3107.1: Section 3107.1 is amended to read as follows: "3107.1
General.Signs shall be designed, constructed and maintained in
accordance with this code and Title 11 of the Vail Town Code."
Section 3109: Section 3109 is amended to read as follows: "Section 3109
Swimming Pool Enclosures and Safety Devices.
3109.1 General. The design and construction of swimming pools, spas and
hot tubs shall comply with the requirements of Sections 3109.2 through
3109.5, other applicable sections of this code, and the Colorado
Department of Public Health and Environment (CDPHE) Water Quality
Control Division standard 5 CCR 1003-5. Where spas or hot tubs are
equipped with a lockable safety cover complying with ASTM F1346 and
swimming pools are equipped with a powered safety cover that complies
with ASTM F1346, the areas where those spas, hot tubs or pools are
located shall be exempt from Sections 3109.2-3109.6.
3109.2 Public and semi-public swimming pools. Public and semi-public
swimming pools shall be completely enclosed by a fence not less than 60
inches (1,524 mm) in height and shall with Sections 3109.4 through 3109.6.
3109.4 Private swimming pools. Private swimming pools shall be
completely enclosed by a barrier not less than 48 inches (1,524 mm) in
height and shall comply with Sections 3109.4-3109.6.
3109.4 Barriers. The vertical clearance between grade and the bottom of
the barrier shall be not greater than 2 inches (51 mm) measured on the side
of the barrier that faces away from the swimming pool. Where the top of
the pool structure is above grade, the barrier is authorized to be at ground
level or mounted on top of the pool structure, and the vertical clearance
between the top of the pool structure and the bottom of the barrier shall be
not greater than 4 inches (102 mm).
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3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4-
inch-diameter (102 mm) sphere.
3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings
shall not contain indentations or protrusions, except for normal construction
tolerances and tooled masonry joints.
3109.4.3 Closely spaced horizontal members. Where the barrier is
composed of horizontal and vertical members and the distance between the
tops of the horizontal members is less than 45 inches (1,143 mm), the
horizontal members shall be located on the swimming pool side of the
fence. Spacing between vertical members shall be not greater than 1.75
inches (44 mm) in width. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall be not greater than 1.75 inches
(44 mm) in width.
3109.4.4 Widely spaced horizontal members.Where the barrier is
composed of horizontal and vertical members and the distance between the
tops of the horizontal members is 45 inches (1,143 mm) or more, spacing
between vertical members shall be not greater than 4 inches (102 mm).
Where there are decorative cutouts within vertical members, spacing within
the cutouts shall be not greater than 1.75 inches (44 mm) in width.
3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be
not greater than a 2.25-inch square (57 mm square) unless the fence is
provided with slats fastened at the top or the bottom that reduce the
openings to not more than 1.75 inches (44 mm).
3109.4.6 Diagonal members. Where the barrier is composed of diagonal
members, the opening formed by the diagonal members shall be not greater
than 1.75 inches (44 mm).
3109.4.7 Clear zone. Where any equipment, including pool equipment, are
on the same lot as a pool or spa and such equipment is located outside of
the barrier protecting the pool or spa, such equipment shall be located not
less than 36 inches (914 mm) from the outside of the barrier.
3109.4.8 Doors and gates. Access doors or gates shall be equipped to
accommodate a locking device. Pedestrian access doors or gates shall
open outward away from the pool and shall be self-closing and have a self-
latching device. If the release mechanism of the self-latching device is
located less than 54 inches (1,372 mm) from the bottom of the door or gate,
the release mechanism shall be located on the pool side of the door or gate
3 inches (76 mm) or more, below the top of the door or gate, and the door
or gate and barrier shall be without openings greater than ½ inch (12.7 mm)
within 18 inches (457 mm) of the release mechanism.
3109.4.9 Structure wall as a barrier. Where a wall of a structure serves as
part of the barrier, one of the following shall apply:
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1. Doors, gates and operable windows with direct access to the pool
through that wall shall be equipped with an alarm that produces an audible
warning when the door or its screen, if present, are opened. The alarm shall
be listed and labeled in accordance with UL 2017. In dwellings not required
to be accessible units, Type A units or Type B units, the alarm deactivation
switch shall be located not higher than 54 inches (1,372 mm) and not less
than 48 inches (1,219 mm) above the finished floor. In dwellings required
to be Accessible units, Type A units or Type B units, the deactivation switch
shall be located not higher than 54 inches (1,372 mm) and not less than 48
inches (1,219 mm) above the finished floor.
2. A safety cover that is listed and labeled in accordance with ASTM F1346
is installed for the pools and spas.
3. An approved means of protection, such as self-closing doors with self-
latching devices, that provides a degree of protection that is not less than
the protection afforded by Item 1 or 2.
3109.4.10 Pool structure as barrier. Where an above-ground pool structure
is used as a barrier or where the barrier is mounted on top of the pool
structure, and the means of access is a ladder or steps, then the ladder or
steps either shall be capable of being secured, locked or removed to
prevent access, or the ladder or steps shall be surrounded by a barrier that
meets the requirements of Sections 3109.4.1-3109.4.8. Where the ladder
or steps are secured, locked or removed, any opening created shall not
allow the passage of a 4-inch-diameter (102 mm) sphere.
3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools
shall not be required to comply with Section 3109.4.9.
3109.6 Prohibited locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used to climb
the barriers.
3109.7 Entrapment avoidance.Suction outlets shall be designed and
installed in accordance with ANSI/APSP-7."
§ 10-1-3. AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL
CODE.
The following amendments are hereby made to the International Residential
Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Residential Code."
Section R105.2: Section R105.2, Item 10 in the building portion, is
amended to read as follows: "10. Decks not exceeding 200 sq/ft (18.6 m
2)
in area, not more than 30 inches (762 mm) above grade at any point, and
not serving the exit door required by Section R311.4."
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Section R109.1.5: Section R109.1.5 is amended to read as follows:
"R109.1.5 Other inspections. In addition to inspections in Sections
R109.1.1-R109.1.4, the building official is authorized to make or require
other inspections of any construction work to ascertain compliance with this
code and any other Town code, standard, requirement or regulation."
Table R301.2: Table R301.2 is amended to read as follows:
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM ICE BARRIER
UNDER-
LAMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speed
(mph)d
Topo-
graphical
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem
Weatheringa Frost
line
deptb
Termitec
140 115 NO NO NO B SEVERE 48"None to
Slight
YES, 100%-2500 37.4%
MANUAL J DESIGN CRITERIAn
Elevation Altitude
correction
factore
Coincident wet
bulb
Indoor winter
design relative
humidity
Indoor winter
design dry-bulb
temperature
Outdoor winter
design dry-bulb
temperature
Heating
temperature
difference
8150'.745 54º30%70º-5º75º
Latitude Daily Range Indoor summer
design relative
humidity
Summer design
gains
Indoor summer
design dry-bulb
temperature
Outdoor summer
design dry-bulb
temperature
Cooling
temperature
difference
39.64ºN H 50%-33 to -53 75º82º7º
Section R301.2.3: Section R301.2.3 is amended to read as follows:
"R301.2.3 Ground and roof snow loads. The ground snow loads to be used
in determining design snow loads shall be 142 pounds per sq/ft. Designs
for roof snow loads shall be as follows:
1. Roof pitches of less than 4:12 shall be designed to carry 100 pounds per
sq/ft.
2. Roof pitches of 4:12 and greater shall be designed to carry 80 pounds
per sq/ft.
All buildings and structures shall be designed in accordance with accepted
engineering practice. Snow loads for decks and exterior balconies shall be
as required for roofs."
Section R309.1: Section R309.1 is amended to read as follows:
"Exception: An automatic sprinkler system is required when a Level 3
alteration, as classified by the Vail Existing Building Code, occurs to a
townhouse unit that is 3,600 sq/ft or greater, including attached garages or
when additional sq/ft is added to a townhouse that would increase the total
floor area of an individual townhouse unit to 3,600 sq/ft or greater. Existing
townhouses that are 3,600 sq/ft or more may add up to 100 sq/ft of floor
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area without triggering the sprinkler retrofit requirement. This exemption
may only be taken once and does not include a detached garage."
Section R309.1.1: Section R309.1.1 is amended to read as follows:
"R309.1.1 Design and installation. Automatic residential fire sprinkler
systems for townhouses shall be designed and installed in accordance with
NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency
Services fire sprinkler installation standards."
Section R309.2: R309.2 is amended to read as follows: "Exception: An
automatic sprinkler system is required when a Level 3 alteration, as
classified by the Vail Existing Building Code, occurs to a 1- or 2-family
dwelling that is 3,600 sq/ft or greater, including attached garages or when
additional sq/ft is added to a 1- or 2-family dwelling that would increase the
total floor area of an individual 1- or 2-family dwelling unit to 3,600 sq/ft or
greater.Existing 1- or 2-family dwellings of 3,600 sq/ft or greater may add
up to 100 sq/ft of floor area without triggering the sprinkler retrofit
requirement. This exemption may only be taken once. This does not
include a detached garage. For purposes of this Section, a 2-family
dwelling shall be considered 2 separate structures."
Section R309.2.1: Section R309.2.1 is amended to read as follows:
"R309.2.1 Design and installation. Automatic residential fire sprinkler
systems shall be designed and installed in accordance with NFPA 13D,
NFPA 13R and NFPA 13 standards and Vail Fire and Emergency Services
fire sprinkler installation standards."
Section R311.2: Section R311.2 is amended to read as follows: "R311.2.1
Where required. Carbon monoxide alarms shall be provided in accordance
with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency
Services alarm installation standards."
Section R311.2.1: Section R311.2.1 is amended to read as follows:
"R311.2.1 New construction. For new construction, carbon monoxide
alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. §
38-45-101 and Vail Fire and Emergency Services alarm installation
standards."
Section R311.3: Section R311.3 is amended with the addition of the
following text: "In addition to the above locations, carbon monoxide alarms
shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-
101 and Vail Fire and Emergency Services alarm installation standards."
Section R311.7: Section R311.7 is amended to read as follows: "R311.7
Carbon monoxide detection systems. Carbon monoxide detection systems
shall be permitted to be used in lieu of carbon monoxide alarms and shall
comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and
Emergency Services alarm installation standards."
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Section R311.7.2: Section R311.7.2 is amended to read as follows:
"R311.7.2 Location. Carbon monoxide detectors shall be installed in
accordance with Section R315.3."
Section R318.7.12: Section R318.7.12 is amended to read as follows:
"Exception: Alternating tread devices are allowed to be used as an element
of a means of egress for lofts, mezzanines and similar areas of 200 gross
sq/ft (18.6 m2) or less where an emergency escape and rescue opening is
provided for the area served and such devices do not provide exclusive
access to a kitchen or bathroom."
Section R318.13: Section R318.13 is amended to read as follows:
"Exception: Ships ladders are allowed to be used as an element of a means
of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6m
2)
or less where an emergency escape and rescue opening is provided for the
area served and such devices do not provide exclusive access to a kitchen
or bathroom."
Section R328.1: Section R328.1 is amended to read as follows: "R328.1
General. The design and construction of pools and spas shall comply with
Section 3109 of the Vail Building Code."
Section R331.2: Section R331.2 is amended to read as follows: "R 331.2
Installation. The installation of stationary engine generators shall be in an
approved location and in accordance with the listing, the manufacturer's
installation instructions and NFPA 70."
Section R507.2.4.1: Section R507.2.4.1 is amended by the addition of the
following exception: "Exception: An approved flashing detail in accordance
with Section R507.2.4.1 that prevents moisture and water accumulation on
member surfaces and joints may be utilized in-lieu of preservative-treated
materials."
Section R902.1: Section R902.1 is amended to read as follows: "R902.1
Roofing assemblies. All roof assemblies and roof coverings shall be Class
A. Wood shakes and shingles are prohibited unless exempted for
replacement or repair as defined below. Where the roof profile allows space
between the roof covering and the roof decking at the eave ends, the
spaces shall be constructed to prevent intrusion of flames and embers or
have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap
sheet complying with ASTM D3909 installed over the combustible decking."
Section R902.1.1: Section R902.1 is added to read as follows: "R902.1
Replacement or Repair. Each structure with a nonconforming roof covering
or roof assembly shall be allowed 1 replacement or repair of 25% or less of
the roof area. Replacement or repair in excess of 25% or a second
replacement or repair of the roof covering, or roof assembly shall trigger
replacement of the nonconforming covering or assembly in its entirety.
Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule.
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For purposes of this section, a 2-family dwelling shall be considered 2
separate structures. Exception: Metal and concrete roofing systems."
Section R902.2 is deleted.
Section R903.5: Section R903.5 is added to read as follows: "R903.5
Snow retention devices. New roof assemblies shall be designed to prevent
accumulations of snow from shedding onto areas directly above or in front
of utility meters and adjacent properties. The design of snow retention
devices shall be provided by a registered design professional or as
determined by the building official. Exception: Roof areas with a horizontal
projection of less than 48 inches that will not receive snow shedding from a
higher roof. The horizontal projection shall be measured perpendicular to
the exterior wall line from the edge of the roof or eave to the intersecting
wall surface."
Section R905.1.2: Section R905.1.2 is amended to read as follows:
"R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types,
metal roof panels and mineral-surfaced roll roofing. The ice barrier shall
consist of not less than 2 layers of underlayment cemented together, or a
self-adhering polymer modified bitumen sheet shall be used in place of
normal underlayment. The ice barrier shall completely cover all roof
surfaces. Exception: Detached accessory structures that do not contain
conditioned floor area."
Sections R905.7 and R905.8 are deleted.
Section R1001.1: Section R1001.1 is amended to read as follows:
"R1001.1 General. Masonry fireplaces shall be constructed in accordance
with this Section, the applicable provisions of Chapters 3 and 4 of this code,
and with Title 5, Chapter 3 of the Vail Town Code."
Chapters 11-43 are deleted and replaced with the corresponding
provisions of International Codes and National Electric Code.
§ 10-1-4. AMENDMENTS TO THE INTERNATIONAL FIRE CODE.
The following amendments are hereby made to the International Fire Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the 'Vail Fire Code'."
Section 202: The following definitions are amended to read as follows:
FALSE ALARM. See Title 4 of the Vail Town Code.
FIREWORKS. Any combustible or explosive composition, article, device,
substance or combination of substances, prepared for the primary purpose
of producing a visual or auditory sensation by combustion, explosion,
deflagration or detonation, including without limitation the following articles
and devices commonly known and used as fireworks: sparklers, cold
sparks, toy cannons or toy canes in which explosives are used to propel the
same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, daygo
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bombs, torches, bottle rockets, or other devices of like construction and any
devices containing any explosive or flammable compound, or any tablets or
device containing any explosive substances; and any composition or device
for the purpose of producing a visible or an audible effect for entertainment
purposes by combustion, deflagration or detonation that meets the
definition of 1.3G fireworks or 1.4G fireworks.
PORTABLE OUTDOOR FIREPLACE.A portable, outdoor, solid-fuel
burning fireplace that may be constructed of steel, concrete, clay or other
non-combustible material and equipped with a screen or other approved
spark arrestor, of open design or equipped with a small hearth opening and
a short chimney or chimney opening in the top.
Section 307.1.1: Section 307.1.1 is amended to read as follows: "307.1.1
Prohibited open burning. The following burning activities are prohibited:
1. Open burning.
2. Bonfires.
3. Recreational fires.
4. The burning of any materials when a National Weather Service Red Flag
Warning is activated.
5. The burning of any materials when Stage 2 or 3 fire restrictions are in
place.
6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions
are in place.
Exceptions:
1. Burning conducted for training purposes by Vail Fire and Emergency
Services.
2. If the burning is a smokeless flare or safety flare used to indicate danger
to the public.
3. Open burning conducted pursuant to a permit issued by the fire code
official upon written application, if the fire code official determines that such
burning will be performed without hazard to the public health, safety or
welfare.
4. Prescribed burning for the purpose of reducing the impact of wildland fire
when authorized by the fire code official.
5. The use of propane or natural gas appliances equipped with automatic
shut-off controls."
Section 307.3: Section 307.3 is amended to read as follows: "307.3
Extinguishment authority. Where any open burning, permitted or otherwise
(including the use of a portable outdoor fireplace), creates or adds to a
hazardous situation or creates a nuisance or health risk due to smoke or
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other products of combustion, the fire shall be ordered to be extinguished
by Vail Fire and Emergency Services or Vail Police Department."
Sections 307.4.1 and 307.4.2 are deleted.
Section 308.1.7: Section 308.1.7 is amended to read as follows: "308.1.7
Sky lanterns. The use of sky lanterns is prohibited."
Section 308.1.11: Section 308.1.11 is amended to read as follows:
"308.1.11 Open-flame cooking devices. Charcoal burners and other open-
flame cooking devices shall not be operated on combustible balconies or
within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. 1- and 2-family dwellings.
2. Where buildings, balconies and decks are protected by an automatic
sprinkler system."
3. LP-gas cooking devices having LP-gas container with a water capacity
not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity.
4. Natural gas cooking devices having a 60-minute automatic shut-off timer.
5. Where approved by the fire code official."
Section 503.6: Section 503.6 is amended to read as follows: "503.6
Security gates. The installation of security gates across a fire apparatus
access road or driveway shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of
emergency operation. The security gates and the emergency operation
shall be maintained operational at all times. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for
automatic operation shall be designed, constructed and installed to comply
with the requirements of ASTM F2200."
Section 603.4: Section 603.4 is amended to read as follows: "603.4
Working space and clearances. Working space around electrical
equipment shall be provided in accordance with Section 110.26 of NFPA 70
for electrical equipment rated 1,000 volts or less, and Section 110.32 of
NFPA 70 for electrical equipment rated over 1,000 volts. The minimum
required working space shall be not less than 30 inches (762 mm) in width,
36 inches (914 mm) in depth and 78 inches (1981 mm) in height in front of
electrical service equipment. Where the electrical service equipment is
wider than 30 inches (762 mm), the minimum working space shall be not
less than the width of the equipment. Storage of materials shall not be
located within the designated working space. The fire code official is
authorized to require electric meters, rapid shut-down switches, and other
main electrical disconnects to be located on the structure's non-shed or
gable end side to protect from snow and ice shedding. When ice or snow
buildup is likely to occur above the electric meter, rapid shut-down, and
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other main electrical disconnects, other approved protection shall be
required. The fire code official is authorized to require a maintenance plan
for vegetation, snow, and ice removal due to the safety of the equipment
and firefighter access challenges."
Section 605.8: Section 605.8 is amended to read as follows: "605.8 Gas
meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or
otherwise protected in an approved manner. Gas meters shall be located
on the structure's non-shed or gable end side to protect from snow and ice
shedding. When ice or snow buildup is likely to occur above the gas meter,
other approved protection shall be required. Snow and ice build-up around
gas and other utility meters shall be kept clear and maintained at all times.
The fire code official is authorized to require a maintenance plan for
vegetation, snow, and ice removal due to the safety of the equipment and
firefighter access challenges."
Section 903.3.1.1: Section 903.3.1.1 is amended to read as follows:
"903.2.1.1 NFPA 13 sprinkler systems. Where the provisions of this code
require that a building or portion thereof be equipped throughout with an
automatic sprinkler system in accordance with this section, sprinklers shall
be installed throughout in accordance with NFPA 13 and Vail Fire and
Emergency Services fire sprinkler installation standards except as provided
in Sections 903.3.1.1.1-903.3.1.1.3."
Section 903.3.1.2: Section 903.3.1.2 is amended to read as follows:
"903.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in
Group R occupancies shall be permitted to be installed throughout in
accordance with NFPA 13R and Vail Fire and Emergency Services fire
sprinkler installation standards where the Group R occupancy meets all of
the following conditions:
1. 4 stories or less above grade plane.
2. For other than Group R-2 occupancies, the floor level of the highest story
is 30 feet (9,144 mm) or less above the lowest level of fire department
vehicle access. For Group R-2 occupancies, the roof assembly is less than
45 feet (13,716 mm) above the lowest level of fire department vehicle
access. The height of the roof assembly shall be determined by measuring
the distance from the lowest required fire vehicle access road surface
adjacent to the building to the eave of the highest pitched roof, the
intersection of the highest roof to the exterior wall, or the top of the highest
parapet, whichever yields the greatest distance.
3. The floor level of the lowest story is 30 feet (9,144 mm) or less below the
lowest level of fire department vehicle access.
The number of stories of Group R occupancies constructed in accordance
with Sections 510.2 and 510.4 of the International Building Code shall be
measured from grade plane."
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Section 903.3.1.3: Section 903.3.1.3 is amended to read as follows:
"903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that
are installed in 1- and 2-family dwellings and townhouses shall be installed
in accordance with NFPA 13D and Vail Fire and Emergency Services
installation standards."
Section 903.4: Section 903.4 is amended to read as follows: "903.4
Sprinkler system supervision and alarms. Automatic sprinkler systems
supervision and alarms shall comply with Section 903.4.1."
Section 903.4.1: Section 903.4.1 is amended by the deletion of all
exceptions.
Section 907.2: Section 907.2 is amended to read as follows: "907.2 Where
required – new buildings and structures. An approved fire alarm system
installed in accordance with the provisions of this code, NFPA 72 and Vail
Fire and Emergency Services installation standards shall be provided in
new buildings, structures, 1- and 2-family dwellings and townhouses in
accordance with Sections 907.2.1-907.2.23 and provide occupant
notification in accordance with Section 907.5, unless other requirements are
provided by another section of this code. Not fewer than 1 manual fire alarm
box shall be provided in an approved location to initiate a fire alarm signal
for fire alarm systems employing automatic fire detectors or waterflow
detection devices. Where other sections of this code allow elimination of
fire alarm boxes due to sprinklers, a single fire alarm box shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems
dedicated to elevator recall control and supervisory service.
2. The manual fire alarm box is not required for Group R-2 occupancies
unless required by the fire code official to provide a means for fire watch
personnel to initiate an alarm during a sprinkler system impairment event.
Where provided, the manual fire alarm box shall not be located in an area
that is open to the public.
3. The manual fire alarm box is not required for fire alarm systems
dedicated to 1- and 2-family dwellings and townhouses."
Section 907.2.11.2: Section 907.2.11.2 is amended to read as follows:
"907.2.11.2 Groups R-2, R-3, R-4, I-2. Single or multiple-station smoke
alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and
all residential properties that are available for rent or lease, regardless of
occupant load, at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
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3. In each story within a dwelling unit, including basements but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with
split levels and without an intervening door between the adjacent levels, a
smoke alarm installed on the upper level shall suffice for the adjacent lower
level provided that the lower level is less than 1 full story below the upper
level."
Section 1004.1: Section 1004.1 is amended to read as follows: "1004.1
Design occupant load. In determining means of egress requirements, the
number of occupants for whom means of egress facilities are provided shall
be determined in accordance with this section.
Exceptions: Short-term rentals. Any property operating as a short-term
rental pursuant to Chapter 14 of Title 4 of the Vail Town Code shall have
means of egress facilities requirements designated based on 2 occupants
per room plus an additional 2 occupants per residence. There shall be an
additional exception available for short-term rentals with multiple means of
egress per room, subject to the fire code official or designee's specific
approval."
Section 1207.11.3:Section 1207.11.3 is amended to read as follows:
"1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and
sleeping units in accordance with Section 406.3.2 of the International
Building Code.
3. Outdoors or on the exterior side of exterior walls located a minimum of
3 feet (914 mm) from doors and windows directly entering the dwelling unit,
except where smaller separation distances are permitted by the UL 9540
listing and manufacturer's installation instructions.
ESS shall not be installed in sleeping rooms, means of egress, or in closets
or spaces opening directly into sleeping rooms. (Material based on NFPA
855 2023 Ed.)"
§ 10-1-5. AMENDMENTS TO THE INTERNATIONAL ENERGY
CONSERVATION CODE.
The following amendments are hereby made to the International Energy
Conservation Code:
Section C101.1: Section C101.1 is amended to read as follows: "C101.1
Title. These regulations shall be known as the Vail Commercial Energy
Code."
Section C202: Section C202 is amended by the addition of the following
definitions:
ALL-ELECTRIC BUILDING. A building and building site that contains no
combustion equipment, or plumbing for combustion equipment, and that
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uses heat pump technology as the primary supply for heating, cooling, and
service water heating loads.
COMBUSTION EQUIPMENT. Any equipment or appliances used for space
heating, cooling, water heating (including pools and spas), cooking, clothes
drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil.
EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle
(EV) with the electrical panel capacity and conduit installed to support future
implementation of EV charging with a 208/240-volt (or greater), 40-ampere
(or greater) circuit, and a dedicated, labeled space in the electrical panel.
EV-INSTALLED PARKING SPACE. A parking space for an EV that has the
EV supply equipment (EVSE) fully installed from the electrical panel to the
parking space, including charging equipment.
MIXED-FUEL BUILDING. A building and building site that contains
combustion equipment, or plumbing for combustion equipment.
Section C405.14: Section C405.14 is added as follows: "C405.13 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table C405.13. Exception: A request for a
reduction in the number of required EV installed parking spaces can be
made if DC fast charging stations are installed to fulfill the requirements of
this subsection. An EV parking study shall be submitted to support the
request and based on the findings of the analysis or study, the building
official is authorized to approve a reduction in the number of required EV-
installed parking spaces."
Section C406.1: Section C 406.1 is amended to read as follows: "C406.1
Additional energy efficiency credit requirements. New all-electric buildings
shall achieve a total of 10 credits and new mixed-fuel buildings shall achieve
a total of 20 credits from Tables C406.1(1) through C406.1(5) where the
table is selected based on the use group of the building and from credit
calculations as specified in relevant subsections of C406."
Table C406.1(2): Table C406.1(2) is amended in part to read as follows:
TABLE C406.1(2)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
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C406.7.3: Efficient fossil
fuel water heater b
3
C406.7.4: Heat pump
water heater b
9
Table C406.1(3): Table C406.1(3) is amended in part to read as follows:
TABLE C406.1(3)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
C406.7.3: Efficient fossil
fuel water heater a
1
C406.7.4: Heat pump
water heater a
3
a. For schools with showers or full-service kitchens.
Table C406.1(5): Table C406.1(5) is amended in part to read as follows:
TABLE C406.1(5)
ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa
OCCUPANCIES
SECTION CLIM
ATE
ZONE
6B
C406.7.3: Efficient fossil
fuel water heater b
3
C406.7.4: Heat pump
water heater b
9
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a. Other occupancies include all groups except Groups B, E, I, M, and R.
b. For occupancy groups listed in Section 406.7.1
Section C410.1: Section C401.1 is added to read as follows: "C410.1 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table C405.13.
Exception: A request for a reduction in the number of required EV installed
parking spaces can be made if DC fast charging stations are installed to
fulfill the requirements of this subsection. An EV parking study shall be
submitted to support the request and based on the findings of the analysis
or study, the building official is authorized to approve a reduction in the
number of required EV-installed parking spaces."
Table C410.1: Table C410.1 is added as follows:
"TABLE C410.1 EV PARKING SPACES
a
Property Type Space Requirements
All commercial properties (incl.
multi-family developments)
5% EV-installed parking spaces +
50% EV-capable parking
spaces
a. These provisions are for new construction only."
Section R101.1: Section R101.1 is amended to read as follows: "R101.1
Title. These regulations shall be known as the Vail Residential Energy
Code."
Section R202: Section R202 is amended by the addition of the following
definitions:
ALL-ELECTRIC BUILDING. A building and building site that contains no
combustion equipment, or plumbing for combustion equipment, and that
uses heat pump technology as the primary supply for heating, cooling, and
service water heating loads.
COMBUSTION EQUIPMENT. Any equipment or appliances used for space
heating, cooling, water heating (including pools and spas), cooking, clothes
drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil.
EV-CAPABLE PARKING SPACE. An EV parking space with the electrical
panel capacity and conduit installed to support future implementation of EV
charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and
a dedicated, labeled space in the electrical panel.
MIXED-FUEL BUILDING.A building and building site that contains
combustion equipment or plumbing for combustion equipment.
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SOLAR-READY ZONE. A section of the roof or building overhang
designated and reserved for the future installation of a solar photovoltaic or
solar thermal system.
Section R401.2.5: Section R401.2.5 is amended to read as follows:
"R401.2.5 Additional energy efficiency. This section establishes additional
requirements applicable to all compliance approaches to achieve additional
energy efficiency.
1. For buildings complying with Section R401.2.1, the building shall meet
one of the following:
1.1. For all-electric buildings, one of the additional efficiency package
options shall be installed according to Section R408.2.
2.2. For mixed-fuel buildings, three of the additional efficiency packages
shall be installed, at least one of which addresses the envelope."
Table R402.1.3: Table R402.1.3 is amended by deleting footnote g.
Section R403.7: Section R403.7 is amended to read as follows: "R403.7
Equipment sizing and efficiency rating. Heating and cooling equipment
shall be sized in accordance with ACCA Manual S based on building loads
calculated in accordance with ACCA Manual J or other heating and cooling
calculation methodologies. All new heating and cooling equipment shall
have an efficiency rating of 92% AFUE or better.Exception: The
replacement, alteration or repair of an existing system."
Section R403.14: Section R403.14 is added to read as follows: "R403.14
Gas fireplaces. Gas fueled fireplaces, fire pits and other outdoor fireplaces
and appliances require automatic shut-off controls with a maximum 60-
minute timer."
Section R403.15: Section R403.15 is added as follows: "R403.15 Solar-
ready zone. New 1- and 2-family dwellings and townhouses with not less
than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and
270 degrees of true north, shall comply with Sections R403.14.1-R403.7.
Exceptions:
1. A new residential building with a permanently installed on-site renewable
energy system.
2. A building where all areas of the roof that would otherwise meet the
requirements of Section R403.14 are in full or partial shade for more than
70% of daylight hours annually.
R403.15.1. Construction documents shall indicate the solar-ready zone.
R403.15.2 Solar-ready zone. The solar-ready zone shall be not less than
300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as
required by the Vail Fire Code. New townhouses of 3 stories or less in
height above grade plane and with a total floor area less than or equal to
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2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of
not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed
of areas not less than 5 feet (1,524 mm) in width and not less than 80 sq/ft
(7.44 m2) exclusive of access or set-back areas as required by the Vail Fire
Code.
R403.15.3 Obstructions. Solar-ready zones shall be free from obstructions,
including without limitation vents, chimneys, and other roof-mounted
equipment.
R403.15.4 Capped roof penetration sleeve. A capped roof penetration
sleeve shall be provided adjacent to all solar-ready zones located on roofs.
The capped roof penetration sleeve shall be sized to accommodate the
future photovoltaic system conduit and shall have an inside diameter of not
less than 1.5 inches (38 mm).
R403.15.5 Roof load documentation. The structural design loads for roof
dead load and roof live load shall be clearly indicated on the construction
documents.
R403.15.6 Interconnection pathway. Construction documents shall indicate
pathways for routing of conduit or plumbing from the solar-ready zone to the
electrical service panel or service hot water system.
R403.15.7 Electrical service reserved space. The main electrical service
panel shall have a reserved space to allow installation of a dual pole circuit
breaker for future solar electric installation and shall be labeled 'For Future
Solar Electric'. The reserved space shall be positioned at the opposite
(load) end from the input feeder location or main circuit location.
R403.15.8 Certificate. A permanent certificate, indicating the solar-ready
zone and other requirements of this Section, shall be posted near the
electrical distribution panel, water heater or other conspicuous location by
the builder or registered design professional."
Section R404.5: Section R404.5 is added as follows: "R404.5 EV
charging. EV charging capabilities and required parking spaces shall be
determined according to Table R404.5."
Table R404.5: Table R404.5 is added as follows:
"TABLE R404.5 EV PARKING SPACES
a
Property Type Space Requirements
1- and 2-family dwellings,
townhouses
1 EV-capable space per dwelling
a. These provisions are for new construction only."
Section R404.6: Section R404.6 is added as follows:
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"R404.6 Electric readiness. Systems using gas or propane to serve
individual dwelling units shall comply with R404.6.1 and R404.6.2.
R404.6.1 Receptacle required. A dedicated electrical receptacle connected
to the electric panel with an appropriately sized branch circuit shall be
provided within 36 inches (914 mm) of each gas or propane water heater,
clothes dryer, and conventional cooking appliance.
R404.6.2 Receptacle identification. The branch circuits within the electric
panel serving the future electric appliances shall be appropriately labeled
for their intended use."
§ 10-1-6. AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE.
The Town hereby adopts, by reference, all amendments to the International
Plumbing Code adopted by the State of Colorado and referred to as the
Colorado Plumbing Code, in addition to the following amendments:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Plumbing Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Section 305.4.1: Section 305.4.1 is amended to read as follows: "305.4.1
Sewer depth. Per Eagle River Water and Sanitation District (ERWSD)
standards, building sewers shall be installed not less than 54 inches (1,372
mm) below grade."
Section 903.1: Section 903.1 is amended to read as follows: "903.1 Roof
extension unprotected. Open vent pipes that extend through a roof shall be
terminated not less than 16 inches (406 mm) above the roof."
Section 903.2: Section 903.2 is amended to read as follows: "903.2 Frost
closure. Vent extensions through a roof or wall shall be not less than 3
inches (76 mm) in diameter. Any increase in size of the vent shall be made
not less than 1 foot (305 mm) inside the thermal envelope of the building."
§ 10-1-7 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE.
The Town hereby adopts, by reference, all amendments to the International
Fuel Gas Code adopted by the State of Colorado and referred to as the
Colorado Fuel Gas Code, in addition to the following amendments:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Fuel Gas Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
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the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Table 503.8: Table 503.8 is amended as follows:
A Clearance above finished grade level, veranda,
porch, deck, or balcony
36 inches
(All other values within the table are unchanged.)
§ 10-1-8. AMENDMENTS TO THE INTERNATIONAL MECHANICAL
CODE.
The following amendments are hereby made to the International
Mechanical Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title.
These regulations shall be known as the Vail Mechanical Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
this agency shall be the implementation, administration, and enforcement
of this code."
Section 115.4: Section 115.4 is deleted.
Section 401.4: Section 401.4 is amended by the addition of the following
text: "5. The bottom of intake openings shall be located not less than 36
inches (914 mm) above finished grade."
Section 701.3: Section 701.3 is added to read as follows:"701.3
Combustion air ducts. Combustion air ducts shall terminate to the outside
a minimum of 36 inches (914 mm) above finished grade."
Section 804.3.4: Section 804.3.4 is amended by the addition of the
following: "6. The bottom of the vent termination shall be located not less
than 36 inches (914 mm) above finished grade."
§ 10-1-9. AMENDMENTS TO THE INTERNATIONAL EXISTING
BUILDING CODE.
The following amendments are hereby made to the International Existing
Building Code:
Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title:
These regulations shall be known as the Vail Existing Building Code."
Section 103.1: Section 103.1 is amended to read as follows: "103.1
Creation of agency. The Town's Building Department is hereby created and
the official in charge shall be known as the building official. The function of
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this agency shall be the implementation, administration, and enforcement
of this code."
Section 101.4.2: Section 101.4.2 is amended to read as follows: "101.4.2
Buildings previously occupied. The legal occupancy of any building existing
on the date of adoption of this code shall be permitted to continue without
change, except as is specifically covered in this code, the Vail Fire Code, or
as deemed necessary by the code official for safety."
§ 10-1-10. AMENDMENTS TO THE NATIONAL ELECTRICAL CODE.
The Town hereby adopts, by reference, all amendments to the National
Electrical Code adopted by the State of Colorado and referred to as the
Colorado Electrical Code.
§ 10-1-11. AMENDMENTS TO THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS.
The following amendments are hereby made to the Uniform Code for the
Abatement of Dangerous Buildings:
Section 301: Section 301 is amended to read as follows, including the
addition of the following definitions: "Section 301 General. For the purpose
of this code, certain terms, phrases, words, and their derivatives shall be
construed as specified in this section or as specified in the Vail Building
Code.
BUILDING CODE is the International Building Code, as adopted and
amended by the Vail Building Code.
DANGEROUS BUILDING is any building or structure deemed to be
dangerous under Section 302 of this code."
§ 10-1-12. VIOLATION AND PENALTY.
(A)It is unlawful for any person to violate any provision of any code
adopted in this Chapter.
(B)Violations of this Chapter shall be subject to the penalties provided
in § 1-4-1 of this Code. Each day the violation continues shall constitute a
separate offense.In addition, the Town may maintain an action for
damages, declaratory relief, specific performance, injunction, or any other
appropriate relief for a violation of any provision of this Chapter.
§ 10-1-13. APPEALS.
(A)Appeal of Building Official or Fire Code Official actions:
(1)Authority: The Building and Fire Code Appeals Board (the
"Board") shall have the authority to hear and decide appeals from any order
or decision of the Building Official or Fire Code Official under this Chapter.
An appeal shall be based on a claim that the intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the provisions
of this Chapter do not fully apply, or an equivalent or better form of
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construction is proposed. The Board shall not have the authority to waive
any specific requirement of this Chapter.
(2)Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order or decision of the
Building Official or Fire Code Official under this Chapter. Failure to file a
timely appeal shall constitute a waiver of any rights under this Chapter to
appeal any order, decision, determination or interpretation by the Building
Official or Fire Code Official.
(3)Procedure:
(a)A written notice of appeal shall be filed with the Community
Development Department within fourteen (14) days of the decision
or order being appealed. Upon the filing of the appeal, the Building
Official shall gather and forward all records concerning the subject
matter of the appeal to the Board.
(b)The appeal shall be considered by the Board at its next
regularly scheduled meeting.
(c)The Board may affirm, reverse, or modify the action of the
Building Official or Fire Code Official, or schedule a hearing. Failure
of the Board to act within thirty (30) days of receipt of the appeal
information shall be deemed concurrence with the action of the
Building Official or Fire Code Official.
(d)If a hearing is deemed necessary, it shall be held within thirty
(30) days of the first consideration by the Board. Written notice shall
be sent to the appellant a minimum of seven (7) days prior to the
scheduled hearing. The Board may grant one continuance of the
hearing of up to thirty (30) days.
(e)On all appeals, the Board shall, make findings of fact based
on the evidence presented and issue a written order.
(B)Appeal of Board actions:
(1)Authority: The Town Council shall have the authority to hear
and decide appeals from any order of the Board.
(2)Initiation: An appeal may be initiated by any resident, property
owner, or contractor adversely affected by any order of the Board. Failure
to file a timely appeal shall constitute a waiver of any rights to appeal any
order of the Board.
(3)Decision: The Town Council may affirm, reverse, or modify
the order of the Board. The Town Council shall make findings of fact based
on the evidence presented.
(4)Final Decision: The decision of the Town Council shall be
final, subject only to judicial review by a court of competent jurisdiction
under C.R.C.P. 106(a)(4).
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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.
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 Vail 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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of October, 2024, and a
public hearing for second reading of this Ordinance set for the 15th day of October, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
The 6th day of November 2024.
Witness my hand and seal this 6th day of November 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 16
SERIES 2024
AN ORDINANCE AMENDING SECTION 7-3D-1(C) OF THE VAIL TOWN
CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN
DESIGNATED PARKING ZONES
WHEREAS, pursuant to C.R.S. § 42-4-111 and its Home Rule Charter, the Town
is empowered to regulate and restrict the stopping, standing or parking of vehicles within
its jurisdiction; and
WHEREAS, the Town Council finds and determines that increased penalties are
necessary for parking violations in certain designated parking zones.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1.Section 7-3D-1(C) of the Vail Town Code is hereby amended as
follows:
7-3D-1:PENALTIES:
***
(C)There shall be two a special enforcement zones area: surrounding
the Booth Lake Trailhead known as (1)the Booth Lake Trailhead Parking
Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth
Falls Court, and the 2800 – 3700 block of the North Frontage Road; and (2)
the South Frontage Road East Parking Zone, which shall include the South
Frontage Road East from Vail Road to West Vail Valley Drive and the 000-
300 block of the South Frontage Road East. Every person who is convicted
of, who admits liability for, or against whom a judgment is entered for a
parking violation in the Booth Lake Trailhead Parking Zone or the South
Frontage Road East Parking Zone shall be fined as follows:
First offense:$150 $100
Second similar offense within one year:$250 $200
Subsequent similar offenses within one
year:$350 $300
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 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 be declared invalid.
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Section 3. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. 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 November, 2024 and
a public hearing for second reading of this Ordinance is set for the 19th day
of November, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 19th day of November, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffmann, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO ) )
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on The
20th day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 16
SERIES 2024
AN ORDINANCE AMENDING SECTION 7-3D-1(C) OF THE VAIL TOWN
CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN
DESIGNATED PARKING ZONES
WHEREAS, pursuant to C.R.S. § 42-4-111 and its Home Rule Charter, the Town
is empowered to regulate and restrict the stopping, standing or parking of vehicles within
its jurisdiction; and
WHEREAS, the Town Council finds and determines that increased penalties are
necessary for parking violations in certain designated parking zones.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 7-3D-1(C) of the Vail Town Code is hereby amended as
follows:
7-3D-1: PENALTIES:
* * *
(C) There shall be two a special enforcement zones area: surrounding
the Booth Lake Trailhead known as (1)the Booth Lake Trailhead Parking
Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth
Falls Court, and the 2800 – 3700 block of the North Frontage Road; and (2)
the South Frontage Road East Parking Zone, which shall include the South
Frontage Road East from Vail Road to West Vail Valley Drive and the 000-
300 block of the South Frontage Road East. Every person who is convicted
of, who admits liability for, or against whom a judgment is entered for a
parking violation in the Booth Lake Trailhead Parking Zone or the South
Frontage Road East Parking Zone shall be fined as follows:
First offense:$150 $100
Second similar offense within one year:$250 $200
Subsequent similar offenses within one
year:$350 $300
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 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 be declared invalid.
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Section 3. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. 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 November, 2024 and
a public hearing for second reading of this Ordinance is set for the 19th day
of November, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 19th day of Novemver, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffmann, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17,
Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on The
20th day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 17
Series of 2024
AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE
REGARDING PEDESTRIAN MALL AREAS AND LOADING DOCKS IN
THE TOWN
WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of
the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in
the Town (the "Ordinance");
WHEREAS, the Ordinance created a coordinated delivery system to address
pedestrian safety, allow for better emergency vehicle access by reducing congestion, and
provide for the coordinated and efficient delivery of goods in pedestrian mall area; and
WHEREAS, the Town Council desires to amend the Ordinance to clarify the
requirements and separate loading dock permits from pedestrian mall access permits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-11-4 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§7-11-4: EXCEPTIONS.
In all pedestrian mall areas, the following vehicular traffic is permitted:
(A) Vehicles issued a permit by the Town in accordance with Chapter 12
of this Title;
(B) Public transportation vehicles operated by the Town;
(C) Emergency vehicles;
(D) Armored money vehicles;
(E) Waste and recycling collection vehicles;
(F) Vehicles entering or exiting a parking structure located within a
pedestrian mall area to access a business or residence when there is no
other means of vehicular access;
(G) Property owners and their guests actively loading or unloading when
there is no other means of vehicular access;
(H) Guests checking in or out of any accommodation establishment
located within a pedestrian mall area; and
(I) Vehicles that are inseparable from and necessary to an active repair
or maintenance service being performed within a pedestrian mall area.
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Section 2. Chapter 12 of Title 7 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
CHAPTER 12
PEDESTRIAN MALL VEHICULAR ACCESS PERMITS
§7-12-1:PURPOSE.
The purpose of this Chapter is to increase the safety of pedestrian traffic,
reduce environmental impacts, allow for better emergency vehicle access
by reducing congestion, and provide for a coordinated permitting process
for certain low-impact vehicles to access pedestrian mall areas in
accordance with Section 7-11-4(A).
§7-12-2: PEDESTRIAN MALL AREAS.
Pedestrian mall areas shall be those areas designated as a pedestrian mall
by Chapter 11 of this Title.
§7-12-3: ACCESS PERMIT REQUIRED.
(A)An access permit shall be required for all vehicles seeking access to
a pedestrian mall area except for those vehicles exempted by Section 7-11-
4(B) – (I).
(B) The Vail Police Department shall issue a pedestrian mall permit only
when the final destination of the goods to be delivered is in a pedestrian
mall area and the size and weight of the goods make delivery impractical
by any other means as determined by the Vail Police Department.
§7-12-4: VIOLATION AND PENALTY.
(A)Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2) Civil violations shall be subject to the following fines and
penalties:
(a) First violation in any twelve (12) month period: $500.
(b) Second violation in any twelve (12) month period: $1,500.
(c) Third and subsequent violations in any twelve (12) month
period: $2,500.
(3) All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
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challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4) If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(C) Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(D) Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance and injunctive relief.
Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of
a new Chapter 13 to read as follows:
CHAPTER 13
LOADING DOCK PERMITS
§7-13-1:PURPOSE.
The purpose of this Chapter is to allow for the efficient use of loading docks
in the Town through a coordinated permitting system.
§7-13-2: LOADING DOCK PERMIT REQUIRED.
(A)A loading dock permit shall be required for any person or business
seeking access to a loading dock in the Town.
(B)An application for a loading dock permit shall be submitted to the Vail
Police Department, on forms provided by the Vail Police Department.
Permits shall be issued when the application conforms with all requirements
of this Code including payment of the applicable permit fee.
§7-13-3: PERMIT FEES.
Permit fees shall be set forth in the fee schedule adopted by resolution of
the Town Council. Permit fees shall be calculated on an annual basis
beginning in October of each year and shall be prorated on a monthly basis.
§7-13-4: VIOLATION AND PENALTY.
(A)Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
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personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2) Civil violations shall be subject to the following fines and
penalties:
(a) First violation in any twelve (12) month period: $500.
(b) Second violation in any twelve (12) month period: $1,500.
(c) Third and subsequent violations in any twelve (12) month
period: $2,500.
(3) All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4) If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(C) Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(D) Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance and injunctive relief.
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 and the
inhabitants thereof.
Section 6. The amendment of any provision of the Vail 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.
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Section 7. 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 19th day of November, 2024
and a public hearing for second reading of this Ordinance set for the 3rd day of
December, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 3rd day of December, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No.17, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 17
Series of 2024
AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE
REGARDING PEDESTRIAN MALL AREAS AND LOADING DOCKS IN
THE TOWN
WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of
the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in
the Town (the "Ordinance");
WHEREAS, the Ordinance created a coordinated delivery system to address
pedestrian safety, allow for better emergency vehicle access by reducing congestion, and
provide for the coordinated and efficient delivery of goods in pedestrian mall area; and
WHEREAS, the Town Council desires to amend the Ordinance to clarify the
requirements and separate loading dock permits from pedestrian mall access permits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-11-4 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§ 7-11-4: EXCEPTIONS.
In all pedestrian mall areas, the following vehicular traffic is permitted:
(A) Vehicles issued a permit by the Town in accordance with Chapter 12
of this Title;
(B) Public transportation vehicles operated by the Town;
(C) Emergency vehicles;
(D) Armored money vehicles;
(E) Waste and recycling collection vehicles;
(F) Vehicles entering or exiting a parking structure located within a
pedestrian mall area to access a business or residence when there is no
other means of vehicular access;
(G) Property owners and their guests actively loading or unloading when
there is no other means of vehicular access;
(H) Guests checking in or out of any accommodation establishment
located within a pedestrian mall area; and
(I) Vehicles that are inseparable from and necessary to an active repair
or maintenance service being performed within a pedestrian mall area.
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Section 2. Chapter 12 of Title 7 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
CHAPTER 12
PEDESTRIAN MALL VEHICULAR ACCESS PERMITS
§ 7-12-1: PURPOSE.
The purpose of this Chapter is to increase the safety of pedestrian traffic,
reduce environmental impacts, allow for better emergency vehicle access
by reducing congestion, and provide for a coordinated permitting process
for certain low-impact vehicles to access pedestrian mall areas in
accordance with Section 7-11-4(A).
§ 7-12-2: PEDESTRIAN MALL AREAS.
Pedestrian mall areas shall be those areas designated as a pedestrian mall
by Chapter 11 of this Title.
§ 7-12-3: ACCESS PERMIT REQUIRED.
(A) An access permit shall be required for all vehicles seeking access to
a pedestrian mall area except for those vehicles exempted by Section 7-11-
4(B) – (I).
(B) The Vail Police Department shall issue a pedestrian mall permit only
when the final destination of the goods to be delivered is in a pedestrian
mall area and the size and weight of the goods make delivery impractical
by any other means as determined by the Vail Police Department.
§ 7-12-4: VIOLATION AND PENALTY.
(A) Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
(2) Civil violations shall be subject to the following fines and
penalties:
(a) First violation in any twelve (12) month period: $500.
(b) Second violation in any twelve (12) month period: $1,500.
(c) Third and subsequent violations in any twelve (12) month
period: $2,500.
(3) All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
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violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4) If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(C) Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(D) Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance and injunctive relief.
Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of
a new Chapter 13 to read as follows:
CHAPTER 13
LOADING DOCK PERMITS
§ 7-13-1: PURPOSE.
The purpose of this Chapter is to allow for the efficient use of loading docks
in the Town through a coordinated permitting system.
§ 7-13-2: LOADING DOCK PERMIT REQUIRED.
(A) A loading dock permit shall be required for any person or business
seeking access to a loading dock in the Town.
(B) An application for a loading dock permit shall be submitted to the Vail
Police Department, on forms provided by the Vail Police Department.
Permits shall be issued when the application conforms with all requirements
of this Code including payment of the applicable permit fee.
§ 7-13-3: PERMIT FEES.
Permit fees shall be set forth in the fee schedule adopted by resolution of
the Town Council. Permit fees shall be calculated on an annual basis
beginning in October of each year and shall be prorated on a monthly basis.
§ 7-13-4: VIOLATION AND PENALTY.
(A) Violation: It is unlawful to violate any provision of this Chapter.
Violations of this Chapter shall be civil infractions. Each day of violation
shall be deemed a separate offense.
(B) Civil Enforcement:
(1) If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S. Mail
to the last known address of the alleged violator.
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(2) Civil violations shall be subject to the following fines and
penalties:
(a) First violation in any twelve (12) month period: $500.
(b) Second violation in any twelve (12) month period: $1,500.
(c) Third and subsequent violations in any twelve (12) month
period: $2,500.
(3) All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no opportunity to
challenge or otherwise appeal the violation. If the violator disputes the
violation, a written protest shall be filed with the Town within fourteen (14)
days of the date of the citation.
(4) If the citation is protested, the Town shall cancel the citation
and proceed to criminal enforcement.
(C) Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
(D) Other Remedies: In addition to the penalties described herein, the
Town shall have any and all remedies provided by law and in equity for a
violation of this Chapter, including without limitation damages, specific
performance and injunctive relief.
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 and the
inhabitants thereof.
Section 6. The amendment of any provision of the Vail 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 7. 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.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3rd day of December,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18,
Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on The
20th day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
Ordinance No. 18, Series of 2024
ORDINANCE NO. 18
SERIES OF 2024
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2025 THROUGH DECEMBER 31, 2025
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and
financial plan for the 2025 fiscal year, to make appropriations for the amounts
specified in the budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1.The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2.Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2025, and ending on the 31st day of December,
2025:
FUND AMOUNT
General Fund $64,113,074
Internal Employee Housing Fund 1,182,793
Capital Projects Fund 73,147,995
Real Estate Transfer Tax Fund 9,486,264
Housing Fund 15,775,000
Vail Marketing Fund 477,701
Heavy Equipment Fund 5,490,197
Dispatch Services Fund 4,488,486
Health Insurance Fund 6,771,265
Residences at Main Vail Fund 2,058,136
Timber Ridge Enterprise Fund 462,909
Total 183,453,820
Less Interfund Transfers (24,958,868)
Net Expenditure Budget 158,494,952
3.The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2025 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
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 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 be declared invalid.
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.
6.The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7.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, this 19th day of November, 2024. A public hearing shall
be held hereon on the 3rd day of December, 2024, at 6:00 pm at the regular meeting of
the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Travis Coggin, Mayor
ATTEST:
_________________________
Stephanie Kauffman, Town Clerk
Ordinance No. 18, Series of 2024
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No.18, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
Ordinance No. 18, Series of 2024
ORDINANCE NO. 18
Series of 2024
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2025 THROUGH DECEMBER 31, 2025
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 2025 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, BE IT ORDAINED BY THE THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2025, and ending on the 31 st day of December,
2025:
FUND AMOUNT
General Fund $64,113,074
Internal Employee Housing Fund 1,182,793
Capital Projects Fund 73,162,995
Real Estate Transfer Tax Fund 9,298,764
Housing Fund 15,775,000
Vail Marketing Fund 477,701
Heavy Equipment Fund 5,490,197
Dispatch Services Fund 3,738,486
Health Insurance Fund 6,771,265
Residences at Main Vail Fund 2,058,136
Timber Ridge Enterprise Fund 462,909
Total 182,531,320
Less Interfund Transfers (24,771,368)
Net Expenditure Budget 157,759,952
Ordinance No. 18, Series of 2024
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2025 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
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 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 be declared invalid.
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.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. 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, this 19th day of November, 2024. A public hearing shall
be held hereon on the 3rd day of December, 2024, at 6:00 pm at the regular meeting of
the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Travis Coggin, Mayor
ATTEST:
__________________________
Stephanie Kauffman, Town Clerk
Ordinance No. 18, Series of 2024
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 3rd day of December 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19,
Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on The
20th day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
Ordinance 19, Series of 2024
ORDINANCE NO. 19
SERIES OF 2024
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2024 TAX YEAR AND
PAYABLE IN THE 2025 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2024 year and payable in the 2025
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2025 fiscal year, the Town Council hereby levies a property
tax of 4.789 mills upon each dollar of the total assessed valuation of $1,603,255,550 for the 2024
tax year of all taxable property within the Town, which will result in a gross tax levy of
$7,677,991 calculated as follows:
Base mill levy 4.690 $7,519,269
Abatement levy .099 _ 158,722
Total mill levy 4.789 $7,677,991
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
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 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 be declared invalid.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
Ordinance 19, Series of 2024
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
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 ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 19th day of November, 2024. A public hearing shall be
held hereon at 6 P.M. on the 3rd day of December 2024, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No.19, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
Ordinance 19, Series of 2024
ORDINANCE NO. 19
Series of 2024
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2024 TAX YEAR AND
PAYABLE IN THE 2025 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy,
assessment and collection of Town ad valorem property taxes due for the 2024 year
and payable in the 2025 fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
1. For the purpose of defraying part of the operating and capital expenses of
the Town of Vail, Colorado, during its 2025 fiscal year, the Town Council hereby levies a
property tax of 4.789 mills upon each dollar of the total assessed valuation of
$1,601,691,470 for the 2024 tax year of all taxable property within the Town, which will
result in a gross tax levy of $7,670,500 calculated as follows:
Base mill levy 4.690 $7,511,933
Abatement levy _.099 _ 158,567
Total mill levy 4.789 $7,670,500
Said assessment shall be duly made by the County of Eagle, State of Colorado, as
directed by the Colorado Revised Statutes (1973 as amended), and as otherwise
required by law.
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 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 be declared invalid.
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.
Ordinance 19, Series of 2024
4. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail 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 proceedings
as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING, this 19 th day of November, 2024. A
public hearing shall be held hereon at 6:00 PM on the 3 rd day of December 2024, at the
regular meeting of the Town Council of the Town of Vail, Colorado, in the Council
Chambers of the Municipal Building of the Town.
______________________________
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 3rd day of December 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 20,
Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov on The 20th
day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 20
SERIES OF 2024
AN ORDINANCE AMENDING SECTION 2-8-13 OF THE VAIL TOWN
CODE CONCERNING USE TAX REFUNDS
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.Section 2-8-13 of the Vail Town Code is hereby amended as follows:
§ 2-8-13. REFUNDS.
(A) A refund shall be made, or a credit allowed, for use tax paid under
dispute by any person who is entitled to claim an exemption under § 2-8-5
of this Chapter, if a request for refund is made within 6090 days after
issuance of the building permit for which the use tax was paid under dispute.
(B) A refund shall be made, or a credit allowed, for any use tax paid
under this Chapter for construction and building materials used or
consumed in the construction of any deed restricted employee housing
units, as defined by Title 12 of this Code, which deed restriction additionally
includes a perpetual appreciation cap on either maximum rental rate or
sales prices, as approved by the Town. No request for refund or credit shall
be processed by the Town until the applicable deed restriction has been
recorded. A request for a refund or credit for deed restricted employee
housing units shall be submitted within 6090 days of issuance of the last
certificate of occupancy for such deed restricted employee housing units.
* * *
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.
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 Vail 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.
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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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024
and a public hearing for second reading of this Ordinance set for the 3rd day of
December, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 3rd day of December, 2024.
____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No.20, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
12/4/2024
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ORDINANCE NO. 20
Series of 2024
AN ORDINANCE AMENDING SECTION 2-8-13 OF THE VAIL TOWN
CODE CONCERNING USE TAX REFUNDS
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Section 2-8-13 of the Vail Town Code is hereby amended as follows:
§ 2-8-13. REFUNDS.
(A) A refund shall be made, or a credit allowed, for use tax paid under
dispute by any person who is entitled to claim an exemption under § 2-8-5
of this Chapter, if a request for refund is made within 60 90 days after
issuance of the building permit for which the use tax was paid under dispute.
(B) A refund shall be made, or a credit allowed, for any use tax paid
under this Chapter for construction and building materials used or
consumed in the construction of any deed restricted employee housing
units, as defined by Title 12 of this Code, which deed restriction additionally
includes a perpetual appreciation cap on either maximum rental rate or
sales prices, as approved by the Town. No request for refund or credit shall
be processed by the Town until the applicable deed restriction has been
recorded. A request for a refund or credit for deed restricted employee
housing units shall be submitted within 6090 days of issuance of the last
certificate of occupancy for such deed restricted employee housing units.
* * *
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.
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 Vail 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
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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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3 rd day of December,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 2024.
____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO ) )
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 21, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on The 20th
day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
11/15/2024
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ORDINANCE NO. 21
SERIES 2024
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, AMENDING SECTIONS 4-1-2 AND 4-1-3 OF THE VAIL
TOWN CODE REGARDING BUSINESS LICENSES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. The following definitions contained in Section 4-1-2 of the Vail Town
Code are hereby amended as follows:
§ 4-1-2: DEFINITIONS.
* * *
BUSINESS.Any business, profession, occupation or activity engaged in
by a person for profit, gain, benefit or advantage together with all devices,
machines, vehicles and appurtenances which is conducted on premises
within the Town.
* * *
PLACE OF BUSINESS. A premises within the Town where a licensee
conducts business. Only one (1) premises owned and operated by a shared
services business shall be considered a place of business and subject to
licensing requirements pursuant to this Chapter.
* * *
SHARED DOCKING STATION. An unstaffed structure at a fixed location
in the Town from which shared transportation systems may be accessed,
including, without limitation, bicycles and scooters.
SHARED SERVICES BUSINESS.A business operating within the Town
that provides products through self-service locations on premises
throughout the Town.
Section 2. Section 4-1-3 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
§ 4-1-3: LICENSE REQUIRED.
It is unlawful for any person to maintain, operate, conduct or engage in any
business activity, including a shared services business,within the Town, or
to use in connection with a business any vehicle, premises, machine or
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device without having first obtained a business license pursuant to this
Chapter. A business license is required for each place of business.
Section 3. 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 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 4. The 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 5. 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 6. 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 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3rd day of
December, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 3rd day of December, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
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Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 21, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
12/4/2024
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ORDINANCE NO. 21
Series of 2024
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, AMENDING SECTIONS 4-1-2 AND 4-1-3 OF THE VAIL
TOWN CODE REGARDING BUSINESS LICENSES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. The following definitions contained in Section 4-1-2 of the Vail Town
Code are hereby amended as follows:
§ 4-1-2: DEFINITIONS.
* * *
BUSINESS. Any business, profession, occupation or activity engaged in
by a person for profit, gain, benefit or advantage together with all devices,
machines, vehicles and appurtenances which is conducted on premises
within the Town.
* * *
PLACE OF BUSINESS. A premises within the Town where a licensee
conducts business. Only one (1) premises owned and operated by a shared
services business shall be considered a place of business and subject to
licensing requirements pursuant to this Chapter.
* * *
SHARED DOCKING STATION. An unstaffed structure at a fixed location
in the Town from which shared transportation systems may be accessed,
including, without limitation, bicycles and scooters.
SHARED SERVICES BUSINESS. A business operating within the Town
that provides products through self-service locations on premises
throughout the Town.
Section 2. Section 4-1-3 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
§ 4-1-3: LICENSE REQUIRED.
It is unlawful for any person to maintain, operate, conduct or engage in any
business activity, including a shared services business, within the Town, or
to use in connection with a business any vehicle, premises, machine or
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device without having first obtained a business license pursuant to this
Chapter. A business license is required for each place of business.
Section 3. 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 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 4. The 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 5. 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 6. 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 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3 rd day of December,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO ) )
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on The 20th
day of November 2024.
Witness my hand and seal this 20th day of November 2024.
Stephanie Kauffman
Town Clerk
11/22/2024
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ORDINANCE NO. 22
SERIES OF 2024
AN ORDINANCE AMENDING SECTIONS 4-3-1-2 AND 4-3-3-6 OF THE
VAIL TOWN CODE CONCERNING SALES TAX EXCEPTIONS FOR
ESSENTIAL HYGIENE PRODUCTS
WHEREAS, pursuant to House Bill 22-1055, the State of Colorado created a tax
exemption from State sales tax for certain essential hygiene products, including
"incontinence products and diapers" and "period products"; and
WHEREAS, the Town wishes to amend Sections 4-3-1-2 and 4-3-3-6 to provide
exemptions for these items from Town sales tax.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
addition of the following definitions, to appear in alphabetical order:
INCONTINENCE PRODUCTS AND DIAPERS. Absorbent cloth or
disposable products worn by humans who are incapable of, or have
difficulty, controlling their bladder or bowel movements.
PERIOD PRODUCTS. Consumer products used to manage menstruation.
Section 2. Section 4-3-3-6 of the Vail Town Code is hereby amended as follows:
§ 4-3-3-6. EXEMPTIONS.
* * *
(S) The "sale of food" as defined in 7 U.S.C. § 2012(g), as of, and as it
may be amended after October 1, 1987, that is purchased by the medium
of exchange commonly known as "food stamps", and the "sale of food" as
defined in or pursuant to 42 U.S.C. § 1786, as of, and as it may be amended
after, October 1, 1987, that is purchased with vouchers, checks or similar
certificates of exchange for the special supplemental food program for
women, infants and children; and
* * *
(U) Incontinence products and diapers; and
(V) Period products.
2
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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 Vail 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.
Section 6. This ordinance shall become effective on January 1, 2025.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3rd day of December,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
12/4/2024
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ORDINANCE NO. 22
Series of 2024
AN ORDINANCE AMENDING SECTIONS 4-3-1-2 AND 4-3-3-6 OF THE
VAIL TOWN CODE CONCERNING SALES TAX EXCEPTIONS FOR
ESSENTIAL HYGIENE PRODUCTS
WHEREAS, pursuant to House Bill 22-1055, the State of Colorado created a tax
exemption from State sales tax for certain essential hygiene products, including
"incontinence products and diapers" and "period products"; and
WHEREAS, the Town wishes to amend Sections 4-3-1-2 and 4-3-3-6 to provide
exemptions for these items from Town sales tax.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
addition of the following definitions, to appear in alphabetical order:
INCONTINENCE PRODUCTS AND DIAPERS. Absorbent cloth or
disposable products worn by humans who are incapable of, or have
difficulty, controlling their bladder or bowel movements.
PERIOD PRODUCTS. Consumer products used to manage menstruation.
Section 2. Section 4-3-3-6 of the Vail Town Code is hereby amended as follows:
§ 4-3-3-6. EXEMPTIONS.
* * *
(S) The "sale of food" as defined in 7 U.S.C. § 2012(g), as of, and as it
may be amended after October 1, 1987, that is purchased by the medium
of exchange commonly known as "food stamps", and the "sale of food" as
defined in or pursuant to 42 U.S.C. § 1786, as of, and as it may be amended
after, October 1, 1987, that is purchased with vouchers, checks or similar
certificates of exchange for the special supplemental food program for
women, infants and children; and
* * *
(U) Incontinence products and diapers; and
(V) Period products.
2
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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 Vail 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.
Section 6. This ordinance shall become effective on January 1, 2025.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024 and
a public hearing for second reading of this Ordinance set for the 3 rd day of December,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 23, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vail.gov, on
The 4th day of December 2024.
Witness my hand and seal this 4th day of December 2024.
Stephanie Kauffman
Town Clerk
Ordinance No. 23, Series of 2024
ORDINANCE NO. 23
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, RESIDENCES AT MAIN
VAIL FUND, AND TIMBER RIDGE FUND OF THE 2024 BUDGET FOR THE TOWN OF VAIL,
COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ (2,219,533)
Capital Projects Fund 4,393,718
Real Estate Transfer Tax Fund 161,064
Housing Fund 450,849
Dispatch Services Fund 753,200
Heavy Equipment Fund 48,500
Residences at Main Vail Fund 146,000
Timber Ridge Fund (1,870,335)
Interfund Transfers 3,243,169
Total $ 5,106,632
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 affect the validity of the remaining portions of this
Ordinance No. 23, Series of 2024
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.
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of December 2024, and a public hearing shall be held on this
Ordinance on the 17th day of December, 2024, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk