HomeMy WebLinkAboutLipcon Ltr re Arthrex (with exhibits) Shelley Bellm
From: Sealaw <sealaw @aol.com>
Sent: Wednesday, December 14, 20119:04 AM
To: George Ruther; Matt Mire Contact
Cc: sealaw @aol.com; wendy Weigler Vail Gateway Atty; rossg @centurytel.net;
InovatCreations
Subject: Vail Gateway Condo Association letter re Arthrex building permit
Attachments: Ltr re Arthrex (with exhibits).pdf
Gentlemen:
The Vail Gateway Condo Association would like to appeal the issuance of the Permit# B11-0274, Project# PRJ11-0441
which was issued without notice to our association on 9/21/2011. We only recently learned about the building permit and
the nature of the work Arthrex will be doing there. We have not received information from Arthrex nor anyone else but
have attempted to gather as much information as we can in spite of being refused answers to our questions about what is
going on. From Arthrex's web site where they list the Vail location as a surgical training site and the fact that Arthrex uses
cadavers or cadaver parts and the fact that the plans show a training area and multiple lab stations, we have concluded
that there will be surgical training on cadaver or cadaver parts which are considered biohazards.
Please see my attached letter which is preliminary in light of the lack of notice and attempt to put something together in a
short time frame.
Charles R. Lipcon
President of Vail Gateway
Condominium Association
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Law Offices
LIPCON, MARGULIES,
ALSINA & VVINKLEMAN, P.A.
One Biscayne Tower,Suite 1776 Ricardo V. Alsina
Two South Biscayne Boulevard
Miami,Florida 33131 Charles R. Lipcon
Jason R. Margulies
TEL 305-373-3016 Michael Winkleman
800-838-2759 Carlos F. Llinas Negret
FAX 305-373-6204 *Stacey Z. Margulies
WEB www.lipcon.com
"`Tonya J. Meister
December 13, 2011 of counsel
Town of Vail
Attn: Planning Department
75 S. Frontage Road
Vail, CO 81657
Re: Arthrex,Inc.'s Proposed Cadaver Facility in the Vail Gateway Building
To Whom It May Concern:
As President of the Gateway Condominium Association for the Vail Gateway Building
located at 12 Vail Road, Vail, CO 81657, it has come to my attention that a company called
Arthrex Inc. is attempting to open a "wet lab" medical facility where human cadavers will be
medically operated on. To make matters worse, Arthrex has done nothing to obtain any
approval from the homeowners association; and has done nothing in order to comply with the
applicable Zoning laws. I have obtained a Temporary Restraining Order in order to stop
Arthrex, and hereby request this Honorable Commission immediately look into this alarming
issue.
The Vail Gateway Building falls under the Special Development District (SDD). [See
Official Zoning Map attached hereto and marked as Exhibit L] According to the Vail Town
Code: "Determination of permitted, conditional and accessory uses [in the SDD] shall be made
by the planning and environmental commission and town council as a part of the formal
review of the proposed development plan. Unless further restricted through the review of the
proposed special development district, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in a property's underlying zone
district."— 12-9A-6. [See Exhibit 2 attached.]
It is my understanding that Arthrex has failed to comply with these requirements. As
such, the Planning and Environmental Commission and Town Council should formally deny the
proposed use of Arthrex's property.
If the review of Arthrex's proposed facility does not restrict the use, then it is determined
by the property's underlying zone district, which in this case is the Commercial Service Center
(CSC) district. [See the list of the CSC district's permitted, conditional and accessory uses
attached hereto and marked as Exhibit 3.]
As the list shows, the CSC district considers "professional offices, business offices, and
studios"permitted uses.— 12-7E-3. [Exhibit 3.]Under the Code, the term "professional office" is
defined as follows: "An office for the practice of a profession, such as offices of physicians,
dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through
training are qualified to perform services of a professional nature, where storage, sale, or display
of merchandise on the premises occupies less than ten percent(10%) of the floor area."— 12-2-2.
[See Exhibit 4 attached.] Clearly a company which offers a training laboratory with
cadavers is not a typical "professional office" as intended by the Code.
As to the CSC district's conditional uses, Arthrex could potentially only fall under a
"convention facility." — 12-E-4. In order for such use to be permitted as a conditional use,
though,Arthrex must obtain a conditional use permit. — 12-E-4. [Exhibit 3.1
The process of obtaining a conditional use permit is governed by Chapter 16 of the Code.
[See Chapter 16 attached hereto and marked as Exhibit 5.] First, the applicant needs to submit
an application which must include "C. A description of the precise nature of the proposed use
and its operating characteristics.... F. Such additional material as the administrator may prescribe
or the applicant may submit pertinent to the application and to the findings prerequisite to the
issuance of a conditional use permit... G. A list of the owner or owners of record of the
properties adjacent to the subject property... The list... shall include the names of the
individuals, their mailing addresses, and the general description of the property owned or
managed by each. Accompanying the list shall be stamped, addressed envelopes to each
individual or agent to be notified to be used for the mailing of the notice of hearing. It will be
the applicant's responsibility to provide this information and stamped, addressed envelopes... H.
If the property is owned in common (condominium association)... the written approval of the
other property owner, owners or applicable owners' association shall be required." — 12-
16-2. [Exhibit 5.]
Upon submitting the application, the Planning and Environmental Commission holds a
public hearing, wherein the commission may approve the application as submitted or may
approve the application subject to certain conditions which may include, but not be limited to,
"regulation of... methods of operation" and "control of potential nuisances". -- 12-16-5. [Exhibit
5.] The Code defined a "nuisance" as follows: "any act or condition which endangers the
public health or environment or results in annoyance or discomfort to the public or damage to
any property or injury to any person."—5-1-1 [See Exhibit 61
Factors which the commission considers when deciding on a conditional use permit
application include the following: "1. Relationship and impact of the use on development
objectives of the town.... 4. Effect upon the character of the area in which the proposed use is
to be located, including the scale and bulk of the proposed use in relation to surrounding uses...
5. Such other factors and criteria as the commission deems applicable to the proposed use.., 6.
The environmental impact report concerning the proposed use, if an environmental impact
report is required by chapter 12 of this title." — 12-12-16-6(A) [Exhibit 5.] In addition, the
commission must fmd that the "proposed location of the use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety, or
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welfare, or materially injurious to properties or improvements in the vicinity." — 12-16-
6(B). [Exhibit 5.]
In regard to the environmental impact report, according to Chapter 12, the report shall be
submitted to the administrator for any project which the administrator determines may
significantly change the environment, either during construction or on a continuing basis, due to:
potentially resulting in a"hazard to health and safety" or involving "any process which results in
odor that may be objectionable or damaging" (among others). — 12-12-1 [See Exhibit 7.]
Chapter 12 discusses both the studies and data required (12-12-4) as well as the contents the
report should contain (12-12-5). The Planning and Environmental Commission reviews the
report and either approves, disapproves or requests changes in the project in writing. — 12-12-11.
In the event that Arthrex's use does not fail under any of the defined permitted uses,
conditional uses and accessory uses of the district, section 12-4-2(B) may govern. Such section
provides that the permitted uses, conditional uses and accessory uses in the particular districts
shall be deemed to be exclusive uses for those districts, and any use not specifically permitted
as a `permitted use' is prohibited unless a determination of `similar use' is made in
accordance with section 12-3-4. [See Exhibit 8.1
To be clear, Arthrex has taken none of the required steps in order to even begin to
develop such a facility. As such, please act immediately to review this alarming situation,
including a public hearing, and to require an environmental impact report.
Your immediate attention to this matter is sincerely appreciated.
/s/Charles Lipcon
CHARLES R. LIPCON
President of the Gateway Condominium Association
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ARTICLE A. SPECIAL DEVELOPMENT (SDD)
DISTRICT
12-9A-1 : PURPOSE AND APPLICABILITY:
A. Purpose: The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promote its most appropriate use; to
improve the design character and quality of the new development with the town; to
facilitate the adequate and economical provision of streets and utilities; to preserve the
natural and scenic features of open space areas; and to further the overall goals of the
community as stated in the Vail comprehensive plan. An approved development plan for
a special development district, in conjunction with the property's underlying zone district,
shall establish the requirements for guiding development and uses of property included in
the special development district.
B. Applicability: Special development districts do not apply to and are not available in the
following zone districts: hillside residential, single-family residential, two-family residential
and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 9(1994) § 1 : Ord.
21(1988) § 1)
12-9A-2: DEFINITIONS:
AFFECTED PROPERTY: Property within a special development district that, by virtue of its
proximity or relationship to a proposed amendment request to an approved development
plan, may be affected by redesign, density increase, change in uses, or other modifications
changing the impacts, or character of the approved special development district.
AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or
empowered in writing by the property owner to act on his (her) stead. If any of the property to
be included in the special development district is a condominiumized development, the
pertinent condominium association may be considered the agent or authorized
representative for the individual unit owners if authorized in conformity with all pertinent
requirements of the condominium association's declarations and all other requirements of
the condominium declarations are met.
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses;
increase gross residential floor area; change the number of dwelling or accommodation
units; modify, enlarge or expand any approved special development district (other than
"minor amendments" as defined in this section), except as provided under section 12-15-4,
EXHIBIT
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"Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250
Ordinance)", of this title.
MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape
plans that do not alter the basic intent and character of the approved special development
district, and are consistent with the design criteria of this article. Minor amendments may
include, but not be limited to, variations of not more than five feet (5) to approved setbacks
and/or building footprints; changes to landscape or site plans that do not adversely impact
pedestrian or vehicular circulation throughout the special development district; or changes to
gross floor area (excluding residential uses) of not more than five percent (5%) of the
approved square footage of retail, office, common areas and other nonresidential floor area,
except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional
Gross Residential Floor Area (250 Ordinance)", of this title.
UNDERLYING ZONE DISTRICT. The zone district existing on the property, or imposed on
the property at the time the special development district is approved. The following zone
districts are prohibited from special development districts being used: hillside residential,
single-family residential, two-family residential, two-family primarylsecondary residential.
(Ord. 29(2005) § 26: Ord. 13(1997) § 2: Ord. 9(1994) § 2: Ord. 21(1988) § 1)
12-9A-3: APPLICATION:
An application for approval of a special development district may be filed by any owner of
property to be included in the special development district or his (her) agent or authorized
representative. The application shall be made on a form provided by the department of
community development and shall include: a legal description of the property, a list of names
and mailing addresses of all adjacent property owners and written.consent of owners of all
property to be included in the special development district, or their agents or authorized
representatives. The application shall be accompanied by submittal requirements in section
12-9A-5 of this article and a development plan as in section 12-9A-6 of this article. (Ord.
29(2005) § 26: Ord. 21(1988) § 1)
12-9A-4: DEVELOPMENT REVIEW PROCEDURES:
A. Approval Of Plan Required: Prior to site preparation, building construction, or other
improvements to land within a special development district, there shall be an approved
development plan for said district. The approved development plan shall establish
requirements regulating development, uses and activity within a special development
district.
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B. Preapplication Conference: Prior to submittal of a formal application for a special
development district, the applicant shall hold a preapplication conference with the
department of community development. The purpose of this meeting shall be to discuss
the goals of the proposed special development district, the relationship of the proposal to
applicable elements of the town's comprehensive plan, and the review procedure that will
be followed for the application.
C. PEC Conducts Initial Review: The initial review of a proposed special development district
shall be held by the planning and environmental commission at a regularly scheduled
meeting. Prior to this meeting, and at the discretion of the administrator, a work session
may be held with the applicant, staff and the planning and environmental commission to
discuss special development district. A report of the department of community
development staff's findings and recommendations shall be made at the initial formal
hearing before the planning and environmental commission. Within twenty (20) days of
the closing of a public hearing on a proposed amendment, the planning and
environmental commission shall act on the petition or proposal. The commission may
recommend approval of the petition or proposal as initiated, may recommend approval
with such modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the petition or rejection of the proposal. The commission shall
transmit its recommendation, together with a report on the public hearing and its
deliberations and findings, to the town council.
D. Town Council Review: A report of the planning and environmental commission stating its
findings and recommendations, and the staff report shall then be transmitted to the town
council. Upon receipt of the report and recommendation of the planning and
environmental commission, the town council shall set a date for hearing within the
following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a
proposed SDD, the town council shall act on the petition or proposal. The town council
shall consider but shall not be bound by the recommendation of the planning and
environmental commission. The town council may cause an ordinance to be introduced
to create or amend a special development district, either in accordance with the
recommendation of the planning and environmental commission or in modified form, or
the council may deny the petition. If the council elects to proceed with an ordinance
adopting an SDD, the ordinance shall be considered as prescribed by the Vail town
charter. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-5: SUBMITTAL REQUIREMENTS:
The administrator shall establish the submittal requirements for a special development
district 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 it is demonstrated by the applicant that the information and materials required are not
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relevant to the 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. (Ord. 29(2005) § 26: Ord. 6(2003)
§ 14: Ord. 21(1988) § 1)
12-9A-6: DEVELOPMENT PLAN:
An approved development plan is the principal document in guiding the development, uses
and activities of special development districts. A development plan shall be approved by
ordinance by the town council in conjunction with the review and approval of any special
development district. The development plan shall be comprised of materials submitted in
accordance with section 12-9A-5 of this article. The development plan shall contain all
relevant material and information necessary to establish the parameters with which the
special development district shall develop. The development plan may consist of, but not be
limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan,
parking plan, preliminary open space/landscape plan, densities and permitted, conditional
and accessory uses. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-7:.USES:
Determination of permitted,. conditional and accessory uses shall be made by the planning
and environmental commission and town council as a part of the formal review of the
proposed development plan. Unless further restricted through the review of the proposed
special development:district,. permitted, conditional and accessory uses shall be limited to
those permitted, conditional and accessory uses in.a property's underlying zone district.
Under certain conditions, commercial uses may be permitted in residential special
development districts if, in the opinion of the town council, such uses are primarily for the
service and convenience of the residents of the development and the immediate
neighborhood. Such uses, if any, shall not change or destroy the predominantly residential
character of the special development district. The amount of area and type of such uses, if
any, to be allowed in a residential special development district shall be established by the
town council as a part of the approved development plan. (Ord. 29(2005) § 26: Ord.
21(1988) § 1)
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in evaluating
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the merits of the proposed special development district. It shall be the burden of the
applicant to demonstrate that submittal material and the proposed development plan
comply with each of the following standards, or demonstrate that one or more of them is
not applicable, or that a practical solution consistent with the public interest has been
achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and loading requirements as outlined
in chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive
plan, town policies and urban design plans.
5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
6. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
B. Necessary Findings: Before recommending and/or granting an approval of an application
for a special development district, the planning and environmental commission and the
town council shall make the following findings with respect to the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this section, unless
the applicant can demonstrate that one or more of the standards is not applicable, or
that a practical solution consistent with the public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and compatible with the development objectives of the
town; and
3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the
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surrounding areas; and
4. That the SDD 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. (Ord. 29(2005) § 26: Ord.
21(1988) § 1)
12-9A-9: DEVELOPMENT STANDARDS:
Development standards including lot area, site dimensions, setbacks, height, density control,
site coverage, landscaping and parking shall be determined by the town council as part of
the approved development plan with consideration of the recommendations of the planning
and environmental commission. Before the town council approves development standards
that deviate from the underlying zone district, it should be determined that such deviation
provides benefits to the town that outweigh the adverse effects of such deviation. This
determination is to be made based on evaluation of the proposed special development
district's compliance with the design criteria outlined in section 12-9A-8 of this article. (Ord.
29(2005) § 26: Ord. 21(1988) § 1)
12-9A-10: AMENDMENT PROCEDURES:
A. Minor Amendments:
1. Minor modifications consistent with the definition of "minor amendment" in subsection
12-9A-2 of this article, may be approved by the department of community
development. All minor modifications shall be indicated on a completely revised
development plan. Approved changes shall be noted, signed, dated and filed by the
department of community development.
2. Notification of a proposed minor amendment, and a report of staff action of said
request, shall be provided to all property owners within and adjacent to the special
development district that may be affected by the amendment. Affected properties shall
be as determined by the department of community development. Notifications shall be
postmarked no later than five (5) days following staff action on the amendment request
and shall include a brief statement describing the amendment and the time and date of
when the planning and environmental commission will be informed of the
administrative action. In all cases the report to the planning and environmental
commission shall be made within twenty (20) days from the date of the staff's decision
on the requested amendment.
3. Appeals of staff decisions may be filed by adjacent property owners, owners of
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property within the special development district, the applicant, planning and
environmental commission members or members of the town council as outlined in
section 12-3-3 of this title.
B. Major Amendments:
1. Requests for major amendments to an approved special development district shall be
reviewed in accordance with the procedures described in section 12-9A-4 of this
article.
2. Owners of all property requesting the amendment, or their agents or authorized
representatives, shall sign the application. Notification of the proposed amendment
shall be made to owners of all property adjacent to the property requesting the
proposed amendment, owners of all property adjacent to the special development
district, and owners of all property within the special development district that may be
affected by the proposed amendment (as determined by the department of community
development). Notification procedures shall be as outlined in subsection 12-3-6C of
this title. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-11 : RECREATION AMENITIES TAX:
A recreation amenities tax shall be assessed on all special development districts in
accordance with title 2, chapter 5 of this code at a rate to be determined by the town council.
This rate shall be based on the rate of the underlying zone district or the rate which most
closely resembles the density plan for the zone district, whichever is greater. (Ord. 29(2005)
§ 26: Ord. 21(1988) § 1)
12-9A-12: TIME REQUIREMENTS:
A. Start Of Construction; Completion: The developer must begin initial construction of the
special development district within three (3) years from the time of its final approval, and
continue diligently toward the completion of the project. If the special development district
is to be developed in phases, the developer must begin construction of subsequent
phases within one year of the completion of the previous phase.
B. Approval Voided: If the applicant does not begin and diligently work toward the completion
of the special development district or any stage of the special development district within
the time limits imposed by the preceding subsection, the approval of said special
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development district shall be void. The planning and environmental commission and town
council shall review the special development district upon submittal of an application to
reestablish the special development district following the procedures outlined in section
12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1)
12-9A-13: FEES:
The filing fee for special development district applications and for major and minor
amendments to special development districts shall be set by the town council by resolution.
Applications deemed by the department of community development to have significant
design, land use, or other issues which may have a significant impact on the community may
require review by consultants other than town staff. Should a determination be made by the
town staff that an outside consultant is needed to review any special development district
application, said outside consultant shall be commissioned by the department of community
development. The department of community development shall estimate the amount of
money necessary to pay the outside consultant, and this amount shall be forwarded to the
town by the applicant at the time the special development district application is submitted to
the department of community development. Upon completion of the review of the application
by the consultant, any of the funds forwarded by the applicant for payment of the consultant
which have not been paid to the consultant, shall be returned to the applicant. Expenses
incurred by the town in excess of the amount forwarded by the applicant shall be paid to the
town by the applicant within thirty (30) days of notification by the town. (Ord. 29(2005) § 26:
Ord. 5(1991) § 1 : Ord. 21(1988) § 1)
12-9A-14: EXISTING SPECIAL DEVELOPMENT DISTRICTS:
Nothing in this article shall be construed to limit, replace or diminish the requirements,
responsibilities, and specifications of special development districts 2 through 21 . The town
council specifically finds that said special development districts 2 through 21 shall remain in
full force and effect, and the terms, conditions, and agreements contained therein shall
continue to be binding Upon the applicants thereof and the town. These SDDs, if not
commenced at the present time, shall comply with section 12-9A-12 of this article. (Ord.
29(2005) § 26: Ord. 21(1988) § 1)
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ARTICLE E. COMMERCIAL SERVICE CENTER
(CSC) DISTRICT
12-7E-1 : PURPOSE:
The commercial service center district is intended to provide sites for general shopping and
commercial facilities serving the town, together with limited multiple-family dwelling and
lodge uses as may be appropriate without interfering with the basic commercial functions of
the zone district. The commercial service center district is intended to ensure adequate light,
air, open space, and other amenities appropriate to permitted types of buildings and uses,
and to maintain a convenient shopping center environment for permitted commercial uses.
(Ord. 29(2005) § 24: Ord. 8(1973) § 10.100)
12-7E-2: REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN:
A. Review Required: Prior to the establishment of any commercial service center district or
enlargement of zone district boundaries, the town council shall by resolution adopt a
general development plan for the proposed zone district. The development plan may be
prepared by an applicant for the establishment of the zone district or may be prepared by
the town. The development plan shall be submitted to the planning and environmental
commission for review, and the planning and environmental commission shall submit its
findings and recommendations on the plan to the town council.
B. Plan Content: The administrator shall establish the submittal requirements for a
development plan 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 it is demonstrated by the applicant that the information and
materials required are not relevant to the 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.
C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent
development of sites and the design and location of buildings and grounds within the
zone district. All plans subsequently approved by the design review board in accordance
with chapter 11 of this title shall substantially conform to the development plan adopted
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by the town council. (Ord. 29(2005) § 24: Ord. 5(2003) § 9: Ord. 8(1973) § 10.200)
12-7E-3: PERMITTED USES:
The following uses shall be permitted in the CSC district:
Automated teller machines (ATMs) exterior to a building.
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Employee housing units, as further regulated by chapter 13 of this title.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
[Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
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Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
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Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses in
accordance with the provisions of section 12-7E-1 of this article. (Ord. 12(2008) § 14)
12-7E-4: CONDITIONAL USES:
The fallowing conditional uses shall be permitted in the CSC district,. subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a
building.
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Bowling alley.
Brewpubs.
Child daycare centers.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Dog kennels.
Major arcades.
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Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7P-5 of this article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meeting rooms, and[convention facilities](Ord. 12(2008) § 14)
12-7E-5: ACCESSORY USES:
The following accessory uses shall be permitted in the CSC district:
Home occupations, subject to issuance of a home occupation permit in accordance with the
provisions of section 12-14-12 of this title.
Minor arcades.
Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to
conditional residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses, and
necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 6(1982) § 6(b): Ord. 8(1973)
§ 10.500)
12-7E-6: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable
area, and each site shall have a minimum frontage of one hundred feet (100'). (Ord.
12(1978) § 3)
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12-7E-7: SETBACKS:
In the CSC district, the minimum front setback shall be twenty feet (20'), the minimum side
setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20').
(Ord. 29(2005) § 24: Ord. 50(1978) § 2)
12-7E-8: HEIGHT:
For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a
sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 37(1980)
§ 2)
12-7E-9: DENSITY CONTROL:
Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted
for each one hundred (100) square feet of buildable site area, and gross residential floor
area shall not exceed fifty percent (50%) of total building floor area on any site. Total density
shall not exceed eighteen (18) dwelling units per acre of buildable site area.
A dwelling unit in a multiple-family building may include one attached accommodation unit no
larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord.
50(1978) § 19: Ord. 12(1978) § 2)
12-7E-10: SITE COVERAGE:
Site coverage shall not exceed seventy five percent (75%) of the total site area. (Ord.
17(1991) § 11 : Ord. 8(1973) § 10.607)
12-7E-11 : LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20%) of the total site shall be landscaped. The minimum width and
length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area
not less than three hundred (300) square feet. (Ord. 19(1976) § 11 A: Ord. 8(1973) § 10.609)
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12-7E-12: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chaffer 10 of this title. At
least one-half (112) of the required parking shall be located within the main building or
buildings. No parking or loading area shall be located in any required front setback area.
(Ord. 19(1976) § 11A: Ord. 8(1973) § 10.610)
12-7E-13: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and
12-7E-4 of this article shall be operated and conducted entirely within a building except
for permitted parking and loading areas and such activities as may be specifically
authorized to be unenclosed by a conditional use permit and the outdoor display of
goods.
B. Outdoor Display: The area to be used for outdoor display must be located directly in front
of the establishment displaying the goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits, driveways and streets shall not be
obstructed by outdoor display. (Ord. 34(1982) § 4)
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Chapter 2
DEFINITIONS
12-2-1 : WORD CONSTRUCTION:
Words used in the present tense include the future, and vice versa;words used in the
singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is
permissive; and whenever reference is made to any portion of this title, the reference applies
to all amendments and additions now or hereafter made. (Ord. 29(2005) § 17: Ord. 8(1973)
§ 1.500)
12-2-2: DEFINITIONS OF WORDS AND TERMS:
When used in this title, the words and phrases contained in this title shall have the specific
meanings as defined in this section.
ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as
defined herein, which are designed for temporary occupancy by visitors, guests, individuals,
or families on a short term rental basis, and accessible from common corridors, walks, or
balconies without passing through another accommodation unit, limited service lodge unit,
fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent
residency and shall not be subdivided into an individual condominium unit, pursuant to title
13, "Subdivision Regulations", of this code.
ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a
dwelling unit within a multiple-family building designed for or adapted to occupancy by
guests which is accessible from a common corridor, walk, or balcony without passing
through another accommodation unit, attached accommodation unit, or dwelling unit.
ADMINISTRATOR: The administrator of the department of community development or
his/her designee.
AFFECTED PROPERTY: Property within a special development district that, by virtue of its
proximity or relationship to a proposed amendment request to an approved development
plan, may be affected by redesign, density increase, change in uses, or other modifications
changing the impacts, or character of the approved special development district.
AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or
empowered in writing by the property owner to act on his (her) stead. If any of the property to
be included in the special development district is a condominiumized development, the
pertinent condominium association may be considered the agent or authorized
representative for the individual unit owners if authorized in conformity with all pertinent
EXHIBIT
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requirements of the condominium association's declarations and all other requirements of
the condominium declarations are met.
AMUSEMENT DEVICE: Any device which upon insertion of a coin, slug, token, plate or disc,
or payment of consideration may be used by the public for use as a game, entertainment,
amusement, a test of skill, either mental or physical, whether or not registering a score,
which shall include, but shall not be limited to: pool tables, snooker tables, foosball tables,
pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical
bulls, but shall not include radios, devices that provide music only, or television carrying
commercial broadcasts.
ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the town
of Vail.
ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to, towers,
stairs, spires, cupolas, chimneys, flagpoles and similar architectural features.
ART IN PUBLIC PLACES BOARD (AIPPB): The art in public places board established
pursuant to title 3. chapter 3 of this code.
ATTIC: The space between the ceiling beams of the top story and the roof rafters.
AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor fuel, vehicle servicing
and repair and optional accessory convenience store.
AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static
and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface
normal to the flow and/or a return interval in excess of twenty five (25) years.
AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a
total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a
flat surface normal to the flow and/or a return interval of less than twenty five (25) years.
AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone
where detailed information is not currently available but which may be impacted by said
hazard. These zones of influence shall be designated on the appropriate maps of the
administrator of the town.
BAKERIES AND CONFECTIONERIES: Commercial retail or wholesale properties whose
main products are baked goods and desserts, either produced on the premises or off site.
BARBERSHOP: A commercial establishment whose primary business is the cutting and/or
styling of human hair.
BASEMENT. For the purposes of calculating gross residential floor area (GRFA) on the
lowest level of a structure, the total percentage of exterior wall surfaces unexposed and
below existing or finished grade, whichever is more restrictive, shall be the percentage of the
horizontal area of the lowest level deducted from the GRFA calculation. The percentage
deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior
wall surface area shall be measured from the finished floor elevation of that level to the
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underside of the structural floor members of the floor/ceiling assembly above. For the
purposes of these calculations, retaining walls and site walls shall not be considered part of
the lowest level's exterior walls.
BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning
within specific zone districts, basement or garden level shall be any floor, or portion of any
floor, of a structure located substantially below the first floor or street level of that structure,
as determined by the administrator or the planning and environmental commission. More
than one floor, or portion of floors, may be defined as basement or garden level within a
single structure.
BATHROOM: A room containing a working shower or bathtub, sink, and toilet.
BAY WINDOWS: A window or series of windows that projects from the main wall of a
building and forming a bay or alcove in a room within.
BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which
the bed and breakfast proprietor lives on the premises and is in residence during the bed
and breakfast use.
BOWLING ALLEY: A recreation and entertainment facility where the sport of bowling takes
place. A bowling alley may also include accessory entertainment facilities and uses such as
eating and drinking facilities, retail shops, nightclubs, arcade facilities, billiards, Ping-Pang,
darts, meeting rooms, and similar uses.
BREWPUB: An eating place which includes the brewing of beer as an accessory use. The
brewing operation processes water, malt, hops, and yeast into beer or ale by mashing,
cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not
exceed fifty percent (50%) of the total floor area of the commercial space. The brewery shall
not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year.
A barrel is equivalent to thirty one (31) gallons.
BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain
designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%)
slope.
BUILDING: Any structure having a roof supported by columns or walls, or any other
enclosed structure, for the housing or enclosure of persons, animals, or property.
CHILD DAYCARE CENTER: A residence or facility that provides regular care and
supervision, for an entire day or a portion of a day, for seven (7) or more children who are
not related to the owner, operator or manager thereof, whether such facility is operated with
or without compensation for such care. A daycare center shall comply with all applicable
standards for childcare centers of the Colorado department of social services.
CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the
purpose of physical exercise.
COMMERCIAL DEVELOPMENT: Any development that includes uses such as business
offices, professional offices, accommodation units, general retail, grocery, liquor and
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convenience, recreational amenity, real estate offices, conference facilities, health clubs,
eating and drinking establishments, service oriented businesses, or similar uses.
COMMERCIAL LINKAGE: An obligation that requires developers to provide housing for a
certain number of new employees that are generated by a new commercial development,
focusing solely on a development's impact as related to employee generation and not taking
into account secondary impacts.
COMMERCIAL SKI STORAGE: Storage for equipment (skis, snowboards, boots and poles)
and/or clothing used in skiing related sports, which is available to the public or members,
operated by a business, club or government organization, and where a fee is charged for
hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or
dwelling unit, in which a fee is not charged, is not considered commercial ski storage.
CONFERENCE FACILITY: A facility used for conferences, conventions, seminars, banquets,
and entertainment functions, along with accessory functions such as lobbies, preconvene
areas, and exhibition space.
CONVENTION FACILITY: A building or portion thereof designed to accommodate three
hundred (300) or more persons in assembly, but not including a dining room or meeting
room in a lodge, if the dining room or meeting room is designed to accommodate less than
three hundred (300) persons.
CREEK OR STREAM: A body of flowing water indicated as a perennial stream on the most
recent USGS topographic map of the area.
DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or
other similar covering.
DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real
property that runs with the land and is recorded against the property in the Eagle County
clerk and recorder's office.
DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more of
the gross residential floor area of an existing dwelling unit or structure. The determination of
the fifty percent (50%) shall be calculated upon "gross residential floor area" as defined in
this section.
DENSITY CONTROL: Any requirement of this title that regulates the number or size of
dwelling units per unit of land.
DESIGN REVIEW BOARD (DRB): Design review board established pursuant to title 3,
cha tp er 4 of this code.
DEVELOPMENT. The construction, improvement, alteration, installation, erection, or
expansion of any building, structure or other improvement in the town.
DORMER: An architectural structure projecting out from a sloping roof of a building designed
to provide light, air, access, or interior volume to a space and usually containing a vertical
window or ventilating louver, having a gable or shed roof, in which the total cumulative length
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of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per
roof plane, from which the dormer(s) projects.
DORMITORY UNIT: A type of employee housing unit which houses not more than five (5)
persons and includes common kitchen facilities, a common bathroom, and a minimum of two
hundred fifty (250) square feet of GRFA for each person occupying the unit.
DRUGSTORE: An establishment engaged in the retail sale of prescription drugs,
nonprescription medicines, cosmetics and related supplies.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units,
including townhouses, row houses, apartments, and condominium units, designed for or
used by three (3) or more families, each living as an independent housekeeping unit.
DWELLING, SINGLE-FAMILY: A detached building designed for or used as a dwelling
exclusively by one family as an independent housekeeping unit.
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units, designed
for or used as a dwelling exclusively by two (2) families, each living as an independent
housekeeping unit.
DWELLING UNIT. Any room or group of rooms in a two-family or multiple-family building with
kitchen facilities designed for or used by one family as an independent housekeeping unit.
EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a
year round basis at a business located in Eagle County.
EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for
any period less than thirty (30) consecutive days, and shall be occupied by at least one
person who is an employee. For the purposes of this definition "employee" shall mean a
person who works an average of thirty (30) hours per week or more on a year round basis in
Eagle County, Colorado.
ENVIRONMENTAL IMPACT REPORT: Adocument outlining the effect of proposed
development or action on the environment.
FACILITIES, HEALTHCARE: A facility principally engaged in providing services for health
maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical
condition.
FAMILY: Family shall be deemed to be either subsection A or B of this definition:
A. An individual, or two (2) or more persons related by blood, marriage or adoption,
excluding domestic servants, together in a dwelling unit used as a single housekeeping
unit.
B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an
additional two (2) persons per dwelling unit used as a single housekeeping unit.
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FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
within specific zone districts, first floor or street level shall be any floor, or portion of any floor,
of a structure located at or nearest to (either above or below) the level of the adjacent
vehicular or pedestrian way, as determined by the administrator or the planning and
environmental commission. More than one floor, or portion of floors, may be defined as first
floor or street level within a single structure.
FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1%) or greater
chance of flooding in any given year. The area may be designated as zone A on the flood
hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation
for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, Al-99, VO,
V1-30, VE or V.
FLOOD INSURANCE STUDY: The official report provided by the federal emergency
management agency that includes flood profiles and water surface elevation of the base
flood as well as the flood boundary-floodway map.
FLOOR AREA, GROSS RESIDENTIAL (GRFA): See chapter 15 of this title for GRFA
definitions, regulations, and requirements for GRFA calculations.
FLOOR AREA, NET. The total floor area within the enclosing walls of a structure not
including the following:
A. Areas specifically designed and used for mechanical equipment to operate the
building.
B. Stairways.
C. Elevators.
D. Common hallways.
E. Common lobbies.
F. Common restrooms.
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G. Areas designed and used for parking.
H. Areas designed and used as storage which do not have direct access to an individual
office or retail store, not to exceed five percent (5%) of the total proposed net floor area
for office and not to exceed eight percent (8%) of the total proposed net floor area for
retail.
"Common areas" are spaces for which all tenants in the building contribute toward the
upkeep and maintenance thereof and are not used for employee working areas.
FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area
within the enclosing walls of a business or structure that is devoted to the seating of guests
for dining or meeting purposes, exclusive of lobbies, prefunction areas and kitchen facilities.
FRACTIONAL FEE: A tenancy in common interest in improved real property, including
condominiums, created or held by persons, partnerships, corporations, or joint ventures or
similar entities, wherein the tenants in common have formerly arranged by oral or written
agreement or understanding, either recorded or unrecorded, allowing for the use and
occupancy of the property by one or more cotenants to the exclusion of one or more
cotenants during any period, whether annually reoccurring or not which is binding upon any
assignee or future owner of a fractional fee interest or if such agreement continues to be in
any way binding or effective upon any cotenant for the sale of any interest in the property.
FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant to
recorded project documentation as approved by the town of Vail, has no fewer than six (6)
and no more than twelve (12) owners per unit and whose use is established by a reservation
system and is managed on site with a front desk operating twenty four (24) hours a day,
seven (7) days a week providing reservation and registration capabilities. The project shall
include, or be proximate to transportation, retail shops, eating and drinking establishments,
and recreation facilities.
FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described
as such in the project documentation and not an accommodation unit within the fractional fee
club. No offer of a fractional fee club unit shall be made except pursuant to an application for
registration and certification as a subdivision developer of a timeshare program or an
exemption from registration approved by the state of Colorado real estate commission
pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations
promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the
developer of a fractional fee club unit shall provide to the staff of the department of
community development a copy of the application or request for exemption filed with the
state of Colorado real estate commission and/or evidence of approval of the application or
request for exemption.
FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week or
more on a year round basis in Eagle County, Colorado.
FUNICULARS AND OTHER SIMILAR CONVEYANCES: Exterior, tram like vehicles,
designed to move up and down steep slopes by use of rails or tracks.
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GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject
to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks.
GRADE, EXISTING: The existing grade shall be the existing or natural topography of a site
prior to construction.
GRADE, FINISHED: The finished grade shall be the grade proposed upon completion of a
project.
GRADE, INTERPOLATED: The reestablished topographic conditions of a development site
expressed in two foot (2) contour intervals and determined by connecting surveyed spot
elevations located at ten foot (10') intervals around the perimeter of a property boundary and
used in the determination of maximum allowable building height.
HABITABLE: Any area designed for sleeping, living, cooking, dining, meeting or recreation
as applied to floor area.
HEIGHT: The distance measured vertically from any point on a proposed or existing roof or
eaves to the existing or finished grade (whichever is more restrictive) located directly below
said point of the roof or eaves. Within any building footprint, height shall be measured
vertically from any point on a proposed or existing roof to the existing grade directly below
said point on a proposed or existing roof.
HOME CHILD DAYCARE FACILITY: A residence or facility that provides regular care and
supervision, for an entire day, for more than two (2) but not more than six (6) children from
birth to sixteen (16) years of age who are not related to the owner, operator or manager
thereof, whether such facility is operated with or without compensation for such care.
Residents of the home under twelve (12) years of age who are on the premises and all
children on the premises for supervision are counted against the approved capacity. A
daycare home shall comply with all applicable standards for childcare centers of the
Colorado department of social services.
HOME OCCUPATION: A use conducted entirely within a dwelling which is incidental and
secondary to the use of the dwelling for dwelling purposes and which does not change the
residential character thereof.
INCLUSIONARY ZONING: A zoning obligation based on the community's need for employee
housing considering many factors and secondary impacts, including scarcity of developable
land; rising home values; inadequate availability of employee housing in the market; and
direct employee generation impacts.
INTERPRETIVE NATURE WALKS: Unpaved pedestrian trails with either fixed signs or
marked points which are used to explain the natural flora, fauna, geology, geography, or
history in the immediate area. This use would exclude all mechanical vehicles except
wheelchairs and maintenance equipment.
KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals,
including a sink, stove, oven or microwave oven, and refrigerator and food storage facilities.
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KITCHENETTE: A room containing the following fixtures and appliances only: a microwave
oven, sink, and refrigerator.
LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas
and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be
deemed landscaping together with the core development such as walks, decks, patios,
terraces, water features, and like features not occupying more than twenty percent (20%) of
the landscaped area.
LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or other fabrics in
machines operated by the patron.
LIMITED EDITION: One of no more than nine (9) copies produced from an original artist's
mold.
LOBBY: A communal space in or near the entrance area of a building.
LODGE: A building or group of associated buildings designed for occupancy primarily as the
temporary lodging place of individuals or families either in accommodation units or dwelling
units, in which the gross residential floor area devoted to accommodation units or fractional
fee club units, is equal to or greater than seventy percent (70%) of the total gross residential
floor area on the site, and in which all such units are operated under a single management
providing the occupants thereof customary hotel services and facilities.
Notwithstanding the above for properties containing gross residential floor area equal to or
less than eighty (80) square feet of gross residential floor area for each one hundred (100)
square feet of buildable site area, such properties shall be defined as lodges, provided that
gross residential floor area devoted to accommodation units or fractional fee club units
exceeds the gross residential floor area devoted to dwelling units.
LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and which
contains six hundred fifty (650) square feet or less of floor area and is intended to be rented
on a short term basis.
LODGE, LIMITED SERVICE: A building or group of associated buildings designed for
occupancy primarily as the temporary lodging place of visitors, guests, individuals, or
families, on a short term rental basis, in limited service lodge units or any combination of
accommodation units, limited service lodge units, fractional fee club units, or dwelling units in
which the gross residential floor area devoted to accommodation units, limited service lodge
units, and fractional fee club units is equal to or greater than seventy percent (70%) of the
total gross residential floor area on the site, and in which all such units are operated under a
single management providing the occupants thereof customary lodge services and facilities.
LODGE UNIT, LIMITED SERVICE: Any room or group of rooms with "kitchen facilities", as
defined herein, in a limited service lodge which are designed for temporary occupancy by
visitors, guests, individuals, or families on a short term rental basis, and accessible from
common corridors, walks, or balconies without passing through another accommodation unit,
limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit
is not intended for permanent residency and shall not be subdivided into an individual
condominium unit, pursuant to title 13, "Subdivision Regulations", of this code.
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LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or
structure under the provisions of this title and meeting the minimum requirements of this title.
A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of
lots of record or portions thereof, or a parcel of land described by metes and bounds.
LOT OR SITE LINE, FRONT: The boundary line of a lot or site adjoining a street which
provides the primary access or street address of the site, or adjoining the primary access
from a street to the lot or site.
LOT OR SITE LINE, REAR: The boundary line of a lot or site extending between the side
lines and forming the boundary of the lot or site opposite the front line. In the event of a lot or
site having only three (3) lot or site lines, a line ten feet (10') in length within the lot or site
extending between the side lines and parallel to the front line shall be deemed the rear line
for purposes of establishing setbacks.
LOT OR SITE LINE, SIDE: The boundary line of a lot or site extending from the front line
towards the opposite or rearmost portion of the site.
MAJOR ARCADE: A place of business where an individual, association, partnership or
corporation maintains five (5) or more amusement devices.
MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the
convening of organizations or groups of people for the purposes of educational, political,
social or fraternal advancement.
MICROBREWERY: A mixed use commercial operation that processes water, malt, hops, and
yeast into beer or ale by mashing, cooking, and fermenting that shall also include an on site
public restaurant and/or bar which sells the beer and ale produced on site. The maximum
brewing capacity for the microbrewery shall be seven thousand five hundred (7,500) barrels
per year. A barrel is equivalent to thirty one (31) gallons. The microbrewery use shall not
exceed eight thousand (8,000) square feet of floor area, excluding enclosed areas for
loading, trash, and delivery. The public restaurant and/or bar shall have a minimum seating
area of two thousand (2,000) square feet and shall be excluded from the total microbrewery
maximum square footage limit.
MINOR ARCADE: A place of business where an individual, association, partnership or
corporation maintains four (4) or fewer amusement devices.
MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility
serves more than one use or one user.
NATURE PRESERVES: Areas of land and/or water that are managed primarily to safeguard
the flora, fauna and physical features it contains, while not precluding public access.
NEXUS STUDY: A report, prepared at the request of the town council, updated at least every
five (5) years or more often if deemed necessary by the town council, analyzing the current
and future employee housing needs resulting from new development and redevelopment in
the town.
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OFF SITE: A location within the boundaries of the town other than the site on which the
commercial development is located.
OFFICE, BUSINESS: An office for the conduct of general business and service activities,
such as offices of real estate or insurance agents, brokers, secretarial or stenographic
services, or offices for general business activities and transactions, where storage, sale, or
display of merchandise on the premises occupies less than ten percent (10%) of the floor
area.
OFFICE, PROFESSIONAL: An office for the practice of.a profession, such as.offices of
physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and
others who through training are qualified to perform services of a professional nature, where
storage, sale, or display of merchandise on the premises occupies less than ten percent
(10%a) of the floor area.
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and
service activities and transactions for a limited time period to accommodate the temporary
displacement of an existing business office within the town of Vail due to redevelopment
construction activities.
OUTDOOR DISPLAY: A temporary outdoor arrangement of objects, items, or products
representative of the merchandise sold or rented by a retail establishment, and further
regulated by section 12-14-21 of this title.
OUTDOOR RECREATION AREAS, ACTIVE: Outdoor recreational activities which involve
organized or structured recreation that is associated with recreational facilities, excluding
buildings. For example, active outdoor recreation would include, but not be limited to: athletic
fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding
and skiing areas, fitness trails with exercise stations, etc.
OUTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation activities which involve
unstructured recreation which does not require facilities or special grounds. Passive outdoor
recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal
playing fields, etc.
OWNER: Any person, agent, firm, corporation, or partnership that alone, jointly, or severally
with others: has legal or equitable title to any premises, dwelling or dwelling unit, with or
without accompanying actual possession thereof; or has charge, care or control of any
premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator,
trustee, or guardian of the estate of the beneficial owner. The person shown on the records
of the recorder of deeds of the county to be the owner of a particular property shall be
presumed to be the person in control of that property.
PARTY WALL: A common wall shared by two (2) attached structures, buildings or dwelling
units.
PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and pedestrians,
prohibited for use by motorized vehicles.
PERSONAL SERVICES: A nonmedical commercial business where a service is offered to
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the customer and where accessory retail sales of products related to the services may be
provided, Including, but not limited to, beauty and barber shops, tailor shops, dry cleaners,
laundromats, repair shops, and similar services.
PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing
development proposals or any matters pertaining to the commission as provided by this
code and to act in an advisory capacity to the town council. The planning and environmental
commission focuses on evaluating projects based on the zoning ordinance, master plans,
subdivision regulations, environmental concerns, etc., and as established by title 3, chapter
2 of this code.
PLANT PRODUCTS: Fertilizers and plant seeds packaged in quantities weighing not more
than twenty five (25) pounds, and trees, shrubs, bedding plants, ground cover and Christmas
trees and wreaths.
PRIMARY ROOF: A roof which covers five hundred (540) or more square feet of building
area. A primary roof shall not include required secondary roof forms, dormers, architectural
projections, covered entryways, shopfront colonnades, awnings, louvers, porte-cocheres,
covered decks, and other similar roof forms. This definition is used in the determination of
building height in the Lionshead mixed use 1 and 2 zone districts. See figures 8-15(a-c) in
the Lionshead redevelopment master plan for additional clarification.
PRIMARY ROOF RIDGELINE: Generally the highest or most dominant roof ridgeline(s) atop
a building mass or series of building masses used in the determination of building height in
the Lionshead mixed use 1 and 2 zone districts. See figures 8-15(a-c) in the Lionshead
redevelopment master plan for additional clarification.
PRIMARY ROOF RIDGELINE, ASSUMED: The established centerline portion of a flat or
mansard roof and/or the sloping ends of a gambrel or hip roof used in the determination of
building height in the Lionshead mixed use 1 and 2 zone districts and as determined by the
administrator. See figures 8-15(a-c) in the Lionshead redevelopment master plan for
additional clarification.
PRIVATE: A use, area, property or facility which is not public.
PRIVATE CLUB: An association of persons and its premises established for the fraternal,
social, educational, recreational, or cultural enrichment of its members and not primarily for
profit, whose bona fide members pay dues and meet certain prescribed qualifications for
membership, use of such premises being restricted to members and their guests. Parking
structures may not be the sole facility for a private club.
PRIVATE PARKING STRUCTURES: A parking area within a building for the exclusive use of
its owners, to be considered an individual land use not to be linked with parking
requirements regulated in chapter 14 of this title.
PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive
use of its owners, to be considered an individual land use not to be linked with parking
requirements regulated in chapter 10 of this title.
PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive
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use, control, or possession of property due to transfer of property through a deed or other
legal document.
PUBLIC: A use, area, property or facility which:
A. Is owned and operated by a governmental entity, and functions or is available for use
by all persons whether with or without charge; or
B. Is owned or operated by a person or entity other than a governmental entity, and
functions or is available for use by all persons without charge.
PUBLIC ART: Any original creation of artwork that is accessible to the general public.
PUBLIC PARKING STRUCTURES: A parking area within a building for use by the public, to
be considered an individual land use not to be linked with parking requirements regulated in
chapter 10 of this title.
PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the
public, to be considered an individual land use not to be linked with parking requirements
regulated in chapter 10 of this title.
PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted
from the definition of "structure" elsewhere in this title, which is reasonably necessary to
facilitate adequate public utilities and public services. Public utilities and public services shall
include, but not be limited to, distribution, collection, communication, supply or disposal
systems for gas, electricity, water, wastewater, stormwater, telecommunications, irrigation,
solid waste, recycling, and other similar public utilities and public services. For the purposes
of this title, public utility and public service uses shall not include public transportation
facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage
yards, business offices, or communications antennas and appurtenant equipment.
QUASI-PUBLIC: A use which is characterized by its availability to the public, with or without
cost, but which is conducted by an entity, organization, or person which is not a
governmental entity.
REAL ESTATE OFFICE: An office for the purpose of conducting real estate transactions
and/or property management.
RECREATION AMENITIES TAX: Afee or dues levied on certain development that is used to
fund an exterior recreation based improvement or facility including, but not limited to,
swimming pools, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses,
driving ranges, playgrounds, and other similar amenities.
RECREATION STRUCTURE: Any detached (i.e., not connected to any main structure or
structures) covering erected over a recreational amenity which is not a seasonal structure.
For the purposes of this title, recreation structures shall constitute site coverage but shall not
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be subject to building bulk control standards. Any recreation structure is subject to design
review.
RECREATIONAL AMENITY: An exterior recreation based improvement or facility including,
but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks,
golf courses, driving ranges, playgrounds, and other similar amenities.
REDEVELOPMENT: The construction, improvement, alteration, installation, erection,
expansion or change in use of any existing building, structure or other improvement in the
town that results in an increase in net floor area or GRFA.
RELIGIOUS INSTITUTION: A building used for public worship by any number of
congregations, excluding buildings used exclusively for residential, educational, recreational
or other uses not associated with worship. Includes churches, chapels, cathedrals, temples,
and similar designations.
REMODELING: The alteration or renovation of the interior only of an existing residential
dwelling unit in the town of Vail, without any increase in GRFA.
RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit,
including single-family dwellings, two-family dwellings, multiple-family dwellings, fractional
fee club units, lodge dwellings units, attached accommodation units, and timeshare units.
ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the
ground.
ROOF, MANSARD: A roof with two (2) slopes on each of four (4) sides, the lower steeper
than the upper.
SATELLITE DISH ANTENNA: A dish shaped or parabolic shaped reception or transmission
antenna which is more than two feet (2') in diameter (including dishes stored or temporarily
placed for more than f day) for the reception and/or transmission of satellite signals,
including, but not limited to, television signals, AM radio signals, FM radio signals, telemetry
signals, data communications signals, or any other reception or transmission signals using
free air space as a medium, whether for commercial or private use.
SEASONAL PLANT PRODUCTS BUSINESS: Any person, corporation, company or
partnership which sells any "plant products" as defined in this section. A seasonal plant
products business shall only operate as a conditional use in zone districts where it is
allowed. A seasonal plant products business shall be entitled to not more than two (2)
permits per lot for any one year, and each permit shall not exceed sixty (60) consecutive
days each. Whenever a seasonal plant products business is not in operation, all structures,
fixtures, materials for sale and equipment relating to the business shall be removed from the
site or location of operation within a period not to exceed seventy two (72) hours.
SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or
extend educational, recreational, and cultural activities. Such temporary coverings may not
be in place for more than seven (7) consecutive months of any twelve (12) month period. For
the purposes of this title, a seasonal use or structure shall not constitute site coverage and
shall not be subject to building bulk control standards. Any seasonal use or structure is
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subject to design review.
SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a
line or location within the lot or site which establishes the permitted location of uses,
structures, or buildings on the site.
SETBACK AREA: The area within a lot or site between a lot or site line and the
corresponding setback line within the lot or site.
SETBACK LINE: A line or location within a lot or site which establishes the permitted location
of uses, structures, or buildings on the site.
SETBACK LINE, FRONT: The setback line extending the full width of the site parallel to and
measured from the front lot or site line.
SETBACK LINE, REAR: The setback line extending the full width of the site parallel to and
measured from the rear lot or site line.
SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear
setback line parallel to and measured from the side lot or site line.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion
picture theater or adult theater, except an establishment where a medical practitioner,
psychologist, psychiatrist or similar professional licensed by the state of Colorado engages
in approved and recognized sexual therapy.
SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the
practice of cosmetology, including hair, nail and skin care.
SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home electronics are sold
and/or repaired on the premises.
SHORT TERM RENTAL: Shall be deemed to be a rental for a period of time not exceeding
thirty one (31) days.
SITE: (See also definition of Lot Or Site.) A parcel of land occupied or intended to be
occupied by a use, building, or structure under the provisions of this title and meeting the
minimum requirements of this title. A lot or site may consist of a single lot of record, a portion
of a lot of record, a combination of lots of record or portions thereof, or a parcel of land
described by metes and bounds.
SITE COVERAGE: The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. For the purposes of calculating site coverage, "building area of
a site" shall mean that portion of a site occupied by any building, carport, porte-cochere,
arcade, and covered or roofed walkway constructed at, below, or above grade as measured
from the exterior face of the sheathing of the perimeter walls or supporting columns.
For the purposes of this definition, a balcony or deck projecting from a higher elevation may
extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck
shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to
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the above, building area shall also include any portion of a roof overhang, eaves, or covered
stair, covered deck, covered porch, covered terrace or covered patio that extends more than
four feet (4') from the exterior face of the perimeter building walls or supporting columns.
SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor
subdivision plat, or a special development district development plan.
SLOPE: The deviation of a surface from the horizontal, expressed in percent or degrees and
calculated through rise over run.
SPA: A commercial establishment providing services including massage, body or facial
treatments, makeup consultation and application, manicures, pedicures and similar services,
but excluding beauty and barber shops.
SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/OR COUNCIL
REVIEW): Any proposal to change uses; increase gross residential floor area; change the
number of dwelling or accommodation units; modify, enlarge or expand any approved
special development district (other than "minor amendments" as defined in this section),
except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional
Gross Residential Floor Area (250 Ordinance)", of this title.
SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEW):
Modifications to building plans, site or landscape plans that do not alter the basic intent and
character of the approved special development district, and are consistent with the design
criteria of chapter 9, article A of this title. Minor amendments may include, but not be limited
to, variations of not more than five feet (6) to approved setbacks and/or building footprints;
changes to landscape or site plans that do not adversely impact pedestrian or vehicular
circulation throughout the special development district; or changes to gross floor area
(excluding residential uses) of not more than five percent (5%) of the approved square
footage of retail, office, common areas and other nonresidential floor area.
STORAGE AREA: An area within a dwelling unit which is designed and used specifically for
the purpose of storage and is not required by the latest edition of the adopted building codes
to provide either light, ventilation, or to comply with any code requirement for its function or
existence.
STORE, CONVENIENCE FOOD: Commercial retail entity that specializes in selling fast food
and beverage, and only includes counter service, not table service.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not
including poles, lines, cables, or other transmission or distribution facilities of public utilities,
or mailboxes or light fixtures. At the discretion of the design review board, swimming pools
and tennis courts may be exempted from this definition.
STUDIO: A building or portion of a building used as a place of work by an artist,
photographer, or an artisan in the field of light handicrafts, provided that no use shall be
permitted or no process or equipment employed which is objectionable or injurious to
persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse
or wastes, noise, vibration, illumination, glare, unsightliness, or hazard of fire or explosion.
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SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market value of the structure.
Market value shall be determined by a qualified assessor designated by the administrator.
The market value of a structure is determined either: a) before the improvement or repair is
started; or b) if the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions.
SUBSTANTIAL OFF SITE IMPACT: An impact resulting from development or redevelopment
on the surrounding neighborhood and public facilities in the vicinity of a development or
redevelopment site having a considerable amount of effect upon the area. For example,
substantial off site impacts may include, but are not limited to, the following: deed restricted
employee housing, roadway improvements, pedestrian walkway improvements, streetscape
improvements, stream tract/bank restoration, loading/delivery, public art improvements, and
similar improvements.
THEATER: An establishment for the rehearsal and presentation of performing arts and/or the
showing of movies or motion pictures.
TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes
section 38-33-110.
TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified premises;
provided, that the occupancy of the premises is divided into five (5) or more separate time
periods extending over a term of more than two (2) years. The premises may consist of one
parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the
license is created to be identified later. No timeshare is a timeshare license if it meets the
definition of interval estate, timeshare or time span estate.
TIMESHARE UNIT. A dwelling unit which includes the following forms of interval property
ownership: fractional fee, timeshare estate, or timeshare license, as approved by the town of
Vail. No offer of a fractional fee, timeshare estate, or timeshare license in a timeshare unit
shall be made except pursuant to an application for registration and certification as a
subdivision developer of a timeshare program or an exemption from registration approved by
the state of Colorado real estate commission pursuant to Colorado Revised Statutes
12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten
(10) days after receipt of a written request, the developer of a timeshare unit shall provide to
the staff of the department of community development a copy of the application or request
for exemption filed with the state of Colorado real estate commission and/or evidence of
approval of the application or request for exemption.
TRANSPORTATION BUSINESS: A business which provides transportation for persons in
the form of a shuttle service (e.g., van transportation) or by providing automobiles for
customers (e.g., car rental). Transportation businesses do not include businesses providing
vehicles for the transportation of goods or products including, but not limited to, panel trucks,
moving vans and trucks, and other similar vehicles.
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TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes trusses used as
structural support, perpendicular to the outside walls, on the inside of a roof structure.
UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on
the property at the time the special development district is approved.
USABLE OPEN SPACE: Outdoor space usable for outdoor living or recreational activities,
including patios, terraces, gardens, lawns, swimming pools, water features, or recreation
areas, and decks or balconies, but excluding driveways, parking areas, access walks, utility
and service areas, and required setback areas. Patios used for restaurant and bar service
shall not be considered as usable open space.
USABLE OPEN SPACE, GROUND LEVEL: Usable open space provided at grade or on
decks or similar structures not more than ten feet (10') above ground level and accessible
from ground level.
USE: The purpose for which a site or structure or portion thereof is arranged, designed,
intended, erected, moved, altered, or enlarged, or for which either a site or structure or
portion thereof is or may be occupied or maintained.
USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or
conditional use.
USE, CONDITIONAL: A use or activity with unique or special characteristics that requires
additional review to ensure they are located properly with respect to the objectives of the
zoning regulations, and to ensure their compatibility with other surrounding uses and the
town at large. Due to their unique characteristics and the potential for impacts to adjacent
uses, conditional uses are often allowed subject to specific limitations and conditions.
USE, PERMITTED: A principal use or activity allowed by right within a zone district.
VAIL COMPREHENSIVE PLAN: The Vail comprehensive plan is an advisory master plan for
the development of the town of Vail. The Vail comprehensive plan is the compilation of
numerous planning documents that include the Vail Village urban design guldelines/Vail
Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford
Park/Donovan Park master plan (adopted August 5, 1985), land use plan (adopted
November 18, 1986), Vail Village master plan (adopted January 16, 1990), streetscape
master plan (adopted November 20, 1991), transportation master plan (adopted January
1 993), municipal cemetery master plan (adopted December 7, 1993), comprehensive open
lands plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park
management plan (adopted April 14, 1997), Lionshead redevelopment master plan (adopted
December 15, 1998), and art in public places strategic plan (adopted November 6, 2001).
VARIANCE: Permission to depart from the literal requirements of a zoning ordinance, as
further regulated by this title.
VEHICLE, COMMERCIAL: A vehicle that is designated for commercial use through licensing
requirements by the state of Colorado.
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VEHICLE STORAGE YARD: An area where vehicles are temporarily parked while awaiting
repair or disposition. Vehicles stored in a vehicle storage yard must be licensed vehicles,
and no one vehicle may remain in such a storage yard for more than one hundred twenty
(120) consecutive or nonconsecutive days in a one year period. A vehicle storage yard does
not include the repair and servicing of vehicles or the removal and sale of vehicle parts or
other accessories.
VESTED PROPERTY RIGHT: The right to undertake and complete the development and
use of property under the terms and conditions of the site specific development plan, and
shall be deemed established upon approval of a site specific development plan.
VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered
panoramic vista of particular interest or pleasure or unique view to a particular point from a
public place, adopted by ordinance, as further regulated by this title.
VIEW POINT ORIGINATION: The surrey point, called out as the instrument in each legal
description defining a view corridor boundary, which is the basis for each view corridor.
ZONE DISTRICT: A specifically delineated area in the town of Vail with uniform regulations
and requirements which govern the use, placement, spacing, and size of land and buildings
as mapped on the town of Vail official zoning map.
ZONING MAP: A map that specifies the boundaries of zone districts within the town of Vail.
(Ord. 22(2010) § 1: Ord. 13(2008) § 1: Ord. 12(2008) § 1 : Ord. 8(2008) § 2: Ord. 1(2008)
§ 1: Ord. 39(2007) § 1: Ord. 32(2007) § 12: Ord. 28(2007) § 2: Ord. 22(2007) § 2: Ord.
8(2007) § 1 : Ord. 7(2007) § 1 : Ord. 4(2006) § 1 : Ord. 2(2006) § 2: Ord. 29(2005) § 18: Ord.
24(2005) § 3: Ord. 18(2005) § 2: Ord. 26(2004) §§ 1, 2: Ord. 14(2004) § 1 : Ord. 33(2003)
§ 1 : Ord. 18(2003) § 1 : Ord. 5(2003) § 1 : Ord. 29(2002) § 2: Ord. 28(2002) § 2: Ord.
31(2001) § 2: Ord. 24(2001) § 10: Ord. 19(2001) § 3: Ord. 17(2001) § 2: Ord. 5(2001) § 6:
Ord. 9(2000) § 1: Ord. 23(1 999) § 2: Ord. 22(1999) § 7: Ord. 3(1 999) § 3: 1997 Code: Ord.
13(1997) § 1 : Ord. 1(1997) §§ 1, 2: Ord. 22(1996) § 1 : Ord. 14(1996) § 1 : Ord. 6(1995) § 6:
Ord. 21(1994) §§ 1-7: Ord. 17(1994) § 1 : Ord. 33(1993) § 1 : Ord. 9(1993) §§ 1-5: Ord.
8(1992) §§ 1-3: Ord. 43(1991) §§ 1, 2: Ord. 35(1991) § 1: Ord. 17(1991) § 2: Ord. 15(1991)
§ 1 : Ord. 27(1990) § 1: Ord. 31(1989) §§ 16-19: Ord. 32(1988) § 1 : Ord. 36(1987) § 1 : Ord.
9(1985) § 1 : Ord. 41(1982) § 1(A-B): Ord. 26(1982) §§ 7, 8: Ord. 23(1982) §§ 1, 2: Ord.
6(1982) § 1(a-c): Ord. 37(1980) § 1 : Ord. 26(1980) § 1: Ord. 16(1978) § 1: Ord. 12(1978)
§ 1: Ord. 30(1977) § 1: Ord. 19(1976) § 2: Ord. 8(1973) § 1.600)
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Chapter 16
CONDITIONAL USE PERMITS
12-16-1 : PURPOSE; LIMITATIONS:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review and
evaluation so that they may be located properly with respect to the purposes of this title and
with respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties and the town at large. Uses listed as conditional
uses in the various districts may be permitted subject to such conditions and limitations as
the town may prescribe to ensure that the location and operation of the conditional uses will
be in accordance with development objectives of the town and will not be detrimental to
other uses or properties. Where conditions cannot be devised to achieve these objectives,
applications for conditional use permits shall be denied. (Ord. 8(1973) § 18.100)
12-16-2: APPLICATION; CONTENTS:
EXHIBIT
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Application for a conditional use permit shall be made upon a form provided by the
administrator. The application shall be supported by documents, maps, plans, and other
material containing the following information:
A. Name and address of the owner and/or applicant and a statement that the applicant, if not
the owner, has the permission of the owner to make application and act as agent for the
owner.
B. Legal description, street address, and other identifying data concerning the site.
C. A description of the precise nature of the proposed use and its operating characteristics,
and measures proposed to make the use compatible with other properties in the vicinity.
D. A site plan showing proposed development of the site, including topography, building
locations, parking, traffic circulation, usable open space, landscaped area, and utilities
and drainage features.
E. Preliminary building plans and elevations sufficient to indicate the dimensions, general
appearance, scale, and interior plan of all buildings.
F. Such additional material as the administrator may prescribe or the applicant may submit
pertinent to the application and to the findings prerequisite to the issuance of a
conditional use permit as prescribed in section 12-16-6 of this chapter.
G. A list of the owner or owners of record of the properties adjacent to the subject property
which is subject of the hearing. Provided, however, notification of owners within a
condominium project shall be satisfied by notifying the managing agent, or the registered
agent of the condominium project, or any member of the board of directors of a
condominium association. The list of owners, managing agent of the condominium
project, registered agent or members of the board of directors, as appropriate, shall
include the:names of the individuals, their mailing.addresses, and the general description
of the property owned or managed by each. Accompanying the List shall be stamped,
addressed envelopes to each individual or agent to be notified to be used for the mailing
of the notice of hearing. It will be the applicant's responsibility to provide this information
and stamped, addressed envelopes. Notice to the adjacent property owners shall be
mailed first class, postage prepaid.
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H. If the property is owned in common (condominium association) or jointly with other
property owners such as driveways, AIB parcels or C parcels in duplex subdivisions, by
way of example and not limitation, the written approval of the other property owner,
owners or applicable owners' association shall be required. This can be either in the form
of a letter of approval or signature on the application. (Ord. 29(2005) § 38: Ord. 24(2000)
§ 2: Ord. 49(1991) § 1 : Ord, 50(1978) § 15: Ord. 30(1978) § 1 : Ord. 16(1978) § 4(a): Ord.
8(1973) § 18.200)
ftA
12-16-3: FEE:
The town council shall set a conditional use permit fee schedule sufficient to cover the cost
of town staff time and other expenses incidental to the review of the application. The fee
shall be paid at the time of the application, and shall not be refundable. (Ord. 29(2005) § 38:
Ord. 8(1973) § 18.300)
12-16-4: HEARING:
Upon receipt of a conditional use permit application, the planning and environmental
commission shall set a date for hearing in accordance with subsection 12-3-613 of this title.
Notice shall be given, and the hearing shall be conducted in accordance with subsections
12-3-6C and D of this title. (Ord. 29(2005) § 38: Ord. 8(1973) § 18.400)
12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
A. Possible Range Of Action: Within thirty (30) days of the application for a public hearing on
a conditional use permit, the planning and environmental commission shall act on the
application. The commission may approve the application as submitted or may approve
the application subject to such modifications or conditions as it deems necessary to
accomplish the purposes of this title, or the commission may deny the application. A
conditional use permit may be revocable, may be granted for a limited time period, or
may be granted subject to such other conditions as the commission may prescribe.
Conditions may include, but shall not be limited to, requiring special setbacks, open
spaces, fences or walls, landscaping or screening, and street dedication and
improvement; regulation of vehicular access and parking, signs, illumination, and hours
and methods of operation; control of.potential nuisances; prescription of standards for
maintenance of buildings and grounds; and prescription of development schedules.
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B. Variances: A conditional use permit shall not grant variances, but action on a variance
may be considered concurrently with a conditional use permit application on the same
site. Variances shall be granted in accordance with the procedure prescribed in chapter
17 of this title. (Ord. 29(2005) § 38: Ord. 16(1978) § 4(b): Ord. 8(1973) § 18.500)
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit application, the planning
and environmental commission shall consider the following factors with respect to the
proposed use:
1. Relationship and impact of the use on development objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal
of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the:proposed use in relation to surrounding,uses.
5. Such other factors and criteria as the commission deems applicable to the proposed
use.
6. The environmental impact.report concerning the proposed use, if an environmental
impact report is required by chapter 12 of this title.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title
and the purposes of the zone district in which the site is located.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
(Ord. 29(2005) § 38: Ord. 10(l 998) § 9: Ord. 22(1996) § 3: Ord. 36(1980) § 1 . Ord.
8(1973) § 18.600)
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12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be in addition to
the criteria and findings required by section 12-16-6 of this chapter.
A. Uses And Criteria:
1. Bakeries and confectioneries: The use shall be restricted to preparation of products
specifically for sale on the premises.
2. Beauty and barber shops: Within the commercial core 1 and commercial core 2 zone
districts beauty and barber shops shall have no exterior frontage on any public way,
street, walkway, or mall area. Within the Lionshead mixed use 1 and Lionshead mixed
use 2 zone districts beauty and barber shops shall have no exterior frontage on any
primary or secondary pedestrian mall as defined by the Lionshead redevelopment
master plan.
3. Brewpubs:
a. There shall be no exterior storage of supplies, refuse, or materials on the property
upon which the brewpub is operated.
b. The operator of the brewpub shall comply with the town's loading and delivery
regulations as set forth in this title.
c. Brewpubs which sell beer or ale at wholesale or which sell beer for off site
consumption are allowed so long as the total of wholesale sales and sales for off site
consumption do not exceed forty five percent (45%) of the product manufactured by
the brewpub on an annual basis.
4. Commercial storage: No exterior frontage on any public way, street, walkway, or mall
area is permitted.
5. Convenience food stores:
a. Maximum store size shall be eight thousand (8,000) square feet.
b. No more than thirty three percent (33%) of the gross building area of the entire
structure on site.
6. Major arcades:
a. No exterior frontage on any public way, street, walkway, or mall area is permitted.
b. Amusement devices shall not be visible or audible from any public way, street,
walkway, or mall area.
7. Television stations:
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a. The production room/studio shall be visible from the street or pedestrian mall.
b. The television station shall be "cablecast" only, requiring no additional antennas.
8. Timeshare unit or fractional fee club proposal: Prior to the approval of a conditional use
permit for a timeshare estate, fractional fee, fractional fee club, or timeshare license
proposal, the following shall be considered:
a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the
fractional fee club shall maintain an equivalency of accommodation units as are
presently existing. Equivalency shall be maintained either by an equal number of
units or by square footage. If the proposal is a new development, it shall provide at
least as much accommodation unit gross residential floor area (GRFA) as fractional
fee club unit gross residential floor area (GRFA).
b. Lock off units and lock off unit square footage shall not be included in the calculation
when determining the equivalency of existing accommodation units or equivalency of
existing square footage.
c. The ability of the proposed project to create and maintain a high level of occupancy.
d. Employee housing units may be required as part of any new or redevelopment
fractional fee club project requesting density over that allowed by zoning. The
number of employee housing units required will be consistent with employee impacts
that are expected as a result of the project.
e. The applicant shall submit to the town a list of all owners of existing units within the
project or building; and written statements from one hundred percent (100%) of the
owners of existing units indicating their approval, without condition, of the proposed
fractional fee club. No written approval shall be valid if it was signed by the owner
more than sixty (60) days prior to the date of filing the application for a conditional
use.
f. Each of the fractional fee club units shall be made available for short term rental in a
managed program when not in use by the club members. The project shall include or
be proximate to transportation, retail shops, eating and drinking establishments, and
recreation facilities.
9. Transportation businesses:
a. All vehicles shall be parked upon approved parking areas.
b. All vehicles shall be adequately screened from public rights of way and adjacent
properties, consisting of landscaping and berms, in combination with walls and
fences, where deemed necessary to reduce the deleterious effects of vehicle
storage.
c. The number, size and location of vehicles permitted to be stored shall be determined
by the planning and environmental commission based on the adequacy of the site
for vehicle storage. Consideration shall be given to the adequacy of landscaping and
other screening methods to prevent impacts to adjacent properties and other
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commercial and/or residential uses.
d. Parking associated with transportation businesses shall not reduce or compromise
the parking required for other uses on site.
10. Home child daycare facility:
a. The maximum number of children shall be no more children than allowed by the
state of Colorado licensing authority for a childcare home or a total of six (6)
children, whichever is more restrictive.
b. A state of Colorado license is required to operate a childcare home and a current
copy of the license shall be kept on file in the town of Vail community development
department.
c. A conditional use permit for a home occupation to operate a home childcare facility
shall be valid for one year. The permit holder shall be responsible for requesting
renewals and maintaining all permits as current.
11. Funiculars and other similar conveyances
a. Funiculars and other similar conveyances shall only be allowed when designed for
the purpose of providing access to a residential dwelling, as determined by the
planning and environmental commission.
b. Funiculars and other similar conveyances shall only be allowed when significant site
constraints prevent conventional means of vehicular access to the residential
dwelling, as determined by the planning and environmental commission. "Significant
site constraints" shall be defined as natural features such as mature trees, natural
drainages, stream courses, and other natural water features, rock outcroppings,
wetlands, excessive slopes, other natural features, and existing structures that may
create practical difficulties in the site planning and development of the lot.
c. Funiculars and other similar conveyances shall only be allowed when designed to be
compatible with both the site upon which they are located and the residential
dwelling to which they provide access, as determined by the planning and
environmental commission.
d. Funiculars and other similar conveyances shall only be allowed when designed to be
appropriately screened from view, as determined by the planning and environmental
commission.
12. Single-family and two-family residential dwellings in the Lionshead mixed use 1 zone
district: Single-family and two-family residential dwellings shall be allowed when:
a. Developed as part of a coordinated mixed use development; and
b. A low density residential scale is advantageous to create compatibility with or a
transition to other low density residential development in the vicinity of the
coordinated mixed use development; and
c. The single-family and two-family residential dwellings are designed to the same
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general scale and character of residential dwellings in residential zone districts that
allow single-family and two-family residential dwellings; and
d. The proposed coordinated mixed use development containing the single-family
and/or two-family residential dwellings is consistent with the intent and objectives of
the Lionshead redevelopment master plan.
13. Business offices and professional offices in the residential cluster zone district:
a. Offices for physicians, dentists and similar medical practices shall be excluded in the
residential cluster zone district.
b. Business and professional offices shall be secondary to the residential use of the
district. The net floor area of the office use shall be no greater than fifteen percent
(15%) of the allowable gross residential floor area of the development site.
c. The sale of merchandise shall be prohibited.
d. Off street parking shall be provided in accordance with the provisions of chapter 10
of this title and shall be clearly separate from the area designated for residential
parking.
e. No overnight parking or storage of commercial vehicles associated with the
professional or business office use shall be permitted.
f. Signage shall be permitted in accordance with subsection 11-6-3A, of this code,
business signs within sign district 1 (title 11, "Sign Regulations") and shall be subject
to review by the design review board.
g. The number of employees allowed in a business office or professional office within
the residential cluster zone district shall not exceed one employee for each two
hundred (200) square feet of net floor area.
h. Homeowners' association approval shall be required of all conditional use permit
applications for a professional office or a business office within the residential cluster
district, pursuant to subsection 12-11-4B1 d of this title.
14. Temporary business offices:
a. Offices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall occupy less than
ten percent (10%) of the office's floor area.
c. Off street parking shall be provided in accordance with chapter 10 of this title.
d. Signage shall be provided in accordance title 11 , "Sign Regulations", of this code.
e. The business and service activities and transactions of a temporary business office
may only be conducted for a limited time period, not to exceed three (3) years.
Unless the time period is limited to a shorter duration, the approval of a conditional
use permit for a temporary business office shall expire and become void within three
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(3) years from the initial date of approval.
The planning and environmental commission may grant a subsequent extension to a
conditional use permit approval to allow a temporary business office to continue
activities and transactions beyond the original time period limit, if the commission
determines special circumstances and/or conditions exist to warrant such an
extension. An extension may only be granted for the minimum time period necessary
to facilitate specific redevelopment construction activities that achieve the town's
goals, policies, and objectives, but in no event may such an extension be allowed for
more than three (3) years without additional review.
f. A conditional use permit approval for a temporary business office shall be reviewed
by the planning and environmental commission on an annual basis to verify the
applicant's compliance with the conditions of approval.
15. Business offices and professional offices in the housing (H) district:
a. Business and professional offices shall be secondary to the residential use of the
district. The net floor area of the office use shall be not greater than fifteen percent
(15%) of the net floor area of the development site.
b. The sale of merchandise shall be prohibited.
c. Off street parking shall be provided in accordance with the provisions of chapter 10
of this title and shall be clearly separate from the area designated for residential
parking.
d. No overnight parking or storage of commercial vehicles associated with the
professional or business office use shall be permitted.
e. Signage shall be permitted in accordance with subsection 11-6-3A of this code,
business signs within sign district 1, and shall be subject to design review.
f. The number of employees allowed in a business office or professional office within
the housing district shall not exceed one employee for each two hundred (200)
square feet of net floor area.
g. Homeowners' association or property owner approval shall be required of all
conditional use permit applications for a professional office or a business office
within the housing (H) district pursuant to subsection 12-11-4B1 d of this code.
16. Sexually oriented businesses:
a. Sexually oriented businesses shall be located a minimum of five hundred feet (500)
from any:
(1) Religious institution;
(2) Public park;
(3) Library;
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(4) State licensed daycare facility;
(5) School or educational facility serving persons under eighteen (18) years of age;
or
(6) Any other sexually oriented business.
b. The distance between any two (2) sexually oriented businesses shall be measured
in a straight line, without regard to intervening structures, from the closest exterior
structural wall of each business. Distance between any sexually oriented business
and any religious institution, school or public park shall be measured in a straight
line, without regard to intervening structures, from the nearest portion of the structure
used for the sexually oriented business to the nearest property line of the religious
institution or school, or the nearest boundary of the public park.
c. Sexually explicit advertisements or other promotional displays for sexually oriented
businesses that are harmful to minors shall not be visible to minors from
pedestrianways, walkways or other public areas.
d. Sexually oriented businesses shall obtain a license pursuant to title 4, "Business
And License Regulations", of this code, as a condition of approval for a conditional
use permit. (Ord. 1(2011) § 1: Ord. 13(2008) § 3: Ord. 35(2007) § 3: Ord. 22(2007)
§ 3: Ord. 33(2006) § 2: Ord. 29(2005) § 38: Ord. 36(2003) § 1 : Ord. 33(2003) § 1 :
Ord. 31(2001) § 6: Ord. 17(2001) § 2: Ord. 10(l 998) § 11)
12-16-8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit, or an amendment to an existing conditional use permit,
shall lapse and become void if a building permit is not obtained and construction not
commenced and diligently pursued toward completion or the use for which the approval has
been granted has not commenced within two (2) years from when the approval becomes
final. Approval of a conditional use permit shall also lapse and become void if the use for
which the approval has been granted is discontinued for a period of two (2) years, regardless
of any intent to resume operation of the use. (Ord. 12(2008) § 26)
12-16-9: CONFLICTING PROVISIONS:
In addition to the conditions which may be prescribed pursuant to this chapter, a conditional
use shall also be subject to all other procedures, permits, and requirements of this chapter
and other applicable ordinances and regulations of the town. In the event of any conflict
between the provisions of a conditional use permit and any other permit or requirement, the
more restrictive provision shall prevail. (Ord. 10(l 998) § 10: Ord. 8(1973) § 18.900)
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12-16-10: AMENDMENT PROCEDURES:
A. The administrator may approve amendments to an existing conditional use permit
(including, but not limited to, additions to buildings and structures associated with the
use, changes to the operation of the use, changes to the previous conditions of approval,
etc.) if the administrator determines the amendment meets the following criteria:
1. The amendment is in accordance with all applicable elements of this code and the Vail
comprehensive plan; and
2. The amendment does not alter the basic character or intent of the original conditional
use permit; and
3. The amendment will not adversely affect the public health, safety, and welfare.
B. All amendments to an existing conditional use permit not meeting the above listed criteria,
as determined by the administrator, shall be reviewed by the planning and environmental
commission in accordance with the procedures described in section 12-16-5 of this
chapter. (Ord. 12(2008) § 27)
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Chapter 1
PUBLIC NUISANCES
5-1-1 : DEFINITIONS:
NUISANCE: For the purpose of this code, a nuisance is hereby defined as any act or
condition which endangers the public health or environment or results.in annoyance or
discomfort to the public or damage to any property or injury to any person.
PERSON: As used in this chapter means a natural person, corporation, business trust,
estate, trust, partnership, association, joint stock company, joint venture, two (2) or more
persons having a joint or common interest, any other legal or commercial entity, or a
receiver, executor, trustee, conservator or other representative appointed by order of any
court. (1997 Code: Ord. 18(1966) § 1)
5-1-2: DESIGNATED GENERALLY:
Each of the actions or conditions set out in sections 5-1-3 through 5-1-11 of this chapter shall
be deemed to be a public nuisance and may be proceeded against according to the
provisions of this chapter. (Ord. 18(1966) § 2)
5-1-3: KEEPING JUNK:
The storing or keeping by any person within the town of any old articles or materials which
may be classified as junk, adjacent to or in close proximity to any public building, public park
or grounds, business buildings or residences without first providing fully enclosed buildings
for the storage of the same, shall be deemed a public nuisance. It is specifically provided
that trash, garbage and refuse and trash, garbage and refuse containers, barrels and cans
must be obscured from view and not accessible to scavenging animals. It is further
specifically provided that "junk" as referred to in this chapter shall be expressly deemed to
include, without limitation, any motor vehicle that is incapable of operation under its own
power. A motor vehicle shall be presumed incapable of operation if it has remained in one
location for a period in excess of thirty (30) days. (Ord. 16(1968) § 1 : Ord. 15(1968) § 1 : Ord.
18(1966) § 2(b))
5-1-4: DEPOSITING WASTE
EXHIBIT
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The throwing, depositing, scattering by any person or the permitting by any person of the
throwing or scattering of any waste or other material of any kind upon any sidewalk, street,
alley, public passageway, public park, open area or upon any private property within the town
shall be deemed a public nuisance. (Ord. 18(1966) § 2(c))
5-1-5: ABATEMENT OF MOUNTAIN PINE BEETLE 2:
(Rep. by Ord. 23(2007) § 1)
5-1-6: NOXIOUS WEEDS:
A. Plants Listed: All plants declared noxious weeds pursuant to the town of Vail weed
management plan, which shall be annually reviewed and updated in compliance with the
Colorado Revised Statutes, section 35-5.5-101 et seq., "the Colorado noxious weed act".
B. Declaration Of Nuisance: Any and all plants designated noxious weeds by the town are
declared to be a public nuisance. Such action may be taken as is available for nuisance
abatement under the laws of this state and the town, and as town council, in their sole
discretion, deem necessary.
C. Removal Of Noxious (Needs Required By Property Owner: Property owners within the
town shall be responsible for the elimination of noxious weeds from their property within
ninety (90) days of the effective date hereof. Such removal shall be accomplished in an
ecologically feasible and environmentally safe manner in accordance with all applicable
laws, ordinances, rules and regulations.
D. Enforcement: The town shall have the right to enter upon any premises, land, or place,
whether public or private, during reasonable business hours or upon proper notice for the
purpose of inspecting for the existence of noxious weeds, and shall have the right to
propose, implement or enforce the management of noxious weeds upon such lands in
accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108.5 and
109.
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E. Advisory Board: The Vail town council shall be the local advisory board for all state and
local noxious weed statutes, ordinances and regulations. The mayor shall be the chair
and the mayor pro tem shall be the secretary. A majority of the members of the board
shall constitute a quorum.
F. Penalty: Violation of this section shall be subject to penalty as provided in section 1-4-1 of
this code, in addition to any other remedies provided herein or allowed by ordinance, law,
rule, or regulation. (Ord. 6(2004) § 1: 1997 Code: Ord. 19(1993) § 1)
5-1-7: NOISE PROHIBITED:
A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at
any location within the town heard and measured in a manner hereinafter set forth, shall
be unlawful, except when made under and in compliance with a permit issued pursuant
to subsection E of this section.
B. Definition: An "excessive or unusually loud noise" shall be defined as follows:
1. Noise of any duration which exceeds the allowable noise limit for the zone in which the
noise source is located by fifteen (15) decibels.
2. A noise, one minute or more in duration out of any ten (10) minute period, which
exceeds the allowable noise limit for the zone in which the noise source is located by
ten (10) decibels.
3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10)
minute period, which exceeds the allowable noise limit for the zone in which the noise
source is located by three (3) decibels.
C. Sound Measurement Standard: For the purpose of determining and classifying any noise
as excessive or unusually loud as declared to be unlawful and prohibited by this section,
the noise shall be measured on a decibel or sound level meter of standard design and
quality operated on the A weighting scale.
1. if the noise source is located on private property, the noise shall be measured at or
beyond the property line of the property on which the noise source is located.
2. If the noise source is located on public property, the noise shall be measured no closer
than ten feet (10) from the noise source.
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D. Allowable Limits: The following shall be the allowable noise limits for the time periods and
zones specified:
�3•.'F_�'-_r'4353r .4',�.ti.'.'.?'.�k;,�t. _..G_5v- .r-.�r.�vLU��':5:.3'3'..... .5=.:#-?�IJyd':�:tea,"»-,� x�.3L:r. �.,A;i':`^"''3.a^,3l?]f-:v'_�.kA:.z..�^Z
Zoning Designation
Of Property On ! Maximum Number Of Maximum Number Of
Which Source Of Decibels Permitted From Decibels Permitted From
Noise Is Located 7.00 A.M. To 11:00 P.M. 11 :00 P.M. To 7:00 A.M.
All residential zones 55 decibels 50 decibels
excepting HDMF i
Commercial plus HDMF 65 decibels 60 decibels
Industrial service zones 80 decibels_ i 75 decibels
E. Permit To Exceed Limits: Applications for a specified permit to exceed noise level
designated in this section may be made to the town manager or duly authorized
representative. The town manager or duly authorized representative may grant the relief
as applied for if he/she finds the following:
1. That additional time is necessary for the applicant to alter or modify such activity or
operation to comply with this section.
2. The activity, operation or noise source will be of temporary duration, and cannot be
done in a manner that will comply with subsection A of this section.
3. That no other reasonable alternative is available to the applicant.
4. That the permit is necessary for the community's cultural, historical or social benefit.
The town manager may prescribe any conditions or requirements deemed necessary
to minimize adverse effects upon the community or the surrounding neighborhood,
including, but not limited to, specific times or functions of the noise on location of the
noise source. Any permit granted by the town manager under this section shall contain
all conditions upon which the permit has been granted and shall specify a reasonable
time that the permit shall be effective.
F. Exceptions: The maximum permissible noise limits for the times and zones specified in
subsection D of this section shall not apply to sound emitted from the following:
1. Any authorized emergency vehicle when responding to an emergency call or acting in
time of an emergency;
2. Activities of a temporary duration permitted by law and for which a license or permit
therefor has been granted by the town, including, but not limited to, parades and
fireworks displays;
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3. Any construction equipment operated upon a residential, commercial, industrial, or
public premises during the time period between seven o'clock (7:00) A.M. and seven
o'clock (7:00) P.M.; provided, however, that the operation of the construction equipment
during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not
exceed ninety (90) decibels;
4. Any snowmaking equipment;
5. Any motor vehicles designated for and operated on the public streets, alleys, highways
or freeways;
6. The sounds of any permitted bells or chimes or the amplified reproductions of the
sounds of any bells or chimes played between the hours of eight o'clock (8:00) A.M. to
seven o'clock (7:00) P.M., provided that said sounds shall not exceed eighty (80)
decibels.
G. Motor Vehicle Noise:
1. Type Of Vehicle; Time Period: No person shall operate nor shall the owner permit the
operation of any motor vehicle or combination of motor vehicles at any time or place
when such operation exceeds the following noise levels for the category of motor
vehicle and for the designated time period specified in the table set forth below. The
standards set forth in this table shall apply to all noise emitted from motor vehicles
including any and all equipment thereon, under any conditions of acceleration,
deceleration, idle, greater load, and whether or not in motion. Maximum allowable
noise levels for motor vehicles shall be as follows:
Measurement
Maximum Allowable Distance
Type Of Vehicle I Time Period Noise Levels From Vehicle
Vehicles weighing less 3 Any time 80 decibels 25 feet
than 10,000 pounds,
manufacturer's gross
vehicle weight
E
Vehicles weighing Any time 90 decibels 25 feet
more than 10,000 I
pounds, manufacturer's
gross vehicle weight
2. Exhaust Mufflers: It is unlawful for any person to drive or move or for the owner of any
motor vehicle to permit to be driven or moved, any motor vehicle or combination of
motor vehicles at any time which is not equipped with an exhaust muffler. It is unlawful
for any person or for the owner of any motor vehicle to change or modify the exhaust
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muffler, air intake muffler, or any other sound reducing device in such a manner that
the noise emitted from the motor vehicle: a) exceeds the noise levels as established in
the maximum allowable noise level table for motor vehicles, or b) is increased above
the sound pressure level of the vehicle as originally manufactured.
3. Idling Engines:
a. It shall be unlawful for any person to idle or permit the idling of the engine of any
bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in
excess of twenty (20) minutes within the town limits.
b. Notwithstanding subsection G3a of this section, it shall be unlawful for any person to
permit any idling whatsoever of the engine of any unattended bus, truck or any motor
vehicle, except for refrigeration vehicles, within the Lionshead mixed use 1,
Lionshead mixed use 2, commercial core 1 or the commercial core 2 zone districts of
the town.
H. Amplified Sounds:
1. Purpose: The town council enacts this legislation for the purpose of securing and
promoting the public comfort, safety, and welfare of its citizenry. While recognizing that
certain uses of sound amplifying equipment are protected by the constitutional rights of
freedom of speech and assembly, the council nevertheless feels obligated to
reasonably regulate the use of sound amplifying equipment in order to protect the
correlative constitutional rights of the citizens of this community to privacy and freedom
from public nuisance and loud and unnecessary noise.
2. Prohibition And Regulation: It shall be unlawful for any person other than the personnel
of law enforcement or governmental agencies to install, use, or operate within the town
a loudspeaker or sound amplifying equipment in a fixed or movable position or
mounted upon any sound truck for the purposes of giving instructions, directions, talks,
addresses, lectures, or transmit or project music to any person or assemblage of
persons in or upon any public street, alleys, sidewalks, park or place, or public
property, except when installed, used, or operated in compliance with the following
provisions:
a. In all residential zones, no sound amplifying equipment shall be installed, operated
or used for commercial purposes at any time.
b. The operation or use of sound amplifying for noncommercial purposes in all
residential zones and within one hundred feet (100') thereof, except when used for
regularly scheduled operative functions by any school or for the usual and customary
purposes of any church is prohibited between the hours of four thirty o'clock (4:30)
P.M. and nine o'clock (9:00) A.M. of the following day.
c. At the Gerald R. Ford Amphitheater located within Gerald R. Ford park, the
operation or use of sound amplifying equipment for commercial purposes is
prohibited between the hours of twelve o'clock (12:00) midnight and eight o'clock
(8:00) A.M. of the following day.
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d. In all other zones, except such portions thereof as may be included within one
hundred feet (100) of any residential zone, the operation or use of sound amplifying
equipment for commercial purposes is prohibited between the hours of ten o'clock
(10:00) P.M. and eight o'clock (8:00) A.M. of the following day on Sunday through
Thursday, and between the hours of eleven o'clock (11:00) P.M. and eight o'clock
(8:00) A.M. of the following day on Friday and Saturday.
e. In all other zones, except such portions thereof as may be included within one
hundred feet (100) of any residential zone, the operation or use of sound amplifying
equipment for noncommercial purposes is prohibited between the hours of ten
o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of the following day. The only
sounds permitted shall be either music, human speech, or both.
The sound emanating from sound amplifying equipment shall be limited in volume
and intensity for the times such sound is permitted by subsection H2 of this section
shall be as set forth in subsection D of this section. In no event, shall the sound be `
loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to
reasonable persons of normal sensitivity within the area of audibility.
3. Permit Required: It shall be unlawful for any person, business or corporation to operate
sound amplifying equipment in accordance with this chapter without first obtaining a
permit from the town. Application for such permits will be on forms provided by the
town. The following information shall be provided by the applicant:
a. Name, address and telephone number;
b. The place or places the applicant will be playing amplified sound;
c. The dates and times the applicant will be playing amplified sound.
All permits shall be valid for a period of one calendar year.
I. Appeal: Appeal of any action of the town manager or duly authorized representative
pursuant to subsections E and H of this section, denying the issuance of a permit to
exceed the noise level or to play amplified sounds, may be filed within thirty (30) days
following such action with the town council which shall hear said appeal in accordance
with its rules of procedure. The town council may confirm, reverse or modify the actions
of the town manager or his/her duly authorized representative.
J. Penalty: Any person, partnership, association, or corporation convicted of a violation of
any provision of this section shall be subject to penalty as provided in section 1-4-1 of
this code.
K. Four Day Limit:
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1. Any person wishing to play "amplified sounds" as defined in subsection H of this
section during any period not to exceed four (4) consecutive days shall not be required
to provide the information set forth in subsection H3 of this section in such person's
application.
2. Upon the receipt of an application to play amplified sound during any period not to
exceed four (4) consecutive days, the town manager, without the necessity of a public
hearing, shall either grant or deny the application after consideration of all the relevant
factors. Before the town manager shall grant any such application, the town manager
shall be required to make the findings set forth in subsection E4 of this section. (Ord.
14(2007) § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1 : 1997 Code: Ord. 15(1988) § 1 :
Ord. 26(1984) § 1: Ord. 32(1982) § 1 : Ord. 1(1981) § 1)
5-1-8: MUFFLERS 4:
The operation of a motor vehicle within the town which is not at all times equipped with a
muffler in good working order upon the exhaust thereof and in constant operation to prevent
excessive or unusual noise, or the use, by any person operating a motor vehicle within the
town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a public
nuisance. (Ord. 18(1966) § 2(e))
5-1-9: ICE AND SNOW OVERHANGS AND ACCUMULATIONS:
A. Located Over Public Property Or Ways: No owner, occupant or manager of any real
property or improvement thereon shall allow or permit ice or snow to project or overhang
from any roof, ledge or other part of the structure or building owned, managed or
occupied by such person where the projection or overhang constitutes a hazard or
reasonable possibility that the ice or snow projection or overhang (or water resulting
therefrom) might fall, collapse or drop onto any sidewalk, street, alley, public way, park or
any other publicly used way.
B. Accumulations On Buildings: No owner, occupant or manager of any real property or
improvement thereon shall allow or permit ice or snow to accumulate on the roof or any
other part of the structure or building owned, occupied or managed by him or her where
the accumulated ice or snow constitutes a hazard or reasonable possibility of sliding off
the building onto any sidewalk, street, alley, public way, park or any other publicly used
way. (Ord. 9(1978) § 1)
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5-1-10: ICE, SNOW AND OBSTRUCTIONS ON SIDEWALKS:
A. Duty To Clear Sidewalks: It shall be the duty of every owner or occupant of any lot,
property, or parcel of land within the town, or his/her agent, to keep the sidewalks in the
public right of way on or adjacent to such lot or parcel of land, free and clear of and from
snow, ice, mud, and all other obstructions. It is unlawful to fail to keep the sidewalks free
and clear of snow, ice, mud, and all other obstructions. Snow, ice, mud, and other
obstructions cleared from sidewalks shall not be deposited in public streets or alleys.
B. Notice To Responsible Person: If the town manager or his/her designee finds that any
portion of a sidewalk has not been cleared of snow, ice, mud, and other obstructions as
required by subsection A of this section and that a hazardous condition exists, the town
manager or designee shall notify the owner or manager of any property, the lessee
leasing the premises or any adult occupant of a single-family dwelling that such person
must remove the snow within twenty four (24) hours. Notice under this subsection is
sufficient if hand delivered or telephoned to the owner, manager, lessee, or occupant.
C. Town Abatement For Noncompliance: If the person so notified fails to remove the snow as
required by the notice set forth in subsection B of this section, the town manager or
his/her designee may cause the snow removal to be done to meet the requirements of
this section and charge the cost thereof, plus an additional amount up to twenty five
dollars ($25.00) for administrative costs to the person so notified.
D. Lien: If any person fails or refuses to pay any charge imposed under this section, the town
manager may, in addition to taking other collection remedies, certify due and unpaid
charges to the Eagle County treasurer for collection. (Ord. 3(1992) § 1: Ord. 1(1 968) § 1 :
Ord. 18(1996) § 2(g))
5-1-11 : CONSTRUCTION WORK LIGHTING:
The purpose of this section is to minimize the possible negative effects of construction work
lighting on adjacent properties within the town.
A. All artificial light sources operated for the purpose of illuminating construction work
activities shall be directed internally to the development site toward the specific
construction work area or on site objects intended to be illuminated. Any artificial light
sources operating between sunset and sunrise for the purpose of illuminating
construction work activities directed at an adjacent property or public way within the town
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shall be deemed a public nuisance.
B. All artificial light sources operated for the purpose of illuminating construction work
activities shall cease operation once the associated construction activities have ceased.
Any artificial light source operating between sunset and sunrise for the purpose of
illuminating construction work activities that remains in operation after the associated
construction activities have ceased shall be deemed a public nuisance.
C. This section shall not apply to lighting required for identifying hazards or illuminating road
construction.
D. This section shall not apply to any outdoor lighting otherwise regulated by section
14-10-7, "Outdoor Lighting", of this code. (Ord. 4(2009) § 1)
5-1-12: CREATION OF NUISANCE PROHIBITED:
No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through
5-1-11 of this chapter nor shall any person create, keep, maintain, or allow or cause to be
created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-1-11
of this chapter within the town. (Ord. 4(2009) § 1)
5-1-13: INVESTIGATION; ABATEMENT NOTICE:
The town council or any person specifically authorized by the council shall investigate into
every public nuisance within the town, and the town council shall have the power to deliver a
request for abatement to any person in control of any public nuisance. Any request for
abatement delivered by the town council shall be in writing and shall state the nature of the
nuisance or nuisances which are to be abated and shall specify a reasonable time within
which such nuisance or nuisances are to be abated. It is the duty of any person in control of
any public nuisance within the town to abate the nuisance upon receiving a request for
abatement from the town council within the time specified in the request. (Ord. 4(2009) § 1)
5-1-14: ABATEMENT PROCEDURE:
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In addition to or in place of proceeding under section 5-1-13 of this chapter against any
person who is believed to have violated or to be violating any of the provisions of this
chapter, the town council may direct the town attorney to bring an action in the municipal
court for the town to abate and restrain any nuisance set forth in sections 5-1-2 through
5-1-11 of this chapter within the town; provided, that any action to abate and restrain any
such nuisance shall operate as a bar to any subsequent proceedings under section 5-1-13 of
this chapter for the violation of any of the provisions of this chapter where the violation
occurred prior to the action to abate or restrain the nuisance, and no testimony given by the
defendant at any hearing in an action to abate or restrain the nuisance shall be admissible
against such person in any proceeding under section 5-1-13 of this chapter instituted for any
violation of the provisions of this chapter occurring subsequent to the hearing. (Ord. 4(2009)
§ 1)
5-1-15: CIVIL REMEDY NOT PRECLUDED;
No provision of this chapter shall be construed as prohibiting any private person from
bringing any action, seeking any remedy or taking any step with respect to any nuisance set
forth in sections 5-1-2 through 5-1-11 of this chapter as that person may be authorized or
permitted to bring, seek, or take under state law. (Ord. 4(2009) § 1)
5-1-16: VIOLATION; PENALTY:
Any person convicted of violating any of the provisions of this chapter shall be punished as
provided in section 1-4-1 of this code; provided, that each separate act in violation of the
provisions of this chapter, or each and every day or portion thereof during which any
separate act in violation of this chapter is committed, continued, or permitted, shall be
deemed a separate offense. (Ord. 4(2009) § 1)
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Chapter 12
ENVIRONMENTAL IMPACT REPORTS
12-12-1 : PURPOSE:
Submission and review of an environmental impact report on:any private development
proposal or public project Which may affect to any significant.degree the quality of the
environment in the town or in surrounding areas is required to .achieve the following
objectives:
A. Availability Of Information: To ensure that complete information on the environmental
effects of the proposed project is available to the town council, the planning and
environmental commission, and the general public.
B. Environmental Protection A Criterion: To ensure that long-term protection of the
environment is a guiding criterion. in project planning, and that land use and:development
decisions, 'both public and ;private,take into account the relative merits of possible
alternative actions.
C. Review And: Evaluation Procedure: To provide procedures for local review and evaluation
of the environmental effects of proposed projects prior to granting of permits or other
authorizations for commencement of development.
D. Avoid Geologic Hazard Areas: To ensure that buildings are not constructed in geologic
hazard areas, by way of illustration, floodplains, avalanche paths, rockfall areas, where
such hazard cannot practically be mitigated to the satisfaction of the planning and
environmental commission and the town council.
E. Protect Water Quality: To ensure that the quality of surface water and ground water within
the town will be protected from adverse impacts and/or degradation due to construction
activities. (Ord. 29(2005) § 31 : Ord. 37(1980) § 10: Ord. 19(1976) § 14: Ord. 8(1973)
§ 16.100)
12-12-2: APPLICABILITY:
EXHIBiT
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An environmental impact report shall be submitted to the administrator for any project for
which such a report is required by federal or state law, or for any project which the
administrator determines may significantly change the environment, either during
construction or on a continuing basis, in one or more of the following respects:
A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside,
cliff, slope, creek, marsh, watercourse, or other natural landform feature.
B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground.
C. Alters or removes native grasses, trees, shrubs, or other vegetative cover.
D. Affects the appearance or character of a significant scenic area or resource, or involves
buildings or other structures that are of a size, bulk, or scale that would be in marked
contrast to natural or existing urban features.
E. Potentially results in avalanche, landslide, siltation, settlement, flood, or other land form
change or hazard to health: and safety.
F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or
pesticides, or emits smoke, gas, steam, dust, or other particulate matter.
IG. Involves any process which results in odor that may be objectionable or damaging.
H. Requires any waste treatment, cooling, or settlement pond, or requires transportation of
solid or liquid wastes to a treatment or disposal site.
I. Discharges significant volumes of solid or liquid wastes.
J. Has the potential to strain the capacity of existing or planned sewage disposal, storm
drainage, or other utility systems.
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K. Involves any process which generates noise that may be offensive or damaging.
L Either displaces significant numbers of people or results in a significant increase in
population.
M. Preempts a site with potential recreational or open space value.
N. Alters local traffic patterns or causes a significant increase in traffic volume or transit
service needs.
O. Is a part of a larger project which, at any future stage, may involve any of the impacts
listed in this section. (Ord. 29(2005) § 31: Ord. 8(1973) § 16.200)
12-12-3: EXEMPT PROJECTS:
An environmental impact report shall not be required for the following projects:
A. Alteration, repair and maintenance of existing structures and site improvements.
B. A phase of a project for which an environmental impact report previously was submitted
and reviewed covering the entire project, provided that the project was approved and not
subsequently altered.
C. A project which, on the basis of a preliminary environmental assessment covering each of
the factors prescribed in section 12-12-2 of this chapter is found to have an insignificant
impact on the environment. The preliminary environmental assessment and the finding
on environmental impact shall be made by the administrator. (Ord. 29(2005) § 31 : Ord.
8(1973) § 16.300)
12-12-4: STUDIES AND DATA REQUIRED:
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A. Range Of Studies: The environmental impact report shall be based on systematic studies
conducted by the town staff or by professional consultants, as determined by the
administrator. The environmental impact report on a public project may be prepared by
the-responsible public agency or by professional consultants it engages. The range of
studies needed to develop the technical data for an environmental impact report includes
the following natural systems and other studies:
1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground
water and soil permeability characteristics, natural water features and characteristics,
and any potential changes or impacts.
2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any
potential changes or impacts.
3. Geologic conditions, such as landforms, slope, soil characteristics, potential hazards,
and any potential changes or impacts.
4. Biotic conditions, such as vegetative characteristics, wildlife habitats, and any potential
changes or impacts.
5. Other environmental conditions, such as noise levels and odor characteristics, and any
potential changes or impacts.
6. Visual conditions, such as views and scenic values, and any potential changes,
impacts, or marked contrasts.
7. Land use conditions, such as characteristics of uses, compatibility with officially
approved land use and open space policies and objectives, and potential changes or
impacts.
8. Circulation and transportation conditions, such as volumes and traffic flow patterns,
transit service needs, alternative transit systems, and potential changes or impacts.
9. Population characteristics, such as residential densities, neighborhood patterns,
potential displacement of residents or businesses, and potential changes or impacts.
B. Summarization: The environmental impact report shall summarize the findings and
recommendations of the technical and other supporting studies in terms that can be
assessed and evaluated by town officials and the general public. Technical data shall be
submitted as supporting documentation. Technical data prepared as a part of any other
procedure or requirement of this chapter, or of any other ordinance or federal, state or
town regulation, also may be used to support an environmental impact report. (Ord.
29(2005) § 31: Ord. 8(1973) § 16.401)
12-12-5: REPORT CONTENTS:
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A. Information And Analysis: The environmental impact report shall contain information and
analysis, in sufficient detail and adequately supported by technical studies, to enable the
town council to judge the environmental impact of the project and to judge measures
proposed to reduce or negate any harmful impacts.
B. General Statement; Descriptive Materials: The environmental impact report shall include a
general statement, describing the proposed project and its purpose, identifying the owner
and/or sponsors, and, if a public project, identifying the funding source and time
schedule. Descriptive materials, maps, and plans shall be submitted showing the
following information:
1. Project boundaries and boundaries of the area within which environmental impact is
likely to be significant.
2. Present and proposed uses of the site.
3. Present and proposed zoning of the site.
4. Quantitative information relative to the project, such as site area, numbers of
residential units, proposed height and bulk of buildings, building floor area in square
feet, and such other data as will contribute to a clear understanding of the scale of the
project.
5. A list of regulatory or review agencies and the specific regulations to which the project
will be subject.
6. Copies of subdivision maps, development plans, or other pertinent documents
illustrating the proposed project.
7. Proximity to water bodies, the distance from the centerline of live creeks or streams to
any proposed structural development within the project:
8. Soil types based upon the National Cooperative Soil Survey, USDA, Soil Conservation
Service and interpretations of soil types, vegetation shall be described and three (3)
masses shown.
C. Environmental Inventory: The environmental impact report shall include an environmental
inventory, providing complete information on the environmental setting existing prior to
the proposed project and containing sufficient information to permit independent
evaluation by reviewers of factors that could be affected by the proposed project. The
environmental inventory shall include maps, photographs, or other appropriate illustrative
material.
D. Categorized By Impact Type: Areas categorized according to type of possible impact shall
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be identified. The environmental iventory shall describe both the physical and biological
natural setting, and the manmade setting of the site and its surroundings.
E. Analysis: The environmental impact report shall include a comprehensive, qualitative and
quantitative analysis of any significant impact that the proposed project will have on the
environment. The analysis shall describe temporary effects that will prevail during
construction, and long term effects that will prevail after completion. The analysis shall
describe both beneficial effects and detrimental effects. The analysis shall consider
primary effects and secondary effects which will result from the project. The analysis
portion of the environmental impact report shall fully assess the following items:
1. Adverse effects which cannot be avoided if the proposal is implemented.
2. Mitigation measures proposed to minimize the impact, including water quality, erosion
control and revegetation measures.
3. Possible alternatives to the proposed action.
4. Relationships between short term and long term uses of the environment.
5. Irreversible environmental changes resulting from implementation of the proposal.
6. Growth inducing impacts of the project. (Ord. 29(2005) § 31: Ord. 37(1980) § 10: Ord.
8(1973) § 16.402)
12-12-6: REPORT; ADDITIONAL MATERIAL:
The administrator may further prescribe the form and content of an environmental impact
report, setting forth in greater detail the factors to be considered and the manner in which the
report shall be prepared, and may require submission of information in addition to that
required by section 12-12-5 of this chapter. (Ord. 29(2005) § 31 : Ord. 8(1973) § 16.403)
12-12-7: TIME SCHEDULE:
The environmental impact report required under this chapter shall be prepared within thirty
(30) days of the date that plans are submitted for design review as prescribed in sections
12-12-4 through 12-12-6 of this chapter, subject to extension of the time period to a
maximum of ninety (90) days by the planning and environmental commission. The time
period may be extended to a maximum of one hundred eighty (180) days if seasonal
conditions prevent a comprehensive analysis. (Ord. 29(2005) § 31 : Ord. 16(1978) § 2(a):
Ord. 8(1973) § 16.404)
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12-12-8: FEE:
In the event that the town engages professional consultants to prepare an environmental
impact report, the cost shall be paid by the sponsor of the project. The sponsor may be
required to deposit a fixed sum in advance to cover the cost of the report, with the
unexpended balance returnable to the sponsor. (Ord. 29(2005) § 31 : Ord. 8(1973) § 16.405)
12-12-9: SUBMISSION OF REPORT TO OFFICIALS:
The environmental impact report shall be submitted to the administrator. The administrator
shall prescribe the number of copies to be submitted. The administrator shall notify the town
council, the planning and environmental commission, and the design review board of receipt
of an environmental impact report, and shall transmit copies of the report upon request.
Environmental impact reports shall be available for public review in the offices of the town.
(Ord. 29(2005) § 31: Ord. 8(1973) § 16.501)
12-12-10: TIME LIMIT; SUPPLEMENTARY INFORMATION:
A. Time Limit: The planning and environmental commission shall review the report within
thirty (30) days of submission subject to an extension of the time period thirty (30)
additional days in order to obtain additional information from the town staff, from the
sponsor of the project, or the author of any portion of the report.
B. Supplementary Data: The commission may receive additional statements or supporting
materials from the sponsor of a project, from the town staff, from professional
consultants, or from others. Such additional materials may be considered as
supplementary or amendatory to the environmental impact report. (Ord. 29(2005) § 31:
Ord. 16(1978) § 2(b): Ord. $(1973) § 16.502)
12-12-11 : ACTION BY COMMISSION:
A. Criteria For Decision: Following review of the environmental impact report, the planning
and environmental commission shall approve, disapprove, or request changes in the
project in writing. The planning and environmental commission shall approve the project
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unless it finds that either the project will have significant long term adverse effects on the
environment with respect to the natural systems or other factors studied as prescribed in
section 12-12-4 of this chapter or the project will have short term adverse effects on the
environment so detrimental that public health, safety or welfare considerations preclude
approval of the project. In the case of either finding, if changes in the project are feasible
which ameliorate or avoid the adverse effects on the environment sufficiently to permit
approval of the project, the planning and environmental commission, in writing, shall
describe those changes and request those changes be made. If the planning and
environmental commission determines that the changes are not feasible, it shall
disapprove the project in writing, describing the adverse effects on the environment, the
significance of the effects either to the natural systems or other factors studied as
prescribed in section 12-12-4 of this chapter or to the public health, safety or welfare and
the planning and environmental commission's reasons for concluding that no changes in
the project are feasible to ameliorate or avoid those effects.
B. Design Changes Require Resubmission To Design Review Board: If the planning and
environmental commission requests any changes in the project which would alter the
design of the project previously approved by the design review board, and the sponsor of
the project males those changes, the revised design shall be resubmitted to the design
review board for its approval unless the planning and environmental commission waives
this requirement. (Ord. 29(2005) § 31: Ord. 16(1978) § 2(b): Ord. 8(1973) § 16.603)
12-12-12: PERMIT ISSUANCE:
A. Conformance To Environmental Impact Report: Upon approval of the project, applicable
permits may be issued and the project may proceed, subject to such additional
requirements, permits, or authorizations as may be required by this title and by other
applicable ordinances or regulations of the town. No permits shall be issued and no
authorizations shall be granted which would allow a project to proceed in the event that
the planning and environmental commission does not grant approval of the
environmental impact report after review. No permits shall be issued and no
authorizations shall be granted for any project which does not conform substantially to
the description of the project contained in the environmental impact report.
B. Exception: This section shall not apply to a project for which an environmental impact
report is not required, as prescribed in section 12-12-3 of this chapter. (Ord. 29(2005)
§ 31: Ord. 16(1978) § 2(b): Ord. 8(1973) § 16.504)
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12-4-2: PERMITTED USES:
A. Listed Uses Exclusive: The listing of any use as being a permitted use in any particular
zone district shall be deemed an exclusion of such use from any other zone district
unless expressly permitted as a permitted use, conditional use or accessory use.
B. Prohibited If Not Permitted: The permitted uses, conditional uses and accessory uses in
the particular districts shall be deemed to be exclusive uses for those districts,. and any
use not specifically.permitted as a permitted use is prohibited unless a determination of
similar use is made in accordance with section 12.8-4 of this title. (Ord. 29(2005) § 21:
Ord. 50(1978) § 21)
EXHIBIT
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12-3-4: DETERMINATION OF SIMILAR USE:
A. Uses Not Listed: In order to ensure that the zoning regulations will permit similar uses in
certain prescribed commercial zones, the town council, on its initiative or upon written
request, shall determine whether a use not specifically listed as a permitted use shall be
deemed a permitted use on the basis of similarity to uses specifically listed. The
procedure prescribed in this section shall not be substituted for the amendment
procedure as a means of adding new uses to the lists of permitted uses, but shall be
followed to determine whether the characteristics of a particular use not fisted are
sufficiently similar to certain classes of permitted uses to justify a finding that the use
should be deemed a permitted use.
B. Review Use Characteristics: The administrator, upon.request of the town council,. or
written request of any person for a.determination under this section, shall review the
characteristics of any use proposed to.be determined. as similar to permitted uses, and
shall transmit a xreport to•the council advising in what respects the proposed use would
be, in fact, similar to specified permitted uses in the same zone district,.or in what
respects the proposed use would not be similar to permitted uses, or would be similar: to
uses specifically permitted only in other zone districts. After receipt of the report, the
council may determine the proposed use to be similar to uses specified as permitted
uses in the same zone district if it finds that the proposed use will not be substantially
different in its operation or other characteristics from uses specifically permitted in the
same zone district. The council shall state the basis for its determination, and the use
thereafter shall be deemed a permitted use subject to the same regulations as
specifically permitted uses in the same zone district. (Ord. 29(2005) § 19: Ord. 8(1973)
§ 21.200)
EXHIBIT
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