HomeMy WebLinkAbout2016-26 Amending Sections 122 and 14-10 related to the Regulation of Greenhouses and Hoop Houses/Cold FramesORDINANCE NO. 26
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS AND 14-10: DESIGN
REVIEW STANDARDS AND GUIDELINES RELATED TO THE REGULATION OF
GREENHOUSES AND HOOP HOUSES/COLD FRAMES.
WHEREAS, the Vail Town Council wishes to provide opportunities for residents
to participate in growing food or ornamental crops within a minimal regulatory
framework while reducing the potential impact on neighboring properties;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed prescribed regulations amendment and on
September 12, 2016 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as
follows:
Sec. 12-2-2: Definitions of Words and Terms.
GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily
of glass or other rigid translucent material, which is devoted to the protection or
cultivation of food or ornamental crops.
HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the
purpose of growing crops and/or for protecting seedlings and plants from cold
weather but not containing any mechanical or electrical systems or storage of
any items.
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Section 2. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
B. The same or similar building materials and colors shall be used on main
structures and any accessory structures upon the site. Translucent components
of greenhouses shall be exempt from this requirement.
Section 3. Section 14-10-10 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-10: Accessory Structures; Utilities; Service Area.
G. Greenhouses, when permitted, shall be subject to the following standards:
1. All wall and roofing materials shall be constructed of rigid material and
shall not include polyethylene or other similar flexible films.
2. All non -translucent elements including framing and doors shall be
painted to be compatible with the site and surrounding buildings.
3. No internal lighting shall be permitted between the hours of 9:00 P.M.
and 6:00 A.M. Exterior lighting shall comply with Section 7 of this
Chapter.
4. All greenhouses shall be subject to the development standards for the
zone district for which they are located.
5. Greenhouses shall not be used for storage of household items,
vehicles, watercraft or other items not associated with the cultivation of
food or ornamental crops.
H. Hoop House/Cold Frame, when permitted, shall be subject to the following
standards:
1. Hoop house/cold frame shall be four (4) feet in height or less and be
120 square feet or less in floor area.
2. Hoop houses/cold frames shall meet the Deck (Not Ground Level)
setback requirements as defined in Section 1 of Chapter 2 of this title
and summarized in Section 1 of Chapter 8 of this title.
3. One hoop house/cold frame shall be permitted per dwelling unit.
4. Hoop houses/cold frames shall be exempt from design review.
5. Hoop houses/cold frames shall not be used for storage of any kind.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
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would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. The amendment of any provision of the Vail Town Code in this
ordinance, shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4t11 day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1:th day of October,
2016, in the Council Chambers of the Vail Muni •000 :.'Id orado.
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ATTEST:
READ ANVED ON SECOND READING AND ORD
this 18th day of October, 2016.
RED PUBLISHED
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