HomeMy WebLinkAbout1979-45 Amending the Recreational Amenities Tax and Fund of the Vail Municipal Code, to Allow Rebates for Properties Being Taxed at a Higher Rate than Their Actual Use
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ORDINANCE N0. 45
Series of 1979
AN ORDINANCE AN~IDING THE RECREATIONAL AMENITIES
TAX AND FUND OF THE VAIL MUNICIPAL CODE, TO ALLOW
REBATES FOR PRur~rcT'IES BEING TAXED AT A HIGHER RATE
THAN THEIR ACTUAL USE; AND ~r;l•t•ING FORTH DETAILS
RELATING ~rnr;xrrly;
VJhrx~:AS, presently there is a Recreational Amenities Tax
placed on All New Devel~~«~t based on a Rate Established by Zone
Districts;
Wf~REA.S, there are certain properties within the Town of
Vail which are being required to pay a higher rate than is paid by
other properties of a similar use; and
Whr;xr:A.S, the Town Council is of the opinion that properties
should pay the rate based on its use, if the use is different from
what is generally found in that Zone District;
NOW, THEREFORE, BE 1TI' ORDAINED BY THE TOVN COUNCII, OF THE
TOWN QF VAIL, COLORADO THAT:
Section 1. The Vail Municipal Code is amended by the addition
of a new section, Section 3.36.045 which reads as follows:
3.36.045 TAX-RATE OF ASSESSMENT-EXCEPTIONS.
(A) When the actual Use of a property differs from the
normal use of properties in that Zone District, the
Rate of Asses~.~~,~t, can become the rate of that Zone
District most similar to the actual use of the property.
Such a rebate must be requested by the property owner
on a form provided by the Zoning Administrator prior
to the pay.~~.t and issuance of the Building Permit.
The request may be arN~oved by the Zoning Administrator
subject to appeal by the Town Council at their next
regularly scheduled meeting. All previously paid
building permits which fall under the conditions of
this ordinance and which were protested at the time
of pay~~~~t, shall be al~_owed to apply for this rate
exception.
Section 2. If any part, section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
-Ordinance. 45 , Page 2
Section 3. The Council hereby finds, determines and declares
that this ordinance is necessary and proper for the health, safety and
welfare of the Town of Vail and the inhabitants thereof.
INTRODix;ru, READ ON FIRST READING, APPROVID AND ORDr:Kr;i ~
PUBLISHED ONCE IN FULL THIS ~~t~ day of /L.~r. 1979, and a public
hearing on this ordinance shall be held at the regular m//e..,,eting of the
Town Council of the Town of Vail, Colorado, on the .,~~' flay of
~~ , 1979.
ATTEST:
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Mayor ~'
i ~ INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED BY
TITLE ONLY THIS t ~~ DAY OF ,~ . ,~-Lr.~: ~„` ~~'~ 1979.
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ATTEST:
Town C erk ' ~`