HomeMy WebLinkAbout1981-35 Repealing and Reenacting Sections 18.69.090 of the Vail Municipal Code to Permit Restoration of Legal Non-Conforming Uses, Structures or Site Improvements that are Destroyed by Fire or Other Calamity or by an Act of God~ ORDI~dANCE~ 35
~' ~ Series of 1981
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AN ORDINANCE REPEALING AND
18.69.090 OF THE MUNICIPAL
VAIL TO PERMIT RESTORATION
USES, STRUCTURE5 OR SITE I
DESTROYED BY FIRE OR OTHER
OF GOD.
RE-ENACTING SECTIONS
CODE OF THE TOWN OF
OF LEGAL NON-CONFORMING
MPROVEMENTS THAT ARE
CALAMITY OR BY .AN ACT
WHEREAS, the Planning and Environmental Commission has recommended
the repeal and re-enactment of Section 18.64.090 to permit the
restoration of legal non-conforming uses, structures or site improve-
ments that are destroyed by fire, ar other calamity or by an act of
God ; and
WHEREAS, the Town Council considers such an amendment to be
appropriate and of benefit to the public health, safety and welfare
of the inhabitants of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1.
Section 18.64.090 is hereby repealed and re-enacted to read as
follows:
18.64.090 - Restoration.
A. Whenever a non-conforming use which does not conform with the regulations
for the district in which it is located or a non-conforming structure or
site improvement which does not conform with the requirements for setbacks,
height, density control, building bull control or site coverage is destroyed
by fire ar other calamity, by act of God or by the public enemy, its use may
be resumed or the structure may be restored, provided the restoration is
commenced within one year and diligently pursued to completion. All new
Construction must conform to the applicable Uniform Building Code, Uniform
Fire Code and other relevant codes regarding safety and construction which are
in effect at the time rebuilding is proposed.
8. Registration of non-conforming uses, structures or sites is required to be
submitted to the Community Development Department. The owner or representative
must submit sufficient information to insure if the use, structure or site
can be reconstructed to the original plan. Minimum information submitted should
be a site plan, a floor plan, use of structure, parking layout and landscaping.
The registration shall be made no later than two (2) years from the effective
date of this ordinance or effective date of annexation into the Town of Vail,
whichever is more restrictive.
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Section 2.
If any part, section, sub-section, sentence, clause or phrase
of this ordinance is far any reason held to be invalid, such
decisions shall not effect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, sub-section, sentence,
clause or phrase thereof, regardless of the fact that any one or
more parts, sections, sub-sections, sentences, clauses or phrases
be declared invalid.
Section 3.
The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare
of the Town of Vail and the inhabitants thereof.
Section 4.
The repeal or the repeal and re-enactment of any provision of
the Vail Municipal Code as provided in this ordinance shall not affect
any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosectuion commended,
nor any other action or proceeding has commenced under or by virtue
of the provisions repealed or repealed and re-enacted. The repeal
of any provision hereby shall nat revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL THIS ~v DAY OF OCTOBER, 1981, RND A PUBLIC HEARING ON
THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWiV
CgUNCIL OF THE TOWN OF VAIL, COLORADO ON THE ~TDAY OF OCTOBER, 1981
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`-`141 A Y O R / ~"
ATTEST:
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TOWIG CLARK
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INTRODUCED, READ, APPROVED ON SECOND READING AND ORDERED
PUBLISHED BY TITLE ONLY THIS~idz`..l DAY OE OCTOBER, 1981.
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MAYOR r - U
ATTEST:
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TOWN LERK
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