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HomeMy WebLinkAbout1982- 6 Amends SDD2, SDD3, SDD4, SDD5, SDD7, SDD8, SDD10, SDD11T ~ ~ ~. ~ ~ ORDINANCE N0, 6 (Series of 1982) AN ORDINANCE AMENDING CHAPTER 18,04 OF THE VAIL MUNICIPAL CODE BY ADDING SECTIONS CONCERNING DEFINITIONS OF MAJOR ARCADE,-MINOR ARCADE AND AMUSEMENT DEVICE; AMENDING THE CONDITIONAL AND ACCESSORY USE SECTIONS OF CHAPTERS 18.22, 18.24 ,18.27, 18.28, 18,34, 18.36, 18.41, 18.42, 18,46, 18.48, ORDINANCE N0. 8, SERIES 1978, ORDINANCE N0. 7, SERIES 1979, AND ORDINANCE N0, 26, SERIES 1981 OF THE VAIL MUNICIPAL CODE TO PERMIT MAJOR AND MINOR ARCADES; AMENDING CHAPTERS 18.26 AND 18.44 OF THE VAIL MUNICIPAL CODE TO ALLOW MINOR ARCADES AS ACCESSORY USES; AND OTHER MATTERS PERTAINING TO SAID AMENDMENTS. WHEREAS, the Town Council is of the opinion that arcades should be subject to a zoning regulation; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has duly recommended approval of zoning provisions for arcades as contained herein; and WHEREAS, the Town Council is of the opinion that said amendments are necessary to protect the 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: Chapter 18.04 of the zoning code, entitled "Definition," is amended to include the following sections: a. 18,04.005 Amusement Device "Amusement device" shall mean 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, b, 18,04.252 Major Arcade "Major arcade" shall mean a place of business where an individual, association, partnership or corporation maintains five or more amusement devices. t ~, c. 18.04.254 Minor Arcade "Minor arcade'' shall mean a place of business where an individual, association,-partnership or corporation maintains four or fewer amusement devices. Section 2 Chapter 18.34, Parking District, of the Vail Municipal Code, is hereby amended as follows: a. Section 18.34.030,, Conditional Uses, is hereby amended with the addition of paragraph p to read as follows: D. Major arcade b, Section 18.34.040,~Accessory Uses, is repealed and reenacted as follows. 18.34,040 Accessory Uses A. Minor arcade Section 3 Chapter 18.24,: Commercial Core I, of the Vail Municipal Code, is hereby amended as follows: a. Paragraph 18.24.020.c is amended by adding subparagraph 8 to read as follows: 8. Major arcade, ~so long as it does not have any exterior frontaye on any public way, street, walkway, or mall area. Amusement devices shall not be visible or audible from any public way, street, walkway or mall area. __ b. Paragraph 18.24.080 Accessory Uses, is amended by the addition of paragraph E to read as follows: E. Minor arcade. Amusement devices shall not be visible or audible from any public way, street, walkway or mall area. Section 4 Chapter 18.26, Commercial Core II of the Vail Municipal Code, is hereby amended as follows: a. Section 18.26.050, Accessory Uses, is amended by the addition of paragraph E to read as follows: E. Minor arcade. Amusement devices shall not be visible or audible from public way, street, walkway or mall area. Section 5 Chapter 18.27, Commercial Core III of the Vail Municipal Code is hereby amended as follows: a. Paragraph 18.27.030 H is repealed and reenacted to read as follows: H, Major arcade. b. Section 18,27 042,-Accessory Uses, is amended by the addition of paragraph D to read as follows: D. Minor arcade Section 6 Chapter 18.28, Commercial Service Center, of the Vail Municipal Code, is hereby amended as follows: a, Paragraph 18.28.040 H is repealed and reenacted as follows: H. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area.. b. Section 18.28.050, Accessory uses, is amended with the addition of paragraph D to read as follows: D, Minor arcade Secti~~n 7 Chapter 18,36, Public Use District, of the Vail Municipal Code, is hereby amended as follows: a. Section 18.36.030,-Conditional uses, is amended with the addition of paragraph Q to read as follows: Q. Major arcade b. Section 18.36,040, Accessory uses, is amended with the addition of paragraph A to read as follows: A, Minor arcade Section 8 Chapter 18.22,~Public Accommodation., is hereby amended to read as follows: a, Section 18.22.030, Conditional Uses, is amended with the addition of paragraph M to read as follows: M. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. b. Section 18.22.040;.~Accessory Uses, is amended with the addition of paragraph D to read as follows: D. Minor arcade ~ r ~ Section 9 Chapter 18.42, Special Development District 2 Code -~is hereby amended to read as follows: (Northwoods), of the Vail Municipal a. Section 18.42.060, Conditional Uses, is amended with the addition of paragraph E to read as follows: E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. b. Section 18.42.070, Accessory Uses, is amended with the addition of para- graph E to read as follows: E. Minor arcade Section 10 Chapter 18.44, Special Development District 3 (Pitkin Creek Park), of the Vail Municipal Code, is hereby amended to read as follows: a. Section 18.44.070, Accessory Uses, is amended with the addition of para- graph D to read as follows: D. Minor arcade- Sects on 11 Chapter 18.46, Special Development District 4 (Cascade Village) of the Vail Municipal Code is hereby amended to read as follows: a. Section 18.46,060,-Conditional Uses, is amended with the addition of para- graph A to read as follows: A. Major arcade Aso long as it does not have any exterior frontage on any public way, street, walkway, or mall area. b. Section 18.46.070, Accessory Uses, is amended with the addition of para- graph D to read as follows: D. The following accessory use shall be permitted in Development Area A: Minor arcade Section 12 Chapter 18.48,~Special Development District 5 (Simba Run and Vail Run) of the Vail Municipal Code is hereby amended to read as follows: a, Section 18.48.070, Conditional Uses, is amended with the addition of paragraph F to read as follows: F. Major arcade, so long as it does not have any exterior frontage on any public way, street,-walkway, or mall area. b. Section 18.48.080,~Accessory Uses, is amended with the addition of paragraph D to read as follows: D. Minor arcade 5- ,, .. Section 13 Ordinance No. 8,. Series 1973, Special Development District 7 (The Mark) of the Vail Municipal Code is hereby amended as follows: a. Section 8, Conditional Uses in the Spec i1 District, is amended with the addition of paragraph I to read as follows: I. Major arcade, so long as it does not have any exterior frontage on any public way., street, walkway, or mall area. b, Section 9, Accessory Uses in the Special District, is amended with the addition of paragraph B to read as follows: B. Minor arcade Section 14 Chapter 18,41,=Special Development District 8 (Fallridge) of the Vail Municipal code is hereby amended to read as follows: a, Section 18.41.040, Conditional Uses, is amended with the addition of paragraph F to read as follows: F, Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area, b. Section 18.41.040, Accessory Uses, is amended with the addition of para- graph D to read as follows: D. Minor arcade Section 15 Ordinance No. 7,-,Series 1979, Special Development District No. 10 (Valli Hi), is hereby amended to read as follows: a_. Section F, paragraph v, is amended by deleting an inside recreation room with ping pong and foosball tables" and adding in its p1 ace "a major or minor arcade." Sects on 16 Ordinance 26, Series 1981;~-Special Development District No. 11 (Highland Park) of the Vail Municipal code is hereby amended to read as follows: a. Section 5,--paragraph B, subparagraph vi is amended to read as follows: VI, Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. b, Section 5, paragraph c, subparagraph iv is amended to read as follows: iv. Minor arcade tion 17 -6~ Ater 18.36, Public Use District,-of the Vail Municipal Code., is hereby amended follows: a. Section 18.36.030,.~Conditional Uses, is hereby amended with the addition of paragraph Q to read as follows: Q, Major arcade b Section 18.36.040 Accessory uses,. is herby repealed and reenacted as follows: 18.36.040 Accessory Uses A. Minor arcade ,: ~ • « • • Section 18. The repeal or the repeal and reenactment of any provision of the Vail h~unicipal Code as provided in this ordinance shall not affect any right ~~~hich has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any ocher action or preceeding has commenced under or by virtue of the provisions repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superceded unless expressly stated herein. Section 19, If any part, section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decisions 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, sub-section, sentence, clause, or phrase thereof, regardless of the fact that any one or more parts, section, sub-sections, sentences, clauses, or phrases be declared invalid. Section 20, 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. INTRODUCED, RE.-'~D ON FIRST READING, APPROVED AITD ORDERED PUBLISHED ONCE IiJ FULL THIS 16th DAY OF MARCH, 1982 AND A PUBLIC HEARING ON THIS ORDINANCE S:iALL BE HELD AT THE REGULAR MEETING OF THE T0~'r'N COL'hCIL OF THE TO~tiI~ OF VAIL, COLORADO ON THE _6th DAY OF April, 1982. J!f ~ S ~o~:f ~< ~ '.layor ~ ATTEST 'T'own C] c'rk ~~: INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY THIS 20th day of April, 1982. Rodney E. Slifer, Ul~,br ATTEST: Colle~ri Kline, flown Clerk a .~ ~1