(A) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section.
(B) An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the town, or by the Administrator or his or her designee.
(1) Application information for encroachments. An application for an encroachment shall be filed with the Department of Community Development on a form to be prescribed by the Administrator. The application shall include the following information:
(a) A summary or description of the proposed encroachment;
(b) Names and addresses of property owners located within 500 feet of the proposed encroachment;
(c) Photographs of the existing view corridor. The photographs shall be marked with tape to identify the existing view corridor boundaries, and shall show the proposed encroachment. The photographs shall be taken from the view point origination at the same height as identified in the legal descriptions in § 12-22-4 of this chapter;
(d) The Department of Community Development may require models, overlays, sketches or other submittal requirements to show how the proposed encroachment could impact the protected view corridor; and
(e) An application for an encroachment 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 an encroachment application, the Department of Community Development shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, 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 encroachment 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 30 days of notification by the town.
(2) Notice and hearing procedure. Notice and hearing on an application for an encroachment into an existing view corridor shall be in accordance with § 12-22-5(B) of this chapter.
(3) Criteria for encroachment. No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria:
(a) That the literal enforcement of this chapter would preclude a reasonable development of a proposed structure on the applicant’s land;
(b) That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter;
(c) That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces or public views;
(d) That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans and other adapted master plans; and
(e) That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view.
(Ord. 18(1992) § 1; Ord. 29(2005) § 49; Ord. 10(2012) § 2)