(A) Removal of encroachments encouraged; exceptions. Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal.
(B) Allowed modifications to existing structures. Structures lawfully established prior to the effective date hereof may be modified; provided, that such modification does not cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the existing structure.
(C) Maintenance; repair. Nonconforming structures may be maintained and repaired as necessary for the convenient, safe or efficient operation or use provided that no such maintenance or repair shall cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the structure encroached prior to such maintenance and repair.
(D) Restoration. Whenever a nonconforming structure which does not conform to the provisions of this chapter is destroyed by fire or 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. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the encroachment which existed prior to destruction.
(Ord. 18(1992) § 1; Ord. 29(2005) § 50)