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§ 12-7A-12 EXTERIOR ALTERATIONS OR MODIFICATIONS.
   (A)   Review required. The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this chapter and § 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. The following submittal items are required.
      (1)   Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.
      (2)   Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.
      (3)   Work sessions/conceptual review. If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council.
      (4)   Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.
      (5)   Lapse of approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void three years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed.
(Ord. 23(1999) § 1; Ord. 31(2001) § 7; Ord. 5(2003) § 5; Ord. 29(2005) § 24)
§ 12-7A-13 COMPLIANCE BURDEN.
   It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation District, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.
(Ord. 23(1999) § 1; Ord. 29(2005) § 24)
§ 12-7A-14 MITIGATION OF DEVELOPMENT IMPACTS.
   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing; roadway improvements; pedestrian walkway improvements; streetscape improvements; stream tract/bank restoration; loading/delivery; public art improvements; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts.
(Ord. 23(1999) § 1; Ord. 29(2005) § 24)
§ 12-7A-15 ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES.
   For any gross residential floor area added to a public accommodation zoned property following the effective date hereof, a minimum of 70% of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation shall not apply to gross residential floor area being added in accordance with §§ 12-15-4 and 12-15-5 of this title.
(Ord. 23(1999) § 1)
§ 12-7A-16 LOCATION OF BUSINESS ACTIVITY.
   (A)   Limitations; exception. All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.
   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.
(Ord. 11(2019) § 9)
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