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Vail, CO Code of Ordinances
TOWN OF VAIL CODE OF ORDINANCES
VAIL TOWN CHARTER
TITLE 1: ADMINISTRATION
TITLE 2: REVENUE AND FINANCE
TITLE 3: BOARDS AND COMMISSIONS
TITLE 4: BUSINESS AND LICENSE REGULATIONS
TITLE 5: PUBLIC HEALTH AND SAFETY
TITLE 6: POLICE REGULATIONS
TITLE 7: MOTOR VEHICLES AND TRAFFIC
TITLE 8: PUBLIC WAYS AND PROPERTY
TITLE 9: WATER AND SEWER
TITLE 10: BUILDING REGULATIONS
TITLE 11: SIGN REGULATIONS
TITLE 12: ZONING REGULATIONS
CHAPTER 1: TITLE, PURPOSE AND APPLICABILITY
CHAPTER 2: DEFINITIONS
CHAPTER 3: ADMINISTRATION AND ENFORCEMENT
CHAPTER 4: DISTRICTS ESTABLISHED
CHAPTER 5: OFFICIAL ZONING MAP
CHAPTER 6: RESIDENTIAL DISTRICTS
CHAPTER 7: COMMERCIAL AND BUSINESS DISTRICTS
CHAPTER 8: OPEN SPACE AND RECREATION DISTRICT
CHAPTER 9: SPECIAL AND MISCELLANEOUS DISTRICTS
CHAPTER 10: OFF-STREET PARKING AND LOADING
CHAPTER 11: DESIGN REVIEW
CHAPTER 12: ENVIRONMENTAL IMPACT REPORT
CHAPTER 13: EMPLOYEE HOUSING
CHAPTER 14: SUPPLEMENTAL REGULATIONS
CHAPTER 15: GROSS RESIDENTIAL FLOOR AREA (GRFA)
CHAPTER 16: CONDITIONAL USE PERMITS
CHAPTER 17: VARIANCES
CHAPTER 18: NONCONFORMING SITES, USES, STRUCTURES AND SITE IMPROVEMENTS
CHAPTER 19: VESTED PROPERTY RIGHTS
CHAPTER 20: ANNEXED AREAS
CHAPTER 21: HAZARD REGULATIONS
CHAPTER 22: VIEW CORRIDORS
CHAPTER 23: COMMERCIAL LINKAGE
CHAPTER 24: INCLUSIONARY ZONING
CHAPTER 25: PUBLIC ART
CHAPTER 26: TRANSPORTATION IMPACT FEES
CHAPTER 27: WIRELESS SERVICE FACILITIES
TITLE 13: SUBDIVISION REGULATIONS
TITLE 14: DEVELOPMENT STANDARDS
PARALLEL REFERENCES
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§ 12-7B-5 PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR.
   (A)   Permitted uses. The following uses shall be permitted on any floor above the second floor:
      (1)   Employee housing units, as further regulated by Chapter 13 of this title;
      (2)   Lodges; and
      (3)   Multiple-family residential dwellings.
   (B)   Conditional uses. The following uses shall be permitted on any floor above the second floor, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include:
      (1)   Retail stores and establishments, including the following:
         (a)   Apparel stores;
         (b)   Art supply stores and galleries;
         (c)   Bakeries and confectioneries;
         (d)   Bookstores;
         (e)   Camera stores and photographic studios;
         (f)   Chinaware and glassware stores;
         (g)   Delicatessens and specialty food stores;
         (h)   Drugstores;
         (i)   Electronics sales and repair shops;
         (j)   Florists;
         (k)   Gift shops;
         (l)   Hobby stores;
         (m)   Jewelry stores;
         (n)   Leather goods stores;
         (o)   Liquor stores;
         (p)   Luggage stores;
         (q)   Music and record stores;
         (r)   Newsstands and tobacco stores;
         (s)   Photographic studios;
         (t)   Sporting goods stores;
         (u)   Stationery stores;
         (v)   Toy stores;
         (w)   Variety stores; and
         (x)   Yardage and dry goods stores.
      (2)   Eating and drinking establishments, including the following:
         (a)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;
         (b)   Cocktail lounges and bars;
         (c)   Coffee shops;
         (d)   Fountains and sandwich shops; and
         (e)   Restaurants.
      (3)   Professional offices, business offices, and studios;
      (4)   Banks and financial institutions;
      (5)   Personal services and repair shops, including the following:
         (a)   Beauty and barber shops;
         (b)   Business and office services;
         (c)   Small appliance repair shops;
         (d)   Tailors and dressmakers; and
         (e)   Travel and ticket agencies.
      (6)   Theaters; and
      (7)   Additional uses determined to be similar to permitted uses described in subsections (B)(1) through (B)(5) of this section in accordance with the provisions of § 12-3-4 of this title, so long as they do not encourage vehicular traffic.
(Ord. 39(2007) § 2; Ord. 1(2008) § 12; Ord. 12(2008) § 12)
§ 12-7B-6 CONDITIONAL USES; GENERALLY.
   The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:
   (A)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;
   (B)   Public buildings, grounds and facilities;
   (C)   Public park and recreation facilities;
   (D)   Public utility and public service uses; and
   (E)   Ski lifts and tows.
(Ord. 8(1973) § 8.300; Ord. 16(1975) § 3(B); Ord. 31(1989) § 8; Ord. 29(2005) § 24)
§ 12-7B-7 EXTERIOR ALTERATIONS OR MODIFICATIONS.
   (A)   Applicability. The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall require approval from the Planning and Environmental Commission (PEC).
      (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 a building in a common interest community shall be duly authorized by the condominium association.
      (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 Department of Community Development. Certain submittal requirements may be waived by the Administrator or reviewing body if the applicant demonstrates that the information and materials required are not relevant to the application. The Administrator 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)   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.
      (4)   Burden of proof. At the hearing, the applicant shall prove by a preponderance of the evidence that the proposed exterior alteration is in compliance with the purposes of the CC1 District as specified in § 12-7B-1 of this Article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; that the proposal does not otherwise negatively alter the character of the neighborhood; and that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village design considerations, including without limitation the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis.
      (5)   Approval. Approval of an exterior alteration under this Section shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping.
      (6)   Lapse of approval. Approval of an exterior alteration shall lapse and become void two years following the date of approval unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion.
      (7)   Design Review Board review. Any modification or change to the exterior facade of a building or to a site within the CC1 District shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title.
   (B)   Compliance burden. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board that the proposed building modification is in compliance with the purposes of the CC1 District as specified in § 12-7B-1 of this article; that the proposal substantially complies with the Vail Village design considerations, and that the proposal does not otherwise alter the character of the neighborhood.
(Ord. 21(1980) § 1; Ord. 25(1982) § 1(d); Ord. 41(1983) § 1; Ord. 4(1993) § 1; 1997 Code; Ord. 1(1998) § 1; Ord. 5(2003) § 6; Ord. 29(2005) § 24; Ord. 2(2024) § 1)
§ 12-7B-8 CONDITIONAL USES; FACTORS APPLICABLE.
   In considering, in accordance with Chapter 16 of this title, an application for a conditional use permit within Commercial Core 1 District, the following development factors shall be applicable:
   (A)   Effects of vehicular traffic on Commercial Core 1 District;
   (B)   Reduction of vehicular traffic in Commercial Core 1 District;
   (C)   Reduction of nonessential off-street parking;
   (D)   Control of delivery, pick up, and service vehicles;
   (E)   Development of public spaces for use by pedestrians;
   (F)   Continuance of the various commercial, residential, and public uses in Commercial Core 1 District so as to maintain the existing character of the area;
   (G)   Control quality of construction, architectural design, and landscape design in Commercial Core 1 District so as to maintain the existing character of the area; and
   (H)   Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 District.
(Ord. 16(1975) § 4; Ord. 29(2005) § 24)
§ 12-7B-9 ACCESSORY USES.
   The following accessory uses shall be permitted in the CC1 District:
   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;
   (B)   Minor arcade. Amusement devices shall not be visible or audible from any public way, street, walkway or mall area;
   (C)   Outdoor dining areas operated in conjunction with permitted eating and drinking establishments;
   (D)   Swimming pools, patios, or other recreational facilities customarily incidental to permitted residential or lodge uses; and
   (E)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.
(Ord. 8(1973) § 8.400; Ord. 16(1975) § 3(C); Ord. 6(1982) § 3(b); Ord. 29(2005) § 24)
§ 12-7B-10 LOT AREA AND SITE DIMENSIONS.
   The minimum lot or site area shall be 5,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet.
(Ord. 12(1978) § 3)
§ 12-7B-11 SETBACKS.
   There shall be no required setbacks, except as may be established pursuant to the Vail Village Design Guide Plan and Design Considerations.
(Ord. 21(1980) § 1; Ord. 29(2005) § 24)
§ 12-7B-12 HEIGHT.
   Height shall be as regulated in the Vail Village Urban Design Guide Plan and Design Considerations.
(Ord. 37(1980) § 2; Ord. 11(1982) § 2; Ord. 29(2005) § 24)
§ 12-7B-13 DENSITY CONTROL.
   (A)   Unless otherwise provided in the Vail Village Urban Design Guide Plan, not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed 25 dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half of a dwelling unit for purposes of calculating allowable units per acre.
   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.
(Ord. 21(1980) § 1; Ord. 31(2001) §§ 3, 5; Ord. 29(2005) § 24)
§ 12-7B-14 RECONSTRUCTION OF EXISTING USES; GENERALLY.
   If any building or structure located within Commercial Core 1 District on June 1, 1978, is subsequently destroyed by fire or other casualty to the degree provided in § 12-18-9 of this title, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage and height in accordance with the procedures outlined in § 12-18-9 of this title, so long as the appearance of the building or structure is the same or substantially the same as existed prior to its destruction.
(Ord. 13(1978) § 2; Ord. 19(1979) § 3(a); Ord. 29(2005) § 24)
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