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Vail Overview
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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§ 12-7C-2 REQUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PLAN.
   (A)   Review required. Prior to the establishment of any Commercial Core 2 District or enlargement of any existing Commercial Core 2 District by change of zone district boundaries, the Town Council shall by resolution adopt a general development plan for the proposed zone district. The general development plan may be prepared by an applicant for the establishment of such zone district or may be prepared by the town. The development plan shall be submitted to the Planning and Environmental Commission for review, and the Planning and Environmental Commission shall submit its findings and recommendations on the plan to the Town Council.
   (B)   Development plan content. The Administrator shall establish the submittal requirements for a development plan application.
      (1)   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.
      (2)   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.
   (C)   Plan used as guide. The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Design Review Board in accordance with Chapter 11 of this title, shall substantially conform to the development plan adopted by the Town Council.
(Ord. 8(1973) § 9.200; Ord. 31(2001) § 8; Ord. 5(2003) § 7; Ord. 29(2005) § 24)
§ 12-7C-3 PERMITTED AND CONDITIONAL USES.
   In the CC2 District, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District as prescribed by §§ 12-7B-2 through 12-7B-5 of this chapter. Retail stores and establishments shall not occupy more than 8,000 square feet of floor area.
(Ord. 8(1973) § 9.300; Ord. 50(1978) § 7; Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-4 CONDITIONAL USES; GENERALLY.
   The following conditional uses shall be permitted, subject to 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)   Brewpubs;
   (C)   Commercial storage;
   (D)   Laundromats;
   (E)   Public buildings, grounds and facilities;
   (F)   Public park and recreation facilities;
   (G)   Public utility and public service uses;
   (H)   Religious institutions;
   (I)   Ski lifts and tows;
   (J)   Television stations; and
   (K)   Theaters, meeting rooms and convention facilities.
(Ord. 8(1973) § 9.400; Ord. 50(1978) § 8; Ord. 8(1981) § 2; Ord. 21(1983) § 1; Ord. 31(1989) § 9; Ord. 23(1990) § 1; Ord. 16(1996) § 1; Ord. 10(1998) §§ 5, 6, 7; Ord. 31(2001) § 8; Ord. 29(2005) § 24; Ord. 2(2016) § 9)
§ 12-7C-5 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)   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 CC2 District as specified in § 12-7C-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.
      (4)   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.
      (5)   Lapse of approval. Approval of an exterior alteration shall lapse and become void two years following the date of approval by the Planning and Environmental Commission unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion.
      (6)   Design Review Board review. Any modification or change to the exterior facade of a building or to a site within the CC2 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 CC2 District as specified in § 12-7C-1 of this article; that the proposal substantially complies with the Vail Village design considerations or that the proposal does not otherwise alter the character of the neighborhood.
(Ord. 21(1980) § 2; Ord. 25(1982) § 1(e); Ord. 4(1983) § 1; Ord. 7(1984) § 1; Ord. 4(1993) § 2; 1997 Code; Ord. 1(1998) § 1; Ord. 31(2001) § 8; Ord. 5(2003) § 8; Ord. 29(2005) § 24; Ord. 2(2024) § 2)
Editor’s note:
   The submittal deadlines contained in subsection (A)(3) of this section are hereby waived for project applications for the 1998 calendar year.
§ 12-7C-6 ACCESSORY USES.
   The following accessory uses shall be permitted in the CC2 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 arcades. Amusement devices shall not be visible or audible from public way, street, walkway or mall area;
   (C)   Outdoor dining areas operated in conjunction with permitted eating and drinking establishments;
   (D)   Swimming pools, tennis courts, patios or other recreation 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) § 9.500; Ord. 6(1982) § 4(a); Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-7 LOT AREA AND SITE DIMENSIONS.
   The minimum lot or site area shall be 10,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries.
(Ord. 12(1978) § 3; Ord. 31(2001) § 8)
§ 12-7C-8 SETBACKS.
   In the CC2 District the minimum front setback shall be ten feet; the minimum side setback shall be ten feet; and the minimum rear setback shall be ten feet unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.
(Ord. 21(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-9 HEIGHT.
   For a flat roof or mansard roof, the height of buildings shall not exceed 45 feet. For a sloping roof, the height of buildings shall not exceed 48 feet. These restrictions pertain unless otherwise specified by the Vail Village Urban Design Guide Plan and urban design considerations.
(Ord. 37(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-10 DENSITY CONTROL.
   Unless otherwise specified 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. 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) § ; Ord. 31(2001) §§ 3, 5, 8; Ord. 29(2005) § 24)
§ 12-7C-11 SITE COVERAGE.
   Site coverage shall not exceed 70% of the total site area, unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.
(Ord. 21(1980) § 2; Ord. 17(1991) § 9; Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-12 LANDSCAPING AND SITE DEVELOPMENT.
   At least 20% of the total site area shall be landscaped unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.
(Ord. 21(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)
§ 12-7C-13 PARKING AND LOADING.
   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area.
(Ord. 8(1973) § 9.610; Ord. 31(2001) § 8)
§ 12-7C-14 LOCATION OF BUSINESS ACTIVITY.
   (A)   Limitations; exception. All offices, businesses and services permitted by § 12-7C-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas 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. 8(1973) § 9.611; Ord. 34(1982) § 2; Ord. 31(2001) § 8; Ord. 11(2019) § 2)
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