The provisions of this chapter shall be effective in all zone districts or, where specified, in particular zone districts, and shall be in addition to the regulations prescribed for each zone district.

(Ord. 8(1973) Art. 17; Ord. 29(2005) § 33)

   Where a building is designed to have the appearance of separate, identifiable structures joined only by lower portions of the same structure, or adjoining for less than 25% of the perimeter of the portion of the structure to another portion of the structure, each separate or identifiable portion may be considered a separate structure for the purpose of determining height limits. Determination of portions of a structure having the appearance of separate, identifiable structures shall be made by the Administrator.

(Ord. 8(1973) § 17.208; Ord. 29(2005) § 33)

   Where a lot or site does not have frontage on a street, or where access is by means of an easement or other right over adjoining properties, by means of an extension of a portion of the site, or by means of a private driveway, road or street, the line where principal access to the lot is attained shall be deemed the front lot line, and setback areas shall be determined from said front lot line. A portion of a lot or site less than 20 feet in width providing access from a street to the principal portion of the site shall not be used in calculating permitted gross residential floor area on the site.

(Ord. 8(1973) § 17.209; Ord. 29(2005) § 33)

   (A)   Permit required. The conduct of a home occupation, where permitted as an accessory use by the provisions of this title, shall be subject to issuance of a home occupation permit by the Administrator. Application shall be made on a form prescribed by the Administrator, and shall be accompanied by a statement fully describing the nature of the home occupation, including hours of operation, equipment or machinery to be used, anticipated number of customers, clients or students, and other features of the home occupation. The application shall describe in detail the manner in which the home occupation will conform to the requirements of this chapter.

   (B)   Application contents. An application for a home occupation permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans and other material as requested by the Administrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance and title reports.

   (C)   Permit issuance and findings. After review of the application, the Administrator may issue a home occupation permit if he or she finds that the proposed use will conform to the requirements of this chapter. The permit may be subject to such conditions as the Administrator deems necessary to guarantee operation of the home occupation in accordance with the requirements of this chapter and compatibly with other uses in the vicinity. The Administrator shall deny the application if he or she finds that the proposed use will not conform to the provisions of this chapter, or would be injurious or detrimental to other properties in the vicinity.

   (D)   Permit time limit; renewal. Home occupation permits, when issued, shall be for a limited time period not exceeding one year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Administrator shall make the same findings with respect to an application for renewal as for the original issuance of a home occupation permit.

   (E)   Requirements for permit. Where permitted, home occupations shall be subject to the following limitations.

      (1)   The use shall be conducted entirely within a dwelling and carried on principally by the inhabitants thereof. A home child daycare facility shall be exempt from this requirement to allow outdoor play areas.

      (2)   Employees, other than inhabitants of the dwelling, shall not exceed one person at any time.

      (3)   The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character of the property and neighborhood.

      (4)   The total floor area used for the home occupation shall not exceed one-fourth of the gross residential floor area of the dwelling, nor exceed 500 square feet. Home child daycare facilities shall not exceed one-half of the gross residential floor area of the dwelling, nor 1,250 square feet.

      (5)   There shall be no advertising, display or other indication of the home occupation on the premises.

      (6)   Selling stocks, supplies or products on the premises shall not be permitted, provided that incidental retail sales may be made in connection with other permitted home occupations.

      (7)   There shall be no exterior storage on the premises of material used in the home occupation.

      (8)   There shall be no noise, vibration, smoke, dust, odor, heat or glare noticeable at or beyond the property line, as a result of the home occupation. A home child daycare facility shall be exempt from this requirement to allow outdoor play areas.

      (9)   A home occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings and shall not interfere with parking, access or other normal activities on adjacent properties, or with other units in a multi-family residential development.

      (10)   No parking or storage of commercial vehicles in association with a home occupation permit shall be permitted on the site.

   (F)   Interpretation.

      (1)   For purposes of this chapter, provided that all requirements prescribed in this chapter are met, the following examples shall be considered home occupations:

         (a)   Activities conducted principally by telephone or mail order;

         (b)   Studios and activities producing light handcrafts or objects of art;

         (c)   Teaching and tutoring instruction limited to two pupils at a time;

         (d)   Dressmaking or apparel alterations; and

         (e)   Home child daycare facility.

      (2)   A home occupation shall not include: a clinic, funeral home, nursing home, tearoom, restaurant, antique shop, veterinarian’s office or any similar use.

   (G)   Permit revocation or discontinuance.

      (1)   A home occupation permit may be revoked by the Administrator if he or she determines that the provisions of this chapter or the limitations prescribed as a condition of the permit are being violated.

      (2)   A home occupation permit shall become void if not used within two months of issuance, or if the use for which it was issued is discontinued for a continuous period of six months.

(Ord. 8(1973) §§ 17.301 – 17.306; Ord. 17(2001) § 2; Ord. 29(2005) § 33)

   The regulations set out in § 12-14-14 of this chapter shall be applicable to the uses listed in that section in any zone district in which the use is a permitted use or a conditional use.

(Ord. 8(1973) § 17.400; Ord. 29(2005) § 33)

   (A)   In districts where restaurants, bars or similar uses are allowed, they shall be subject to the following requirement.

   (B)   Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units.

   (C)   Windows may be treated with appropriate covering.

(Ord. 8(1973) § 17.401; Ord. 19(1976) § 15; Ord. 11(2005) § 1)

   All signs shall be regulated in accordance with the provisions of Title 11 of this code. The Town Council may by ordinance provide for the administration and enforcement of the provisions of Title 11 of this code by the Administrator or other administrative official, and may provide for review and approval procedures pursuant to Title 11 of this code by the Design Review Board established by this title.

(Ord. 8(1973) § 17.500; Ord. 29(2005) § 33)

   Property owners shall be responsible for improving the area from their property line to the edge of roadway, including necessary drainage. Improvement of the area shall be designed so as not to impede snowplowing or impair visibility at street intersections, which improvement shall be approved by the Department of Public Works.

(Ord. 8(1973) § 17.700; Ord. 19(1976) § 15; Ord. 29(2005) § 33)

   (A)   Definition. See section 12-2-2 of this title for definition of “bed and breakfast”.

   (B)   Location and criteria. Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to Chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements.

      (1)   Off-street designated parking shall be required as follows: one space for the owner/proprietor plus one space for the first bedroom rented plus one-half space for each additional bedroom rented.

      (2)   Enclosed trash facilities and regular garbage removal service shall be provided.

      (3)   Removal of landscaping for the provision of additional parking is strongly discouraged.

      (4)   Each bed and breakfast shall be allowed one residential “nameplate” sign as defined and regulated by the town sign code.

      (5)   If a bed and breakfast operation shall use property or facilities owned in common and/or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association shall be required to be submitted with the application for a conditional use permit.

      (6)   A bed and breakfast operation may short term rent separately up to three bedrooms or a maximum square footage of 900 square feet of the dwelling unit. Bed and breakfast operations shall only be permitted to accommodate a “family” as defined in § 12-2-2 of this title.

   (C)   Compliance. It shall be unlawful for a bed and breakfast operation to do business without a conditional use permit from the Planning and Environmental Commission after June 12, 1990, or to operate in violation of any of the provisions of this code.

   (D)   Discontinuance. Any bed and breakfast operation which is discontinued for a period of 12 months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions of this title.

   (E)   Review of decision. The Town Council, the applicant, adjacent property owner or the Town Manager, may appeal/call up to the Town Council for review any decision made by the Planning and Environmental Commission regarding a conditional use permit for bed and breakfast as per § 12-3-3 of this title.

(Ord. 31(1989) §§ 16-119; Ord. 7(1996) § 8; 1997 Code; Ord. 31(2001) § 4; Ord. 29(2005) § 33; Ord. 27(2016) § 3)

   (A)   Purpose. The purposes of this section are as follows:

      (1)   To protect the health and safety of the inhabitants of the town by setting forth requirements for the installation of satellite dish antennas;

      (2)   To protect and support the aesthetic concerns of the town, a resort community which must remain aesthetically pleasing to visitors to remain economically viable; and

      (3)   To provide the protection set forth in subsections (A)(1) and (A)(2) of this section in the least restrictive manner possible.

   (B)   Definition. See § 12-2-2 of this title for definition of “satellite dish antenna”.

   (C)   Application; review.

      (1)   Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the town shall submit an application to the Department of Community Development for review.

      (2)   The application shall set forth the following:

         (a)   Completed Design Review Board application form;

         (b)   Site plan showing proposed location of the satellite dish antenna;

         (c)   Description of the satellite dish antenna (i.e., size, design, materials and the like);

         (d)   Color sample (if applicable);

         (e)   Landscape plan (if applicable);

         (f)   An improvement location certificate and/or a preliminary title report; and

         (g)   Elevations, perspectives or renderings if deemed applicable by the staff of the Department of Community Development.

      (3)   Upon receipt of application, it shall be reviewed by the Department of Community Development. If the Department of Community Development determines that the requirements set forth herein have been met, they shall forward the application to the Design Review Board for consideration of whether or not the satellite dish antenna meets the requirements set forth in § 12-11-5 of this title.

   (D)   Compliance with requirements; variance.

      (1)   Requirements. Satellite dish antennas shall comply with the following requirements.

         (a)   No more than one satellite dish antenna shall be allowed on any lot as delineated on the official zoning map.

         (b)   The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum period of one day. Only three temporary installations shall be allowed per business or residence per year.

         (c)   The maximum height allowed for any satellite dish antenna, when measured from the top of the satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not exceed 15 feet.

         (d)   The maximum size of any satellite dish antenna installed for use by a single residence or business shall be limited to nine feet in diameter. Satellite dish antennas serving multi-family dwellings shall be limited to a maximum of 12 feet in diameter.

         (e)   No advertising, logos or identification shall be allowed on any satellite dish antenna.

         (f)   Satellite dish antennas shall comply with the existing setback requirements of the zone district in which the satellite dish antenna is installed. Satellite dish antennas shall be prohibited in easements and public rights-of-way. No portion of a satellite dish antenna or its supporting structure shall encroach into the vertical plane as drawn from an existing easement or setback line.

         (g)   Issuance of a building permit from the Department of Community Development shall be required prior to the installation of any satellite dish antenna.

         (h)   Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in § 12-3-6(C) of this title. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the Department of Community Development by the applicant.

         (i)   Due to the special aesthetic importance of the core areas of the town, exterior installations of satellite dish antennas in Commercial Cores 1, 2, Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure.

      (2)   Variance. A variance may be requested from any of the provisions of this section. The procedures for obtaining a variance shall be set forth in Chapter 17 of this title.

(Ord. 9(1985) § 1; 1997 Code; Ord. 3(1999) § 7; Ord. 29(2005) § 33)

   (A)   Endorsement. The Town Council hereby endorses the commercial core construction mitigation sign and construction fencing package (available for public inspection at the offices of the Town Clerk of the Town of Vail).

   (B)   Regulations. In order to facilitate the implementation of the commercial core construction mitigation sign and construction fencing package, the following process shall be substituted for the customary zoning, design review and sign review as set forth in this code.

      (1)   All temporary signs, construction fencing and other temporary improvements which comply with the commercial core construction mitigation sign and construction fencing package necessary for the mitigation of construction impacts in Vail’s commercial cores shall be administered by the Public Works Department Director or his or her designee.

      (2)   (a)   If town staff and a private retailer disagree on the inclusion of their business signage on the general and direct business impact mitigation signage, that retailer shall have the right to appeal the decision of staff to a three person panel comprised of the Town Manager, Director of Public Works and Director of Community Development. This three person panel shall have two business days to convene and make a ruling on the appeal.

         (b)   Should the private retailer still feel that an incorrect decision was made, they can then appeal the panel’s decision to Town Council. Appeal to Town Council shall occur after this code’s requirements for appeals are met.

   (C)   Termination of section. The authority granted pursuant to this section shall terminate on April 1, 2011, unless sooner extended or terminated by separate ordinance of the Council.

(Ord. 10(2005) §§ 1 – 3; Ord. 4(2008) § 1; Ord. 8(2010) § 1)

   (A)   Purpose. The purpose of this section is to establish regulations for the outdoor display of goods by retail establishments.

   (B)   Applicability. Outdoor display of goods shall be permitted by retail establishments in the following zone districts and shall be prohibited in all zone districts not listed:

      (1)   Housing (H) District;

      (2)   Commercial Core 1 (CC1) District;

      (3)   Commercial Core 2 (CC2) District;

      (4)   Commercial Core 3 (CC3) District;

      (5)   Commercial Service Center (CSC) District;

      (6)   Lionshead Mixed Use 1 (LMU-1) District;

      (7)   Lionshead Mixed Use 2 (LMU-2) District; and

      (8)   Ski Base/Recreation 2 (SBR2) District.

   (C)   Permit not required. Outdoor display on private property, where permitted by the provisions of this title, are not subject to design review. A permit is required to obtain a license to utilize town owned property for outdoor display of goods by retail establishments, per Title 8, Chapter 7 of this code.

   (D)   Requirements for outdoor display. Where permitted, outdoor display shall be subject to the following limitations.

      (1)   Location. The area used for an outdoor display shall be located directly in front of the retail establishment displaying the goods. Outdoor display shall be entirely upon the establishment’s own property unless the retail establishment is permitted to utilize town owned property, per the requirements in Title 8, Chapter 7 of this code.

      (2)   Circulation. Outdoor display shall not impede circulation and thus, shall not block or encroach upon the required ingress/egress of doorways, walkways, stairways and parking or loading/delivery spaces.

      (3)   Street and sidewalk width. A minimum street width of 22 feet shall be maintained in order to allow for emergency vehicle access. Sidewalks shall remain a minimum width of six feet. Connection of exit discharge to the public way, as required by the adopted Building Code, shall not be blocked.

      (4)   Public safety. Outdoor display shall not pose any risks to public safety, shall not block or encroach upon any fire lane, and shall maintain a minimum distance to fire hydrants of seven feet to side or rear, and 14 feet to the front.

      (5)   Aesthetics. Outdoor display shall not negatively impact established view corridors or acknowledged “postcard” images and shall not visually detract from or block storefront or shop window.

      (6)   Outdoor display fixtures. Outdoor display fixtures shall be freestanding, temporary in nature, and shall be removed from the exterior location when the business is closed.

      (7)   Height. No part of any outdoor display shall extend more than six feet above existing grade.

      (8)   Signage. Sale signs may be permitted on outdoor displays, as regulated by Title 11, Chapter 6 of this code. No other signage is permitted on or adjacent to outdoor displays that is not otherwise approved by the Administrator, subject to the regulations of Title 11 of this code.

      (9)   Cardboard boxes prohibited. Outdoor display of goods shall not include any cardboard boxes, unless part of individual packaging of goods.

      (10)   Code compliance. All aspects of the outdoor display shall remain in compliance with this code and the Vail Comprehensive Plan.

(Ord. 32(2007) § 13)