In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

(Ord. 8(1973) § 18.100)

   Application for a conditional use permit shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans and other material containing the following information:

   (A)   Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

   (B)   Legal description, street address and other identifying data concerning the site;

   (C)   A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity;

   (D)   A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area, and utilities and drainage features;

   (E)   Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale and interior plan of all buildings;

   (F)   Such additional material as the Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit as prescribed in § 12-16-6 of this chapter;

   (G)   A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing; provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent of the condominium project, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant’s responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid; and

   (H)   If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association shall be required. This can be either in the form of a letter of approval or signature on the application.

(Ord. 8(1973) § 18.200; Ord. 16(1978) § 4(a); Ord. 30(1978) § 1; Ord. 50(1978) § 15; Ord. 49(1991) § 1; Ord. 24(2000) § 2; Ord. 29(2005) § 38; Ord. 27(2016) § 6)

   The Town Council shall set a conditional use permit fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable.

(Ord. 8(1973) § 18.300; Ord. 29(2005) § 38)

   Upon receipt of a conditional use permit application, the Planning and Environmental Commission shall set a date for hearing in accordance with § 12-3-6(B) of this title. Notice shall be given, and the hearing shall be conducted in accordance with § 12-3-6(C) and (D) of this title.

(Ord. 8(1973) § 18.400; Ord. 29(2005) § 38)

   (A)   Possible range of action. Within 30 days of the application for a public hearing on a conditional use permit, the Planning and Environmental Commission shall act on the application. The Commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the Commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards for maintenance of buildings and grounds; and prescription of development schedules.

   (B)   Variances. A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in Chapter 17 of this title.

(Ord. 8(1973) § 18.500; Ord. 16(1978) § 4(b); Ord. 29(2005) § 38)

   (A)   Factors enumerated. Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use:

      (1)   Relationship and impact of the use on development objectives of the town;

      (2)   Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs;

      (3)   Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability and removal of snow from the streets and parking areas;

      (4)   Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses;

      (5)   Such other factors and criteria as the Commission deems applicable to the proposed use; and

      (6)   The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this title.

   (B)   Necessary findings. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit:

      (1)   That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located;

      (2)   That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

      (3)   That the proposed use will comply with each of the applicable provisions of this title.

(Ord. 8(1973) § 18.600; Ord. 36(1980) § 1; Ord. 22(1996) § 3; Ord. 10(1998) § 9; Ord. 29(2005) § 38)

   (A)   Generally. The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by § 12-16-6 of this chapter.

   (B)   Uses and criteria.

      (1)   Bakeries and confectioneries. The use shall be restricted to preparation of products specifically for sale on the premises.

      (2)   Beauty and barber shops. Within the Commercial Core 1 and Commercial Core 2 Zone Districts, beauty and barber shops shall have no exterior frontage on any public way, street, walkway or mall area. Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Zone Districts, beauty and barber shops shall have no exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan.

      (3)   Brewpubs.

         (a)   There shall be no exterior storage of supplies, refuse or materials on the property upon which the brewpub is operated.

         (b)   The operator of the brewpub shall comply with the town’s loading and delivery regulations as set forth in this title.

         (c)   Brewpubs which sell beer or ale at wholesale or which sell beer for off site consumption are allowed so long as the total of wholesale sales and sales for off site consumption do not exceed 45% of the product manufactured by the brewpub on an annual basis.

      (4)   Commercial storage. No exterior frontage on any public way, street, walkway or mall area is permitted.

      (5)   Convenience food stores.

         (a)   Maximum store size shall be 8,000 square feet.

         (b)   No more than 33% of the gross building area of the entire structure on site.

      (6)   Major arcades.

         (a)   No exterior frontage on any public way, street, walkway or mall area is permitted.

         (b)   Amusement devices shall not be visible or audible from any public way, street, walkway or mall area.

      (7)   Television stations.

         (a)   The production room/studio shall be visible from the street or pedestrian mall.

         (b)   The television station shall be “cablecast” only, requiring no additional antennas.

      (8)   Timeshare unit or fractional fee club proposal. Prior to the approval of a conditional use permit for a timeshare estate, fractional fee, fractional fee club, or timeshare license proposal, the following shall be considered.

         (a)   If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA).

         (b)   Lock off units and lock off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage.

         (c)   The ability of the proposed project to create and maintain a high level of occupancy.

         (d)   Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project.

         (e)   The applicant shall submit to the town a list of all owners of existing units within the project or building; and written statements from 100% of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than 60 days prior to the date of filing the application for a conditional use.

         (f)   Each of the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities.

      (9)   Transportation businesses.

         (a)   All vehicles shall be parked upon approved parking areas.

         (b)   All vehicles shall be adequately screened from public rights-of-way and adjacent properties, consisting of landscaping and berms, in combination with walls and fences, where deemed necessary to reduce the deleterious effects of vehicle storage.

         (c)   The number, size and location of vehicles permitted to be stored shall be determined by the Planning and Environmental Commission based on the adequacy of the site for vehicle storage. Consideration shall be given to the adequacy of landscaping and other screening methods to prevent impacts to adjacent properties and other commercial and/or residential uses.

         (d)   Parking associated with transportation businesses shall not reduce or compromise the parking required for other uses on site.

      (10)   Home child daycare facility.

         (a)   The maximum number of children shall be no more children than allowed by the State of Colorado licensing authority for a childcare home or a total of six children, whichever is more restrictive.

         (b)   A State of Colorado license is required to operate a childcare home and a current copy of the license shall be kept on file in the Town of Vail Community Development Department.

         (c)   A conditional use permit for a home occupation to operate a home childcare facility shall be valid for one year. The permit holder shall be responsible for requesting renewals and maintaining all permits as current.

      (11)   Funiculars and other similar conveyances.

         (a)   Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the Planning and Environmental Commission.

         (b)   Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the Planning and Environmental Commission. SIGNIFICANT SITE CONSTRAINTS shall be defined as natural features such as mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features and existing structures that may create practical difficulties in the site planning and development of the lot.

         (c)   Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the Planning and Environmental Commission.

         (d)   Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened.

      (12)   Single-family and two-family residential dwellings in the Lionshead Mixed Use 1 Zone District. Single-family and two-family residential dwellings shall be allowed when:

         (a)   Developed as part of a coordinated mixed use development;

         (b)   A low density residential scale is advantageous to create compatibility with or a transition to other low density residential development in the vicinity of the coordinated mixed use development;

         (c)   The single-family and two-family residential dwellings are designed to the same general scale and character of residential dwellings in residential zone districts that allow single-family and two-family residential dwellings; and

         (d)   The proposed coordinated mixed use development containing the single-family and/or two-family residential dwellings is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan.

      (13)   Business offices and professional offices in the Residential Cluster Zone District.

         (a)   Offices for physicians, dentists and similar medical practices shall be excluded in the residential cluster zone district.

         (b)   Business and professional offices shall be secondary to the residential use of the district. The net floor area of the office use shall be no greater than 15% of the allowable gross residential floor area of the development site.

         (c)   The sale of merchandise shall be prohibited.

         (d)   Off-street parking shall be provided in accordance with the provisions of Chapter 10 of this title and shall be clearly separate from the area designated for residential parking.

         (e)   No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted.

         (f)   Signage shall be permitted in accordance with § 11-6-3(A), of this code, business signs within Sign District 1 (Title 11, “Sign Regulations”) and shall be subject to review by the Design Review Board.

         (g)   The number of employees allowed in a business office or professional office within the residential cluster zone district shall not exceed one employee for each 200 square feet of net floor area.

         (h)   Homeowners’ association approval shall be required of all conditional use permit applications for a professional office or a business office within the residential cluster district, pursuant to § 12-11-4(B)(1)(d) of this title.

      (14)   Temporary business offices.

         (a)   Offices for real estate agents shall be excluded.

         (b)   The storage, sale or display of merchandise on the premises shall occupy less than 10% of the office’s floor area.

         (c)   Off-street parking shall be provided in accordance with Chapter 10 of this title.

         (d)   Signage shall be provided in accordance Title 11, “Sign Regulations”, of this code.

         (e)   1.   The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three years from the initial date of approval.

            2.   The Planning and Environmental Commission may grant a subsequent extension to a conditional use permit approval to allow a temporary business office to continue activities and transactions beyond the original time period limit, if the Commission determines special circumstances and/or conditions exist to warrant such an extension. An extension may only be granted for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the town’s goals, policies and objectives, but in no event may such an extension be allowed for more than three years without additional review.

         (f)   A conditional use permit approval for a temporary business office shall be reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant’s compliance with the conditions of approval.

      (15)   Sexually oriented businesses.

         (a)   Sexually oriented businesses shall be located a minimum of 500 feet from any:

            1.   Religious institution;

            2.   Public park;

            3.   Library;

            4.   State licensed daycare facility;

            5.   School or educational facility serving persons under 18 years of age; or

            6.   Any other sexually oriented business.

         (b)   The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park.

         (c)   Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrianways, walkways or other public areas.

         (d)   Sexually oriented businesses shall obtain a license pursuant to Title 4, “Business And License Regulations”, of this code, as a condition of approval for a conditional use permit.

(Ord. 10(1998) § 11; Ord. 17(2001) § 2; Ord. 31(2001) § 6; Ord. 33(2003) § 1; Ord. 36(2003) § 1;; Ord. 29(2005) § 38; Ord. 33(2006) § 2; Ord. 22(2007) § 3; Ord. 35(2007) § 3; Ord. 13(2008) § 3; Ord. 1(2011) § 1; Ord. 16(2020) § 1; Ord. 6(2024) § 10)

   Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two years, regardless of any intent to resume operation of the use.

(Ord. 12(2008) § 26)

   In addition to the conditions which may be prescribed pursuant to this chapter, a conditional use shall also be subject to all other procedures, permits and requirements of this chapter and other applicable ordinances and regulations of the town. In the event of any conflict between the provisions of a conditional use permit and any other permit or requirement, the more restrictive provision shall prevail.

(Ord. 8(1973) § 18.900; Ord. 10(1998) § 10)

   (A)   The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval and the like) if the Administrator determines the amendment meets the following criteria:

      (1)   The amendment is in accordance with all applicable elements of this code and the Vail Comprehensive Plan;

      (2)   The amendment does not alter the basic character or intent of the original conditional use permit; and

      (3)   The amendment will not adversely affect the public health, safety and welfare.

   (B)   All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in § 12-16-5 of this chapter.

(Ord. 12(2008) § 27)