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Vail City Zoning Code

CHAPTER 22

VIEW CORRIDORS

§ 12-22-1 PURPOSE.

   The town believes that preserving certain vistas is in the interest of the town’s residents and guests. Specifically, the town believes that:
   (A)   The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town;
   (B)   It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town;
   (C)   The preservation of such views will strengthen and preserve the town’s unique environmental heritage and attributes;
   (D)   The preservation of such views will enhance the aesthetic and economic vitality and values of the town;
   (E)   The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors; and
   (F)   The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail Village and contribute to the community’s unique sense of place.
(Ord. 18(1992) § 1)

§ 12-22-2 DEFINITIONS.

   For the purposes of this chapter, the following terms shall be defined as shown below.
   STRUCTURE. Anything permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop lights, light poles, signs, utility poles, skylights or any similar object.
   VIEW POINT ORIGINATION. The survey pin, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor.
(Ord. 18(1992) § 1; Ord. 29(2005) § 47)

§ 12-22-3 VEGETATION; MAINTENANCE.

   The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area.
(Ord. 10(2012) § 2)

§ 12-22-4 ADOPTION OF VIEW CORRIDORS.

   Photographs on record with the Department of Community Development and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held five and four-tenths feet above the instrument, which is approximate eye level for most adults. A 35 millimeter camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor.
   (A)   View Point #1. A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 280 Bridge Street, and beyond to the ski slopes.
      (1)   Purpose. To protect the views of Vail Mountain, views of Vail Village and to maintain the prominence and views of the Clock Tower and Rucksack Tower as seen from the central staircase of the Transportation Center.
      (2)   Instrument; View Point #1. A two-inch diameter brass disc, marked V.P. 1 on stair landing between levels 2 and 3 of Vail Village parking structure.
      (3)   Backsight. CW 1/16 corner of Section 8.
      (4)   Height of survey transit above View Point #1. Five and four-tenths feet.
      (5)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Feb. 7, 1992
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Feb. 7, 1992
348°51’10”
77°21’30”
A - intersection of the horizon with a vertical line defined by the southwest corner of the sixth floor deck enclosure on the Mountain Haus, 292 E. Meadow Drive
348°30’10”
87°11’30”
B1 - uppermost railing of the southwest corner of the balcony on the fourth floor of the Mountain Haus, 292 E. Meadow Drive
355°23’00”
87°37’40”
B2 - east end of the Red Lion roof ridge, 304 Bridge Street
357°39’04”
87°40’43”
B3 - intersection of the Red Lion roof ridge with the southeast corner of the Rucksack Tower, 280 Bridge Street
357°57’59”
88°27’22”
B4 - northeast corner of the base of the Rucksack Tower, 280 Bridge Street
004°05’19”
89°16’02”
C1 - intersection of the Gallery Building, 225 Gore Creek Drive, with the northeast corner of the Clock Tower, immediately below the balcony
004°39’58”
89°16’33”
C2 - western end of fascia board on Gallery Building
004°47’18”
89°41’44”
C3 - intersection of the sloping roof of the Gallery Building with the ridge line of the Clock Tower Building, which extends west
006°59’11”
89°42’12”
D - intersection of the Clock Tower Building roof and the northwest corner of the Clock Tower
012°25’56”
87°39’01”
E - peak of the Plaza Lodge vent chase, 232 Bridge Street
027°08’54”
87°28’43”
F - intersection of the north side of roof, Gasthof Gramshammer Building, 231 East Gore Creek Drive, with the east side of 2 large trees
031°53’27”
76°26’35”
G - intersection of the horizon line on Vail Mountain with the vertical line defined by the top of the western, very large pine tree west of Point F
 
   (B)   View Point #2. A view from upper Bridge Street looking toward the ski slopes between 228 Bridge Street, the Golden Peak Building, and 311 Bridge Street, the Hill Building.
      (1)   Purpose. To protect views of the ski runs and ski base area as seen from upper Bridge Street.
      (2)   Instrument; View Point #2. A #6 rebar with a two and one-half inch diameter aluminum cap marked V.P. 2 (PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion Building, 304 Bridge Street.
      (3)   Backsight; View Point #4. A #6 rebar with a two and one-half inch diameter aluminum cap marked V.P. 4 (PLS 16827) set in an aluminum monument box, in the brick pavers, approximately eight feet from the entrance to Frivolous Sal’s, located near the northeast corner of One Vail Place Building, 244 Wall Street.
      (4)   Height of survey transit above View Point #2. Five and four-tenths feet.
      (5)   Table.
 
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Nov. 15, 1991
289°25’48”
74°28’18”
A - northwest corner of third floor balcony roof of Golden Peak Building
290°58’11”
89°58’00”
B - PK nail in top of the 24 inch tall retaining wall on west side of Golden Peak House, 1 foot east from west edge of planter wall, and 10 feet west from the west face of the building
300°32’46”
92°05’34”
C1 - top of south end of ski lockers, which are on railing
301°35’24”
83°31’08”
C2 - southeast corner of top deck rail on Hill Building
303°32’24”
73°38’55”
D - southeast corner of brick chimney on Hill Building
 
   (C)   View Point #4. A view from the northeast corner of 244 Wall Street, the One Vail Place Building, looking over the roofs of 304 Bridge Street, the Red Lion Building, and 356 Hanson Ranch Road, the Christiania Lodge, toward the Gore Range.
      (1)   Purpose. To protect views of the Gore Range as seen from the alley between Founders Plaza and Seibert Circle.
      (2)   Instrument; View Point #4. A #6 rebar with a two and one-half inch diameter aluminum cap marked V.P. 4 (PLS 16827) set in an aluminum monument box, in the brick pavers, approximately eight feet from the entrance to Frivolous Sal’s, located in the northeast corner of the One Vail Place Building, 244 Wall Street.
      (3)   Backsight; View Point #2. A #6 rebar with a two and one-half inch diameter aluminum cap marked V.P. 2 (PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion Building.
      (4)   Height of survey transit above View Point #4. Five and four-tenths feet.
      (5)   Table.
Horizontal Angle
Zenith Angle
Foresight Point on Photo as of Nov. 15, 1991
Horizontal Angle
Zenith Angle
Foresight Point on Photo as of Nov. 15, 1991
343°56’53”
62°24’10”
A - south fascia board of third floor roof of Plaza Lodge Building, 281 – 293 Bridge Street
348°37’05”
73°05’43”
B - intersection of upper and second floor roof lines of Plaza Lodge Building
352°55’25”
73°34’26”
C - south end of peak of second floor gable of Plaza Lodge Building
352°31’05”
79°24’44”
D - eastern edge of second floor gable roof of Plaza Lodge Building
352°13’16”
79°24’55”
E - intersection of second floor roof fascia and southeast corner of Plaza Lodge Building
352°13’14”
84°44’25”
F - intersection of southeast corner of building and top edge of first floor fascia of Plaza Lodge Building
354°30’20”
86°13’30”
G - top of southeasterly corner of first floor fascia of Plaza Lodge Building
354°47’22”
86°07’58”
H - intersection of south edge of Red Lion chimney and upper Red Lion roof line
358°21’46”
85°17’48”
I - peak of upper Red Lion roof line
359°04’31”
85°30’36”
J - intersection of upper Red Lion roof line and northerly roof line of the Christiania
000°16’55”
84°36’56”
K - peak of northerly roof line of the Christiania
001°59’47”
84°36’56”
L - intersection of northerly roof peak and southerly roof line of the Christiania
003°05’44”
83°32’42”
M - northwesterly corner of second floor balcony on Hill Building
006°23’31”
83°33’52”
N - intersection of top of second floor balcony rail and brick wall on Hill Building
005°32’14”
67°54’58”
O - northwest corner of top of fascia on third floor roof of Hill Building
 
   (D)   View Point #5. A view of the Gore Range from Hanson Ranch Road just east of the Mill Creek Bridge and south of 302 Gore Creek Drive, the Mill Creek Court Building.
      (1)   Purpose. To protect views of the Gore Range as seen from Hanson Ranch Road and East Gore Creek Drive.
      (2)   Instrument; View Point #5. A #6 rebar with two and one-half inch diameter aluminum cap marked V.P. 5 (PLS 16827) set in an aluminum monument box in Hanson Ranch Road in front of the Mill Creek Court Building.
      (3)   Backsight. #4 rebar with aluminum cap (LS 2568) in iron “Landmark” monument box marking center line of Hanson Ranch Road - box is just west of Mill Creek in front of the Cyrano’s Building at 298 Hanson Ranch Road.
      (4)   Height of survey transit above View Point #5. Five and four-tenths feet.
      (5)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Nov. 15, 1991
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Nov. 15, 1991
199°03’06”
81°23’49”
A - intersection of southerly utility pole with ridge line
204°06’43”
85°10’40”
B1 - intersection of northerly extension of Garden of the Gods Building, roof line with hillside ridge line
206°00’02”
85°10’40”
B2 - northern end of roof line of the Garden of the Gods Building, 365 Vail Valley Drive
208°12’53”
85°10’40”
C1 - intersection of southerly extension of the Garden of the Gods building roof line and the Villa Valhalla roof line, 360 Hanson Ranch Road
208°33’36”
84°55’50”
C2 - northwest corner of the Villa Valhalla at roof fascia
210°41’41”
84°01’47”
D - intersection of top of the Villa Valhalla roof fascia and the upward extension of the north edge of the trim on the window column
210°41’41”
82°01’51”
E - the upward extension of the north edge of the trim on the window column on the Villa Valhalla to a point above the horizon
 
   (E)   View Point #6. A view looking east to the Gore Range from Gore Creek Drive between retail shops at 174 Gore Creek Drive, the Lodge at Vail, and 193 Gore Creek Drive, the Gore Creek Plaza Building projecting east to the Gore Range.
      (1)   Purpose. To protect views of the Gore Range as seen from the Gore Creek Drive Area.
      (2)   Instrument; View Point #6. A #6 rebar with two and one-half inch diameter aluminum cap marked V.P. 6 (PLS 16827) set in an aluminum monument box in Gore Creek Drive in front of the Gore Creek Plaza Building.
      (3)   Backsight. A #6 rebar with a two and one-half inch diameter aluminum cap marked V.P. 6 B.S. (PLS 16827) set in an aluminum monument box in Gore Creek Drive near the southwest corner of Pepi’s deck.
      (4)   Height of survey transit above View Point #6. Five and four-tenths feet.
      (5)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Nov. 15, 1991
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of Nov. 15, 1991
356°08’35”
81°02’17”
A - point on horizon left of the chimney on Gasthof Gramshammer roof, 231 East Gore Creek Drive
356°55’02”
83°02’06”
B - intersection of southeast edge of chimney and Gasthof Gramshammer’s roof line
000°31’36”
82°54’27”
C - southern end of gable on Gasthof Gramshammer’s roof
001°48’10”
85°17’34”
D1 - intersection of northerly extension of Gorsuch Building’s roof line and Gasthof Gramshammer’s roof, 231 East Gore Creek Drive
003°14’42”
85°17’40”
D2 - north end of Gorsuch Building’s roof
007°56’03”
85°11’32”
D3 - south end of Gorsuch Building’s roof
013°30’31”
85°11’32”
E - intersection of southerly extension of Gorsuch Building’s roof line and brick pillar on Lazier Arcade Building/Wall Street Building, 225 Wall Street
013°38’14”
78°48’35”
F - intersection of face of stucco and eaves line on Lazier Arcade Building/Wall Street Building
012°55’17”
78°14’51”
G - top of fascia on northeast corner of roof on Lazier Arcade Building/Wall Street Building
014°44’21”
73°13’39”
H - top of roof on Lazier Arcade Building/Wall Street Building
 
   (F)   View Point #7. A view from the west end of the Lionshead parking structure, standing at street level at the front of the entrance to the Subway restaurant (395 E. Lionshead Circle) and looking southwest toward the gondola lift line.
      (1)   Purpose. To protect the views of Vail Mountain from the Lionshead area.
      (2)   Survey control. Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control.
      (3)   Instrument; View Point #7. A two inch diameter brass monument, flush in brick payers, stamped View 7.
      (4)   Backsight. A two inch diameter aluminum Johnson, Kunkel & Associates, Inc., monument which bears S11°47’42”W 327.94 feet distant. Located at the north edge of a concrete ring for a water manhole approximately 15 feet north of the north edge of the bike path.
      (5)   Height of survey instrument above View Point #7. Five and twenty-six one-hundredths feet.
      (6)   Table.
Bearing
Zenith Angle
Foresight Point On Photo As Of June 12, 2001
Bearing
Zenith Angle
Foresight Point On Photo As Of June 12, 2001
S05°14’25”W
79°09’13”
A - intersection of the horizon with a vertical line defined by the southwest corner roofline on the Treetops Condominium building, 452 E. Lionshead Circle
S05°22’18”W
80°11’31”
B - intersection of the roof overhang at the west end of the Treetops Condominium building and the southwest corner of said building, 452 E. Lionshead Circle
S05°38’24”W
80°17’55”
B1 - westerly upper corner of the roof overhang at the west end of the Treetops Condominium building, 452 E. Lionshead Circle
S05°48’38”W
81°42’54”
B2 - westerly lower corner of the roof overhang at the west end of the Treetops Condominium building, 452 E. Lionshead Circle
S05°22’28”W
81°43’15”
B3 - intersection of the roof overhang at the west end of the Treetops Condominium building and the southwest corner of said building, 452 E. Lionshead Circle
S05°22’28”W
90°01’11”
B4 - a point on the westerly edge of the Treetops Condominium building, 452 E. Lionshead Circle and running horizontal with and perpendicular to the southeast corner roofline of the bus stop building at Lionshead Circle
S24°16’45”W
90°01’11”
C - southeast corner roofline of the bus stop building at Lionshead Circle. Said point being the lower limit of View Point #7, intersecting with the vertical line described below for point D and running horizontal with and perpendicular to the westerly edge of the Treetops Condominium building, 452 E. Lionshead Circle
S23°11’03”W
85°40’57”
D - intersection of the horizon with a vertical line defined by the southeast corner roofline on the Vail Lionshead Centre Condominiums, 520, Lionshead Circle
S23°11’03”W
79°09’13”
E - point of intersection of the southwest roofline of said Treetops Condominiums building defined by point A and the southeast corner of said Vail Lionshead Condominium building as defined by point D
 
   (G)   View Point #8. A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line.
      (1)   Purpose. To protect the views of Vail Mountain from the core of the Lionshead area.
      (2)   Survey control. Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control.
      (3)   Instrument; View Point #8. A two and one-half inch diameter aluminum monument, flush in brick pavers, stamped View 8.
      (4)   Backsight. A two and one-half inch diameter aluminum monument, which bears S84°22’18”W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk.
      (5)   Height of survey instrument above View Point #8. Five and three-tenths feet (to match previous height before streetscape).
      (6)   (1)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of July 8, 2008
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of July 8, 2008
267°00’33”
79°08'’15”
A - intersection of the horizon with a vertical line defined by the southerly roof line on the Vail Lionshead Centre Condominiums, 520 E. Lionshead Circle
266°52’31”
85°10’55”
B - intersection of a lower roof at the westerly end and the westerly building wall of the Vail Lionshead Centre Condominiums
268°09’29”
85°55’59”
C - westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums
267°50’34”
87°46’40”
D - intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums
269°10’34”
87°51’15”
E - top westerly corner of red awning
269°10’34”
88°28’56”
F - point of intersection of the red awning and the main level roofline on the westerly end of the Vail Lionshead Centre Condominiums
271°54’54”
88°28’56”
G - point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of the sloped roof of the terrace on the 1st level along the east side of the Arrabelle at Vail Square
281°17’48”
87°51’18”
H - underside intersection of sloped roof and the support post of the terrace on the 1st level on the east side of Arrabelle at Vail Square
280°52’19”
87°46’16”
I - underside of sloped roof of the terrace on the first level on the east side of Arrabelle at Vail Square
280°42’31”
87°24’36”
J - top edge of overhang/beginning of sloped roof of the terrace at the 1st level on the east side of the Arrabelle at Vail Square
281°30’24”
87°06’00”
K - intersection of sloped roof of the terrace at the 1st level and the east wall of the Arrabelle at Vail Square
281°31’32”
79°37’37”
L - intersection of the east wall of the Arrabelle at Vail Square and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square
281°09’32”
79°02’30”
M - top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square
O - line projected from View Point M straight up to the horizon line of Vail Mountain
 
      (2)   Permitted. The following are permitted within View Corridor #8: drain pipes; roof snow fences; streetlights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels:
         (a)   Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing;
         (b)   Units A and B, Lot 5, Block 4, Vail Village Third Filing;
         (c)   Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums);
         (d)   Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing;
         (e)   Units 1 and 2, House in Forest Condominiums;
         (f)   Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing;
         (g)   Lots 1 and 3, Forest Place Subdivision; and
         (h)   Lot 6, Block 1, Vail Village Third Filing.
   (H)   View Point #9. A view from the top west stair above the ice rink of the Arrabelle at Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Bahn Gondola.
      (1)   Purpose. To protect the views of Vail Mountain from the core of the Lionshead area.
      (2)   Survey control. Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control.
      (3)   Instrument; View Point #9. A two and one-half inch diameter aluminum monument, set at the center of the top of the west stair above the ice rink of the Arrabelle flush in pavers, stamped View 9.
      (4)   Backsight. A two and one-half inch diameter aluminum monument, which bears S84°22’18”W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk.
      (5)   Height of survey instrument above View Point #9. Five and two-tenths feet.
      (6)   (1)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of June 1, 2008
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of June 1, 2008
67°13’19”
83°39’37”
A - intersection of underside of the pedestrian bridge and the east wall at the 3rd level
67°13’16”
84°01’27”
B - intersection of east wall and sloped roof at the third level
68°58’53”
84°34’10”
C - east end of sloped roof/top of deck railing at the third level
68°58’15”
86°49’52”
D - underside of outermost edge of terrace on the east side of the third level
68°19’45”
86°54’20”
E - intersection of east wall and underside of terrace of the third level
68°19’36”
90°52’16”
F - angle point in east wall
68°51’23”
94°34’30”
G - intersection of east wall at ground level
71°35’08”
93°11’36”
H - intersection of west wall at ground level
71°40’40”
91°48’13”
I - angle point of west wall
72°18’05”
90°07’47”
J - angle point of west wall
72°17’49”
89°39’20”
K - top of the great room terrace wall at the second level
74°14’07”
89°32’05”
L - intersection of the great room terrace wall at the second level and the east side of the outdoor fireplace chimney in the pedestrian plaza
74°36’40”
87°55’34”
M - angle point of the east side of the outdoor fireplace chimney and the intersection of the underside of sloped roof overhang at the second level
74°09’55”
87°56’16”
N - underside of sloped roof overhang at the second level
73°52’09”
87°36’45”
O - top side of sloped roof overhang for the second level
74°36’25”
86°58’15”
P - intersection of sloped roof for the second level and the fireplace chimney
74°32’38”
84°09’29”
Q - top east side of the fireplace chimney
76°31’13”
83°59’23”
R - top west side of the fireplace chimney
76°28’06”
86°17’44”
S - intersection of the west side of the fireplace chimney and sloped roof for the second level
78°20’42”
85°21’48”
T - intersection of sloped roof and dormer overhang at the third level
78°58’36”
83°28’40”
U - intersection of dormer overhang at the third level and the underside of the pedestrian bridge
 
      (2)   Permitted. The following are permitted within View Corridor #9: aboveground pedestrian bridge connecting buildings; maypole and attachments; signs attached to the building; umbrellas located on decks, skier bridge and appurtenances; menu boards; movie screens; decorative outdoor lights/lighting; railings defining restaurant decks; flower containers; directional/directory signs; trash containers; bollards; roof snow fences; streetlights; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels:
         (a)   Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing;
         (b)   Units A and B, Lot 5, Block 4, Vail Village Third Filing;
         (c)   Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums); and
         (d)   Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing.
   (I)   View Point #10. A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bahn Gondola lift line through the Arrabelle at Vail Square to the horizon line of Vail Mountain.
      (1)   Purpose. To protect the views of Vail Mountain from the core of the Lionshead area.
      (2)   Survey control. Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control.
      (3)   Instrument; View Point #10. A two and one-half inch diameter aluminum monument, located 25 feet north west of the top step east of the Landmark building in the grass, near the bend in the sidewalk heading toward the North Day Lot, stamped View 10.
      (4)   Backsight. A two and one-half inch diameter aluminum monument which bears S10°14’26”E a distance of 171.51 feet. Located on the top of the west stair above the ice rink of the Arrabelle at Vail Square flush in pavers, stamped View 9.
      (5)   Height of survey instrument above View Point #10. Five and two-tenths feet.
      (6)   (1)   Table.
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of June 1, 2008
Horizontal Angle
Zenith Angle
Foresight Point On Photo As Of June 1, 2008
350°36’14"
79°31’45”
A - intersection of roof line of the seventh level and evergreen tree
353°22’18”
79°23’31”
B - west edge of roof line of the seventh level
353°35’53”
80°22’46”
C - point along the sloping overhang roof line and a line projected from the top of the ball on the finial cap at the seventh level
354°19’54”
80°22’46”
D - line intersection projected from View Point C and a line from the west edge of the finial cap at the seventh level
354°19’54”
81°11’30”
E - intersection of west edge of the finial cap and the covered outside terrace curved roof line at the seventh level
355°31’32”
81°39’33”
F - intersection of the covered outside terrace curved roof line and the air louver on the west side of the seventh level
355°58’38”
81°39’33”
G - west outer edge of air louver on covered outside terrace curved roof line along the west wall of the seventh level
356°06’33”
85°03’26”
H - intersection of the seventh level west wall and the top of terrace railing at the sixth level
357°08’18”
85°15’26”
I - west outer edge of the top terrace railing at the sixth level
357°10’48”
85°53’17”
J - west outer edge at the bottom of the decking at the sixth level
356°05’50”
86°25’18”
K - intersection of the plaza area east wall and the bottom of the decking at the sixth level
356°04’55”
87°47’08”
L - intersection of the plaza area east wall and the sloped roof
356°25’23”
88°07’16”
M - west outer edge of sloped roof
356°04’55”
88°23’50”
N - intersection of the plaza area east wall and the underside of the sloped roof
356°05’50”
89°15’05”
O - intersection of the plaza area east wall and the top of the pedestrian bridge
02°45’18”
89°14’43”
P - intersection of the pedestrian bridge and the eastern point of the dormer roof line for the third level
02°45’18”
89°07’46”
Q - top eastern point of the dormer roof line of the third level
03°35’07”
89°07’14”
R - intersection of the dormer roof line at the third level and the stucco support column for the terrace for the 3rd level
03°35’07”
89°02’37”
S - east corner of stucco support column for the third level
03°43’19”
89°01’45”
T - intersection of wood support post and the top base of stucco column for the third level
03°43’19”
88°15’55”
U - underside of sloped roof overhang for the third level roof overhang
03°11’51”
88°01’36”
V - east outer edge of sloped roof overhang for the third level roof overhang
04°06’01”
85°17’14”
W - top east edge of roof line for the third level roof overhang
06°47’20”
85°22’54”
X - an intersection point of a line projected along the roof line for the third level and a line projecting down from the underside of the fifth level deck
06°47’20”
83°33’42”
Y - top east edge of the terrace railing at the fifth level
07°35’22”
83°33’18”
Z - intersection of a line projecting along the top edge of the terrace railing at the fifth level to a point on the concrete terrace patio at the sixth level
08°02’43”
78°52’04”
A1 - a line projected from the described point in View Point W to the east outer edge of the roof line at the sixth level
09°32’54”
78°52x’04”
B1 - an intersection point of a line projected along the sixth level roof line and the copper gutter of the Clock Tower
09°57’53”
76°04’24”
C1 - a line projected from the described point in View Point Y to the eastern edge of the sloped roof line of the turret for the sixth level
 
      (2)   Permitted. The following are permitted within view corridor #10: drain pipes; snow cable clips; flower boxes; roof snow fences; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels:
         (a)   Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing;
         (b)   Units A and B, Lot 5, Block 4, Vail Village Third Filing;
         (c)   Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums);
         (d)   Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing;
         (e)   Units 1 and 2, House in Forest Condominiums;
         (f)   Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing;
         (g)   Lots 1 and 3, Forest Place Subdivision; and
         (h)   Lot 6, Block 1, Vail Village Third Filing.
(Ord. 18(1992) § 1; Ord. 16(2002) § 1; Ord. 23(2008) § 1)

§ 12-22-5 AMENDMENTS.

   An amendment of the regulations of this chapter, including a request to add a new view corridor, delete an existing view corridor, or amend the boundary of an existing view corridor, may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the town, or by the Administrator or his or her designee.
   (A)   Application information for amendments. An application for the amendment of the provisions of this chapter including the addition of a new view corridor, the deletion of an existing view corridor or an amendment to the boundary of an existing view corridor shall be filed with the Department of Community Development on a form to be prescribed by the Administrator. The application shall include the following information:
      (1)   A summary or description of the proposed amendment;
      (2)   A photograph of the proposed view to be protected if the application is to add a new view corridor or amend the boundary of an existing view corridor. The point used as the view point origination and the height of the camera above existing grade or pavement at the time the photograph was taken shall be identified. The
photograph or photographs shall be marked to show the proposed view corridor boundary or shall be marked to show the proposed improvements in relation to existing improvements and existing view corridor boundaries;
      (3)   The Department of Community Development may require models, overlays, sketches or other submittal requirements to show:
         (a)   For a new view corridor, the potential impact the new view corridor could have on the development potential of surrounding properties; or
         (b)   For a modification to a view corridor boundary, the potential impact the change would have upon the protected view corridor.
      (4)   Names and addresses of the property owners whose development potential, as set forth in this title on the date the application is received by the Department of Community Development, may be increased or decreased by the proposed view corridor or by the proposed modification to the existing view corridor;
      (5)   If the application is to add a new view corridor or amend the boundary of an existing view corridor, the applicant shall submit a legal description of the new view corridor or the amended boundary prepared in the same format as those set forth in § 12-22-4 of this chapter, and any other information deemed necessary by the Department of Community Development 30 days prior to the final Planning and Environmental Commission public hearing; and
      (6)   An application for an amendment may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review an amendment application, the Department of Community Development shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, the Department of Community Development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the amendment application is submitted to the Department of Community Development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within 30 days of notification by the town.
   (B)   Notice and hearing procedure.
      (1)   Upon the filing of an application for an amendment to this chapter, or upon initiation of an amendment by the Town Council, Planning and Environmental Commission or Department of Community Development Director, the Department of Community Development Director or his or her designee shall set a date for a public hearing before the Planning and Environmental Commission. Subsequent to the hearing, the Planning and Environmental Commission shall make a recommendation for approval or denial to the Town Council. After considering the Planning and Environmental Commission’s recommendation, the Town Council shall make a final determination on the amendment at a public hearing by ordinance.
      (2)   Notice for the public hearing before the Planning and Environmental Commission shall be given to the property owners designated in subsection (A)(4) of this section, or § 12-22-6(B)(1)(b) of this chapter, in accordance with § 12-3-6(C) of this title and the hearing shall be conducted in conformity with § 12-3-6(D) of this title.
   (C)   Criteria for amendments. The Town Council shall only approve an amendment to this chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail land use plan, town policies, and urban design guide plans and other adopted master plans, and meets all of the following criteria.
      (1)   If the request is to add a new view corridor or to amend the boundary of an existing view corridor in such a way which expands an existing view corridor:
         (a)   That the proposed view corridor or the boundary amendment protects and perpetuates a view or views from public pedestrian areas, public ways or public spaces within the town which foster civic pride and are in the public interest for the town;
         (b)   That the proposed view corridor or boundary amendment protects and enhances the town’s attraction to residents, guests and property owners; and
         (c)   That the proposed view corridor or boundary amendment protects a view which is commonly recognized and has inherent qualities which make it more valuable to the town than other more common views.
      (2)   If the amendment is to amend the boundary of an existing view corridor in such a way which reduces the existing view corridor or is to repeal an existing view corridor:
         (a)   That the boundary amendment or repeal will not reduce or eliminate any view or views from public pedestrian areas, public ways, or public spaces within the town which foster civic pride and are in the public interest for the town;
         (b)   That the boundary amendment or repeal will not reduce the town’s attraction to residents, guests and property owners nor be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces or public views; and
         (c)   That the boundary amendment or repeal will not diminish the integrity or quality, nor compromise the original purpose of the existing view corridor.
(Ord. 18(1992) § 1; Ord. 29(2005) § 48)

§ 12-22-6 ENCROACHMENTS INTO EXISTING VIEW CORRIDORS.

   (A)   No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section.
   (B)   An application for approval to encroach into an existing view corridor may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, or by application of any resident or property owner in the town, or by the Administrator or his or her designee.
      (1)   Application information for encroachments. An application for an encroachment shall be filed with the Department of Community Development on a form to be prescribed by the Administrator. The application shall include the following information:
         (a)   A summary or description of the proposed encroachment;
         (b)   Names and addresses of property owners located within 500 feet of the proposed encroachment;
         (c)   Photographs of the existing view corridor. The photographs shall be marked with tape to identify the existing view corridor boundaries, and shall show the proposed encroachment. The photographs shall be taken from the view point origination at the same height as identified in the legal descriptions in § 12-22-4 of this chapter;
         (d)   The Department of Community Development may require models, overlays, sketches or other submittal requirements to show how the proposed encroachment could impact the protected view corridor; and
         (e)   An application for an encroachment may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review an encroachment application, the Department of Community Development shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, the Department of Community Development shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded to the town by the applicant at the time the encroachment is submitted to the Department of Community Development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the town in excess of the amount forwarded by the applicant shall be paid to the town by the applicant within 30 days of notification by the town.
      (2)   Notice and hearing procedure. Notice and hearing on an application for an encroachment into an existing view corridor shall be in accordance with § 12-22-5(B) of this chapter.
      (3)   Criteria for encroachment. No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria:
         (a)   That the literal enforcement of this chapter would preclude a reasonable development of a proposed structure on the applicant’s land;
         (b)   That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter;
         (c)   That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces or public views;
         (d)   That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans and other adapted master plans; and
         (e)   That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view.
(Ord. 18(1992) § 1; Ord. 29(2005) § 49; Ord. 10(2012) § 2)

§ 12-22-7 NONCONFORMING STRUCTURES.

   (A)   Removal of encroachments encouraged; exceptions. Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal.
   (B)   Allowed modifications to existing structures. Structures lawfully established prior to the effective date hereof may be modified; provided, that such modification does not cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the existing structure.
   (C)   Maintenance; repair. Nonconforming structures may be maintained and repaired as necessary for the convenient, safe or efficient operation or use provided that no such maintenance or repair shall cause the structure to encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the structure encroached prior to such maintenance and repair.
   (D)   Restoration. Whenever a nonconforming structure which does not conform to the provisions of this chapter is destroyed by fire or other calamity, by act of God, or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. The structure after such restoration shall not encroach into a view corridor to a greater extent in any dimension or configuration, specifically height, width or mass, than the encroachment which existed prior to destruction.
(Ord. 18(1992) § 1; Ord. 29(2005) § 50)

§ 12-22-8 HEIGHT LIMITATIONS.

   If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply.
(Ord. 18(1992) § 1)

§ 12-22-9 FEES.

   The Town Council shall by motion establish a view application fee 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. 18(1992) § 1)