Vail City Zoning Code
CHAPTER 3
ADMINISTRATION AND ENFORCEMENT
§ 12-3-1 ADMINISTRATOR; APPOINTMENT.
The Town Manager shall appoint an Administrator who shall administer and enforce this title. The position of Administrator may be combined with another position of the town.
(Ord. 8(1973) § 21.100)
§ 12-3-2 ADMINISTRATOR; DUTIES.
(A) Investigation; inspection. The Administrator shall be responsible for such duties as prescribed in this title, and shall be responsible for enforcement of the zoning regulations. The Administrator and his or her designees shall have the right to enter on any site or to enter any structure for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction.
(B) Serve notice. The Administrator may serve notice indicating the nature of any violation, or requiring the removal of any structure or use in violation of this title, on the owner or his or her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The Administrator may call upon the Town Attorney to institute necessary legal proceedings to enforce the provisions of this title, and the Town Attorney is authorized to institute appropriate actions to that end. The Administrator may call upon the Chief of Police and his or her authorized agents to assist in the enforcement of this title.
(Ord. 8(1973) § 21.102)
§ 12-3-3 APPEALS AND CALL-UP.
(A) Appeals of administrative decisions.
(1) Purpose. The purpose of this subsection A is to provide an avenue to appeal a final administrative decision based on a belief that there was an error in a final administrative decision made by the Administrator under Titles 11, 12, 13 and 14 of this Code.
(2) Applicability. This subsection A shall apply to final administrative decisions of the Administrator. For purposes of this subsection (A), a “final administrative decision” is a written decision of the Administrator interpreting a specific provision of this Code.
(3) Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application; or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons.
(4) Procedure.
(a) A notice of appeal shall be filed within 20 days of the final administrative decision. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee as established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal.
(b) Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal.
(c) If the Administrator determines that the appellant has standing, the Administrator shall determine the appropriate review body. Appeals of administrative decisions related to design guidelines shall be heard by the Design Review Board. All other appeals of administrative decisions shall be heard by the Planning and Environmental Commission. The Administrator shall schedule a public hearing before the applicable review body at its next available meeting to occur within 60 days of the standing determination.
(d) At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the appellant, the applicant and adjacent property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners’ association.
(e) All appeals shall be de novo, and the review body many consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision being appealed was incorrect. The review body may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any.
(f) The review body shall review the appeal based on the applicable standards and criteria in the Town Code. The review body shall affirm, modify or overturn the final administrative decision, and shall issue written findings to support its decision. The review body may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the decision shall not be final until such findings have been adopted.
(g) The decision of the review body is subject to further appeal as set forth in subsection (B) hereof.
(4) Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal.
(B) Appeals of decisions by the Planning and Environmental Commission, Design Review Board, and Art in Public Places Board.
(1) Purpose. The purpose of this subsection B is to provide an avenue to appeal a final decision based on a belief that there was an error in a decision made under the relevant Title of the Town Code.
(2) Applicability. This subsection (B) shall apply to final decisions made by the Planning and Environmental Commission, Design Review Board, or Art in Public Places Board with respect to the provisions of the Town Code.
(3) Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application, or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons.
(4) Procedure.
(a) A notice of appeal shall be filed within 20 days of the decision being appealed. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal.
(b) Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal.
(c) If the Administrator determines that the appellant has standing, the Administrator shall schedule a public hearing before the Town Council to occur within 60 days of such determination.
(d) At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the last known addresses of the applicant, appellant and adjacent property owners by first class U.S. Mail. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners’ association.
(e) All appeals shall be de novo, and the Town Council may consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision was incorrect. The Town Council may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any.
(f) The Town Council shall review the appeal based on the applicable standards and criteria in the Town Code. The Town Council shall affirm, modify or overturn the decision, and shall issue written findings to support its decision. The Town Council may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the Town Council’s decision shall not be final until adoption of such findings.
(5) Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal.
(6) Further review. The decision of the Town Council on any appeal is final, subject only to judicial review as allowed by law.
(C) Call-up by Town Council. The Town Council may call up any decision of the Planning and Environmental Commission or the Design Review Board or the Art in Public Places Board, by a majority vote of those Town Council members present, within 20 days of the decision being called up. Once called up, the decision shall be reviewed in the same manner as an appeal, provided that no finding of standing shall be necessary, and there shall be no burden of proof.
(Ord. 7(2023) § 1)
§ 12-3-4 DETERMINATION OF SIMILAR USE.
(A) Uses not listed. In order to ensure that the zoning regulations will permit similar uses in certain prescribed commercial zones, the Town Council, on its initiative or upon written request, shall determine whether a use not specifically listed as a permitted use shall be deemed a permitted use on the basis of similarity to uses specifically listed. The procedure prescribed in this section shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses, but shall be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to certain classes of permitted uses to justify a finding that the use should be deemed a permitted use.
(B) Review use characteristics. The Administrator, upon request of the Town Council, or written request of any person for a determination under this section, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the Council advising in what respects the proposed use would be, in fact, similar to specified permitted uses in the same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts. After receipt of the report, the Council may determine the proposed use to be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same zone district. The Council shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same zone district.
(Ord. 8(1973) § 21.200; Ord. 29(2005) § 19)
§ 12-3-5 DECLARATION OF SITE ALLOCATION.
(A) File with Administrator. Whenever a site used or intended to be used pursuant to the provisions of this title cannot be clearly defined or identified by means of a single lot of record or by portions of combinations thereof, or by other recorded or legally recognized designation, the owner or his or her authorized agent may file a declaration of site allocation with the Administrator.
(B) Information provided. The declaration of site allocation shall be filed on a form to be provided by the Administrator, and shall be accompanied by a map drawn to scale indicating the exact location, shape and dimensions of the site and such other information as may be required by the Administrator, including existing or proposed structures or improvements on the same or adjoining sites.
(C) Sworn; option. The Administrator may require that the declaration of site allocation be sworn to by the owner or owners of the site.
(D) Lots to meet standards.
(1) No site declared under this section shall be recognized as a usable site pursuant to the provisions of this title if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the zone district in which it is located.
(2) The declaration of site allocation procedure shall not be substituted for the procedures prescribed in Title 13 of this code if the site constitutes a portion of a parcel which can be further subdivided or otherwise is subject to the provisions of Title 13 of this code.
(Ord. 8(1973) § 21.300; Ord. 29(2005) § 19)
§ 12-3-6 HEARINGS.
(A) Conduct. When required by statute or by this title, hearings before the Planning and Environmental Commission and the Town Council shall be conducted in accordance with the provisions of this chapter.
(B) Setting date. Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the Planning and Environmental Commission or the Town Council or both, pursuant to this title, a date for the hearing shall be set which shall be not more than 30 days from the date of filing of the application or receipt of the document.
(C) Notice.
(1) Not less than 15 days prior to the date set for the hearing before the Planning and Environmental Commission, the Administrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the town.
(2) In addition to the published notice, the Administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereof), for:
(a) Application to change in zone district boundaries;
(b) Application for a conditional use permit;
(c) Application for a variance;
(d) Application relating to development plans for Special Development Districts; or
(e) Application to change the density control sections of a zone district.
(3) The within required notices shall state the time and place of the hearing, name of the applicant, a general description of the subject property indicating its location (which may be shown by map), a brief summary of the subject matter of the hearing, and a statement that the application or information relating to the proposed change or amendment is available in the Administrator’s office during regular business hours for review or inspection by the public.
(D) Evidence.
(1) The Planning and Environmental Commission shall base its determinations upon statements contained in the application or petition, upon reports from the town staff or consultants, if any, and upon evidence presented to the Commission at the hearing.
(2) The Town Council shall base its determinations upon statements contained in the application or petition, upon reports from the town staff or consultants, if any, upon evidence submitted to the Planning and Environmental Commission and the recommendations or findings of the Commission, and upon evidence presented to the Council at the hearing.
(3) Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions and arguments with respect to the issues entailed, provided that the Planning and Environmental Commission and the Town Council may limit the taking of evidence to evidence not previously submitted and made a matter of record.
(Ord. 8(1973) §§ 21.400, 21.403; Ord. 16(1978) § 7; Ord. 49(1979) § 1; Ord. 29(2005) § 19)
§ 12-3-7 AMENDMENT.
(A) Prescription. The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the Town Council in accordance with the procedures prescribed in this chapter.
(B) Initiation.
(1) An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the Administrator.
(2) A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners’ list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the Administrator.
(C) Criteria and findings.
(1) Zone district boundary amendment.
(a) Factors, enumerated. Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment:
1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town;
2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents;
3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives;
4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole;
5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features;
6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district;
7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and
8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning.
(b) Necessary findings. Before recommending and/or granting an approval of an application for a zone district boundary amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment:
1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town;
2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
3. That the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.
(2) Prescribed regulations amendment.
(a) Factors, enumerated. Before acting on an application for an amendment to the regulations prescribed in this title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations;
2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town;
3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable;
4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and
5. Such other factors and criteria the Planning and Environmental Commission and/or Council deem applicable to the proposed text amendment.
(b) Necessary findings. Before recommending and/or granting an approval of an application for a text amendment the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment:
1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town;
2. That the amendment furthers the general and specific purposes of the zoning regulations; and
3. That the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.
(D) Fee. The Town Council shall set a fee schedule for petitions for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of town staff time and other expenses incidental to the review of the petition.
(E) Hearing. Upon filing of a petition for amendment or upon initiation of an amendment by the Town Council, Planning and Environmental Commission or Administrator, the Administrator shall set a date for hearing in accordance with the provisions of § 12-3-6(B) and (C) of this chapter.
(F) Planning And Environmental Commission Recommendation. Within 20 days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on the petition or proposal. The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The Commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council.
(G) Hearing by Town Council. Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing in accordance with § 12-3-6(B) of this chapter.
(H) Action by Town Council. Within 20 days of the closing of a public hearing on a proposed amendment, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to amend the regulations of this title or to change zone district boundaries, either in accordance with the recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the Charter of the town.
(Ord. 8(1973) §§ 21.501, 21.504, 21.506; Ord. 8(1978) § 21.500; Ord. 16(1978) § 8; Ord. 50(1978) § 17; Ord. 49(1979) §§ 2, 3; Ord. 4(2002) § 1; Ord. 29(2005) § 19)
§ 12-3-8 ZONING CHANGES; TOWN PROPERTY.
(A) Appropriate zoning. All real property owned by the town and acquired by sale, purchase, gift, dedication or any other means shall be zoned or rezoned to a zoning category appropriate to the use or proposed use thereof.
(B) Rezone requirements. The zoning classification of any real property owned by the town shall not be changed without full compliance with the terms and requirements of this title.
(C) Town bound by title. Property owned by the town shall not be used contrary to the terms of this title, in particular, the restrictions of the zoning district in which the property is located.
(Ord. 24(1978) § 1; Ord. 5(2003) § 19)
§ 12-3-9 COMPLIANCE; VIOLATIONS; PENALTIES.
(A) Compliance required. It is unlawful to use or occupy or to permit the use or occupancy of any building or portion thereof, or site, or both, which may be erected, converted, altered or placed into use in a manner or for a use or a purpose which is not in conformity with the requirements of this title.
(B) Building permit.
(1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur.
(2) The Town shall not issue a building permit if, at the time of application, the applicant owns any other real property within the Town that is not in full compliance with all applicable requirements of this Code.
(3) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code.
(4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties.
(5) For purposes of this Section, if the applicant is a corporation, company, trust or similar entity, "applicant" includes any of its members, directors, trustees or principals who have a possessory interest in the property that is the subject of the application.
(C) Not exclusive. In case any building or structure is erected, structurally altered, extended, moved or maintained, or any building, structure or land is used in violation of this title, any person may file a written complaint in the Town Municipal Court alleging said violation. The filing of a complaint to the Municipal Court shall be an additional remedy, and shall not preclude the imposition of any other civil or administrative action or sanction.
(D) Liability. The owner or general agent of a building or premises where a violation of any provisions of this title has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a violation of this code and subject to penalty as provided in § 1-4-1 of this code for each and every day that such violation continues. The correction of a violation shall not restrain imposition of these penalties. Each day such violation continues shall constitute a separate violation.
(Ord. 50(1978) § 22; 1997 Code; Ord. 5(2003) § 20; Ord. 16(2023) § 1)
§ 12-3-10 NOTIFICATION OF SURFACE DEVELOPMENT.
It shall be the sole responsibility of the applicant to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of C.R.S. Title 24, Article 65.5, notification of surface development. It shall also be the sole responsibility of the applicant to certify that said notice was provided to the mineral estate owner pursuant to C.R.S. § 24-65.5-103(1).
(Ord. 18(2008) § 1)