The Public Accommodation District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The Public Accommodation District is intended to ensure adequate light, air, open space and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district.

(Ord. 8(1973) § 7.100; Ord. 30(1977) § 7; Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   The following uses shall be permitted in the PA District:

   (A)   Automated teller machines (ATMs) exterior to a building;

   (B)   Employee housing units, as further regulated by Chapter 13 of this title; and

   (C)   Lodges, including accessory eating, drinking or retail establishments located within the principal use and not occupying more than 10% of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch or terrace.

(Ord. 12(2008) § 11)

   The following conditional uses shall be permitted in the PA District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (B)   Communications antennas and appurtenant equipment;

   (C)   Fractional fee club units, as further regulated by § 12-16-7(A)(8) of this title;

   (D)   Healthcare facilities;

   (E)   Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between 10% and 15% of the total gross residential floor area of the main structure or structures on the site;

   (F)   Major arcades;

   (G)   Private clubs and civic, cultural and fraternal organizations;

   (H)   Private parking structures;

   (I)   Private unstructured parking;

   (J)   Professional and business offices;

   (K)   Public and private schools;

   (L)   Public buildings, grounds and facilities;

   (M)   Public parking structures;

   (N)   Public parks and recreational facilities;

   (O)   Public transportation terminals;

   (P)   Public unstructured parking;

   (Q)   Public utility and public service uses;

   (R)   Religious institutions;

   (S)   Ski lifts and tows; and

   (T)   Theaters and convention facilities.

(Ord. 12(2008) § 11)

   The following accessory uses shall be permitted in the PA District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Meeting rooms;

   (C)   Minor arcades;

   (D)   Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted lodge uses; and

   (E)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 8(1973) § 7.400; Ord. 6(1982) § 8(b); Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   The minimum lot or site area shall be 10,000 square feet of buildable area and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries.

(Ord. 12(1978) § 3; Ord. 23(1999) § 1)

   In the PA District, the minimum front setback shall be 20 feet, the minimum side setback shall be 20 feet and the minimum rear setback shall be 20 feet. At the discretion of the Planning and Environmental Commission and/or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (§ 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria:

   (A)   Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas;

   (B)   Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations;

   (C)   Proposed building setbacks will provide adequate availability of light, air and open space;

   (D)   Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties; and

   (E)   Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards.

(Ord. 50(1978) § 2; Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   For a flat roof or mansard roof, the height of buildings shall not exceed 45 feet. For a sloping roof, the height of buildings shall not exceed 48 feet.

(Ord. 37(1980) § 2; Ord. 23(1999) § 1)

   (A)   Up to 150 square feet of gross residential floor area (GRFA) may be permitted for each 100 square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Planning and Environmental Commission in accordance with § 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the Planning and Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. Total density shall not exceed 25 dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards density.

   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 12(1978) § 2; Ord. 50(1978) § 19; Ord. 23(1999) § 1; Ord. 31(2001) §§ 3, 5; Ord. 5(2003) §4; Ord. 29(2005) § 24)

   Site coverage shall not exceed 65% of the total site area. Final determination of allowable site coverage shall be made by the Planning and Environmental Commission and/or the Design Review Board in accordance with § 12-7A-12 of this article. Specifically, in determining allowable site coverage the Planning and Environmental Commission and/or the Design Review Board shall make a finding that the proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 8(1973) § 7.507; Ord. 17(1991) § 7; Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   At least 30% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15 feet with a minimum area not less than 300 square feet.

(Ord. 8(1973) § 7.509; Ord. 19(1976) § 8; Ord. 23(1999) § 1)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least 75% of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the Planning and Environmental Commission and/or the Design Review Board.

(Ord. 8(1973) § 7.510; Ord. 19(1976) § 8; Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   (A)   Review required. The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this chapter and § 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. The following submittal items are required.

      (1)   Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.

      (2)   Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

      (3)   Work sessions/conceptual review. If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council.

      (4)   Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.

      (5)   Lapse of approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void three years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed.

(Ord. 23(1999) § 1; Ord. 31(2001) § 7; Ord. 5(2003) § 5; Ord. 29(2005) § 24)

   It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation District, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.

(Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing; roadway improvements; pedestrian walkway improvements; streetscape improvements; stream tract/bank restoration; loading/delivery; public art improvements; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts.

(Ord. 23(1999) § 1; Ord. 29(2005) § 24)

   For any gross residential floor area added to a public accommodation zoned property following the effective date hereof, a minimum of 70% of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation shall not apply to gross residential floor area being added in accordance with §§ 12-15-4 and 12-15-5 of this title.

(Ord. 23(1999) § 1)

   (A)   Limitations; exception. All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 11(2019) § 9)

   The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village.

(Ord. 21(1980) § 1; Ord. 29(2005) § 24)

   (A)   Permitted uses. The following uses shall be permitted in basement or garden levels within a structure:

      (1)   Retail shops and establishments, including the following:

         (a)   Apparel stores;

         (b)   Art supply stores and galleries;

         (c)   Bakeries and confectioneries;

         (d)   Bookstores;

         (e)   Camera stores and photographic studios;

         (f)   Candy stores;

         (g)   Chinaware and glassware stores;

         (h)   Delicatessens and specialty food stores;

         (i)   Drugstores;

         (j)   Florists;

         (k)   Gift shops;

         (l)   Health food stores;

         (m)   Hobby stores;

         (n)   Jewelry stores;

         (o)   Leather goods stores;

         (p)   Music and record stores;

         (q)   Newsstands and tobacco stores;

         (r)   Sporting goods stores;

         (s)   Stationery stores;

         (t)   Toy stores;

         (u)   Variety stores; and

         (v)   Yardage and dry goods stores.

      (2)   Personal services and repair shops, including the following:

         (a)   Beauty and barber shops;

         (b)   Commercial ski storage/ski club;

         (c)   Small appliance repair shops;

         (d)   Tailors and dressmakers; and

         (e)   Travel and ticket agencies.

      (3)   Eating and drinking establishments, including the following:

         (a)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;

         (b)   Cocktail lounges and bars;

         (c)   Coffee shop;

         (d)   Fountains and sandwich shops; and

         (e)   Restaurants.

      (4)   Professional offices, business offices and studios;

      (5)   Banks and financial institutions;

      (6)   Additional uses determined to be similar to permitted uses described in subsections (A)(1) through (A)(5) of this section, in accordance with the provisions of § 12-3-4 of this title so long as they do not encourage vehicular traffic.

      (7)   Lodges; and

      (8)   Employee housing units, as further regulated by Chapter 13 of this title.

   (B)   Conditional uses. The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Electronic sales and repair shops;

      (2)   Household appliance stores;

      (3)   Liquor stores;

      (4)   Luggage stores;

      (5)   Major arcades;

      (6)   Meeting rooms;

      (7)   Multiple-family dwellings;

      (8)   Outdoor patios;

      (9)   Religious institutions; and

      (10)   Theaters.

(Ord. 39(2007) § 2; Ord. 1(2008) § 12; Ord. 8(2014) § 2; Ord. 2(2016) § 7)

   (A)   Permitted uses. The following uses shall be permitted on the first floor or street level within a structure:

      (1)   Retail stores and establishments, including the following:

         (a)   Apparel stores;

         (b)   Art supply stores and galleries;

         (c)   Bakeries and confectioneries;

         (d)   Bookstores;

         (e)   Camera stores and photographic studios;

         (f)   Candy stores;

         (g)   Chinaware and glassware stores;

         (h)   Delicatessens and specialty food stores;

         (i)   Drugstores;

         (j)   Florists;

         (k)   Gift shops;

         (l)   Hobby stores;

         (m)   Jewelry stores;

         (n)   Leather goods stores;

         (o)   Luggage stores;

         (p)   Music and record stores;

         (q)   Newsstands and tobacco stores;

         (r)   Sporting goods stores;

         (s)   Stationery stores;

         (t)   Toy stores;

         (u)   Travel and ticket agencies;

         (v)   Variety stores; and

         (w)   Yardage and dry goods stores.

      (2)   Eating and drinking establishments, including the following:

         (a)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;

         (b)   Cocktail lounges and bars;

         (c)   Coffee shops;

         (d)   Fountains and sandwich shops; and

         (e)   Restaurants.

      (3)   Lodges;

      (4)   Employee housing units, as further regulated by Chapter 13 of this title;

      (5)   Additional uses determined to be similar to permitted uses described in subsections (A)(1) and (A)(2) of this section, in accordance with the provisions of § 12-3-4 of this title so long as they do not encourage vehicular traffic; and

      (6)   Automated teller machines (ATMs) exterior to a building.

   (B)   Conditional uses. The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Banks and financial institutions;

      (2)   Beauty and barber shops;

      (3)   Electronics sales and repair shops;

      (4)   Household appliance stores;

      (5)   Liquor stores; and

      (6)   Outdoor patios.

(Ord. 39(2007) § 2; Ord. 1(2008) § 12; Ord. 12(2008) § 12)

   (A)   Permitted uses; exception. The following uses shall be permitted on the second floor within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof:

      (1)   Multiple-family residential dwelling;

      (2)   Lodges;

      (3)   Professional offices, business offices and studios;

      (4)   Banks and financial institutions;

      (5)   Personal services and repair shops, including the following:

         (a)   Beauty and barber shops;

         (b)   Business and office services;

         (c)   Tailors and dressmakers; and

         (d)   Travel and ticket agencies.

      (6)   Retail stores and establishments, including the following:

         (a)   Apparel stores;

         (b)   Art supply stores and galleries;

         (c)   Bakeries and confectioneries;

         (d)   Bookstores;

         (e)   Camera stores and photographic studios;

         (f)   Candy stores;

         (g)   Chinaware and glassware stores;

         (h)   Delicatessens and specialty food stores;

         (i)   Drugstores;

         (j)   Florists;

         (k)   Gift shops;

         (l)   Hobby stores;

         (m)   Jewelry stores;

         (n)   Leather goods stores;

         (o)   Music and record stores;

         (p)   Newsstands and tobacco stores;

         (q)   Photographic studios;

         (r)   Sporting goods stores;

         (s)   Toy stores;

         (t)   Variety stores; and

         (u)   Yardage and dry goods stores.

      (7)   Eating and drinking establishments, including the following:

         (a)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;

         (b)   Cocktail lounges and bars;

         (c)   Coffee shops;

         (d)   Fountains and sandwich shops; and

         (e)   Restaurants.

      (8)   Employee housing units, as further regulated by Chapter 13 of this title.

   (B)   Conditional uses. The following uses shall be permitted on second floors, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Dog kennels;

      (2)   Electronics sales and repair shops;

      (3)   Household appliance stores;

      (4)   Liquor stores;

      (5)   Luggage stores;

      (6)   Meeting rooms;

      (7)   Outdoor patios;

      (8)   Religious institutions; and

      (9)   Theaters.

(Ord. 39(2007) § 2; Ord. 1(2008) § 12; Ord. 12(2008) § 12; Ord. 2(2016) § 8)

   (A)   Permitted uses. The following uses shall be permitted on any floor above the second floor:

      (1)   Employee housing units, as further regulated by Chapter 13 of this title;

      (2)   Lodges; and

      (3)   Multiple-family residential dwellings.

   (B)   Conditional uses. The following uses shall be permitted on any floor above the second floor, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include:

      (1)   Retail stores and establishments, including the following:

         (a)   Apparel stores;

         (b)   Art supply stores and galleries;

         (c)   Bakeries and confectioneries;

         (d)   Bookstores;

         (e)   Camera stores and photographic studios;

         (f)   Chinaware and glassware stores;

         (g)   Delicatessens and specialty food stores;

         (h)   Drugstores;

         (i)   Electronics sales and repair shops;

         (j)   Florists;

         (k)   Gift shops;

         (l)   Hobby stores;

         (m)   Jewelry stores;

         (n)   Leather goods stores;

         (o)   Liquor stores;

         (p)   Luggage stores;

         (q)   Music and record stores;

         (r)   Newsstands and tobacco stores;

         (s)   Photographic studios;

         (t)   Sporting goods stores;

         (u)   Stationery stores;

         (v)   Toy stores;

         (w)   Variety stores; and

         (x)   Yardage and dry goods stores.

      (2)   Eating and drinking establishments, including the following:

         (a)   Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises;

         (b)   Cocktail lounges and bars;

         (c)   Coffee shops;

         (d)   Fountains and sandwich shops; and

         (e)   Restaurants.

      (3)   Professional offices, business offices, and studios;

      (4)   Banks and financial institutions;

      (5)   Personal services and repair shops, including the following:

         (a)   Beauty and barber shops;

         (b)   Business and office services;

         (c)   Small appliance repair shops;

         (d)   Tailors and dressmakers; and

         (e)   Travel and ticket agencies.

      (6)   Theaters; and

      (7)   Additional uses determined to be similar to permitted uses described in subsections (B)(1) through (B)(5) of this section in accordance with the provisions of § 12-3-4 of this title, so long as they do not encourage vehicular traffic.

(Ord. 39(2007) § 2; Ord. 1(2008) § 12; Ord. 12(2008) § 12)

   The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (B)   Public buildings, grounds and facilities;

   (C)   Public park and recreation facilities;

   (D)   Public utility and public service uses; and

   (E)   Ski lifts and tows.

(Ord. 8(1973) § 8.300; Ord. 16(1975) § 3(B); Ord. 31(1989) § 8; Ord. 29(2005) § 24)

(Ord. 21(1980) § 1; Ord. 25(1982) § 1(d); Ord. 41(1983) § 1; Ord. 4(1993) § 1; 1997 Code; Ord. 1(1998) § 1; Ord. 5(2003) § 6; Ord. 29(2005) § 24; Ord. 2(2024) § 1)

   In considering, in accordance with Chapter 16 of this title, an application for a conditional use permit within Commercial Core 1 District, the following development factors shall be applicable:

   (A)   Effects of vehicular traffic on Commercial Core 1 District;

   (B)   Reduction of vehicular traffic in Commercial Core 1 District;

   (C)   Reduction of nonessential off-street parking;

   (D)   Control of delivery, pick up, and service vehicles;

   (E)   Development of public spaces for use by pedestrians;

   (F)   Continuance of the various commercial, residential, and public uses in Commercial Core 1 District so as to maintain the existing character of the area;

   (G)   Control quality of construction, architectural design, and landscape design in Commercial Core 1 District so as to maintain the existing character of the area; and

   (H)   Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core 1 District.

(Ord. 16(1975) § 4; Ord. 29(2005) § 24)

   The following accessory uses shall be permitted in the CC1 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

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

   (C)   Outdoor dining areas operated in conjunction with permitted eating and drinking establishments;

   (D)   Swimming pools, patios, or other recreational facilities customarily incidental to permitted residential or lodge uses; and

   (E)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 8(1973) § 8.400; Ord. 16(1975) § 3(C); Ord. 6(1982) § 3(b); Ord. 29(2005) § 24)

   The minimum lot or site area shall be 5,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet.

(Ord. 12(1978) § 3)

   There shall be no required setbacks, except as may be established pursuant to the Vail Village Design Guide Plan and Design Considerations.

(Ord. 21(1980) § 1; Ord. 29(2005) § 24)

   Height shall be as regulated in the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 37(1980) § 2; Ord. 11(1982) § 2; Ord. 29(2005) § 24)

   (A)   Unless otherwise provided in the Vail Village Urban Design Guide Plan, not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed 25 dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half of a dwelling unit for purposes of calculating allowable units per acre.

   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 21(1980) § 1; Ord. 31(2001) §§ 3, 5; Ord. 29(2005) § 24)

   If any building or structure located within Commercial Core 1 District on June 1, 1978, is subsequently destroyed by fire or other casualty to the degree provided in § 12-18-9 of this title, that structure or building may be reconstructed to the same or substantially the same size, dimensions, lot coverage and height in accordance with the procedures outlined in § 12-18-9 of this title, so long as the appearance of the building or structure is the same or substantially the same as existed prior to its destruction.

(Ord. 13(1978) § 2; Ord. 19(1979) § 3(a); Ord. 29(2005) § 24)

   Site coverage shall not exceed 80% of the total site area, unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations. In Commercial Core 1 District, ground level patios and decks shall be included in site coverage calculations.

(Ord. 21(1980) § 1; Ord. 17(1991) § 8; Ord. 29(2005) § 24)

   No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Vail Village design considerations as adopted in § 12-7B-20 of this article.

(Ord. 21(1980) § 1; 1997 Code; Ord. 29(2005) § 24)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title; provided, that no parking shall be provided on site. All parking requirements shall be met in accordance with the provisions of Chapter 10 of this title. Loading requirements shall continue to be applicable to properties within Commercial Core 1 District; provided that no loading areas shall be located in any required front setback area.

(Ord. 13(1978) § 3; Ord. 29(2005) § 24)

   (A)   Limitations; exception. All offices, businesses and services permitted by §§ 12-7B-2 through 12-7B-5 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 8(1973) § 8.511; Ord. 19(1976) § 9; Ord. 34(1982) § 1; Ord. 11(2019) § 1)

   Any building or structure located within Commercial Core 1 District may be reconstructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in § 12-18-9 of this title. The building, however, shall substantially comply with the applicable provisions of the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 21(1980) § 1; Ord. 29(2005) § 24)

   (A)   Adoption. The Vail Village Urban Design Guide Plan and Design Considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail Village (CC1) and to guide the future alteration, change and improvement in the CC1 District. Copies of the Vail Village Design Guide Plan and Design Considerations shall be on file in the Department of Community Development.

   (B)   Revisions. Revisions to the Vail Village urban design guide plan and Design Considerations shall be reviewed by the Planning and Environmental Commission with official action to be taken by the Town Council by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within 30 days following the public hearing on the applications.

(Ord. 21(1980) § 1; Ord. 29(2005) § 24)

   The Commercial Core 2 District is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core 2 District in accordance with the Vail Village Urban Design Guide Plan and Design Considerations, as adopted in § 12-7C-15 of this article is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards.

(Ord. 21(1980) § 2; 1997 Code; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   (A)   Review required. Prior to the establishment of any Commercial Core 2 District or enlargement of any existing Commercial Core 2 District by change of zone district boundaries, the Town Council shall by resolution adopt a general development plan for the proposed zone district. The general development plan may be prepared by an applicant for the establishment of such zone district or may be prepared by the town. The development plan shall be submitted to the Planning and Environmental Commission for review, and the Planning and Environmental Commission shall submit its findings and recommendations on the plan to the Town Council.

   (B)   Development plan content. The Administrator shall establish the submittal requirements for a development plan application.

      (1)   A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan.

      (2)   The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

   (C)   Plan used as guide. The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Design Review Board in accordance with Chapter 11 of this title, shall substantially conform to the development plan adopted by the Town Council.

(Ord. 8(1973) § 9.200; Ord. 31(2001) § 8; Ord. 5(2003) § 7; Ord. 29(2005) § 24)

   In the CC2 District, permitted and conditional uses for specific floors shall be the same as those permitted in the Commercial Core 1 District as prescribed by §§ 12-7B-2 through 12-7B-5 of this chapter. Retail stores and establishments shall not occupy more than 8,000 square feet of floor area.

(Ord. 8(1973) § 9.300; Ord. 50(1978) § 7; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Bed and breakfasts as further regulated by § 12-14-18 of this title;

   (B)   Brewpubs;

   (C)   Commercial storage;

   (D)   Laundromats;

   (E)   Public buildings, grounds and facilities;

   (F)   Public park and recreation facilities;

   (G)   Public utility and public service uses;

   (H)   Religious institutions;

   (I)   Ski lifts and tows;

   (J)   Television stations; and

   (K)   Theaters, meeting rooms and convention facilities.

(Ord. 8(1973) § 9.400; Ord. 50(1978) § 8; Ord. 8(1981) § 2; Ord. 21(1983) § 1; Ord. 31(1989) § 9; Ord. 23(1990) § 1; Ord. 16(1996) § 1; Ord. 10(1998) §§ 5, 6, 7; Ord. 31(2001) § 8; Ord. 29(2005) § 24; Ord. 2(2016) § 9)

(Ord. 21(1980) § 2; Ord. 25(1982) § 1(e); Ord. 4(1983) § 1; Ord. 7(1984) § 1; Ord. 4(1993) § 2; 1997 Code; Ord. 1(1998) § 1; Ord. 31(2001) § 8; Ord. 5(2003) § 8; Ord. 29(2005) § 24; Ord. 2(2024) § 2)

   The following accessory uses shall be permitted in the CC2 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Minor arcades. Amusement devices shall not be visible or audible from public way, street, walkway or mall area;

   (C)   Outdoor dining areas operated in conjunction with permitted eating and drinking establishments;

   (D)   Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses; and

   (E)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 8(1973) § 9.500; Ord. 6(1982) § 4(a); Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   The minimum lot or site area shall be 10,000 square feet of buildable area, and each site shall have a minimum frontage of 30 feet. Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries.

(Ord. 12(1978) § 3; Ord. 31(2001) § 8)

   In the CC2 District the minimum front setback shall be ten feet; the minimum side setback shall be ten feet; and the minimum rear setback shall be ten feet unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 21(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   For a flat roof or mansard roof, the height of buildings shall not exceed 45 feet. For a sloping roof, the height of buildings shall not exceed 48 feet. These restrictions pertain unless otherwise specified by the Vail Village Urban Design Guide Plan and urban design considerations.

(Ord. 37(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   Unless otherwise specified in the Vail Village Urban Design Guide Plan, not more than 80 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed 25 dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 21(1980) § ; Ord. 31(2001) §§ 3, 5, 8; Ord. 29(2005) § 24)

   Site coverage shall not exceed 70% of the total site area, unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 21(1980) § 2; Ord. 17(1991) § 9; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   At least 20% of the total site area shall be landscaped unless otherwise specified in the Vail Village Urban Design Guide Plan and Design Considerations.

(Ord. 21(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area.

(Ord. 8(1973) § 9.610; Ord. 31(2001) § 8)

   (A)   Limitations; exception. All offices, businesses and services permitted by § 12-7C-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 8(1973) § 9.611; Ord. 34(1982) § 2; Ord. 31(2001) § 8; Ord. 11(2019) § 2)

   (A)   Adoption. The Vail Village Urban Design Guide Plan and Design Considerations are adopted for the purpose of maintaining and preserving the character and vitality of Vail Village (CC2) and to guide the future alterations, change and improvement in the CC2 District. Copies of the Vail Village Urban Design Guide Plan and Design Considerations shall be on file in the Department of Community Development.

   (B)   Revisions. Revisions to the Vail Village Urban Design Guide Plan and Design Considerations shall be reviewed by the Planning and Environmental Commission with official action to be taken by the Town Council by resolution on a semiannual basis to ensure that the plan reflects the purposes and intent for which it has been adopted. The review and action shall take place within 30 days following the public hearing on the applications.

(Ord. 21(1980) § 2; Ord. 31(2001) § 8; Ord. 29(2005) § 24)

   The following uses shall be permitted in the Commercial Core 3 District:

   (A)   Automated teller machines (ATMs) exterior to a building;

   (B)   Banks and financial institutions;

   (C)   Communications antennas and appurtenant equipment;

   (D)   Eating and drinking establishments, including the following:

      (1)   Cocktail lounges and bars;

      (2)   Coffee shops;

      (3)   Fountain and sandwich shops; and

      (4)   Restaurants.

   (E)   Employee housing units, as further regulated by Chapter 13 of this title;

   (F)   Health clubs;

   (G)   Personal services and repair shops, including the following:

      (1)   Beauty and barber shops;

      (2)   Business and office services;

      (3)   Cleaning and laundry pick up agencies without bulk cleaning or dyeing;

      (4)   Laundromats;

      (5)   Shoe repair;

      (6)   Small appliance repair shops, excluding furniture repair;

      (7)   Tailors and dressmakers; and

      (8)   Travel and ticket agencies.

   (H)   Professional offices, business offices, and studios;

   (I)   Retail stores and establishments without limit as to floor area including the following:

      (1)   Apparel stores;

      (2)   Art supply stores and galleries;

      (3)   Auto parts stores;

      (4)   Bakeries and confectioneries, preparation of products for sale on the premises;

      (5)   Bookstores;

      (6)   Building materials stores without outdoor storage;

      (7)   Camera stores and photographic studios;

      (8)   Candy stores;

      (9)   Chinaware and glassware stores;

      (10)   Delicatessens and specialty food stores;

      (11)   Department and general merchandise stores;

      (12)   Drugstores;

      (13)   Electronics sales and repair shops;

      (14)   Florists;

      (15)   Food stores;

      (16)   Furniture stores;

      (17)   Gift shops;

      (18)   Hardware stores;

      (19)   Health food stores;

      (20)   Hobby stores;

      (21)   Household appliance stores;

      (22)   Jewelry stores;

      (23)   Leather goods stores;

      (24)   Liquor stores;

      (25)   Music and record stores;

      (26)   Newsstands and tobacco stores;

      (27)   Photographic studios;

      (28)   Radio and television broadcasting studios;

      (29)   Sporting goods stores;

      (30)   Stationery stores;

      (31)   Supermarkets;

      (32)   Toy stores;

      (33)   Variety stores; and

      (34)   Yardage and dry goods stores.

   (J)   Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section.

(Ord. 12(2008) § 13)

   The following conditional uses shall be permitted in the Commercial Core 3 District, subject to issuance of a conditional use permit in accord with the provisions of Chapter 16 of this title:

   (A)   Any use permitted by § 12-7D-1 of this article which is not conducted entirely within a building.

   (B)   Bed and breakfasts, as further regulated by section 12-14-18 of this title;

   (C)   Brewpubs;

   (D)   Child daycare center;

   (E)   Commercial laundry and cleaning services, bulk plant;

   (F)   Commercial storage;

   (G)   Dog kennels;

   (H)   Drive-up facilities;

   (I)   Major arcades;

   (J)   Massage parlors;

   (K)   Outside car wash;

   (L)   Pet shops;

   (M)   Public buildings, grounds, and facilities;

   (N)   Public park and recreation facilities;

   (O)   Public utility and public service uses;

   (P)   Radio and television signal relay transmission facilities;

   (Q)   Religious institutions;

   (R)   Theaters, meeting rooms and convention facilities; and

   (S)   Transportation businesses.

(Ord. 12(2008) § 13; Ord. 2(2016) § 10)

   The following accessory uses shall be permitted in the Commercial Core 3 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Minor arcades;

   (C)   Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential; and

   (D)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 11(1981) § 1; Ord. 6(1982) § 5(b); Ord. 29(2005) § 24)

   The minimum lot or site area shall be 25,000 square feet of buildable area, and each site shall have a minimum frontage of 100 feet.

(Ord. 11(1981) § 1)

   In the Commercial Core 3 District, the setback shall be 20 feet on all exterior boundaries of the zone district.

(Ord. 11(1981) § 1; Ord. 29(2005) § 24)

   For a flat roof or mansard roof, the height of buildings shall not exceed 35 feet. For a sloping roof, the height of buildings shall not exceed 38 feet.

(Ord. 11(1981) § 1)

   Not more than 30 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed 12 dwelling units per acre of buildable site area.

(Ord. 11(1981) § 1)

   Site coverage shall not exceed 40% of the total site area.

(Ord. 11(1981) § 1; Ord. 17(1991) § 10)

   (A)   At least 25% of the total site shall be landscaped.

   (B)   The minimum width and length of any area qualifying as landscaping shall be 15 feet with a minimum area not less than 300 square feet.

(Ord. 11(1981) § 1)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located in any required front setback area.

(Ord. 11(1981) § 1)

   (A)   Limitation; exception. All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 11(1981) § 1; Ord. 34(1982) § 3; Ord. 11(2019) § 3)

   The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the zone district. The Commercial Service Center District is intended to ensure adequate light, air, open space and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses.

(Ord. 8(1973) § 10.100; Ord. 29(2005) § 24)

   (A)   Review required. Prior to the establishment of any Commercial Service Center District or enlargement of zone district boundaries, the Town Council shall by resolution adopt a general development plan for the proposed zone district. The development plan may be prepared by an applicant for the establishment of the zone district or may be prepared by the town. The development plan shall be submitted to the Planning and Environmental Commission for review, and the Planning and Environmental Commission shall submit its findings and recommendations on the plan to the Town Council.

   (B)   Plan content. The Administrator shall establish the submittal requirements for a development plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

   (C)   Plan to be guide. The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Design Review Board in accordance with Chapter 11 of this title shall substantially conform to the development plan adopted by the Town Council.

(Ord. 8(1973) § 10.200; Ord. 5(2003) § 9; Ord. 29(2005) § 24)

   The following uses shall be permitted in the CSC District:

   (A)   Automated teller machines (ATMs) exterior to a building;

   (B)   Banks and financial institutions;

   (C)   Eating and drinking establishments, including the following:

      (1)   Bakeries and delicatessens with food service;

      (2)   Cocktail lounges and bars;

      (3)   Coffee shops;

      (4)   Fountains and sandwich shops; and

      (5)   Restaurants.

   (D)   Employee housing units, as further regulated by Chapter 13 of this title;

   (E)   Personal services and repair shops, including the following:

      (1)   Beauty and barber shops;

      (2)   Business and office services;

      (3)   Cleaning and laundry pick up agencies without bulk cleaning or dyeing;

      (4)   Laundromats;

      (5)   Small appliance repair shops, excluding furniture repair;

      (6)   Tailors and dressmakers; and

      (7)   Travel and ticket agencies.

   (F)   Professional offices, business offices, and studios;

   (G)   Retail stores and establishments without limit as to floor area including the following:

      (1)   Apparel stores;

      (2)   Art supply stores and galleries;

      (3)   Bakeries and confectioneries, including preparation of products for sale on the premises;

      (4)   Bookstores;

      (5)   Building materials stores without outdoor storage;

      (6)   Camera stores and photographic studios;

      (7)   Candy stores;

      (8)   Chinaware and glassware stores;

      (9)   Delicatessens and specialty food stores;

      (10)   Department and general merchandise stores;

      (11)   Drugstores;

      (12)   Electronics sales and repair shops;

      (13)   Florists;

      (14)   Food stores;

      (15)   Furniture stores;

      (16)   Gift shops;

      (17)   Hardware stores;

      (18)   Hobby stores;

      (19)   Household appliance stores;

      (20)   Jewelry stores;

      (21)   Leather goods stores;

      (22)   Liquor stores;

      (23)   Luggage stores;

      (24)   Music and record stores;

      (25)   Newsstands and tobacco stores;

      (26)   Pet shops;

      (27)   Photographic studios;

      (28)   Radio and television broadcasting studios;

      (29)   Sporting goods stores;

      (30)   Stationery stores;

      (31)   Supermarkets;

      (32)   Toy stores;

      (33)   Variety stores; and

      (34)   Yardage and dry goods stores.

   (H)   Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of § 12-7E-1 of this article.

(Ord. 12(2008) § 14)

   The following conditional uses shall be permitted in the CSC District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Any use permitted by § 12-7E-3 of this article, which is not conducted entirely within a building;

   (B)   Bed and breakfasts, as further regulated by section 12-14-18 of this title;

   (C)   Bowling alley;

   (D)   Brewpubs;

   (E)   Child daycare centers;

   (F)   Commercial laundry and cleaning services;

   (G)   Communications antennas and appurtenant equipment;

   (H)   Dog kennels;

   (I)   Major arcades;

   (J)   Multiple-family residential dwellings and lodges;

   (K)   Outdoor operation of the accessory uses as set forth in § 12-7E-5 of this article;

   (L)   Private clubs;

   (M)   Private parking structures;

   (N)   Private unstructured parking;

   (O)   Public buildings, grounds and facilities;

   (P)   Public park and recreation facilities;

   (Q)   Public utility and public service uses;

   (R)   Religious institutions;

   (S)   Ski lifts and tows; and

   (T)   Theaters, meeting rooms, and convention facilities.

(Ord. 12(2008) § 14; Ord. 2(2016) § 11)

   The following accessory uses shall be permitted in the CSC District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Minor arcades;

   (C)   Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses; and

   (D)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 8(1973) § 10.500; Ord. 6(1982) § 6(b); Ord. 29(2005) § 24)

   The minimum lot or site area shall be 20,000 square feet of buildable area, and each site shall have a minimum frontage of 100 feet.

(Ord. 12(1978) § 3)

   In the CSC District, the minimum front setback shall be 20 feet, the minimum side setback shall be 20 feet, and the minimum rear setback shall be 20 feet.

(Ord. 50(1978) § 2; Ord. 29(2005) § 24)

   For a flat or mansard roof, the height of buildings shall not exceed 35 feet. For a sloping roof, the height of buildings shall not exceed 38 feet.

(Ord. 37(1980) § 2)

   (A)   Not more than 40 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area, and gross residential floor area shall not exceed 50% of total building floor area on any site. Total density shall not exceed 18 dwelling units per acre of buildable site area.

   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 12(1978) § 2; Ord. 50(1978) § 19; Ord. 31(2001) § 5)

   Site coverage shall not exceed 75% of the total site area.

(Ord. 8(1973) § 10.607; Ord. 17(1991) § 11)

   At least 20% of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15 feet with a minimum area not less than 300 square feet.

(Ord. 8(1973) § 10.609; Ord. 19(1976) § 11A)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area.

(Ord. 8(1973) § 10.610; Ord. 19(1976) § 11A)

   (A)   Limitations; exception. All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 34(1982) § 4; Ord. 11(2019) § 4)

   The Arterial Business District is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The Arterial Business District is intended to ensure adequate light, air, open space and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service and residential environment.

(Ord. 32(1988) § 2; Ord. 29(2005) § 24)

   (A)   Plan required. Prior to any Design Review Board approval for a building in the Arterial Business District or enlargement of an existing Arterial Business District by change of zone district boundaries the Planning and Environmental Commission shall adopt a general circulation and access plan for the proposed zone district.

   (B)   Plan content. The Administrator shall establish the submittal requirements for a general circulation and access plan application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

   (C)   Plan used as guide. The general circulation and access plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the zone district. All plans subsequently approved by the Design Review Board in accordance with Chapter 11 of this title shall substantially conform to the plan adopted by the Planning and Environmental Commission.

   (D)   Amendments to plan. The general circulation and access plan can be amended by the Planning and Environmental Commission at a public hearing.

   (E)   Prior approval required. Before a building permit is issued on any building, design guidelines for streets and parking lot lights, pavement treatment and benches, must be submitted and approved by the Department of Community Development.

(Ord. 5(1982) § 1; Ord. 5(2003) § 10; Ord. 29(2005) § 24)

   The following uses shall be permitted in the Arterial Business District:

   (A)   Eating and drinking establishments, as follows, are permitted on the first (street) level:

      (1)   Cocktail lounges and bars; and

      (2)   Coffee shops, fountains, sandwich shops and restaurant.

   (B)   Employee housing units, as further regulated by Chapter 13 of this title;

   (C)   Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level:

      (1)   Beauty and barber shops;

      (2)   Shoe repair;

      (3)   Tailors and dressmakers; and

      (4)   Travel and ticket agencies.

   (D)   Professional offices, business offices and studios;

   (E)   Radio and television broadcasting studios;

   (F)   Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed 8,000 square feet in floor area for each such business use and so long as they are located on the first (street) level:

      (1)   Art supply stores;

      (2)   Bookstores;

      (3)   Drugstores;

      (4)   Florists;

      (5)   Newsstands;

      (6)   Stationery stores; and

      (7)   Tobacco stores.

   (G)   Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of § 12-7F-1 of this article.

(Ord. 12(2008) § 15)

   (A)   Enumerated. The following conditional uses shall be permitted in the Arterial Business District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Any use permitted by § 12-7F-3 of this article, which is not conducted entirely within a building;

      (2)   Bed and breakfasts, as further provided by § 12-14-18 of this title;

      (3)   Brewpubs;

      (4)   Child daycare centers;

      (5)   Communications antennas and appurtenant equipment;

      (6)   Microbreweries;

      (7)   Private unstructured parking;

      (8)   Public buildings, grounds and facilities;

      (9)   Public park and recreation facilities;

      (10)   Public utility and public service uses, including screened outside storage;

      (11)   Service yards; and

      (12)   Transportation businesses.

   (B)   Subject to review. The following uses shall be permitted on the first (street) level floor within a structure subject to the issuance of a conditional use permit and are listed as such due to their potential individual and cumulative impacts of generating traffic in the Arterial Business District and will receive review under the provisions of Chapter 16 of this title with specific emphasis on the criteria of traffic generation:

      (1)   Apparel stores;

      (2)   Automotive service stations;

      (3)   Bakeries and confectioneries;

      (4)   Banks and financial institutions;

      (5)   Brewpubs;

      (6)   Business and office services;

      (7)   Camera stores and photographic studios;

      (8)   Child daycare center;

      (9)   Cleaning and laundry pick up agencies without bulk cleaning or dyeing;

      (10)   Convenience food stores, restricted to a maximum of 8,000 square feet and no more than 33% of the gross building area of the entire structure;

      (11)   Furniture stores;

      (12)   Hardware stores;

      (13)   Health clubs;

      (14)   Health food stores;

      (15)   Hobby stores;

      (16)   Household appliance stores;

      (17)   Liquor stores;

      (18)   Music and record stores;

      (19)   Nursery and garden supply;

      (20)   Outside car wash;

      (21)   Pet shops;

      (22)   Small appliance repair shops, excluding furniture repair;

      (23)   Theater; and

      (24)   Yardage and dry goods stores.

(Ord. 5(1982) § 1; Ord. 35(1982) § 2; Ord. 33(1986) § 1; Ord. 32(1988) § 1; Ord. 31(1989) § 12; Ord. 5(1990) § 1; Ord. 8(1992) §§ 24, 25; Ord. 16(1996) §§ 5, 6; Ord. 1(1997) § 4; Ord. 10(1998) §§ 5, 8; Ord. 6(2000) § 2; Ord. 17(2001) § 2; Ord. 29(2005) § 24; Ord. 1(2008) § 15; Ord. 12(2008) § 15)

   The following accessory uses shall be permitted in the Arterial Business District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Minor arcades;

   (C)   Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential; and

   (D)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 5(1982) § 2; Ord. 29(2005) § 24)

   The minimum lot or site shall be 25,000 square feet of buildable site area, and each site shall have a minimum frontage of 100 feet.

(Ord. 5(1982) § 1)

   In the Arterial Business District, setbacks shall be as follows:

   (A)   Side. Fifteen feet where building height is less than 20 feet; 20 feet where building height is over 20 feet;

   (B)   Rear. Ten feet;

   (C)   Underground parking. There will be no setback required for underground parking;

   (D)   Property line adjacent to south frontage road. Where a setback occurs at a property line adjacent to the South Frontage Road, a maximum of 60% of the length of the setback may be kept to the minimum 15 foot distance from the property line. The remaining 40% of the length of the setback shall be 20 feet or more distant from the property line.

(Ord. 5(1982) § 1; Ord. 29(2005) § 24)

   No more than 70% of the roof area may exceed 32 feet and none of the roof area may exceed 40 feet. Minimum slope of the roof shall be three feet in 12 feet. Ten percent of the roof may be flat to allow for a transition of rooflines.

(Ord. 5(1982) § 1)

   Not more than 60 square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area.

(Ord. 5(1982) § 1; Ord. 6(2000) § 2)

   Site coverage shall not exceed 60% of the total site area.

(Ord. 5(1982) § 1; Ord. 17(1991) § 12)

   (A)   Not more than seventy five one-hundredths floor area ratio (FAR) shall be permitted on any site or lot.

   (B)   Up to five-tenths FAR will not require any covered parking.

   (C)   All FAR above five-tenths will require covered or enclosed parking equal in percentage to the FAR. FAR is calculated by dividing the total gross floor area within the enclosing walls of a structure by the total site area of the property.

(Ord. 5(1982) § 1)

   (A)   At least 25% of the total site shall be landscaped, plus the area between the property line and the shoulder of surfaced roads.

   (B)   The minimum width and length of any area qualifying as landscaping shall be ten feet with a minimum area of not less than 300 square feet.

(Ord. 5(1982) § 1)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. No loading area shall be located in any required front setback area. Parking will be based upon the gross floor area (as defined in § 12-2-2 of this title) of a building for commercial and business type uses. No drives, parking or loading areas are permitted in the front setback except for the ingress and egress drive.

(Ord. 5(1982) § 1)

   All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

(Ord. 5(1982) § 1; Ord. 11(2019) § 5)

   (A)   The Heavy Service District is intended to provide sites for automotive oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Heavy Service District, except as stated in § 12-7G-2 of this article, are subject to the conditional use permit procedure.

   (B)   In granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the zone district in order to protect adjoining uses from adverse influences.

(Ord. 8(1973) § 11.100; Ord. 29(2005) § 24; Ord. 12(2008) § 25)

   Employee housing units, as further regulated by Chapter 13 of this title.

(Ord. 8(1973) § 11.200; Ord. 12(2008) § 25)

   The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Animal hospitals and dog kennels;

   (B)   Automotive service stations;

   (C)   Building materials stores;

   (D)   Business offices;

   (E)   Commercial laundry and cleaning services;

   (F)   Communications antennas and appurtenant equipment;

   (G)   Corporation yards;

   (H)   Machine shops;

   (I)   Motor vehicle sales and services;

   (J)   Repair garages;

   (K)   Repair shops;

   (L)   Seasonal plant product business;

   (M)   Sexually oriented businesses;

   (N)   Ski lifts and tows, and accessory dwelling unit for service personnel;

   (O)   Tire sales and services, including retreading and recapping;

   (P)   Transportation businesses;

   (Q)   Trucking terminals and truck service stations;

   (R)   Warehouses;

   (S)   Woodworking and cabinet shops;

   (T)   Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof; and

   (U)   Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of § 12-3-4 of this title.

(Ord. 12(2008) § 16; Ord. 13(2008) § 2)

   The development standards set out in §§ 12-7G-5 through 12-7G-14 of this article shall be considered minimum, and more restrictive standards may be prescribed as conditions of a conditional use permit for any use.

(Ord. 8(1973) § 11.400)

   The minimum lot or site area shall be 10,000 square feet of buildable area, and each site shall have a minimum frontage of 50 feet.

(Ord. 12(1978) § 3)

   In the HS District, the minimum front setback shall be 20 feet, the minimum side setback shall be 20 feet, and the minimum rear setback shall be 20 feet.

(Ord. 50(1978) § 1)

   For a flat roof or mansard roof, the height of buildings shall not exceed 35 feet. For a sloping roof, the height of buildings shall not exceed 38 feet.

(Ord. 37(1980) § 2)

   Not applicable in the HS District.

(Ord. 8(1973) § 11.405)

   Site coverage shall not exceed 75% of the total site area.

(Ord. 8(1973) § 11.407; Ord. 17(1991) § 13)

   At least 10% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be ten feet with a minimum area not less than 200 square feet.

(Ord. 8(1973) § 11.409; Ord. 19(1976) § 11(B))

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located in any required front setback area.

(Ord. 8(1973) § 11.410)

   All offices, businesses, and services permitted by § 12-7G-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and such other activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

(Ord. 8(1973) § 11.411; Ord. 11(2019) § 6)

   No use shall be permitted or conducted in a manner which creates noise objectionable by reason of volume, pitch, intermittence or frequency, which is audible at the boundaries of the site. Specific noise performance standards may be prescribed by a conditional use permit.

(Ord. 8(1973) § 11.412)

   The regulations in this section shall be applicable to the uses listed in this article. Gasoline service stations shall be subject to the following requirements.

   (A)   All fuel storage tanks shall comply with applicable state or EPA aboveground and/or underground storage tank requirements.

   (B)   All gasoline pumps, lubrication or similar devices, and other service facilities shall be located at least 20 feet from any street right-of-way line.

   (C)   All servicing of vehicles, except sale of gas and oil services customarily provided in connection therewith, shall be conducted completely within a structure.

   (D)   All storage of goods shall be completely within a structure.

   (E)   Installation of aboveground or underground tanks shall be approved by the Environmental Health Officer.

   (F)   All aboveground fuel or hazardous material containers shall have secondary containment.

(Ord. 8(1973) § 11.413; Ord. 19(1976) § 11(B); 1997 Code)

   (A)   The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan.

   (B)   This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements; pedestrian/bicycle access; public plaza redevelopment; public art; roadway improvements; and similar improvements.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   (A)   Permitted uses. The following uses shall be permitted in basement or garden levels within a structure:

      (1)   Banks and financial institutions;

      (2)   Child daycare centers;

      (3)   Commercial ski storage/ski club;

      (4)   Eating and drinking establishments;

      (5)   Employee housing units, as further regulated by Chapter 13 of this title;

      (6)   Personal services and repair shops;

      (7)   Professional offices, business offices and studios;

      (8)   Public or private lockers and storage;

      (9)   Recreation facilities;

      (10)   Retail establishments;

      (11)   Skier ticketing, ski school and skier services;

      (12)   Travel and ticket agencies; and

      (13)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Accommodation units;

      (2)   Attached accommodation units;

      (3)   Conference facilities and meeting rooms;

      (4)   Liquor stores;

      (5)   Lodges;

      (6)   Major arcades;

      (7)   Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units;

      (8)   Radio, TV stores and repair shops;

      (9)   Religious institutions;

      (10)   Theaters; and

      (11)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of § 12-3-4 of this title.

(Ord. 39(2007) § 3; Ord. 1(2008) § 16; Ord. 8(2014) § 3; Ord. 2(2016) § 12)

   (A)   Permitted uses. The following uses shall be permitted on the first floor or street level within a structure:

      (1)   Banks, with walk-up teller facilities;

      (2)   Child daycare centers;

      (3)   Eating and drinking establishments;

      (4)   Employee housing units, as further regulated by Chapter 13 of this title;

      (5)   Recreation facilities;

      (6)   Retail stores and establishments;

      (7)   Skier ticketing, ski school and skier services;

      (8)   Travel and ticket agencies; and

      (9)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Accommodation units;

      (2)   Attached accommodation units;

      (3)   Beauty and barber shops;

      (4)   Conference facilities and meeting rooms;

      (5)   Electronics sales and repair shops;

      (6)   Financial institutions, other than banks;

      (7)   Liquor stores;

      (8)   Lodges;

      (9)   Major arcades;

      (10)   Multiple-family residential dwelling units, timeshare units, fractional fee clubs and lodge dwelling units;

      (11)   Religious institutions;

      (12)   Temporary business offices;

      (13)   Theaters; and

      (14)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of section 12-3-4 of this title.

(Ord. 6(2012) § 2; Ord. 2(2016) § 13)

   (A)   Permitted uses. The following uses shall be permitted on those floors above the first floor within a structure:

      (1)   Accommodation units;

      (2)   Attached accommodation units;

      (3)   Employee housing units, as further regulated by Chapter 13 of this title;

      (4)   Lodges;

      (5)   Multiple-family residential dwelling units, lodge dwelling units; and

      (6)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Banks and financial institutions;

      (2)   Child daycare centers;

      (3)   Conference facilities and meeting rooms;

      (4)   Eating and drinking establishments;

      (5)   Electronics sales and repair shops;

      (6)   Fractional fee clubs;

      (7)   Liquor stores;

      (8)   Personal services and repair shops;

      (9)   Professional offices, business offices and studios;

      (10)   Recreation facilities;

      (11)   Religious institutions;

      (12)   Retail establishments;

      (13)   Skier ticketing, ski school and skier services;

      (14)   Theaters;

      (15)   Timeshare units; and

      (16)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of section 12-3-4 of this title.

(Ord. 3(1999) § 1; Ord. 6(2000) § 2; Ord. 18(2005) § 2; Ord. 24(2005) § 3; Ord. 29(2005) § 24; Ord. 1(2008) § 16; Ord. 2(2016) § 14)

   The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (B)   Brewpubs;

   (C)   Coin operated laundries;

   (D)   Commercial storage;

   (E)   Communications antennas and appurtenant equipment;

   (F)   Private outdoor recreation facilities, as a primary use;

   (G)   Public buildings, grounds, and facilities;

   (H)   Public or private parking lots;

   (I)   Public park and recreation facilities;

   (J)   Public utility and public service uses;

   (K)   Seasonal uses or structures utilized for more than 14 days;

   (L)   Single-family residential dwellings;

   (M)   Ski lifts and tows;

   (N)   Television stations;

   (O)   Two-family residential dwellings; and

   (P)   Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of § 12-3-4 of this title.

(Ord. 12(2008) § 17)

   The following accessory uses shall be permitted in the Lionshead Mixed Use 1 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses;

   (C)   Minor arcades;

   (D)   Offices, lobbies, laundry and other facilities customarily incidental and accessory to hotels, lodges and multiple-family uses;

   (E)   Outdoor dining decks and patios;

   (F)   Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses; and

   (G)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   (A)   Review required.

      (1)   Generally. The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection (B) of this section shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title.

      (2)   Submittal items required. The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with § 12-11-4 of this title.

   (B)   Major exterior alteration. The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this chapter and § 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review.

      (1)   Submittal items required, major exterior alteration. The following submittal items are required.

         (a)   Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.

         (b)   Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

   (C)   Work sessions/conceptual review. If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council.

   (D)   Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.

   (E)   Lapse of approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void two years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed.

(Ord. 3(1999) § 1; Ord. 8(2001) § 2; Ord. 5(2003) §11; Ord. 29(2005) § 24)

   It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   The minimum lot or site area shall be 10,000 square feet of buildable area.

(Ord. 3(1999) § 1)

   The minimum building setbacks shall be ten feet unless otherwise specified in the Lionshead Redevelopment Master Plan as a build to line.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   Buildings shall have a maximum average building height of 71 feet with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   No limitation on the number of dwelling units per acre permitted.

(Ord. 3(1999) § 1; Ord. 31(2001) § 5; Ord. 18(2005) § 2; Ord. 4(2019) § 1)

   Up to 250 square feet of gross residential floor area shall be allowed for each 100 square feet of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under § 12-15-5, “Additional Gross Residential Floor Area (250 Ordinance)”, of this title.

(Ord. 3(1999) § 1)

   Site coverage shall not exceed 70% of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   At least 20% of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half of the required parking shall be located within the main building or buildings.

(Ord. 3(1999) § 1)

   (A)   Limitations; exception. All offices, businesses and services permitted in the LMU-1 Zone District shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 3(1999) § 1; Ord. 11(2019) § 7)

   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town’s current employee housing policy; roadway improvements; pedestrian walkway improvements; streetscape improvements; stream tract/bank improvements; public art improvements; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/ development projects which produce substantial off site impacts.

(Ord. 3(1999) § 1; Ord. 29(2005) § 24; Ord. 14(2006) § 3)

   (A)   The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan.

   (B)   This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements; pedestrian/bicycle access; public plaza redevelopment; public art; roadway improvements; and similar improvements.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   (A)   Permitted uses. The following uses shall be permitted in basement or garden levels within a structure:

      (1)   Banks and financial institutions;

      (2)   Child daycare centers;

      (3)   Commercial ski storage/ski club;

      (4)   Eating and drinking establishments;

      (5)   Employee housing units, as further regulated by Chapter 13 of this title;

      (6)   Personal services and repair shops;

      (7)   Professional offices, business offices and studios;

      (8)   Public or private lockers and storage;

      (9)   Recreation facilities;

      (10)   Retail establishments;

      (11)   Skier ticketing, ski school and skier services;

      (12)   Travel and ticket agencies; and

      (13)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Conference facilities and meeting rooms;

      (2)   Electronics sales and repair shops;

      (3)   Liquor stores;

      (4)   Lodges and accommodation units;

      (5)   Major arcades;

      (6)   Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units;

      (7)   Religious institutions;

      (8)   Theaters; and

      (9)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of § 12-3-4 of this title.

(Ord. 39(2007) § 4; Ord. 1(2008) § 17; Ord. 8(2014) § 4; Ord. 2(2016) § 15)

   (A)   Permitted uses. The following uses shall be permitted on the first floor or street level within a structure:

      (1)   Banks, with walk-up teller facilities;

      (2)   Child daycare centers;

      (3)   Eating and drinking establishments;

      (4)   Employee housing units, as further regulated by Chapter 13 of this title;

      (5)   Recreation facilities;

      (6)   Retail stores and establishments;

      (7)   Skier ticketing, ski school and skier services;

      (8)   Travel and ticket agencies; and

      (9)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Beauty and barber shops;

      (2)   Conference facilities and meeting rooms;

      (3)   Electronics sales and repair shops;

      (4)   Financial institutions, other than banks;

      (5)   Liquor stores;

      (6)   Lodges and accommodation units;

      (7)   Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units;

      (8)   Religious institutions; and

      (9)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of § 12-3-4 of this title.

(Ord. 39(2007) § 4; Ord. 1(2008) § 17; Ord. 2(2016) § 16)

   (A)   Permitted uses. The following uses shall be permitted on those floors above the first floor within a structure:

      (1)   Employee housing units, as further regulated by Chapter 13 of this title;

      (2)   Lodges and accommodation units;

      (3)   Multiple-family residential dwelling units, lodge dwelling units; and

      (4)   Additional uses determined to be similar to permitted uses described in this subsection (A), in accordance with the provisions of § 12-3-4 of this title.

   (B)   Conditional uses. The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

      (1)   Banks and financial institutions;

      (2)   Child daycare centers;

      (3)   Conference facilities and meeting rooms;

      (4)   Eating and drinking establishments;

      (5)   Electronics sales and repair shops;

      (6)   Liquor stores;

      (7)   Personal services and repair shops;

      (8)   Professional offices, business offices and studios;

      (9)   Recreation facilities;

      (10)   Religious institutions;

      (11)   Retail establishments;

      (12)   Skier ticketing, ski school and skier services;

      (13)   Theaters;

      (14)   Timeshare units and fractional fee clubs; and

      (15)   Additional uses determined to be similar to conditional uses described in this subsection (B), in accordance with the provisions of § 12-3-4 of this title.

(Ord. 3(1999) § 2; Ord. 6(2000) § 2; Ord. 29(2005) § 24; Ord. 1(2008) § 17; Ord. 2(2016) § 17)

   The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Automotive service stations;

   (B)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (C)   Brewpubs;

   (D)   Child daycare centers;

   (E)   Commercial storage;

   (F)   Communications antennas and appurtenant equipment;

   (G)   Laundromats;

   (H)   Private outdoor recreation facilities, as a primary use;

   (I)   Public buildings, grounds and facilities;

   (J)   Public or private parking lots;

   (K)   Public parks and recreation facilities;

   (L)   Public utility and public service uses;

   (M)   Ski lifts and tows;

   (N)   Television stations;

   (O)   Vehicle maintenance, service, repair, storage and fueling;

   (P)   Warehouses; and

   (Q)   Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of § 12-3-4 of this title.

(Ord. 12(2008) § 18)

   The following accessory uses shall be permitted in the Lionshead Mixed Use 2 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses;

   (C)   Minor arcades;

   (D)   Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges and multiple-family uses;

   (E)   Outdoor dining decks and patios;

   (F)   Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses; and

   (G)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 29(2005) § 24; Ord. 3(1999) § 2)

   (A)   Review required. The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this chapter and § 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review.

   (B)   Submittal items required. The following submittal items are required.

      (1)    Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.

      (2)   Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

   (C)   Work sessions/conceptual review. If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council.

   (D)   Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.

   (E)   Lapse of approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void two years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed.

(Ord. 3(1999) § 2; Ord. 5(2003) § 12; Ord. 29(2005) § 24)

   It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 2 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   The minimum lot or site area shall be 10,000 square feet of buildable area.

(Ord. 3(1999) § 2)

   The minimum building setbacks shall be ten feet unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   Buildings shall have a maximum average building height of 71 feet with a maximum height of 82.5 feet, as further defined by the Lionshead Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in the Lionshead Redevelopment Master Plan. Flexibility with the standard, as incorporated in the Lionshead Redevelopment Master Plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the Design Review Board.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   (A)   Up to a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units and fractional fee club units shall not be counted as dwelling units. Additionally, a “lodge dwelling unit”, as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density.

   (B)   A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third of the total floor area of the dwelling.

(Ord. 3(1999) § 2; Ord. 31(2001) § 5)

   (A)   Up to 250 square feet of gross residential floor area shall be allowed for each 100 square feet of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater.

   (B)   Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under § 12-15-5, “Additional Gross Residential Floor Area (250 Ordinance)”, of this title.

(Ord. 3(1999) § 2)

   Site coverage shall not exceed 70% of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   At least 20% of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half the required parking shall be located within the main building or buildings.

(Ord. 3(1999) § 2)

   (A)   Limitations; exception. All offices, businesses and services permitted in the LMU-2 Zone District shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods or outdoor restaurant seating. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 3(1999) § 2; Ord. 11(2019) § 8)

   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements; pedestrian walkway improvements; streetscape improvements; stream tract/bank improvements; public art improvements; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts.

(Ord. 3(1999) § 2; Ord. 29(2005) § 24)

   The Pubic Accommodation-2 District is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same zone district and compatible with adjacent land uses. This District is intended to provide for lodging sites located outside the periphery of the town’s Vail Village and Lionshead Commercial Core Areas. The Pubic Accommodation-2 District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district.

(Ord. 2(2006) § 2)

   The following uses shall be permitted in the PA-2 District:

   (A)   Employee housing units, as further regulated by Chapter 13 of this title;

   (B)   Limited service lodge, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than 10% of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch or terrace; and

   (C)   Lodges, including accessory eating, drinking or retail establishments located within the principal use and not occupying more than 10% of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace.

(Ord. 2(2006) § 2; Ord. 1(2008) § 23)

   The following conditional uses shall be permitted in the PA-2 District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title:

   (A)   Bed and breakfasts, as further regulated by § 12-14-18 of this title;

   (B)   Fractional fee club units, as further regulated by § 12-16-7(A)(8) of this title;

   (C)   Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between 10% and 15% of the total gross residential floor area of the buildings, grounds and facilities;

   (D)   Public or commercial parking facilities or structures;

   (E)   Public transportation terminals;

   (F)   Public utility and public service uses;

   (G)   Religious institutions; and

   (H)   Theaters and convention facilities.

(Ord. 2(2006) § 2; Ord. 1(2008) § 23; Ord. 12(2008) § 25; Ord. 2(2016) § 18)

   The following accessory uses shall be permitted in the PA-2 District:

   (A)   Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of § 12-14-12 of this title;

   (B)   Meeting rooms;

   (C)   Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses; and

   (D)   Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof.

(Ord. 2(2006) § 2)

   (A)   The minimum lot or site area shall be 10,000 square feet of buildable area and each site shall have a minimum frontage of 30 feet.

   (B)   Each site shall be of a size and shape capable of enclosing a square area, 80 feet on each side, within its boundaries.

(Ord. 2(2006) § 2)

   In the PA-2 District, the minimum front setback shall be 20 feet, the minimum side setback shall be 20 feet, and the minimum rear setback shall be 20 feet. At the discretion of the Planning and Environmental Commission and/or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (§ 12-7J-12 of this article) subject to the applicant demonstrating compliance with the following criteria:

   (A)   Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas;

   (B)   The proposed building setbacks will provide adequate availability of light, air and open space;

   (C)   Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties; and

   (D)   Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards.

(Ord. 2(2006) § 2)

   For a flat roof or mansard roof, the height of buildings shall not exceed 45 feet. For a sloping roof, the height of buildings shall not exceed 48 feet.

(Ord. 2(2006) § 2)

   (A)   Up to 150 square feet of gross residential floor area (GRFA) may be permitted for each 100 square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the Planning and Environmental Commission in accordance with § 12-7J-12 of this article. Specifically, in determining allowable gross residential floor area the Planning and Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed 25 dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre).

   (B)   A dwelling unit in a multiple-family building may include one or more attached accommodation units.

(Ord. 2(2006) § 2)

   Site coverage shall not exceed 65% of the total site area. Final determination of allowable site coverage shall be made by the Planning and Environmental Commission and/or the Design Review Board in accordance with § 12-7J-12 of this article. Specifically, in determining allowable site coverage the Planning and Environmental Commission and/or the Design Review Board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan.

(Ord. 2(2006) § 2)

   At least 30% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15 feet with a minimum area not less than 300 square feet.

(Ord. 2(2006) § 2)

   Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least 75% of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the Planning and Environmental Commission and/or the Design Review Board.

(Ord. 2(2006) § 2)

   (A)   Review required. The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior alteration in accordance with this chapter and § 12-3-6 of this title.

   (B)   Submission. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. The following submittal items are required:

      (1)   Application. An application shall be made by the owner of the building or the building owner’s authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association’s declarations.

      (2)   Application; contents. The Administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal.

      (3)   Work sessions/conceptual review. If requested by either the applicant or the Administrator, submittals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council.

      (4)   Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this title. The Planning and Environmental Commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this title.

      (5)   Lapse of approval. Approval of an exterior alteration as prescribed by this article shall lapse and become void three years following the date of approval by the Design Review Board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed.

(Ord. 2(2006) § 2)

   It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior alteration or new development is in compliance with the purposes of the Public Accommodation-2 (PA-2) Zone District, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.

(Ord. 2(2006) § 2)

   Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing; roadway improvements; pedestrian walkway improvements; streetscape improvements; stream tract/bank restoration; loading/delivery; public art improvements; and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts.

(Ord. 2(2006) § 2)

   (A)   Limitations; exception. All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this section, CONDUCTED ENTIRELY WITHIN A BUILDING means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building.

   (B)   Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays.

(Ord. 11(2019) § 10)