Chapter 2
DEFINITIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34575
12-2-1: WORD CONSTRUCTION:
12-2-2: DEFINITIONS OF WORDS AND TERMS:

12-2-1: WORD CONSTRUCTION:linklink


Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this title, the reference applies to all amendments and additions now or hereafter made. (Ord. 29(2005) § 17: Ord. 8(1973) § 1.500)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34575#s893457

The section below has been affected by a recently passed ordinance, 12-2017 - EMPLOYEE GENERATION AND MITIGATION RATES. Go to new ordinance.

12-2-2: DEFINITIONS OF WORDS AND TERMS:linklink

When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section.

ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code.

ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple-family building designed for or adapted to occupancy by guests which is accessible from a common corridor, walk, or balcony without passing through another accommodation unit, attached accommodation unit, or dwelling unit.

ADMINISTRATOR: The administrator of the department of community development or his/her designee.

AFFECTED PROPERTY: Property within a special development district that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, or character of the approved special development district.

AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead. If any of the property to be included in the special development district is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met.

AMUSEMENT DEVICE: Any device which upon insertion of a coin, slug, token, plate or disc, or payment of consideration may be used by the public for use as a game, entertainment, amusement, a test of skill, either mental or physical, whether or not registering a score, which shall include, but shall not be limited to: pool tables, snooker tables, foosball tables, pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical bulls, but shall not include radios, devices that provide music only, or television carrying commercial broadcasts.

ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the town of Vail.

ARCHITECTURAL PROJECTIONS: Building projections including, but not limited to, towers, stairs, spires, cupolas, chimneys, flagpoles and similar architectural features.

ART IN PUBLIC PLACES BOARD (AIPPB): The art in public places board established pursuant to title 3, chapter 3 of this code.

ATTIC: The space between the ceiling beams of the top story and the roof rafters.

AUTOMOTIVE SERVICE STATIONS: A facility with retail sale of motor fuel, vehicle servicing and repair and optional accessory convenience store.

AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty five (25) years.

AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (25) years.

AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town.

BAKERIES AND CONFECTIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off site.

BARBERSHOP: A commercial establishment whose primary business is the cutting and/or styling of human hair.

BASEMENT: For the purposes of calculating gross residential floor area (GRFA) on the lowest level of a structure, the total percentage of exterior wall surfaces unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculation. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls.

BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning, basement or garden level shall be any floor, or portion of any floor, of a structure located below the first floor or street level of that structure, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single structure. For the purposes of determining floor level, the following factors may be considered: site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure.

BATHROOM: A room containing a working shower or bathtub, sink, and toilet.

BAY WINDOWS: A window or series of windows that projects from the main wall of a building and forming a bay or alcove in a room within.

BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use.

BOWLING ALLEY: A recreation and entertainment facility where the sport of bowling takes place. A bowling alley may also include accessory entertainment facilities and uses such as eating and drinking facilities, retail shops, nightclubs, arcade facilities, billiards, ping pong, darts, meeting rooms, and similar uses.

BREWPUB: An eating place which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed fifty percent (50%) of the total floor area of the commercial space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrel is equivalent to thirty one (31) gallons.

BUILDABLE AREA: Any site, lot, parcel or any portion thereof which does not contain designated floodplain, red hazard avalanche area, or areas in excess of forty percent (40%) slope.

BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals, or property.

CHILD DAYCARE CENTER: A residence or facility that provides regular care and supervision, for an entire day or a portion of a day, for seven (7) or more children who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. A daycare center shall comply with all applicable standards for childcare centers of the Colorado department of social services.

CLUBS, HEALTH: A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodation units, general retail, grocery, liquor and convenience, recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking establishments, service oriented businesses, or similar uses.

COMMERCIAL LINKAGE: An obligation that requires developers to provide housing for a certain number of new employees that are generated by a new commercial development, focusing solely on a development's impact as related to employee generation and not taking into account secondary impacts.

COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components:


A. Personal lockers,


B. Boot dryers,


C. Ski storage racks,


D. Ski tuning,


E. Food and beverage service,


F. Areas for congregation and/or socializing,


G. Restrooms and/or shower facilities,


H. Nonwinter activities,


I. Concierge ski services,


J. Retail sales,


K. Business center.

Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club.

CONFERENCE FACILITY: A facility used for conferences, conventions, seminars, banquets, and entertainment functions, along with accessory functions such as lobbies, preconvene areas, and exhibition space.

CONVENTION FACILITY: A building or portion thereof designed to accommodate three hundred (300) or more persons in assembly, but not including a dining room or meeting room in a lodge, if the dining room or meeting room is designed to accommodate less than three hundred (300) persons.

CREEK OR STREAM: A body of flowing water indicated as a perennial stream on the most recent USGS topographic map of the area.

DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering.

DEED RESTRICTION: A permanent restriction on the use, occupancy and transfer of real property that runs with the land and is recorded against the property in the Eagle County clerk and recorder's office.

DEMO/REBUILD: The destruction, demolition, or removal of fifty percent (50%) or more of the gross residential floor area of an existing dwelling unit or structure. The determination of the fifty percent (50%) shall be calculated upon "gross residential floor area" as defined in this section.

DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land.

DESIGN REVIEW BOARD (DRB): Design review board established pursuant to title 3, chapter 4 of this code.

DEVELOPMENT: The construction, improvement, alteration, installation, erection, or expansion of any building, structure or other improvement in the town.

DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi-unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines.

DORMER: An architectural structure projecting out from a sloping roof of a building designed to provide light, air, access, or interior volume to a space and usually containing a vertical window or ventilating louver, having a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects.

DORMITORY UNIT: A type of employee housing unit which houses not more than five (5) persons and includes common kitchen facilities, a common bathroom, and a minimum of two hundred fifty (250) square feet of GRFA for each person occupying the unit.

DRUGSTORE: An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies.

DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units, designed for or used by three (3) or more families, each living as an independent housekeeping unit.

DWELLING, SINGLE-FAMILY: A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit.

DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit.

DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit.

EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis at a business located in Eagle County.

EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado.

ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment.

FACILITIES, HEALTHCARE: A facility principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition.

FAMILY: Family shall be deemed to be either subsection A or B of this definition:


A. An individual, or two (2) or more persons related by blood, marriage or adoption, excluding domestic servants, together in a dwelling unit used as a single housekeeping unit.


B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an additional two (2) persons per dwelling unit used as a single housekeeping unit.

FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single structure. For the purposes of determining floor level, the following factors may be considered: site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure.

FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary-floodway map.

FLOOR AREA, GROSS RESIDENTIAL (GRFA): See chapter 15 of this title for GRFA definitions, regulations, and requirements for GRFA calculations.

FLOOR AREA, NET: The total floor area within the enclosing walls of a structure not including the following:


A. Areas specifically designed and used for mechanical equipment to operate the building.


B. Stairways.


C. Elevators.


D. Common hallways.


E. Common lobbies.


F. Common restrooms.


G. Areas designed and used for parking.


H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail.

"Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas.

FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements): The floor area within the enclosing walls of a business or structure that is devoted to the seating of guests for dining or meeting purposes, exclusive of lobbies, prefunction areas and kitchen facilities.

FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property.

FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities. The project shall include, or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities.

FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption.

FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado.

FUNICULARS AND OTHER SIMILAR CONVEYANCES: Exterior, tramlike vehicles, designed to move up and down steep slopes by use of rails or tracks.

GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks.

GOLF COURSE: A recreational facility primarily used for: a) the playing of golf, exclusive of miniature golf, including holes consisting of separate tees, fairways, and greens, and b) Nordic skiing; as well as related support facilities such as clubhouses, driving ranges, shelters, and other similar buildings and uses customarily incidental and accessory to a golf course.

GOLF COURSE CLUBHOUSE: The principal building associated with a golf course, which contains facilities typically available in such buildings, including pro shops, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, community space and other similar uses.

GRADE, EXISTING: The existing grade shall be the existing or natural topography of a site prior to construction.

GRADE, FINISHED: The finished grade shall be the grade proposed upon completion of a project.

GRADE, INTERPOLATED: The reestablished topographic conditions of a development site expressed in two foot (2') contour intervals and determined by connecting surveyed spot elevations located at ten foot (10') intervals around the perimeter of a property boundary and used in the determination of maximum allowable building height.

GREENHOUSE: An outdoor structure, heated or unheated, constructed primarily of glass or other rigid translucent material, which is devoted to the protection or cultivation of food or ornamental crops.

HABITABLE: Any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area.

HEIGHT: The distance measured vertically from any point on a proposed or existing roof or eaves to the existing or finished grade (whichever is more restrictive) located directly below said point of the roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the existing grade directly below said point on a proposed or existing roof.

HOME CHILD DAYCARE FACILITY: A residence or facility that provides regular care and supervision, for an entire day, for more than two (2) but not more than six (6) children from birth to sixteen (16) years of age who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care. Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A daycare home shall comply with all applicable standards for childcare centers of the Colorado department of social services.

HOME OCCUPATION: A use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof.

HOOP HOUSE/COLD FRAME: An unheated outdoor enclosure used for the purpose of growing crops and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items.

INCLUSIONARY ZONING: A zoning obligation based on the community's need for employee housing considering many factors and secondary impacts, including scarcity of developable land; rising home values; inadequate availability of employee housing in the market; and direct employee generation impacts.

INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project.

INTERPRETIVE NATURE WALKS: Unpaved pedestrian trails with either fixed signs or marked points which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechanical vehicles except wheelchairs and maintenance equipment.

KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, oven or microwave oven, and refrigerator and food storage facilities.

KITCHENETTE: A room containing the following fixtures and appliances only: a microwave oven, sink, and refrigerator.

LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area.

LAUNDROMAT: A facility where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

LIMITED EDITION: One of no more than nine (9) copies produced from an original artist's mold.

LOBBY: A communal space in or near the entrance area of a building.

LODGE: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units, in which the gross residential floor area devoted to accommodation units or fractional fee club units, is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities.

Notwithstanding the above for properties containing gross residential floor area equal to or less than eighty (80) square feet of gross residential floor area for each one hundred (100) square feet of buildable site area, such properties shall be defined as lodges, provided that gross residential floor area devoted to accommodation units or fractional fee club units exceeds the gross residential floor area devoted to dwelling units.

LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and which contains six hundred fifty (650) square feet or less of floor area and is intended to be rented on a short term basis.

LODGE, LIMITED SERVICE: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of visitors, guests, individuals, or families, on a short term rental basis, in limited service lodge units or any combination of accommodation units, limited service lodge units, fractional fee club units, or dwelling units in which the gross residential floor area devoted to accommodation units, limited service lodge units, and fractional fee club units is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary lodge services and facilities.

LODGE UNIT, LIMITED SERVICE: Any room or group of rooms with "kitchen facilities", as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code.

LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds.

LOT OR SITE LINE, FRONT: The boundary line of a lot or site adjoining a street which provides the primary access or street address of the site, or adjoining the primary access from a street to the lot or site.

LOT OR SITE LINE, REAR: The boundary line of a lot or site extending between the side lines and forming the boundary of the lot or site opposite the front line. In the event of a lot or site having only three (3) lot or site lines, a line ten feet (10') in length within the lot or site extending between the side lines and parallel to the front line shall be deemed the rear line for purposes of establishing setbacks.

LOT OR SITE LINE, SIDE: The boundary line of a lot or site extending from the front line towards the opposite or rearmost portion of the site.

MAJOR ARCADE: A place of business where an individual, association, partnership or corporation maintains five (5) or more amusement devices.

MEETING AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations or groups of people for the purposes of educational, political, social or fraternal advancement.

MICROBREWERY: A mixed use commercial operation that processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting that shall also include an on site public restaurant and/or bar which sells the beer and ale produced on site. The maximum brewing capacity for the microbrewery shall be seven thousand five hundred (7,500) barrels per year. A barrel is equivalent to thirty one (31) gallons. The microbrewery use shall not exceed eight thousand (8,000) square feet of floor area, excluding enclosed areas for loading, trash, and delivery. The public restaurant and/or bar shall have a minimum seating area of two thousand (2,000) square feet and shall be excluded from the total microbrewery maximum square footage limit.

MINOR ARCADE: A place of business where an individual, association, partnership or corporation maintains four (4) or fewer amusement devices.

MULTIPLE USE LOADING FACILITY: A facility where a single off street loading facility serves more than one use or one user.

NATURE PRESERVES: Areas of land and/or water that are managed primarily to safeguard the flora, fauna and physical features it contains, while not precluding public access.

NEXUS STUDY: A report, prepared at the request of the town council, updated at least every five (5) years or more often if deemed necessary by the town council, analyzing the current and future employee housing needs resulting from new development and redevelopment in the town.

OFF SITE: A location within the boundaries of the town other than the site on which the commercial development is located.

OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area.

OFFICE, PROFESSIONAL: An office for the practice of a profession, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of merchandise on the premises occupies less than ten percent (10%) of the floor area.

OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities.

OUTDOOR DISPLAY: A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment, and further regulated by section 12-14-21 of this title.

OUTDOOR RECREATION AREAS, ACTIVE: Outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc.

OUTDOOR RECREATION AREAS, PASSIVE: Outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc.

OWNER: Any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others: has legal or equitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or has charge, care or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the recorder of deeds of the county to be the owner of a particular property shall be presumed to be the person in control of that property.

PARTY WALL: A common wall shared by two (2) attached structures, buildings or dwelling units.

PATHS, BICYCLE AND PEDESTRIAN: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles.

PERSONAL SERVICES: A nonmedical commercial business where a service is offered to the customer and where accessory retail sales of products related to the services may be provided, including, but not limited to, beauty and barber shops, tailor shops, dry cleaners, laundromats, repair shops, and similar services.

PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., and as established by title 3, chapter 2 of this code.

PLANT PRODUCTS: Fertilizers and plant seeds packaged in quantities weighing not more than twenty five (25) pounds, and trees, shrubs, bedding plants, ground cover and Christmas trees and wreaths.

PRIMARY ROOF: A roof which covers five hundred (500) or more square feet of building area. A primary roof shall not include required secondary roof forms, dormers, architectural projections, covered entryways, shopfront colonnades, awnings, louvers, porte-cocheres, covered decks, and other similar roof forms. This definition is used in the determination of building height in the Lionshead mixed use 1 and 2 zone districts. See figures 8-15(a_c) in the Lionshead redevelopment master plan for additional clarification.

PRIMARY ROOF RIDGELINE: Generally the highest or most dominant roof ridgeline(s) atop a building mass or series of building masses used in the determination of building height in the Lionshead mixed use 1 and 2 zone districts. See figures 8-15(a_c) in the Lionshead redevelopment master plan for additional clarification.

PRIMARY ROOF RIDGELINE, ASSUMED: The established centerline portion of a flat or mansard roof and/or the sloping ends of a gambrel or hip roof used in the determination of building height in the Lionshead mixed use 1 and 2 zone districts and as determined by the administrator. See figures 8-15(a_c) in the Lionshead redevelopment master plan for additional clarification.

PRIVATE: A use, area, property or facility which is not public.

PRIVATE CLUB: An association of persons and its premises established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, whose bona fide members pay dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests. Parking structures may not be the sole facility for a private club.

PRIVATE PARKING STRUCTURES: A parking area within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title.

PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title.

PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive use, control, or possession of property due to transfer of property through a deed or other legal document.

PUBLIC: A use, area, property or facility which:


A. Is owned and operated by a governmental entity, and functions or is available for use by all persons whether with or without charge; or


B. Is owned or operated by a person or entity other than a governmental entity, and functions or is available for use by all persons without charge.

PUBLIC ART: Any original creation of artwork that is accessible to the general public.

PUBLIC PARKING STRUCTURES: A parking area within a building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title.

PUBLIC UNSTRUCTURED PARKING: A parking area not within a building for use by the public, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title.

PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, stormwater, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, business offices, or communications antennas and appurtenant equipment.

QUASI-PUBLIC: A use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity.

REAL ESTATE OFFICE: An office for the purpose of conducting real estate transactions and/or property management.

RECREATION AMENITIES TAX: A fee or dues levied on certain development that is used to fund an exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses, driving ranges, playgrounds, and other similar amenities.

RECREATION STRUCTURE: Any detached (i.e., not connected to any main structure or structures) covering erected over a recreational amenity which is not a seasonal structure. For the purposes of this title, recreation structures shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure is subject to design review.

RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses, driving ranges, playgrounds, and other similar amenities.

REDEVELOPMENT: The construction, improvement, alteration, installation, erection, expansion or change in use of any existing building, structure or other improvement in the town that results in an increase in net floor area or GRFA.

RELIGIOUS INSTITUTION: A building or portion of a building used primarily for public worship by any number of congregations, along with those incidental and secondary uses such as a dwelling unit for members of the clergy or other spiritual leaders, office space, meeting rooms, and classrooms for religious education and community meeting space, but excluding buildings used exclusively for residential, educational, recreational or other uses not associated with public worship. Includes churches, chapels, cathedrals, temples, and similar designations.

REMODELING: The alteration or renovation of the interior only of an existing residential dwelling unit in the town of Vail, without any increase in GRFA.

RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single-family dwellings, two-family dwellings, multiple-family dwellings, fractional fee club units, lodge dwellings units, attached accommodation units, and timeshare units.

ROOF, FLAT: A roof that is not pitched and the surface of which is generally parallel to the ground.

ROOF, MANSARD: A roof with two (2) slopes on each of four (4) sides, the lower steeper than the upper.

SATELLITE DISH ANTENNA: A dish shaped or parabolic shaped reception or transmission antenna which is more than two feet (2') in diameter (including dishes stored or temporarily placed for more than 1 day) for the reception and/or transmission of satellite signals, including, but not limited to, television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use.

SEASONAL PLANT PRODUCTS BUSINESS: Any person, corporation, company or partnership which sells any "plant products" as defined in this section. A seasonal plant products business shall only operate as a conditional use in zone districts where it is allowed. A seasonal plant products business shall be entitled to not more than two (2) permits per lot for any one year, and each permit shall not exceed sixty (60) consecutive days each. Whenever a seasonal plant products business is not in operation, all structures, fixtures, materials for sale and equipment relating to the business shall be removed from the site or location of operation within a period not to exceed seventy two (72) hours.

SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educational, recreational, and cultural activities. Such temporary coverings may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure is subject to design review.

SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site.

SETBACK AREA: The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site.

SETBACK LINE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site.

SETBACK LINE, FRONT: The setback line extending the full width of the site parallel to and measured from the front lot or site line.

SETBACK LINE, REAR: The setback line extending the full width of the site parallel to and measured from the rear lot or site line.

SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line.

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the state of Colorado engages in approved and recognized sexual therapy.

SHOPS, BEAUTY AND BARBER: A facility where one or more persons engage in the practice of cosmetology, including hair, nail and skin care.

SHOPS, ELECTRONICS SALES AND REPAIR: A facility where home electronics are sold and/or repaired on the premises.

SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding thirty (30) days.

SITE: (See also definition of Lot Or Site.) A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds.

SITE COVERAGE: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte-cochere, arcade, and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns.

For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns.

SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a final major or minor subdivision plat, or a special development district development plan.

SLOPE: The deviation of a surface from the horizontal, expressed in percent or degrees and calculated through rise over run.

SPA: A commercial establishment providing services including massage, body or facial treatments, makeup consultation and application, manicures, pedicures and similar services, but excluding beauty and barber shops.

SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title.

SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of chapter 9, article A of this title. Minor amendments may include, but not be limited to, variations of not more than five feet (5') to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area.

STORAGE AREA: An area within a dwelling unit which is designed and used specifically for the purpose of storage and is not required by the latest edition of the adopted building codes to provide either light, ventilation, or to comply with any code requirement for its function or existence.

STORE, CONVENIENCE FOOD: Commercial retail entity that specializes in selling fast food and beverage, and only includes counter service, not table service.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the discretion of the design review board, swimming pools and tennis courts may be exempted from this definition.

STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment employed which is objectionable or injurious to persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumination, glare, unsightliness, or hazard of fire or explosion.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

SUBSTANTIAL OFF SITE IMPACT: An impact resulting from development or redevelopment on the surrounding neighborhood and public facilities in the vicinity of a development or redevelopment site having a considerable amount of effect upon the area. For example, 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.

THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures.

TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes section 38-33-110.

TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified premises; provided, that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The premises may consist of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of interval estate, timeshare or time span estate.

TIMESHARE UNIT: A dwelling unit which includes the following forms of interval property ownership: fractional fee, timeshare estate, or timeshare license, as approved by the town of Vail. No offer of a fractional fee, timeshare estate, or timeshare license in a timeshare unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a timeshare unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption.

TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple-family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes.

TRANSPORTATION BUSINESS: A business which provides transportation for persons in the form of a shuttle service (e.g., van transportation) or by providing automobiles for customers (e.g., car rental). Transportation businesses do not include businesses providing vehicles for the transportation of goods or products including, but not limited to, panel trucks, moving vans and trucks, and other similar vehicles.

TRUSS TYPE STRUCTURAL SYSTEM: A structural system that includes trusses used as structural support, perpendicular to the outside walls, on the inside of a roof structure.

UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved.

USABLE OPEN SPACE: Outdoor space usable for outdoor living or recreational activities, including patios, terraces, gardens, lawns, swimming pools, water features, or recreation areas, and decks or balconies, but excluding driveways, parking areas, access walks, utility and service areas, and required setback areas. Patios used for restaurant and bar service shall not be considered as usable open space.

USABLE OPEN SPACE, GROUND LEVEL: Usable open space provided at grade or on decks or similar structures not more than ten feet (10') above ground level and accessible from ground level.

USE: The purpose for which a site or structure or portion thereof is arranged, designed, intended, erected, moved, altered, or enlarged, or for which either a site or structure or portion thereof is or may be occupied or maintained.

USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use.

USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the zoning regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions.

USE, PERMITTED: A principal use or activity allowed by right within a zone district.

VAIL COMPREHENSIVE PLAN: An advisory master plan for the development of the town of Vail. The Vail comprehensive plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park master plan (adopted August 5, 1985), land use plan (adopted November 18, 1986), Vail Village master plan (adopted January 16, 1990), streetscape master plan (adopted November 20, 1991), transportation master plan (adopted January 1993), municipal cemetery master plan (adopted December 7, 1993), comprehensive open lands plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead redevelopment master plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001).

VARIANCE: Permission to depart from the literal requirements of a zoning ordinance, as further regulated by this title.

VEHICLE, COMMERCIAL: A vehicle that is designated for commercial use through licensing requirements by the state of Colorado.

VEHICLE STORAGE YARD: An area where vehicles are temporarily parked while awaiting repair or disposition. Vehicles stored in a vehicle storage yard must be licensed vehicles, and no one vehicle may remain in such a storage yard for more than one hundred twenty (120) consecutive or nonconsecutive days in a one year period. A vehicle storage yard does not include the repair and servicing of vehicles or the removal and sale of vehicle parts or other accessories.

VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan.

VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this title.

VIEW POINT ORIGINATION: The survey point, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor.

ZONE DISTRICT: A specifically delineated area in the town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the town of Vail official zoning map.

ZONING MAP: A map that specifies the boundaries of zone districts within the town of Vail. (Ord. 27(2016) § 1: Ord. 26(2016) § 1: Ord. 2(2016) § 2: Ord. 1(2016) § 1: Ord. 8(2014) § 1: Ord. 21(2012) § 1: Ord. 2(2012) § 2: Ord. 22(2010) § 1: Ord. 13(2008) § 1: Ord. 12(2008) § 1: Ord. 8(2008) § 2: Ord. 1(2008) § 1: Ord. 39(2007) § 1: Ord. 32(2007) § 12: Ord. 28(2007) § 2: Ord. 22(2007) § 2: Ord. 8(2007) § 1: Ord. 7(2007) § 1: Ord. 4(2006) § 1: Ord. 2(2006) § 2: Ord. 29(2005) § 18: Ord. 24(2005) § 3: Ord. 18(2005) § 2: Ord. 26(2004) §§ 1, 2: Ord. 14(2004) § 1: Ord. 33(2003) § 1: Ord. 18(2003) § 1: Ord. 5(2003) § 1: Ord. 29(2002) § 2: Ord. 28(2002) § 2: Ord. 31(2001) § 2: Ord. 24(2001) § 10: Ord. 19(2001) § 3: Ord. 17(2001) § 2: Ord. 5(2001) § 6: Ord. 9(2000) § 1: Ord. 23(1999) § 2: Ord. 22(1999) § 7: Ord. 3(1999) § 3: 1997 Code: Ord. 13(1997) § 1: Ord. 1(1997) §§ 1, 2: Ord. 22(1996) § 1: Ord. 14(1996) § 1: Ord. 6(1995) § 6: Ord. 21(1994) §§ 1 - 7: Ord. 17(1994) § 1: Ord. 33(1993) § 1: Ord. 9(1993) §§ 1 - 5: Ord. 8(1992) §§ 1 - 3: Ord. 43(1991) §§ 1, 2: Ord. 35(1991) § 1: Ord. 17(1991) § 2: Ord. 15(1991) § 1: Ord. 27(1990) § 1: Ord. 31(1989) §§ 16 - 19: Ord. 32(1988) § 1: Ord. 36(1987) § 1: Ord. 9(1985) § 1: Ord. 41(1982) § 1(A - B): Ord. 26(1982) §§ 7, 8: Ord. 23(1982) §§ 1, 2: Ord. 6(1982) § 1(a - c): Ord. 37(1980) § 1: Ord. 26(1980) § 1: Ord. 16(1978) § 1: Ord. 12(1978) § 1: Ord. 30(1977) § 1: Ord. 19(1976) § 2: Ord. 8(1973) § 1.600)

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