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TC Ord. No. 1983-360 0 TOWN OF AVON ORDINANCE NO. 83-36 Series of 1983 AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.24 OF TITLE 17 OF THE MUNI- CIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING AND LOADING; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. Repeal and Reenactment. Chapter 17.24 of Title 17 of the Municipal Code of the Town of Avon is hereby repealed and reenacted as follows: 17.24.010 Scope and Application A. Scope of Regulations: The off-street parking and loading provisions of this Section shall apply as follows: 1. For all buildings and structures erected, and all uses of land established after the effective date of this ordinance, accessory parking and loading facilities shall be provided in accordance with the provisions of this Section and subject to any restrictions contained elsewhere in this Ordinance for the district in which such facilities are loca- ted. However, where the final development plan has been approved prior to the effective date of this Section and if a building.permit is applied for within in six months after such effective date, parking and loading facilities in the amounts required at the time of approval of plan may be provided in lieu of any different amounts required by this Chapter. Construction shall be diligent- ly prosecuted to completion. Any final plans receiving approval after the effective date of this Chapter shall conform to the Parking and Loading Requirements of this Chapter. 2. When the intensity of use of any building, struc- ture, or premises shall be increased through the addition of dwelling or accommodation units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities as required herein shall be provided for such increase in intensity of use. -1- • • 3. Whenever the existing use of a building or structure shall hereafter be converted to a new use, parking or loading facilities shall be provided as required for such new use. B. Existing Parking and Loading Facilities: Accessory off-street parking and loading facilities in existence on the effective date of this Chapter, and located on the same lot as the building or use served, shall not hereafter be reduced below the requirements of this Section for a similar new building or use. If such existing faciltites are already below the required amount, they shall not be hereafter further reduced. C. Permissive Parking and Loading Facilities: Nothing in this Chapter shall be deemed to disallow the volun- tary establishment of off-street parking or loading faci- lities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are satisfied. D. Damage or Destruction: For any conforming or legally nonconforming building or use which is in existence on the effective date of this Chapter, which subsequently thereto is damaged or destroyed more than 50% of the total value by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished, or repaired, off-street parking or loading facilities shall be provided as required by this Chapter. E. Submission of Site Plan: Any application for a Building Permit, or for a Certificate of Occupancy where no Building Permit is required, shall include therewith a Site Plan, drawn to scale and fully dimensioned, showing all off-street parking or loading facilities and points of access to be provided. 17.24.020 Off-Street Parking A. General Requirements 1. Location: All parking spaces required to serve buildings or uses erected, established, altered or enlarged after the effective date of this Ordinance shall be located on the same lot as the building or use served, except that up to 40% of the park- ing spaces required to serve industrial buildings or uses may be located within 500 feet of the building or use served, or to serve commercial and residential buildings or uses may be located within 300 feet of such building or use served, but only if such parking is developed in accord with all -2- the applicable district regulations. Off-site park- ing shall not be located in such a location so as to require the user to cross a major barrier such as a street, river, ditch, etc., in order to reach the use requiring the parking. Establishment of off-site parking shall be a Special Review Use as set forth in the Chart of Allowed Uses Section 17 .20 .010 D. Buildings or uses existing on the effective date of this Chapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this Chapter, may be served by park- ing facilities located on land other than the lot on which the building or use served is located, pro- vided such facilities are within 500 feet walking distance of a main entrance to the use served for industrial uses and 300 feet for commercial uses. Owners of property nonconforming as to parking requirements, who elect to provide additional parking may locate such parking on land other than the lot on which the building or use is located, subject to the provisions listed immediately above. Off-street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces when open to the sky, may be located in any yard except the front 10 feet of the required front yards, and unless otherwise specifically restricted by this Chapter. Enclosed buildings and carports containing off-street parking shall be subject to the applicable district yard requirements. 2. Control of off-site Parking Facilities: In cases where parking facilities are permitted on land other than the lot on which the building or use served is located, such facilities shall be in the same posses- sion as the lot occupied by the building or use to which the parking facilities are accessory. Such possession shall be by deed or lease, and such deed or lease shall be filed with the Recorder of Deeds of Eagle County. If possession is by lease, the term of the lease shall be perpetual in nature running for the duration of the use requiring the parking. Should the lease be terminated prior to the termination of the use, the person operating the use shall provide evidence that all off-street parking requirements are being met. Failure to do so shall classify the use as an illegal nonconforming use and appropriate action shall be taken by the Zoning Administrator to -3- 0 0 terminate the use or bring it into compliance with the requirements of this Chapter. 3. Size and Vertical Clearance: All minimum require- ments as to size, shape, and design of spaces, aisles and drives shall meet standard Town of Avon specifications. Such space shall have a vertical clearance of at least seven and one-half feet, a minimum width of 9 feet and depth of 18 feet for 90 degree parking. All spaces exposed to the weather shall be marked with yellow striping at least once a year. 4. Access: Except on lots accommodating single family or duplex dwellings, each off-street parking space shall open directly upon an aisle or driveway of a width of 24 feet for 90 degree parking and design meeting standard Town of Avon specifications. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least inter- fere with traffic movement; and all such points of access must be approved by the Town's Engineer. 5. Shared Parking Provisions: a. Private Facilities: Off-street parking facil- ities for separate uses may be provided collect- ively if the total number of spaces so provided is not less than the sum of the separate requirements governing location of accessory parking spaces in relation to the use served and adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise author- ized by the Planning and Zoning Commission. b. Public Facilities: Where the Town has constructed or proposes to construct, public off-street parking facilities, the Town Council may, by resolution, establish a shared parking district within the boundaries of an area set forth by the resolution. When such a shared parking district has been established, all, or a part, of the private off-street parking spaces required within the parking district may be pro- vided by a public off-street parking facility located within said district. Prior to property owners within the established parking district being allowed to so reduce the number of private off-street parking spaces, such owners shall submit, and the Town Council must approve, a Parking and Site Development -4- 9 0 Plan for the affected properties within the parking district. Such Plan shall show proposed development of the area and how the total number of required off-street parking spaces will be provided by the use of public and private faci- lities. In addition to an approved Parking and Site Development Plan, the Town Council may, as it deems necessary and appropriate, require formal agreements with the property owners concerning land dedications and easements, participation in construction and maintenance costs of the public facilities, and other re- lated matters. Subsequent to formal execution of agreements, and availability of the public parking facilities, property owners may reduce the number of private off-street spaces required in accord with the approved Parking and Site Development Plan. The total number of off-street parking spaces provided by the combined public and private facilities within the shared parking district shall not be at any time less than the number required by this Section. 6. Reduction in Parking Requirements for Mixed Use Lots: When more than one use is present or proposed on a lot the total sum of the parking requirements shall be met unless authorized as a Special Review Use under the following conditions: a. Upon submittal of adequate evidence that particular uses for which parking is required by this Chapter are limited to different specific portion of a day or that a use is specifically or primarily patronized by persons for whom parking is required through another use on the premises, the sum of the parking requirements may be reduced. b. The reductions accountable to any specific use may be no more than 25% of its normal parking requirements and the total reduction for any parking requirement shall be no more than 20% of the sum of normal requirements. C. Any change of use on the lot, including changes in hours of operation, shall be allowed only after review of approval by the Planning & Zoning Commission. d. The sum total of the required parking exceeds a total of 29 spaces. -5- 9 0 Any apRlication for reduction in total parking re- quirement is a voluntary act on the part of the owner of any building or land use. If any reduction is granted by the Planning & Zoning Comission, the owner shall agree in writing to be subject to review by the Planning & Zoning Commission for any change, including change in hours of operation. Any reduction in a number of required parking spaces in mixed use cases is a matter of reasonable dispensation and not a matter of right. The Planning & Zoning Commission may only grant said reduction if evidence is presented which clearly indicates that an adequate number of parking spaces will be provided. Reductions in the number of required parking spaces for mixed uses shall not be taken in combination with a reduction allowed for a large lot. 7. Parking Space Size Reduction for Compact Cars: Up to 30% of the total number of parking spaces provided in covered or underground structures on lots containing twenty five or more parking spaces may be reduced in size down to a minimum of 8 feet in width by 16 feet in length for use by compact cars. Such spaces shall be clearly signed for com- pact cars only and marked with double yellow stripping. Any owner of property desiring to reduce parking stall sizes for compact cars shall submit to the Planning & Zoning Commission a Special Review Use request for such reduction. 8. Reduction in Parking Requirements for larger Park- Lots: Parking requirements may be reduced based on the total size of a parking area based on the following chart if approved by the Planning & Zoning Commission as a Special Review Use. Total Requi,r_ed Maximum Reductions up to 50 spaces No reduction 50 to 100 spaces 5% 100 to 250 spaces 10% 250 and over 15% Reduction in parking spaces for large lots shall not be taken in combination with a reduction allowed for mixed use parking requirements. 9. Computation: When determination of the number of off-street parking spaces required by this Chapter results in a requirement of a fractional space, any -6- • fraction shall be counted as one parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty and/or residing on the premises at any one time. 10. Utilization: Except as may additionally be provided for the parking of trucks and other large vehicles, accessory off-street parking facilities provided in accord with the requirements of this Chapter shall be solely for the parking of passenger motor vehicles of patrons, occupants, visitors, or employees of such uses. 11. Design and Maintenance: a. Plan: Except for single family and two family residential uses, the design of parking lots or areas shall meet standard Town of Avon speci- fications. b. Character: Accessory parking spaces may be open to the sky or enclosed in a building. C. Surfacing: All open, off-street parking areas shall be surfaced with asphaltic concrete, concrete, or other approved hard surface, which shall be constructed and maintained in accord with specifications of Town Engineering Depart- ment. d. Drainage: All open off-street parking areas shall be graded and drained to dispose of sur- face water accummulation in accord with standard Town Engineering Department practices. e. Landscaping: All open vehicle parking areas containing more than 6 parking spaces shall contain at least 50 of the area in landscaping that blends in compatibly with adjacent exist- ing or proposed developments. Such landscaping shall be in keeping with the character of the Town. Large lots containing more than 30 park- ing spaces shall be periodically broken up with islands containing landscaping similar in character to that found throughout the Town. Said landscaping shall be evenly spread through- out the parking area. The area located outside the actual perimeter of the parking lot shall not be counted in the 5% required landscaping area. f. Lighting: Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public -7- street in such a way as not to create a nuisance. All lighting shall be a sodium vapor type light. g. Wheel Guards: All perimeter parking spaces, except for single family and duplex family use, shall be provided with wheel guards or bumper guards so located that no part of parked vehicles will extend beyond the property line. h. Vehicle Repair and Service Restrictions: No vehicular repair, service, or maintenance activities, done anywhere upon a residential district lot shall be done for remuneration; additionally, no such activities whether or not for remuneration shall be permitted on any vehicle with either a gross weight or a gross carrying weight of 10,000 pounds or more. B. Specific Requirements: All off-street parking spaces required by this Ordinance, except those required for single and two family dwellings, shall be designed in accordance with the standard Town of Avon specifications. Off-street parking spaces shall be provided in accordance with the specific Parking Require- ments as hereinafter set forth in the Off-Street Parking Table. Parking spaces for major accessory uses which are specifi- cally enumerated within the Parking Table shall be provided in addition to those required by the principal use. Parking spaces for accessory uses not specifically enumerated within the parking table shall be assumed to be included in the principal use requirement. If, for any reason, the classification of any use for the purpose of determining the amount of off-street parking, or the number of spaces to be provided by such use is not readily determinable hereunder, the parking requirements of such use or the number of spaces to be provided shall be determined by the Zoning Administrator, after recommen- dation by appropriate Town departments, based upon the most similar uses for which specific requirements are provided. C. OFF-STREET PARKING TABLE 1. RESIDENTIAL LAND USE MINIMUM REQUIREMENTS a. Per dwelling unit: (1) Single family or duplex 2 spaces/unit 3 spaces/unit for units over -8- 2,500 Sq.Ft. not including garage (2) Multi-family building & townhouses (a) Studio 1 space (b) One bedroom 1 1/2 spaces (c) All others 2 spaces b. Per accomodation unit including lockoffs: (1) One bedroom 1 space (2) Over one bedroom 1 space plus 1/2 space for each additional bedroom in excess of one c. Guest Parking spaces: Multi-family and townhouses (1) 3 - 5 units (2) 6 - 10 units (3) 11 - 15 units (4) 16 - 20 units (5) 21 - 25 units (6) over 25 units d. Mobile Home Parks 2 spaces 3 spaces 4 spaces 5 spaces 6 spaces 7 spaces plus 1 space for each 5 units on excess of 25 upto a maximum of 10 additional spaces 2spaces/mobile home space 2. COMMERCIAL LAND USE MINIMUM S TAN DARD a. Shopping & Convenience Goods Retail 4/1000 Sq. Ft. GLFA b. Personal Services & Repair Est. Business & Professional Services Office Buildings & Banks (except Drive- In Banks) 3/1000 Sq. Ft. GLFA c. Drive-In Banks 3/1000 Sq. Ft. GFA plus 5 storage spac es/outside teller window or drop station -9- i d. Restaurants - Food consumed within structure only, outside patio used with a bar or restaurant do not require any additional parking. e. Restaurants - Carry out only - food consumed on premises f. Restaurants with drive-up window g. Service Stations h. Commercial Recreation Facilities Bowling Alleys Tennis Courts Handball & Racquetball Courts Swimming Pools Skating Rinks 3. INDUSTRIAL LAND USES Manufacturing Plants, Warehousing, Wholesaling establishments, Freight terminals 1/60 Sq. Ft. of seating area 10/1000 Sq. Ft. GFA 1/60 Sq. Ft. of seating area plus storage for 7 car/drive- up window 2/1000 Sq. Ft. GFA 4/Alley plus 1/employee 4/Court plus 1/employee 2/Court plus 1/employee 20/1000 Sq. Ft. GWA 10/1000 Sq. Ft. GFA 1/800 Sq. Ft. GFA 4. EDUCATIONAL LAND USES a. Nursery schools & Day Care Centers 2/1000 Sq. Ft. GFA b. Elementary & Funior High Schools 1/Employee c. Senior High Schools 1/Employee plus 1/6 students based on design capacity d. Trade Schools 1/Each 2 students 5. MEDICAL LAND USES a. Doctors offices, including optomitrist, medical, dental, Chiropractor, Chiropodist, and all others 8/1000 Sq. Ft. GFA b. Hospitals 1/bed 6. PUBLIC BUILDINGS a. Auditoriums, theatres, stadiums, & arenas 1/4 seats b. Museums & Libraries. 4/1000 Sq. Ft. GFA nts -10- 0 c. Public Utilities Companies 7. OTHER LAND USES a. Churches b. Clubs and Lodges c. Other Uses 9 3/1000 Sq. Ft. GFA 1/Each 3 seats provided in main seating area 5/1000 Sq. Ft. GFA As determined by Zoning Administrator -11- 0 • 17.24.030 OFF-STREET LOADING A. General Requirements 1. Location: All required loading berths shall be located on the same lot as the use served. No permitted or re- quired loading berth shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front yard. 2. Size: Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. 3. Access: Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall meet standard Engineer- ing Department specifications. All driveways servicing off-street loading berths shall be in accordance with applicable Town driveway standards. 4. Utilization: Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any required off-street parking facilities or portions thereof. 5. Central loadings Central loading facilities may be substituted for loading berths on individual lots, pro- vided the following conditions are fulfilled: a. Each lot served shall have direct access to the central loading area without crossing streets or alleys at grade. b. Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. 6. Minimum Facilities: Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum pre- scribed for such required facilities, shall be provided with the adequate receiving facilities accessible by motor vehicle off any adjacent alley, service drive', parking lot, or open space located on the same lot. B. SPECIFIC REQUIREMENTS The minimum amount of off-street loading or unloading space to -12- • 9 be provided shall be as follows: LAND USE GROSS FLOOR AREA Floor Area Floor Area Requiring an Floor Area Requiring one Additional Requiring 121X 35'Berth 121X 35'Berth 121X 55'Berth 1. Residential: Multi-Family As determined by the Planning and Zoning Dwellings Commission. 2. Office-Institutional- Educational: (a) Health & Medical Insti- tutional uses. Educational, cultural, religious institutions. Recreation & Social. Banks, financial institutions. Medical-Dental Clinics, Business & Professional offices. 10,000 Sq. Ft. Over 100,000 Sq. Ft. 3. Commercial Uses: (a) Retail 5,000 Sq. Ft. Over 20,000 Over 35,000 Sq. Ft. Sq. Ft. (b) Hotels-Motels 10,000 Sq.Ft. Over 100,000 Sq. Ft. (c) Commercial Recreation (including Bowling Over 100,000 Alleys) 10,000 Sq.Ft. Sq. Ft. (d) Wholesale 10,000 Sq.Ft. Over 40,000 Sq. Ft. (e) Restaurants 5,000 Sq.Ft. Over 25,000 Sq. Ft. (f) Laundry 10,000 Sq.Ft. Ove r 25,000 Sq. Ft. (g) Funeral Hom es 5,000 Sq.Ft. Ove r 100,000 Sq. Ft. 4. Industrial Uses: -13- 0 9 (a) Manufacturing & Ware- housing up to 5,000 Sq.Ft. Over 40,000 Sq. Ft. (b) Storage up to 10,000 Sq.Ft. Over 25,000 Sq. Ft. 5. Other Uses (a) Stadiums, auditoriums & arenas up to 20,000 Sq. Ft. (b) Transpor- 5,000 Sq.Ft. Over 40,000 tation Sq. Ft. terminals (c) Sewage treat- 10,000 Sq.Ft. ment plants- municipal Over 20,000 Sq. Ft. Section 2. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. Section 3 Violations and Penalties It is unlawful for any person to violate any provision hereof. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. -14- L~ INTRODUCED, PASSED ON FIRST READING, AP THIS 25th public hearing meeting of the 8th day the Municipal day of October on this Ordinance shall Town Council of the Town - November I 1 U PROVED AND ORDERED POSTED, , 1983 and a be held at the regular of Avon, Colorado, on the of , 1983 at 730 p.m. in Building of the Town of Avon, Colorado. Allan R. Nottingham, M or A Patricia J. Doyle, Town C erk INTRODUCED PASSED ON COND REA IN ,'APPROVED AND ORDERED POSTED this _ day of _ 1983. P Allan R. Nottingham Mayor T: tricia J. Dkile, Town Clerk -15- STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A TOWN COUNCIL OF THE TOWN OF ON THE 8TH DAY OF NOVEMBER, 400 BENCHMARK ROAD, AVON, C1 CONSIDERING THE ADOPTION OF OF 1983: PUBLIC HEARING BEFORE THE AVON, COLORADO, AT 7:30 P.M. 1983, AT THE MUNICIPAL BUILDING )LORADO FOR THE PURPOSE OF ORDINANCE NO.#83-36, SERIES AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.24 OF TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO OFF-STREET PARKING AND LOADING; AND PROVIDING PENALTIES FOR THE VILOLATION HEREOF A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing the Council may consider final passage of this ordinance. This notice given and passed by otder of the Town Council of the Town of Avon, Colorado. Dated this 26th day of October, 1983. ,VON, ! _ - - -Patricia JJ Doyle, Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 27, 1983: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING