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repealed and reenacted as follows: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