(a)

At the time of the erection of a new structure or at the time of enlargement or change in use of an existing structure within the Town, off-street parking spaces shall be provided as specified in this chapter and in the sections designated for each use.

(b)

No parking shall be eliminated for an existing use if it reduces the required number of parking spaces below the minimum requirements of this chapter.

(c)

Where square feet are specified, the area measured shall be the floor area measured as defined by section 14.04.220, except for warehouses or other commercial storage areas in which case the floor area shall be determined by the measurements of the perimeter of the outside of the building wall on each level.

(d)

All uses other than single-family residential dwellings and two-family dwellings shall be required to submit a site and grading plan prepared by a qualified Colorado-licensed professional engineer. The site plan shall be submitted with the application for any building permit and shall indicate the location and dimensions of off-street parking spaces as well as all other requirements of site plans in accordance with sections 14.28.040 and 14.36.120.

(e)

Required parking spaces shall be constructed as required by these regulations and made available for use before the final inspection required by a building permit or a special review use is completed. The inspection of the required parking spaces shall be conducted by the Town Engineer or the Town Building Official, as directed by the Town Clerk.

(Code 1995, § 14.09.010)

Unless specifically exempted or variations are permitted in accordance with these regulations, all land uses in the Town shall include, at a minimum, the number of vehicle off-street parking spaces specified in the following table:

(Code 1995, § 14.09.020)

(a)

Determining the required number of parking spaces for multiple uses. When one building or land use is planned to include a combination of different uses, including accessory uses, the minimum parking requirement will be determined by applying the above requirements and standards to each use and structure, resulting in a total parking requirement for the property. The minimum number of parking spaces required shall be the sum of the requirements for each separate use.

(b)

Shared parking facilities. An off-street parking space in a business or industrial district may be used jointly for more than one use, provided its occupancy ordinarily would not be used during the same hours, and that a copy of a recorded agreement by owners involved in such joint use is presented to the Town Clerk and further subject to the following provisions. Off-street parking requirements of a given use may be met by off-site, off-street parking available on the property of another only if:

(1)

The off-site, off-street parking spaces are within 300 feet of the property, except that the distance is 1,000 feet for employee parking;

(2)

Based on information supplied by the applicant, the Town Clerk, or other sources, the aggregate parking demands at the highest use time is less than the total parking spaces required; and

(3)

A written lease, license or easement approved by the Town Attorney between the owner of the project and the owner of the off-site parking property is executed and recorded and contains the following terms: a term of at least 20 years; owner of the off-site property shall notify the Town Clerk if the lease is terminated prior to the term; the lease, license or easement is enforceable by the project owner. Should the lease, license or easement expire or otherwise terminate, the use for which the off-site parking was provided shall terminate and no owner shall maintain such use without a substitute parking lease, license or easement, approved by the Town Attorney. Continuation or expansion of the use shall be prohibited until the use is brought into compliance with the parking regulations of this chapter.

(Code 1995, § 14.09.030)

(a)

The Board of Trustees may authorize the deferral of construction of not more than 50 percent of the required off-street parking spaces and may set such conditions as necessary to guarantee provision of such deferred parking spaces at such time as the Board of Trustees determines such additional parking spaces are needed.

(b)

The land area required for provision of deferred parking spaces shall be maintained and reserved and shall be landscaped pursuant to a plan approved by the Board of Trustees, which shall demonstrate that the deferred spaces, when improved, will meet all requirements of this chapter.

(c)

The Board of Trustees may consider deferral of parking requirements where the need for off-street parking is lessened due to unusual characteristics of use, and reliable data is available to establish that there is not a present need for additional parking.

(d)

The Board of Trustees may defer, in extraordinary cases, the requirement that all off-street parking spaces be paved. Such a deferral shall be for a period of not more than one year, and shall be in accordance with such terms and conditions as the Board may from time to time determine.

(Code 1995, § 14.09.040)

(a)

The Board of Trustees may approve a parking reduction of up to 70 percent for government-sponsored elderly housing projects.

(b)

The requirements for off-site parking specified in section 14.36.020 may be reduced by the Board of Trustees for uses in the OTC Old Town Center Zone District in accordance with the following criteria:

(1)

There are no additional required on-site parking requirements associated with an existing structure or land use in conformance with zoning regulations provided adequate permanent parking is available to the public within 300 feet of the building or land use;

(2)

On-site parking requirements associated with the replacement of an existing structure may be partially or wholly reduced by the Board of Trustees provided the new structure does not contain more floor area than the structure being replaced and provided adequate permanent parking is available to the public within 300 feet of the building or land use;

(3)

Additions to existing structures and new construction will necessitate the requirement to provide parking in accordance with section 14.36.020 based on the floor area and uses in the building addition or new construction. The on-site parking requirements may be reduced by the Board of Trustees provided adequate permanent parking is available to the public within 300 feet of the building or land use; and

(4)

Permanent parking, available to the public, within 300 feet of the building or land use may be used to satisfy in part or entirely the parking requirements in the OTC Old Town Center Zone District if allowed by the Board of Trustees. The applicant shall be required to submit parking information and parking survey data which demonstrates, to the satisfaction of the Board of Trustees, that adequate off-site parking is available for public use.

(c)

The Board of Trustees may increase or decrease the required number of off-street parking spaces in consideration of the following factors:

(1)

Expected number of cars owned by occupants of dwellings;

(2)

Parking needs of any non-dwelling uses; and

(3)

Varying time period of use.

(Code 1995, § 14.09.050)

For specific uses not listed in section 14.36.020, the Board of Trustees shall determine the appropriate number of parking spaces required based upon the type of activity, intensity, number of employees and similarity to listed uses.

(Code 1995, § 14.09.060)

A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any school having a capacity greater than 25 students.

(Code 1995, § 14.09.070)

(a)

A minimum loading area of 300 square feet shall be provided for all commercial or industrial uses that have a building area in excess of 2,000 square feet, with the exception of office and similar uses.

(b)

Buildings or structures to be built or substantially altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and size to adequately handle the needs of the particular use.

(c)

No loading area for an existing use shall be eliminated unless the required loading area is re-established.

(d)

Off-street parking areas used to fulfill the requirements of this chapter shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs.

(Code 1995, § 14.09.080)

(a)

The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner.

(b)

No building permit or other permit shall be issued until plans are presented that show the location of parking spaces as well as property that is and will remain available for exclusive use as off-street parking and loading space.

(c)

The subsequent use of property for which a building permit and certificate of occupancy is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter.

(d)

Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.

(Code 1995, § 14.09.090)

Except for approved shared parking allowed pursuant to section 14.36.030(b) and further except for the parking requirement in the OTC Old Town Center Zone District specified in section 14.36.050(b), off-street parking spaces for dwellings shall be located on the same lot as the principal use or structure. Parking spaces in residential zone districts shall not be located in the front yard setback area except for parking for single-family and two-family dwellings. Required spaces shall be located not further than 300 feet from the buildings or use they are intended to serve, measured by means of pedestrian access from the building or use to the parking area.

(Code 1995, § 14.09.100)

Required parking spaces shall be available for the parking of operable passenger automobiles, trucks, or motorcycles of residents, customers, patrons and employees, and shall not be used for the storage of vehicles or materials or the parking of trucks used in conducting the business or use.

(Code 1995, § 14.09.110)

(a)

Prior to the issuance of a building permit for all uses except single-family residences, a site plan must be submitted as required by section 14.04.130. In addition to the building permit requirements, the following information shall be submitted for a parking lot or parking area:

(1)

Delineation of individual parking and loading spaces;

(2)

Circulation area necessary to serve spaces;

(3)

Access to streets and property to be served;

(4)

Curb cuts;

(5)

Dimensions, continuity, and substance of screening;

(6)

Grading, drainage, surfacing and subgrade details;

(7)

Delineation of obstacles to parking and circulation in finished parking area;

(8)

Specifications as to signs and bumper guards;

(9)

Location and specifications of shielded lighting for parking areas to be used at night;

(10)

Location and specifications (e.g., plants and materials) for landscaping of the parking area;

(11)

Irrigation plan for the landscaped areas; and

(12)

Other pertinent data.

(b)

The Town Clerk shall make the initial determination of whether or not the plans and specifications comply with the provisions of this chapter. Appeals from the Town Clerk's decision may be taken by any aggrieved party to the Planning Commission within 14 days after such decision.

(Code 1995, § 14.09.120)

Parking and loading areas shall be designed in accordance with the following requirements and the requirements of the Town manual of public works improvements:

(1)

Surfaces. All off-street parking spaces and maneuvering areas shall be surfaced with asphalt or concrete material.

(2)

Maneuvering space. All parking areas servicing a use requiring three or more parking spaces shall be designed and traffic controlled so that access to and from a public street shall require vehicular traffic to be traveling in a forward direction when entering or exiting from the parking area. The off-street parking shall be designed so that the parking lot is separated from the street by a physical barrier which will be adequate to prevent a driver from backing from the off-street parking space directly into the street or across a sidewalk.

(3)

Access requirements and service drives.

a.

Service drives to off-street parking shall be designed and constructed to facilitate the flow of traffic, and to provide maximum safety of traffic access and egress and maximum safety for pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will allow the property to accommodate the traffic that is anticipated.

b.

Service drives shall not be more than 24 feet in width and shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives.

c.

Service drives on the same lot frontage shall be separated by a minimum length of curb of 30 feet. For every one foot by which the lot frontage exceeds 100 feet, the minimum required length of curb separation shall be increased by one foot for every five feet of property length beyond 100 feet, up to a maximum requirement of 200 feet. In the case of a corner lot, service drives shall not be located closer than 50 feet to the intersecting curb and gutter flow lines.

d.

The access to a service drive from a street shall be located not closer than 15 feet to a side lot line, except that a common service drive to two adjacent properties with a width not exceeding 24 feet may be provided at the common lot line.

e.

Access onto any State highway will require an access permit from the Colorado Department of Transportation.

f.

Corner Vision Clearance Area. Service drives on corner lots shall have a minimum vision clearance area formed by the intersection of the driveway centerline and the street right-of-way line, and a straight line joining said lines through points 30 feet from their intersection. No vehicles or obstacles over 42 inches in height from the curb elevation may be placed within this area.

(4)

Parking space minimum dimensions.

a.

The minimum parking lot spacing requirements are listed in the table below.

Parking Stall Dimensions and Layout

b.

Where larger vehicles may be frequent users of the parking facilities, it is appropriate to increase the parking stall dimensions according to the dimensions and turning characteristics of the vehicle.

c.

Parking aisles shall be designed to accommodate the turning characteristics of the vehicles that will most commonly use the parking facilities. Dead-end parking aisles are prohibited without provision of an adequate turn around. Aisles should not exceed 300 feet to 350 feet in length without a break in circulation.

(5)

A maximum of 20 percent of a parking lot containing five or more spaces may be used for compact cars.

(6)

All area to be considered as off-street parking shall be unobstructed and free of other uses.

(7)

Unobstructed access to and from a street shall be provided for all off-street parking spaces.

(8)

Persons with disabilities parking requirements. A portion of the required off-street parking spaces shall be specifically designated, located and reserved for use by persons with physical disabilities in accordance with the requirements specified in the Americans with Disabilities Act (ADA). Information on these requirements can be obtained at 1-800-514-0301 or at www.access-board.gov.

a.

Required persons with disabilities parking spaces are as follows:

b.

The maximum grades in the areas designated for persons with disabilities parking shall be two percent or less.

c.

One in every eight persons with disabilities accessible spaces, but not less than one, shall be served by an access aisle 96 inches in width. The minimum aisle width on all other persons with disabilities parking spaces shall be 60 inches.

d.

If a curb ramp is located where pedestrians must walk across the ramp, or where it is not protected by handrails or guardrails, it shall have flared sides: the maximum slope of the flare shall be a 1:10 ratio. Curb ramps with returned curbs may be used where pedestrians would not normally walk across the ramp.

(9)

Construction standards. All construction shall be required to meet the standards specified in the Town manual of public works improvements.

(10)

Parking lot landscaping.

a.

Parking lots shall be landscaped as required by this subsection (10). In cases of hardship or to increase safety, the Board of Trustees may permit a portion of the required landscaping to be relocated or allow other deviation from the parking landscaping requirements.

b.

Interior landscaping requirement. Landscaping is required in the interior of parking lots to direct traffic, to reduce heat and glare and to screen cars from adjacent properties. The interior of all parking lots shall be landscaped as follows:

1.

One landscaped island, parallel to the parking spaces, is required for each 20 parking spaces.

2.

Landscape islands must be at least 140 square feet. The narrowest/smallest dimension of a parking lot island is eight feet, measured from back of curb to back of curb.

3.

One landscaped divider island, parallel to the parking lot drive aisles, designed to prevent diagonal movement across the parking lot, shall be located for every three parking lot drive aisles.

4.

A landscape island is required at the end of every row of parking spaces containing six or more parking spaces.

5.

Barrier curbing on all sides adjacent to the parking lot surface is required to protect landscape islands from vehicles.

6.

A corner area (where it is not feasible to park a vehicle) may be considered an end island for the rows on the perimeter of the parking lot.

7.

Landscaping of the interior of a parking lot may include trees, shrubs and other natural materials, the design and placement of which conforms to the intent of this subsection (10).

c.

The landscaping and fencing shall be maintained in good conditions at all times. Landscaping shall be irrigated by means of an automatic irrigation system.

d.

Parking lot perimeter. Landscaping is required around the entire perimeter of a parking lot to assist in the shading of cars, to assist in the abatement of heat and to reduce the amount of glare from glass and metal, and to assist in the screening of cars from adjacent properties.

1.

All landscape strips for parking lot perimeters must average four feet in width. The minimum dimension allowed is two feet.

2.

The landscaped area between a parking lot and right-of-way must average four feet in width. The minimum width shall be two feet at any point.

3.

The Board of Trustees may approve a wall between a parking lot and right-of-way if the lot or parcel is unusually small.

4.

A screen wall must not be taller than 30 inches.

5.

The back of the wall must be at least 30 inches from the face of curb for bumper overhang.

6.

Shrubs must be planted on the street side of the wall.

7.

There must be at least five feet between the right-of-way and the paved part of a parking lot to use a wall as a screen.

8.

Wall elevations and typical cross sections must be submitted with the landscape plan at a minimum scale of one inch equals 20 feet.

9.

All unimproved rights-of-way adjacent to the property shall be landscaped and irrigated by the owner and/or homeowners association.

10.

Landscaping within front yard setback shall include trees and shrubs.

11.

Screening from residential lots. All off-street parking areas with six or more spaces shall be adequately screened from any adjoining residential lot by landscaping and opaque six-foot fencing. The landscaping and fencing shall be maintained in good condition at all times.

(Code 1995, § 14.09.130)

Required parking spaces shall be improved as required and made available for use before the final inspection is completed by the Building Inspector or the Town Engineer. An extension of time may be granted by the Building Inspector or the Town Engineer, provided a performance bond, or its equivalent, is posted equaling 1½ times the cost to complete the improvements as estimated by the Building Inspector or the Town Engineer, and provided the parking space is not required for immediate use. In the event the improvements are not completed within one year's time, the bond or its equivalent shall be forfeited and the improvements constructed under the direction of the Town.

(Code 1995, § 14.09.140)

The Board of Trustees may prescribe reasonable rules and regulations for the interpretation of this chapter, including the preparation of maps and standards showing the size and arrangement of typical off-street parking locations.

(Code 1995, § 14.09.150)

Any appeal of an administrative decision regarding the application of parking regulations shall be to the Town Planning Commission in accordance with chapter 14.24, article III.

(Code 1995, § 14.09.160)