(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 measured area shall be the total inhabitable horizontal floor area of all floors in a building exclusive of garage, storage and utility areas, 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 the number of parking spaces for off-street parking and loading areas and the finished surface material of the parking areas.

(E)

Required parking spaces shall be constructed as required by these Regulations and made available for use before completion of a final inspection for a building permit or a special use. The inspection of the required parking spaces shall be conducted by the Town Engineer or the Town Building Official as directed by the Town Administrator.

(Ord. 2015-3, §1, 1-4-2016)

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

(Ord. 2015-3, §1, 1-4-2016)

(A)

Determining the Required Number of Parking Spaces for Multiple Uses. When one (1) 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.

(C)

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:

a.

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

b.

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

c.

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 twenty (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 in this Article.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The Board of Trustees may authorize the deferral of construction of not more than fifty percent (50%) 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 (1) year, and shall be in accordance with such terms and conditions as the Board may from time to time determine.

(Ord. 2015-3, §1, 1-4-2016)

(A)

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

(B)

The requirements for off-site parking specified in Section 16-10-20 of these Regulations may be reduced by the Board of Trustees for uses in the 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 three hundred (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 three hundred (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 16-10-20 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 three hundred (300) feet of the building or land use; and

4.

Permanent parking, available to the public, within three hundred (300) feet of the building or land use may be used to satisfy in part or entirely the parking requirements in the 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.

(Ord. 2015-3, §1, 1-4-2016)

For specific uses not listed in Article V, 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.

(Ord. 2015-3, §1, 1-4-2016)

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 twenty-five (25) students.

(Ord. 2015-3, §1, 1-4-2016)

(A)

A minimum loading area of three hundred (300) square feet shall be provided for all commercial or industrial uses that have a building area in excess of two thousand (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.

(Ord. 2015-3, §1, 1-4-2016)

(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.

(Ord. 2015-3, §1, 1-4-2016)

Except for approved shared parking allowed pursuant to Section 16-10-30, off-street parking spaces for residential uses 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 three hundred (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.

(Ord. 2015-3, §1, 1-4-2016)

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.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Prior to the issuance of a building permit for all uses, except single-family and duplex residences, a parking plan must be submitted which shows the following parking lot or area information:

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 Planner shall make the initial determination of whether or not the plans and specifications comply with the provisions of this Chapter. Appeals from the Town Planner's decision may be taken by any aggrieved party to the Board of Trustees within fourteen (14) days after such decision.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Parking and loading areas shall be designed in accordance with the following requirements and the requirements of the Town of Fairplay Public Works Manual:

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 (3) 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 twenty-four (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 thirty (30) feet. For every one (1) foot by which the lot frontage exceeds one hundred (100) feet, the minimum required length of curb separation shall be increased by one (1) foot for every five (5) feet of property length beyond one hundred (100) feet, up to a maximum requirement of two hundred (200) feet. In the case of a corner lot, service drives shall not be located closer than fifty (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 fifteen (15) feet to a side lot line, except that a common service drive to two (2) adjacent properties with a width not exceeding twenty-four (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 thirty (30) feet from their intersection. No vehicles or obstacles over forty-two (42) inches in height from the curb elevation may be placed within this area.

4.

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

(Ord. 2015-3, §1, 1-4-2016)

(A)

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.

(B)

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 three hundred (300) feet to three hundred fifty (350) feet in length without a break in circulation.

(C)

A maximum of twenty percent (20%) of a parking lot containing five (5) or more spaces may be used for compact cars.

(D)

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

(E)

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

(F)

Handicap 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).

(G)

Required handicapped parking spaces are as follows unless otherwise required by the Americans with Disabilities Act (ADA):

1.

The maximum grades in the areas designated for handicap parking shall be two percent (2.0%) or less.

2.

One (1) in every eight (8) handicapped accessible spaces, but not less than one (1), shall be served by an access aisle ninety-six inches (96") in width. The minimum aisle width on all other handicapped parking spaces shall be sixty inches (60").

3.

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 one to ten ratio (1:10). Curb ramps with returned curbs may be used where pedestrians would not normally walk across the ramp.

4.

All construction shall be required to meet the standards specified in the Town of Fairplay Public Works Manual.

(H)

Parking Lot Landscaping shall conform to the requirements of Article XI.

(Ord. 2015-3, §1, 1-4-2016)

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 one and one-half (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 (1) year, the bond or its equivalent shall be forfeited and the improvements constructed under the direction of the Town.

(Ord. 2015-3, §1, 1-4-2016)

An applicant may appeal an administrative decision regarding the application of parking regulations by the Town Administrator or Town Planner to the Board of Trustees by filing a written notice of appeal with the Town Clerk not more than ten (10) days from the date of the staff's written decision. Such written notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the Town Administrator's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Trustees to be conducted not more than thirty (30) days from the date the notice of appeal was received. Notice of the public hearing shall conform to the requirements of Article IV of this Chapter. Absent good and just cause, the failure of an appellant to attend the hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.

(Ord. 2015-3, §1, 1-4-2016)