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Vail City Zoning Code

CHAPTER 10

OFF-STREET PARKING AND LOADING

§ 12-10-1 PURPOSE.

   In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off-street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures.
(Ord. 8(1973) § 14.100; Ord. 19(1976) § 12; Ord. 26(1982) § 1)

§ 12-10-2 APPLICABILITY.

   Off-street parking and loading space shall be provided for any new building, for any addition or enlargement of an existing building or for any conversion of uses which requires additional parking under this chapter.
(Ord. 8(1973) § 14.200; Ord. 19(1976) § 12; Ord. 26(1982) § 2)

§ 12-10-3 EXISTING FACILITIES.

   Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this chapter, or reduced in area or number to less than the minimum standards prescribed in this chapter.
(Ord. 8(1973) § 14.201; Ord. 19(1976) § 12; Ord. 26(1982) § 3)

§ 12-10-4 ADDITIONS OR CHANGES.

   For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, the additional parking shall be required only for such addition, enlargement or change and not for the entire building or use.
(Ord. 8(1973) § 14.202; Ord. 19(1976) § 12)

§ 12-10-5 CONSTRUCTION AND MAINTENANCE.

   All off-street parking and loading facilities required by this chapter shall be constructed and maintained in accordance with the minimum standards for such facilities prescribed by this chapter, and shall be maintained free of accumulated snow or other materials preventing full use and occupancy of the facilities in accordance with the intent of this chapter, except for temporary periods of short duration in event of heavy or unusual snowfall.
(Ord. 8(1973) § 14.300)

§ 12-10-6 PARKING; OFF SITE AND JOINT FACILITIES.

   All parking and loading facilities required by this chapter shall be located on the same site as the use for which they are required, provided that the Town Council may permit off site or jointly used parking facilities if located within 300 feet of the use served. Authority to permit off site or joint parking facilities shall not extend to parking spaces required by this title to be located within the main building on a site, but may extend to parking spaces permitted to be unenclosed. Prior to permitting off site or joint parking facilities, the Council shall determine that the proposed location of the parking facilities and the prospective operation and maintenance of the facilities will fulfill the purposes of this chapter, will be as usable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The Council may require such legal instruments as it deems necessary to ensure unified operation and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of ownership, long term lease or easement.
(Ord. 8(1973) § 14.400; Ord. 29(2005) § 29)

§ 12-10-7 STANDARDS; AUTHORITY TO ADJUST.

   Parking standards shall be those provided in Title 14 of this code. The standards set out in Title 14 of this code shall govern the design and construction of all off-street parking and loading facilities, whether required by this chapter or provided in addition to the requirements of this chapter. Minor adjustments of the dimensions prescribed in this chapter may be authorized by the Administrator if consistent with generally recognized design standards for off-street parking and loading facilities.
(Ord. 8(1973) § 14.500; Ord. 22(1999) § 3; Ord. 29(2005) § 29)

§ 12-10-8 PARKING STANDARDS.

Editor’s note:
   This section was repealed by Ord. 22(1999) § 4.

§ 12-10-9 LOADING STANDARDS.

   Standards for off-street loading shall be as follows.
   (A)   Location. All off-street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off-street loading berths shall be provided in addition to required off-street parking and shall not be located within accessways.
   (B)   Size. Each required loading berth shall be not less than 12 feet wide, 35 feet long, and if enclosed and/or covered, 14 feet high. Adequate turning and maneuvering space shall be provided within the lot lines. At the Planning and Environmental Commission’s discretion, variations to
the minimum loading berth dimension standards outlined above may be approved or required, subject to the Planning and Environmental Commission finding that such variation is necessary to prevent negative impacts to the public right-of-way.
   (C)   Access. Accessways not less than ten feet or more than 20 feet in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities.
(Ord. 8(1973) § 14.502; Ord. 26(1982) § 5; Ord. 11(2003) § 1; Ord. 29(2005) § 29)

§ 12-10-10 PARKING REQUIREMENTS SCHEDULES.

   Off-street parking requirements shall be determined in accordance with the following schedules.
   (A)   Schedule A applies to properties within Vail’s “Commercial Core Areas” (as defined on the Town of Vail Core Area parking maps I and II, incorporated by reference and available for inspection in the office of the Town Clerk):
Use
Parking Requirements
Use
Parking Requirements
Accommodation unit
0.7 space per accommodation unit. Hotels with conference facilities or meeting rooms 0.7 space per accommodation unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms
Banks and financial institutions
3.7 spaces per 1,000 square feet of net floor area
Dwelling unit
1.4 spaces per dwelling unit
Dwelling unit with 1 attached accommodation unit
1.4 spaces per dwelling unit
Dwelling unit with more than 1 attached accommodation unit
1.4 spaces per dwelling unit plus 0.7 space for each additional attached accommodation unit
Eating and drinking establishments
1.0 space per 250 square feet of seating floor area; minimum of 2 spaces
Fractional fee club unit
0.7 space per fractional fee club unit. Hotels with conference facilities or meeting rooms 0.7 space per fractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms
Medical and dental offices
2.7 spaces per 1,000 square feet of net floor area
Other professional and business offices
2.7 spaces per 1,000 square feet of net floor area
Recreational facilities, public or private
Parking requirements to be determined by the Planning and Environmental Commission
Retail stores, personal services and repair shops
2.3 spaces per 1,000 square feet of net floor area
Theaters, meeting rooms, conference facilities
1.0 space per 165 square feet of seating floor area
Timeshare units
0.7 space per timeshare unit. Hotels with conference facilities or meeting rooms 0.7 space per timeshare unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms
Any use not listed
Parking requirements to be determined by the Planning and Environmental Commission
 
   (B)   Schedule B applies to all properties outside Vail’s “Commercial Core Areas” (as defined on the Town of Vail Core Area parking maps I and II, incorporated by reference and available for inspection in the office of the Town Clerk):
Use
Parking Requirements
Use
Parking Requirements
Accommodation unit
0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 space per unit
Banks and financial institutions
1 space per 200 square feet of net floor area
Eating and drinking establishments
1 space per 120 square feet of seating floor area
Fractional fee club unit
0.7 space per fractional fee club unit. Hotels with conference facilities or meeting rooms 0.7 space per fractional fee club unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms
Hospitals
1 space per patient bed, plus 1.0 space per 150 square feet of net floor area
Limited service lodge unit
0.7 space per limited service lodge unit
Medical and dental offices
1 space per 200 square feet of net floor area
Multiple-family dwellings
   If a dwelling unit’s gross residential floor area is 500 square feet or less
1.5 spaces
   If a dwelling unit’s gross residential floor area is more than 500 square feet, but less than 2,000 square feet
2 spaces
   If a dwelling unit’s gross residential floor area is 2,000 square feet or more
2.5 spaces
Other professional and business offices
1 space per 250 square feet of net floor area
Quick service food/convenience stores
1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet
Recreational facilities, public or private
Parking requirements to be determined by the Planning and Environmental Commission
Retail stores, personal services and repair shops
1 space per each 300 square feet of net floor area
Single-family and two-family dwellings
   If a dwelling unit’s gross residential floor area is less than 2,000 square feet
2 spaces
   If a dwelling unit’s gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet
3 spaces
   If a dwelling unit’s gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet
4 spaces
   If a dwelling unit’s gross residential floor area is 5,500 square feet or more
5 spaces
Theaters, meeting rooms, convention facilities
1 space per 120 square feet of seating floor area
Timeshare units
0.7 space per timeshare unit. Hotels with conference facilities or meeting rooms 0.7 space per timeshare unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms
Any use not listed
Parking requirements to be determined by the Planning and Environmental Commission
 
(Ord. 8(1973) § 14.601; Ord. 26(1982) § 6; Ord. 9(2000) § 2; Ord. 14(2004) § 10; Ord. 18(2005) § 2; Ord. 24(2005) § 3; Ord. 2(2006) § 2; Ord. 2(2007) § 3)

§ 12-10-11 PARKING SCHEDULE APPLICABILITY.

   Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number.
(Ord. 50(1978) § 10)

§ 12-10-12 CREDIT FOR MULTIPLE USE PARKING FACILITIES.

   Where a single parking facility serves more than one use, the total parking requirement for all uses may be reduced in accordance with the following schedule:
Total Requirement Determined per § 12-10-10
Permitted Reduction to Determine Multiple Use Parking Requirement
Total Requirement Determined per § 12-10-10
Permitted Reduction to Determine Multiple Use Parking Requirement
1 to 100 spaces
No reduction
101 to 200 spaces
2.5%
201 to 300 spaces
5.0%
301 to 400 spaces
7.5%
401 to 500 spaces
10.0%
501 to 600 spaces
12.5%
601 to 700 spaces
15.0%
701 to 800 spaces
17.5%
801 to 900 spaces
20.0%
901 to 1,000 spaces
22.5%
Over 1,000 spaces
25.0%
 
(Ord. 8(1973) § 14.603)

§ 12-10-13 LOADING REQUIREMENTS SCHEDULE.

   Off-street loading requirements shall be determined in accordance with the following schedule:
 
Use
Loading Requirement
Lodges with over 10,000 square feet total floor area, including accessory uses within the lodge
1 loading berth for uses up to 75,000 square feet total floor area, plus 1 additional berth for each 25,000 square feet total floor area in excess of 75,000 square feet
Multiple-family dwellings with over 20,000 square feet gross residential floor area
1 loading berth for uses up to 100,000 square feet gross residential floor area, plus 1 additional berth for each 50,000 square feet gross residential floor area in excess of 100,000 square feet
Professional and business offices, banks and financial institutions with over 10,000 square feet total floor area
1 loading berth
Retail stores, personal services, repair shops, eating and drinking establishments and all other commercial or service uses with over 2,000 square feet total floor area
1 loading berth for uses up to 10,000 square feet total floor area, plus 1 additional berth for each 5,000 square feet total floor area in excess of 10,000 square feet
Any use listed as a conditional use
Loading facilities requirement to be determined by the Planning and Environmental Commission as a condition of the conditional use permit, but not less than the comparable requirement prescribed above
Any use not listed, if such use required the recurring receipt or distribution of goods or equipment by truck
1 loading berth, plus additional berths prescribed by the Town Council upon determination of need
 
(Ord. 8(1973) § 14.701; Ord. 29(2005) § 29)

§ 12-10-14 LOADING SCHEDULE APPLICABILITY.

   Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number.
(Ord. 50(1978) § 10)

§ 12-10-15 CREDIT FOR MULTIPLE USE LOADING FACILITIES.

   Where a single off-street loading facility serves more than one use, the number of off-street loading berths may be reduced in accordance with the following schedule:
Total Requirement Determined per
§ 12-10-13
Reduced Requirement with Multiple Use
Total Requirement Determined per
§ 12-10-13
Reduced Requirement with Multiple Use
1 berth
1 berth
2 berths
1 berth
3 berths
2 berths
4 berths
2 berths
5 berths
3 berths
6 berths
3 berths
7 berths
4 berths
8 berths
4 berths
9 or more berths
5 berths
 
(Ord. 8(1973) § 14.703)

§ 12-10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED.

   (A)   Criteria. The Town Council by resolution may exempt certain areas from the off-street parking and loading requirements of this chapter if alternative means will meet the off-street parking and loading needs of all uses in the area. Prior to exempting any area from the off-street parking and loading requirements, the Council shall determine the following:
      (1)   That the exemption is in the interests of the area to be exempted and in the interests of the town at large;
      (2)   That the exemption will not confer any special privilege or benefit upon properties or improvements in the area to be exempted, which privilege or benefit is not conferred on similarly situated properties elsewhere in the town;
      (3)   That the exemption will not be detrimental to adjacent properties or improvements in the vicinity of the area to be exempted; and
      (4)   That suitable and adequate means will exist for provision of public, community, group or common parking facilities; for provision of adequate loading facilities and for a system for distribution and pick up of goods; and for financing, operating and maintaining such facilities; and that such parking, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted.
   (B)   Parking Fund. For projects located within the town’s “parking pay-in-lieu” zones (as identified on the town’s official “parking pay-in-lieu zone” maps, incorporated by reference) property owners or applicants shall be required to contribute to the Town Parking Fund, hereby established for the purpose of meeting the demand and requirements for vehicle parking to the extent outlined in applicable master plan documents and the zoning regulations. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required:
      (1)   The Parking Fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking;
      (2)   The parking fee to be paid by any owner or applicant shall be determined by the Town Council;
      (3)   If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid;
      (4)   The parking fee to be paid by any owner or applicant is hereby determined to be $18,597.80 per space for residential uses (including, but not limited to, accommodation units, timeshares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjusted annually by the percentage the consumer price index of the City of Denver has increased or decreased over each successive year;
      (5)   For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner;
      (6)   (a)   The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five-year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four more annual payments will be due to the town on the anniversary of the building permit. Interest of 10% per annum shall be paid by the applicant on the unpaid balance.
         (b)   If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promissory note forms are available at the offices of the Department of Community Development.
      (7)   When a fractional number of spaces results from the application of the requirements schedule (§ 12-10-10 of this chapter) the parking fee will be calculated using that fraction. This applies only to the calculation of the parking fee and not for on site requirements.
(Ord. 8(1973) § 14.800; Ord. 47(1979) § 1; Ord. 30(1982) § 1; Ord. 6(1991) § 1; Ord. 10(1994) § 1; Ord. 3(1999) § 11; Ord. 4(2001) § 2; Ord. 29(2005) § 29)

§ 12-10-17 LEASING OF PARKING SPACES.

   (A)   General. Except as expressly provided in this section, no person shall lease, rent, convey or restrict the use of any parking space to any person other than a tenant, occupant or user of the building for which the space is required.
   (B)   Eligibility. A parking space may be leased in accordance with the following:
      (1)   Zone Districts. Any person who owns or manages private parking spaces located in the following zone districts may lease parking spaces in accordance with this section: Commercial Core 1; Commercial Core 2; Commercial Core 3; High Density Multiple-Family; Vail Village Townhouse; Public Accommodation; Public Accommodation 2; General Use; Commercial Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2; Lionshead Mixed Use 1; Lionshead Mixed Use 2; Parking; any Special Development District in which one of the foregoing zone districts is the underlying zone district; and Special Development District with no underlying zone district, in compliance with any parking restrictions otherwise imposed by the Special Development District;
      (2)   Prohibited areas. The leasing of parking spaces is prohibited in any area where vehicle access to said parking spaces is over or through an established pedestrian mall;
      (3)   Common areas. The leasing of parking spaces on commonly owned property, including without limitation common areas within a common interest community, requires the written approval of the applicable homeowners’ or condominium association, a copy of which shall be provided to the town prior to leasing any parking spaces;
      (4)   Duration. Leasing is permitted for short term parking only, and long-term storage of vehicles is prohibited; and
      (5)   Rental agencies. Vehicle rental agencies may lease parking spaces only in the Commercial Core 3 Zone District, with a maximum of one lease and a maximum of 15 parking spaces per site.
   (C)   Required parking. Parking required by this title for any use may not be satisfied by the leasing of parking spaces under this section.
   (D)   Signage. Any person leasing parking spaces under this section shall post adequate signage on the premises to ensure that the leased parking spaces are used and occupied in accordance with the applicable lease agreement. At least one on site sign shall include the name and telephone number of the person to contact concerning parking disputes.
   (E)   Contact information. Any person who accepts electronic reservations for the leasing of parking spaces pursuant to this section shall include on the reservation page a contact name and telephone number in case of any problems with the leased parking spaces.
(Ord. 15(2018) § 1)

§ 12-10-18 VARIANCES.

   Variances from the provisions of this chapter shall follow the procedures set forth in Chapter 17 of this title.
(Ord. 50(1978) § 11; Ord. 9(2000) § 3)

§ 12-10-19 CORE AREAS IDENTIFIED.

   Tables 1 and 2 (core area parking maps I and II, respectively, attached to the ordinance codified herein, and available for inspection in the office of the Town Clerk) shall be used to identify properties within Vail’s commercial core areas for parking purposes.
(Ord. 9(2000) § 4; Ord. 15(2000) § 1)

§ 12-10-20 SPECIAL REVIEW PROVISIONS.

   (A)   Notwithstanding the provisions of § 12-10-18 of this chapter, the Planning and Environmental Commission may approve a reduction to the number of required spaces specified in § 12-10-10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following findings are made by the Planning and Environmental Commission:
      (1)   The parking demand will be less than the requirements identified in § 12-10-10 of this chapter;
      (2)   The probable long term use of the building or structure, based on its design, will not generate additional parking demand;
      (3)   The use or activity is part of a demonstrated permanent program (including, but not limited to, “rideshare” programs, shuttle service or staggered work shifts) intended to reduce parking demand that has been incorporated into the project’s final approved development plan; and
      (4)   Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle services) is significant and integral to the nature of the use or business activity.
   (B)   In reaching a decision, the Planning and Environmental Commission shall consider survey data submitted by a qualified transportation planning or engineering consultant. Projects under “special review” are subject to additional scrutiny by the Planning and Environmental Commission after development plan approval if it is deemed necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of required spaces shall not exceed 25% of the total number required under § 12-10-10 of this chapter.
(Ord. 9(2000) § 5; Ord. 29(2005) § 29)

§ 12-10-21 PARKING PAY IN LIEU ZONES ESTABLISHED.

   The “parking pay in lieu zone” maps (attached to the ordinance codified herein, and available for inspection in the office of the Town Clerk) shall be used to identify properties within the parking pay in lieu zones referenced in § 12-10-16 of this chapter. Properties will be required to comply with the amended program upon demolition/rebuild. Properties not included in the pay in lieu zones may apply to the Planning and Environmental Commission for review if the provision of on site parking on the property would circumvent relevant objectives of applicable comprehensive plan documents including, but not limited to, parking, pedestrianization, and vehicle penetration elements.
(Ord. 4(2001) § 3; Ord. 29(2005) § 29)