Fairfax Municipal Code Ch. 10.24 Preferential Parking Privileges for Newly Created Parking Spaces

(A) Parking spaces along the streets of the Town of Fairfax are at a premium due to the topography of the town and its many narrow, winding streets.

(B) By the adoption of this Chapter 10.24, it is the intent of the town to contribute to the alleviation of crowded parking conditions by encouraging the owners and occupants of developed residential properties to create new and additional parking spaces where none now exist.

(C) In furtherance of that purpose, the public interest requires that persons investing private funds in the creation of such parking spaces be given preferential parking privileges wherever such spaces require the use of the right-of-way of a town street or other town property.

(Prior Code, § 10.24.010) (Ord. 636, passed - -1994)

(A) (1) Any person who desires to create a new and additional parking space utilizing town property for the purpose of serving a developed property and who wishes to acquire preferential parking privileges with respect thereto, shall make application to the Planning Services Director.

(2) The application shall be accompanied by such information and documents as the Planning Services Director may require in order to determine the precise location of the proposed parking space and its impact upon public safety, vehicular and pedestrian conditions and the use and enjoyment of neighboring properties. The application shall demonstrate that the creation of the parking space will require the investment of private funds in an amount to be determined from time to time by the Town Council. The application shall also be accompanied by a filing fee in an amount determined by the Town Council.

(B) (1) Applications shall be submitted to the Planning Commission accompanied by the recommendation of the Planning Services Director.

(2) If the Planning Commission determines that the creation of the proposed parking space is in the public interest, it may grant a permit therefor, together with preferential parking privileges for the use of the space.

(3) In granting the permit, the Planning Commission may impose such conditions as it determines may be required by vehicular and pedestrian traffic conditions, the interests of public safety, the use and enjoyment of neighboring properties and the general public welfare.

(4) Any decision of the Planning Commission to grant or revoke a permit issued under this Chapter 10.24 shall be subject to appeal to the Town Council in the manner set forth in Chapter 2.40 of this code.

(C) No parking space created pursuant to a permit issued under this Chapter 10.24 shall be used for meeting the on-site parking requirements for a residential second unit under Chapter 17.048 of this code.

(Prior Code, § 10.24.020) (Ord. 636, passed - -1994)

The approved parking space shall be constructed in strict accordance with approved plans and such engineering and construction requirements as may be determined by the town.

(Prior Code, § 10.24.030) (Ord. 636, passed - -1994)

Parking of any vehicle within any portion of any parking space constructed pursuant to the provisions of this chapter shall be restricted to the occupants of the property for the benefit of which the parking space was constructed and to the guests of the occupants. Notice of the parking restrictions shall be given by the placement of appropriate signs or markings. Any person who parks or lets stand any vehicle within any portion of the parking space without the authorization of the occupants of the property shall be guilty of an infraction.

(Prior Code, § 10.24.040) (Ord. 636, passed - -1994)

(A) A permit issued pursuant to this Chapter 10.24 shall have an initial term of five years during which time the town may revoke the permit only if the parking space is not maintained in a safe and sanitary condition or becomes, or results in, a public safety hazard.

(B) Following the expiration of the initial five-year term, the town may revoke the permit if the parking space is not maintained in a safe and sanitary condition or becomes, or results in, a public safety hazard, or if the town determines that the public property occupied thereby is required for public use.

(Prior Code, § 10.24.050) (Ord. 636, passed - -1994)

No variance under Title 17 of this code, or permits under Chapter 12.32 of this code, shall be required for construction of any parking space approved pursuant to this chapter. Building permits and excavation permits shall be obtained as required by this code.

(Prior Code, § 10.24.060) (Ord. 636, passed - -1994)