1.1.

Specific Requirements by Use. Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, or use is commenced in any manner, accessory off-street parking spaces shall be provided in accordance with this article:

1.

Single family or duplex dwellings: Two spaces per dwelling unit, new construction only.

2.

Townhouses: 2.5 spaces per dwelling.

3.

Multi-family dwellings, three or more dwelling units: Apartments for the elderly, 1.5 space per dwelling; all other units 2.5 spaces per dwelling unit.

4.

Church, temple, synagogue, or similar place of assembly: One space per four seats or bench seating (seats in main auditorium only). Parking spaces for accessory uses associated with this primary use shall be calculated based on the requirements of this section and shall be in addition to the primary parking requirement.

5.

College or high school: One space per four seats or bench seating spaces (seats in main auditorium, gymnasium or field house only, whichever is larger) or one for each five students, whichever is greater.

6.

Elementary school, junior high or nursery school: One space per ten seats in main assembly room or 3.5 per classroom, whichever is greater.

7.

Private club: One space per five members or one for each 400 square feet of floor area, whichever is greater.

8.

Public library, museum, art gallery, or community center: Ten spaces per use plus one additional space for each 300 square feet of floor area in excess of 1,000 square feet.

9.

Sanitarium, convalescent home, home for the aged, or similar institution: One space per three patient beds.

10.

Motel, motor hotel, motor lodge, hotel or tourist court: Five spaces plus 1.1 per sleeping room or suite.

11.

Rooming, boarding, or lodging house, bed and breakfast establishment: 1.5 spaces per sleeping room.

12.

Hospital: Two spaces per patient bed.

13.

Hospital, veterinary: One space per 400 square feet of floor area; four spaces minimum.

14.

Office or office building (other than medical), post office, studio: One space per 300 square feet of floor area.

15.

Medical offices or clinic: One space per 200 square feet of floor area.

16.

Funeral Home: One space per 50 square feet of floor area excluding storage and work area; thirty spaces minimum.

17.

Restaurant or other establishment for consumption of food or beverages inside a building on the premises: One space per 100 square feet of floor area; three spaces minimum.

18.

Retail store or personal service establishment and banks: One space per 300 square feet of floor area; retail food stores over 4,000 square feet: One space per 250 square feet of floor area.

19.

Shopping Center: Five spaces per 1,000 square feet gross leasable area.

20.

Automobile Service Station: Three spaces for each service bay; if there are no service bays, one space per employee. The required parking area associated with this use cannot be utilized for outdoor storage of automobiles for sale, lease or long-term repair.

21.

Furniture or appliance store, machinery, equipment, and automobile and boat sales and service: One space per 400 square feet of floor area; two spaces minimum; automobile sales and service, ten minimum. The required parking area associated with this use cannot be utilized for outdoor storage of merchandise or any other retail good for sale or lease.

22.

Auditorium, theater, gymnasium, stadium, arena, or convention hall: One space per four seats or seating spaces.

23.

Food storage locker: One space per 200 square feet customer service area.

24.

Outdoor sales area, open air market or flea market: Four spaces for each rented stall, table, or sales space.

25.

Self service storage, mini-warehouses: One space per employee plus one for every five storage areas.

26.

Amusement place, dance hall, skating rink, swimming pool, or exhibition hall, without fixed seats: One space per 100 square feet of floor area. Does not apply to accessory uses.

27.

General service or repair establishment: One space per 300 square feet of floor area or one space per employee, whichever is greater.

28.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, wholesale, warehouse, or similar establishment: One space per 1000 square feet of gross floor area or 1.1 space per employee, whichever is greater. For office uses incidental to such a use, one space per 300 square feet of floor area used as office space.

29.

Firehouse, public or volunteer. One space per five members, or one for every 400 square feet of floor space, whichever is greater.

1.2.

Interpretation of Specific Requirements.

1.

The parking requirements above are in addition to waiting spaces or stacking spaces necessary for the operation of drive-in or drive-through facilities. "Drive-thru" uses shall be required to provide stacking space equivalent to a minimum of one hundred fifty (150) feet. Drive through aisles shall not interfere or disrupt the flow of traffic on the overall site.

2.

The parking requirements above are in addition to space for storage of automobiles, trucks, mobile homes, campers, recreation vehicles, or other similar vehicles being serviced, used, or offered for sale in connection with a particular use.

3.

The parking requirements in this Article do not limit special requirements that may be imposed by approval of a special use permit or special exception.

4.

Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

5.

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

6.

The parking space requirements for a use not specifically listed shall be the same as for a listed use of similar characteristics, as determined by the administrator.

7.

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

8.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need under the requirements of this Article for an increase in parking spaces, such additional spaces shall be provided in accordance with this article.

1.3.

Spaces for the Handicapped. Handicapped parking spaces for nonresidential developments shall be provided at a rate of 1 handicapped space per every 25 regular spaces required. For parking lots with five or less spaces, a five-foot wheelchair access aisle shall be provided adjacent to a regular space; however, it need not be designated by signage. Handicap spaces in parking lots with six or more spaces must meet the signage requirements as set forth in the Virginia Statewide Building Code.

1.4.

Joint Use and Off-Site Facilities.

1.

Except as otherwise provided in this Ordinance, all parking spaces required herein shall be located on the same lot with the building or use served. Where an increase in the number of spaces is required or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from any nonresidential building served. For the purpose of this requirement, land used for employee parking but located immediately across a street or alley from the building or use served shall be considered as located on the same lot.

2.

A single parking area may contain required spaces for several different uses, but except as otherwise provided in this section, the required spaces assigned to one use may not be credited to any other use.

3.

The same space may be credited to two or more uses to the extent that the uses operate at different times. For example, if a church parking lot is generally occupied at only 50 percent of capacity on days other than Sunday, another use could make use of 50 percent of the church parking spaces on those other days. The council shall approve, based on the information submitted by the applicant, any proposal for shared parking.

4.

The owner of a site utilizing an off-street parking area to satisfy on-site parking requirements shall deliver evidence satisfactory to the Town Attorney of the owner's right to use the off-site parking area by license, deed, easement, or by lease. Such evidence shall be recorded at the owner's expense in the land records of Loudoun County, Virginia. Where a parking right is created under this section it shall not be subject to disinvestment, change or modification except with the prior approval of the Town Council.

1.5.

Design Standards.

1.

Minimum Space Area. For the purpose of these regulations, an off-street parking space is an area not in a street or alley and having an area of not less than 162 square feet (9 feet in width and 18 feet in length minimum), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. Handicap spaces shall be 12 feet in width and 18 feet in length minimum.

Required space length may be reduced by two feet for perimeter spaces or spaces which abut sidewalks if landscaped buffer strips or sidewalks are increased in width by two feet to accommodate vehicle overhang.

2.

Maneuvering Space. The minimum aisle space for 90 degree parking shall be 22 feet in width. The minimum aisle space for 60 degree parking shall be 22 feet in width. The minimum aisle space for 45 degree parking shall be 20 feet in width. The minimum aisle space for 30 degree parking shall be 17 feet in width. The aisle width of any parking area that the degree of angular parking varies from the specifications above, the aisle width shall be calculated by using a ratio of the above set forth specification, however, in no case shall the aisle width be less than 16 feet. The Fire Marshal may impose reasonable additional requirements for fire lanes, loading zones and travel ways in a particular case.

3.

Surfacing. All off-street parking and loading areas, except those serving single family detached dwellings, including circulation aisles and entrances, shall be designed to provide protection against potholes, erosion, dust, and stormwater runoff. Storm water management will be required for an increase in runoff. A credit for stormwater management will be given for utilizing best management practices such as rain gardens and/or alternative pervious surface materials. Surface materials may include gravel, compacted stone, concrete, asphalt, brick, paving, and grasscrete. Alternative surface materials may be approved by the Zoning Administrator and Town Engineer, based on the total number of parking spaces and vehicle trips per day.

4.

Curbs and Delineation. Fixed and permanent wheel bumpers or curbs of concrete or some comparable material at least four inches high shall be installed for each parking area at least four feet within the prescribed limits of the parking area. Where the parking is so designed that the vehicle overhang does not protrude outside the prescribed limits of the area, such curbs may be placed at the outside limits of the area. Parking spaces shall be delineated and periodically restored to maintain a clear identification of separate parking stalls.

5.

Entrances and Exits. Location and design of entrances and exits shall be in accord with the requirements of applicable regulations and standards, including those of the Virginia Department of Transportation. In general, there shall not be more than one entrance and one exit, or one combined entrance and exit, along any one street and exits and entrances shall not be located within 50 feet of a street intersection or be greater than 50 feet in width. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

6.

Drainage and Maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be designed to provide protection against potholes, erosion, dust, and stormwater runoff in accordance with an approved plan or in accordance with applicable Town specifications. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee.

7.

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. Lighting facilities shall be arranged and installed, and the light source shielded, to minimize glare on adjacent property or streets and no lighting fixture shall exceed a height of 10 feet in a Residential District or 20 feet in a Commercial District.

8.

Design in General. All parking lots shall be arranged for functional efficiency and convenience and in general shall be designed to present a pleasing appearance so as to reduce adverse impact on surrounding public or private property.

9.

Landscaping. Parking lot landscaping and screening shall be provided in accordance with the requirements of Article 7.

1.6

Parking Waiver.

1.

Any applicant required to provide off-street parking and loading spaces due to a change of use, expansion of an existing use or new construction in a commercial district may request a waiver of all or a portion of such parking.

2.

A waiver from the requirements to provide off-street parking and loading spaces shall be administratively authorized when one of the following conditions is met:

a.

The application proposes nonresidential uses on a property located within 300 hundred feet of a parking lot owned and maintained by the Town of Hamilton.

b.

The application proposes a permitted use, but not a use permitted by special use permit, located in an existing structure within the C-2 zoning district when no expansion or modification to the existing structure is being proposed.

3.

Town Council may authorize a waiver from the requirements to provide off-street parking and loading spaces in all other cases.

4.

When a parking waiver is authorized, the applicant shall make a payment to the Town in accordance with a one-time fee per parking space established in the Planning, Land Development and Zoning Fee Schedule adopted by the Town Council, as amended from time to time. Such payment shall be made to the Town in one lump sum prior to the issuance of a zoning permit. Funds from such payment shall be deposited by the Town in a special parking/pedestrian improvement fund and shall be used exclusively to acquire, develop and maintain off-street parking and pedestrian facilities for the benefit of commercial districts.

5.

Payment of the parking waiver fee shall not guarantee the availability of parking for the development nor shall such payment constitute a permanent waiver from the requirements to provide off-street parking and loading spaces that runs with the land. Any subsequent change in use, expansion of an existing use and/or construction shall require satisfaction of the requirements to provide off-street parking and loading spaces in effect at the time.

6.

No refund of a parking waiver fee shall be made in the event of a subsequent change to a use requiring less parking.

7.

Nothing in this section shall require an applicant to pay the parking waiver fee if the requirements to provide off-street parking and loading spaces are otherwise met.

1.7.

Reserved.

(Ord. No. ZTA-2017-01, 6-12-2017)

2.1.

Specific Requirements By Use. Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected, or structurally altered to the extent of increasing the current floor area by 50 percent or more, a accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this Article.

2.2.

Interpretation of Specific Requirements.

1.

The loading space requirements apply to all districts but do not limit the special requirements that may be imposed in the district regulations.

2.

The loading space requirements in this Article do not limit special requirements that may be imposed in connection with uses permitted by approval of a conditional use or special exception.

2.3.

Mixed Uses in One Building. Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading spaces.

2.4.

Design Standards.

1.

Minimum Size. For the purpose of these regulations a loading space is a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having minimum area of 540 square feet, minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 15 feet.

2.

Entrances and Exits. Location and design of entrances and exits shall be in accord with applicable requirements of the district regulations and traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.