Leesburg City Zoning Code

All uses shall be subject to the minimum off-street parking requirements established in this section unless modified parking standards are included as a proffer or as a condition of the approval of a special exception or conditionally permitted use, or otherwise modified by provisions of this Zoning Ordinance. Pursuant to the process outlined in Section 3.18 of this ordinance, these parking requirements may be modified by the Town Council.

Effective on: 1/1/1901

All proposed off-street parking and loading facilities shall comply with the requirements of this section.

Parking and loading facilities shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee. Parking and loading areas shall be resealed or repaved and pavement markings periodically repainted and on-site traffic control signs replaced, as necessary, to maintain a clear identification of individual parking and loading spaces and to facilitate the safe movement of pedestrian and vehicular traffic.

Effective on: 1/1/1901

All uses which include a drive-up window or which are characterized by patrons remaining in their vehicles to receive service shall provide stacking spaces in order to alleviate traffic congestion. Stacking spaces shall be a minimum of ten (10) feet in width inclusive of gutter pans and eighteen (18) feet in length. All stacking areas must be separate from other circulation aisles and parking spaces. The use of a minimum five (5) foot landscaped island with curbing is recommended to channelize traffic. When counting the minimum number of spaces required in any stacking lane, the space at the point of service shall be counted as one of the minimum total required stacking spaces.

Notwithstanding the loading requirement set forth below, in no instance shall more than five (5) off-street loading spaces be required for any given use or building.

Effective on: 1/1/1901

All development shall comply with the Sight Distance standards of the Design and Construction Standards Manual Sec. 7-371.

Effective on: 1/1/1901

The purpose of these regulations is to ensure the provision of adequate pedestrian circulation facilities and off-street parking and loading areas. It is further the intent of these regulations to avoid undue congestion on public streets; to protect the level of service and capacity of existing streets; to avoid unnecessary conflicts between pedestrians and vehicles; to preserve and enhance the H-1 Overlay District; and to promote the general health, safety and public welfare.

Effective on: 1/1/1901

These off-street parking and loading regulations of this article shall apply to all parking and loading areas, including driveways for single-family and duplex dwellings, established within the Town of Leesburg following February 25, 2003.

Effective on: 1/1/1901

An application for site plan or subdivision plat approval, as appropriate, shall be required prior to the construction of any new or expanded off-street parking and loading facilities for all uses other than single-family detached and duplex dwellings, pursuant to the procedures established in Section 13-64 of the Leesburg Subdivision and Land Development Regulations. Any plans for re-striping or modifying the number of parking or loading spaces shall be approved by the Zoning Administrator upon the submittal of a parking lot plan which complies with all applicable ordinance requirements.

Effective on: 1/1/1901

No owner or operator of any structure or use shall discontinue, dispense with or cause a reduction in pedestrian access or in the number of required off-street parking or load spaces without establishing alternative vehicular parking and/or loading facilities which meet the requirements of this article. Any structure or use which is altered or expanded in a manner which would warrant the provision of additional off-street parking or loading facilities shall provide such facilities in compliance with this article prior to occupancy of the altered or expanded portion of the use. If, as a result of amendments to this Zoning Ordinance regarding the number and/or size of parking or loading spaces, an existing use is determined to have an excess number of spaces, such space may be removed upon approval of a revised site plan.

Effective on: 1/1/1901

The pedestrian access standards of this section pertain to a development’s internal pedestrian circulation system. The section encourages a safe, attractive, and usable pedestrian circulation system internal to all developments. The purpose of the section is to ensure a direct pedestrian connection between the street and buildings on the site and between buildings and other activities within the site. In addition, it provides for connections between adjacent sites, where feasible.

Effective on: 1/1/1901

1. A.
   Connection to street. The internal pedestrian circulation system must connect all adjacent streets and sidewalks to the main entrance.
2. B.
   Internal connections. The internal pedestrian circulation system must connect all buildings on the site, and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common open space areas, and all pedestrian amenities.

Effective on: 1/1/1901

1. A.
   The internal pedestrian circulation system must be hard-surfaced and shall have an unobstructed width of at least four (4) feet wide.
2. B.
   Where the system crosses driveways, parking areas, and loading areas, the system must be clearly identifiable through the use of elevation changes, a different paving material, texture change, or other similar method. Striping does not meet this requirement.
3. C.
   Where the system is parallel and adjacent to a vehicle travel lane, the system must be a raised path or be separated from the vehicle travel lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.

Effective on: 1/1/1901

The on-site pedestrian circulation system must be lighted to a level where the system can be used at night by employees, residents and customers.

Effective on: 1/1/1901

Off-street parking and loading spaces shall be provided on the same lot or within the same development as the use to which said use is appurtenant, except as provided below.

1. A.
   General. The Planning Commission may authorize the utilization of off-site parking areas for uses within nonresidential zoning districts, and anywhere within the H-1 Overlay District, and may authorize valet parking for nonresidential uses in the R-HD and B-1 Districts if the Planning Commission determines that there are practical difficulties in satisfying the parking requirements on-site and/or that the public safety or convenience would be better served by an off-site location. If the Planning Commission authorizes the use of off-site parking, the following conditions shall apply:

   1. 1.
      Evidence of Right to Use Parking. The owner of a site utilizing an off-site parking area to satisfy on-site parking requirements shall deliver evidence satisfactory to the Town of the owner’s right to use the off-site parking area by license, deed, easement, or by long-term lease which has a term equal to or exceeding the projected life of the facility to which the parking is appurtenant and available for use. Such evidence shall be recorded at the owner’s expense in the land records of Loudoun County, Virginia. In addition, the owners of the site and the off-site parking area shall be bound by recorded covenants requiring the owners and all subsequent owners, heirs, or assigns, to maintain the required number of off-street parking spaces during the existence of the use to which the parking is appurtenant. Where a parking right is created under this section it shall not be subject to divestment except with the prior approval of the Town.
   2. 2.
      Walking Distance to Parking. Pedestrian access shall be available within a walking distance of 1,000 feet for both nonresidential and residential uses, measured from the nearest point of the building lot to an entrance to the parking area, except that where valet parking is authorized, such off-site parking may be located anywhere within the R-HD and B-1 Districts.
   3. 3.
      No Hazards. Such separated parking areas shall be usable without causing unreasonable traffic congestion, detriment to any residential neighborhood, or hazard to pedestrians.
2. B.
   Valet Parking. In addition to other conditions that apply to off-site parking, valet parking requires (a) that vehicles are parked by a person other than the owner or operator; (b) that the vehicles so served are parked or stored in an off-street parking facility; (c) prior to cessation of valet parking, the operator must provide alternate parking in accordance with this Zoning Ordinance; and (d) no valet parking operation which involves the pick-up, delivery, stacking, storing or parking of motor vehicles by a valet or parking attendant on, to or from any public right-of-way shall be permitted.

Effective on: 1/1/1901

Required off-street parking spaces may be provided cooperatively for two or more nonresidential uses, subject to the approval by the Land Development Official (LDO) of appropriate legal instruments to ensure the permanent availability of off-street parking for all such uses. The amount of parking provided for all such nonresidential uses shall equal the sum of the amounts of parking required for each of the respective uses; provided, however, the LDO may authorize a reduction in the total number of required parking spaces when the LDO makes a determination that two or more uses can be adequately served by the same parking spaces by reason of the characteristics of the land uses and the hours of operation. The LDO is also authorized to require restrictions on the use and hours of operation of any uses that share parking spaces.

Effective on: 1/1/1901

Rather than providing the required off-street parking on-site due to a change of use, expansion of an existing use or new construction, developers of land within the H-1 Overlay District may provide a portion or all of such parking by means of a payment to the town's parking fund. Such payment shall be based on a one-time fee per parking space, as established from time to time by resolution of the Town Council. Any off-street parking satisfied in this matter shall run with the land, and any subsequent change in use that requires more off-street parking shall require subsequent action to satisfy additional parking requirements. No refund of such payment shall be made when there is a change of use to require less parking. Such payment shall be made to the town in one lump sum prior to the issuance of a zoning permit; however, this payment shall not guarantee the availability of parking for the fee-paying development. Funds derived from such payment shall be deposited by the town in a special parking fund and shall be used for acquiring and developing off-street parking facilities within the H-1 Overlay District. NOTE: This option is not available for residential uses or structures except as provided below.

1. A.
   Residential Lots 4,000 S.F. or Less. On lots of record existing as of (February 14, 2012) measuring 4,000 square feet or less, situated between Liberty Street and Church Street and between South Street and North Street a portion or all required parking for residential uses may be provided by payment in lieu in accordance with this section.
2. B.
   Residential Lots in the B-1 District. Where multifamily residential uses are proposed within 500 feet of a municipal parking facility, up to ten (10) spaces in any building or project may be provided by payment in-lieu in accordance with this section.

Effective on: 1/1/1901

1. A.
   Building Conversion to Nonresidential Use within 500 feet of Municipal Parking Facility. Where an existing building or structure is used or rehabilitated for any nonresidential use in the B-1 District, no parking spaces shall be required for any such building or structure within 500 feet of a municipal parking facility, measured from the nearest point of the building lot to an entrance to the municipal parking facility. For purposes of this article a municipal parking facility is defined as any parking facility owned and maintained by the Town of Leesburg or Loudoun County, excluding the Loudoun County Government Center parking garage.
2. B.
   Building more than 500 feet from Municipal Parking Facility. For buildings or structures used or rehabilitated for any nonresidential use in the B-1 Districts that are more than 500 feet from a municipal parking lot, one-half (50%) of the parking spaces required by Sec. 11.3 must be provided. The Land Development Official may authorize in writing a further reduction of required on-site parking of up to one hundred percent (100%) of the spaces required by Sec. 11.3 when deemed appropriate and necessary to facilitate the rehabilitation, reuse or expansion of an existing structure in the downtown H-1 Overlay District. The Land Development Official shall examine the nature of the proposed business or building addition and information regarding peak parking hours for the use when considering a reduction request.
3. C.
   Building Addition. Where an addition is made to an existing building or structure in the B-1 District for any nonresidential use, off-street parking spaces required by Sec. 11.3 must be provided in full for the addition area unless modified by the Land Development Official as provided above. If the building expansion removes area used for existing parking on the site, the parking spaces eliminated thereby must be provided for in full, either through relocation, or as provided under Sec. 11.4.2 or Sec. 11.4.3.
4. D.
   Demolition and Redevelopment. Where redevelopment of property in the B-1 District involves demolition of existing buildings to create new building sites, then off-site parking spaces required by Sec. 11.3 must be provided in full.
5. E.
   Development of Vacant Land. Where previously vacant land is developed as nonresidential uses in the B-1 District, off-street parking spaces required by Sec. 11.3 must be provided in full.
6. F.
   Removal of Existing Parking Spaces. Whenever nonresidential development removes existing parking spaces in the B-1 District, the off-street parking spaces so removed must be provided in full elsewhere in accordance with this ordinance or a payment in-lieu must be made for each parking space in accordance with Sec. 11.4.3.

Effective on: 1/1/1901

Required off-street parking spaces may be provided cooperatively for two or more uses within a mixed-use development in accordance with the Time-of-Day Factors provided below. Use of shared parking reductions are subject to the determination by the Land Development Official (LDO) that two or more uses can be adequately served by the same parking spaces by reason of the characteristics of the land uses and the hours of operation. The LDO shall make a determination regarding any such proposed reduction in the number of required parking spaces. LDO is also authorized to require restrictions on the use and hours of operation of any uses that share parking spaces. Any shared parking reductions shall also be subject to the approval by the LDO of appropriate legal instruments to ensure the permanent availability of off-street parking for all uses.

1. A.
   Shared Use Time of Day Factors: In order to determine the minimum required parking spaces in a mixed-use development, apply the Time-of-Day factors provided below to the minimum required parking spaces as provided by Section 11.3 to each land use type in the mixed-use development, for example,

In the example above the time-of-day factors reduce the total number of required spaces by 90 from the minimum required per Section 11.3. The same calculation shall be repeated for each of the time periods found in the weekday and weekend tables below to determine the overall adjusted total number of spaces required by the development.

Compare the calculations: the lesser is the minimum number of parking spaces that need to be provided. The LDO shall make the determination as to whether this minimum will be sufficient to adequately serve the mixed-use development.

Weekdays

Weekends 

Effective on: 1/1/1901

Off-street parking and loading facilities shall be used solely for the parking of vehicles in operating condition by the patrons, occupants or employees of the use to which such facilities are accessory. No motor vehicle repair work, except emergency service, shall be permitted in association with off-street parking and loading facilities. The storage of commercial vehicles or merchandise or the sale of vehicles shall be prohibited in a required off-street parking or loading area, except as specifically authorized in this Zoning Ordinance.

Effective on: 1/1/1901

Parking facilities accessory to residential uses shall be used for the parking of passenger vehicles, recreational vehicles, horse trailers or trucks which are owned by the occupants of the dwelling or their guests.

One (1) commercial vehicle may be stored on the premises whether privately owned or business provided, for the resident’s use for commuting and/or work purposes. Such vehicle cannot exceed a one (1) ton hauling capacity. This section shall not apply to commercial vehicles while in the performance of providing delivery or service on the premises.

Dump trucks and vehicles designed to haul garbage, trash, refuse or waste of any type and for the towing and recovery of vehicles are strictly prohibited to be parked on residential properties.

Effective on: 1/1/1901

All areas used for the display of vehicles for the purposes of sale or rental shall comply with the provisions of this Zoning Ordinance regarding setback and pavement requirements.

Effective on: 1/1/1901

1. A.
   Overall Internal Circulation Pattern. All off-street parking and loading facilities shall be designed and constructed in a manner so as to provide for adequate circulation within the site and safe and convenient access onto adjoining streets. Among factors to be considered during the review of parking and loading areas shall be the following: number and location of entrances and travel aisles, need for acceleration, deceleration and turning lanes, and other traffic control improvements, the general arrangement and delineation of parking and loading areas, the quality and quantity of landscaping provided; the means of access to buildings for fire fighting equipment and emergency vehicles, and the needs of the handicapped.
2. B.
   Entrances and Exits. Driveway entrances shall be designed to accommodate all vehicle types having occasion to enter the site, including delivery vehicles. There should be not more than one entrance and exit or one combined entrance and exit along any street frontage unless deemed necessary by the Land Development Official in order to alleviate traffic congestion and interference along such street. The width of all entrances and exits to off-street parking and loading areas shall comply with the requirements of the Design and Construction Standards Manual, except that the Land Development Official may authorize a narrower driveway entrance/exit width for parking and loading areas within the H-1 Overlay, Old and Historic District when:

   1. 1.
      The Director of Plan Review verifies in writing that a narrower driveway entrance/exit is acceptable based on adequate sight distance and vehicle turning movement requirements in the particular case; and/or
   2. 2.
      Sufficient turning space is provided so that vehicles need not back into a public street.
3. C.
   Relationship of Off-Street Parking and Loading Areas to Public Rights-of-Way. In no event shall parking or loading areas be provided in a manner that requires vehicles to back out into the public rights-of-way or that requires vehicles to enter or exit a site in a manner which would require them to make an unlawful maneuver within the public right-of-way. This requirement does not apply to areas consisting of driveways serving single-family detached or duplex dwellings, although direct access onto arterial roadways is discouraged.
4. D.
   Pavement Requirements for Residential and Commercial Travel Ways and Spaces.

   1. 1.
      No person shall park any motor vehicle, trailer, or semi-trailer on the front, side or rear yard of any lot, improved with a single-family dwelling, zoned for residential use, except on a driveway or lawfully paved surface.
   2. 2.
      Unless otherwise expressly exempt under the provisions of this Zoning Ordinance, all off street parking and loading areas including aisles and entrances, shall be paved with durable dust-free hard surface, except as may be specifically authorized within the 100-year floodplain. Residential driveways shall be paved at least twenty feet (20’) back from any public sidewalk or driveway apron. Beyond twenty feet alternate materials such as gravel, grasscrete or brick pavers that are designed to be driven upon may be used. Individual parking spaces shall be paved; provided however, that a two-foot section of the standard 18-foot commercial parking space may be unpaved if the area is landscaped, and a raised curb stop is installed so that the front two feet of the vehicle may overhang the landscaped area. Off-street parking areas associated with public parks, open space areas and driveways for designated historic landmarks and within the H-1 Overlay, Old and Historic District shall be eligible for a waiver from the pavement requirements of this section. The applicant must request the waiver in a letter attached to the application. To grant a waiver or modification the Zoning Administrator must determine that actual pavement is not necessary in the particular case. The Zoning Administrator shall set forth in writing the reasons for such determination.
5. E.
   Curb and Gutter. Curb and gutter shall be installed where deemed necessary by the Land Development Official, within off-street parking and loading areas in order to manage storm drainage, channelize traffic, protect buildings and landscaping areas, and separate pedestrian and vehicular circulation areas.
6. F.
   Sidewalks and Pedestrian Facilities. Sidewalks shall be provided along the entire street frontage of a site, as necessary to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles along a street. Sidewalks shall have a minimum unobstructed width of five (5) feet. In the case of a block containing a partial sidewalk, the width of the existing sidewalk may be continued for the remainder of the block length so long as ADA requirements are met. New sidewalks within a historic district or serving a historic district will be reviewed by the Board of Architectural Review and/or by staff, as required, in accordance with applicable historic district regulations to mitigate potential impact on the historic resource or historic streetscape.

   In those cases, outside of the H-1 Overlay, Old and Historic District where the applicant can properly demonstrate that a sidewalk four (4) feet in width that meets ADA minimum requirements can adequately and safely accommodate pedestrian traffic, the Zoning Administrator may modify the five (5) foot width requirement. Any modification request shall be made in writing to the Zoning Administrator with adequate information testifying to the nature of the existing block or sidewalk and evidence justifying the modification sought. The Zoning Administrator shall set forth in writing the grant of modification with reasons for such determination.

7. G.
   Delineation of Parking and Loading Spaces; Traffic Control Signs. All parking and loading spaces shall be marked by durable painted lines or curbs extending the length of the space. Signs or pavement marking shall be utilized, as necessary, to ensure safe traffic operation and to identify designated handicapped parking spaces and off-street loading spaces.
8. H.
   Lighting. Any lighting used to illuminate off-street parking and loading areas shall be arranged, installed and maintained in order to deflect, shade and focus lights away from adjacent public or private properties. Modifications to installed lighting may be required by the Zoning Administrator upon determination that the lighting constitutes a hazard or a nuisance.
9. I.
   Setbacks, Screening and Landscaping. All parking and loading areas shall comply with the setback, screening and landscaping requirements of Article 12.
10. J.
    Emergency and Public Vehicle Access. Parking and loading areas shall be designed so that emergency, public service and refuse collection vehicles can serve the development without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
11. K.
    Front Yard Parking Areas No front yard paved surface used for parking shall exceed thirty-five percent (35%) of the size of the front yard of the lot. This provision shall not apply to (1) any lot improved with a single-family attached dwelling; or (2) any lot with an existing lot width of forty-five (45) feet or less; or (3) any lot in the H-1 Overlay, Old and Historic District.
12. L.
    Delineation of Employee Parking. Each required employee parking space shall be readily identified by durable pavement markings as depicted on any required site plan or zoning permit.

Effective on: 1/1/1901

For the purposes of these regulations there shall be two general categories of off-street parking dimensions: standard parking spaces and parking spaces for disabled persons. The maximum number of contiguous parking spaces in a row shall be no greater than twenty (20). Parking spaces may be situated at the following angles: 90, 60, 45, 30 and 0 (parallel). Spaces shall be measured based on the minimum rectangular dimensions established herein.

1. A.
   Standard Parking Spaces. All surface parking spaces shall be designed as standard parking spaces, except as otherwise expressly allowed or required herein. Standard parking spaces shall be a minimum of 9.0 feet in width and 18 feet in length, except for parallel parking spaces which shall be a minimum of 22 feet in length.
2. B.
   Accessible Parking for Physically Handicapped Persons. tc " Accessible Parking for Physically Handicapped Persons " \l 3A portion of the total number of off-street parking spaces provided in each off-street parking area shall be specifically designated, located and reserved for use by persons with physical disabilities. The number and dimensions of handicapped accessible parking spaces shall be required in accordance with the Federal Americans with Disabilities Act (ADA).

   1. 1.
      Number of Spaces. The minimum number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces provided, as determined from the following schedule. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards.

Effective on: 1/1/1901

1. A.
   Minimum Dimensions of Off-Street Loading Areas. For the purpose of these regulations there shall be two general categories of off-street loading dimensions: standard loading spaces and semi-trailer loading spaces.

   1. 1.
      Standard Loading Space Dimensions. Standard loading spaces shall be a minimum 15 feet in width and 30 feet in length and provide a minimum vertical clearance of 15 feet; provided, however, that when loading spaces are located alongside each other, additional loading spaces need only be a minimum of 12 feet in width. All uses which are required to provide a standard loading space shall provide an entrance and circulation system which can accommodate an American Association of State Highway and Transportation Officials (AASHTO) SU Design Vehicle.
   2. 2.
      Semi-Trailer Loading Space Dimensions. Semi-Trailer loading spaces shall be a minimum of 15 feet in width and 55 feet in length and provide a minimum vertical clearance of 15 feet. Uses which are required to provide a semi-trailer loading space shall utilize an AASHTO WB-50 Design Vehicle for planning the entrance and on-site circulation system.
   3. 3.
      Location of Off-Street Loading Spaces. No off-street loading area shall be located within any required front yard. Furthermore, no off-street loading area shall be used to satisfy requirements for parking or stacking spaces. All loading areas shall be located and designed in a manner which does not interfere with the free circulation of vehicles within parking or stacking areas.

Effective on: 1/1/1901

Off-street parking areas which are provided in excess of the requirements established in this article and which will only be used on a periodic basis, in order to accommodate temporary special events on the property, may be located on an unpaved surface if approved in writing by the Land Development Official. Conditions appropriate to ensure that the temporary use will be of short duration shall be specified by the Land Development Official.

Effective on: 1/1/1901

Handicap accessible spaces shall be provided in accordance with Section 11.6.2.B.

1. A.
   Where fire lanes are required, the minimum aisle width shall be determined by the Fire Marshal.
2. B.
   Minimum parking space dimensions shall be provided exclusive of access drives, aisles, ramps or columns. All spaces shall be striped.
3. C.
   Minimum vertical clearance for all spaces shall be six feet, six inches (6’6”). When the facility serves a “place of public accommodation” as defined by the Americans with Disabilities Act, then a minimum vertical clearance of eight feet, two inches (8’2”) shall be provided for van accessible spaces and along the vehicular route to the accessible spaces, and from the accessible spaces to the exit.
4. D.
   Maximum slope for parking floors shall not exceed five percent (5%).
5. E.
   Maximum slope for speed ramps shall not exceed fifteen percent (15%).
6. F.
   Parking spaces and access aisles for handicap accessible spaces shall be level and not exceed a two percent (2%) slope.

Effective on: 1/1/1901

A minimum of ten (10) stacking spaces shall be required for fast food restaurants with drive-up windows. The distance shall be measured from the drive-up window.

Effective on: 1/1/1901

A minimum of seven (7) stacking spaces per car wash bay shall be required.

Effective on: 1/1/1901

The minimum number of stacking spaces required for each teller, customer window or automatic teller machine (ATM) serving a financial institution shall be three (3) stacking spaces per lane and per window. However, the Town Council may require additional stacking spaces based on site conditions and safety considerations during review of the special exception application requesting the use. Such stacking lanes shall be used solely for drive-up window vehicle stacking and shall not conflict or extend into vehicle parking areas, drive aisles or loading spaces and shall be screened to avoid being a dominant visual feature of the site when viewed from adjacent streets.

Effective on: 1/1/1901

For other uses not specifically provided for herein, the Zoning Administrator shall make a determination regarding the number of stacking spaces required.

Effective on: 1/1/1901

Loading spaces may be provided cooperatively for two or more uses, subject to approval by the Zoning Administrator and approval of appropriate legal instruments by the Town Attorney to ensure the permanent availability of off-street loading for all such uses. The overall number of loading spaces provided may be reduced in those instances where it is demonstrated that adjacent land uses can be adequately served by a shared loading facility. The Zoning Administrator is authorized to require restrictions on the use and hours of operation of any uses that share loading spaces.

Effective on: 1/1/1901

When the use does not require that goods, merchandise, or equipment be routinely delivered or shipped to or from the subject use by either an American Association of State Highway Transportation Officials (AASHTO) WB-50 or SU type vehicle, then a waiver of the loading space requirement may be granted by the Zoning Administrator. The request for waiver shall be made to the Zoning Administrator in writing testifying to the nature of the business and justifying the waiver sought. To grant a waiver, the Zoning Administrator must determine that the use will be able to operate properly without routine delivery or shipment of goods, merchandise, or equipment by an AASHTO WB-50 or SU Design Vehicle. The Zoning Administrator shall set forth in writing the grant of modification or waiver with the reasons for such determination.

In those cases when the applicant can properly demonstrate that the use can be adequately and safely accommodated with loading for an AASHTO SU Design Vehicle when a WB-50 Design Vehicle is required, the Zoning Administrator may modify that requirement to permit the use of the SU Design Vehicle space. Any modification request shall be made in writing to the Zoning Administrator with adequate information testifying to the nature of the business and evidence justifying the modification sought. The Zoning Administrator shall set forth in writing the grant of modification with reasons for such determination.

Effective on: 1/1/1901

The Zoning Administrator may require the submittal of floor plans for any use proposed with a land development application in order to verify the calculation of required parking.

Effective on: 1/1/1901

1. A.
   Whenever the required number of parking or loading spaces is not established in this article, and when there is no similar general type of use listed, the Zoning Administrator shall make a determination of the number of spaces to be provided.
2. B.
   When units of measurement utilized to determine the number of parking or loading spaces result in a fraction of a space, any fraction greater than or equal to one-half shall require one space.
3. C.
   Unless otherwise expressly stated, parking or loading requirements that are based on floor area shall be calculated on the basis of gross floor area.
4. D.
   When parking or loading requirements are based on the number of employees such requirements shall be based on the number of employees working on the largest single shift of operation.
5. E.
   When parking or loading requirements are based on the number of seats and benches or pews are utilized, each 18 lineal inches of such seating shall be determined to constitute one seat.

Effective on: 1/1/1901

1. A.
   Responsibility. The enforcement of the provisions of this article shall be the responsibility of the Zoning Administrator or designee. Any violation of this article is a criminal misdemeanor, as described in Sec. 17.3.1.
2. B.
   Occupancy Permits. No occupancy permit shall be signed until the paved parking and loading areas required by this article have been installed to the satisfaction of the Zoning Administrator.
3. C.
   Bonds. If the weather prohibits the paving of the required driveways for single-family detached or single-family attached development at the time of occupancy, the applicant may, at the applicant’s option, post a cash bond for the paving of driveways. The bond shall be supported by an estimate from a paving contractor of the cost of such paving and a letter expressing the intent of the contractor to perform the service; in addition to the contractor’s estimate, the amount of the bond shall include a reasonable sum for administrative expenses, in accordance with Sections 15.2-2241.5 and 15.2-2299 of the Code of Virginia, 1950, as amended. If the work is not completed within six (6) months, the bond shall be forfeited to the town to use for the completion of the work.

Effective on: 1/1/1901