(1)

Intent and purpose. It is the intent of this section to provide for the health, safety, welfare and convenience of the public by requiring each use to provide adequate and safe access to parking and to provide for flexibility in location and design. All parking areas shall be designed and located for the following purposes:

(a)

To serve the use for which constructed; and

(b)

To protect and promote the public health and safety; and

(c)

To mitigate potential adverse impacts or nuisances on adjacent and nearby uses; and

(d)

To mitigate potential adverse impacts or nuisances on the environment; and

(e)

To provide for adequate vehicle and pedestrian circulation and safety; and

(f)

To conserve natural resources and the benefits they provide; and

(g)

To avoid the creation of excess parking.

(2)

Provision of adequate parking. The owner, developer, or operator of a specific use shall be responsible to provide and maintain or have available adequate off-street parking spaces to meet the specific characteristics of a use or combination of uses located on a site or property.

(a)

Existing buildings in the C-4 zoning district with frontage in the following areas shall not be required to provide parking spaces irrespective of the use:

i.

21st Street between Main Street and the W&OD Trail.

1.

Street east of 21st Street.

ii.

On the northern side of East Main Street from 105 to 109 East Main Street.

iii.

From 141 to 151 West Main Street.

iv.

On the south side of West Main Street from 110 through 120 West Main Street.

(3)

Number of spaces. The determination of the number of off-street parking spaces provided for a specific use shall be provided by the owner, developer or operator of the specific use to the zoning administrator for approval. The burden shall be on the applicant to justify the number of spaces being requested and to show that the parking area and spaces meet the above standards set forth in Paragraph (1) of this subsection. In determining the number of spaces required, the zoning administrator shall consider the characteristics of the proposed use or uses, location of parking needs, anticipated employment, the number of residents and/or visitors, the minimum parking required for similar uses or mixes, parking patterns in the Town of Purcellville and other relevant considerations. As a basis for determining adequate spaces the zoning administrator may use data provided by the applicant in regards to like land uses, the most current edition of the Institute of Transportation Engineers' Parking Generation Report ("ITE"), the American Planning Association's Parking Standards, their successor publications, the Urban Land Institute's Parking Requirements for Shopping Centers, requirements from other Virginia municipalities, or other data to determine the number of parking spaces for a specified use.

(4)

Written proposal required. Prior to the establishment of a use, change of use, or as part of the site plan process, the owner, developer or operator of said use shall provide the zoning administrator with a written proposal that sets forth the number of parking spaces that will be provided and the rationale and justification used to determine the number proposed and how it complies with Paragraph (1) of this subsection above.

(a)

Number of spaces. The zoning administrator shall have the authority to set the minimum and maximum number of spaces for a particular use.

(b)

Zoning administrator determination. The administrator shall determine if the proposal complies with the standards as set forth in Subsection 7.1.1 of this article and either approve the proposal, approve the proposal with conditions or deny the proposal. The zoning administrator must document the basis for their determination.

(c)

Appeal. An appeal to the board of zoning appeals ("BZA") may be taken by any person aggrieved by any decision of the administrator in the administration or enforcement of this ordinance. Such appeal shall be taken within 30 days after the decision appealed from, by filing with the administrator, and with the BZA, a notice of appeal specifying the grounds thereof. An appeal stays all proceedings in the furtherance of the action appealed from.

Except as otherwise provided for in this ordinance, when any building, structure, parking lot, or parking facility hereafter is constructed, erected, enlarged, expanded or otherwise altered; or any use is established, expanded or changed within the corporate limits of the town, the requirements of this section shall apply.

The creation, reduction or expansion of required facilities. It shall be unlawful for an owner or an operator of any building or land use affected by this section to cause or permit the creation, expansion, discontinuance or reduction of existing parking or loading facilities without the prior approval of the zoning administrator. Approval shall be based on the proposal meeting the standards of Subsection 7.1.1 of this article.

Parking lot spaces used for festival or event set up areas may be temporarily closed for a time to be determined by the zoning administrator.

Handicap spaces shall be provided in accordance with the most current Americans with Disabilities Act Accessibility Guidelines ("ADAAG"), or its successor governing regulations and guidelines. The handicap spaces shall meet the dimension requirements as set forth in the ADAAG.

If parking spaces are provided or existing lots are restriped, then accessible parking spaces must be provided as set forth below in Subsection 7.1.3 in accordance with the American with Disabilities Act and the requirements of the most current ADA Standards for Accessible Design.

(1)

Off-site parking.

(a)

Location. Except as otherwise provided in this ordinance, all parking spaces provided shall be located on the same lot with the building or use served. The zoning administrator may authorize the use of parking areas on a separate lot if it is determined that the public health, safety or convenience would be at least equally served by the off-site location.

(b)

Instrument assuring continuation of off-site parking. If stand-alone parking or off-site shared parking is to be provided, the applicant shall submit with the application for a site plan, site plan waiver or, if a site plan is not required, with an application for a zoning permit, an instrument that restricts the use of that part of the land on which parking is provided to that use, and assures that a minimum number of parking spaces shall be established and maintained for the life of the use. The instrument shall be in a form that is suitable for recording, shall be subject to review and approval as to form and substance by the town attorney, and shall be recorded in the office of the clerk of the circuit court of the county before the site plan or zoning occupancy is approved. As the parking for the use or structure change, subsequent instruments may be submitted, reviewed, approved and recorded that rescind or modify the prior instrument.

(2)

Shared parking. Shared parking allows parking spaces to be shared among two or more uses that typically experience peak parking demands at different times and is located on the same lot or on nearby lots. Because parking spaces are shared, the total number of parking spaces may be reduced. The following requirements apply to shared parking:

(a)

Aggregate number of parking spaces. The zoning administrator may agree to the aggregate minimum number of parking spaces, provided that uses participating in shared parking experience peak parking demands at different times. The zoning administrator shall base this decision on the particular circumstances of the application.

(b)

Parking study. The zoning administrator may require the applicant to submit a parking study to determine the peak parking demand periods or other information needed to determine the viability of shared parking under the particular circumstances of the application.

(c)

Effect of reserved parking spaces. Parking spaces reserved for specific individuals or classes of individuals shall not be counted toward the parking spaces that could be shared, except for those spaces designated and marked for use only by handicapped persons.

(3)

Planning for the reduction of off-street parking. The number of parking spaces should be reduced if other forms of transportation or parking areas are available such as bicycle riding, public parking lots and public bus transportation are available to the project and its parking lot.

The site plan should incorporate a parking plan which indicates the location of all proposed parking spaces and the location of any bicycle spaces, pedestrian accommodations, public transit stations/shelters, public parking facilities, additional open space or any other site-specific feature which is the basis for the reduction.

In any case, the total reduction in parking shall not exceed 33 percent of the total requested. The zoning administrator shall evaluate each request to ensure that the criteria for granting such reductions are met.

(1)

Minimum vehicle parking space size. For the purpose of these regulations, an off-street parking space is an all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (nine 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 paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. Parallel parking spaces shall be eight feet in width and 22 feet in length minimum. Required space length may be reduced by two feet for perimeter spaces or those which abut sidewalks if landscaped buffer strips or sidewalks are increased in width by two feet to accommodate vehicle overhang.

(a)

In the C-4 district, up to 20 percent of newly created parking spaces may be compact spaces having dimensions of eight feet in width and 15 feet in length and shall be marked as compact spaces. In the C-4 zoning district, any on-street parking created by the applicant or landowner, shall be considered as part of the total spaces when determining the number of proposed parking spaces being requested.

(2)

Parking aisle and driveway widths.

(3)

Drive-through aisle and stacking space design.

(a)

Drive through lanes. Stacking spaces necessary for the operation of drive-in or drive-through facilities are required to prevent traffic conflicts and congestion. The number and size provided shall ensure that drive through aisles shall not interfere with or disrupt ingress or egress or constrict the flow of traffic or impede access to other parking spaces on the overall site.

(4)

Paving or all-weather surface.

(a)

Paving. The ground surface of all parking areas shall consist of a durable, dust-free and hard material, such as asphalt, concrete, brick or some comparable material. Alternative surface materials such as porous pavement, Grasscrete and other pervious materials and surfaces, excluding gravel surfaces may be approved by the zoning administrator for all or a portion of the parking lot. This subsection shall not apply to single-family residences, duplexes, or accessory dwelling units.

(b)

Striping required. Parking spaces in areas surfaced in accordance with Subsection (a) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced with alternative treatments that cannot be easily painted shall be demarcated in the best manner practicable, such as with concrete curb stops, as approved by the zoning administrator.

(c)

Temporary lots used no more than four days per month. Parking areas used for overflow or special occasions/events on an infrequent basis may be surfaced with appropriate turf for parking areas or gravel lots in addition to other pervious surfaces. The administrator shall determine the appropriate surface based on the proposed usage.

i.

Temporary gravel lots shall be allowed in commercial, institutional, agricultural and industrial districts only.

(5)

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.

(6)

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 and Loudoun County fire marshal. In general, there shall not be more than one entrance and one exit, or one combined entrance and exit, along any one street. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.

(7)

Drainage and maintenance. Off-street parking facilities shall be constructed so as to provide drainage infrastructure that will eliminate standing water and prevent damage to abutting property and/or public streets and alleys utilizing low impact development and/or best management practices set by the Virginia Storm Water Management Program (VSMP). The incorporation of elements of green infrastructure, such as bio-retention basins, rain gardens and permeable surfaces, are highly encouraged in the design of parking facilities. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee.

(8)

Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. Lighting facilities shall conform to the requirements of Article 6: Outdoor lighting regulations.

(9)

Design. All parking lots shall be arranged for functional efficiency, safety 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.

(10)

Driveways. Residential driveways accessing garages, carports, etc., shall not be used to calculate the parking requirements of the zoning ordinance, unless a space is located outside the driveway access in a designated area which affords ingress and egress for an automobile without requiring another automobile to be moved. Each parking space for dwelling units which do not share a common parking lot shall be a minimum of eight feet wide and 18 feet long. Parking spaces may be provided in a manner in which the stalls are side-by-side, end-to-end, or not contiguous to each other.

(11)

Unobstructed access. Except for parking provided on driveways for single-family dwellings, excluding shared driveways, each parking space must have clear and unobstructed access to the street or aisle, and stacked parking (spaces in a line without direct access to an aisle or street) is prohibited.

(12)

Use of off-street spaces. Off-street parking spaces shall be provided for the use of residents, customers, patrons and employees. Designated parking spaces shall not be used for:

(a)

Outdoor storage of goods and materials.

(b)

Sale, repair or servicing of vehicles, other than on an emergency basis.

(c)

Sale or display of goods or services unless part of a festival or special event.

(d)

Parking of fleet vehicles, business vans, trailers or trucks.

(e)

Advertising of businesses or other uses.

(f)

Dumpsters, clothing bins.

(g)

Any other uses that prevent customers from using designated parking spaces. With the exception of festival and event usage.

(13)

Space arrangement. There shall be safe, adequate and convenient arrangement of pedestrian pathways, bikeways, roadways, driveways, and off-street parking and loading spaces within parking areas.

(a)

Streets, pedestrian walkways, parking areas and open space shall be designed as integral parts of an overall site design which shall be properly related to existing and proposed buildings, adjacent land uses and landscaped areas.

(b)

The materials used in the design of paving, lighting fixtures, retaining walls, fences, curbs and benches shall be appropriate to the design of the project as a whole.

(c)

Parking lots shall be maintained in a safe operating condition and manner as to not create a hazard or nuisance.

(d)

Design. Structures, vehicular circulation lanes, parking stalls, driveways, and open spaces shall be designed to provide logical, impediment-free pedestrian movement. The site shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(e)

Walkways. Paved, landscaped or comfortably graded pedestrian walkways shall be provided along the lines of most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

i.

Where off-street parking spaces directly face a structure, and are not separated by an access aisle from the structure, a paved pedestrian walkway shall be provided between the front of the parking stall and the structure. The walkway shall be a minimum of four feet wide, exclusive of vehicle over-hang, and shall be separated from the parking stall by concrete wheel stops or continuous curbing. Where possible a three-foot landscaped strip shall separate the side walk from the building. Residential vehicular use areas are exempt from this requirement. Where an applicant can show a hardship in which unique physical conditions exist, the zoning administrator may waive the sidewalk and landscaped strip requirement.

(f)

Location of lots. Parking lots shall generally be located to the side and rear of commercial uses.

i.

Parking areas located in front of buildings shall be partially screened along their frontage as provided for in Article 5.

(1)

Signage. Signage shall be provided in accordance with the requirements of Article 8.

(2)

Parking lot landscaping and screening requirements. Parking lot landscaping and screening shall be provided in accordance with the requirements of Section 5.12.

(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 gross floor area by 25 percent or more, or any building is hereafter converted, for the uses listed below, when such buildings contain the gross floor areas specified and the normal operation requires that goods, merchandise or equipment be routinely delivered to or shipped from that building or structure, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this article in order to accommodate the delivery or shipment operations in a safe and convenient manner:

(2)

Interpretation of specific requirements.

(a)

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

(b)

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

(3)

Mixed uses in one building. Where a building is used for more than one use or for different uses, and where the gross floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate gross 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.

(4)

Shared loading spaces. Required off-street loading spaces may be provided jointly for two or more uses subject to the approval of the zoning administrator. The overall number of loading spaces may be reduced by the zoning administrator where adjacent uses can demonstrate that they can be adequately served by a shared loading facility.

(5)

Waiver. When the use does not require that goods, merchandise, or equipment be routinely delivered or shipped to or from the subject use by an American Association of State Highway Transportation Officials (AASHTO) WB50 or SU type vehicle, then a waiver of the loading space requirement may be granted by the zoning administrator. The request for a 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 WB50 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 WB50 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.

The zoning administrator is authorized to waive or reduce the loading requirements in the C-4 district when a determination is made that the proposed use can be adequately served by an existing on or off-street loading area or where a provision of a loading area is not feasible because of the location of existing buildings and structures. The zoning administrator may consider the dense development pattern of the C-4 district and shall consider reducing or eliminating such loading requirements to preserve and promote the development pattern. The zoning administrator may set forth in writing the grant of modification with reasons for such determination.

(6)

Design standards.

(a)

For the purpose of these regulations, each loading space required by this section shall be at least 12 feet wide by 25 feet long (or deep), with at least 14 feet of overhead clearance. Each loading space shall have adequate, unobstructed means for the ingress and egress of vehicles, and a minimum aisle width of 22 feet.

(b)

The spaces shall be located adjacent to the building's loading doors, in an area that promotes their practical use.

(c)

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. Off-street loading spaces shall not block entrances or exits or extend into the required aisle of the parking lot.

(d)

All loading spaces shall be delineated by signage and striping and labeling of the pavement.

(e)

The ground surface of loading areas shall be paved with a durable, dust free and hard material, such as bituminous hot mix or Portland cement, concrete, or some comparable material. Such paving shall be maintained for safe and convenient use at all times.

When provided, bicycle parking serving the residents of a multi-family building shall comply with the following regulations:

(1)

Bicycle parking areas shall be covered from the elements, or located indoors.

(2)

Where there is more than one building containing residences on a lot or multiple building entrances, bicycle parking areas shall be distributed so as to provide equal access to all users.

(3)

Bicycle parking areas not located within a primary building shall be located within 50 feet of building entrances, and shall not impede the flow of vehicular or pedestrian traffic.

When bicycle parking is provided to serve any use other than residences, the following rules shall apply:

(1)

Bicycle parking areas shall be provided within 50 feet of a building's entrance and shall be located as to not avoid impeding the flow of vehicular or pedestrian traffic.

(a)

For sites adjacent to the W&OD trail, bicycle parking areas may also be provided within 50 feet of an access point closest to the trail.

(2)

For open uses, including recreation and publicly accessible spaces, bicycle parking areas shall be provided within 15 feet of any sidewalks, walkways, or trails that provide access between the use and any adjacent sidewalks or parking areas.

(3)

Bicycle parking areas may be open, covered from the elements, or located within buildings.

(1)

Residential districts. The parking or storage of major recreational equipment, including, but not limited to, travel trailers, utility trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, amphibious houseboats, or similar equipment normally used for recreational purposes shall be permitted as an accessory use in all residential districts, subject, however, to the following regulations and requirements:

(a)

Such major recreational equipment shall not exceed 28 feet in length, eight feet in width, and ten feet in height, exclusive of masts, antennas, vent-stacks, windshields, or other accessories.

(b)

Such major recreational equipment shall not be used for living, sleeping, housekeeping or business purposes, nor shall such major recreational equipment be connected to any utility service, except for temporary periods solely for replenishing supplies or for the servicing or repair of equipment.

(c)

Such major recreational equipment shall not be parked or stored in a manner which infringes upon the setback requirements for accessory buildings in the residential district in which the lot is located.

(d)

Site plans for residential developments which provide common parking areas, such as townhouse or apartment developments, shall show special provisions, if any, made for storage and screening of storage areas for major recreational equipment.

(e)

Such major recreational equipment shall not be parked or stored in the front yard in any residential district.

(f)

Under special and specific circumstances, temporary parking permits for such recreation vehicles may be issued in accordance with town policy.

(2)

All other districts. The parking or storage of major recreational equipment, including, but not limited to, travel trailers, utility trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, amphibious houseboats, or similar equipment normally used for recreational purposes shall only be permitted as a primary or accessory use in accordance with the regulations or Article 3: Use, and shall be subject to the following regulations and requirements:

(a)

Signage. Signage shall be provided in accordance with the requirements of Article 8.

(b)

Parking lot landscaping and screening requirements. Parking lot landscaping and screening shall be provided in accordance with the requirements of Article 5.

The parking of any commercial vehicle in any residential district is prohibited, except a commercial vehicle of not more than two and one-half ton capacity (not to exceed manufacturer's gross weight rating of 16,000 pounds GVW) may be parked in an enclosed garage in such district. A commercial vehicle of one-ton capacity or less (not to exceed manufacturer's gross weight rating of 10,000 pounds GVW) may be parked to the rear of the rear line of a main building in any residential district or in the case of an apartment building development, in an approved off-street parking area.