Ordinance chapter · Ashland, Virginia

Chapter 20

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ARTICLE XIX#

OFF-STREET PARKING#

Sec 21-198 Definitions#

The following definitions shall apply to the sections of this article.

Corner lot. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on streets.

Driveway. The primary improved or unimproved parking surface which provides egress and ingress from a garage, carport or off-street parking area to an adjacent street or alley.

Front yard. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Improved parking surface. An area used for the parking or storage of vehicles that is overlaid or otherwise paved with asphalt, concrete, paving stones, brick, gravel, pervious paving or other approved material (or material approved by the zoning administrator).

Setback. The minimum distance by which any building, structure or designated activity or use must be separated from the front lot line. Also referred to as "front yard."

Side yard. An open, unoccupied space on the same lot as a building between the side line of the building (excluding the steps) and the side line of the lot and extending from the front yard to the rear yard line.

Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway and shall include any automobile, bus, truck, tractor, motor house, farm machinery, motorcycles, scooters, mopeds, all-terrain vehicles, boats, aircraft, recreational vehicles, golf carts, go-carts, trailers, fifth wheel trailers, campers, camper shells, wheeled towing frames, semi-tractor trailers, truck beds mounted on chassis and mobile homes. This definition does not include non-motorized bicycles, small engine lawn mowers and devices of similar scale.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-198.1 Off-Street Parking And Loading Requirements#

Provision required. Every use or structure instituted, constructed, erected, enlarged or structurally altered after the effective date of this chapter shall provide off-street parking and loading facilities in accordance with the provisions of this article, except as otherwise provided for in this article.

Types of surfaces. Such off-street parking and loading facilities shall be asphalt, surface treatment, concrete, unit pavers or similar material approved by the zoning administrator, except for single-family detached or two-family detached dwellings which may be stone or gravel§. Such off-street parking and loading facilities shall be maintained and continued as long as the principal use is continued.

Discontinuances, etc., without alternative facilities prohibited. No owner or operator of any structure affected by this article shall discontinue, change or dispense with the required parking and loading facilities without establishing alternative vehicular parking and loading facilities which meet the requirements of this article.

Compliance required. No person, firm or corporation shall utilize such structure or use without providing the off-street parking and loading facilities to meet the requirements of and be in compliance with this article.

Minimum dimensions. Each off-street parking space required by this article shall not be less than nine (9) feet in width§ and eighteen (18) feet in length§, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width§ and twenty-two (22) feet in length§. The width and length of parking spaces shall be measured perpendicular to one another so as to form a rectangle with dimensions as required herein. Parking spaces required to be accessible to persons with disabilities by the provisions of the Virginia Uniform Statewide Building Code shall comply with the requirements of that code.

Allowance for vehicle overhang area. Up to thirty (30) inches of the required length of off-street parking spaces may be provided as vehicle overhang area§ and need not be paved, provided that wheel stops are installed. Such overhang area shall be clear of any obstruction to vehicles utilizing the parking space and shall not encroach into any other parking space, access aisle, public right-of-way, adjacent property, pedestrian walkway or required yard within which parking is not permitted.

HISTORY Adopted by Ord. 98-8 § 1 on 6/23/1998 Amended by Ord. 2003-16 § C1 on 2/17/2004 Amended by Ord. 2009-13 on 12/15/2009 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-199 Location Of Off-Streets Parking#

Off-street parking spaces required by this article shall be located on the same lot or parcel of land as the use they are intended to serve, except that off-street parking spaces required for uses other than dwelling uses may be located off the premises in accordance with the standards set forth in this section:

  1. Parking spaces shall be located in the same district as the use they are intended to serve, and shall be located within three hundred (300) feet by pedestrian route§ of a public entrance to the building occupied by the use they are intended to serve.

  2. The property on which such parking spaces are located shall be held in fee simple ownership by the owner of the use they are intended to serve or by the owner of the property on which the use is located, or shall be subject to a lease that assures continued availability for parking to serve the use so long as such parking is needed to meet the requirements of this chapter. Such lease shall be for a term of not less than one year§, and the form and terms of such lease shall be approved by the town attorney before zoning approval or a certificate of use and occupancy may be granted.

  3. At any time use of the property for parking purposes is to be discontinued, the zoning administrator shall be notified, by both the lessor and the lessee, in writing, a minimum of thirty (30) days prior to the discontinuance.§ Unless the parking spaces are no longer required by this chapter, such spaces shall be provided elsewhere in compliance with the provisions of this chapter.

  4. The area devoted to such parking spaces shall be provided with identification indicating the use for which the parking is required and, if applicable, the hours of its availability. In addition, the use for which such parking is provided shall contain notification, in a conspicuous manner on the premises of the use, of the availability and location of such parking spaces.

  5. A site plan as set forth in article XVII of this chapter shall be required for all such parking spaces and related vehicle access and maneuvering areas.

  6. In the HE district, parking spaces required to serve colleges and related educational, administrative, recreational and dormitory facilities, but not fraternity and sorority houses, may be located off the premises of such uses when in accordance with all of the standards set forth in this section, except such parking spaces may be located within six hundred (600) feet by pedestrian route§ of a public entrance to the building or to the use, if there is no building, that they are intended to serve.

HISTORY Adopted by Ord. 6-10-86 Paper Archive § 1 on 6/10/1986 Amended by Ord. 99-4 § 1 on 4/27/1999 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-199.1 Front Yard Parking#

All parking for single-family and two-family dwellings shall be provided so as to maintain a primarily residential appearance in front yards and to protect the quality and character of residential neighborhoods. Accordingly, areas used for parking and drives must be designed, located, and constructed to meet the standards of this section.

  1. Parking spaces and drives in front yards (i.e., the portion of the lot located between the side lot lines from the front building line of the principal building to the front lot line) must be clearly delineated, constructed and adequately maintained with a hard all-weather surface such as asphalt, concrete, brick, CABC (gravel), pervious paving or other approved material. Grass and bare earth areas are expressly prohibited.

  2. These requirements also apply to areas used for parking and drives on corner lots within the street side yard (between the principal structure and the side street right-of-way) that are unscreened and visible from a public street. The edge of all parking and drive areas within front and street side yards must be clearly delineated, with a physical edge that is maintained.

  3. No more than thirty percent (30%) of the front yard area (of a lot occupied by a detached single family dwelling or duplex) may be paved unless the zoning administrator grants an exception.§ Some examples of cases eligible for consideration of an exception are as follows:

    a. The area is primarily used for vehicular drive and turnaround movements and not for the parking of vehicles.

    b. The area required to meeting minimum off-street parking requirements and reasonable access drives would exceed thirty percent (30%) of the front yard area.

    c. The lot is less than fifty (50) feet wide with a setback of less than twenty-five (25) feet, and zoning administrator determines it is infeasible limit paving to less than thirty percent (30%) of the front yard.

    d. The topography, location of the dwelling or the existing development of adjoining areas prevents conformance.

    e. A portion of the area is necessary to provide accessibility for disabled persons.

    f. The existing all-weather surface currently exceeds thirty percent (30%) of the front yard and a portion of the all-weather surface is either designated as driveway only (or for a non-parking use) and/or physically restricted or barricaded from use as vehicle parking.

    g. If no on-street parking is available.

    h. A landscape plan is submitted and approved by the zoning administrator.

  4. Notwithstanding the nonconformity regulations of ATC chapter 21, Article XVIII, the requirements of this section apply to all existing and future required or proposed parking areas and drives.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-200 Shared Parking#

The zoning administrator may authorize a reduction in the total number of required parking spaces for two (2) or more uses jointly providing off-street parking when their respective hours of peak operation do not overlap. Shared parking shall be allowable in all commercial and industrial zoned areas§ and subject to the following standards:

  1. Location. All uses that participate in a single shared parking plan shall be located on the same lot or on lots that share a common boundary. The shared parking lot shall be developed and used as though the uses on the lots were a single unit.

  2. Computation. The number of shared spaces for two (2) or more distinguishable land uses shall be determined by the following procedure:

    a. Multiply the minimum parking required for each individual use, as set forth in Sec. 21-204, Amount of Off-Street Parking Required, by the appropriate percentage indicated in Table 21-1, Shared Parking Calculations, for each of the six (6) designated time periods.

    b. Add the resulting sums for each of the six (6) columns.

    c. The minimum parking requirement shall be the highest sum among the six (6) columns resulting from the above calculations.

    d. Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

    e. Provide for no reduction in the number of spaces with disabilities.

    f. Be reviewed and approved by the zoning administrator and the planning commission.

  3. Other uses. If one (1) or all of the land uses proposing to make use of shared parking facilities do not conform to the general land use classifications in Table 21-1, Shared Parking Calculations, as determined by the zoning administrator, then the applicant shall submit sufficient data to indicate the principal operating hours of the uses. Based upon this information, the zoning administrator shall determine the appropriate shared parking requirement, if any, for such uses.

  4. Alternative procedure. An application may be submitted requesting that the zoning administrator authorize a greater reduction in the total number of required parking spaces for two (2) or more uses where an applicant believes that Table 21-1, Shared Parking Calculations, does not adequately account for circumstances unique to the particular property or properties in question. The application shall include, at a minimum, a parking study with a detailed description of the proposed uses, their hours of operation, their anticipated peak parking demand, and anticipated hours that such peak parking demand would occur. Based upon information demonstrating that the peak parking demand for the uses in question would not coincide, the zoning administrator may authorize a greater parking reduction than is authorized by Table 21-1, Shared Parking Calculations. The zoning administrator may impose reasonable conditions to mitigate potential negative effects.

Table 21-1 Shared Parking Calculations

General Land Use Classification Weekdays 2:00 a.m.–7:00 a.m. Weekdays 7:00 a.m.–6:00 p.m. Weekdays 6:00 p.m.–2:00 a.m. Weekends 2:00 a.m.–7:00 a.m. Weekends 7:00 a.m.–6:00 p.m. Weekends 6:00 p.m.–2:00 a.m.
Office 5% 100% 5% 0% 10% 0%
Retail sales and services 0% 90% 80% 0% 100% 60%
Restaurant (not 24 hour) 10% 70% 100% 20% 70% 100%
Residential 100% 60% 100% 100% 75% 90%
Theater 0% 40% 90% 0% 80% 100%
Hotel Guest Rooms 100% 55% 100% 100% 55% 100%
Restaurant/lounge 40% 66% 100% 50% 45% 100%
Conference rooms 0% 100% 100% 0% 100% 100%
Religious institution 0% 25% 50% 0% 100% 50%
Reception or meeting hall 0% 70% 90% 0% 70% 100%
Museum 0% 100% 80% 0% 100% 80%
School, grades K-12 20% 100% 25% 0% 30% 10%
  1. Agreement for shared parking plan. A shared parking plan shall be enforced through written agreement. An attested copy of the agreement between the owners of record shall be submitted to the administrator who shall forward a copy to the town attorney for review and approval. Proof of recordation of the agreement shall be presented to the administrator prior to issuance of a certificate of occupancy. The agreement shall:

    a. List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;

    b. Provide a legal description of the land;

    c. Include a site plan showing the area of the parking parcel and the open space reserved area which would provide for future parking and any required storm water management facilities;

    d. Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;

    e. Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;

    f. Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses;

    g. Describe the obligations of each party, including the maintenance responsibility to retain and develop reserved open space for additional parking spaces if the need arises;

    h. Incorporate the shared parking study by reference; and

    i. Describe the method by which the covenant shall, if necessary, be revised.

  2. Change in use. Should any of the shared parking uses be changed, or should the Administrator find that any of the conditions described in the approved computations or parking plan no longer exist or if the administrator and planning commission determine that insufficient parking is an issue, the owner(s) shall have the option of submitting a revised shared parking computations and an amended shared parking agreement in accordance with the standards of this subsection or of providing the number of spaces required for each use as if computed separately. If the administrator determines that the revised shared parking computations or agreement does not satisfy the off-street parking needs of the proposed uses, the shared parking request shall be denied, and no certificates of occupancy shall be issued until the full number of off-street parking spaces is provided.

  3. When all of the provisions set forth in ATC section 21-199 of this article, except subsection (c), are met, up to fifty (50) percent of the required number of off-street parking spaces for churches and other places of worship may be provided by parking spaces required for or serving any other use§ which is not routinely open, used or operated during the same hours of the day or night as the activities for which the church related parking is used.

HISTORY Adopted by Ord. 99-4 § 1 on 4/27/1999 Amended by Ord. 2011-08 on 2/21/2012

ARTICLE XIX. OFF-STREET PARKING#

Sec 21-201 Landscaping, Trees, Buffers And Screening#

Landscaping, trees, buffers and screening within and adjacent to off-street parking areas shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY Adopted by Ord. 3-23-93 Paper Archive § 1 on 3/23/1993 Amended by Ord. 2003-16 § C2 on 2/17/2004 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-201.1 Lighting Standards#

Parking areas shall be provided with adequate lighting during the nondaylight hours when they are in use.§ All lighting within and adjacent to parking areas shall comply with the applicable provisions of ATC section 21-266.

HISTORY Adopted by Ord. 3-23-93 Paper Archive § 1 on 3/23/1993 Amended by Ord. 99-4 § 1 on 4/27/1999 Amended by Ord. 2003-16 § C3 on 2/17/2004 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-202 Delineating Parking Spaces#

Whenever four (4) or more parking spaces are provided§, such spaces shall be laid out on the parking surface with paint or plastic stripping which shall provide a permanent delineation between spaces.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-203 Calculating Number Of Off-Street Parking#

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately§.

Off-street parking facilities supplied to meet the needs of one use shall not be considered as meeting the off-street parking needs of any other use.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-204 Amount Of Off-Street Parking Required#

The minimum number of off-street parking spaces required to be provided and maintained for particular uses shall be as set forth in the following table, except as may be specifically provided to the contrary elsewhere in this chapter. Off-street parking spaces accessible to persons with disabilities shall be provided and maintained in accordance with the requirements of the Virginia Uniform Statewide Building Code. Such spaces shall be included in the calculation of total number of spaces required by this article.

Use Type Required Off-Street Spaces
1 Art gallery, library, museum
2 Auditoriums, assembly halls, community centers, dance halls, legitimate and motion picture theaters, amphitheatres, sports arena, stadium or gymnasium (both with and without fixed seats)
3 Automobile, truck, bus, boat, recreational vehicle or motorcycle sales or rental
4 Banking: Banks, savings and loan associations, credit unions
5 Combined drive thru and walk-in facilities
6 Drive-in
7 Bed & Breakfast
8 Bowling
9 Business and Professional Services (to include but not limited to): Advertising, consulting, photocopying, insurance, real estates, finance, bonding, collections and adjustments, attorney, architect, engineer
10 Churches, synagogues, temples and other places of worship, civic, fraternal, political, private, religious and social nonprivate organizations
11 Convalescent, nursing, rest homes and sanitariums
12 Convenience store - no gas
13 Education:
14 Preschool, day care center, nursery
15 Elementary, intermediate or junior high, private or public
16 High school or college or preparatory school, private or public
17 Funeral home, mortuary
18 Furniture/floor or wall covering store
19 Gasoline service station, tire and auto service center, automobile repair, other auto service functions
20 Golf club
21 Hardware/paint/home improvement store
22 Hotel and motel; tourist home
23 If, in addition to guest rooms, there are other uses located within or operated in conjunction with the hotel or motel, such as ballrooms, meeting rooms, dining areas and the like, additional parking, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the hotel or motel)
24 Machinery sales
25 Indoor
26 Outdoor
27 Manufacturing uses
28 Assembly, distribution, fabrication, packaging, bottling, canning, chemical, chipping, curing, cutting, electrical, extruding, milling, punching, stamping, thermal, research, development, testing
29 Medical:
30 Medical, dental, optometrists clinics/offices
31 Hospital
32 Postal
33 Window service
34 Mail handling station (no window service)
35 Residential uses:
36 Dwellings:
37 Single-family attached, detached; mobile homes
38 Residential uses within commercial buildings
39 Multifamily dwellings:
40 Efficiency with no bedroom
41 One-bedroom unit
42 Two-bedroom unit
43 Three or more bedroom unit
44 Elderly housing: where at least 90% of units are occupied by persons 60 years or more of age
45 Group quarters
46 Boarding, lodging or rooming houses
47 Retail or service commercial uses - individual, freestanding uses: (including but not limited to) bakeries; drug stores; beauty and barber shops; liquor stores; laundromats; photo studios; jewelry, gift, appliance and similar stores; personal service shops, grocery store
48 Restaurant:
49 Restaurant, night club, café, or similar establishment
50 Drive-in and fastfood restaurants
51 Roller skating
52 Shopping center
53 Swimming pool
54 Tennis courts
55 Veterinary, kennel
56 Wholesale, inventory sales, storage not otherwise classified
57 Use not specified

In an effort to establish a limit on the amount of impervious surfaces and to reduce the urban heat island effect, the maximum number of parking spaces allowed shall be 140% of the number of required parking spaces§ in the above table.

Exceeding maximum parking ratios. The planning director may approve parking spaces in excess of the maximum parking ratio, but only if the applicant has proven that the additional spaces are necessary for the normal operation of the business or organization.

HISTORY Adopted by Ord. 4-23-93 Paper Archive § 1 on 4/23/1993 Amended by Ord. 7-25-95 Paper Archive § 1 on 7/25/1995 Amended by Ord. 96-36 § 1 on 1/28/1997 Amended by Ord. 98-8 § 1 on 6/23/1998 Amended by Ord. 2007-3 on 3/20/2007 Amended by Ord. 2009-13 on 12/15/2009 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-205 Parking Of Trucks, Commercial Vehicles And Buses In Residential Districts#

Trucks, commercial vehicles, and buses of over twelve thousand (12,000) pounds gross vehicle weight§, except for purposes of making pickups or deliveries:

  • Shall not be parked on any private or public street in a residential district; and
  • Shall not be parked on private property in a residential district.

School buses may be parked in residential driveways.

For the purposes of this subsection, the following term has the meaning ascribed to it below:

Commercial vehicle includes: (i) any solid waste collection vehicle, tractor truck or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, towing and recovery vehicle with a registered gross weight of twelve thousand (12,000) pounds or more, and any heavy construction equipment, whether located on the highway or on a truck, trailer, or semitrailer; (ii) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold.

HISTORY Adopted by Ord. 3-9-04 Paper Archive § 1 on 3/9/2004 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-206 Exceptions From Off-Street Parking#

B-1, Central Business District or B-1D, Central Business District - Downtown. Any business which is otherwise permitted under ATC section 21-92 in the Central Business District B-1 or B-1D, Central Business District - Downtown and is under ten thousand (10,000) square feet of gross floor area shall be exempt from meeting the off-street parking requirements as is otherwise provided for in this article. For any business greater than ten thousand (10,000) square feet of gross floor area in the Central Business District B-1 or B-1D, Central Business District - Downtown, parking shall be provided in accordance with this article only for the portion of the business that exceeds ten thousand (10,000) square feet of gross floor area.

HE, Higher Education District. Within the Higher Education District HE, adjacent on-street parking spaces may be counted toward the required amount of off-street parking§ provided that the entire width of the street is zoned HE.

HISTORY Adopted by Ord. 2009-13 on 12/15/2009 Amended by Ord. 2011-08 on 2/21/2012 Amended by Ord. 2014-02 on 9/16/2014


Sec 21-206.1 Required Bicycle Parking#

Commercial retail centers greater than ten thousand (10,000) square feet and multi-family developments shall provide bicycle parking at the rate of one (1) bicycle parking space for every thirty (30) off-street parking spaces§. The maximum number of required bicycle parking spaces shall be fifteen (15).§

A bicycle rack, bicycle loops or other device as approved by the director shall be installed to secure bicycles within the bicycle parking area.

The bicycle parking area shall be located near or inside the main entrance of the primary structure.§

The location of the bicycle parking area when fully occupied shall not obstruct any pedestrian way and a five (5) foot wide pedestrian path shall be maintained at all times§.

A bicycle parking area may not be located in any minimum front, side or rear yard or landscape setback or buffer.§

HISTORY Adopted by Ord. 2011-08 on 2/21/2012

ARTICLE XIX#

OFF-STREET PARKING#


Sec 21-198 Definitions#

The following definitions shall apply to the sections of this article.

Corner lot. A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on streets.

Driveway. The primary improved or unimproved parking surface which provides egress and ingress from a garage, carport or off-street parking area to an adjacent street or alley.

Front yard. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.

Improved parking surface. An area used for the parking or storage of vehicles that is overlaid or otherwise paved with asphalt, concrete, paving stones, brick, gravel, pervious paving or other approved material (or material approved by the zoning administrator).

Setback. The minimum distance by which any building, structure or designated activity or use must be separated from the front lot line. Also referred to as "front yard."

Side yard. An open, unoccupied space on the same lot as a building between the side line of the building (excluding the steps) and the side line of the lot and extending from the front yard to the rear yard line.

Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway and shall include any automobile, bus, truck, tractor, motor house, farm machinery, motorcycles, scooters, mopeds, all-terrain vehicles, boats, aircraft, recreational vehicles, golf carts, go-carts, trailers, fifth wheel trailers, campers, camper shells, wheeled towing frames, semi-tractor trailers, truck beds mounted on chassis and mobile homes. This definition does not include non-motorized bicycles, small engine lawn mowers and devices of similar scale.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-198.1 Off-Street Parking And Loading Requirements#

Provision required. Every use or structure instituted, constructed, erected, enlarged or structurally altered after the effective date of this chapter shall provide off-street parking and loading facilities in accordance with the provisions of this article, except as otherwise provided for in this article.

Types of surfaces. Such off-street parking and loading facilities shall be asphalt, surface treatment, concrete, unit pavers or similar material approved by the zoning administrator, except for single-family detached or two-family detached dwellings which may be stone or gravel. Such off-street parking and loading facilities shall be maintained and continued as long as the principal use is continued.

Discontinuances, etc., without alternative facilities prohibited. No owner or operator of any structure affected by this article shall discontinue, change or dispense with the required parking and loading facilities without establishing alternative vehicular parking and loading facilities which meet the requirements of this article.

Compliance required. No person, firm or corporation shall utilize such structure or use without providing the off-street parking and loading facilities to meet the requirements of and be in compliance with this article.

Minimum dimensions. Each off-street parking space required by this article shall not be less than nine (9) feet in width and eighteen (18) feet in length§, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width and twenty-two (22) feet in length§. The width and length of parking spaces shall be measured perpendicular to one another so as to form a rectangle with dimensions as required herein. Parking spaces required to be accessible to persons with disabilities by the provisions of the Virginia Uniform Statewide Building Code shall comply with the requirements of that code.

Allowance for vehicle overhang area. Up to thirty (30) inches of the required length of off-street parking spaces may be provided as vehicle overhang area and need not be paved, provided that wheel stops are installed.§ Such overhang area shall be clear of any obstruction to vehicles utilizing the parking space and shall not encroach into any other parking space, access aisle, public right-of-way, adjacent property, pedestrian walkway or required yard within which parking is not permitted.

HISTORY Adopted by Ord. 98-8 § 1 on 6/23/1998 Amended by Ord. 2003-16 § C1 on 2/17/2004 Amended by Ord. 2009-13 on 12/15/2009 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-199 Location Of Off-Street Parking#

Off-street parking spaces required by this article shall be located on the same lot or parcel of land as the use they are intended to serve, except that off-street parking spaces required for uses other than dwelling uses may be located off the premises in accordance with the standards set forth in this section:

  1. Parking spaces shall be located in the same district as the use they are intended to serve, and shall be located within three hundred (300) feet by pedestrian route of a public entrance to the building occupied by the use they are intended to serve.§

  2. The property on which such parking spaces are located shall be held in fee simple ownership by the owner of the use they are intended to serve or by the owner of the property on which the use is located, or shall be subject to a lease that assures continued availability for parking to serve the use so long as such parking is needed to meet the requirements of this chapter. Such lease shall be for a term of not less than one year, and the form and terms of such lease shall be approved by the town attorney before zoning approval or a certificate of use and occupancy may be granted.

  3. At any time use of the property for parking purposes is to be discontinued, the zoning administrator shall be notified, by both the lessor and the lessee, in writing, a minimum of thirty (30) days prior to the discontinuance. Unless the parking spaces are no longer required by this chapter, such spaces shall be provided elsewhere in compliance with the provisions of this chapter.

  4. The area devoted to such parking spaces shall be provided with identification indicating the use for which the parking is required and, if applicable, the hours of its availability. In addition, the use for which such parking is provided shall contain notification, in a conspicuous manner on the premises of the use, of the availability and location of such parking spaces.

  5. A site plan as set forth in article XVII of this chapter shall be required for all such parking spaces and related vehicle access and maneuvering areas.

  6. In the HE district, parking spaces required to serve colleges and related educational, administrative, recreational and dormitory facilities, but not fraternity and sorority houses, may be located off the premises of such uses when in accordance with all of the standards set forth in this section, except such parking spaces may be located within six hundred (600) feet by pedestrian route of a public entrance to the building or to the use, if there is no building, that they are intended to serve.

HISTORY Adopted by Ord. 6-10-86 Paper Archive § 1 on 6/10/1986 Amended by Ord. 99-4 § 1 on 4/27/1999 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-199.1 Front Yard Parking#

All parking for single-family and two-family dwellings shall be provided so as to maintain a primarily residential appearance in front yards and to protect the quality and character of residential neighborhoods. Accordingly, areas used for parking and drives must be designed, located, and constructed to meet the standards of this section.

  1. Parking spaces and drives in front yards (i.e., the portion of the lot located between the side lot lines from the front building line of the principal building to the front lot line) must be clearly delineated, constructed and adequately maintained with a hard all-weather surface such as asphalt, concrete, brick, CABC (gravel), pervious paving or other approved material. Grass and bare earth areas are expressly prohibited.

  2. These requirements also apply to areas used for parking and drives on corner lots within the street side yard (between the principal structure and the side street right-of-way) that are unscreened and visible from a public street. The edge of all parking and drive areas within front and street side yards must be clearly delineated, with a physical edge that is maintained.

  3. No more than thirty percent (30%) of the front yard area (of a lot occupied by a detached single family dwelling or duplex) may be paved unless the zoning administrator grants an exception. Some examples of cases eligible for consideration of an exception are as follows:

    • The area is primarily used for vehicular drive and turnaround movements and not for the parking of vehicles.
    • The area required to meeting minimum off-street parking requirements and reasonable access drives would exceed thirty percent (30%) of the front yard area.
    • The lot is less than fifty (50) feet wide with a setback of less than twenty-five (25) feet, and zoning administrator determines it is infeasible limit paving to less than thirty percent (30%) of the front yard.
    • The topography, location of the dwelling or the existing development of adjoining areas prevents conformance.
    • A portion of the area is necessary to provide accessibility for disabled persons.
    • The existing all-weather surface currently exceeds thirty percent (30%) of the front yard and a portion of the all-weather surface is either designated as driveway only (or for a non-parking use) and/or physically restricted or barricaded from use as vehicle parking.
    • If no on-street parking is available.
    • A landscape plan is submitted and approved by the zoning administrator.
  4. Notwithstanding the nonconformity regulations of ATC chapter 21, Article XVIII, the requirements of this section apply to all existing and future required or proposed parking areas and drives.

HISTORY Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-200 Shared Parking#

The zoning administrator may authorize a reduction in the total number of required parking spaces for two (2) or more uses jointly providing off-street parking when their respective hours of peak operation do not overlap. Shared parking shall be allowable in all commercial and industrial zoned areas and subject to the following standards:

  1. Location. All uses that participate in a single shared parking plan shall be located on the same lot or on lots that share a common boundary. The shared parking lot shall be developed and used as though the uses on the lots were a single unit.

  2. Computation. The number of shared spaces for two (2) or more distinguishable land uses shall be determined by the following procedure:

    • Multiply the minimum parking required for each individual use, as set forth in Sec. 21-204, Amount of Off-Street Parking Required, by the appropriate percentage indicated in Table 21-1, Shared Parking Calculations, for each of the six (6) designated time periods.
    • Add the resulting sums for each of the six (6) columns.
    • The minimum parking requirement shall be the highest sum among the six (6) columns resulting from the above calculations.
    • Select the time period with the highest total parking requirement and use that total as the shared parking requirement.
    • Provide for no reduction in the number of spaces with disabilities.
    • Be reviewed and approved by the zoning administrator and the planning commission.
  3. Other uses. If one (1) or all of the land uses proposing to make use of shared parking facilities do not conform to the general land use classifications in Table 21-1, Shared Parking Calculations, as determined by the zoning administrator, then the applicant shall submit sufficient data to indicate the principal operating hours of the uses. Based upon this information, the zoning administrator shall determine the appropriate shared parking requirement, if any, for such uses.

  4. Alternative procedure. An application may be submitted requesting that the zoning administrator authorize a greater reduction in the total number of required parking spaces for two (2) or more uses where an applicant believes that Table 21-1, Shared Parking Calculations, does not adequately account for circumstances unique to the particular property or properties in question. The application shall include, at a minimum, a parking study with a detailed description of the proposed uses, their hours of operation, their anticipated peak parking demand, and anticipated hours that such peak parking demand would occur. Based upon information demonstrating that the peak parking demand for the uses in question would not coincide, the zoning administrator may authorize a greater parking reduction than is authorized by Table 21-1, Shared Parking Calculations. The zoning administrator may impose reasonable conditions to mitigate potential negative effects.

Table 21-1 Shared Parking Calculations#

General Land Use Classification Weekdays 2:00 a.m.–7:00 a.m. Weekdays 7:00 a.m.–6:00 p.m. Weekdays 6:00 p.m.–2:00 a.m. Weekends 2:00 a.m.–7:00 a.m. Weekends 7:00 a.m.–6:00 p.m. Weekends 6:00 p.m.–2:00 a.m.
Office 5% 100% 5% 0% 10% 0%
Retail sales and services 0% 90% 80% 0% 100% 60%
Restaurant (not 24 hour) 10% 70% 100% 20% 70% 100%
Residential 100% 60% 100% 100% 75% 90%
Theater 0% 40% 90% 0% 80% 100%
Hotel Guest Rooms 100% 55% 100% 100% 55% 100%
Restaurant/lounge 40% 66% 100% 50% 45% 100%
Conference rooms 0% 100% 100% 0% 100% 100%
Religious institution 0% 25% 50% 0% 100% 50%
Reception or meeting hall 0% 70% 90% 0% 70% 100%
Museum 0% 100% 80% 0% 100% 80%
School, grades K-12 20% 100% 25% 0% 30% 10%
  1. Agreement for shared parking plan. A shared parking plan shall be enforced through written agreement. An attested copy of the agreement between the owners of record shall be submitted to the administrator who shall forward a copy to the town attorney for review and approval. Proof of recordation of the agreement shall be presented to the administrator prior to issuance of a certificate of occupancy. The agreement shall:

    • List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;
    • Provide a legal description of the land;
    • Include a site plan showing the area of the parking parcel and the open space reserved area which would provide for future parking and any required storm water management facilities;
    • Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;
    • Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;
    • Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses;
    • Describe the obligations of each party, including the maintenance responsibility to retain and develop reserved open space for additional parking spaces if the need arises;
    • Incorporate the shared parking study by reference; and
    • Describe the method by which the covenant shall, if necessary, be revised.
  2. Change in use. Should any of the shared parking uses be changed, or should the Administrator find that any of the conditions described in the approved computations or parking plan no longer exist or if the administrator and planning commission determine that insufficient parking is an issue, the owner(s) shall have the option of submitting a revised shared parking computations and an amended shared parking agreement in accordance with the standards of this subsection or of providing the number of spaces required for each use as if computed separately. If the administrator determines that the revised shared parking computations or agreement does not satisfy the off-street parking needs of the proposed uses, the shared parking request shall be denied, and no certificates of occupancy shall be issued until the full number of off-street parking spaces is provided.

  3. When all of the provisions set forth in ATC section 21-199 of this article, except subsection (c), are met, up to fifty (50) percent of the required number of off-street parking spaces for churches and other places of worship may be provided by parking spaces required for or serving any other use which is not routinely open, used or operated during the same hours of the day or night as the activities for which the church related parking is used.

HISTORY Adopted by Ord. 99-4 § 1 on 4/27/1999 Amended by Ord. 2011-08 on 2/21/2012


Sec 21-206 Exceptions From Off-Street Parking#

Sec 21-206.1 Required Bicycle Parking#

HISTORY Adopted by Ord. 2011-08 on 2/21/2012 Amended by Ord. 98-8 on 6/23/1998 Amended by Ord. 2003-16 on 2/17/2004 Amended by Ord. 2009-13 on 12/15/2009 Amended by Ord. 99-4 on 4/27/1999 Amended by Ord. 96-36 Amended by Ord. 2007-3 Amended by Ord. 2014-02

Article XXIII. Off-Street Parking and Loading#

Sec 21-201 Landscaping, Trees, Buffers And Screening#

Landscaping, trees, buffers and screening within and adjacent to off-street parking areas shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY
Adopted by Ord. 3-23-93 Paper Archive § 1 on 3/23/1993
Amended by Ord. 2003-16 § C2 on 2/17/2004
Amended by Ord. 2011-08 on 2/21/2012


Sec 21-201.1 Lighting Standards#

Parking areas shall be provided with adequate lighting during the nondaylight hours when they are in use. All lighting within and adjacent to parking areas shall comply with the applicable provisions of ATC section 21-266.

HISTORY
Adopted by Ord. 3-23-93 Paper Archive § 1 on 3/23/1993
Amended by Ord. 99-4 § 1 on 4/27/1999
Amended by Ord. 2003-16 § C3 on 2/17/2004
Amended by Ord. 2011-08 on 2/21/2012


Sec 21-202 Delineating Parking Spaces#

Whenever four (4) or more parking spaces are provided, such spaces shall be laid out on the parking surface with paint or plastic stripping which shall provide a permanent delineation between spaces.§

HISTORY
Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-203 Calculating Number Of Off-Street Parking#

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Off-street parking facilities supplied to meet the needs of one use shall not be considered as meeting the off-street parking needs of any other use.

HISTORY
Adopted by Ord. 2011-08 on 2/21/2012


Sec 21-204 Amount Of Off-Street Parking Required#

The minimum number of off-street parking spaces required to be provided and maintained for particular uses shall be as set forth in the following table, except as may be specifically provided to the contrary elsewhere in this chapter. Off-street parking spaces accessible to persons with disabilities shall be provided and maintained in accordance with the requirements of the Virginia Uniform Statewide Building Code. Such spaces shall be included in the calculation of total number of spaces required by this article.

Use Type Required Off-Street Spaces
1 Art gallery, library, museum
2 Auditoriums, assembly halls, community centers, dance halls, legitimate and motion picture theaters, amphitheatres, sports arena, stadium or gymnasium (both with and without fixed seats)
3 Automobile, truck, bus, boat, recreational vehicle or motorcycle sales or rental
4 Banking: Banks, savings and loan associations, credit unions
5    Combined drive thru and walk-in facilities
6    Drive-in
7 Bed & Breakfast
8 Bowling
9 Business and Professional Services (to include but not limited to): Advertising, consulting, photocopying, insurance, real estates, finance, bonding, collections and adjustments, attorney, architect, engineer
10 Churches, synagogues, temples and other places of worship, civic, fraternal, political, private, religious and social nonprivate organizations
11 Convalescent, nursing, rest homes and sanitariums
12 Convenience store - no gas
13 Education:
14    Preschool, day care center, nursery
15    Elementary, intermediate or junior high, private or public
16    High school or college or preparatory school, private or public
17 Funeral home, mortuary
18 Furniture/floor or wall covering store
19 Gasoline service station, tire and auto service center, automobile repair, other auto service functions
20 Golf club
21 Hardware/paint/home improvement store
22 Hotel and motel; tourist home
23 If, in addition to guest rooms, there are other uses located within or operated in conjunction with the hotel or motel, such as ballrooms, meeting rooms, dining areas and the like, additional parking, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the hotel or motel)
24 Machinery sales
25    Indoor
26    Outdoor
27 Manufacturing uses
28    Assembly, distribution, fabrication, packaging, bottling, canning, chemical, chipping, curing, cutting, electrical, extruding, milling, punching, stamping, thermal, research, development, testing
29 Medical:
30    Medical, dental, optometrists clinics/offices
31    Hospital
32 Postal:
33    Window service
34    Mail handling station (no window service)
35 Residential uses:
36    Dwellings:
37       Single-family attached, detached; mobile homes
38       Residential uses within commercial buildings
39    Multifamily dwellings:
40       Efficiency with no bedroom
41       One-bedroom unit
42       Two-bedroom unit
43       Three or more bedroom unit
44    Elderly housing: where at least 90% of units are occupied by persons 60 years or more of age
45    Group quarters:
46       Boarding, lodging or rooming houses
47 Retail or service commercial uses - individual, freestanding uses: (including but not limited to) bakeries; drug stores; beauty and barber shops; liquor stores; laundromats; photo studios; jewelry, gift, appliance and similar stores; personal service shops, grocery store
48 Restaurant:
49    Restaurant, night club, café, or similar establishment
50    Drive-in and fastfood restaurants
51 Roller skating
52 Shopping center
53 Swimming pool
54 Tennis courts
55 Veterinary, kennel
56 Wholesale, inventory sales, storage not otherwise classified
57 Use not specified

In an effort to establish a limit on the amount of impervious surfaces and to reduce the urban heat island effect, the maximum number of parking spaces allowed shall be 140% of the number of required parking spaces in the above table.§

Exceeding maximum parking ratios. The planning director may approve parking spaces in excess of the maximum parking ratio, but only if the applicant has proven that the additional spaces are necessary for the normal operation of the business or organization.

HISTORY
Adopted by Ord. 4-23-93 Paper Archive § 1 on 4/23/1993
Amended by Ord. 7-25-95 Paper Archive § 1 on 7/25/1995
Amended by Ord. 96-36 § 1 on 1/28/1997
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2007-3 on 3/20/2007
Amended by Ord. 2009-13 on 12/15/2009
Amended by Ord. 2011-08 on 2/21/2012


Sec 21-205 Parking Of Trucks, Commercial Vehicles And Buses In Residential Districts#

Trucks, commercial vehicles, and buses of over twelve thousand (12,000) pounds gross vehicle weight, except for purposes of making pickups or deliveries:

  • Shall not be parked on any private or public street in a residential district; and
  • Shall not be parked on private property in a residential district.

School buses may be parked in residential driveways.

For the purposes of this subsection, the following term has the meaning ascribed to it below:

Commercial vehicle includes: (i) any solid waste collection vehicle, tractor truck or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, towing and recovery vehicle with a registered gross weight of twelve thousand (12,000) pounds or more, and any heavy construction equipment, whether located on the highway or on a truck, trailer, or semitrailer; (ii) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold.

HISTORY
Adopted by Ord. 3-9-04 Paper Archive § 1 on 3/9/2004
Amended by Ord. 2011-08 on 2/21/2012


Sec 21-206 Exceptions From Off-Street Parking#

B-1, Central Business District or B-1D, Central Business District - Downtown. Any business which is otherwise permitted under ATC section 21-92 in the Central Business District B-1 or B-1D, Central Business District - Downtown and is under ten thousand (10,000) square feet of gross floor area shall be exempt from meeting the off-street parking requirements as is otherwise provided for in this article.

For any business greater than ten thousand (10,000) square feet of gross floor area in the Central Business District B-1 or B-1D, Central Business District - Downtown, parking shall be provided in accordance with this article only for the portion of the business that exceeds ten thousand (10,000) square feet of gross floor area.

HE, Higher Education District. Within the Higher Education District HE, adjacent on-street parking spaces may be counted toward the required amount of off-street parking provided that the entire width of the street is zoned HE.§

HISTORY
Adopted by Ord. 2009-13 on 12/15/2009
Amended by Ord. 2011-08 on 2/21/2012
Amended by Ord. 2014-02 on 9/16/2014


Sec 21-206.1 Required Bicycle Parking#

Commercial retail centers greater than ten thousand (10,000) square feet and multi-family developments shall provide bicycle parking at the rate of one (1) bicycle parking space for every thirty (30) off-street parking spaces.§ The maximum number of required bicycle parking spaces shall be fifteen (15).§

A bicycle rack, bicycle loops or other device as approved by the director shall be installed to secure bicycles within the bicycle parking area.

The bicycle parking area shall be located near or inside the main entrance of the primary structure.§

The location of the bicycle parking area when fully occupied shall not obstruct any pedestrian way and a five (5) foot wide pedestrian path shall be maintained at all times.§

A bicycle parking area may not be located in any minimum front, side or rear yard or landscape setback or buffer.§

HISTORY
Adopted by Ord. 2011-08 on 2/21/2012