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HomeMy Public PortalAbout1997_06_10_O017 The Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED2une 10~ 1997 97-0-17 ADOPTED June 10~ 1997 AMENDING SECTION 8A-5. GENERAL PARKING AND LOADING REVIEW STANDARDS OF THE LEESBURG ZONING ORDINANCE TO PERMIT GREATER FLEXIBILITY FOR PARKING REGULATIONS AND ENTRANCE DESIGN IN THE DOWNTOWN H-1 HISTORIC OVERLAY DISTRICT WHEREAS, on February 11, 1997, Council initiated and referred Resolution 97-28 to the Planning Commission for consideration; and WHEREAS, the proposed zoning ordinance text amendments would permit a reduction of parking requirements for non-residential uses in the R-HD and B-1 portions of the H-1 Historic Overlay District; provide for valet parking; and provide for increased flexibility to vary entrance/exit width in the H-1 District; and WHEREAS, on May 1, 1997, the Planning Commission held a public hearing on the proposed text amendments and forwarded to Council a recommendation to adopt Resolution 97-28, as modified; and WHEREAS, on May 27, 1997, Council held a public hearing on these proposed amendments; and WHEREAS, these amendments to the zoning ordinance serve the public interest by providing increased economic incentive for businessesto use and rehabilitate existing structures in the historic urban core of the Town, and are consistent with good zoning practice. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows: Section 8A-5. GENERAL PARKING AND LOADING REVIEW STANDARDS (2) Use and Parking and Loading Areas on Same Parcel; Exceptions. 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. a. Off-site Parking. The Planning Commission may authorize the utilization of off-site parking areas for uses within non-residential zoning districts and anywhere within the H-1 Overlay District, and may authorize valet parking for non-residential uses in the R- HD and B-1 Districts if the Commission determines that there are practical difficulties in satisfying the parking requirements on-site and/or that the public safety or conveniencewould 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. The off-site parking area shall be in the same possession as the principal use, either by deed, by 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 further provided that the owner shall be bound by recorded covenants requiring the owner and all subsequent owners, heirs, or assigns, to -2- ADOPTING AMENDMENTS TO LEESBURG ZONING ORDINANCEARTICLE 8 PARKING REGULATIONS AND ENTRANCE DESIGN IN THE DOWNTOWN H-1 OVERLAY DISTRICT maintain the required number of off-street parking spaces during the existence of the use to which the parking is appurtenant. Pedestrian access shall be available within a walking distance of 500 feet for non-residential uses and 300 feet for residential uses, mea~sured from the nearest entrance to the building to the nearest point of 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. o Such separated parking areas shall be usable without causing unreasonable traffic congestion, detriment to any residential neighborhood, or hazard to pedestrians. Valet parking - In addition to the conditions above, 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 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. Section 8A-5. GENERAL PARK1NG AND LOADING REVIEW STANDARDS (2) Use and Parking and Loading Areas on Same Parcel; Exceptions. c. Modification of Required Parking in the Downtown H-1 District. Building within 500 Feet of Municipal Parking Facility. Where an existing building or structure is used or rehabilitated for any non-residential use in the Downtown R-HD and B-1 Districts, 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. Building more than 500 Feet from Municipal Parking Facility. For buildings or structures used or rehabilitated for any non-residential use in the Downtown R-HD and B-1 Districts that lie more than 500 feet from a municipal parking lot, one-half (50 %) of the parking spaces required by Sectie, n 8A-8 of this Ordinance must be provided. The Land Development Official may authorize a further reduction of required on-site parking of up to one hundred percent (100%) of the spaces required by Section 8A-8 when deemed appropriate and necessary to facilitate the rehabilitation, reuse or expansion of an existing structure in the downtown H-1 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. o Building Addition. Where an addition is made to an existing building or structure in the Downtown R-HD and B-1 Districts for any non-.residentialuse, and said addition contains over 25% of the total floor area ,of the existing building or structure, then off-street parking spaces required by Section 8A-8 -3- ADOPTING AMENDMENTS TO LEESBURG ZONING ORDINANCE ARTICLE 8 PARKING REGULATIONS AND ENTRANCE DESIGN IN THE DOWNTOWN H-1 OVERLAY DISTRICT must be provided in full for the addition area unless modified by the Land Development Official as provided above. Demolition and Redevelopment. Where redevelopment of property in the Downtown R-HD and B-1 District involves demolition of existing buildings to create new building sites, then off-street parking spaces required by Section 8A-8 must be provided in full. Development of Vacant Land. Where previously vacant land is developed as non-residential uses in the Downtown R-HD and B-1 Districts, then off-street parking spaces required by Section 8A-8 must be provided in full. Section 8A-5. GENERAL PARKING AND LOADING REVIEW STANDARDS (3) 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 Public Facilities Manual,. except that the Land Development Official may authorize a narrower driveway entrance/exit wi dth for parking and loading areas within the H-1 overlay district when: ao The Director of Engineering and Public Works verifies in writing tlhat a narrower driveway entrance/exit is acceptable based on adequate sight distance and vehicle turning movement requirements in the particular case. b. Sufficient turning space is provided so that vehicles need riot back into a public street. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 10thdayof June ,1997. Clem, Mayor Town of Leesburg AT,~EST: Clerk of Council