HomeMy Public PortalAbout2006_10_11_O058
AN ORDINANCE: AMENDING AND REORDAINING Section 11.1 0 (ALTERNATIVE
LOADING PROVISIONS) of Article 11 (PARKING, LOADING AND
PEDESTRIAN ACCESS) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended.
Information on Proposed Ordinance
Title
An Ordinance amending and reordaining Section 11.10 (AL TERNA TIVE LOADING
PROVISIONS) of Article 11 (PARKING, LOADING AND PEDESTRIAN ACCESS) of the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
Summary
The proposed Ordinance revises the requirements for loading spaces.
Sponsor
Staff
Authority
Section 15.2-2280 of the Code of Virginia, 1950, as amended.
Estimated Cost of Implementation
Attachments in Addition to Proposed Ordinance
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The Town of
Leesburg,
Virginia
PRESENTED September 12,2006
ORDINANCE NO. 2006-0-58
ADOPTED October 11, 2006
AN ORDINANCE: AMENDING AND REORDAINING SECTION 11.1 0 (ALTERNATIVE
LOADING PROVISIONS) OF ARTICLE 11 (PARKING, LOADING
AND PEDESTRIAN ACCESS) OF THE ZONING ORDINANCE OF
THE TOWN OF LEES BURG, VIRGINIA, 2003, AS AMENDED.
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That Section 11.10 (ALTERNATIVE LOADING PROVISIONS) of
Article 11 (PARKING, LOADING AND PEDESTRIAN ACCESS) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and
reordained to read as follows:
11.10 Alternative Loading Provisions
11.10.1 LoadiBg ReEluiremeBts WithiB the H 1 Overlay Distriet
Loading requirements for uses v:ithin the H 1 Overlay District may be waiyed when the
Land Deyelopment Official determines in writing that the proposed use oan be adequately
served by an existing desigl'lated OB or off street loading faeility within elose proximity to
the proposed use.
11.10.!~ Shared Loading Facilities
Loading spaces may be provided cooperatively for two or more uses, subject to the
approval by the Zoning Administrator Land Deyelopment Official and approval of
appropriate legal instruments bv the Town Attornev to ensure the permanent availability
of off-street loading for all such uses. The overall number of loading spaces provided
may be reduced by the Planning Commission in those instances where it is demonstrated
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AN ORDINANCE: AMENDING AND REORDAINING SECTION 11.10 (AL TERNA TIVE
LOADING PROVISIONS) OF ARTICLE 11 (PARKING, LOADING
AND PEDESTRIAN ACCESS) OF THE ZONING ORDINANCE OF
THE TOWN OF LEES BURG, VIRGINIA, 2003, AS AMENDED.
that adjacent land uses can be adequately served by a shared loading facility. The Zoning
Administrator Land Development Offieial shall mal{e a reeommendation to the PlanniFlg
Commission regarding any saeh proposed reductioB in the number of required loading
spaces. The Plar.ning Commission is else authorized to require restrictions on the
use and hours of operation of any uses that share loading spaces.
11.10.2 Waiver/Modification of Loadine: Space Reauirements
When the use does not require that goods, merchandise, or equipment be routinely
delivered or shipped to or from the subiect 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 iustifying 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 facilities for an AASHTO SU Design Vehicle
when a WB-50 Design Vehicle space is required, the Zoning Administrator may modify
that requirement to permit the use of the SU Design Vehicle space. Any modification
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AN ORDINANCE: AMENDING AND REORDAINING SECTION 11.1 0 (ALTERNATIVE
LOADING PROVISIONS) OF ARTICLE 11 (PARKING, LOADING
AND PEDESTRIAN ACCESS) OF THE ZONING ORDINANCE OF
THE TOWN OF LEES BURG, VIRGINIA, 2003, AS AMENDED.
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.
SECTION II. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION III. If any provision of this Ordinance is declared invalid, the decision shall
not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance.
PASSED this 11th day of October 2006.
ATTEST:
tel t1~
lerk of Council
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