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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 1 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 2 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 3 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 4