2011-02 ORDINANCE NO. 2011 -02
AN ORDINANCE AMENDING CHAPTER 98, ARTICLE IV, SECTION 98 -147 OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO PARKING
OF COMMERCIAL VEHICLES AND CERTAIN NONCOMMERCIAL VEHICLES
IN RESIDENTIAL ZONES
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98,
Article IV, Section 98 -147 of the Code of the City of Fairfax, Virginia, pertaining to parking
of commercial vehicles and certain noncommercial vehicles in residential zones, is hereby
amended, as follows:
Sec. 98 -147. Parking of commercial vehicles and certain noncommercial vehicles in
residential zones
(a) No person shall park any commercial bus, commercial truck, commercial van or other
commercial vehicle in any residential zone, except as provided for in subsection (c).
(b) No person shall park any noncommercial truck, van or other vehicle in any residential
zone unless such vehicle has a weight of less than 9,000 pounds except as provided for in
subsection (c).
(c) For each dwelling unit on any given premises within a residential zone, one commercial
vehicle of a weight of less than 9,000 pounds or one noncommercial vehicle of a weight of
more than 9,000 pounds but less than 15,000 pounds or one commercial trailer may be parked
on a driveway or other area provided for off - street parking on such premises. For each
dwellin• unit on an •iven .remises within a residential zone that does not have dedicated
off - street •arkin•_i.e. a drivewa or other location for off - street parkin• whether at or in
reasonable •roximit to the •remises_ the cit mana•er ma upon written re uest of the
roperty owner or resident of the subiect property. Grant an exemption to the provisions of
this section. If ap'roved such exem tion shall permit one 1) commercial vehicle per
as •licable ro•ert and owned b the owner or resident of said •ro•ert to be parked on the
street alon• the fronta•e of said •ro•ert _provided: i the commercial vehicle complies with
the wei • ht standards set forth in this subsection and an other re uirements of law: ii the
commercial vehicle complies with an permit conditions imposed by the city manager and
iii an exemption permit issued b the cit is dis•la ed on or in the commercial vehicle in
•lain si•ht as re•uired under the terms of the permit. School buses may be parked in
residential areas only during school hours and for a period not to exceed two hours. This
section shall not apply to commercial vehicles, or trucks, vans or other vehicles picking up or
discharging passengers or merchandise pursuant to the performance of work or service in such
residential area.
(d) For the purpose of this section the following definitions shall apply:
Commercial trailer. Any trailer or semitrailer used or designed for commercial purposes,
including, but not limited to by way of illustration, any such trailer or semitrailer in/on which
food or beverages are stored and /or sold for commercial purposes, or used for transporting
landscaping or lawn -care equipment, whether or not such trailer or semitrailer is attached to
another vehicle.
Commercial vehicle.:
• Any solid waste collection vehicle, tractor truck or tractor truck/semi- trailer or tractor
truck/trailer combination, or
• Any dump truck or concrete mixer truck, or any tow truck with a registered gross weight of
12,000 pounds or more, or
• Any other heavy construction equipment, cranes, well digging apparatus or any other heavy
equipment, whether located on the highway or on a truck, trailer, or semitrailer, or
• Any truck or van in which food or beverages are stored and /or sold for commercial
purposes, or
• Any vehicle licensed for use as a common or contract carrier or as a limousine, or
• Any vehicle displaying the name of a business or other commercial venture, or displaying
advertising or other graphics associated with a business or other commercial venture (except
bumper stickers, car dealer logos or other memento -type items), or
• Any truck or other vehicle, including pickup trucks, on which is mounted or carried
construction or commercial equipment, including but not limited to welders, compressors,
blowers or other mechanical equipment, or
• Any truck or other vehicle, including pickup trucks and vans, on which are mounted or
carried racks with construction materials or commercial equipment. Specifically exempt are
racks designed for sports and other recreational equipment such as kayaks, bicycles, etc; tool
or gear boxes mounted within the bed of a pickup truck; car top luggage carriers; hard shells
or covers for pickup truck beds, or
• Any van which lacks side windows (other than front driver and front passenger windows),
commonly referred to as a panel van.
An otherwise noncommercial vehicle under this section shall not be considered a commercial
vehicle merely by the presence of construction or commercial equipment that is completely
contained within the vehicle. The term "contained with the vehicle" does not include the use
of tarps, sheeting, or other temporary covers or containers. An otherwise noncommercial
vehicle under this section shall not be considered a commercial vehicle merely by the
presence of power or other hand tools being transported in the bed of a pickup truck for
personal use and not regularly stored on the truck.
Residential zone. Shall include any road, street, highway or driveway located in or bordered
by residentially zoned property and shall also include any lot whether vacant or improved by
structures located in a residential zone.
Weight. Shall mean the gross weight as registered with the state department of motor vehicles
or similar agency of the state licensing such vehicles, or if such gross weight is not so
registered, the gross weight as indicated by the manufacturer's specifications for such vehicle,
if available, or if such manufacturer's specifications are not available, then the empty weight
of the vehicle as registered with the state department of motor vehicles or similar agency of
the state licensing such vehicles; provided, however, that if such empty weight exceeds the
maximum weight permitted for any vehicle under the provisions of this section, then the city
shall be under no obligation to inquire or to investigate as to the gross weight as indicated by
the manufacturer's specifications.
All other terms not expressly defined in this section shall be as defined in Code of Virginia,
tit. 46.2.
This ordinance shall become effective as provided by law.
INTIATED: October 12, 2010
PUBLIC HEARING: January 11, 2011
ENACTED: January 11, 2011
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
Votes
Councilwoman Cross Nay
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Schmidt Nay
Councilman Stombres Aye