2008-20
ORDINA.NCE NO. 2008-20
A.N O~INA.NCE A.lVIENDING CIIA.PTE:R. 98. A.:R.TICLE IV. DIVISION 1.
SECTION 98-147 OF TIIE CODE OF TIIE CITY OF FA.I:R.FA.X. VI:R.GINIA..
PE:R.TA.INING TO PA.:R.K.ING OF COlVIlVIE:R.CIA.L VEIIICLES A.ND CE:R.TA.IN
NON-COlVIlVIE:R.CIA.L VEIIICLES IN :R.ESIDENTIA.L ZONES VVITIIIN TIIE CITY
OF FA.I:R.FA.X
BE IT ORDA.INED, by the City Council of the City of Fairfax, Virginia, that Chapter 98.
Article IV,. Division 1,. Section 98-147,. of the Code of the City of Fairfax", Virginia, is hereby
amended to read in its entirety as fol1ovvs:
CIIA.PTE:R. 98. A.:R.TICLE IV. STOPPING. STA.NDING A.ND PA.:R.KING.
DIVISION I. GENE:R.A.LLY
Sec't:ion 98-147. Parking of commercial vehicles and cert:ain non-commercial
vehicles in residen..t:ial 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) of this
section.
(b) No person shall park any noncommercial truck, van or other vehicle in any residential
zone unless such vehicle has a '-Vcight of less than 9,000 pounds except as provided for in
subsection (c) of this section.
(e) For each d'VVelling unit on any given premises v..rithin a residential zone, one commercial
vehicle of a V\.Teight of less than 9,000 pounds or one noncommercial vehicle of a vv-eight of
more than 9,000 pounds but less than 15,000 pounds or one commercial trailer may be
parked on a drive'VV"ay or other area provided for off-street parking on such premises. School
buses may be parked in residential areas only during school hours and for a period not to
exceed t'VVo 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 ofvv-ork or service in such residential area.
(d) For the purpose of this section the folloV\Ting definitions shall apply:
Commercial trailer: any trailer or semitrailer used or desig:ned for commercial pu.rposes,
including, but not limited to by vv-ay of illustration" any such trailer or semitrailer in/on
vv-hich food or beverages are stored and/or sold for commercial purposes, or used for
transporting landscaping or lavv-n-care equipment" vvhether or not such trailer or semitrailer is
attached to a.r1other vehicle.
Commercial vehicle:
any solid vv-aste collection vehicle" tractor truck or tractor truck/semi-trailer or tractor
truck/trailer combination, or
any dump truck or concrete mixer truck" or any tovv- truck vvith a registered gross
vveight of 12,000 pounds or more, or
any other heavy construction equipment, cranes, 'VV"ell digging apparatus or any other
heavy equipment, vv-hether located on the highvvay or on a truck, trailer, or
semitrailer" or
any truck or van in 'VV"hich food or beverages are stored a.r1d/or sold for commercial
purposes, or
any vehicle licensed for use as a comrn..on 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 'VV"ith a business or other
commercial venture (except bumper stickers, car dealer logos or other memento-type
items), or
. Any truck or other vehicle, including pick-up 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 pick-up trucks and vans, on which is 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 pick-up truck;
car top luggage carriers; hard shells or covers for pick-up 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 non-commercial 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 non-commercial 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 pick-up 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.
(Code 1978, ~ 13-35)
This ordinance shall become effective as provided by law.
INTRODUCED: September 9,2008
PUBLIC HEARING: September 23, 2008
ENACTED: September 23, 2008
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Date
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ATTEST:
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City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Aye
Aye
Aye
Aye
Aye
Absent