Parking Restrictions Summary
The Fairfax Station HOA is concerned with three parking situations within the community; parking on Common Drives, parking on Private Property, and parking on Public Residential Streets. Each of these is restricted differently
Parking on Common Drives
Parking on Common Drives is governed by the Fairfax Station HOA Declaration of Covenants, Conditions & Restrictions, Article VIII (Common Driveways), Section 2 (Restrictions).
“Section 2(a) Common Driveways shall be used for the purpose of ingress and egress to the Affected Lots served by the individual Ingress and Egress Easements, for governmental and other emergency ingress and egress, and for construction and maintenance of utilities.”
“Section 2(b) No act shall be performed by any Member, their tenants, guests or agents which would in any manner affect or jeopardize the free and continuous use and enjoyment of any other authorized Member in and to the Common Driveway or an Affected Lot.”
“Section 2(c) There shall be no parking within a Common Driveway at any time except for delivery and/or emergency vehicles, unless all Owners of Affected Lots pertaining thereto shall agree upon other parking limitations.”
Parking on Private Property
Parking on Private Property within the HOA is governed by the Fairfax Station Declaration of Covenants, Conditions & Restrictions, Article VI (Restrictive Covenants), Section 12.
“No junk vehicle, house trailer, or commercial vehicles, such as, but not limited to, moving vans, trucks, tractors, trailers, wreckers, hearses, compressors, concrete mixers or buses, shall be kept on any Lot. No storage of boats, boating equipment, travel trailers, camping equipment, or recreational vehicles shall be visible from the street. The location and design of enclosures for boating, camping, traveling (other than automobiles) and related equipment shall be approved by the Architectural Review Board as required under Paragraph 9 herein.” Over the years the HOA Board has interpreted street to mean “any public road or Common Drive.
For purposes of Article VI, Section 12, a junk vehicle is defined as an inoperative motor vehicle, trailer or semitrailer. Inoperative means any motor vehicle, trailer or semitrailer; a) which is not in operating condition; or b) which does not bear a current license plate; or c) which does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than sixty (60) days. Ref. Chapter 110-2-1 of the Fairfax County Code.
For purposes of Article VI, Section12, a commercial vehicle is defined as: Any vehicle with a rated carrying capacity of 1500 pounds (3/4 ton) or more, and any vehicle, regardless of capacity, which displays advertising lettered thereon or which is licensed as a “for hire” vehicle. Ref. Section 20-300 of the Fairfax County Zoning Ordinance. While Fairfax County Zoning Ordinance Section 10-102, item 16, permits “Parking of one (1) commercial vehicle per dwelling unit in an R district” under certain conditions, we have been advised by the Zoning Administration Division that this applies only if the Covenants of the HOA are less restrictive that the County Ordinance. A HOA Covenant that is more restrictive than the County Ordinance takes precedence, which is our case.
Over the years the HOA Board has interpreted storage as being for a period greater than 48 hours. This allows for the temporary, short term parking of the named vehicle types immediately preceding or following their use by homeowners.
Parking on Public Residential Streets
On February 23, 2010 the Board of Supervisors approved the Springfield Community Parking District (CPD), as requested by County Supervisor Pat Herrity. The geographical area for this CPD is the entire Springfield Magisterial District. Community Parking District means any district established by the Board of Supervisors for the purpose of prohibiting the parking of restricted vehicles in residentially zoned areas.
Restricted Vehicle means:
Watercraft; Boat trailer; Motor home; Camping trailer or any other trailer or semi-trailer, regardless of whether such trailer or semi-trailer is attached to another vehicle; Any vehicle with three (3) or more axles; Any vehicle that has a gross vehicle weight rating of 12,000 or more pounds except school buses used on a current and regular basis to transport students; Any vehicle designed to transport 16 or more passengers including the driver, except school buses used on a current and regular basis to transport students; and Any vehicle of any size that is being used in the transportation of hazardous materials as defined in Virginia Code § 46.2-341.4.
Commercial vehicles when discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location; Utility generators located on trailers and being used to power network facilities during a loss of commercial power; or Restricted vehicles temporarily parked on a public street for a maximum of 48 hours for the purpose of loading, unloading, or preparing for a trip.
(Ref. Fairfax County Code, Chapter 82, Article 5b)
In addition to the restrictions established by the CPD, other more general restrictions apply.
The regulation of parking on public residential streets is the responsibility of Fairfax County, as granted by the State of Virginia.
Parking prohibited in specified places.
(a) No person shall park a vehicle, except when necessary to avoid a conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:
(Ref. Fairfax County Code, Chapter 82, Article 5, Section 1.)
Parking commercial vehicles in residential districts.
(a) No person shall park any motor vehicle, trailer or semitrailer on or adjacent to the highways of the County when such person parks any such motor vehicle, trailer or semitrailer for commercial purposes. The provisions of this subsection shall not apply to (1) any commercial vehicle when picking up or discharging passengers or (2) utility generators located on trailers and being used to power network facilities during a loss of commercial power.
(b) No person shall park any commercial vehicle on the highways of the County in areas zoned for residential use. However, one resident of each single-family dwelling unit zoned for residential use may park one vehicle licensed and registered in the Commonwealth of Virginia as a taxicab or limousine on such highways, provided other vehicles are permitted to park thereon, and the provisions of this Subsection do not apply to a commercial vehicle when picking up or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location. For the purposes of this Subsection, the following terms have the meanings ascribed to them below:
“Commercial Vehicle” means: (1) any solid waste collection vehicle, tractor truck or tractor truck/semitrailer or tractor truck/trailer combination, dump truck, concrete mixer truck, towing and recovery vehicle with a registered gross weight of 12,000 pounds or more, and any heavy construction equipment, whether located on the highway or on a truck, trailer, or semitrailer; (2) any trailer, semitrailer, or other vehicle in which food or beverages are stored or sold; (3) any trailer or semitrailer used for transporting landscaping or lawn-care equipment whether or not such trailer or semitrailer is attached to another vehicle; (4) any vehicle licensed for use as a common or contract carrier or as a limousine; (5) any vehicle more than twenty-one (21) feet in length or more than eight (8) feet in height including appurtenances attached to the vehicle, or with a width of 102 inches or more, or with a gross weight of 12,000 or more pounds other than: commercial vehicles used by a public service company, as defined in Section 56-1 or by others working on its behalf; watercraft and motor homes; school buses used on a current and regular basis to transport students; clearly marked privately owned vehicles displaying accessible parking placards or license plates, not for hire, driven by or used for transport of persons with disabilities; commercial vehicles used in the provision of cable television service as defined in Section 15.2-2108.1; moving vehicles, within 48 hours of execution of the leasing contract; commercial vehicles used in the provision of propane gas service; (6) any vehicle carrying commercial freight in plain view; (7) any trailer or semitrailer except those designed to be used as a camper trailer or boat trailer or a single axle utility trailer, regardless of whether such trailer or semitrailer is attached to another vehicle; or (8) any vehicle with three or more axles.
(Ref. Fairfax County Code, Chapter 82, Article 5, Section 7.)
Parking without proper license and registration.
It shall be unlawful for any person to park on any highway any vehicle not displaying a current state motor vehicle license and a current motor vehicle safety inspection sticker issued by a state designated official inspection station.
(Ref. Fairfax County Code, Chapter 82, Article 5, Section 26.)