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HomeMy Public PortalAbout512 Ordinance Amending the Code of Ordinances Section 335 and 828 Related to Parking StandardsCITY OF MEDINA ORDINANCE NO.512 An Ordinance Amending the Code of Ordinances Sections 335 and 828 Related to Parking Standards The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 335 is amended by deleting the stricken material and adding the underlined material as follows: ,Section 335.-2-3Q1. Purpose. It is the purpose of this ordinance to aesthetically improve residential areas within the City of Medina and to protect the health, safety and welfare of the residential population within the City of Medina, it being determined by the Council of the City of Medina that the parking of commercial vehicles within residential areas is a nuisance. Section 335. 03. Definitions. Subd. 1. Agriculture - An activity or occupation concerned with farming, cultivating land, raising crops, and the feeding, breeding, and raising of livestock; excluding activities primarily involving lawn care and landscaping. Subd. 2 Commercial Vehicle _ pas eAny truck, truck - tractor, semi -trailer, farm tractor, road tractor, bus, custom service vehicle or wrecker used in any business having a gross vehicle weight of 9,00012,000 pounds or more. ceeti,.., z35Ali Subd. 3. Truck = is defined as eEvery motor vehicle designed, used or maintained primarily for transportation of property. s, etio„ 33c,nc. Subd. 4. Truck -Tractor = is defined as eEvery motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Section 335.07. Subd. 5. Semi -Trailer = is defined as eEvery vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Ordinance No. 512 1 October 18, 2011 Scctien 335.f9.Subd. 6. Farm Tractor = is defined as eEvery motor vehicle designed and used primarily as a farm implement for drawing plows, mowing -machines, and other implements of husbandry. Section 335.1 . Subd. 7. Road Tractor = is defined as eEvery motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Section 335.13. Subd. 8. Bus = is defined as eEvery motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation. Section 335.15. Subd. 9. Custom Service Vehicle = is defined as aAny vehicle used as well -drilling machine, wood -sawing machine, cement mixer, rock crusher, road grader, ditch digger, or elevating grader, and similar service equipment. Section 335.17. Subd. 10. Wrecker _ is defined as aA motor vehicle having a gross vehicle weight of 8,000 pounds or more, equipped with a crane and winch and further equipped to control the movement of the towed vehicle. any street which is built upon with structures devoted primarily to dwelling houses. Subd. 11. Rural Areas - Property within the city which is undeveloped or developed for residential use at rural densities and which is not served by the public sanitary sewer or water supply systems. Subd. 12. Urban Areas - Property within the city which is served by the public sanitary sewer or water supply systems. Section 335.2405. Parking is defined as the stopping of a commercial vehicle for longer than tip e minutes four hours excepting therefrom the parking of a commercial vehicle for purposes of delivery or pick up of chattels or persons pursuant to any business for which said motor vehicle is legally used. Section 335.-2,507. Parking U-In Urban Areas. It is unlawful, and punishable as a misdemeanor, to park a commercial vehicle in a residential Urban aArea for more than four hours without a permit. Section 335. 09. Parking In Rural Areas. It is unlawful, and punishable as a misdemeanor, to park a commercial vehicle in a residential Rural Area for more than four hours without a permit, with the exception of Farm Tractors and equipment used in conjunction with Agriculture. Ordinance No. 512 2 October 18, 2011 SECTION II: Medina Code Section 828.03 is amended by deleting the stricken material and adding the underlined material as follows: Section 828.03. Exterior Storage. Subd.1. In residential districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently (within a period of thirty days) being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises;_off street parking of passenger automobiles and pick up trucks. Boats and unoccupied trailers, lex, than twenty (20) feet in length, arc permissible if stored in the rear yard more than ten (10) feet from the property line. Existing uses shall comply with SECTION III: Medina Code Section 828.21 is amended by deleting the stricken material as follows: Subd. 1. As regulated herein, recreational vehicles may be parked on agricultural or residential property in the city, provided, however, that no recr ational vehicle may be used as a temporary or permanent human living quarters, except as provided in this, section. For the purposes of this section, the term recreational vehicle includes campers or trailers of the type generally used temporarily as living quarters or for business purpose trailers, horse trailers and fish houses. Subd. 2. No recreational vehicle may be parked on any land outside of an approved trailer park or an approved sales lot, except that a recreational vehicle may be parked on agricultural or residential property in compliance with the following conditions: (a) the vehicle may not exceed 35 feet in length; (b) the vehicle must be operable and currently licensed; (c) the vehicle must be parked in a garage or other building or in the rear or side yard no closer than 10 feet to the lot line; (d) the vehicle must comply with all applicable parking regulations and utilize only the (e) the vehicle may not be used for business purposes; and Ordinance No. 512 3 October 18, 2011 (f) the vehicle may not'' ea rn,.':.,:ag ^ a-*^rs^ ept p';,,,,^� *'' thi- section. In addition, there may not be more than one camper or trailer of the type generally used temporarily as living quarters parked on any lot or parcel at one time. Subd. 3. A recreational vehicle owned by a non resident, guest, or visitor may be parked or occupied by said guest or visitor on property on which a permanent dwelling unit is located for a period not to exceed thirty (30) days while visiting the resident of said property. The recreational vehiclem, t-lia ^ s^'f^ ntainea fti4 ,.., faeil ies standard on site facilities as required by the city building official/sanitarian. Subd. 4. The Zoning Administrator may authorize a permit for a recreational vehicle for construction project that is underway, provided, however, that a duly authorized and valid building permit must have been approved by the community building official for the building being constructed. The term of said temporary period may not exceed one hundred twenty (120) days or upon completion of construction of the residential home in question, whichever comes first. The Zoning Administrator may attach such conditions and obligations to the issuance of the temporary permit as he or she deems necessary to protect the health, safety, and general welfare of the citizens of the community. SECTION IV: Medina Code Section 828.51 is amended by deleting the stricken material and adding the underlined material as follows: Section 828.51. Off -Street Parking �eeutien Standards. All accessory off street parking facilities required herein shall be located as follows: (a) Spaces accessory to one and two family dwellings on the same lot as the principal use served. (b) Spaces accessory to multiple family dwellings on the same lot as the principal use served or within two hundred (200) feet of the main entrance to the principal i ui1E inn s oa (c) Spaces accessory to uses located in a business, within eight hundred (800) feet of a main entrance to the principal building served. (d) There shall be no off street parking space within the accessory building setback area required in each district. Ordinance No. 512 4 October 18, 2011 (a) Parking spaces. Each parking space shall not be less than nine (9) feet wide and twenty (20) feet in length exclusive of an adequately designed system of access drives. (b) Control of off street parking facilities. When required, accessory off street parking facilities are provided elsewhere than on the lot in which the principal use served is located they shall be in the same ownership or control, either by deed or long term lease, as the property occupied by such principal use, and tho owner of the principal , o slia l ffle eost ble ,a,,, onie„t w tt, the C- t., Council requiring the owner and his or her heirs and assigns to maintain the required number of off street spaces during the existence of said principal use. (c) Use of parking area. Required off street parking space in any District shall not be inoperable or for sale or for rent. Subd. 31. Design and Maintenance of Off -Street Parking Areas. (a) Parking Space Size. The minimum dimensions for off-street parking spaces, exclusive of access drives, drive aisles, ramps, or columns, shall not be less than 9' wide and 19' deep except as provided for in Table 1, Minimum Parking Space and Aisle Dimensions, and Paragraphs (c) and (d) below. Table 1: Minimum Off -Street Parking Space and Aisle Dimensions Parking Angle Stall Width Stall Depth 1 Way Aisle 2 Way Aisle Width Width 0° (Parallel) 91 22' 12' 22' 302 9° 19' 12' -- 452 E 19' 14' -- fiv 9' 19' 18' -- 902 9' 19' -- 22' (b) For off-street parking areas, the city may require twenty-four (24) feet of width for primary drive aisles and twenty-two (22) feet of width for secondary drive aisles. (c) Parking for compact cars. (i) A maximum of 20 percent of required off-street spaces may be designed and reserved for small or compact cars. (ii) Compact spaces shall not be permitted in any building designed to be used for residential purposes or in parking lots of less than 40 parking spaces. Ordinance No. 512 5 October 18, 2011 (iii) Compact parking spaces shall have minimum dimensions of 8' wide and 16' deep. (iv) Compact stalls shall not have generally preferential locations such that their use by non -compact cars will be encouraged. (v) Signs and markings, as approved by the city, shall be placed and maintained for compact car spaces. (d) The minimum square foota_e ref uired for residential two car ara • es shall be 440 square feet. (a)(e) Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such access shall not exceed twenty two (22) feet in width and -shall be se located as -to cause the leastminimize interference with traffic movement. (134)(f) No signs shall be located in any parking area except as necessary for orderly operation of traffic movement and such signs shall not be a part of the permitted advertising space. (c) Parking shall meet the building setbacks of each district, except that in commercial or industrial districts parking areas may be located not less than 25 feet from a front o rcc' "J an earth berm a minimum of four feet in height. (6) cars or more is located adjacent to a Residential District, a fence of adequate design, not over five (5) feet in height nor less than four (I) feet in height shall be erected along the Residential District property line. (e)(g) Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and/or building to maintain, in a neat and adequate manner, the parking space, access ways, landscaping and required fences. (I)(h) Asphalt or concrete surface for parking and driveway areas shall be required in all commercial and industrial districts. Porous asphalt or other similar pervious material suitable for use in Minnesota shall be encouraged. Parking areas for infrequent parking such as for special events or for fewer than 20 times per year, may use grasscrete or similar materials or techniques to be in conformance with this provision. Such materials shall not be considered impervious if at least 50 percent is exposed grass or similar landscaping. Ordinance No. 512 6 October 18, 2011 (-g) i) Access driveways leading to loading docks and trash collection areas shall be constructed to a minimum nine ton capacity. (j) To the extent practicable, dead end drive aisles shall not be permitted. (k) To the extent practicable, traffic moving from one part of a parking area to another shall be capable of doing so without using a public street or ally. (1) Fire lanes shall have a clear aisle width of not less than 24 feet. Adequate turning radii shall be provided at fire lane corners to allow emergency vehicles to turn in one maneuver without interference from obstructions. (m) Parking lots shall comply with City of Medina engineering standards. ,hall be limited to the use of the residents of those homes. Except for short term parking (six (6) hours or less) and guest parking, the number of vehicles parked on or in front of a having automobile driver's licenses. Subd. 52. Off -Street Spaces Required iOne spae—eguu}s--388—sg . The following are the minimum number of parking spaces required for each use. However, in all commercial and industrial districts no use shall be provided fewer than four parking spaces. (a) One and Two-family Two (2) spaces per residences dwelling unit_ (b) Multiple Dwellings and Two (2) spaces per dwelling unit, which may Townhomes include enclosed spaces; plus the greater of 2 spaces or .25 spaces per unit of guest parking. (c) Churches Religious One (1) space for each tlifee four seats or for each Institutions, Theaters, five (5) feet of pew length based upon maximum design capacity.; plus additional parking for Auditoriums, and other places of assembly. accessory uses and facilities as prescribed by this Ordinance. (d) Business and Professional Offices One (1) space for each 400 two hundred fifty 250 square feet of gross floor space. (e) Medical and Dental Clinics Five (5) doctor dentist, spaces per or plus one (1) for One for space each employee. (1 s lace each 250 square feet of gross floor space. (0 Hotel or Motel One (1) space per rental unit plus one (1) space for each employee on largest workshift. Ordinance No. 512 October 18, 2011 7 (g) Schools: Grade schools, At least for four (1) ene-(-1-)parlcing space each based design (1) elementary schools, middle students on capacity, plus one edelitienal-two 2 spaces for each classroom school, 'unior hi . school o ri ^ o f r e^,a, o .,te« ne (h) Schools: High School At least one (1) space for each six (6) students plus one (1) space for each classroom. (i) Vocational or business At least one (1) space for each three (3) schools students at maximum capacity plus one (1) space for each classroom. (-10 (j) Hospitals At least for three one (1) pang space each (3) two (2) hospital beds, plus one (1) space for each four than doctors, (1) employees, other plus one ^ o rnr r staff ( parking eas si flen+ and deetentwo hundred fifty (250) square feet of office space. (i) Driw-in-Feed Establishments At lwst for fifteen (15) one (1) parking space each v,irciding a o sqtxam-feet-e-fieer--spanezir-a rl]on df atie -E9 lac Bowling Alleys At least five (5) pafking spaces for each alley, be required for plus additional spaces as may felatea o el ^ estat want one (1) space per five (5 seats of accessory facilities, plus one (1) additional space for each employee on largest workshift. (le) 0) Automobile Service Stations At least two (2) one (1) off street parking spaces for each five hundred (500) square feet gross floor area; plus four (1) one (1) off street parking spaces for each service stall. Such spaces shall be in addition to spaces required for gas pump areas. (1) (m) Retail Store Sales and At least one (1) off street parking space for each „o l,nnel fik two hundred fifty Service e (-1-58250) square feet gross floor area up to 10,000 square feet; plus at least one (1) space for each three hundred (300) square feet gross floor area in excess of 10,000 square feet. ( ) ( )i Restaurants, Drive- through At least one (1) space for each three (3) seats based on capacity design including outdoor Food Establishments, Cafes, Bars, Taverns, Night Clubs seating areas; plus at least five (5) stacking spaces for drive -through operations. Ordinance No. 512 October 18, 2011 8 (o) Health Club (Includes, but At least one (1) space for each two hundred fifty not limited to dance, martial (250) square feet gross floor area. arts, and yoga studios.) (ft) W Funeral Homes Sufficient off-street parking shall be required to accommodate the maximum number of guests expected to be in attendance at a funeral home at any given time. The number of required spaces be determined by the shall Cite Council after due consideration is given to the expected parking needs of the funeral home. (o) Lq) Industrial, Warehouse, Storage, Handling of Bulk Goods At least one space for each employee on largest workshift or one space for each two thousand square feet of gross floor area, whichever is larger. El)) (r) Uses not specifically noted As determined by the City Council following review by the Planning Commission. Subd. 3. General Provisions. (a) Location. Required off-street parking spaces must be located on the same lot as the principal use, unless shared parking or off -site parking is approved for the use. (b) Control of off-street parking facilities. When accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served by such facilities is located, they shall be under the same ownership or control, either by deed, perpetual easement or long-term lease, as the property occupied by such principal use. The right to use said parking facilities shall be provided by means of an instrument acceptable to the city recorded against the properties requiring the owner of the principal use and the owner's heirs, successors and assigns to maintain the required number of off-street spaces during the existence of said principal use. (c) Use of parking area. Required off-street parking spaces shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent except as provided for in Section 828.03 of the city code. (d) Parking Structures. Except as otherwise approved by the city, off-street parking structures shall be designed in compliance with the applicable requirements of this section. Subd. 4. Calculation of required parking. (a) Principal and Multiple Uses. Ordinance No. 512 9 October 18, 2011 (ii) When there are two or more separate principal uses on a site, the required parking for the site is the sum of the required or allowed parking for the individual principal uses. (iii) When there are principal and accessory uses on a site, the required parking for the site is the sum of the required or allowed parking for the principal and accessory uses. (b) When calculating the number of required off-street parking spaces fractional results shall constitute another space. (c) Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times, if approved by the City. (i) For joint use of required nonresidential parking spaces, the following documentation shall be submitted in writing as part of a building or zoning permit application or land use review: (1) The names and addresses of the uses and of the owners or tenants that are sharing the parking; (2) The location and number of parking spaces that are being shared; (3) An analysis showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and (4) A legal instrument acceptable to the city that guarantees access to the parking for each use. (ii) Dissolution. (1) Dissolution of the _joint use parking agreement shall require a recalculation of required off-street parking spaces in accordance with this Ordinance. (2) Upon dissolution, the city may require the construction of additional parking spaces deemed necessary to meet the minimum off-street parking requirements for each use. (iii) As a condition of anyioint use parking agreement, the city may reauire compliance with all or part of Subd. 5 of this section. Ordinance No. 512 10 October 18, 2011 (d) Change of Use. Any change of use or occupancy of any building or buildings, including additions or intensifications thereto, shall be required to provide the minimum number of off-street parking spaces in accordance with this section. The city may require the construction or provision of the minimum required parking spaces, and prohibit said change of use until such time that minimum required off-street parking is provided. (e) Parking Reduction. A waiver may be granted by the city to reduce the required number of parking spaces. Parking reduction waivers shall be recorded with a legal instrument acceptable to the city. A waiver may be granted where it can be demonstrated that such reduction is justified due to: (i) factors having an impact on parking demand and capacity; (ii) the achievement of other competing city objectives including, but not limited to, preservation of unique or historic buildings, preservation of community character, tree or natural resource preservation; or (iii) unique or extenuating circumstances unforeseen by this ordinance. Subd. 5. Proof of Parking. (a) The city may reduce the amount of parking spaces required to be constructed provided that the property owner supplies proof of parking, which can be constructed if deemed necessary by the city. A proof of parking reduction may be granted provided each of the following conditions are met: (i) A minimum of 30 parking spaces are provided; (ii) a parking plan, drawn to scale for the property, is submitted with the site plan which indicates that the site is capable of complying with the total parking requirements stated above and with the parking lot design to the standards required by this Ordinance; (iii) the proof of parking area is defined as that portion of the site which is not paved, but is suitably landscaped and is capable of containing the amount of parking equal to the difference between the area of paved parking to be provided and the area of parking required to meet the requirements of this Ordinance. For purposes of calculating impervious surface, such area shall be considered impervious; (iv) the proof of parking area shall be prepared for the construction of future parking to the extent required by the city. This may include grading, construction of necessary stormwater management practices, and other preparations as required by the City; Ordinance No. 512 11 October 18, 2011 (v) the proof of parking area shall be clearly delineated on the parking plan for the site; and (vi) the proof of parking area is not used to satisfy any other landscaping, setback, or other requirement of this Ordinance and is not located in an area occupied by a building. (b) Agreement Required. The property owner shall enter into a legal instrument with the city, in a form acceptable to the city, related to the requirements and provisions of the proof of parking. Such instrument shall be recorded against the property. (c) Construction of proof of parkin • . The cit ma at its sole discretion re e uire that the proof of parking area, or portions thereof, be constructed in a way that meets the requirements of this section. (i) Notification: The city shall notify the property owner of the requirement to construct the required parking, upon which the property owner shall apply for a permit to expand the parking area within 180 days. (ii) Appeal. The property owner may appeal the requirement to the city council. An appeal shall be provided in writing no later than ten days from the date of the notice. (iii) Failure to Construct. If the property owner does not construct the required parking expansion within one year of notification, the city may enter the property and perform the work. The amount incurred by the city in performing such work, including reasonable associated administrative costs, shall be invoiced to the property owner. If such invoice is not paid within 30 days, the city may certify such costs to the county for collection with the property taxes. Subd. 6. Off -Street Parking Restrictions in Residential Areas. (a) Exterior marking in all residential areas served bypublic sewer or water systems shall be prohibited in any portion of the property except designated driveways leading directly into a garage or one (1) open surfaced s 9 ace. Said s mace must be surfaced with concrete, bituminous, or other paving material. (b) Recreational Vehicle Parking. Boats, fish houses, house trailers, camnina trailers utility trailers, and motor homes must comply with the parking requirements of paragraph (a) of this subdivision, and may not be parked, stored, or otherwise maintained on residential property except as provided below: (i) the vehicle may not exceed 35 feet in length; (ii) the vehicle must be operable and currently licensed; Ordinance No. 512 12 October 18, 2011 (iii) the vehicle must be parked in a garage, or other building, or on a parking space, in the rear or side yard no closer than 10 feet to the lot line; (iv) the vehicle must comply with all applicable parking regulations and utilize only the existing driveway or access point to the site: and (v) the vehicle may not be used for business purposes. (c) Commercial Vehicle Parking. Parking of commercial vehicles in residential areas shall conform with the requirements of Section 335 of the city code. Subd. 7. Off -Street Bicycle and Motorcycle Parking. Provisions shall be made for the off-street parking of bicycles and motorcycles in all multiple family and non- residential developments and uses. Plans for such facilities shall be reviewed and evaluated on an individual project or use basis as part of site plan review provisions of Section 825.55 of this Chapter. Subd. 8. Pedestrian Ways and Trails. Off-street parking areas shall provide pedestrian access between the building, parking lot, and sidewalk. Parking layout shall be designed such that parking areas do not intrude on pedestrian access or impact accessibility. SECTION V: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this 18th day of October, 2011. By: f T.M. Crosby, Jr., a or ATTEST: By: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this 28t1i day of October, 2011. Ordinance No. 512 13 October 18, 2011