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HomeMy WebLinkAbout[08a] Parking AmendmentCr'r~' OF ti7: JO~KI'H MEETING DATE: AGENDA ITEM: SUBMITTED BY: Council Agenda Item 8 a November 5, 2009 Parking Amendment Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council requested staff review the Parking Ordinance and give a recommendation to the Council. BACKGROUND INFORMATION BUDGET/FISCAL IMPACT: See attached staff report ATTACHMENTS: Staff report REQUESTED COUNCIL ACTION: Provide direction to the staff ~l ~"-'~~ ~~ ~'` ~~~ STAFF REPORT -PARKING ORDINANCE CITY OF ST. JOSEPH SUBJECT: Parking Ordinance STAFF MEMBERS: Police Chief Pete Jansky, Public Works Director Terry Thene, City Engineer Randy Sabart, EDA Consultant Cynthia Smith-Strack, Building Official Ron Wasmund, Finance Director Lori Bartlett, Administrator Judy Weyrens REquEST: Upon the Police Department actively enforcing the parking regulations, in particular the 24 hour parking, the City Council requested staff review the parking Ordinance and bring a recommendation to the Council as to whether or not the Ordinance should be amended. DISCUSSION: The staff spent considerable time discussing the parking Ordinance which can be broken down into several components: 24 hour Darkine: The staff is indifferent as to whether or not the parking limit is 24 hours or 48 or 72 hours. The staff did agree that a specific time needs to be established and enforced. This is particularly true when in residential areas vehicles from one house are parking in front of a neighboring property. The City Office and Police Department both receive complaints about "why don't they park in front of their own house, we don' t have a place for our visitors, or we don't want to look at their vehicle everyday." Without having a limit it would be impossible to enforce who can park where and for how long and when. In reviewing area City Ordinances, this is a similar practice. Waite Park - 72 hours Bartell - 72 hours Sauk Rapids - 72 hours St. Cloud - 24 hours Parkins on Lawns: This is another area where we get numerous calls. Many people do not think that cars should be parked on the lawns as it takes away from the property values (their opinion). This led the staff to the discussion as to what is the normal expectation when living in a residential area. We concurred that a front yard is essential. One way to deal with this issue is to provide a minimum landscape/grass requirement in the front yards. For example, one solution could be a requirement that 50 percent of the front yard must be landscaped with grass or vegetative material. The Staff also discussed preparing a parking area standard that the Council could adopt as we adopt street sections. This policy would establish the depth of material that is needed for a parking pad. An adequate design would prevent grass and weeds from growing in the parking area. Another reason for the design standards is for our storm water permit. If residents are allowed to park on grass and dirt, the material will be carried into the streets and eventually into the storm sewer. We currently require construction sites to construct a rocked entrance to provide material from entering the streets. There was also some discussion on winter parking. Currently the Cities of Waite Park, Sauk Rapids and Sartell all have the same winter parking restrictions as St. Joseph. St. Cloud has a mix of no parking and odd/even. This is the most efficient manner in which to remove snow and have clean streets. Staff is recommending that the snow parking remain as written. RECOMMENDATION: The staff is recommending that the Council determine how many hours they would like the parking limited to and a proposed amendment will be drafted. Additionally the staff will be preparing an amendment for the parking on lawns to require a percent of lawn and then parking could occur in the front yard, but it would need to meet the design standards. No change is recommended to the winter parking regulations. CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES ORDINANCE 84 GENERAL PARKING ORDINANCE ..................................................... 84-1 Section 84.01: INTENT .................................................................................................. ..84-1 Section 84.02: DEFINITIONS ........................................................................................ ..84-1 Section 84.03: GENERAL PARKING ........................................................................... .. 84-2 Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT .................. .. 84-2 Section 84.05: SNOW SEASON PARKING ................................................................. .. 84-3 Section 84.06: OBSTRUCTION OF PRIVATE DRIVE ............................................... .. 84-3 Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK TRACTORS ............................................................................................ .. 84-4 Section 84.08: OFF STREET PARKING ....................................................................... .. 84-4 Section 84.09: PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES .................................................................................. 84-11 Section 84.10: PUBLIC PARK PARKING .................................................................... 84-11 Section 84.11: IMPOUNDMENT .................................................................................. 84-11 Section 84.12: OWNER'S RESPONSIBILITY .............................................................. 84-12 Section 84.13: REGISTERED OWNER ........................................................................ 84-12 Section 84.14: SEPARABILITY .................................................................................... 84-12 Section 84.15: PENALTY .............................................................................................. 84-12 84-0 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES ORDINANCE 84 GENERAL PARKING ORDINANCE Section 84.01: INTENT. The intent of this section of the zoning ordinance is to establish standards for parking in the City of St. Joseph in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where provided otherwise. Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall mean: Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by vehicle and so constructed that some part of its weight and some part of its load rests upon or is carried by another vehicle. Subd. 2: Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon another towing vehicle. Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or more. Subd. 4: Truck Tractor. Every 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. Subd. S: Street or Highway. The entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right or purpose of vehicular traffic. Subd. 6: Residents District. All that territory defined as either single family or residential or multiple residential district in the zoning ordinance for the City of St. Joseph. Subd. 7: Trailer Home and/or Mobile Home. Shall mean and include any structure used for sleeping, living, business or storage purposes, which is or has been equipped with wheels for the transportation thereof from place to place, and the fact that the wheels have been removed therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom, excepting a device used exclusively upon a railroad track operated by a railroad company. Subd. 8: Person. Shall include the singular and the plural, and shall mean and include any individual, corporation, partnership, or other association of persons. 84-1 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not specifically designated as a "trailer park" or "mobile home park". Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile home," or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof. Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of Minnesota, and approved by the City of St. Joseph. Subd. 12. Parkin S ace. Aland area of not less than 180 square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84.08, Subd. 5(d). Section 84.03: GENERAL PARKING. Subd. 1: Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a Police Officer for determining the length of time a vehicle, trailer or other object remained Subd. 3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street that traffic flows. Subd. 4. No vehicle shall park in an area that is not designated a street or alley. Specifically, no vehicle shall be parked on grass or other landscape material located off of a street or alley. Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT. Subd. 1: It is hereby established that the district known as a congested district within which the rules set forth in this section shall be enforced. The congested district shall include the following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and 84-2 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in the Original Townsite of the City of St. Joseph. Subd. 2: The City Council by resolution may establish "no truck parking" zones in the congested district and shall mark by appropriate signs any zones so established. No person shall park a commercial vehicle of more than one ton capacity on any street in any "no parking zone". Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone by the Chief of Police for the purpose of having access to abutting property when such access cannot be conveniently secured from an alley or from a side street where truck parking is not restricted. Subd. 3: The City Council by resolution may designate certain blocks within the city as 5 minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark by appropriate signs any zones so established. No person shall park any vehicle in any limited parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer than specified on signs marking that zone, or without the appropriate permit for "permit only" zones. Subd. 4: Upon application and payment of any applicable permit fees, the City Clerk/Administratorrnay issue a permit to park in permit only limited parking zones. All information requested in an application form prepared by the Clerk/Administrator shall be provided. Failure to provide information shall be considered grounds for denial of the permit. No more than five permits shall be issued per parking space. Each permit shall be valid for a period of one year from the date of issuance and shall be nontransferable. The City Council may, by resolution, establish permit fees in accordance with Section 14.4. Section 84.05: SNOW SEASON PARKING. Subd. 1: There shall be no parking on any City street from November 15 to April 1, during the hours of Z:00 o'clock A.M. and 7:00 o'clock A.M. Subd. 2: Any vehicles parked in violation of Section 84.03.1, which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense. Section 84.06: OBSTRUCTION OF PRIVATE DRIVE. Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or private roadway, or on a private driveway or private roadway, without the express or clearly implied consent of the owner of the private driveway or private roadway. Subd. 2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or roadway if the location of the parked vehicle: a) Blocks the driveway or roadway from use by other vehicles. 84-3 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES b) Significantly hinders or slows other vehicles attempting to pass the parked vehicle. c) Forces other vehicles to leave the main traveled portion of the driveway or roadway to pass the parked vehicle. Subd. 3: Vehicles parked in violation of this section are subject to immediate towing at the owner's expense. Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS TRUCKS AND TRUCK TRACTORS. Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck tractors, as defined in Section 84.02, in an area of the City zoned R-1, R-2, R-3, or R-4 is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare of such district by obstructing the view of streets and of private properties, bringing unhealthful and annoying odors and materials into the residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets, residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values in the neighborhood patterns. It shall be unlawful for any person owning, driving or in charge of a semi trailer, to park the same in a zoned district R-1, R-2, R-3, or R-4 within 100 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a refrigeration unit running to park the same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving or in charge of a truck tractor to park the same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. Subd. 2 : Cattle Truck Parkin. It shall be unlawful to leave standing upon any street or public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting livestock for a period exceeding one hour. Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the parking of trucks are not to be construed as exclusive, but rather as in addition to the parking restrictions which apply to all motor vehicles generally, as provided by herein or by state law. Section 84.08: OFF STREET PARKING. Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general standards for off-street parking in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 2: Scope of Parkins and Loading Requirements . 84-4 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES a) In all zoning districts, off street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the buildings or structures hereafter erected, altered or extended after the effective date of this Ordinance shall be provided and maintained as herein prescribed. Subd. 3: General Parking Provisions. a) Loading space shall not be construed as supplying off street parking space. Minimum parking dimensions shall meet the requirements of Section 52.10, Subd. SK. b) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, that fractional space shall be rounded up to the next highest whole number. c) Whenever a use requiring off street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. d) For the purpose of this section, "Floor Area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten (10) percent. e) Off street parking facilities for residential dwelling units shall be provided and located on the same lot or parcel of land as the building they are intended to serve. f) When off-street parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. g) Where a use is not specifically mentioned, off street parking requirements shall be the same as for similar use. h) In the B-1 and B-2 zoning districts on land which contains existing buildings, nothing in this section shall be construed to prevent collective provisions of off street parking facilities for two (2) or more buildings or uses provided, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table, and Subdivision 4 below, said buildings or uses are within 350 feet of the parking area. This provision allowing off-site parking shall only apply to land on which there is existing buildings. No off-site parking shall be allowed for businesses which are proposed for raw or unimproved land. 84-5 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES i) Nothing in this section shall prevent the extension of, or an addition to a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area. j) No curb cut access shall be located less than twenty (20) feet from the intersection of two (2) or more street right-of--ways for residential uses, and thirty (30) feet for commercial and industrial areas. This distance shall be measured from the intersection of lot lines. k) Curb cut openings shall be a minimum of five (5) feet from the side property line. 1) All properties shall be entitled to at least one (1) curb cut. Single-family uses shall be limited to one (1) curb cut access per property measuring no more than 24 feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper width on each side). m) Driveways in residential areas which abut a hard surface roadway must be constructed of a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit. Subd. 4: Required Off Street Parking. The amount of required off street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, except these requirements .shall not apply to uses in existing buildings within the Central Business District of St. Joseph. The amount of required off street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial or residential/rental use shall be determined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite of St. Joseph. a) Single family, two family non-rental residential units. Two (2) spaces per unit. b) Boarding house, rooming house, bed and breakfast, multiple family dwellin sand rental residential dwellines. One and one-half (1 2) spaces for each single- bedroom dwelling, two and one-half (2 2) spaces for each two-bedroom dwelling, 84-6 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES four (4) spaces for each three-bedroom dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as two bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall be rounded up to the next highest whole number. c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space for each employee on any shift. d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces per each bed. f) Medical, chiropractic, dental or hospital out patient clinics. One (I) space for each one hundred ten (110) square feet of net floor area or seven (7) spaces per doctor, whichever number of parking spaces is greater. g) Long Term Care Facilities, Assisted Living Centers Rest Homes and Retirement Homes. One (1) space for each two (2) beds for which accommodations are offered and one (1) for each employee on any shift. h) Elderly (senior citizen housing. One (1) space per unit. i) Drive in restaurant and convenience food. At least one (1) parking space for each thirty five (35) square feet of gross floor area, but not less than fifteen (15) spaces. j) Office buildings and professional offices other than medical chiropractic dental or hospital outpatient clinics. One (1) space for each two hundred fifty (250) square feet of floor area. k) Bowling alley. At least five (5) parking spaces for each alley, plus additional spaces as maybe required herein for related uses contained within the principal structure. 1) Automotive Service Station. At least four (4) off street parking spaces plus two (2) off street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. m) Retail store and service establishment. At least one (1) off street parking space for each three hundred (300) square feet of floor area. n) Retail sales and service business with fifty~50) percent of gross floor area devoted to storage, warehouses and/or industry. One (1) space for each three 84-7 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES hundred (300) square feet devoted to public sales and/or service plus one (1) space for each one thousand (1,000) square feet of storage area or one (1) space for each employee on the maximum shift which is appropriate. o) Restaurants and cafes. At least one (1) space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. p) Private clubs serving food and/or drinks, bars, taverns, ni htg clubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. r) Manufacturing, fabricating or processing of a product or material, warehouse, storage, handling or bulk oods,post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of floor area. s) Car wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self service. Three (3) spaces per bay for stacking purposes, plus a minimum of two (2) additional spaces. Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: a) These standards shall not be applicable to parking provided for single family or two family residences, public parks or other publicly owned property. Parking lot standards for industrial uses maybe subject to variance or modification by the conditional use permit for the specific industrial use. In considering a request for variance or modification, the City shall consider the location of the property, size of the parking area, use of the parking area, adjacent property uses and the impact on the general well being of the community. Alternative surfaces which maybe permitted in an industrial area are limited to Class 2 crushed granite which conforms to the requirements of MN/DOT specification 3138 with visual evidence of further consolidation. b) Parking lots existing on or before January 1,1996, do not have to be brought into compliance with these standards until such time as any of the following events occur. (a) a new structure is constructed on the property served by the parking 84-8 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES lot; (b) an addition is constructed to any existing structure located on the property served by the parking lot; (c) A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or variance. e) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. f) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to B-12 specifications shall be used for all automobile stops and for all drive and parking areas. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. i) All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet nor more than eight (8) feet in height. j) Except in the case of single-family, two-family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public street. k) Except in the cases ofsingle-family, two-family and townhouse developments, parking lot dimensions are set forth in the table below. Circulation patterns shall allow adequate room for emergency vehicles. 84-9 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES Angle and traffic flow Standard stall width Depth to wall Depth to interlock Aisle width Wall/wall module Interlock Module 90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0 75 deg 1-way 9' 18.5' 17.5' 22' S9' 57.0 60 deg 1-way 9' 18.0' 16.5' 18' S4' 51.0 Special designs will be considered for unique situations, and are subject to approval of the City Engineer. Handicap stalls shall be provided in accordance with current ADA requirements. Where bumpers overhang sidewalks, allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers maybe required. m) Striping. All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. o) Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Subd. 6: Required Loadin Berths. In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square feet or more, there shall be off street loading provided on the basis of the following: Gross Floor Area square feet 5,000 to 16,000 16,000 to 40,000 40,000 to 70,000 70,000 to 100,000 each additiona140,000 Minimum required loadin bg erths 1 2 3 4 1 additional 84-10 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet wide. Section 84.09: PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES. Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the parking of any trailer house or mobile home owned by him or under his control on any street, alley, or other public place or in any residential area, as above defined, within the City, except that the parking of only one unoccupied trailer house in an accessory private garage building or in the rear yard of any privately owned yard is hereby permitted provided no living quarters be maintained, or any business practiced at said trailer while such trailer is so parked or stored. Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be required to pay the current Minnesota State License fee or tax each year. Section 84.10: PUBLIC PARK PARKING. Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be restricted to their designated parking areas. In those parks where roadways extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain vehicles are to be considered motor vehicles. Section 84.11: IMPOUNDMENT. Any vehicle left parked or standing in violation of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded under this Ordinance or State law maybe claimed or recovered after payment to the towing authority of all towing and storage charges. The City, its agents and employees, shall not be responsible for any damage done during towing and impoundment under this Ordinance or State law. Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle at his or her last known address as shown by the records of the Department of Public Safety. If the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police shall publish at least once in the City's official newspaper notice of the impounding, the license number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type of vehicle impounded. Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at least twenty (20) days notice of such sale by publication in the City's official newspaper of the time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable 84-11 CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any other specifically identifying information, and the notice shall state to whom, if anyone, the records of the Department of Public Safety show the car belongs, and if the name of the owner is unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall send that person a copy of the published notice immediately after publication of the notice. The City shall credit any money it receives after the sale to the City's general fund. At any time within one (1) year after the sale, if the former owner of the vehicle which has been sold appears, upon application to the City Council and presentation of satisfactory proof that the person was the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the necessary expenses thereof, and less the towing, impounding storage charges and administrative fees as set forth in Subdivision 4. Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the City Police Department may release the vehicle to the respective party and the towing company impound lot shall then notify the City Police Department of the date and to whom the vehicle was released. Subd. 4: Towing_and Impound Fees. A towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City of St. Joseph and the duly designated garage owner, a true and correct copy of which shall be on file in the office of the City Clerk/Administrator for public inspection and reference, and the scheduled charges of the current contract is hereby made a part of this chapter as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges, an administrative fee, in an amount set by Resolution of the City Council, shall also be charged to the owner of any vehicle found to be in violation of this ordinance. The administrative fee shall be paid at the impound lot at the same time the towing fees are paid. Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of the registered owner as well as the act of the person actually parking the vehicle. Section 84,13: REGISTERED OWNER. For purposes of this ordinance, the registered owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It shall be a defense to any violation if the registered owner shows that on the date of the offense title to the vehicle has been transferred to another. Section 84.14: SEPARABILITY. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part, and if any section, provision or part thereof shall be declared invalid, this shall not affect any other section, provision or part. Section 84.15: PENALTY. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor. Ordinance 84 amended 12/06 84-12