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HomeMy WebLinkAbout[06b-12] Ordinance 84:00 General Parking 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. 5: 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. Parking Space. A land 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). Subd. 13. Parking Pads. Improved areas on private property designed to accommodate p ar k ing of passenger vehicles, sport u tility vehicles, recreational vehicles, utility/boat trailers and similar items. 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 (21) hours seventy two (72) 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 parked. 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. 84 -2 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Subd. 5. Parking outside of driveway locations is only allowed on areas paved with a continuous impervious surface or an approved pervious surface contained by delineated edging and of sufficient depth and compaction to reasonably prohibit the growth of vegetation within or through said pervious surface on a continuous basis. Said parking is subject to standards contained in Section 52.10 of the St. Joseph Code of Ordinances. 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 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/Administrator may 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 2:00 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. 84 -3 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES 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. 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 commercial vehicles and /or equipment, 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. a) The provision of Subdivision 1 of this section will not apply to light trucks classified as 1/2 ton and 3/4 ton pickups, panels and sedans. Subd. 2 : Cattle Truck Parking. 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. 84 -4 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES 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. a -- _ ' -- '.: • _. • - -- .. _ • . - . that the community remains n at and attractive and that the value of real estate in thc City bc preserved. The regulations provided herein shall apply equally to all districts except where special his provide otherwise. • _ .. : • -- - '.. . . ... - ' . . -- - . • her ftcr erectcd, altered or extended after the effective date of this Ordinance °ha11 be provided and maintained as herein prcscribcd. Subd. 3: General Parking Provisions. Minimum parking dimensions shall meet the requirements of Section 52.10, Subd. 5K. rounded up to the next highest whole number. Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that usc. d) For the purpose of this section, "Fleer Area," in the case of . - , •• - - . - or service types of uses, shall m an the gross floor arca used or intended to bc ineluEling ar as occupied for fixtures and equipment used for display or sale of • . - located on the same let or parcel of land as thc building they are ;.,tended to �erve. ' • . . • in is required, it shall . . . . • . .. .. - . . - individual parking stalls appropriately stripcd. 84 -5 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES g) - here a use is not specifically mentioned -, off street parking requirements shall be the same as for similar use. - . ! - . .. - - • - • no thi ng i th;s section shall be construed to prevent collective provisions of off street parking facilities for two (2) or more buildings or uses provided, low, said buildings or uses are within 350 feet of the parking ar a. This provision allowing off site parking shall only -apply to land on which which are proposed for raw or unimproved land. or structure i n t o an cxisting parking ar which is required for the original j) No curb cut access shall be located less th • - ! - - - • - • - - - t 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 propertics shall be- entitled to at lest one (1) curb .. - _ - .. • . - . - •• : .. - curb cut access per property m asuring no more than 24 - • - - - :. • - - all include 18 foot width plus 3 foot taper width on each side). m) Driveways in residential ar as 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 concretc shall be profited except as-permitted in an industrial arca by special use permit. • -. - .. 4. ' . • - -- '. ., . - - - - - . . _ , • . - . - - - - . - . - - 'tions to existing buildings as specified previously, shall be determined in accordance with the following table, and the spacc so required • .. - • . . :arking and loading space, the length of visits generated by the particular 84 -6 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Central Business District shall be located within the foll • • • • • :... .. - : ' :: - - _ - - West of First Avenue Northeast; lying East of Second venue Northwest lying North of • - - - - - - ; . - : _ .. - . • c cast /west alley which is between Minnesota Street and • Ash-Street. The lots within the Central Business Distct arc: Lots 4, 5, and 11 through 15 of I• - - a) Sink family, twe family non rental residential units. Two (2) spaces per unit. rental residential dwellings. One and one . .. - - • . - . . .. . .. • .. - . .. • . • . • .. . • . .. - .. square feet shall be considered as two bedrooms for the purpose of determining - _ . _ for cach employee on any shift. based on the design capacity of the main -assembly hall. one hundred ten (110) square feet of net-floor arca or seven (7) spaces per doctor, . . . • arking spaces is gr ter. Homes. One (1) space for each two (2) beds for which accommodations are offercd and one (1) for . ch employee on any shift. h) Elderly (senior citizen) housing. One (1) space per unit. i) Drive in restaurant and convenience food. At - . .. _ .. - _. - thirty five (35) square feet of gross floor ar a, but not less than fifteen (15) spaces. e or hospital out patient clinics. One-(1) space for ach two hundred fifty (250) 84 -7 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES k) Bowling alley. At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure. • _ • I _ _ (2) off street parking spaces for each • - . . . - . • • - . _ : sections of this Ordinance. m) Retail store and servic-e establishment At 1 st o for ch three hundred (300) square feet of floor ar . • • _ • . a . . hundred (300) square feet devoted to public sales and /or service plus one (1) space for ach one thousand (1,000) square feet of storage arca or onc (1) space for cach employee on the maximum shift which is appropriate. o) Restaurants and cafes. At lc st onc (1) space for cac • - . • =. patrons, plus one (1) space fer each employee on the maximum shift. (1) space for each fifty (50) square feet of gross floor arc. q) Funeral home and Mortuary establishment . - ! : • • • : . • - maintained on the premises. - - • . (1) space for each two (2) employees on each shift based on maximum planned fcct of floor area. s) Car wash. (In addition terequired stacking space.) , serviced. Ten (10) spaces p ping purposes plus onc (1) space for ach employee on the maximum shift. 2. Self service. Thrce (3) spaces pc : . • .. - , : • . minimum-ef-two-(-2) additional spaces. -•• .. - - - .. : hall be constructed and maintained subjcct to the following regulations: 84 -8 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES a) T- ese standards shall not be applicable to : • - : - . . - - • • _ - - two family residences, public parks or other publicly own - : : - . - . ' . • - standards for industrial uses may 1 e subject to variancc or modification by the conditional usc permit for thc specific industrial use. In considering a request -for permittcd in an industrial ar arc limited to Class 2 crushcd granitc which cvidcnce of furthcr consolidation. compliance with thcse standards until such time as any of the following events occur. (a) a new structure is constructed on thc property served by thc parking : - - • . _ : ; c) A changc in usc of thc property scrvcd by the parking-lot occurs which results in a rcmodeling of the structure requiring thc issuance of a building permit. c) Adequate ingress an: . designed to drain and dispose of surface watcr. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial arca by special use permit or variancc. streets and sidewalks shall be provided and maintained. Concrete curbs to B 12 specifications shall bcused for all automobile stops and for all drive and parking areas. ' • . . - . . - . . tion is started. No such land shall be uscd for-parking-until approved by the Planning Commission. h) No sign shall be so locatcd as to restri • - • : • , : : - - . . . . . - movcmcnt within any parking area. Only signs necessary for thc orderly • • • • . _ • • . _ : - - , handicap parking). Such signs shall signagc regulations. 84 -9 CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES districts by a wall, fence er densely planted compact hedge or tree cover not less than fear (4) feet nor more than eight (-8-) feet in height. j) Except in thc case of single famil -y, two family, and townhouse developments, driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design do- - . .. • - .. _ . - - ... • street. allow adequate room for emergency vchicics. Angle and Standard Depth ate Aisle Wall /wall Inter-leek traffic flow stall width to wall interlock width ale Module 90 deg 2 way 9 17.5' 17.5' 26' 64 6 60 deg 2 way 9' 18.0' 4-675 26' 6 59.0 75 deg 1 way 9 4-875 17.5' 22' 59' 57.0 60 deg 1 way 9' 18.0' 16.5' 54 5114) Special designs will be considered for unique situations, and are subject to approval of the City Engineer. Handicap stalls shall be provided in sidewalks, allow 2.5 feet-of clearance for the overhang before considering 1) Drainage and Surfacing. Driveways sh - - - - .. _ .. : • . - • - - and all parking4ots except those for less than four (-1) vchicics shall be graded ==m Wiping. All lots for five (5) or morc vchicl- . - • - . _ • spaces painted on the surfacc according to the plan approved by thc City. n) Circulation. Lots shall be se designed that internal circulation shall be available without-utilizing the public Greet, principal use, uses or building to maintain in a neat and adequate manner, thc or-diffused-se as to reflect -the light away from the adjoining property and away from abutting traffic flow. 84 -10 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Subd. 6: Required Loading Berths. 13 connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or Gross Floor Ar Minimum required square feet loading berths 5,000 to 16,000 1 16,000 to 10,000 2 10,000 to 70,000 3 70,000 to 100,000 1 ch additional 40000 1 additional feet wide. Section 84.0908: 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 84.4 -009: 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 84.4410: 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 may be 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. 84 -11 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES 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 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 84.11: 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. 84 -12 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Section 84.1312: 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. I Section 84.4 -413: 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. I Section 84.1514: 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 -13