HomeMy WebLinkAboutOrdinance 868ORDINANCE NO. 868
BEING AN ORDINA/qCE AMEI~DING ORDINANCE NO. 853, CHAPTER 9,
ARTICLE IV, SECTION 16.4(20), CITY CODE OF 1977, RELATING
TO PARKING REQUIREMENTS
The City Council of the City of Columbia Heights does ordain:
Section 1.
Chapter 9, Article iV, Section 16.4(20), "Restaurant, Cafe, Bar, Tavern,
Night Club" of Ordinance No. 853, City Code of 1977, passed June 13,
1977, which reads as follows, to-wit:
"Restaurant~ Cafet_Bar, Tavern, Night Club: At least one (1)
space for each three (3) seats based on capacity design or
where there is no design layout, one (1) space for each thirty-
five (35) square feet of gross floor area.
is amended to read as follows, to-wit:
"Restaurantt Cafet Bar, Tavern, Night Club: At least one (1)
space for each three (3) seats based on capacity design or
where there is no design layout, one (I) space for each thirty-
five (35) square feet of gross floor area. Provided, however,
the City Council may by affiznnative vote grant a contractual
parking permit reducing the off-street parking requirement for
a structure existing on August 8, 1977 by not more than fifty'
percent (50%) of the parking spaces required in Section
16.4(20)(a) of this ordinance when the o~mer of the lot petitions
the City Council and the City Council finds at a hearing on such
petition that:
A. The proposed use designed at maximum capacity does not
warrant the strict parking requirements of this section; and
B. The reduction in required off-street parking spaces will
not cost an additional burden on other lots or on on-street
parking spaces; and
C. The lot size is not large enough to allow the highest and
best use of the property without such contractual parking per-
mit; and
D. The use of the property does not include the sale of intoxi-
cating liquors; and
E. Petitioner has filed an application not less than thirty (30)
days before said hearing, and has paid a permit fee set by Resolu-
tion of the Council; in the absence of a Resolution setting such
fee, the application fee shall be $300.00; and
F. The petitioner is the owner of good and marketable title to
all of the property to which the contractual parking permit
would apply. Ownership of the property shall be determined
by the City Attorney based upon an abstract of title or regis-
tered property abstract certified to the current date and sup-
plied to the City Attorney at petitioner's expense no later than
fifteen (15) days prior to the hearing on the petition.
G. If the petition is granted by the City Council, the con-
tractual parking permit may be issued only after the following
condition~ have been met:
(1) The owner or owners and all lienhoiders of record shall
join in executing the contractual parking permit which
document shall be in a fo~nn recordable in the office of
the Anoka County Recorder. The document shall provide
that the rights therein granted to the petitioner by the
City Council are not transferable or assignable to the
petitioner's heirs, successors or assigns, to any other
person, persons, businesses, corporations or to any
other entity or entities. The document shall specify
that the contractual parking permit shall be valid only
for the exact use of the property specified in the permit
and that the permit shall be void in the event th~ usc
of the property is changed or intensified regardless of
the amount of off-street parking required for the changed
or intensified use. Such document shall be in the form of
a covenant running with the real property affected thereby.
(2)
Uses permitted by a contractual parking permit shall not
constitute non-conforming uses within the meaning of the
Columbia Heights Zoning Code.
(3)
A contractual parking permit may be discharged by the
owner of the property by written notice which shall be
in a form recordable in the office of the Anoka County
Recorder and which form shall be properly executed by
the owner or owners and all lienholders of record and
delivered to the City Clerk.
The contractual parking permit shall lapse upon the use
of the property affected for purposes of serving alco-
holic beverages.
(5)
Upon the contractual parking permit becoming invalid, dis-
charged, or lapsing hereunder, the property affected
thereby shall be subject to the strict provisions of the
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Section 2.
City Code, excepting this Section 16.4(20), and violations
of such strict provisions shall subject persons violating
to the criminal sanctions therein contained.
(6) The covenant referred to herein shall contain provisions
allowing the City to enter upon the property in case of
violations for the purpose of enforcing the strict provi-
sions of the City Code and to allow the City to obtain
such legal and equitable relief as a Court of competent
Jurisdiction may provide. The covenant shall further pro-
vide that the said o~er or o~ers executing the contract
shall pay all attorneys' fees, court costs, and administra-
tive fees incurred by the City in the enforcement of the
covenant.
(7) Any covenant entered into hereunder and any contractual
p~rking permit issued hereunder shall automatically ex-
pire twenty-five (25) years after the date of filing of
the said covenant in the office of the County Recorder.
This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading: Au§ust 23, 1977
Second reading: Novembe~ 15, ]977
Date of passage: November 15, 1977
Offered by:
Seconded by:
Roll call:
Heintz
Logacz
Logacz, Heintz, Hentges, Nawrocki
Norberg - Nay
Bruce G. Nawrocki, Mayor
Secretary
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