HomeMy WebLinkAboutOrdinance 1058 ORDINANCE NO. 1058
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING
TO PARKING SPACES
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 9.116(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which
reads as follows, to wit:
9.116(4) Required Off Street Parking
(a) Calculating Spaces: When determining the number of off street parking spaces required
results in a fraction, each fraction of one half or more shall constitute another space.
(b) Garage or Carport: A garage or carport shall be considered a parking space. However, a
building permit shall not be granted to convert a garage or carport to living space unless
other acceptable provisions are made to provide the required parking space.
(c) Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage.
(d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which
shall be a garage.
(e) Rooming House: At least two (2) parking spaces for each three (3) persons for which
accommodations are provided for sleeping.
(f) Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District,
1.5 in the R-4 District, and one in all "B" Districts, one of which shall be a garage.
(g) Hotel: At least one parking space for each rental court provided in the design of the
building.
(h) Motel: At least one space for each dwelling unit or lodging room, plus one additional
space for each eight units.
(i) School, Elementary and Junior High: At least one parking space for each class room plus
one additional space for each 300 student capacity.
(j) School, High School through College: At least one parking space for each seven students
based on the design capacity, plus one additional space for each two class rooms.
(k) Church, Clubs: At least one parking space for each three and one half seats based on the
design capacity of the main assembly hall.
(1) Theatre, Ballfield, Stadium: At least one parking space for each eight seats of design
capacity.
(m) Hospital: At least one and one half parking spaces for each patient bed.
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
Sanitarium, Convalescent Home, Rest Home, Nursing Home, or Institution: At least one
parking space for each six beds for which accommodations are offered, plus one
additional space for each fifteen beds.
Medical or Dental Clinic or Veterinary Office: At least three parking spaces for each
staff doctor or dentist according to design capacity.
Prepared Food Establishments: At least one parking space for each fifteen square feet of
gross floor area in building except an area equal to four square feet for each seat
provided.
Prepared Food Delivery Establishment: At least one parking space for each 180 square
feet of gross floor area in building of the Prepared Food Delivery Establishment as such
establishment is defmed in Section 9.103(63).
Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as
may be required herein for related uses such as a restaurant.
Motor Fuel Stations: At least six (6) parking spaces plus two (2) off street parking spaces
for each service stall.
Retail Store or Service Shop: At least one off street parking space for each two hundred
square feet of floor area (net).
Restaurants, Caf6, Bar, Tavern, Night Club: At least one space for each three seats based
on capacity design or where there is no design layout, one space for each thirty five
square feet of gross floor area. Provided, however, the City Council may by affirmative
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 9.116(4) of this Ordinance when the owner of the lot petitions
the City Council and the City Council finds at a hearing on such petition that:
(i)
The proposed use designed at maximum capacity does not warrant the strict
parking requirements of this section; and
(ii)
The reduction in required off street parking spaces will not cost an additional
burden on other lots or on on-street parking spaces; and
(iii)
The lot size is not large enough to allow the highest and best use of the property
without such contractual parking permit; and
(iv) The use of the property does not include the sale of intoxicating liquors; and
(v)
Petitioner has filed an application not less than thirty (30) days before said
hearing and has paid a permit fee set by Resolution of the Council; in the
absence of a Resolution setting such fee, the application fee shall be $300; and
(vi)
(vii)
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
registered property abstract certified to the current date and supplied to the City
Attorney at petitioner's expense no later than fifteen (15) days prior to the
hearing on the petition.
If the petition is granted by the City Council, the contractual parking permit may
be issued only after the following conditions have been met:
1)
The owner(s) and all lien holders of record shall join in executing the
contractual parking permit which document shall be in a form 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 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 the use 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 lien holders or record and
delivered to the City Clerk.
4)
The contractual parking permit shall lapse upon the use of the property
affected for purposes of serving alcoholic beverages.
5)
Upon the contractual parking permit becoming invalid, discharged, or
lapsing hereunder, the property affected thereby shall be subje[t to the
strict provisions of the City Code, excepting this Section 9.116(4)(0, 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 provisions 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 provide that the
said owner or owners executing the contract shall pay all attorney's fees,
court costs, and administrative fees incurred by the City in the
enforcement of the covenant.
7)
Any covenant entered into hereunder and any contractual parking permit
issued hereunder shall automatically expire twenty-five (25) years after
the date of filing of the said covenant in the office of the County
Recorder.
(v)
Banks, Offices and/or Public Office Buildings: At least one parking space for each two
hundred (200) square feet up to 6,000 square feet of floor area (net) plus one parking
space for each two hun&ed fifty (250) square feet over 6,000 square feet (net).
(w)
Undertaking Establishments: One parking space for each five seats or thirty five square
feet of seating area where there are no fixed seats, plus one parking space for each two
hundred fifty (250) square feet of floor area not used for seating.
(x)
Furniture Store, Appliance Store, Wholesale and Warehouse: At least one parking space
for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus
one parking space for each 1,000 square feet over 6,000 square feet.
(Y)
Open sales lots, Lumber yards, Auto sales: One parking space for each two thousand
square feet of land up to the first eight thousand square feet plus one parking space for
each four thousand square feet of land up to a parcel of 24,000 square feet plus one
parking space for six thousand square feet thereafter.
(z)
Auto Repair, Boat and Marina Sales, Garden Store, Trade Service Shops: Four parking
spaces plus one for each eight hundred square feet of floor area over the first 1,000
square feet.
(aa)
Skate, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas and Other Recreation
Centers: Ten parking spaces plus one additional space for each two hundred square feet
of floor area (net).
(bb)
Manufacturing, Fabricating, or Processing of a Product or Material: Four off-street
parking spaces plus one for each four hundred square feet of floor area (gross).
Shall hereafter read as follows, to wit:
9.116(4)
Required Off Street Parking
(a)
Calculating Spaces: When determining the number of off street parking spaces required
results in a fraction, each fraction of one half or more shall constitute another space.
Co)
Garage or Carport: A garage or carport shall be considered a parking space. However, a
building permit shall not be granted to convert a garage or carport to living space unless
other acceptable provisions are made to provide the required parking space.
(c) Single Family Dwelling: At least two parking spaces, one of which shall be a garage.
(d)
(e)
Two Family Dwelling: At least two parking spaces per dwelling unit, one of which shall
be a garage.
Rooming House: At least two parking spaces for each three (3) persons for which
accommodations are provided for sleeping.
(0
(g)
(h)
(i)
O)
(1)
(m)
(n)
(o)
(p)
(q)
Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District,
1.5 in the R-4 District, and one in all "B" Districts, one of which shall be a garage.
Hotel: At least one parking space for each rental court provided in the design of the
building.
Motel: At least one space for each dwelling unit or lodging room, plus one additional
space for each eight units.
School, Elementary and Junior High: At least one parking space for each class room plus
one additional space for each 300 student capacity.
High Schools: At least one parking space for each seven students based upon design
capacity, plus one additional space for every two classrooms.
Vocational Schools, Colleges, and Other Post Secondary Schools: At least one parking
space for every two and one eighth students based upon actual enrollment. Actual
student enrollment for purposes of this section is the greatest number of students which
the school has enrolled for attendance at any one time provided that all students
accommodated at other times or in other shifts shall also be included for the purpose of
determining actual student enrollment under this section if classes for a prior or
subsequent time or shift begin or end within one and one half hours of the time when the
greatest number is enrolled provided however that the number of parking spaces hall
never be less than that stated in Section 9.116 (4) (j) (11).
Church, Clubs: At least one parking space for each three and one half seats based on the
design capacity of the main assembly hall.
Theatre, Ballfield, Stadium: At least one parking space for each eight (8) seats of design
capacity.
Hospital: At least one and one half parking spaces for each patient bed.
Sanitarium, Convalescent Home, Rest Home, Nursing Home, or Institution: At least one
parking space for each six beds for which accommodations are offered, plus one
additional space for each fifteen (15) beds.
Medical or Dental Clinic or Veterinary Office: At least three parking spaces for each
staff doctor or dentist according to design capacity.
Prepared Food Establishment: At least one parking space for each fifteen square feet of
gross floor area in building except an area equal to four (4) square feet for each seat
provided.
Prepared Food Delivery Establishment: At least one parking space for each 180 square
feet of gross floor area in building of the Prepared Food Delivery Establishment as such
establishment is defined in Section 9.103(63).
(r)
(s)
(t)
(u)
Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as
may be required herein for related uses such as a restaurant.
Motor Fuel Stations: At least six parking spaces plus two off street parking spaces for
each service stall.
Retail Store or Service Shop: At least one off street parking space for each two hundred
square feet of floor area (net).
Restaurant, Caf6, Bar, Tavern, Night Club: At least one space for each three seats based
on capacity design or where there is no design layout, one space for each thirty five (35)
square feet of gross floor area. Provided, however, the City Council may by affirmative
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 9.116 (4) of this Ordinance when the owner of the lot
petitions the City Council and the City Council finds at a hearing on such petition that:
(i)
The proposed use designed at maximum capacity does not warrant the strict
parking requirements of this section; and
(ii)
(iii)
The reduction in required off street parking spaces will not cost an additional
burden on other lots or on on street parking spaces; and
The lot size is not large enough to allow the highest and best use of the property
without such contractual parking permit; and
(iv) The use of the property does not include the sale of intoxicating liquors; and
Petitioner has filed an application not less than thirty (30) days before said
hearing and has paid a permit fee set by Resolution of the Council; in the
absence of a Resolution setting such fee, the application fee shall be $300; and
(vi)
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
registered property abstract certified to the current date and supplied to the City
Attorney at petitioner's expense no later than fifteen (15) days prior to the
hearing on the petition.
(vii)
If the petition is granted by the City Council, the contractual parking permit may
be issued only after the following conditions have been met:
1)
The owner(s) and all lien holders of record shall join in executing the
contractual parking permit which document shall be in a form 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 the use 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 lien holders of record and
delivered to the City Clerk.
4)
The contractual parking permit shall lapse upon the use of the property
affected for purposes of serving alcoholic beverages.
5)
Upon the contractual parking permit becoming invalid, discharged, or
lapsing hereunder, the property affected thereby shall be subject to the
strict provisions of the City Code, excepting this Section 9.116(4)(0, 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 provisions 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 provide that the
said owner or owners executing the contract shall pay all attorney's fees,
court costs, and administrative fees incurred by the City in the
enforcement of the covenant.
7) Any covenant entered into hereunder and any contractual parking permit
issued hereunder shall automatically expire twenty-five (25) years after
the date of filing of the said covenant in the office of the County
Recorder.
(v)
(w)
(x)
Banks, Offices and/or Public Office Buildings: At least one parking space for each two
hundred square feet up to 6,000 square feet of floor area (net) plus one (1) parking space
for each two hundred fifty (250) square feet over 6,000 square feet (net).
Undertaking Establishments: One parking space for each five seats or thirty five (35)
square feet of seating area where there are no fixed seats, plus one parking space for each
two hundred fifty (250) square feet of floor area not used for seating.
Furniture Store, Appliance Store, Wholesale and Warehouse: At least one parking space
for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet, plus
one parking space for each 1,000 square feet over 6,000 square feet.
(Y)
(z)
(aa)
(bb)
Open Sales Lots, Lumber Yards, Auto Sales: One parking space for each two thousand
(2,000) square feet of land up to the first eight thousand (8,000) square feet plus one
parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000
square feet plus one parking space for each six thousand (6,000) square feet thereafter.
Auto Repair, Boat and Marina Sales, Garden Store, Trade Service Shops: Four parking
spaces plus one (1) for each eight hundred (800) square feet of floor area over the first
1,000 square feet.
Skate, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas and Other Recreations
Centers: Ten (10) parking spaces plus one (1) additional space for each two hundred
(200) square feet of floor area (net).
Manufacturing, Fabricating, or Processing of a Product or Material: Four (4) off street
parking spaces plus one (1) for each four hundred (400) square feet of floor area (gross).
Section 2:
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
[oll call:
~/] /~_ t aye
o-Anne Student;N~.cretary to the Council
This ordinance shall be in full force and effect from and after
(30) days after its passage.
Septembe~ 26, 1983 ~y~~
0ctoberill, 1~83
October. Il, 1~83
Hentges
Itovland ~tmce G. Na~rrocki, Iiayor
Hovland, Hentgesi NawrOcki--.
Petkoff, Norberg--nay
thirty
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