HomeMy WebLinkAboutOrdinance 1306ORDINANCE NO. 1306
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 9.116(4) of Ordinance No. 853, City Code of 1977,
which currently reads as follows, to wit:
9.116(4) Reauired Off-Street Parking
(a)
~alculatina Spaces: When determining the number of off-
street parking spaces required results in a fraction,
each fraction of one-half (1/2) or more shall constitute
another space.
(b)
(c)
(d)
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.
Single Family Dwellina: At least two (2) parking spaces,
one of which shall be a garage.
Two Family Dwelling: At least two (2) parking spaces per
dwelling unit, one of which shall be a garage.
(e)
Roomin~ House: At least two (2) parking spaces for each
three (3) persons for which accommodations are provided
for sleeping.
(f)
MultiDle Dwelling: At least two (2) parking spaces for
each dwelling in the R-3 District, 1.5 in the R-4
District, and I in all "B" Districts, one of which shall
be a garage.
(g)
(h)
(i)
~ At least one (1) parking space fr each rental
court provided in the design of the building.
~ At least one (1) space for each dwelling unit or
lodging room, plus one (1) additional space for each
eight units.
SGhool. Elementary and Junior Hi~h: At least one (1)
parking space for each cla~ room p~u~ one (1) additional
space for each 300 student capacity.
(j)
School - High Schools. Vocational. College and Other Post
~econdar¥ Schools:
(1) High Schools: At least one (1) parking space for each
seven (7) students based upon design capacity, plus one
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(i) additional space for every two classrooms.
(2) VoGational Schools. Colleaes and Other Post Secondary
~At least one (1) parking space for every two and
one-eight (2 1/8) 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 (1 1/2) hours of the time when
the greatest number is enrolled provided however that the
number of parking spaces shall never be less than that
stated in Section 9.116(4)(j)(11).
Church Clubs: At least one (1) parking space for each
three and one-half (3 1/2) seats based on the design
capacity of the main assembly hall.
Theater. Ballfield. Stadium: At least one (1) parking
space for each eight (8) seats of design capacity.
~ At least one and one-half (1 1/2) parking
spaces for each patient bed.
Sanitarium. Convalescent Home. Rest Home~ Nursing Home or
Institution: At least one (1) parking space for each two
(2) beds for which accommodations are offered.
Medical or Dental Clinic or Veterinary Office: At least
three (3) parking spaces for each staff doctor or dentist
according to design capacity.
Prepared Food Establishments: At least one (1) parking
space for each fifteen (15) 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 (1)
parking space for each 180 square feet of gross floor
area in building except of the Prepared Food Delivery
Establishment as such establishment is defined in Section
9.103(63).
Bowling Alley: At least five (5) parkin0 ~pace~ 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.
(t)
Retail Store. Open Space R~tail or Service ShoD: At least
one (1) off-street parking space for each two hundred
(200) square feet of floor area (net).
(u)
Restaurant. Cafe~ Bar~ Tavern. Night Club: At least one
(1) space for each three (3) seats based on capacity
design where there is no design layout, one (1) 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 requirements for a structure existing on
August 8, 1977 by not more than fifty percent (50%) 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 the section;
and
ii) The reduction is required off-street parking spaces
will not cause an additional burden on other lots or on
off-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 $300.00; 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 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 or owners and all lienholders 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 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 bythe owner or owners and all
lienholders of record and delivered to the City
Clerk.
4) The contractual parking permit shall lapse upon
the use of the property affected for the 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)(t), 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 ~hall
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.
Any convenant 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 (1) parking space for each two hundred (200) 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).
(w)
Undertakina Establishments: One (1) parking space for
each five (5) seats or thirty five (35) square feet of
seating area where there are no fixed seats, plus one (1)
parking space for each two hundred fifty (250) square
feet of floor area not used for seating.
(x)
FurDiture ~tore. Appliance Store. Wholesale Warehouse: At
least one (1) parking space for each four hundred (400)
square feet of floor area (gross) up to 6,000 square
feet, plus one (1) parking space for each 1,000 square
feet over 6,000 square feet.
(y)
Open Sales Lots. Lumber Yards. Auto Sales: One (1)
parking space for each two thousand (2,000) square feet
of land up to the first eight thousand (8,000) square
feet plus one (1) parking space for each four thousand
(4,000) square feet of land up to a parcel of 24,000 feet
plus one (1) parking space for each four thousand (4,000)
square feet of land up to a parcel of 24,000 square feet
plus one (1) parking space for each six thousand (6,000)
square feet thereafter.
(z)
Auto Repair. Boat and Marina Sales. Garden Store. Trade
Service Shops{ Four (4) parking spaces plus one (1) for
each eight hundred (800) square feet of floor area over
the first 1,000 square feet.
(aa) Skate~ Dance Halls~ Miniature Golf. Private Clubs,
Ice Arenas and Other Recreational Centers: Ten (10)
parking spaces plus one (1) additional space for
each two hundred (200) square feet of floor area
(net).
(bb) Manufacturing. Fabricatina 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
shall hereafer be amended to read as follows, to wit:
9.116(4) Reouired Off-Street Parkina
(a)
Calculating Spaces: When determining the number of off-
street parking spaces required results in a fraction,
each fraction of one-half (1/2) 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.
(u)
Two Family Dwellino: 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 1 in all "B" Districts, one of which shall
be a garage.
(g)
Hotel.- At least one (1) parking space for each rental
court provided in the design of the building.
(h)
Motel-At least one (1) space for each dwelling unit or
lodging room, plus one (1) additional space for each
eight units.
(i)
School. Elementary and Junior Hiah: At least two (2)
parking spaces ~or each class room plus one (1)
additional space for each 300 student capacity.
(J)
High Schools. Vocational Schools. Colleges and Other
post-Secondary Schools:
(i) High Schools: At least one (1) parking space for each
seven (7) students based upon design capacity, plus one
(1) additional space for every two classrooms.
(ii) Vocational Schools. Colleges and Other Post-
Secopdarv Schools: At least one (1) parking space for
every two and one eight (2 1/8) 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 (1 1/2) hours of the time
when the greatest nu,her is enrolled provided however
that the number of parking spaces shall never be less
than that stated in Section 9.116(4)(j)(11).
(k)
Church. Clubs: At least one (1) parking space for each
three and one-half (3 1/2) seats based on the design
capacity of the main assembly hall.
(1) Theater. Ballfield. Stadium: At least one (1) parking
space for each eight (8) seats of design capacity.
(m)
~ At least one and one-half (1 1/2) parking
spaces for each patient bed.
(n)
Sanitarium~ Convalescent Home. Rest Home. Nursing Home or
Institution: At least one (1) parking space for each two
(2) beds for which accommodations are offered.
(o)
Medical or Dental Clinic or Veterinary Office: At least
three (3) parking spaces for each staff doctr or dentist
according to design capacity.
(p)
(q)
Prepared Food Establishments: At least one (1) parking
space for each fifteen (15) 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 (1)
parking space for ea6h 180 square feet of gross floor
area in building except of the Prepared Food Delivery
Establishment as such establishment as defined in Section
9.103(63).
(r)
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.
(s)
Motor Fuel Stations: At least six (6) parking spaces plus
two (2) off-street parking spaces for each service stall.
(t)
Retail Store. Open Space Retail or Service ShoD: At least
one (1) off-street parking space for each two hundred
(200) square feet of floor area (net).
(u)
Restaurant. Cafe, Bar. Tavern. Night Club: At least one
(1) space for each three (3) seats based on capacity
design where there is no design layout, one (1) 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 requirements for a structure existing on
August 8, 1977 by not more than fifty-percent (50%) 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:
(~) The proposed use designed at maximum capacity does
not warrant the strict parking requirements of the
section; and
(ii) The reduction in required off-street parking spaces
will not cause an additional burden on other lots or on
off-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 $300.00; and
(vi) The petitioner is the owner of good and marketable
title to all 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 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 or owners and all lienholders 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
person, persons, businesses, corporations or to any other
entity or entities. The documents 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 itensified regardless of the
amount of off-street park/hq required for the chanqed 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 maybe 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.
4) The contractual parking permit shall lapse upon the
use of the property affected for the 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)(t), 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 years after the filing
of the said covenant in the office of the County
Recorder.
v)
Banks. Offices and/or Public Office Buildinas: At least
one (1) parking space for each two hundred ~200) 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).
(w)
Undertakina Establishments: One (1) parking space for
each five (5) seats or thirty five (35) square feet of
seating area where there are no fixed seats, plus one (1)
parking space for each two hundred fifty (250) square
feet of floor area not used for seating.
(x)
Furniture Store. Appliance Store. Wholesale Warehouse:
One (1) parking space for every 1.5 employees on major
shift or one (1) per 2,000 square feet of floor area
(gross), less 10% off total square feet to account for
non-useable space, whichever is greater; plus one (1)
space per company vehicle.
(y) Open Sales Lots. Lumber Yards. Auto Sales: One (1)
parking space for each two thousand (2,000) square feet
of land up to the first eight thousand (8,000) square
feet plus one (1) parking space for each four thousand
(4,000) square feet of land up to a parcel of 24,000
square feet plus one (1) parking space for each six
thousand (6,000) square feet thereafter.
(z) Auto Re~air. Board and Marina Sales. Garden Store. Trade
Service Shops: Four (4) parking spaces plus one (1) for
each eight ~undred (800) square feet of floor area over
the first 1,000 square feet.
(aa) Skate. Dance Halls. Miniature Golf. Private Clubs. Ice
Arenas and Other Recreational Centers: Ten (10) parking
spaces plus one (1) additional space for each two hundred
(200) square feet of floor area (net).
(bb) Manufacturing. Fabricatina or Processing of a Product or
~ One space for every 1.5 employees on major
shift or one (1) per 600 square feet of floor area
(gross), less 10% off total square feet to account for
non-useable space, whichever is greater; plus one (1)
space for each company vehicle (unless vehicle or
vehicles are already accounted for in requirements.)
(cc) Office Space in Industrial (I and I-2} Zone Areas: One
(1) parking space per 300 square feet of floor area
(gross)
(dd) For Industrial Zone areas only (I, I-2) and for
industrial purposes only, if the owner cannot meet the
required parking requirements, the Planning and Zoning
Commission may recommend, and the City Council may
approve a "parking plan" for required parking spaces
according to the applicant's plan which will propose to
initially install only a portion of the required parking
spaces, but could demonstrate that the full amount of
required parking could be installed on the property as
determined by the City. Other requirements include:
(1)
Applicants must submit a site plan which will show
sufficient land available to reinstate all required
parking if use of the property changes or if the
City determines greater amount of parking is
necessary.
(2)
Whenever industrial properties change ownership,
the use of parking spaces provided may be reviewed
by City Staff to determine if adequate parking is
being provided or if more spaces need to be
installed from the amount set aside.
(3) The applicant's site plan must show that parking is
(4)
provided for employees
9.116(4)(x)(bb).
according to Section
Applicant must submit plans for customer parking
according to peak customer amounts.
First Reading:
Second Reading:
Date of Passage:
July 24, 1995
August 14, 1995
August 14, 1995
Offered by:
Seconded by:
Roll call:
Petkoff
Peterson
All ayes
-Anne Student, Council Secretary
ay°r ~Jo~e~h S-t~rdevant