The regulation of off street parking spaces in this ordinance is to alleviate or prevent congestion of the public rights of way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. (Ord. 1988-12, 12-19-1988)

The regulations and requirements set forth herein shall apply to all off street parking facilities in all of the zoning districts of the city. (Ord. 1988-12, 12-19-1988)

All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off street parking and loading spaces in compliance with the requirements set forth in this chapter. All site plans for single-family homes must provide for location of a two (2) stall garage, whether or not construction is intended. (Ord. 1988-12, 12-19-1988)

   A.   Floor Area: The term "floor area", for the purpose of calculating the number of off street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten percent (10%), except as may hereinafter be provided or modified.

   B.   Reduction Of Existing Off Street Parking Space Or Lot Area: Off street parking spaces or lot area existing upon the effective date hereof shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

   C.   Nonconforming Structures: Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in this ordinance; except, that in doing so, any off street parking which existed before shall be retained.

   D.   Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already dedicated to a parking area or parking spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this ordinance, except as specifically outlined in this chapter.

   E.   Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this ordinance. Where an existing off street parking area must be altered in accordance with the number of parking stalls required herein, the following conditions will apply:

      1.   If the change of use or occupancy of the building/land requires the addition of fifty percent (50%) or more of the total parking spaces to that which currently exists (regardless of the type of surfacing which is present), the entire parking area shall be curbed, surfaced and landscaped as required herein.

      2.   If the change of use or occupancy of the building/land requires the addition of less than fifty percent (50%) of the total number of parking spaces to which currently exists, the surfacing and curbing of the entire parking area shall be required as specified herein, only if the existing surface is gravel or is of a paved condition in need of major repair. An existing parking area which is surfaced with asphalt or concrete, which must be expanded to provide additional parking, shall not be required to include a perimeter curb unless a drainage need is found to exist by the city engineer.

   F.   Residential Area Parking: On and off street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; vehicles having a classification 1-3 per MNDOT standards, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code shall be permitted. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments.

   G.   Calculating Space:

      1.   When determining the number of off street parking spaces results in a fraction, each fraction shall constitute another space.

      2.   In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facilities shall be counted as one seat for the purpose of determining requirements.

      3.   Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, each use shall be calculated separately for determining the total off street parking spaces required.

   H.   Stall, Aisle And Driveway Design:

      1.   Except as otherwise provided for herein, all off street parking facilities shall conform to the following design standards:

 

For commercial vehicles (in excess of 12,000 pounds or that exceed the length and/or width of the parking stalls described above) to be parked on site, the parking stalls and turning radiuses must be sized large enough to accommodate the oversized vehicles without encroachment into other required parking stalls or access aisles.

Parking stalls for oversized vehicles must be illustrated and approved with the site plan.

      2.   All off street parking facilities shall be designed and constructed with appropriate means of vehicular access to a public street.

      3.   The off street parking requirements may be furnished by providing a space so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off street parking provisions of this ordinance.

      4.   Except in the case of single-family, two-family, townhouse and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family, townhouse and quadraminium dwellings, parking area design which requires backing into the public street is prohibited.

      5.   The required parking spaces serving existing single-family dwellings in the R-3 district may be designed for parking not more than two (2) vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this ordinance.

      6.   No curb cut access shall be located less than forty feet (40') from the intersection of two (2) or more street rights of way. This distance shall be measured from the intersection of lot lines.

      7.   Except in the case of single-family, two-family, townhouse and quadraminium dwellings, parking areas and their aisles shall be developed in compliance with the standards on the parking lot dimension table.

      8.   No curb cut access shall exceed twenty four feet (24') in width unless approved by the city engineer.

      9.   Except with special approval from the zoning administrator, curb cut openings shall be a minimum of five feet (5') from the side yard property line in all districts.

      10.   Driveway access curb openings on a public street, except for single-family, two-family, quadraminium and townhouse dwellings, shall not be located less than forty feet (40') from one another.

      11.   The grade elevation of any parking area shall not exceed five percent (5%).

      12.   Each property shall be allowed one curb cut access for each one hundred twenty five feet (125') of street frontage. All property shall be entitled to at least one curb cut. Single- family uses shall be limited to one curb cut access per property unless a conditional use permit is approved pursuant to chapter 400 of this ordinance.

      13.   All areas intended to be utilized for parking space and driveways shall be surfaced with bitumen or concrete to control dust and drainage, except in the case of farm dwellings/operations and as specified in subsection E of this section. Coal tar based sealants are prohibited materials in the construction or maintenance of paved parking spaces, driveways, or other paved areas on a property. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the city engineer for his review, and the final drainage plan shall be subject to his/her written approval. In unique situations, where drainage or other factors warrant such, the city engineer may permit deviation from these surfacing requirements.

      14.   Except for single-family, two-family, townhouse and quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four inches (4") wide.

      15.   Any lighting used to illuminate an off street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights of way and be in compliance with section 1000.10 of this ordinance.

      16.   Except for single-family, two-family, townhouse and quadraminiums, and except as specified in subsection E of this section, all open, off street parking shall have a continuous concrete perimeter curb (B-6-12) around the entire parking lot. Said curb barrier shall not be closer than five feet (5') to any lot line and shall meet other applicable parking and driveway setbacks specified in this ordinance.

      17.   a. Screening And Landscaping For Nonresidential Uses: All open, nonresidential off street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts and from adjacent public streets in compliance with section 1000.7 of this ordinance; except, that the height of the screening or landscaping shall be four feet (4'). Grass plantings or landscaping shall be provided in all areas bordering the parking area not occupied by screening materials or other landscape amenities.

         b.   Screening And Landscaping For Residential Uses: All open, residential off street parking areas of five (5) or more spaces shall be screened and landscaped from adjacent public streets in compliance with section 1000.7 of this ordinance; except, that the height of the screening or landscaping shall be four feet (4'). Grass plantings or landscaping shall be provided in all areas bordering the parking area not occupied by screening materials or other landscape amenities.

         c.   Changes To Requirements: The city council shall have the authority to increase or decrease screening and landscaping requirements in cases where such action would prevent or alleviate visual conflicts or generally increase the aesthetic nature of the community.

      18.   Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-10, 9-20-1993; Ord. 1997-17, 11-17-1997; Ord. 2002-3, 3-18-2002; Ord. 2003-29, 11-3-2003; 2005 Code; Ord. 2007-02, 3-19-2007; Ord. 2013-004, 6-17-2013; Ord. 2022-08, 6-20-2022)

It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain, in a neat and adequate manner, the parking space, accessways, striping, landscaping and required screening. Coal tar based sealants shall be prohibited materials in the maintenance or reconditioning of paved parking spaces, driveways, or other paved areas on a property. (Ord. 2013-004, 6-17-2013)

All accessory off street parking facilities, as required by this ordinance, shall be located and restricted as follows:

   A.   Required accessory off street parking shall be on the same lot and under the same ownership as the principal use being served, except under the provisions of sections 1200.10 and 1200.11 of this chapter.

   B.   Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

   C.   There shall be no off street parking within fifteen feet (15') of any street surface.

   D.   The boulevard portion of the street right of way shall not be used for parking.

   E.   Required accessory off street parking shall not be provided in required front yards or in required side yards in the case of corner lots in R-1, R-2, R-3, and R-4 districts.

   F.   Required off street parking areas for one- and two-family uses shall be in the rear yard, side yards, other than a required side yard, garage, carport, and upon a well defined driveway. A parking space in excess of that specifically required by this ordinance may be located in an area not to exceed twelve feet (12') in width abutting the driveway on one side only in the front yard. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or, in cases of existing gravel driveways, gravel may be used for such additional parking.

   G.   Commercial vehicle parking stalls shall not be located in the front or side yards abutting a street of commercial lots. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2007-02, 3-19-2007)

Required accessory off street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles and/or storage of snow. (Ord. 1988-12, 12-19-1988)

All parking associated with any building, structure or use shall be required to conform to the disability accessible parking standards pursuant to Minnesota state building code 1 , as may be amended. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-29, 11-3-2003)

The following minimum number of off street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:

 

   A.   Other Uses: Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the council. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

   B.   Space Reductions: Subject to the review and processing of a conditional use permit as regulated by chapter 400 of this ordinance, the city may reduce the number of required off street parking spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the city may require land to be reserved for parking development should use or needs change.

   C.   B-4 Parking Requirements: Within the B-4 zoning district, the city may approve development and uses which do not comply with the required number of parking spaces as a conditional use permit; provided, that:

      1.   A development agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the city sponsored and provided parking space construction, maintenance, and parking site acquisition for on street, lot and/or ramp parking. Said responsibility shall be determined on the basis of the property's parking space shortage based upon ordinance requirements, in relationship to the total parking space shortage, as defined by this chapter for a defined service and benefit area. The "service and benefit area" shall include all properties which benefit from the available public parking serving a particular retail and commercial neighborhood or district.

      2.   The amount of parking provided on the property in question is the maximum amount possible, taking into account the use and design objectives of the B-4 district as outlined by this ordinance and the comprehensive plan.

      3.   The parking shortages created by the development are not premature or in excess of the supply which can be provided by the city through a public parking system on a long term basis.

      4.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-20, 12-20-1993; Ord. 1997-17, 11-17-1997; Ord. 2003-29, 11-3-2003)

The council may approve a conditional use permit for one or more businesses to provide the required off street parking facilities by joint use of one or more sites where the total number of spaces provided is less than the sum of the total required for each business should they provide them separately. To qualify for joint parking, the following conditions shall apply:

   A.   Entertainment Centers And Restaurants: Up to fifty percent (50%) of the parking facilities required for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off street parking facilities provided by types of uses specified as primarily daytime uses in subsection D of this section.

   B.   Nighttime And Sunday Uses: Up to fifty percent (50%) of the off street parking facilities required for any use specified under subsection D of this section as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars, apartments or restaurants.

   C.   Churches And Schools: Up to eighty percent (80%) of the parking facilities required by this ordinance for a church or for an auditorium incidental to a public or parochial school may be supplied by the off street parking facilities provided by uses specified in subsection D of this section as primarily daytime uses.

   D.   Daytime Uses: For the purposes of this chapter, the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

   E.   General Conditions Required For Joint Use Facilities:

1.The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities.

      2.   Documentation as specified by the city shall be submitted demonstrating that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses (for which joint use of off street parking facilities is proposed).

      3.   A properly drawn legal instrument, executed by the parties concerned for joint use of off street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city administrator and recorded with the Wright County recorder. Such a document shall include all provisions regarding any access or use easements related to the properties and parking areas in question. (Ord. 1988-12, 12-19-1988)

   A.   Any off site parking which is used to meet the requirements of this ordinance shall be a conditional use as regulated by chapter 400 of this ordinance and shall be subject to the conditions listed in this section.

   B.   Off site parking shall be developed and maintained in compliance with all requirements and standards of this ordinance.

   C.   The parking lot is to be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm controlling and operating the lot, said person to be responsible for its maintenance.

   D.   The parking lot is not to be used for sales, repair work or servicing of any kind.

   E.   Reasonable access from off site parking facilities to the use being served shall be provided.

   F.   Except as provided below, the site used for meeting the off site parking requirements of this ordinance shall be under the same ownership as the principal use being served or under public ownership.

   G.   Off site parking for multiple-family dwellings shall not be located more than one hundred feet (100') from any normally used entrance of the principal use served.

   H.   No advertising sign or material is to be located on the property where the parking lot is located.

   I.   All parking is to be kept back of the building setback line by barriers unless otherwise specifically authorized by the council.

   J.   Except as provided below, off site parking for nonresidential uses shall not be located more than three hundred feet (300') from the main public entrance of the principal use being served.

   K.   Any use which depends upon off site parking to meet the requirements of this ordinance shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

   L.   Compliance with off street parking requirements provided through leased off site parking may be approved by the council, subject to the following conditions:

      1.   The lease shall specify the total number and location of parking spaces under contract, and this number, when added to any on site parking required, must be equal to the total number of parking spaces required.

      2.   The lease shall document and specify easements related to the properties in question and the parking areas.

      3.   The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city.

      4.   The lease agreement shall incorporate a release of liability for the city and from any provisions that are deemed necessary to ensure compliance with the intent of this ordinance, as recommended by the city attorney.

   M.   Any such other conditions as may be deemed necessary by the city council to protect the welfare and character of the nearby land uses. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

AL849   Zoning Ordinance - Appendix A   App A-1300