The regulation of off street parking spaces in this title 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 intensity of utilization of various parcels of land or structures. (Ord. 674, sec. 1, 7-17-2000)

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. 674, sec. 1, 7-17-2000)

All applications for a building permit or a certificate of occupancy in all zoning districts shall be accompanied by a site plan, as specified in chapter 9 of this title, indicating the location of off street parking and loading spaces in compliance with the requirements set forth in this chapter. (Ord. 867, sec. 46, 5-17-2010)

   A.   Reserved.

   B.   Reduction Of Existing Off Street Parking Space Or Lot Area: Off street parking spaces and loading 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.   Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading 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 title.

   D.   Change Of Use Or Occupancy Of Buildings:

      1.   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 title.

      2.   Except in the C-CBD district, if the existing number of parking spaces provided for a multiple tenant mixed use, commercial, or industrial building does not conform to the required number of parking spaces, when a tenant vacates the building, the parking required by a new tenant occupying the vacated space may not exceed the parking required of the tenant being replaced. Required spaces of the existing and new tenant shall be determined in accordance with this title without reference to the fact that the use is in a multiple tenant building.

   E.   Disability Accessible Parking: Disability accessible parking spaces shall be provided as applicable pursuant to Minnesota statutes 168.021, as may be amended.

   F.   Restrictions On Parking:

      1.   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. All site plans required by this title shall illustrate the size and location of snow storage space on the property in question.

      2.   On and off street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable vehicles not to exceed twenty two feet (22') in length and eight feet (8') in height, except as may be otherwise allowed by this title or the following provisions:

         a.   Parking and/or storage of recreational vehicles and equipment shall be in accordance with section 11-22-5 of this title.

      3.   Residential uses:

         a.   Off street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, and trucks as follows:

            (1)   Vehicles rated Class 3 having a gross vehicle weight of fourteen thousand (14,000) pounds or less;

            (2)   Not more than one (1) Class 5 vehicle having a gross vehicle weight fourteen thousand (14,000) pounds or less.

         b.    Off-street parking and storage of recreational vehicles and equipment shall be as allowed in accordance with section 11-22-5.A.2 of this title.

      4.   Except where specifically allowed, contracting, excavating equipment, or other commercial vehicles and equipment may not be parked or stored on any property in the city unless it is being used in conjunction with a temporary service benefiting the premises.

   G.   Repair Work: No motor vehicle repair work of any kind shall be permitted in conjunction with exposed off street parking facilities, except for temporary (not exceeding 8 hours) minor repairs of vehicles owned by the occupant or resident of the principal use for which the parking space is intended. No exterior storage of car parts is allowed at any time.

   H.   Reserved.

   I.   Stall, Aisle And Driveway Design:

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

PARKING LOT DIMENSIONS TABLE1

 

   Note:

    1.    This table pertains to a wall to wall situation. In calculating dimensions, 2 feet may be subtracted from each stall depth for each overhang and overlap provided that a minimum sidewalk width of 3 feet is maintained. No subtraction for overlap is allowed for angles other than 90 degrees.

PARKING AREA AND DRIVE SETBACKS

 

Note:

       1.    Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating 2 or more parking areas are not required to observe the parking area setback from such common lot line. For commercial and industrial uses, side and rear yard setbacks shall be increased to front yard setback requirements when such side or rear yard abuts an R district.

      2.   Parking Space Size: Except as may be specifically provided herein, parking space shall be not less than nine feet (9') wide and twenty feet (20') in length exclusive of snow storage and access aisles, and each space shall be served by access aisles as required by this chapter.

      3.   Within Structures:

         a.   The off street parking requirements may be furnished by providing stalls within the principal building or detached accessory structure.

         b.   Parking stalls shall comply with the dimensions specified by subsection I1 of this section, except that stalls for multiple- family uses and public uses shall be not less than nine feet (9') wide and eighteen feet (18') in length accessed by access aisles a minimum of twenty four feet (24') wide.

         c.   Unless alternative provisions in compliance with this chapter and title are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity.

      4.   Circulation:

         a.   Except in the case of single-family, two-family and townhouse dwellings, other than located within the RH-CBD district, access and 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.

         b.   Except in the case of single-family, two-family and townhouse dwellings, other than located within the RH-CBD district, access and parking area design which requires backing into the public street is prohibited.

      5.   Parking Arrangement: Subject to approval of an administrative permit by the zoning administrator, the required parking spaces serving one- and two-family dwellings constructed prior to August 1, 2000, 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 chapter. In no case shall such space project into a sidewalk, or public or private street or driveway.

      6.   Curb Cut Location/Driveway Access Spacing: Curb cut locations and driveway access spacing shall meet the following setbacks:

MINIMUM DRIVEWAY DISTANCE FROM INTERSECTING STREET

 

NP = Not permitted

Notes:

    1.    Assumes a speed of 40 miles per hour.

    2.    Assumes a speed of 45 miles per hour.

    3.    Full median opening to be located at public streets, institutions and at minimum spacing of 600 feet.

    4.    Right in - right out.

         a.   The land uses identified in the aforementioned table reflect the site zoning designation.

         b.   Residential land uses identified in the aforementioned table are limited to single-family, two-family, and townhome dwellings.

         c.   Street functional classification shall be defined by the Lakeville comprehensive plan.

         d.   The setback measurement shall be measured from the edge of the street right of way to the nearest edge of the curb cut.

         e.   Driveways onto arterials and major collectors shall be prohibited where alternative street access is available. For existing lots of record, where alternative access is not available, direct access onto arterial and major collectors may be permitted, provided a site plan is submitted for review and approval of the city engineer or the city traffic consultant. Approval is also subject to the conditions of subsection I6f(4) of this section.

         f.   Location of driveways less than the distances specified in the aforementioned table.

            (1)   Driveway access onto minor collector streets may be located less than one hundred twenty five feet (125') from the nearest intersection if the intersection is signalized. The driveway access shall be limited to right turns into and out of the property and subject to city engineer or city traffic consultant approval. Approval is also subject to the conditions of subsection I6f(4) of this section.

            (2)   Driveway access onto a major collector may be located less than two hundred twenty feet (220') from the nearest intersection if the intersection is signalized. The driveway access shall be limited to right turns into and out of the property and subject to city engineer or city traffic consultant approval. (Approval is also subject to the conditions of subsection I6f(4) of this section.)

            (3)   Driveway access onto a minor arterial may be located less than six hundred sixty feet (660') (low density) or one thousand three hundred twenty feet (1,320') (high density) from the nearest intersection if the intersection is signalized. The driveway access shall be limited to right turns into and out of the property and subject to city engineer or city traffic consultant approval. (Approval is also subject to the conditions of subsection I6f(4) of this section.)

            (4)   Exceptions to the driveway setback standards identified in subsections I6f(1) through I6f(3) of this section are subject to approval of the city engineer or traffic consultant. Approval shall not be given if the driveway access, which may result in an unsafe traffic condition, interferes with the proper functioning of the public street. Review criteria shall include, but not be limited to: sight lines and distances, traffic volumes and speeds on the public street; intersection controls; street and driveway spacing; trip generation from the property.

         g.   Site access will not be permitted within right turn lanes or taper areas of a street.

         h.   As applicable, permits shall also be required from Dakota County and the Minnesota department of transportation.

      7.   Compliance: Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards outlined in this chapter and the following provisions:

         a.   Except as may be required or exempted by the city engineer, drive aisles and parking stalls shall be constructed in accordance with the following minimum tonnage standards:

            (1)   One and one-half inch (1.5") wear course.

            (2)   Two inch (2") base course.

            (3)   Six inch (6") aggregate base (class 5).

            (4)   Subgrade subject to city engineer's approval.

         b.   A minimum one lift of surface as required by this title shall be installed prior to issuance of a certificate of occupancy or temporary certificate of occupancy.

      8.   Curb Cut Width:

         a.   No driveway curb cut access shall exceed twenty eight feet (28') in width unless approved by the City Engineer where required to allow adequate turning movement for commercial, industrial, or institutional uses.

         b.   Property access over a surmountable curb shall be limited to the area of the designated, paved driveway.

      9.   Property Lines: Except as allowed by administrative permit 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.   Grade Elevation:

         a.   Parking Spaces And Areas: The grade elevation of any parking area shall not exceed five percent (5%), except as approved by the City Engineer.

         b.   Driveways: Unless approved by the City Engineer, the grade elevation of any driveway shall not exceed:

            (1)   Ten percent (10%) for single-family, two-family, and townhouse dwellings and for all driveways accessing underground parking areas.

            (2)   Five percent (5%) for all other uses.

      11.   Number Allowed:

         a.   All property shall be entitled to at least one (1) curb cut access.

         b.   Single-family uses shall be limited to one (1) curb cut access per property unless an administrative permit is approved by the Zoning Administrator, subject to the following criteria:

            (1)   The property shall have a minimum of width of one hundred twenty five feet (125').

            (2)   No access shall be allowed to a collector or arterial street as designated by the transportation plan where there is at least one (1) other existing access to the property.

         c.   All other uses shall be allowed one curb cut access for each one hundred twenty five feet (125') of street frontage.

      12.   Surfacing:

         a.   All driveways and parking stalls shall be surfaced with asphalt, concrete, cobblestone or paving brick, except for those uses specifically exempted below:

            (1)   Farm dwellings and farm operations.

            (2)   Single-family uses located within permanent rural area or urban reserve area as defined by the Comprehensive Plan with frontage and access to a public street with a gravel surface.

         b.   Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for review and the final plans shall be subject to the engineer's written approval.

         c.   Legal nonconforming driveways and parking area surfaces existing on March 17, 2003, shall be regulated in accordance with chapter 15 of this title and brought into compliance with this section at the time of any improvement that intensifies the use of the parking area or driveway.

      13.   Striping: Except for single-family, two-family, and townhouses, all parking areas of five (5) spaces or more shall be marked with white or yellow painted lines not less than four inches (4") wide.

      14.   Lighting: 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 shall be in compliance with section 11-16-17 of this title.

      15.   Curbing And Landscaping: Except for single-family, two- family, and townhouses, all open off street parking shall have a perimeter continuous concrete curb around the entire parking lot. Said curb shall be subject to the parking area and drive setbacks table in subsection I of this section. Additional setback may be required to accommodate landscaping. Grass, plantings or screening shall be provided in all areas bordering the parking area as specified by the design guidelines of the Lakeville corridor and gateway design study.

      16.   Pedestrian Provision: All off street parking areas shall be designed with due regard to pedestrian circulation. Off street parking areas shall be designed such that vehicle and pedestrian circulation is accommodated in a safe, complementary and orderly fashion. When curb separated sidewalks are provided at the head of parking stalls, the minimum width shall be five feet (5').

      17.   Required Screening: All open, nonresidential off street parking areas of five (5) or more spaces shall be screened and buffered from abutting or surrounding residential districts in compliance with chapter 21 of this title.

      18.   Parking Lot Landscaping: All exposed parking areas shall be landscaped on all sides in compliance with chapter 21 of this title.

      19.   Compact Car Spaces: Up to twenty percent (20%) of the parking spaces in a parking lot may be permanently marked for compact cars only, provided that:

         a.   The parking lot contains eighty (80) or more off street parking spaces.

         b.   All compact car spaces are a minimum of eight feet (8') in width and sixteen feet (16') in length.

         c.   Signs and markings, as approved by the city, are placed and maintained in each compact car space.

         d.   All required off street parking aisle widths are maintained.

         e.   The compact car stalls shall not displace preferred disability accessible parking stall locations.

         f.   The design, layout, and location of designated compact car spaces shall not be located in immediate proximity to building entrances, shall not encourage utilization by oversized vehicles, and shall be subject to approval by the zoning administrator.

      20.   Cart Storage: Retail commercial uses shall be required to provide ample space for the storage of customer service carts within off street parking areas, subject to the approval of the zoning administrator. The need and specific amount of required cart storage space shall be determined as part of site plan review. When required, cart storage areas shall not occupy required off street parking space, shall be clearly delineated, and shall include facilities for cart confinement.

   J.   Reserved.

   K.   Bicycles: Provisions shall be made for the off street parking of bicycles in all multiple-family and nonresidential developments and uses. Plans for such facilities shall be reviewed and evaluated on an individual project or use basis as part of site plan review provisions of chapter 9 of this title.

(Ord. 674, sec. 1, 7-17-2000; amd. Ord. 730, sec. 14, 3-17-2003; Ord. 762, sec. 9, 4-5-2004; Ord. 866, sec. 3, 5-17-2010; Ord. 867, sec. 47, 5-17-2010; Ord. 888, 2-21-2012; Ord. 971, 9-19-2016; Ord. 996, 5-7-2018; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1065, 4-4-2022; Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023; Ord. 1098, 1-21- 2025)

It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping, and required fences/screening. (Ord. 674, sec. 1, 7-17-2000)

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

   A.   Lot And Ownership: Required off street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of sections 11-19-17 and 11-19-19 of this chapter.

   B.   Direct Access: Except for single-family, two-family, and townhouse 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.   Boulevard: The boulevard portion of the street right-of-way shall not be used for parking nor parking calculation.

   D.   Prohibited In Yard: Required accessory off street parking in the A-P, RA, RS-1, RS-2, RS-3, RS-4, RS-CBD, RST-1, RST-2, and M-2 Districts shall not be located in required front yards or in required side yards adjacent to a public right-of-way in the case of a corner lot.

   E.   Prohibited Except On Driveway: In the case of single-family, two-family, and townhouse dwellings parking shall be prohibited in any portion of the front, side, or rear yard except on designated driveways surfaced with bituminous material, concrete, or paver bricks leading directly into a garage or one open, surfaced space not exceeding twelve feet (12') in width located on the side of a driveway or on the side of a garage, away from the principal use. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 730, sec. 18, 3-17-2003; Ord. 866, sec. 3, 5-17-2010; Ord. 996, 5-7-2018; Ord. 1031, 6-1-2020)

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.   Calculations Of Required Spaces:

 

   B.   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, structure or use times the number of floors, minus ten percent (10%), except as may hereinafter be provided or modified.

   C.   Fractional Spaces. When calculating the number of parking spaces required in accordance with section 11-19-13.A of this section results in a fraction, each fraction of one-half (½) or more shall constitute another space.

   D.   Multiple Uses. Except as provided for under joint parking and for mixed use developments within the M-1 and M-2 Districts, 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 by section 11-19-13.A of this section.

   E.   Assembly Spaces. In 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.

   F.   Mixed Use Parking. The minimum parking requirement for joint facilities that include office, restaurant, retail, government, and/or multiple family residential uses within mixed use districts established by chapter 45 of this title are to be determined by the following calculation:

      1.   Multiply the minimum parking required for each individual use as required by section 11-19-13.A of this section by the appropriate percentage for each of the six (6) designated time periods as outlined in the following table:

 

 

         a.   Add the resulting sums for each of the six (6) designated time periods.

         b.   The minimum number of spaces required for the development shall be the highest sum among the six (6) designated time periods.

   G.   C-CBD District. Commercial uses within the C-CBD shall be exempt from the requirements of section 11-19-13.A of this section.

   H.   Uses Not Specified. Uses not specified or not precisely identified by section 11-19-13.A shall be calculated by the zoning administrator based upon, but not limited to, characteristics for similar uses and professional studies prepared by American planning association or institute of transportation engineers.

   I.   Reduction In Number of Spaces:

      1.   The number of space required by section 11-19-13.A of this section for a specific use may be reduced by approval of an administrative permit based on a parking demand study prepared by a qualified professional.

         a.   For multiple family residential uses, the parking study shall take into account unit mix, target demographics, accessibility to open (or surface) parking spaces and enclosed parking spaces to all tenants and guests; at no point shall multiple family housing be parked at a ratio of less than one and one-half (1.5) spaces per unit or one (1) space per bedroom.

      2.   A deferment for the construction of the number of parking spaces required by section 11-19-13.A of this section for commercial, industrial, institutional, and multiple-family uses, but not for such uses within the RS-CBD, C-CBD, and I-CBD Districts, may be allowed by administrative permit provided that:

         a.   The proposed use will have a peak parking demand less than the required parking under section 11-19-13.A of this section in consideration of, but limited to:

            (1)   Size of building, or number of dwelling units and number of bedrooms per dwelling unit.

            (2)   Type and use.

            (3)   Number of employees or residents.

            (4)   Projected volume and turnover of customer traffic.

            (5)   Projected frequency and volume of delivery or service vehicles.

            (6)   Number of company owned vehicles not stored within a principal or accessory building.

         b.   In no case shall the amount of parking provided be less than one-half (½) of the amount of parking required by section 11-13-19.A of this section.

         c.   The site plan includes sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this chapter if the parking demand exceeds on site supply.

         d.   On site parking shall only occur in areas designed and constructed for parking in accordance with this chapter.

         e.   The applicant and city enter into a performance agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking spaces, upon a finding of the zoning administrator that such additional parking spaces are necessary to accommodate the use, which may include a requirement for a construction security if determined necessary by the city.

         f.   A change of use will necessitate compliance with the applicable zoning ordinance standard for parking.

   J.   Maximum Number Of Spaces. Construction of more than one hundred twenty-five percent (125%) of the number of spaces required by section 11-19-13.A of this section for a specific use shall require approval of a conditional use permit based on a parking demand study prepared by a qualified professional.

(Ord. 674, sec. 1, 7-17-2000; amd. Ord. 707, sec. 2, 3-4-2002; Ord. 730, sec. 20, 3-17-2003; Ord. 762, sec. 10, 4-5-2004; Ord. 791, sec. 2, 9-19-2005; Ord. 867, secs. 53, 54, 5-17-2010; Ord. 924, 7-7-2014; Ord. 979, 5-15-2017; Ord. 1015, 8-5-2019; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1052, sec. 4, 9-7-2021; Ord. 1065, 4-4-2022; Ord. 1098, 1-21-2025; Ord. passed 8-4-2025)

   A.   Purpose: The purpose of this section is to encourage and facilitate use of electric vehicles, expedite establishment of convenient, cost-effective electric vehicle infrastructure, and establish minimum requirements for such infrastructure to serve both short term and long term parking needs.

   B.   Allowed Use:

      1.   Public or private access Level 1 and level 2 electric vehicle charging stations shall be allowed in all zoning districts established by Chapter 45 of this title as incidental to permitted accessory off-street parking areas.

      2.   Public or private access to level 3 electric vehicle charging stations shall be allowed only for permitted accessory off-street parking for commercial, industrial, and institutional uses.

   C.   Public EVCS Provisions:

      1.   Electric vehicle charging stations shall be located so as to be visible to the public for information and security purposes.

      2.   Electric vehicle charging stations shall be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles.

      3.   Electric vehicle charging stations shall be operational during the normal business hours of the use(s) that it is accessory to, but may be de-energized or made inoperable after normal business hours.

      4.   Electric Vehicle Charging Station Design Standards:

         a.   Battery charging station outlets and connector devices shall be mounted to comply with applicable building codes and relevant Americans with Disabilities Act (ADA) requirements.

         b.   Electric vehicle supply equipment shall be located adjacent to designated parking stalls without encroaching into the required dimensions of the parking stall.

         c.   Electric vehicle supply equipment shall not impede pedestrian travel or create trip hazards on sidewalks.

         d.   Battery charging stations shall be elevated six inches (6") above the traveled surface of the site.

         e.   Battery charging station setbacks:

            (1)   From rights-of-way:      30 feet

            (2)   Side or rear lot lines:   10 feet

      5.   Operation:

         a.   Battery charging stations shall be maintained in all respects, including operation of the equipment. A phone number or other contact information shall be displayed on the face of the battery charging station for reporting problems with the equipment or access to it.

         b.   The owner may collect usage fees for access to the battery charging station.

   D.   Provision of electric vehicle parking stalls shall not be required within the number of stalls required by section 11-19-13 of this title. (Ord. 1031, 6-1-2020)

The City Council may, after receiving a report and recommendations from the Planning Commission, approve as applicable a conditional use permit for long term permanent joint parking facilities as regulated under the provisions of chapter 4 of this title, or an interim use permit for short term temporary joint parking facilities as regulated under the provisions of chapter 5 of this title, for one (1) or more businesses to provide the required off street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist:

   A.   Up to fifty percent (50%) of the parking facilities required for a conference center, theater, bowling alley, banquet 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.   Up to fifty percent (50%) of the off street parking facilities required for any use specified under subsection D of this section as primary 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, religious buildings, bowling alleys, banquet halls, theaters, bars, apartments, restaurants, or health clubs.

   C.   Up to eighty percent (80%) of the parking facilities required by this chapter for a religious building or for any auditorium incidental to a public or parochial school may be supplied by the off street parking facilities provided by uses specified under subsection D of this section as primarily daytime uses.

   D.   For the purpose of this section the following uses are considered as primarily daytime uses: banks, business offices, manufacturing, wholesale and similar uses, as determined by the Zoning Administrator.

   E.   Conditions required for joint use:

      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 five hundred feet (500') of such parking facilities.

      2.   There shall be 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 involved in 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 Clerk and recorded with the Dakota County Recorder. The legal instrument shall legally bind all parties and provide for amendment or cancellation only upon written approval from the City. (Ord. 674, sec. 1, 7-17-2000)

   A.   Any off site parking which is used to meet the requirements of this chapter may, as applicable, be allowed by a conditional use permit for long term off site parking facilities as regulated under the provisions of chapter 4 of this title, or an interim use permit for short term temporary off site parking facilities as regulated under the provisions of chapter 5 of this title, and shall be subject to the conditions listed below.

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

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

   D.   Except as provided by subsection H of this section, the site used for meeting the off street parking requirements of this chapter shall be under the same ownership as the principal use being served or under public ownership.

   E.   Off site parking for multiple-family dwellings shall not be located more than two hundred fifty feet (250') from any normally used entrance of the principal use served.

   F.   Off site parking for nonresidential uses shall not be located more than five hundred feet (500') from the main public entrance of the principal use being served. Off site parking located more than five hundred feet (500') from the main entrance may be allowed with the provision of a private shuttle service.

   G.   Any use which depends upon off site parking to meet the requirements of this title 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.

   H.   Compliance with off street parking requirements provided through leased off street parking may be approved by the city council, subject to the following additional 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 provided, must be equal to or exceed the total number of parking spaces required.

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

      3.   The lease agreement shall incorporate any other provisions, as recommended by the city attorney that are deemed necessary to ensure compliance with the intent of this title. (Ord. 674, sec. 1, 7-17-2000)

(Rep. by Ord. 1098, 1-21-2025)