Subd. 1. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. BOULEVARD. That portion of a street or road right of way which is adjacent to the portion of the street or road right of way which is improved for travel or for parking beside the portion of the road or street used for travel.
B. DRIVEWAY. The portion of a lot or parcel of real estate which is designed and surfaced for vehicular traffic or storage, has its beginning at the street, road, or alley and terminates at a building or garage or at a point where a building, other than a residence, or garage could be located. For commercial buildings, churches, schools, places of public gathering, and multi-unit residential structures the term driveway may also mean the entrance from the street, road or alley into an area designed for parking vehicles.
C. OUTSIDE PARKING. Storage of a vehicle or parking of a vehicle in other than a fully enclosed storage structure.
D. OUTSIDE PARKING AREA. An area utilized for or intended to be utilized for parking space and covered with a surfacing material.
E. SURFACING MATERIAL. Include only concrete paving, durable asphalt paving, brick or other equally permanent material installed to a depth and in a manner adequate to bear intended loadings. Within the limitations set forth in § 10.33, Subd. 2.H, gravel and other granular material is also included in the definition of surfacing material.
F. TEMPORARY STORAGE. Temporary storage of an unoccupied recreational travel trailer, vehicles, boats and trailers and the like will be permitted for a seven-month period of time of a given calendar year and within the limitations set forth in this section of side or rear yards of a private residence providing it meets zoning setback requirements.
G. VEHICLE or VEHICLES. Operable equipment for transportation of people, goods or material and equipment ordinarily used for recreational purposes. Included shall be, by way of example and not limitation, automobiles, trucks, pick-up trucks, trailers, marine crafts, snowmobiles, all terrain vehicles, motor homes, pick-up campers, buses, and camping trailers.
H. YARD. An open space other than a court yard, on a lot or parcel of real estate, unoccupied and unobstructed from the ground upward.
1. FRONT YARD. A yard extending across the full width of the subject property, the area between the front property line and the nearest exterior wall of the principal structure located on the subject property.
2. REAR YARD. A yard extending across the full width of the subject property, the depth of which is the minimum distance between the rear lot line and the nearest exterior wall of the principal structure located on the subject property.
3. SIDE YARD. A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and the nearest exterior wall of the principal structure located on the subject property.
I. If any provision of the Austin City Code defines a term and the definition is in conflict with the definition of the term as contained in this section, the definition most favorable to the City of Austin shall control.
Subd. 2. Off-street outside parking within residential districts.
A. Vehicle outside parking shall be accessory to the permitted primary use of the property, and vehicles parked on a property must be owned by a licensed resident of the property except as follows:
1. It is permissible for visitors to park at a residence.
2. Students who are away at school for periods of time but still claim the property as their legal residence shall be considered residents of the property.
3. Any motor truck, pick-up truck or similar vehicle being utilized by a public/private utility, moving company or similar business, which is actually being used to service a residence not owned by or occupied by the operator of the vehicle is permissible.
4. Any vehicle which is actually making a pick-up or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pick-up or delivery or in excess of two hours shall be unlawful.
B. The number of vehicles permitted for outside parking in rear yard and side yard areas shall be limited as follows:
1. Two currently registered passenger vehicles registered to the licensed owner/occupant of the residence may be parked in the rear or side yard areas.
2. In addition to currently registered passenger vehicles, two recreational vehicles may be temporarily stored in the rear yard. If a recreational vehicle is of a type which is required to be registered, it must be currently registered.
3. The primary structure on the residential property must be occupied to allow for outside parking of any vehicles as stated here within.
4. If there is no reasonable access to a rear yard parking area, one recreational vehicle may be temporarily stored/ parked on a parking area in a side yard or on a driveway. If a recreational vehicle is of a type which is required to be registered, it must be currently registered.
5. If a rear yard is served by an alley, or the lot or parcel of real estate on which the rear yard is located is serviced by a street, road or alley at two locations, it shall be considered to have reasonable access.
C. Outside parking of vehicles shall not be permitted in any portion of the front yard unless the vehicle is parked on a driveway or on a parking area directly adjacent to the side of the driveway. The square footage of the front yard which is devoted to green space shall always be as required by the applicable provisions of the City of Austin Zoning Ordinance.
D. A vehicle on a trailer shall be considered one vehicle.
E. A recreational vehicle which is parked shall not be occupied nor be provided with separate utility hook-ups.
F. All outside parking spaces, regardless of whether located in a front yard, side yard or rear yard, and access drives thereto shall be surfacing material as provided in this section.
G. Before a driveway or parking space in a front yard is surfaced, a site plan must be prepared. The site plan must be approved in accordance with the provisions of the Zoning Ordinance of the City of Austin, Minnesota. The lot must be developed in conformance with the approval of the Director of Community Development.
H. In a rear yard, grass or a granular material may be used as an outside parking surfacing material.
I. In a front yard, a driveway shall be surfaced with surfacing material. A driveway which is not so surfaced as of the effective date of this section may remain in the condition in which it is as of the effective date of the section until the driveway is rebuilt or resurfaced.
J. If a front line of a lot is bordered by an alley or public right of way as in the case of a through lot, no off-driveway parking shall be permitted in that adjacent yard area.
K. No vehicle shall be parked upon any boulevard except as provided in Subd. 3.B of this section.
Subd. 3. Outside parking in non-residential districts.
A. In all commercial, industrial, business and transitional zoning districts, all motor vehicles, agricultural and industrial equipment shall be stored within a building or be fully screened so as not to be visible from adjoining or adjacent lands and streets, except for the following:
1. Motor vehicles bearing current registration licenses, provided the vehicles are necessary for the operation of the business.
2. Licensed or unlicensed motor vehicles, agriculture or industrial equipment held for sale, distribution, repair or rent by authorized dealers or businesses.
3. Licensed or unlicensed motor vehicle, agricultural or industrial equipment used to obtain parts for repair of a customer's motor vehicle, agriculture or industrial equipment, provided that such equipment and/or motor vehicles are removed within 30 days after acquisition by authorized dealers and businesses.
4. Except as provided in Subd. 3.B of this section, upon adoption of this section, the outside parking of motor vehicles, agriculture and industrial equipment upon the public right-of-way shall be prohibited.
B. Exceptions for present uses. As of the effective date of this section, there are several commercial establishments and former commercial establishments which have, prior to the date of this section, been permitted to utilize the boulevard for parking. Provided the portion of the boulevard used by such establishments for parking is, as of the effective date of this section, paved with concrete or bituminous, such use shall be permitted to continue as the use exists on the effective date of this section. Nothing in this section shall be considered to grant to any user a property interest in the boulevard which would need to be acquired by the city if the street adjacent to the boulevard is widened as a part of repair or reconstruction of the street or rebuilt in a manner which impinges on the boulevard. The responsibility to maintain the portion of the boulevard used shall be the users. Premises liability insurance shall be provided by the user and the city shall be a named insured on the policy. Proof of such insurance shall be provided to the city.
Subd. 4. Procedure on violations. Any violation of this section is declared to be a nuisance. Upon ten days written notice to the owner of private premises on which such vehicle is found, as shown by the records in the office of the City Zoning Office or by the placarding of said vehicle, the city may remove the vehicle and certify the cost of such removal as any other special assessment.
(Ord. 518, Second Series, passed 2-22-05) Penalty, see § 1.99