§ 210.04 GENERAL PROVISIONS.
   (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, structure or use times the number of floors, minus 10%, except as may hereinafter be provided or modified.
   (B)   Added floor area. Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this title, June 7, 2011, additional parking spaces for the additional floor area shall be provided and maintained in amounts hereafter specified for that use.
   (C)   Reduction of existing off-street parking space or lot area. Off-street parking spaces or lot area existing upon the effective date of this title, June 7, 2011, shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.
   (D)   Loading space and drive aisles. Loading space and drive aisles shall not be construed as supplying off-street parking space.
   (E)   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.
   (F)   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)   If the existing number of parking spaces provided for a shopping center does not conform to the required number of parking spaces, when a tenant vacates the shopping center, 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 shopping center.
   (G)   Disability accessible parking. Disability accessible parking spaces shall be provided as applicable pursuant to Minnesota Statutes, as may be amended.
   (H)   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)   Except as may be otherwise allowed by this title, on and off-street parking facilities accessory to a residential use shall be utilized solely for the parking of licensed and operable motor vehicles not to exceed 22 feet in length and 8 feet in height; and recreational vehicles and equipment. Exceptions, for cause and in compliance with the intent and purpose of this title, may be approved by the Zoning Administrator as an administrative permit according to Chapter 198 (Administrative Permits and Approvals).
      (3)   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.
      (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.
      (5)   Off-street parking facilities for dwellings shall be provided and located on the same lot or parcel of land as the building they are intended to serve.
      (6)   Unless alternative provisions in compliance with this chapter and title are made, no building permit shall be issued and no person shall alter said parking structure to be used as a dwelling unit or other activity such as the storage of goods and materials.
   (I)   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.
   (J)   Curb cut and/or driveway location and adjacent driveway spacing. Curb cut and/or driveway locations and driveway access spacing shall meet the following setbacks:
MINIMUM CURB CUT/DRIVEWAY DISTANCE FROM INTERSECTING STREET
Nearest Intersecting Street
Minimum Spacing Between Adjacent Driveways
Street With Proposed Driveway
Local Street
Minor Collector
Major Collector
Arterials
MINIMUM CURB CUT/DRIVEWAY DISTANCE FROM INTERSECTING STREET
Nearest Intersecting Street
Minimum Spacing Between Adjacent Driveways
Street With Proposed Driveway
Local Street
Minor Collector
Major Collector
Arterials
Local Street
 
 
 
 
 
   Residential
Indiv. Com./Indust./Instit./M.F.
Multiple Commercial
40 ft.
50 ft.
90 ft.
40 ft.
50 ft.
90 ft.
50 ft.
90 ft.
125 ft.
50 ft.
90 ft.
125 ft.
--
50 ft.
100 ft.
Minor Collector
 
 
 
 
 
   Residential
Indiv. com./Indust./Instit./M.F.
Multiple Commercial
40 ft.
50 ft.
90 ft.
40 ft.
50 ft.
90 ft.
50 ft.
90 ft.
125 ft.
50 ft.
90 ft.
125 ft.
--
50 ft.
100 ft.
Major Collector
 
 
 
 
 
   Residential
   Indiv. com./Indust./Instit./M.F.
   Multiple Commercial
NP
90 ft.
125 ft.
NP
90 ft.
125 ft.
NP
220 ft.
220 ft.
NP
220 ft.
220 ft.
NP
200 ft.
200 ft.
Arterials
 
 
 
 
 
   Residential
   Indiv. com./Indust./Instit./M.F.
   Multiple Commercial
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
660 ft.
NP
230 ft.
230 ft.
NP = Not permitted
 
      (1)   The land uses identified in the aforementioned table reflect the site zoning designation.
      (2)   Residential land uses identified in the aforementioned table are limited to single-family, two-family and townhome dwellings.
      (3)   Street functional classification shall be defined by the Comprehensive Plan.
      (4)   The setback measurement shall be measured from the edge of the street right-of-way to the nearest edge of the curb cut.
      (5)   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. Approval is also subject to the conditions of § 210.04(H)(6) (General Provisions) of this title.
      (6)   Location of driveways less than the distances specified in the aforementioned table. Exceptions to the curb cut location and driveway access standards identified in § 210.04(H) (General Provisions) of this title are subject to approval of the City Engineer. 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.
      (7)   Curb cut/driveway location setback. Curb cuts or driveways shall be a minimum of 5 feet from the side property lines in all districts.
      (8)   Number of curb cuts or driveway accesses allowed. Each property shall be allowed one curb cut or driveway access for each 125 feet of street frontage unless an administrative permit is approved by the Zoning Administrator according to Chapter 198 (Administrative Permits and Approval) of this title. All property shall be entitled to at least one curb cut or driveway. Single-family uses shall be limited to one curb cut or driveway access per property unless an administrative permit is approved by the Zoning Administrator. Administrative permits for additional curb cuts shall be subject to the following criteria: All properties shall be entitled to at least 1 curb cut or driveway access. Single-family uses shall be limited to 1 curb cut or driveway access per property. A second curb cut or driveway access may be permitted by the City Council if:
         (a)   The additional access is necessary to provide adequate on-site circulation.
         (b)   Impervious surface lot coverage requirements are met.
         (c)   The additional access shall create a minimum of conflict with through traffic movement and shall comply with the requirements of this chapter.
      (9)   Site access will not be permitted within right turn lanes or taper areas of a street.
      (10)   As applicable, permits shall also be required from Chisago County and the Minnesota Department of Transportation.
   (K)   No sign shall be so located as to restrict the sight, orderly operation, and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area. Such signs shall not be considered part of the permitted advertising space and shall be subject to Chapter 207 (Signs) of this title.
   (L)   Parking deferment. The City Council may allow a reduction in the number of required parking stalls for commercial, industrial, and institutional uses provided that:
      (1)   The proposed use will have a peak parking demand less than the required parking under § 210.08 (Number of Spaces Required) of this title. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to:
         (a)   Size of building.
         (b)   Type and use.
         (c)   Number of employees.
         (d)   Projected volume and turnover of customer traffic.
         (e)   Projected frequency and volume of delivery or service vehicles.
         (f)   Number of company owned vehicles.
         (g)   Storage of vehicles on-site.
         (h)   The on-street parking available by the site.
         (i)   The expected usage of the site and parking demand.
         (j)   Surrounding land uses and zoning districts.
      (2)   In no case shall the amount of parking provided be less than one-half of the amount of parking required by § 210.08 (Number of Spaces Required) of this title.
      (3)   The site has 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.
      (4)   On-site parking shall only occur in areas designed and constructed for parking in accordance with this chapter.
      (5)   The applicant and city enter into a site performance agreement according the requirements of Chapter 202 (Site Performance Agreement) of this title, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking stalls, upon a finding of the Zoning Administrator that such additional parking stalls are necessary to accommodate the use.
      (6)   A change of use will necessitate compliance with the applicable zoning ordinance standard for parking.
(Ord. 2011-06-07A, passed 6-7-2011)