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(A) Generally. Amendments may be made in the approved final plan when they have shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
(1) Minor changes in location, siting, and height of buildings and structures may be authorized by the Zoning Administrator if requested, and if caused by unforeseen circumstances and if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure any more than 10% than originally proposed in the preliminary PUD plan.
(2) All other changes, including but not limited to use, rearrangement of lots, blocks and open space must be authorized by the Planning Commission and City Council under procedures outlined in the preliminary PUD plan, following a public hearing, with amendments to the recorded copy of the final plan, following Council approval. It could leave questions later on that it wasn't listed in the ordinance.
(B) Annual review. The Zoning Administrator shall review each PUD at least once each year and shall make a report through the Planning Commission to the City Council on the status of the development in each PUD Overlay District. If development is not progressing reasonably well, according to schedule, the owner shall be required to submit a statement to the Zoning Administrator setting forth the reasons for the lack of progress. If the City Council finds that the development has not occurred according to the establishing development schedule or is not otherwise reasonable in the view of the City Council, the City Council may initiate rezonings to remove the PUD Overlay District in any event. It shall not be necessary for the City Council to find the rezoning to a PUD Overlay District was in error.
(Ord. 2013-05, passed 5-20-2013)
A comprehensive list of all existing PUD overlay districts as approved by the City Council can be found at City Hall. Each area zoned PUD is numbered in chronological order based on the date of original adoption followed by a brief description of the location.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-01, passed 2-3-2020)
OFF-STREET PARKING AND LOADING SPACES
Regulation of off-street parking and loading space is necessary to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public. Regulation is accomplished by establishing minimum requirements for off-street parking of vehicles and loading and unloading operations associated with their use for the uses regulated by this subchapter by analysis of the intensity, duration, time and style of utilization of the land or structures in or from which each use is conducted and in the case of the C-2, Central Business District, the development history, on-street parking and public parking available.
(Ord. 2013-05, passed 5-20-2013)
The regulations and requirements set forth in this subchapter shall apply to all districts. Application for all occupancy permits shall be accompanied by a site plan drawn to a readable scale which indicates the location of off-street parking and loading spaces on the site for which the occupancy permit is requested.
(Ord. 2013-05, passed 5-20-2013)
(A) Permits prior to effective date. Structures or uses for which a permit has been issued prior to the effective date of this subchapter which are not completed on its effective date shall be exempt from the parking requirements of this subchapter if the structure is completed within 6 months after the effective date of this subchapter. In such cases, the parking and loading facilities provided for the structure or use must comply with the subchapter requirements which were in effect at the time the permit was issued.
(B) Reduction of existing off-street parking space. Off-street parking spaces and loading spaces existing upon the effective date of this subchapter shall not be reduced in number unless their number exceeds the requirements imposed for a similar new use by this subchapter; however, if the existing parking meets the requirements the number of parking spaces may be reduced by 8% for the purpose of establishing landscaping.
(C) Floor area. Floor area shall mean gross floor area as defined in § 154.020. However, indoor parking and indoor loading spaces shall not be counted as part of the floor area of a structure for the purpose of computing the number of parking or loading spaces which are required.
(D) Design capacity. When a building's design capacity is used for purposes of calculating requirements for off-street parking spaces, that design capacity shall be determined by occupancy loading as specified in the International Building Code.
(E) Benches in places of public assembly. In stadium, sports arenas, structures of religious institutions, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 28 inches of such seating shall be counted as 1 seat for the purpose of determining the requirements for off-street parking where the parking requirement is calculated by application of a formula based on the total number of seats.
(F) Calculating space. When the calculation of the number of off-street parking spaces results in a fraction, each fraction of ½ or more shall require another space.
(G) Use of parking facilities. Required off-street parking facilities in a residential district may be utilized only for parking passenger automobiles; however, 1 truck not exceeding 1.5 ton capacity may be parked by the occupant of each dwelling unit on the resident's property inside a building. No required parking facilities or public street in a residential district shall be used for open-air storage of commercial vehicles, customer's vehicles, or vehicles belonging to employees, owners, tenants or customers of business or manufacturing establishments. No required off-street parking facility in a residential district shall be utilized for storage of boats, other recreational vehicles, or any junk, inoperable, or unsightly vehicles or materials.
(H) Location of parking facilities. Required off-street parking in the RR, R-l, R-2, and R-3 Districts shall be on the same lot as the building housing the principal use, except in the cases of:
(1) A religious institution.
(2) Condominium developments where off-street parking is designed on a lot, or within a garage on a separate parcel but within the same condominium development.
(I) Calculating space for a compound use. Should a structure contain 2 or more types of uses, the total off-street parking spaces required for each use shall be calculated separately unless requirements for joint parking arrangements can be applied and an agreement is executed in a form acceptable to and approved by the city.
(J) Joint parking facilities. Off-street parking facilities may be provided collectively in any district for more than 1 structure or use, if the following conditions are met.
(1) The applicant can demonstrate to the Zoning Administrator that because of the hours, size, and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use.
(2) The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lot or lots on which the parking facility which satisfies the parking requirement of this section is provided. Those covenants shall grant a perpetual easement for parking to the joint principal use lots. The form, manner of execution, and content of such covenants must be approved by the City Attorney and the document containing the covenants must be recorded with the County Recorder or the Registrar of Titles for Scott County.
(3) Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum ordinance requirements for the use which requires the most parking.
(K) Use of parking area. Required off-street parking spaces and the driveways providing access to them shall not be utilized for storage, display, sales, rental, or repair of motor vehicles or any other goods, the storage of inoperable vehicles, or the storage of snow.
(L) Conversion of garage space. No person shall alter a garage to living space in any district, unless other legal provisions are made to provide the required parking for the lot. Unless alternative provisions in compliance with this section 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.
(M) Parking within structures. Off-street parking requirements may be furnished by providing a space so designed within the principal building or detached accessory structure.
(N) Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking and loading area shall not be permitted until there is furnished such additional parking and loading areas as required by this chapter.
(Ord. 2013-05, passed 5-20-2013)
(A) Access and location. Parking areas shall be designed to provide access to a public alley or street. Driveway access shall not exceed 22 feet in width in residentially zoned areas, and may not exceed 32 feet in width in commercial and industrial zoned areas without the permission from the City Council, and shall be so located at a place which will cause the least interference with traffic movement. Required parking shall not encroach or be located within the public right-of-way.
Driveways and Private Roads
| |
Type of Driveway or Private Road | Minimum Width |
Two-way traffic with no parking lanes | 24' |
One way traffic and fire lanes | 20' |
Drive-up windows not necessary for fire truck access | 14' |
Parking lanes | 6' |
(B) Parking spaces. Each parking space shall not be less than those shown in the table below exclusive of access drives. Each parking space shall be served by access drives which shall have the minimum dimensions provided in the following table. Each parking space shall be located by striping on the concrete or asphalt surface.
Parking Lot Dimension Table for Full Size Cars | |||
Angle | Stall Width | Length | Length Aisle |
45
|
9'
|
18'
|
14' 1 way aisle only
|
60
|
9'
|
18'
|
18' 1 way aisle only
|
75
|
9'
|
18'
|
22' 1 way aisle only
|
90
|
9'
|
18'
|
24' 2 way aisle
|
Parallel
|
10'
|
22'
|
24' 2 way aisle |
(C) Handicapped parking spaces. The size, number, and location of stalls reserved for "Parking for the Handicapped" shall be provided as required by state and federal regulations. Signs bearing the required legend shall be erected to identify those spaces. Disability accessible parking spaces shall be provided as applicable pursuant to M.S. § 168.021, as may be amended.
(D) Turn-around. All parking areas except those serving 1 and 2 family dwellings on local streets shall be designed so that cars do not have to back into the public street.
(E) Surfacing. All driveways and all of the area intended to be utilized for parking space for 3 or more vehicles shall be surfaced with a minimum of 2 inches of bituminous paving on a suitable base, or 6 inches of non-reinforced concrete or equivalent material approved by the city. Decorative concrete interlocking pavers on a suitable base may also be used in parking lots. In areas where parking spaces are used on the average of 2 or fewer days per week, grass road pavers, Ritter rings or other such pavers may be used which permit the growth of ground covers and the infiltration of surface water. Such pervious paving material shall be approved by the city.
(F) Drainage. There shall be adequate drainage of the surface of the parking or paved area to a public storm sewer or to other approved means. Plans for surfacing and drainage of all parking lots for 20 spaces or more or paved areas of 6,000 square feet or more shall be approved by the city.
(G) Lighting. All parking lots containing parking for 20 vehicles or more shall provide an average horizontal illumination of between 0.4 and 1.0 foot candles. All lighting shall comply with the performance standards.
(H) Traffic islands. Raised islands shall be landscaped and provided at the end of any parking row where it abuts vehicle circulation for traffic control. Raised islands shall also be provided to separate pedestrian and vehicular traffic. Based on the total number of parking spaces, the Zoning Administrator may require more traffic islands and shall be determined as part of the site plan review.

(I) Curbs. A poured in place, concrete curb measuring at least 6 inches above and below the grade shall be provided around the periphery of all parking lots designed for 6 or more cars. Such poured in place concrete curb is required along all internal access roads. Curbs or other means shall be provided to prevent parked vehicles from overhanging property lines.
(K) Yard.
(1) Parking areas shall be subject to the requirements of the front yard and side yard abutting a street or on a corner provided in the district in which the parking is located; except that in the R-1, R-2, and R-3 Districts, parking for a detached single-family, 2-family house, or townhouse shall be permitted in the front yard under the following conditions:
(a) There is no other location on the lot where parking is practical.
(b) Total parking and driveway area does not occupy more than 40% of the front yard area.
(2) Off-street parking areas located in front yards or in side yards which abut a street may not be located within the setback areas for principal structures, as provided in the district regulations for the district in which the parking is located.
(L) When it can be demonstrated that no other alternative exists to provide required off-street parking, and the parking is located between a front lot line or a side lot line abutting a street and building in the I-1 or I-2 Districts, the off-street parking area may extend to within 10 feet of the lot line with the following conditions:
(1) The parking shall be for at least 6 vehicles.
(2) A solid bumper, curb, or fence not more than 3½ feet in height shall be constructed in such a position and such a manner that no part of a parked vehicle can extend into the yard setback area.
(M) Parking space abutting residential use districts. When a parking lot for 6 or more vehicles is located abutting a residential district or residential developed property, a landscaped side yard consisting of evergreen trees and shrubs and other plant material capable of measuring at least 3 feet high within 2 years after being planted shall be planted.
(N) Maintenance of off-street parking space. The owner and tenant shall maintain the parking space, access ways, landscaping, setback areas, and required fences in a neat and adequate manner.
(O) Compact car spaces. Up to 20% of the parking spaces in a parking lot may be permanently marked for compact cars only, provided that:
(1) The parking lot contains 80 or more off-street parking spaces.
(2) All compact car spaces are a minimum of 8 feet in width and 16 feet in length.
(3) Signs and markings, as approved by the city, are placed and maintained in each compact car space.
(4) All required off-street parking aisle widths are maintained.
(5) The compact car stalls shall not displace preferred disability accessible parking stall locations.
(6) 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.
(P) Cart storage. Retail commercial uses shall 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 the 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.
(Q) Drive-through windows. Service windows shall be allowed subject to the following requirements:
(1) Stacking. Not less than 180 feet of segregated automobile stacking lane shall be provided for the service window, unless specifically otherwise approved by the City Engineer.
(2) Traffic control. The stacking lane and its access shall be designed to control traffic in a manner to protect the pedestrians, buildings, and green area on the site.
(3) Use of street. No part of the public street or boulevard may be used for stacking of automobiles.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-01, passed 2-3-2020; Am. Ord. 2020-03, passed 6-1-2020)
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