ORDINANCE No. 24-003
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MANHATTAN AMENDING TITLE 10, SECTION 13 OF THE MANHATTAN MUNICIPAL CODE, TO COMPLY WITH TITLE 7, SECTION 12 OF THE MANHATTAN MUNICIPAL CODE
WHEREAS, the Town Council of the Town of Manhattan believes that revising the Town’s off-street parking ordinance as set out on the attached Exhibit A, is the interests of the health and safety of the citizens of the Town; and
WHEREAS, the Town Council finds that long term parking on public right of ways, streets, sidewalks, and public grounds are detrimental to the use, enjoyment, and value of property within the Town; and;
WHEREAS, §7-14-4102, MCA, provides, in part, the Town may regulate and prohibit traffic and sales upon the streets, sidewalks, street crossing, curbs, gutters, and public grounds and §61-12-101, MCA, provides that the Town can regulate the standing or parking of vehicles as long as the laws are not in conflict with state law; and
WHEREAS, §61-8-356, MCA, prohibits a vehicle from being left upon a right of way of a public highway for a period longer than 48 hours or upon a city street or state, county, or city property for a period longer than 5 days; and
WHEREAS, the Town of Manhattan has adopted Title 7 Section 12 of the Manhattan Town Code; and
WHEREAS, the intent of this ordinance is to bring Title 10 Section 13 into compliance with Title 7 Section 12; and;
WHEREAS, the Manhattan Town Council held a public hearing regarding the proposed changes on the 14th day of March, 2024;
WHEREAS, based upon the information presented at the public hearing, advice from the Town Attorney, and the recommendation from the Town's Planning Consultant, the Town Council voted to approve, the amendment, finding that the proposed amendments set out on Exhibit A meet all necessary criteria.
NOW THEREFORE, BE IT ORDAINED by the Town Council of the Town of Manhattan that the following amendments be made to the Municipal Code of the Town of Manhattan, effectively amending various provisions of Title 10, Section 13 of the Manhattan Municipal Code as set out in Exhibit A, attached.
REPEALER: All ordinances and parts of ordinances in conflict with provisions of this ordinance, except as provided above, are hereby amended or repealed.
EFFECTIVE DATE: This ordinance shall be in full force and effect thirty (30) days after final adoption by the Town Council of the Town of Manhattan.
SEVERABILITY: If any portion of this ordinance or the application therefore to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable.
PASSED BY the Town Council and approved by the Mayor of the Town of Manhattan, Montana, this 14th day of March 2024.
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Traig Howells, Mayor
ATTEST:
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Clerk/Treasurer
EXHIBIT “A” TO ORDINANCE NO. 24-003
Title 10, Chapter 13, Part 1
10-13-1: PURPOSE:
This chapter is intended to reduce the need for parking on streets and the traffic congestion and hazards caused thereby, and to provide for off-street parking adequate to each type of development, in terms of both amount and location. (Ord. 253, 12-1-1998)
The plan for the proposed parking area shall be submitted to the Office of the Zoning Administrator at the time of the application for the zoning permit. The plan shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping, construction details and other features and appurtenances required:
A. Use Limited: Accessory off-street parking, required for the uses specified in this chapter, shall be for use only by automobiles of employees, customers and residents of the activity served. (Ord. 253, 12-1-1998)
1. Parking For Camping Purposes: It shall be unlawful for any person to camp or sleep in a vehicle, motor home, camper trailer, camper or recreational vehicle, whether self-propelled, towed, or hauled, parked on any public parking lot or private parking lot without express written permission from the private parking lot owner, street or alley way within the Town except when in compliance with Title 7 Chapter 12 of the Manhattan Town Code.
2. Single Family Residential Lot Exception: The owner of a single-family residential lot may allow one or more persons to camp or sleep in a parked motor home, camper trailer, camper or recreational vehicle located on the single family residential lot on two (2) separate occasions per calendar year for periods not to exceed thirty (30) days total, with a permit from the Town. A permit will be required for any stay in excess of seven (7) days.
3. Parking On a Single-Family Residential Lot: No more than one motor home, camper trailer, camper or recreational vehicle shall be allowed on a single-family residential lot at one time.
4. Unacceptable Parking: No part of the motor home, camper trailer, camper or recreational vehicle shall be parked on or extend over any public property or right-of-way, including any street, alley, boulevard, sidewalk, or park.
5. Sewer System and Gray Water Restrictions: The motor home, camper trailer, camper or recreational vehicle shall not be connected to the Town of Manhattan sewer system and shall not release gray water or any other type of waste or substance upon the ground.
6. Camper Unit Storage: Property owners in residential zoning districts are permitted to park one camper unit upon their property for the purpose of storage of the unit.
7. Violations: Violations of this subsection A will be in accordance with section 10-1-3, "Violation", of this title. (Ord. 18-001, 4-12-2018)
B. Location: Off-street parking requirements shall be met on the same lot as the building being served or on a lot within three hundred feet (300') especially reserved for such uses, except that off-street parking facilities for separate uses may be provided collectively on a separate lot, if the spaces are not less than the total requirements of the separate uses and provided that other requirements are met.
C. Size Of Spaces: An off-street parking space shall be at least nine feet (9') in width and at least twenty feet (20') in length, exclusive of access drives, yards, or ramps.
D. Screening: All open parking areas with four (4) or more parking spaces shall be effectively screened by a wall, fence or landscaping from any property in a residential district.
E. Lighting: No lighting used to illuminate parking areas shall face any residential property in any district.
F. Paving: All off-street parking spaces, access drives, loading areas and ramps shall be paved with asphalt or concrete designed to meet current engineering standards. (Ord. 253, 12-1-1998)