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City Council Ordinance 851 (Parking)ORDINANCE 851 AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153.044 AND 153.067, RELATED TO REQUIREMENTS REGULATING THE PARKING OF PASSENGER VEHICLES THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. Section 153.044 (G)(4)(d) is hereby amended to read as follows: 2. A commercial use which demonstrates an adequate amount of available parkinq is eligible to pFepese t^ „aFy � h^ r�n��iromnRts ^f this see ieR :�„ deferring its Fequiread .,4 StFeet supply aria contributes g to the public parking fund in lieu of providing all or a portion of the off street-parkinq as required by this ordinance. , nt Vm , nt'S primate ^„tee. "Adequate amount" shall be established by the city on a case -by -case basis in review of the applicant's individualized parking study;. Such study-b-ut shall be required for pavment-in-lieu to the public parkinq fund and shall include the following elements, as a minimum: (1) an examination of the public parking supply located within 450 feet of the establishment's property, measured from the boundary of the subject property in a straight line to the public parkinq facilities eemmenly available fer- ---Se- by the pFepesed business dwFing its peak usage hours; (2) the likely demand placed on said supply by the proposed business based on contemporary resources for parking utilization; and (3) an estimate of competing demand on said supply. The Community Development Department may request additional information to support the onalvsis of the study, and shall render an opinion as to the sufficiency of the public parkinq supply within 15 business days followinq the submission of all requested study materials. SECTION 2. Section 153.044 (G)(4)(d) is hereby amended to read as follows: 3. An existing business non-residential land use, as of the date of this chapter, which has a parking supply which is substandard according to § 153.067 - Off -Street Parking, shall be considered a legal nonconformity. The h��essnon- residential land use may expand or change to another business land use that increases the parking supply deficiency only by approval of a Conditional Use Permit for Joint -parking and/or Cross-parkinq, or if necessary, participatinq in the CCD parking fund, according to the requirements of this Section and §153.067(E)(4)(c) for such deficiency. The parkinq deficiency applicable to such new or expanded non-residential land use occupant shall be calculated based on the existinq available parkinq on -site and shall not "grandfather" the prior deficiency. SECTION 3. Section 153.067, Table 4-7, MINIMUM OFF-STREET PARKING SPACES BY USE, is hereby amended to read as follows: Restaurants. gros os; Kits"^n n pe_a. 1.0 spar-,, fnr ci;46h 49 squaFe 1.0 space for each 3 seats of seatinq capacity as determined by the Buildinq Code. Seasonal outdoor seatinq shall be exempt from the application of off- street parkinq requirements, provided such seatinq does not occupv required off-street parkinq spaces. SECTION 4. Section 153.067 (E)(4)(c) is hereby amended to read as follows: 1. Where the city finds that there will be adequate opportunity to provide public parking in the vicinity of the subject property, and at the city's option, the owner shall pay into a "CCD" parking fund an amount as established by City Council Resolution. Said fund shall be used for the acquisition, construction, and/or maintenance of publicly - owned parking in the "CCD" district. Eliqibilitv for this payment -in -lieu shall be determined based on the availability of an adequate amount of parkinq per Section 153.044(G) of this ordinance. SECTION S. Section 153.067 (G) is hereby amended to read as follows: (3) Joint facilities for commercial, industrial & civic/institutional uses. A conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one 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. Notwithstandinq other provisions of this section, includinq Subd. (G)(3)(a), (G)(3)(b), fG)(3)(c), and (G)(3)(d), for uses in the CCD, the Communitv Development Department shall determine the compatibility of uses qualifvinq for joint parkinq facilities, and the appropriate levels of ioint use. Except as allowed herein, 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: SECTION 6. Section 153.067 (G)(3)(e) is hereby amended to read as follows: (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 36&450 feet of such parking facilities for each full space to be credited. Anv proposed joint parking space more than 450 feet, but within 800 feet, of the subject property shall be counted as one-half space. ;.vith the felle iRg eme�Ren- Fer-heatFc leeate in t4e Distances shall be measured from the nearest boundary of the subject property in a straight line to the proposed parkinq space; anv parking space or portion of a space shall be eligible to be counted. SECTION 7. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title XV, Chapter 153, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. SECTION 8. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall. Adopted by City of Monticello City Council on this 91h day of June, 2025. Llo6 i gart, ayor ATTEST: i1 AYES: Christianson, Gabler, Hilgart, Hinz, and Martie NAYS: None