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City Council Ordinance 506ORDINANCE NO. 506 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10, CHAPTERS 2 AND 3 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, RELATING TO PARKING AND STORAGE OF VEHICLES ON A RESIDENTIAL PROPERTY, INCLUDING THE REGULATION OF (A) PASSENGER AND RECREATIONAL VEHICLES, (B) EMERGENCY VEHICLES, AND (C) COMMERCIAL VEHICLE PARKING. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Chapter 2, Section 2 -2 is hereby amended to add the following definitions: [PB I] PARKING: The act of keeping a passenger vehicle as defined herein on an approved parking space, properly surfaced, for a temporary period of time. [PC1] PAVED: A parking space or storage space which is surfaced with only the following materials: Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete pavers, provided such pavers have a flat surface area of no less than nine square inches. [SQ] SURFACED: A parking space or storage space which is paved, or surfaced with crushed rock, such as Class V limestone, crushed or decomposed granite, "con- bit ", or landscaping rock of adequate durability to support the load parked or stored thereon. [UAl ] UNSURFACED: A storage space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the City's weed control regulations. Unsurfaced space may not include bare ground which maybe subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway. [VC] VEHICLE, EMERGENCY: For the purpose of evaluating vehicles which may be parked in residential areas, the term emergency vehicle shall include ambulances, police and sheriff's department vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles. [VD] VEHICLE, PASSENGER: A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick -up trucks and sport- utility vehicles of less than 9,000 pounds gross vehicle weight, pick -up trucks and sport- utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles. [VE] VEHICLE, RECREATIONAL: (1) A vehicle that is used primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self - propelled, carried on, or towed behind a self - propelled vehicle. (2) Operable recreational equipment that is not licensed for used on the public roadway, but used off -road, such as all- terrain vehicles, boats, off -road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing. (3) Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one (1) piece of equipment for the purposes of this section [VF] VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a semi - tractor and/or semi - trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a "Small Commercial Vehicle ". [VG] VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes, including pick -up trucks and sport- utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height, and 8.5 feet in width. [VH] VEHICLE STORAGE: The act of keeping a recreational or commercial vehicle as defined herein on a parcel in an eligible storage location for an extended period of time without regular use, and with proper surfacing or maintenance of the groundcover as required. Section 2. Chapter 2, Section 2 -2 is hereby amended to change the following definitions: [YB] YARD, FRONT: An open space on a lot lying between the front line of the principal building and the front lot line. The front yard shall include space adjacent to the side lot line which lies in front of the front building line closest to the side lot line in question. When, due to unique characteristics of a lot or building, a particular open space may be considered to be either front yard or side yard, the open space in question shall by default be considered to be a portion of the front yard. [YC] YARD, REAR: An open space on a lot lying between the rear line of the principal building and the rear lot line. The rear yard shall include space adjacent to the side lot line which lies in back of the rear building line closest to the side lot line in question. When, due to unique characteristics of a lot or building, a particular open space may be considered to be either rear yard or side yard, the open space in question shall by default be considered to be a portion of the rear yard. [YD] YARD, SIDE: An open space on a lot lying between the side lot line and the closest side building wall, except that where space may be considered to either side yard an either front or rear yard, it shall by default be considered to be classified as front or rear, as applicable. Section 3. Chapter 3, Section 3 -2 [M] is hereby amended to read as follows: 3 -2 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS [M] REFUSE: Please refer to City Code, Title 7, Chapter 1, Public Nuisances. Section 4. Chapter 3, Sections 3 -2 [N] 2. and 3 -2 [N] 3. are hereby amended to read as follows: 3 -2 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS [N] EXTERIOR STORAGE: All materials and equipment expect as provided for in Chapters 5 through 19 of this ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: 2. Recreational equipment and vehicles, subject to the parking and storage regulations in Section 3 -5 of this ordinance. 4. Off-street parking of passenger vehicles, emergency vehicles and -small commercial vehicles in residential areas, unless otherwise required to be screened according to Section 3 -5 of this ordinance. Section 5. Chapter 3, Section 3 -5 [D] 7. is hereby amended to read as follows: 3 -5 OFF STREET PARKING REQUIREMENTS [D] GENERAL PROVISIONS Parking and /or storage of passenger vehicles, recreational vehicles and equipment, emergency vehicles, and small commercial vehicles shall conform to the requirements of Figure 3 -5 -1 and Figure 3 -5 -2. Under no circumstances shall large commercial vehicles be parked or stored in residential zoning districts, or on property that is used for residential purposes. For the purposes of Figures 3 -5 -1 and 3 -5 -2, emergency vehicles shall be treated as "small commercial vehicles ", but without limitations as to size. Section 6. Chapter 3, Section 3 -5 [D] is hereby amended by inserting Figure 3 -5 -1 after Section 3 -5 [D] 7. Section 7. Chapter 3, Section 3 -5 [D] is hereby amended by inserting Figure 3 -5 -2 after Figure 3 -5 -1. Section 8. Chapter 3, Section 3 -5 [D] 9.(k) is hereby amended to read as follows: 3 -5 OFF STREET PARKING REQUIREMENTS [D] GENERAL PROVISIONS 9. STALL, AISLE, AND DRIVEWAY DESIGN: (k) SURFACING: Paving and surfacing requirements for parking and storage of passenger vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and two - family dwellings shall be as found in Figures 3 -5 -1 and 3 -5 -2. Except in the case of single family and two - family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed by the City Engineer and subject to his approval. City staff may waive this requirement it is determined that the drainage plans do not merit further study by the City Engineer. Staff determination in this regard shall be based on size of parking surface area, simplicity of design plan, and proximity /accessibility to existing storm sewer facilities. EXCEPTIONS: See D.9 (s) Stall Aisle and Driveway Design Conditional Use Permit. Section 9. Chapter 3, Section 3 -5 [F] 3. through 8. are hereby amended to read as follows: 3 -5 OFF STREET PARKING REQUIREMENTS [F] LOCATION: All accessory off - street parking facilities required by this ordinance shall be located and restricted as follows: For single family and two family dwellings, off - street parking on a paved driveway within fifteen (15) feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. 4. For single family and two family dwellings, the part of a paved driveway within boulevard portion of the street right -of -way shall only be used for parking in a manner that does not block any public sidewalk or pathway. 5. SETBACK AREA: Except for single family and two - family dwellings, required accessory off - street parking shall not be provided in front yards or in side yards in the case of a corner lot in R -1, R -2, R -3, PZ, and B -1 Districts. For single and two - family dwellings, setback and location requirements shall be located as found in Figures 3 -5 -1 and 3 -5 -2. 6. In the case of townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open paved space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. For single family and two- family dwellings, parking shall be located as found in Figures 3 -5 -1 and 3 -5 -2. In the case of single family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one (1) open surfaced space located on the side of a driveway away from the principal use as shown in Figures 3 -5 -1 and 3 -5 -2. Said extra space shall be surfaced as required by Figures 3 -5 -1 and 3 -5 -2. In the case of single family dwellings, parking in the side yard shall be allowed on a surfaced space as shown in Figures 3 -5 -1 and 3 -5 -2. Section 10. This ordinance shall become effective from and after its passage and publication according to law. MONTICELLO CITY ORDINANCE NO. 506 Figure 3 -5 -1: Diagram Passenger Recreational Emergency Small Other Notes Area Vehicles Vehicles Vehicles Commercial Key (See Section (see Section (see Section Vehicles 2 -2 for 2 -2 for 2 -2 for (see Section definition) definition) definition) 2 -2 for definition Driveway A Any number; One such One such Any number; leading directly vehicle; vehicle; into a garage within the front Paved Paved Paved Paved yard of a lot. Parking space B One passenger One such One such One passenger adjacent to the or small vehicle, if it is vehicle; or small driveway commercial the only such commercial within the front vehicle; vehicle within vehicle; yard of a lot. the front yard Paved Paved Surfaced Paved Other portions C No No No No of the front yard Side yard, D Yes, within a Yes within a Yes, within a Yes, within a Must maintain adjacent to space space consisting space space minimum 3 foot garage side of consisting of of the 15 feet consisting of consisting of setback to side lot structure the 15 feet adjacent to the the 15 feet the 15 feet line in all cases. adjacent to the building. adjacent to the adjacent to the building. building. building. Unsurfaced Surfaced Surfaced Surfaced Side yard more E No No No No than 15 feet from garage Side yard on F No No No No opposite side of house from garage Side yard on G Yes, within a Yes within a Yes, within a Yes, within a Must maintain corner lot space space consisting space space minimum 3 foot facing a public consisting of of the 15 feet consisting of consisting of setback to side lot street the 15 feet adjacent to the the 15 feet the 15 feet line in all cases. adjacent to the building. adjacent to the adjacent to the This space may building. building. building. encroach to within Unsurfaced 5 feet of the right Surfaced Surfaced Surfaced of way, provided screening is included Rear yard H NO Yes No No No current limit to number of such Unsurfaced vehicles — must maintain a 3 foot setback to lot line MONTICELLO CITY ORDINANCE NO. 506 Fire 3 -5 -2 (not to scale Adopted by the City Council of the City of Monticello on the 23`d day of November, 2009. Clint erbst, Mayor ATTEST: Inc/ (2L. ,G' e Voting in Favor: Mayor Clint Herbst, Councilmember Glen Posusta, Councilmember Susie Wojchouski Voting in Opposition: Councilmember Brian Stumpf, Councilmember Tom Perrault