Stillwater Yard Parking Ordinance Amendment

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    PLANNING COMMISSION

    MEETING DATE: February 10, 2016 CASE NO.: 2016-4

    REGARDING: Consideration of adoption of new regulations pertaining to parkingvehicles on yard areas.

    PREPARED BY: Abbi Jo Wittman, City Planner

    BACKGROUND

    Over the last few months the Planning Commission has been working on draft regulations thatwould fulfill the direction of the City Council to address the parking of vehicles on yards. Atthe Commissions last regularly-scheduled meeting the Commission held a public hearingregarding potential modifications to the City Code which would restrict parking of vehicles onyard areas, define designated parking areas on properties, and identify improved surfacingrequirements for designated parking areas. In the public hearing, the Commission receivedpublic testimony regarding the proposed amendments. After closing the public hearing theCommission discussed the draft ordinance and provided direction for staff to develop:

    1. A standard for the installation of pavers for off-street parking spaces.2. A standard for the installation of gravel off-street parking spaces.

    3.

    A provision to allow for variation of the material for off-street parking spaces anddriveways.

    PROPOSED ORDINANCE AND COMMISSION DISCUSSION

    Staff is proposing the attached modifications to the City Code pertaining to the standards andregulations for parking on yard areas; please see the legislative version for a completedescription of all modifications proposed. As the Commission will notice, the proposedordinance does not address parking pads, maximum parking pad size nor any specific referenceto where a parking pad may be located. In drafting the ordinance, staff aimed to work withinthe existing off-street parking and loading regulations to the greatest extent possible. In doing

    this, staff was able to make minimal modifications to the regulations while meeting thedirection of the City Council.

    Attached to this memo is a legislative version of City Code Section 31-510, Off-street parkingregulations. As directed by the Commission, staff has added in the following based on theCommission direction:

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    Yard Parking ZATCPC: 2/10/2016Page 2 of 2

    Provisions for the maintenance of existing gravel driveways1; and Standards for the construction of paver driveways and off-street parking facilities; and Standards for the construction for gravel off-street parking facilities1; and A provision to allow for alternative materials by approval of the Public Works Director;

    and Maintenance of a driveway that is not in conformance with the side yard setback has

    been added. This would allow for existing driveways to be maintained as they are.However, this will not allow for the expansion of the nonconformity (i.e. to go closer tothe property line.

    As previously indicated to the Commission, the draft ordinance does also include the creationof a driveway permit. Details of what would be required for the driveway permit approval donot need to be codified. However, if the provision for driveway permits is adopted, amodification to the Citys fee schedule will need to be made. Additionally, it has yet to bedetermined how the driveway permit process will be implemented.

    The Commission should discuss whether or not the proposed ordinance addresses the concerns

    of the Commission. In doing so, the Commission may opt to reopen the public hearing and takefurther public comment. The Commission should take action on the proposed ordinance.

    ALTERNATIVES

    The Commission may:

    1. Find thepublic necessity and the general community welfare warrant the adoption of the

    amendment, the amendment is in general conformance with the principles and policies

    set forth in the comprehensive plan and any adopted area or specific plan, and provide afavorable recommendation of approval of the draft ordinance, as written, to the City

    Council.

    2. Provide a favorable recommendation of approval of the draft ordinance, with specificmodifications, to the City Council.

    3. Table consideration of the draft Ordinance and direct staff to modify the ordinance to bebrought back before the Commission at their next regularly scheduled meeting.

    ATTACHMENTS

    Legislative VersionCity Code

    Proposed Ordinance 2016

    1It should further be noted this standard was determined to be sufficient to Public WorksDirector Sanders despite not supporting this code amendment. As not previously mentioned inpast Commission discussions, Sanders has indicated that while gravel does have a lowpermeability rate, often gravel driveway materials end up in the public right-of-way or in thestorm drain system, which is not treated before entering the river.

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    Draft Yard Parking Ordinance: Legislative Version

    Underlined Proposed Addition to the CodeUnderlined & Italicized

    Proposed Relocation of Existing CodeStrikethrough Removal from CodeYellow Highlighting Reviewed by Planning Commission on 1/13/2016Gray Highlighting Proposed for Planning Commission on 2/10/2016

    Note: Existing tables in City Code Section 31-510 have been removed from thislegislative version. These tables will remain in effect in the City Code.

    Sec. 31-101. Definitions

    Vehicle means any car, truck, or trailer designed to be street legal (regardless whether it is

    currently street legal or not, and regardless whether it is currently registered/licensed or not);

    or any self-propelled or pull-behind recreational vehicles (whether designed to be used on

    public streets or not), including, but not limited to, snowmobiles, all-terrain vehicles,

    watercraft, golf carts. etc.

    Sec. 31510. Offstreet parking and loading.

    Off-street parking and loading shall be regulated as follows:

    Subd. 1. Off-street parking.

    (a) Purpose. The purpose of the regulations contained in this Section 31-510 is to reduce

    street congestion and traffic hazards in the city, and to add to the safety andconvenience of its citizens, by incorporating adequate, attractively designed, andfunctional facilities for off-street parking and drives as an integral part of every use ofland in the city, and to establish minimum standards for the construction andreconstruction of off-street parking facilities and driveway areas.

    (b) General provisions.

    i. At the time any building or structure is constructed or erected or modified, there shallbe provided, on the same site, for the use of occupants, guests, clients, customers orvisitors thereof, off-street parking spaces for vehicles in accordance with therequirements in this Section 31-510.

    ii.

    Parking vehicles in the Front Yard area, Exterior Side Yard area, or Side Yard area of alldistricts, with the exception of the Agricultural Preservation (AP) district, shall be inconformance with the requirements in this Section 31-510.

    (c) Number of parking spaces required. Where the computation or required parking spacesproduces a fractional result, fractions of one-half or greater shall require one fullparking space

    (d) Modifications to requirements. Modifications to off-street parking and loadingrequirements shall be permitted as follows:

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    (1) Alternative provisions. The off-street parking requirements of this subdivision shallbe considered satisfied if:

    i. The property being occupied is a part of a parking district which has beenduly formed under the provisions of this Code; and

    ii. A specific development plan for an area has been adopted and containsparking standards which supersede those contained in this subdivision; or

    iii. The required parking spaces and street access are permanently providedwithin 300 feet of the parcel, and a maintenance and management planindicating the useful functioning of such parking is submitted and approvedby the community development director. Not more than 60 percent of therequired parking may be provided off the site.

    (2) Cooperative parking facilities. The requirements for the provisions of parkingfacilities, with respect to two more property uses of the same or different types,may be satisfied by the permanent allocation of the required number of spaces foreach use in a common parking facility, located within 300 feet of all such

    participating property uses and cooperatively established and operated. In the caseof a cooperative parking facility which is designed to satisfy the parkingrequirements of:

    i. From two to four independent property uses, a reduction of not more than fivepercent of the total number of required spaces shall be allowed.

    ii. From five to seven independent property uses, a reduction of not more than tenpercent of the total number of required spaces shall be allowed.

    iii. Eight or more independent property uses, a reduction of not more than 20percent of the total number of required spaces shall be allowed.

    (3) Shared parking facilities. Parking facilities may be shared by two or more

    commercial uses if their entrances are located within 300 feet of each other and iftheir hours of operation do not coincide, provided they:

    i. Receive special use and design permit so that design criteria are met andconditions of use may be established along with periodic review.

    ii. Submit a written document guaranteeing maintenance, hours ofoperation and specifying length of agreement.

    iii. Demonstrate how the shared parking arrangement will fulfill the intentof this subdivision.

    (4) Parking requirements for nonconforming structures or uses. In the case ofstructures in any district, which are reconstructed, enlarged, structurally altered,changed in occupancy to a more intensive use category or otherwise increased incapacity, off-street parking shall be provided only for that portion of structures oruse constituting the increase in capacity; except that no additional parking need beprovided for nonresidential uses, if the increased capacity results in an increase offour or fewer off-street parking spaces.

    (e) Miscellaneous requirements. Miscellaneous parking and loading requirements are asfollows:

    (1) Parking limit. The city may establish a maximum parking limit where thedevelopment proposal exceeds city standards for the number of parking spaces

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    required.

    (2) Parking use. Parking areas shall be used for vehicle parking only with nosales, dead storage, repair work or dismantling of any kind.

    (3) Existing spaces. Existing off-street parking spaces and loading spaces shall not bereduced in number unless the number exceeds the requirements set forth for the

    use.(4) Facilities for the handicapped. Handicapped parking spaces shall be 19 feet long by

    12 feet wide. Parking facilities specifically designed, located and reserved forvehicles licensed by the state for use by the handicapped shall be provided in eachparking facility of ten or more spaces, according to the following table:

    Maximum Number of Spaces Required

    (5) Parking lots in residential districts. When in its opinion the best interests of the city willbe served, the city council may permit, temporarily or permanently, the use of land in aresidential district, other than a one-family district, for a parking lot where the landabuts or is across the street from a district other than a residential district, providedthat:

    i. The lot is to be used only for parking of passenger automobiles ofemployees, customers or guests of the person controlling and operating the lot,who shall be responsible for its maintenance.

    ii. No charge is to be made for parking on the lot.

    iii. The lot is not to be used for sales, repair work or servicing of any kind. iv. Entrance

    to and exit from the lot are to be located on the lot.

    v. No advertising sign or material is to be located on the lot.vi. All parking is to be kept back of the setback building line by a barrier unless

    otherwise specifically authorized by the city council.

    vii. The parking lot and that portion of the driveway back of the setback line is to beadequately screened from the street and from adjoining property in a residentialdistrict by a hedge or sightly fence or wall not less than six feet high and not morethan eight feet high located back of the setback line. All lighting is to be arranged sothat there will be no glare therefrom annoying to the occupants of adjoiningproperty in a residential district and surfacing of the parking lot is to be smoothlygraded, hard-surfaced and adequately drained.

    viii. Such other conditions as may be deemed necessary by the city council to protectthe character of the residential district.

    (6) Parking lots and driveways abutting residential districts. Whenever a parking lot ordriveway to a parking lot is established in other than a residential district so as to abutthe side or rear line of a lot in a residential district, a solid masonry wall or a substantialsightly fence not less than six feet high and not more than eight feet high, shall beconstructed and maintained along the side or rear lot line up to, but not beyond, thesetback building line. In addition, in all use districts, the lighting, including anypermitted illuminated sign, on any parking lot or driveway shall be arranged so thatthere will be no glare directed or reflected toward a residence building or residential

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    districts.

    (f) Design requirements. Design requirements shall be as follows:

    (1) Parking space.

    i. Each parking space shall be at least nine feet in width and 18 feet in length

    exclusive of an adequately designed system of access drive. Driveways for two-way traffic shall be 24 feet.

    ii. Parking spaces shall be created on, or contiguous to, driveways.

    (2) Parking facility layout.

    i. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten five feet of any property line except in the central business districtwhere spaces may be allowed with an approved design permit.(a) Existing nonconforming driveways shall be allowed to be maintained.

    Expansion of the nonconforming setback shall not be permitted.

    ii.

    Parking facilities shall not encompass greater than 50% of the total Front Yard areain any residential district.

    (3) Access to spaces or facilities. Driveway design standards are as follows:

    i. Driveways shall be designed to conform with existing contours to the maximumextent feasible.(a) Driveways shall be in conformance with the design standards found in City

    Code Section 31-521 and the requirements in this Section 31-510.ii. Driveways shall enter public/private streets in such a manner as to maintain an

    adequate line of sight.iii. Driveways with gravel or crushed rock surfaces (or similar materials) are not

    permitted. Although, any such driveways existing on or before the adoption dateof this prohibition on such surfaces will be considered a legal non-conformingdriveway. These driveways may be maintained, but not expanded. . If theproperty owner chooses to maintain the non-conforming driveway, a minimum offour inches of compacted Class 5 material must be maintained.

    iv. For the construction of residential driveways:(a) Concrete driveways: Four inches of compacted sand and five inches of concrete;

    (b) Bituminous driveways: Four inches of Class 5 gravel and two inches of bituminous;

    (c) Paver driveways: Six to eight inches of Class 5 gravel and minimum one inch

    sand setting bed.

    (d) Additional materials not listed herein shall be subject to the review and

    approval of the Public Works Director.v. For the construction of commercial drives

    (a) For concrete: Four inches of compacted sand and six inches of concrete;(b) For blacktop bituminous: Four inches of Class 5 and four inches of bituminous.

    vi. The sand or aggregate base should be compacted to 100 percent of the Standard ProctorDensity.

    vii. An additional sub-cut, depending on the condition of the underlying soils, should beconsidered to prevent heaving or settlement of the driveway.

    viii. Driveways for two-way traffic shall be 24 feet.

    (4) Aisles. Circulation aisles necessary for maneuvering within a parking facility

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    shall be designed so that vehicles do not back out into a street, sidewalk or otherpublic way, other than a residential alley. In general, double-loaded aisles are preferredto single-loaded aisles.

    (5) Curbing. All commercial, industrial or multifamily residential parking lots with five ormore spaces shall have continuous concrete curbing around the entire parking lot.

    (6) Border barricades. Every parking facility containing angled or 90-degree parking spacesadjacent to a street right-of-way shall, except at entrance and exit drives, be developedwith a solid curb or barrier along such street right-of-way line; or shall be provided witha suitable concrete barrier at least six inches in height and located not less than two feetfrom such street right-of-way line. Such wall, fence, curb or barrier shall be securelyinstalled and maintained.

    (7) Surfacing. All off-street parking facilities shall be surfaced. Permitted surface types are:a minimum of five inches of concrete, or 1 inches of asphalt overlying four inches ofbase rock except temporary off- street parking facilities, which may be surfaced byplacement of a single bituminous surface treatment upon an aggregate base, whichbituminous treatment and base shall be subject to the approval of the director of public

    works. All off-street parking shall be so graded and drained as to dispose of all surfacewater from within the area; in no case shall such drainage be allowed to cross sidewalks.

    i. Gravel: Parking facilities with gravel or crushed rock surfaces (or similarmaterials) are not permitted. Although, any such parking facility existing on orbefore the adoption date of this prohibition on such surfaces will be considered alegal non-conforming parking facility. These parking facilities may be maintained,but not expanded. If the property owner chooses to maintain the non-conformingparking facility, a minimum of four inches of compacted Class 5 material must bemaintained. Moreover, this surface must have edging on all sides.

    ii. Concrete: a minimum of five inches;

    iii.

    Asphalt: Four inches of base rock with 1 inches of asphalt;iv. Paver: Minimum four inches of Class 5 gravel and minimum one inch sand setting

    bed.v. Temporary off- street parking facilities: may be surfaced by placement of a single bituminous

    surface treatment upon an aggregate base, which bituminous treatment and base shall besubject to the approval of the director of public works.

    vi. All off-street parking shall be so graded and drained as to dispose of all surface water fromwithin the area; in no case shall such drainage be allowed to cross sidewalks.

    (8) Marking. Parking spaces within a facility shall be clearly painted and delineated.

    (9) Lighting. Any lights provided to illuminate any parking facility permitted by this

    subdivision shall be arranged so as to reflect the light away from any adjacentproperties, streets or highways.

    (10) Landscaping and screening. Landscaping shall be provided in new parking lotconstruction and reconstruction. Landscaping is employed to diminish the visibilityand impact of parked cars by screening and visually separating them from surroundingactivities and the street; to provide shade and relief from paved areas; to channel theflow of traffic; and generally contribute to good site design. Trees, shrubs, groundcovering and earth berming shall be used for lot landscaping. Every parking facilityabutting property located in residential districts shall be separated from such propertyby a wall, planter or a view-obscuring fence; or a raised landscaped mound of earth,

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    sand stones or the like; or by a permanently maintained compact evergreen hedge; or acombination of any of the preceding treatments. Such screening devices shall be six feetin height, measured from the grade of the finished surface of such parking facility, alongthe abutting residential property.

    Subd. 2. Off-street loading facilities.

    (a) Purpose. The purpose of the regulations in this subdivision is to reduce streetcongestion and traffic hazards; and to add to the safety and convenience of thecommunity. Adequate, attractively designed and functional facilities for off-streetloading shall be incorporated as necessary in conjunction with new uses of land in thecity.

    (b) General provisions. For every building erected, which is to be occupied bymanufacturing, storage, warehouse, retail and/or wholesale store, market, hotel,hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt ordistribution by vehicles of material and merchandise, off-street loading areas shall beprovided in accordance with the requirements in this subdivision.

    (c) Required areas. Required areas are as follows:

    (2) Each loading space shall be not less than ten feet in width, 30 feet in length andwith an overhead clearance of 14 feet.

    (3) The space may occupy all or any part of any required yard or court space, exceptfor any exterior side yards; and shall not be located closer than 50 feet to any lot inan R district, unless inside a structure or separated from such district by a wall notless than eight feet in height, provided a conditional fence permit is approved.

    Subd. 3. Miscellaneous off-street parking and loading standards.

    (a) In CA zoning district. All automotive uses allowed in the CA general commercial

    zoning district that are adjacent to a residential zone must maintain the required frontyard setback area in a clear condition without permanently parked or storedautomobiles, trailers, vehicles or other stored items or materials used for or accessory tothe automotive use. Short term daily customer parking is allowed in the setback areabut the area must be clear when the business is closed.

    (b) In VC district. When a property within the VC district is directly across a street orthoroughfare or adjacent to any residential district, all parking and loading facilitiesmust be at least 20 feet from the property line and buildings and structures at least 20feet from the street. The setback space must be permanently landscaped.

    (c) In CRD district.

    (1) All parking areas must be set back a minimum of 20 feet from any street right-of-way.

    (2) All parking areas must be set back a minimum of 30 feet from the property line ofany residentially zoned property, where adjacent property is already developed forresidential use or is designated residential use on the city's comprehensive plan.

    (3) All parking areas must be set back a minimum of ten feet from any peripheralproperty line other than a street right-of-way or residentially zoned property.

    (4) Each establishment must provide sufficient off street parking spaces for allemployees, customers and visitors. The number of parking spaces must be

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    determined at the time of preliminary development plan approval, but in no eventmay there be less than three spaces for each 1,000 square feet of total floor area orportion thereof shown on the plan and in no event may there be less than 3.8spaces for each 1,000 square feet of total floor area of office and research buildings.Some parking may, at the discretion of the planning commission or city council, bebuilt in stages.

    (5) Each establishment must provide an adequate loading space within a building orin a side or rear yard, in a way that will allow all storage, standing andmaneuvering of trucks to be off the public right-of-way.

    (6) No portion of a parking or loading space, including maneuvering area, except thenecessary drives, may be located closer than 20 feet from a public street right-of-way.

    (d) In PA district.

    (1) Parking adjacent to residential property. All parking areas for three or more carsadjacent to residentially zoned land shall be set back a minimum of ten feet and

    landscaped to screen the parking area from the residentially zoned land.(e) In PWFD district.

    (1) All parking areas must be set back to a minimum of 20 feet from any of the

    property lines. (2) Parking areas, driveways or outside storage areas must be set back

    a minimum of 30 feetfrom the property line of any residentially zoned property.

    (3) Adequate parking must be provided for employees and visitors. The number ofspaces must be determined for current and future possible expanded use at time ofPUD review.

    (4) No parking area loading space, or maneuvering area may be closer than 30 feet

    from public right-of-way. This regulation does not apply to entrance and egressdriveway.

    (5) Parking lots and drives may be shared with adjacent park areas. Subd. 4. Tax.

    (a) In areas of the city with zero lot lines or similar conditions, new development orchanges of use subject to this chapter, cannot meet parking requirements without avariance or other accommodation. In these cases, as a condition of approval of parkingvariances or accommodations, applicants are required to pay an "in lieu" parking fee bypurchasing parking permits for use of city parking lots on an ongoing basis in a numbernecessary to mitigate the impact of not meeting the parking standards.

    (b) Efforts to secure the payment of this "in lieu" fee have been time-consuming and noticeshave often been ignored.

    (c) The applicants are hereby classified as a subject for taxation and the extent of use ofthis class is determined the "in lieu" fee required to mitigate as set forth as a conditionof approval of a permit or variance issued under this section.

    (d) There is hereby created a parking tax, as permitted by M.S.A. 459.14, subd. 2(5) in anamount equal to "in lieu" charges that remain unpaid 90 days after a written demand topay notice is sent by mail to the applicant.

    (e) On an annual basis, this tax will be certified to the county auditor for collection with the

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    real estate taxes to the parcel that received the variance or accommodation.

    (Ord. No. 1075, 1, 4-21-15; Ord. No. 1081, 8, 7-21-15)

    Subd. 5. Permit required.

    No off-street parking facility or drive may be constructed without first obtaining a permit.The fee shall be established by resolution of the city council.

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    ORDINANCE

    AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-101,

    DEFINITIONS, SEC. 31-510,OFF-STREET PARKING AND LOADING, AND

    SECTION 33-5,MINIMUM STANDARDS FOR CONSTRUCTION AND

    RECONSTRUCTION OF DRIVEWAYS

    THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:

    Purpose. The purpose of this Ordinance is to establish standards for the parking ofvehicles in the Front and Side Yard areas and to to combined standards for theconstruction and reconstruction of driveways.

    1. Repeal. City Code Chapter 33-5, Minimum standards for construction andreconstruction of driveways, is hereby repealed.

    2. Amending. Stillwater City Code Section 31-101, Definitions, is amended to addthe following:

    Vehicle means any car, truck, or trailer designed to be street legal (regardless

    whether it is currently street legal or not, and regardless whether it is currently

    registered/licensed or not); or any self-propelled or pull-behind recreational

    vehicles (whether designed to be used on public streets or not), including, but

    not limited to, snowmobiles, all-terrain vehicles, watercraft, golf carts. etc.

    3. Amending. Stillwater City Code Section 31-101, Definitions, shall berenumbered to accommodate the aforementioned definition addition.

    4. Amending. Stillwater City Code Section 31-510, Off-street parking and loading,is amended as follows:

    Subd. 1. (a) Purpose.

    The purpose of the regulations contained in this Section 31-510 is to reduce streetcongestion and traffic hazards in the city, to add to the safety and convenience ofits citizens, by incorporating adequate, attractively designed, and functional

    facilities for off-street parking and drives as an integral part of every use of land inthe city, and to establish minimum standards for the construction andreconstruction of off-street parking facilities and driveway areas.

    Subd. 1. (b) General provisions.i. At the time any building or structure is constructed or erected or

    modified, there shall be provided, on the same site, for the use ofoccupants, guests, clients, customers or visitors thereof, off-street parking

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    spaces for vehicles in accordance with the requirements in this Section 31-510.

    ii. Parking vehicles in the Front or Side Yard area of all districts, with theexception of the Agricultural Preservation (AP) district, shall be inconformance with the requirements in this Section 31-510.

    Subd. 1. (f) Design requirements. Design requirements shall be as follows:

    1. Parking space.i. Each parking space shall be at least nine feet in width and 18 feet in

    length exclusive of an adequately designed system of access drive.ii. Parking spaces shall be created on, or contiguous to, driveways.

    2. Parking facility layout.i. There shall be no off-street parking spaces located within 15 feet of

    any street right-of-way or five feet of any property line except in the

    central business district where spaces may be allowed with anapproved design permit.a) Existing nonconforming driveways shall be allowed to be

    maintained. Expansion of the nonconforming setback shall notbe permitted.

    ii. New parking facilities shall not encompass greater than 50% of thetotal Front Yard area in any residential district.

    3. Access to spaces or facilities. Driveway design standards are as follows:i. Driveways shall be designed to conform with existing contours to

    the maximum extent feasible.a) Driveways shall be in conformance with the design standards

    found in City Code Section 31-521 and the requirements in thisSection 31-510.

    ii. Driveways shall enter public/private streets in such a manner as tomaintain an adequate line of sight.

    iii. Driveways with gravel or crushed rock surfaces (or similar

    materials) are not permitted. Although, any such driveways

    existing on or before the adoption date of this prohibition on such

    surfaces will be considered a legal non-conforming driveway. These

    driveways may be maintained, but not expanded. . If the propertyowner chooses to maintain the non-conforming driveway, a

    minimum of four inches of compacted Class 5 material must be

    maintained.

    iv. For the construction of residential driveways:a) Concrete driveways: Four inches of compacted sand and five

    inches of concrete;

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    b) Bituminous driveways: Four inches of Class 5 gravel and two

    inches of bituminous;

    c) Paver driveways: Minimum four inches of Class 5 gravel and

    minimum one inch sand setting bed.

    d) Additional materials not listed herein shall be subject to the

    review and approval of the Public Works Director.

    v. For the construction of commercial drives(i) For concrete: Four inches of compacted sand and six inches of

    concrete;(ii)For bituninous: Four inches of Class 5 and four inches of

    bituminous.vi. The sand or aggregate base should be compacted to 100 percent of

    the Standard Proctor Density.vii. An additional sub-cut, depending on the condition of the

    underlying soils, should be considered to prevent heaving or

    settlement of the driveway.viii. Driveways for two-way traffic shall be 24 feet.

    7. Surfacing. All off-street parking facilities shall be surfaced. Permittedsurface types are:

    i. Gravel: Parking facilities with gravel or crushed rock surfaces (or

    similar materials) are not permitted. Although, any such parking

    facility existing on or before the adoption date of this prohibition

    on such surfaces will be considered a legal non-conforming parking

    facility. These parking facilities may be maintained, but not

    expanded. If the property owner chooses to maintain the non-

    conforming parking facility, a minimum of four inches of

    compacted Class 5 material must be maintained. Moreover, this

    surface must have edging on all sides.

    ii. Concrete: a minimum of five inches;iii. Asphalt: Four inches of base rock with 1 inches of asphalt;iv. Paver: Six to eight inches of Class 5 gravel and minimum one inch

    sand setting bed.v. Temporary off- street parking facilities: may be surfaced by

    placement of a single bituminous surface treatment upon anaggregate base, which bituminous treatment and base shall besubject to the approval of the director of public works.

    vi. All off-street parking shall be so graded and drained as to disposeof all surface water from within the area; in no case shall suchdrainage be allowed to cross sidewalks.

    Subd. 5. Permit required.

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    No off-street parking facility or drive shall be constructed without first obtaining apermit. The fee shall be established by resolution of the city council.

    5. Savings. In all other ways City Code Chapters 31 shall remain in full force and

    effect.

    6. Effective Date. This Ordinance will be in full force and effect from and after itspassage and publication according to the law.

    Adopted by the City Council of the City of Stillwater this day of February, 2016.

    CITY OF STILLWATER

    ______________________________Ted Kozlowski, Mayor

    ATTEST:

    _______________________________Diane F. Ward, City Clerk