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1954-17 BTLL N0. 1954-1? (Crd. 2.09) AN ORDINI~NCE RELI!TING TO NON-RESIDENTIAL DRIVEWAYS AND PARKING AREAS, REQUIRING PIIt~iITS THEREP PROVTDIATG PENALTI~ The Village Council of the Oillage of Richfield do ordain as followss Section 1. No person shall hereafter establish or make available any tract, lot, piece or parcel of land or portion thereof as a nonresidential parking area or parking lot or suffer or permit ariy such land to be_so used, without first obtaining a permit therefor and complying with the terms of this ordinance. Section 2. No permit shall hereafter be issued for the construction of any indus- tria , commercial, business, trade, institutional, or other similar building or structure unless a permit has been issued for any parking area to be used in connection therewith, whether on the same site or on other sites in the vicinity thereof. Section ~. No permit shall hereafter be issued for the construction of any such ui ding or structure unless adequate provision has been made for off-street parking, unloading, and for safe accom~iodation of vehicular and pedestrian traffic on the -area and in the vicinity, in accordance with the provisions of this ordinance. Section I~.. 1~ny person desiring to obtain a permit for a parking lot or-arse shall mere app cation to the Village Engineer. Such application shall be accompanied by a plan of the property shoring the following: a. The location and size of any building or structure on the parcel of land. b. The proposed~or present use of such building or structure. c. The area to be used for parking and for loading and unloading. d. The location of driveways or other vehicular access points connecting such area with any public street or alley. e. The distances from any such driveway. to the nearest street intersection and the nearest driveway. f. The location or proposed location for barrier curbs and sidewalks. g. The areas to be used for parking as distinguished from driving lanes. h. The. proposed direction of flow of traffic, and the location and nature of any proposed traffic devices or signs. i. The proposed location and sine of any lights on the area. - j. The type of surfacing to be used. k. The storm water drainage facilities serving or proposed to serve the area. 1. Such other information as may reasonably be required by the Village xngineer in Order to ascertain whether such parking area will meet the standards of this ordinance. Section 5. Such application shall. be .accompanied by an application fee in the sum o~~` . Section 6. Upon receipt of such application the plan shall be examined by the Village Engineer, who may make recommendations or suggestions with reference thereto If the applicant so desires he may withdraw the plan ,and submit a new or amended plan. The applicant may submit any plan which includes the information required in Section !~ hereof. When such plan is submitted it shall be sent to the Village Council with the recommendations of the Village Engineer with reference thereto. Section 7: The Village Council shall either grant or deny the ..application. In determining whether to grant or deny a permit the Village Council shall act arbi- trarily, capriciously or unreasonably, but shall take into account the following matters: Ordinance No. 2.09 Continued; (2) a. The adequacy of the space available for the anticipated volum® of traffic. b. The volume of traffic and anticipated volume of traffic in the vicinity, and the manner in which traffic congestion can be avoided. - c. The safety with which motor vehicles can be driven onto-the proposed area, parked, and driven off the area. d. The adequacy of the provisions made for pedestrian traffic in and around the area. e. Z'Yie adequacy of the distance between driveways and intersections and other driveways from the standpoint of channeling traffic. f. The sufficiency and clarity of the traffic pattern® and traffic control signs and devices on the area for vehicular and pedestrian safety. g. The adequacy of the lighting and drainage an the area from the standpoint. of eliminating health and safety hazards to persons and'property. Section 8. 1f after consideration of the matters listed in Section 7 hereof, the i.lage C uno cil shall determine such plan is adequate it shall issue a permit. The Village Council may condition the granting of such permit upon the execution of con- tract and the .providing of such security as it shall-deem neCessery to assure estab- lishment of such parking area in accordance with the plan approved. Section 9. After an area has heen established as an approved parking area in ac- cor'ance with the terms of this ordinance, no person owning or controlling the same shall thereafter .use such area in any manner contrary to the approved plan for the area, nor suffer or permit such an area under his direction or control to be used in violation of such plan.- A1o person shall thereafter operate a motor vehicle on or near such area in violation of any approved traffic sign or device, contrary to the terms of this ordinance. Section 10. Parking areas established pursuant to the provisions of this ordinance s~ha con orm to the following requirements: a., Parking spaces and driving lanes shall be so arranged that a vehicle majr enter or leave the pa-rking area without crossing any parking space, and so that no vehicles need be backed onto any public street or alley to leave said area. b. Such area adjoining or adjacent to any residential or multiple residence shall be effectively screened from such district by a fence, wall, or com- pact hedge, or a combination of these. $uch screening shall be kept in good condition at all times, and shall be kept free from advertising matter. Such area shall have a side yard an the side on which such multiple reel,- ~' dente or residence district is located,~at least 15 feet wider which shall be Maintained free of parking, shall be landscaped, and shall be kept in•a dust, mud and refuse-free condition at all times. Lighting on any such . area shall be so placed as to reflect light away from any adjoining resi- dence or multiple residence district. c.. Such area and all driveways and approaches thereto shall be surfaced with a high type flexible or rigid pavement. Sidewalks shall be of Concrete. Areas not used for driving, parking or pedestrian traffic shall be surfaced or landscaped and kept free of mud, dust and refus©. d. A concrete barrier curb shall be constructed on the perimeter of each such area. e. Concrete curb and gutter, with curb returns, shall be constructed at all intersections and approach entrances. Sidewalks shall be constructed along building frontage. f. Parking stalls shall be clearly marked and distinguished from driving lanes, and shall have either a concrete curb or a sidewalk at the front or side. ~ Ordinance No. 2.09 Gontinueds (3) } g. Traffic signs and devices shall be installed, directing traffic within the ~) area and traffic entering or leaving the area. ~, h. Such area shall be so graded and drained as to dispose of all surface water. Where necessary, proper storm drains shall be installed to carry away storm water from the area surface. i. Boulevards shat.]. not be included in any'such area. Boulevards shall be crossed by driveways or approaches only at approved points. Where necessary to prevent traffic from crossing at other than such approved points barriers or barricades of an approved type shall be erected on or near the boulevard area. Section 11. Owners of two or more adjoining areas may join an an application for per- m~ssion to establish a parking area in accordance with a single plan for such adjoining areas. Section 12. Any area or group of areas already devoted to use as a parking area at the time o enactment of this ordinance may become an approved parking area by making application and obtaining a permit in accordance with Ydze terms of this ordinance. Section 13. Within one year of the enactment of this ordinance the owner or person in c arge of each lot, piece or parcel of land which is now devoted to use as such non-residential parking area, and which abuts upon a major street, shall provide the Village engineer with a written application for a driveway permit at the point or points where a driveway or approach across the boulevard to such parking area is desired. The Village engineer shall submit such permit applications to the Village Council for approval, together with his recommendations. If approved, the owner shall erect curbing; barricades or such other approved devices as may be necessary to channel ve- hieula~r traffic onto said parking area at the designated driveway points. At the end of said one-year period the Village engineer may erect barricades, curbs, or such other devices as may be necessary to prevent vehicular traffic from going to or from such parking area at any point other than at an approved driveway. No person shall drive a motor vehicle to or from such area across the abutting boulevard where there is a driveway serving the area, or where curbs or barricades have been erected to prevent such crossing, Section 3.1~.. .Any approved plan may be altered or amended by making application and o~aining a permit in accordance with the terms of this ordinance. Section 15. The Village Council may authorize a modification, variation or waiver of a`ny o. the foregoing requirements, but only if it shall determine that in the parti- cular case or because of the peculiar nature of the use of the property, the exceptional shape or size of the property, or some other notable exceptional situation or condition, such action is justified; and that under the circumstances, such action would not tend to make more difficult the administration or enforcement of this ordinance.. Section 16. To facilitate the operation of this ordinance the Village ~ngi.neer may ormulate rules, regulations and specifications for such areas, or the procedure to be followed in obtaining a permit, which when approved by the resolution of the Village Council, shall govexn the establishment of such approved parking areas. Section 17. Any. person, firm. or corporation violating any of the provisions of this ordinance shall, upon conviction therefor, be punished by a fine of not to exceed •100, or by imprisonment for not to exceed 90 days. Passed by the Village Council this ~ day of J~,g 1954. ,. s f?( _ s ray ~ ~~rer _~ .~: F.- i y, AFFIDAVf'f OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN, 5s Rob_~'r't...~..Boa.d_-•-•---• .....................................................:.....::.. being duly sworn, on oath says; that he is, and during all the tini.es herein stated has been, one of the publishers of the newspaper known as The Rich- field News, and has full knowledge of the facts hereinafter stated, that for more than one year prior to the publication therein of the .:..::..........: An ordinance relating-to_non-residential hereto attached, said newspaper was published in the Village of RicYi= fi~elc3, in the County of Hennepin, State of Minnesota, on Thursday of each week; that during all said time said newspaper has been Printed in the English language from its ofSee of publication within the village of Richfield, Hexiuepxn County, Minnesota, from which it is issued as above stated and in newspaper format and in column-and sheet form equivalent in. spa,ee to at least 450 running inches of single column, two inehees wide; has been issued as aforesaid once each week from a known office established ixi said place of publication and employing skilled workmen and the neeessazy material for preparing and print= ing the .same; that the press work on that part of the newspaper devoted to local mews oi? interest to the eonamunity it _purports to'~ serve has been done ixi its known office of publication; that during all1said time in Sts mak€up not less than twenty-five percent of its news columns have been devoted to local mews o£ interest to the community it pur= ports to serve; that during all said time it has not wholly duplicated any other publieatioxi, and has not been entirely made up of patents, plate matter and advertisements; liar been circulated in ai'id near its said place of publication to the extent Qf at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local postofHce; and that there has been on file ixi the office of the County Auditor of Hennepin County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the e~atstence of the conditions constituting its qualifications as a legal newspaper. That the .Ord3nanee___r~latin~ to__.non-resident~~ -driveways-_and -king aree~e .and permitB therE hereto attached was cut from the columxxs of said newspaper, and was printed and published therein in the English language, 'once each week, for ~ ~~.._...__. successive weeks; that it was fixst so published on Thursday, the _ 24th------- aay of JUne-----•------------- •----------- xa54.--------~ and thereafter on Thursday of each. week to and including the ......: .................... day of -------...-------...... -••-=--- •-----•--195--..------..; and that the following is a, printed copy of the lower ease alphabet from A to ~, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to=wit: Subscribed and sworn to me `~ ~ Notary Public, Hennepin County, Minn. My Commissioxi ezpires .._:.:....._...... ..195. G./~~° X37. LEGAL NOTICE =. AN ORDIN E RELATING ~tU NU~r TIAL DRIVE- ,. ,~I~,tiAYo G AREAS, iNG TS THERE- `:..~ilNlf _f Vl[DING PEN- ~, ~s: ~1'he 'Village+ ~ Council of the Village of Richfield do ordain as follows: . Section 1. No ~ person shall hereafter establish or make available any tract, lot, piece or parcel of laird or portion there- of as a nonresidential parking area or ,parking lot or suffer or permit, any such land to 'be so used, without first obtaining a permit tl}erefor and 'complying with the terms of this ordi- nance. Section 2. No permit shall hereafter be issued for the con- struction of any industrial, com- mercial, business, trade, insti- tutional, or other similar build- ing or structure unless a permit has been issued for any parking area to be used in connection therewith, whether on tY1e same site or on• other sites in the vaeinity thereof. Seotaon 3. No permit shall hereafter be issued for the eon= struction of and such building or structure unless adequate provision has been made for off-street parking, unloading and for safe aecomniodation o~ vehicular and ~ pedestrian traf- fic on the area and in the vici- nity, 3n accordance with the provisions of this ordinance. Section ~.-Any person desiring to obtain a permit for a parking lot or area shall make applies- Lion to the Village Engineer. Such application shall be ae- companied 'by a plan of the property showing the follow- . ing: a. The location and size of any building or structure on the p~parcel of land. b. T+,he proposed or present use of such building or struc- tore. ~ ' c. The area to be used for parking and for loading and unloading. d. The location of driveways or other vehicular access points connecting such area with any_ public street or alley. e. The distances from any such driveway to the nearest street intersection and the nearest driveway. f. The location or proposed - location for barrier curbs and ridewalks. g. The areas o.^. be used for parking as distingu3s'h~:d from driving lanes. h. The ,proposed direction of flow of tra~fic, and the loca- tion and nature of any pro- posed traiflc devices or signs. i. The proposed location and size of any lights on the area. j. The type of surfacing to be used. k. 'I'Qie storm water drainage fpr_tlities serving or proposed -- --'to serve Ziae--area. • `1 Such other information as ~~r~ay reasona~bl~ be r®quirad lay the Village gineer in or- der to ascertain whether sucl3 parking area- will meet the - standards o€ this ordinance. Section 5. Such application shall be accompanied by an sp- plication fee in the sum of $5.00. ]:rispection fees may be charged `3n accordance with a schedule of fees established by council resolution. Section 6. Upon .receipt of such application the glare shs,ll be examined by the Village En- gineer, wh6 may make recom- mendations or suggestions with reference thereto.. If the ap- plicant so desires he may with- draw the plan and,:. submit a new or amended plan. The ap- plicant may submit any plan which includes the information required in Section 4 hereof. When such plan is submitted it shall be sent to the Village Engineer .:with refer®nee therE- to. Section 7. The Village Council shall either grant or deny`the application. In determining " whether to grant or deny aper- mit the Village Council shall not act arbitrarily, capriciously or unreasonably, but shall take in- to account the following mat- ters: d. The adequacy of the pro- visions made for pedestrian traffic in and around the area. e. The adequacy of the dis- tanee between driveways and intersections and other drive- ways from the standpoint of channeling traffic. f. The sufficiency and clarity of the traffic patterns and traffic control signs and de- vices on the area #or vehi~u- lar and pedestrian safety. g. T~se adequacy of the light- ing and drainage on the axes from the standpoint of elim- inating health and safety hazards to persons and pro- perty. section 8. If after considera- tion of the matters listed iri Section 7 hereof, .the Village Council shall determine such plan is adequate it shall issue a permit. The Vill~ge Council may condition the anting of such permit upon the execution of contract and the providing of such security as it shall deem necessary to assure estrsblish- went of such parking area in accordance with the plan ap- proved. Section 9. After an area has been established as an approved parking area in accordance with the terms of this ordinance, no person owning or controlling the same shall thereafter use such area in any manner contrary to the approved plan for the area, nor suffer or permit such an area under his direction or con- trol to be used in violation of such plan. No person shall thereafter use such area in any'. manner contrary to the approv- ed plan for the area, nor suf- fer or permit such an area un- der his direction or control to be used in violation of such plan. No person shaA thereafter operate a motor vehicle on or near such area in violation of any approved traffic sign or device, contrary to the terms of this ordinance. Section 10. Parking areas established pursuant to the pro- visions of this ordinance shall conform to the following re- quirements: a. Parking spaces and driving lanes shall be so arranged that a vehicle may enter or leave the parking area, with- out crossing any parking space, and so that no vehi~- les need be backed onto any public street or alley to leave said axes. b. Such area, adjoining or ad- jacent to any residential or a. The adequacy of the space available for the anticipated volume of traffic. b. The volume of traffic and anticipated vplume of traffic in the vicinity, and the msn- ner in which traffic conges- tion can be avoided. c. The safety with which mo- tor vehicles can be driven on- to the proposed area, parked, and driven off the area: multiple residence shall be ef- fectively screened from such district by a fence, wall, or compact 'hedge, or •a combina- tion • of these. Such screening shall be kept in good aondi- tion a't all times, and shall be kept free from advertising matter. Such area shall have a side yard on the side on such mul~tipa;e r!esiicience or residence district is located, at least 15 feet wide, which shall 'be maintained free of parking, shall be landscaped, and shall be kept in a dust, mud and refuse-free condi- tion at all times. Lighting an any such area shall .be so placed as to reflect light away from adjoining residence, or multiple residence district. c. Such area and all drive- ways and approaches thereto shall be surfaced with a high type flexible or. rigid pave- ment. Sidewalks shall be of concrete. Areas not -used for driving, parking or pedestri- an traffic shall be surfaced or landscaped and kept free of• mud, dust and refuse. d. A coxNerete barrier curb shall be constructed. on the perimeter of each such area. e. Concrete curb and gutter, with curb returns, shall be constructed at all intersec- ---bons and approach entrances. Sidewalks shall be construc- ted along building frontage. f. Parking stalls shall be clear- ly marked and distinguished from driving lanes, and shall have either a concrete curb, or a sidewalk at the front or side. g. Traffic signs and devices shall be installed, directing traffic within the area and traffic entering or leaving the area. h. Such area shall be so graded and drained as to dispose of all surface water. Where necessary, proper storm drains shall be installed to carry away storm water from the area surface. i. Boulevards shall not be in- cluded 9n any such area. Bou- levards shall be crossed by driveways or approaches only at approved points. Where necessary to prove~t traffic from crossing at other _than such approved poin riers or barricades of proved type shall be on or near the b area. Section 11. Owners of more adjoining areas in an application for pe to esablsh a parking accordance with a sin for such adjoining areas Secti®m 12. Any area of areas already dev use as a~parking area time of enactment of t Hance may become an a. parking area by makin cation and obtaining a in accordance with the this ordinance. Section ls. Within one the enactment of this car the owner or person in of each lot, piece or p land which is now de use as such non-re parking exec, and whie upon a major street, s vide the Village >~ngine a written application driveway permit at the points .where a drivewa proach across the boul such parking area is The Village vEngineer s mit such permit applic the Village Council for a together with his reco bons. If ° approved, th shall erect curbing, b- oy such other approved as may 'be necessary to vehicul&r traffic on ~drivew yapoints. At th said one-year period th Engineer may erect ba curbs, or such other d may be necessary to pre hicular traffic from go from such parking . ar point other than at an driveway. No person s a motor vehicle to or fr area across the abuttin yard where there is way serving the area, .curbs or barricades eected to prevent such Section 14. Any appro may be altered or am making application an ing a permit in accords the' terms of this ordin Section 15. The Villa