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5.a Exterior storageMemorandum To: Scandia Planning Reference: Exterior Storage and Parking Commission Requirements—Options to Address Enforcement Issues Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16023.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: August 23, 2016 The Planning Commission introduced a discussion about vehicle storage and recreational vehicle storage issues at its August meeting, and heard comments from residents about these concerns, particularly on parcels in shoreland areas. The city has been receiving complaints about this issue and has tried to enforce current standards, but enforcement staff are finding some of the current standards vague and difficult to enforce. The key issues appeared to be: The issues of concern include: • How many vehicles (cars) should be permitted to be parked outside for non-commercial uses, and for how long? • How many recreational vehicles should be permitted to be parked or stored on residential parcels? Where? When should screening or storage in buildings be required? What are the storage standards on shoreland parcels? The Planner reviewed ordinances from other communities and summary materials from the American Planning Association to look at how other communities regulate vehicle parking, and to provide examples for consideration to address the issues identified. This memo also discusses the storage issues in Shoreland districts. Personal Vehicle Parking Regulations I. Current Scandia Regulations and Issues 1) The City regulates the parking of inoperable and unlicensed vehicles as most cities do: • Passenger vehicles and trucks in an inoperable state shall not be parked in any districts, except in a location authorized as a vehicle reduction yard or enclosed building, for a period exceeding seven consecutive days. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia Planning Reference: Exterior Storage and Parking Commission Requirements—Options to Address Enforcement Issues Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16023.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: August 23, 2016 The Planning Commission introduced a discussion about vehicle storage and recreational vehicle storage issues at its August meeting, and heard comments from residents about these concerns, particularly on parcels in shoreland areas. The city has been receiving complaints about this issue and has tried to enforce current standards, but enforcement staff are finding some of the current standards vague and difficult to enforce. The key issues appeared to be: The issues of concern include: • How many vehicles (cars) should be permitted to be parked outside for non-commercial uses, and for how long? • How many recreational vehicles should be permitted to be parked or stored on residential parcels? Where? When should screening or storage in buildings be required? What are the storage standards on shoreland parcels? The Planner reviewed ordinances from other communities and summary materials from the American Planning Association to look at how other communities regulate vehicle parking, and to provide examples for consideration to address the issues identified. This memo also discusses the storage issues in Shoreland districts. Personal Vehicle Parking Regulations I. Current Scandia Regulations and Issues 1) The City regulates the parking of inoperable and unlicensed vehicles as most cities do: • Passenger vehicles and trucks in an inoperable state shall not be parked in any districts, except in a location authorized as a vehicle reduction yard or enclosed building, for a period exceeding seven consecutive days. An employee owned company promoting affirmative action and equal opportunity Exterior Storage and Parking Regulations Page 2 September 6, 2016 Scandia Planning Commission • Any unlicensed vehicle, capable of being operated, shall not remain on any property for more than 30 days if such vehicle has been unlicensed in both the current and previous year, except a vehicle used on the property without the requirement of a license. These regulations are clear, and do not seem to be generating current enforcement issues. 2) The issues of concern are related to parking multiple operable passenger vehicles for extended periods of time when accessory to residential and agricultural uses. The City's Development Code currently regulates vehicle parking in two locations: • Section 3.4 (1): "All personal property shall be stored within a building or fully -screened so as not to be visible from adjoining properties and public streets, except for ...Off- street parking of licensed passenger automobiles and pick-up trucks; and the parking of such other vehicles as may be permitted by Section 3.10 of this Chapter; and • Section 3.10 (E) "Off-street parking facilities accessory to residential and agricultural uses shall be utilized solely for the parking of passenger automobiles and trucks with a gross vehicle weight rating 12,000 pounds or greater than 30 feet in length. No more than 4 such vehicles per lawful dwelling unit shall be parked or stored outside of a building on parcels of 10 acres or less." The concerns for neighbors and zoning enforcement are: • The length of time that vehicles can be parked or stored outside on smaller residential properties. The City Administrator has noted that if the current ordinance were interpreted literally, residents could not have more than 4 vehicles parked on their lot for a family gathering or party, and that without a time limit, the restriction on vehicles is difficult to enforce when vehicles are parked for extended periods of time. o The City Attorney has suggested that the ordinance could be amended to say "continuously parked"—this term would be up to interpretation by enforcement staff. The City could also qualify this by adding a time limit for continuous parking. o Some ordinances regulate the length of time that vehicles can be continuously parked in front yards in commercial or mixed use areas without screening to 48 hours, but such regulations do not typically apply in residential areas. However, Scandia could choose to set a time limit on continuous parking in front yard areas. Enforcement actions would then need to document the length of time that vehicles are continuously parked. • The number and location of vehicles parked outside o Some communities limit parking by limiting the locations where vehicles may be parked—discussed below Some staff concerns about Section 3.10 (E): • The language in E is confusing: Do the "off-street" parking facilities apply to parking in driveways, or lawns, backyards? Is a definition of off-street parking facilities needed? Should the item be worded for parking of passenger automobiles and trucks with a gross vehicle weight rating less than 12,000 pounds or 30 feet in length? I Exterior Storage and Parking Regulations Page 3 September 6, 2016 Scandia Planning Commission 2. Regulations in other communities Generally zoning ordinances include minimal regulation of operable vehicle parking in residential areas. Typical regulations include: • Only a few communities limit the number of parked cars in residential areas—one community limited the number to 4, as Scandia does; another city limits vehicle parking as follows: "No more than 1.5 vehicles per licensed driver within the household may be stored on a residential parcel unless kept within an enclosed building. All vehicles shall be licensed to a member of the household. This does not pertain to guest parking." • The City of Newport's zoning ordinance includes the following limits on residential parking: o No more than 3 vehicles may be parked in the front yard at any one time, only one of which may be over 6,000 gross vehicle weight or over 20 feet in length o Additional operable vehicles above the limit of 3 may be parked in the front yard on a temporary basis, for no more than 48 hours. • Many communities prohibit the overnight parking of vehicles on public streets or prohibit parking on public streets during winter months. • Some communities require that vehicle parking in front yards (or in side or back yards) must be located on a paved driveway or gravel surface—not on grass areas. Pavement area cannot exceed the maximum impervious surface area permitted in the zoning district. Some ordinances required that the paved area extend at least 1 foot beyond the vehicle in all directions. • Parking in side or rear yards may require a minimum setback of 4-5 feet from parcel boundaries on grassed or paved areas. 3. Options for amending the Development Code parking requirements If the City wants to further regulate the length of time, numbers or locations where personal vehicles may be parked on private property, some options from other communities include: 1) To address the issue about the length of time that vehicles are parked, the ordinance could be amended as follows: o "Off-street parking facilities accessory to residential and agricultural uses shall be utilized solely for the parking of passenger automobiles and trucks with a gross vehicle weight rating 12,000 pounds less or less than 30 feet in length. No more than 4 such vehicles per lawful dwelling unit shall be parked or stored continuously or for more than 24/36/72 continuous hours outside of a building on parcels of 10 acres or less." (A smaller parcel size could also be considered if the City is only concerned about parking on small parcels, such as 1 acre or less.) o The regulations for residential vehicle parking should probably be placed in one location in the Development Code, and the language clarified regarding off-street parking spaces. 2) Ordinances in other communities limit the numbers and location of parked vehicles using the following standards: o "Licensed and inspected vehicles parked or stored outside on private property shall be either (1) Parked on a driveway surface i Exterior Storage and Parking Regulations Page 4 September 6, 2016 Scandia Planning Commission (2) Parked in the rear yard area, within the applicable setbacks and as close to the existing dwelling or garage as practicable; or (3) Parked in the side yard, as close to the garage as practicable provided that it is no closer than four feet from the property line. (Perinton Township, NJ) o "Parking of personal vehicles outside an enclosed structure is permitted in the rear yard or in an interior side yard behind the required front yard setback line. Parking of vehicles is permitted in the front yard on a hard -surfaced driveway or parking area only. There shall be no limit on the number of personal vehicles allowed to be parked in the rear or side yard hard -surfaced parking areas, but the same shall comply with all other city ordinances concerning nuisances and abandoned vehicles." (Papillion, NE) Recreational Vehicle Parking and Storage 1. Current Scandia Regulations and Issues The current Development Code regulation of recreation vehicle and other vehicle storage is as follows: "All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: o Construction, landscaping and agricultural materials and equipment currently (within a period of six months) being used on the premises; o Off-street parking of licensed passenger automobiles and pick-up trucks; and the parking of such other vehicles as may be permitted by Section 3.10 of this chapter; o Storage of not more than 2 recreational vehicles or recreation camping vehicles in a side yard or rear yard, provided that any such side yard storage shall not be adjacent to a street and all setbacks are met. Additional recreational equipment shall be stored inside a building. o Recreation camping vehicles shall not, while parked or stored, be used as a human dwelling or living quarters, except that such a vehicle owned by a non- resident guest or visitor may be parked or occupied by said guest or visitor on a property on which a permanent dwelling is located, for a period not to exceed 30 days per year while visiting the resident of said property. The recreation camping vehicle or trailer shall have self-contained sanitary facilities. Scandia's regulations regarding general storage are similar to those of neighboring communities. The "Front Yard" Issue for Storage The standard above says that personal property shall be stored in a building or fully screened so as not to be visible from adjoining properties and public streets, and that recreational vehicles may be stored in a side or rear yard if that yard is not adjacent to a public street and setbacks are met. i Exterior Storage and Parking Regulations Page 5 September 6, 2016 Scandia Planning Commission The definitions of front. side. and rear vards is important to this discussion. particularly in Shoreland areas. The definitions are: • Yard, Front: A yard extending across the portion of the lot facing a street between the inner side yard lines and lying between the front line of the lot and the nearest building line, except for building on Recreational or Natural Environment lakes where the front vard faces the water. Yard Side: A yard between the side line of the lot and the nearest building line. Yard, Rear: A yard extending across the rear of the lot between the inner side yard lines and lying between the rear line of the lot and nearest building line. Residents in Shoreland areas have complained about the storage of multiple Recreational vehicles and other outside storage on the street side of lakeshore parcels. However, by definition, the street side is the "rear yard" of shoreland parcels, based on the definitions above. Storing up to 2 recreational vehicles is permitted in these areas by the current ordinance. The ordinance does require that most other storage on the street side in lakeshore areas be within buildings or fully -screened if it is visible from the street. 2. Regulation of Recreational Vehicle Storage in Other Communities 1) Definition of "recreational vehicle" • Scandia's definition and regulation of storage of recreational vehicles includes a wide range of vehicles, including campers, motor boats, row boats, canoes, snowmobiles, etc. Some other cities use similar broad definitions; however: • The City of Hugo and other communities regulate the number and storage of "large" or "major" recreational vehicles only: Large recreational equipment means and includes, but is not limited to, operable and licensed, as required by the state, travel trailers, chassis -mounted campers, motor homes, tent trailers, slide -in campers, airplanes, and converted buses, snowmobiles and trailers, boats/watercraft and trailers, fish houses and trailers, all terrain vehicles, and utility trailers. The term "large recreational equipment" shall only include any unit that exceeds a height of six feet and exceeds 18 feet in length. • Washington County's definition of Recreational Vehicle includes "vehicles designed and used for temporary, seasonal human living quarters including van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses, and self-contained self-propelled truck chasis-mounted vehicles providing living accommodations." 2) Many cities and counties regulate the parking of recreational vehicles in residential districts, but not in agricultural, rural residential or lakeshore property. Most permit up to 2 recreational vehicles stored outside of a building on a lot, as long as there is a dwelling unit on the lot and the vehicles are owned by the property owner or tenant. (Some communities give permits for visitor recreational vehicles, or permit them for a couple of weeks.) Some examples include: I Exterior Storage and Parking Regulations Page 6 September 6, 2016 Scandia Planning Commission • Forest Lake restricts the time during which recreational vehicles may be parked temporarily in residential districts for servicing to 72 hours. This regulation does not apply in agricultural districts or lakeshore districts. The City of Hugo does not regulate the parking of large recreational equipment parking and storage on properties zoned agricultural, long-term ag, rural residential, lakeshore properties, and properties at least one -acre in size. In other areas, large recreational vehicles need to be parked or stored in a building, except as follows: o No more than 2 large recreational equipment units shall be parked or stored outside of a building on the property, with no more than 1 unit in the front yard and one unit in the back yard. o On properties that are larger than '/z acre, no more than 3 large recreational equipment units can be parked or stored outside of a building, with no more than one unit in the front yard and no more than 1 unit in the rear yard. o Large recreational equipment stored in the front yard if it is on an established driveway, and is entirely on the owner's property. o Large recreational equipment may be parked on a side yard abutting an attached or detached garage, if the area is surfaced with asphalt, concrete, or crushed rock. The paved surface needs to be at least 5 feet from the lot line (rock can be 1 -foot from the lot line). Parking or storage of large recreational equipment on the side yard abutting the principal building is prohibited. o Large recreational vehicles may be parked in the rear yard, no closer than five feet from the rear lot line, five feet from the side lot lines, and not within a drainage or utility easement. 3) Other regulations of storage of recreational vehicles identified through a search of the American Planning Association website include: Front yard • One recreational vehicle may be stored on the driveway no closer than 20 feet from the public street; however, no storage is permitted in the rest of the front yard area. Side Yard • A recreational vehicle may be stored in the side yard, provided that it shall: o Be stored parallel to and adjacent to the structure o Not exceed the dimension of the structure plus six feet, or a maximum of 35 feet, whichever is less o Be provided with either an evergreen screening or a solid fence 8 feet high, planted and installed between the vehicle and the property line. Plantings shall be planted at a minimum of 4 feet high and allowed to grow and be maintained at a minimum of 8 feet high o Be setback a minimum of four feet from the property line. Rear Yard • A recreational vehicle may be stored in the rear yard, provided that it shall: o Be stored parallel to and adjacent to the structure o Not exceed the dimension of the structure plus six feet or a maximum of 35 feet, whichever is less o Be provided with either an evergreen screening or a solid fence 8 feet high, planted and installed between the vehicle and the property line. Plantings shall be planted at a minimum of 4 feet high and allowed to grow and be maintained at a minimum of 8 feet high i Exterior Storage and Parking Regulations Page 7 September 6, 2016 Scandia Planning Commission o Meet the applicable setbacks (Perinton Township, NJ) Parking of recreational vehicles outside an enclosed structure is permitted in the rear yard or in an interior side yard behind the required front yard setback line. Parking of recreational vehicles, boats, or trailers is permitted in the front yard on a hard -surface driveway or parking area only, but shall be limited to only one recreational vehicle at any one time. There shall be no limit on the number of recreational vehicles allowed to be parked in the rear or side yard hard -surfaced parking areas. (Papillion, NE) 3. Planning Commission Discussion—Recreational Vehicle Storage The Planning Commission should decide if additional regulation of the storage of recreational vehicles should be considered. Some of the community values that would be the basis for a change in regulation should be considered as a part of the discussion. What are the community values related to storing recreational and other vehicles, given that the community is largely rural in character? Should the standards be different on smaller parcels in the Village districts? What are the values and expectations in shoreland areas? In many communities, operable recreational vehicles are not regulated in shoreland areas, or on larger rural residential parcels. If it's appropriate to look at ordinance amendments, some issues to consider are: • Definition of recreational vehicles—does the city want to regulate the storage of canoes, kayaks, etc., or just larger vehicles? If not defined as "recreational vehicles," these items would be regulated by the general storage requirements of the ordinance. • How many vehicles should be permitted outside a building? • Should storage requirements be differentiated by front, side, and rear yard areas? Should one recreational vehicle be permitted on a paved surface in a front yard? In Shoreland districts, such vehicles might be less visible from the street if parked in the front (lakeside), but more visible from other lake properties, and this could create a larger impervious area closer to the lake. • Should screening and setbacks for outdoor storage be required in some or all locations? • How do proposed regulations match the City's resources for enforcement? i (b) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. (c) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. (3) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (W) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel. (X) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel. Penalty, see § 92.99 § 92.19 NUISANCE PARKING AND STORAGE. (A) Declaration of nuisance. The outside parking and storage on residentially -zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns. (B) Unlawful parking and storage. (1) A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses or other similar non -permanent structures outside continuously for longer than 24 hours in the front -yard area of residential property unless more than 100 feet back from the front property line. (2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or fence. (3) A person must not cause, undertake, permit or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements: (a) No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the property. (b) Vehicles that are parked or stored outside in the front -yard area must be on a paved or graveled parking or driveway area. (c) Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property. Penalty, see § 92.99 § 92.20 INOPERABLE MOTOR VEHICLES. (A) It shall be unlawful to keep, park, store or abandon any motor vehicle which is not in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation with the state, pursuant to M.S. § 16813.011, Subd. 3, as it may be amended from time to time. (B) This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road or alley, and which does not foster complaint from a resident of the city. A privacy fence is permissible. (C) Any motor vehicles described in this section constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish a shelter and breeding place for vermin and present physical danger to the safety and well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community. Penalty, see § 92.99 § 92.21 BUILDING MAINTENANCE AND APPEARANCE. (A) Declaration of nuisance. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they (a) are unsightly, (b) decrease adjoining landowners and occupants' enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood patterns. (B) Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements: (1) No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. (2) Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of: