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Duluth amends development code to require special‑use review for standalone parking and drops $100 utility ROW fee

Mayor and Council, City of Duluth · March 1, 2026
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Summary

The Council approved TA2026‑001 to treat standalone parking lots/garages as special uses in specified zoning districts and TA2026‑002 to remove a $100 right‑of‑way utility permit fee after staff found franchise agreements preclude most utilities from paying it.

At public hearings on Feb. 9 the Duluth Mayor and Council adopted two text amendments to the city's code: TA2026‑001 clarifies that parking lots and garages proposed as principal uses should be considered by special use permit in C‑2, HC‑R and HC‑A zoning districts; and TA2026‑002 removes a $100 right‑of‑way utility permit fee added in September 2025.

Community Development/Engineering Director Margie Pozin explained TA2026‑001 stems from an inconsistency between Table 2‑C and code text regarding whether parking is a principal or accessory use; making the use subject to a special‑use permit allows staff and Council to place conditions and review site‑specific impacts. Pozin said the Planning Commission recommended approval.

On TA2026‑002 Pozin said staff learned most utilities operate under franchise agreements that prohibit paying the $100 fee and that the administrative burden of collecting the fee outweighed revenues; staff recommended reverting to the prior process. Both amendments were approved by unanimous council votes.

Provenance: TA2026‑001 discussion begins in SEG 006; TA2026‑002 in SEG 007.