APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE 5. OFF-STREET PARKING AND LOADING

In any applicable zoning district, all structures built and all uses established hereafter shall provide accessory off­street parking in accordance with the following regulations. When an existing structure or use is expanded accessory off-street parking shall be provided in accordance with the following regulations for the area or capacity of such expansion. Plans showing the layout and design of all off-street parking spaces driveways and loading areas must-be submitted and approved by the Zoning Administrator before a zoning permit is issued for such spaces or areas.

A.    General Provisions.

1.    Utilization: Accessory off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such uses. Such parking facilities or any vacant lot shall not be used to display or store motor vehicles including recreational vehicles and utility trailers for sale other than where permitted specifically in a district. Such provision shall not prevent the display of a small temporary for sale sign not exceeding two square feet in size on a personal vehicle when parked periodically on a driveway or an identifiable parking area on a zoning lot of a residence or a business location. (See Section 2-101 for definition of STORAGE, OUTDOOR.)

2.    Parking space dimension: An off-street parking space shall be at least eight feet six inches in width and at least 19 feet in length, exclusive of access drives or aisles, ramps or columns, unless special parking is designated for variable sizes of vehicles.

3.    Access: Each off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. No parking space shall be designed to exit or back directly onto a public street or use the public right of way for parking space unless specifically approved by the Governing Body. Such arrange­ments are to be discouraged, except in unusual circumstances wherein the traffic safety of the public can still be protected.

4.    Open and enclosed parking: Off-street parking spaces open to the sky may be located in any yard except that in residential districts no such spaces shall be located in a front yard setback other than for multiple-family dwellings. Principal buildings with private garages and carports integrated into or attached to the buildings which contain or shelter off-street parking spaces shall be subject to the yard setback requirements applicable in the district wherein the buildings are located. Detached garages and carports which contain or shelter off-street parking spaces shall be subject to the provisions of the accessory uses contained in Section 6-100 and in particular the bulk regulations of Section 6-100(C). (See Section 3-103(F)(1) for canopies.)

5.    Design and Maintenance:

a.     Design: Off-street parking spaces shall comply with such design standards relating to curb cuts and curb length stall depth driveway width island width barriers and the location of ingress and egress as may be established from time to time by the City. Off-street parking spaces may be open to the sky or enclosed in a building or structure. Parking on driveways for single and two-family dwellings and all types of manufactured and mobile homes is considered to be permitted temporary parking and required parking spaces on such lots are not to be in the front yard setback. All parking spaces must be in an identifiable area where all spaces are contained thereon. (See Section 5-100(A)(5)(c) for screening.)

b.    Surfacing: All open off-street parking spaces whether required spaces or not and driveways shall be graded and paved with an asphalt asphaltic concrete or other comparable hard-surfaced all weather dustless material which shall be maintained in good condition provided however graveled parking areas are permitted in the industrial districts and for church parking lots and manufactured and mobile homes in related parks. If a driveway exceeds more than 100 feet on a single-family or duplex dwelling lot, any distance exceeding 100 feet may be surfaced in gravel. Driveways, parking spaces and display areas for all open sales or rental lots for motor vehicles, trailers, recreational vehicles and manufactured and mobile homes shall be paved or graveled.

c.     Screening: Screening for parking spaces and loading areas is incorporated into the general screening and landscaping provisions of Section 3-104.

d.    Lighting: Any lighting used to illuminate off-street parking spaces shall be shaded so that direct light is not cast upon property located in a residential district and so that glare is not a problem to traffic on any public street.

e.     Repair and service: No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking spaces or structures, except as incidental repairs to a personal vehicle. (See Section 2-101 for definition of SALVAGE YARD.)

f.     Computation: When determination of the number of off-street parking spaces required by these regulations results in a requirement of a fractional space the fraction of one-half or less may be disregarded and a fraction in excess of one-half shall be counted as one parking space.

g.     Collective provisions: Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so furnished is not less than the sum of the separate requirements for each such use; provided, that wherever there is a common plan of parking for land in single ownership that the amount of required parking shall consider the joint use of such space whenever large places of assembly are present which vary in their times of use and season of the year to the end that all parking is contained on the site or on accessory parking lots except for infrequent periods of peak use. The off-street parking spaces required by Section 5-101 may be increased; however, where it is anticipated that peak parking periods will be a consistently reoccurring problem. All regulations must be adhered to which cover the location of accessory parking spaces in relation to the use served.

h.    Location: All parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served unless a conditional use is obtained under Section 5-102.

i.     Employee parking: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

j.     Handicapped parking: Parking spaces according to the number of spaces and their designated signage shall be provided for per­sons with a disability in conformance to the standards of the federal Americans with Disabilities Act of 1990 as incorporated into state statutes. (See K.S.A. 58-1311 and 42 USCA 12101 et seq.)

6.    Plans and approval required: Plans showing the layout and design of all off-street parking spaces, whether required spaces or not, including driveway and loading areas shall be submitted to and approved by the Zoning Administrator prior to issuance of a zoning permit for the parking layout itself or as part of an application for a larger related project. Before approving any parking layout, the Administrator shall determine that the spaces provided are usable and meet City design standards as well as all parking requirements of these regulations. Parking spaces shall be clearly indicated or otherwise marked on the ground to designate the individual spaces. (See Section 5-100(A)(1-5) for design standards.)

Off-street parking spaces accessory to the uses hereinafter designated shall be provided as follows except no such spaces shall be required in the C-1 Central Business District unless for dwelling units permitted in conjunction with business uses:

A.    Dwelling and Lodging Uses.

1.    Single and two-family dwellings, earth-sheltered dwellings, residential-designed manufactured homes and manufactured and mobile homes: At least one parking space for each dwelling unit.

2.    Multiple-family dwellings: At least one and one-half parking spaces per unit. Except in housing for the elderly, one space per two units.

3.    Boarding or rooming houses: One parking space for each two rooms.

4.    Dormitories, fraternities, sororities and similar lodging facilities: At least two parking spaces for each three occupants.

5.    Hotels, motels, guest houses and bed and breakfast homes and inns: One parking space for each rental unit, plus such additional spaces as are required for restaurants, assembly rooms and affiliated facilities.

B.    Business and Industrial Uses.

1.    Automobile truck trailer and manufactured/mobile home sales and rental lots: One parking space for each 3,000 square feet of open sales lot area devoted to the sale, display and rental of such vehicles, plus one parking space for each service bay and employee.

2.    Business and professional offices: One parking space for each 300 square feet of floor area not including meeting rooms.

3.    Bowling alleys: Four parking spaces for each lane.

4.    Cartage express parcel delivery and freight terminal establishments: One parking space for each two employees.

5.    Car washes: Two holding spaces for each car washing stall plus one drying space for each car washing stall.

6.    Funeral homes and mortuaries: One parking space for each four seats based upon the designed maximum capacity of the parlor, plus one additional parking space for each employee and each vehicle maintained on the property.

7.    Furniture or appliance stores and service or repair shops: One parking space for each 400 square feet of floor area.

8.    Manufacturing production processing, assembly disassembly, cleaning servicing testing or repairing of goods materials or products: One parking space per two employees.

9.    Medical and dental clinics or offices: One and one-half parking spaces for each examining or treatment room, plus one for each doctor and employee.

10.  Restaurants, clubs and taverns: One parking space for each 2.5 seats based on the maximum designed seating capacity; provided, however, that drive-in restaurants shall have a minimum of least 10 parking spaces.

11.  Retail stores and financial institutions: One space per 250 square feet of floor area, not including meeting rooms. (See Section 5-101(B)(13) for places of assembly.)

12.  Service stations for motor vehicles: One parking space for each employee, plus two spaces for each service bay.

13.  Theaters, auditoriums and places of assembly: One space for each four seats. (See Section 5-100(A)(5)(g) for collective provisions.)

14.  Warehouses, storage and wholesale establishments: One parking space for each two employees.

C.    Other Uses.

1.    Child care centers and preschools: One parking space for each employee plus such temporary parking spaces as determined necessary by the Zoning Administrator for customer parking depending upon the number of children.

2.    Churches: One parking space for each four seats based upon the maximum designed seating capacity in the main worship area, including choir lofts.

3.    Elementary and junior high public schools and equivalent parochial and private schools: One space for each faculty and staff person plus places of assembly. Regular parking spaces must be provided off the street for all buses serving the school. (See Section 5-100(A)(5)(g) for collective provisions.)

4.    Hospitals: One parking space for each two beds, plus one parking space for each resident or staff doctor and one space for each two employees.

5.    Nursing and convalescent homes: One parking space per each five beds based on the maximum designed capacity of the building, plus one parking space for each employee.

6.    Private social and hobby clubs associations and lodges: One parking space for each three seats based upon the maximum designed seating capacity.

7.    Secondary public and private schools: One parking space for every four persons based on the maximum design capacity for pupils, faculty and staff, plus places of assembly. Regular parking spaces must be provided off the street for all buses serving the school. (See Section 5-100(A)(5)(g) for collective provisions.)

8.    Trade and commercial schools: Two parking spaces for each three students, plus one for each employee based on full-time equivalency.

Parking spaces for other permitted uses not listed above shall be provided in accordance with the determination of the Zoning Administrator with respect to the number of spaces that are required to serve employees and/or the visiting public at each such use. Parking for special and conditional uses may be established as part of processing their application or when issuing the zoning permit.

In order to provide off-premises required or additional off-street parking areas, the Board of Zoning Appeals may grant as a conditional use for the establishment of parking areas in any zoning district under the following provisions: (See Section 2-102 for definition of PREMISES.)

A.    Location. The nearest access to the parking area provided under this section must be within 300 feet (along lines of public access) from the boundary of the nearest entrance to the structure for which the parking is provided.

B.    Use. The parking area shall be used for passenger vehicles only, and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. Only such signs as are necessary for the proper operation of the parking lot shall be permitted.

C.    Improvements.

1.    Parking spaces and driveways on private property providing ingress and egress to parking areas shall be surfaced with concrete asphaltic concrete asphalt or any other comparable surfacing which meets the approval of the Board and shall be maintained in good condition and free of weeds dust trash and other debris.

2.    Parking areas shall have adequate guards to prevent extension or the overhanging of vehicles beyond property lines or parking spaces. Such areas shall have adequate markings for channelization and movement of vehicles.

3.    If lighting facilities are provided, they shall be so arranged as to deflect or direct light away from any adjacent dwelling or residential district.

4.    A fence (such as solid-wall masonry, wood, metal, plastic or other similar materials) not less than six feet high, may be required to be erected along any property line adjacent to or adjoining any residential district to reduce noise, eliminate the passage of light from vehicles and prevent the blowing of debris. Whenever a fence shall be required along a front yard which includes a driveway area, such fence shall not be higher than four feet.

5.    When located in a residential district, parking shall not be located within a front yard and the front yard shall remain unpaved and shall be landscaped, unless a waiver by the Board is warranted due to the nature and arrangement of the adjacent land use.

6.    The Board shall determine the necessity of additional improvements in order to protect adjacent property owners and the public interest. Such improvements shall include but not be limited to proper drainage setbacks screening grass shrubs trees and the maintenance thereof and the extent of access permitted to public streets and alleys.

In all zoning districts except the C-1 Central Business District loading and unloading space shall be provided off-street and on the same premises with every building structure or part thereof hereafter erected, established, or enlarged and occupied which requires the receipt or distribution of materials or merchandise by motor vehicle. The loading and unloading space shall be so located as to avoid undue interference with public use of streets, alleys and walkways. Such vehicular access shall be maintained in good condition and surfaced in such manner as required in Section 5-100(A)(5)(b) for parking spaces. When off-street parking space is used to fulfill this loading and unloading requirement, the latter shall be scheduled so as not to interfere with meeting the parking needs.