COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160454

 

Amending Sections 18-16, 18-20(h)(5), and 18-21(g)(4) of the Building and Rehabilitation Code, and amending Sections 88-420, 88-1370 and enacting new Sections 88-810-341, 88-810-1107, and 88-810-1442 of the Zoning and Development Code and repealing Chapter 52, all to modify the City’s parking requirements. (254-S-311)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 18, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 18-16, 18-20(h)(5) and 18-21(g)(4) and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 18-16. Permit required; exceptions.

 

(a) Required permits; permit conditions; annual permits.

 

(1) Generally; emergency work.

 

a. General. It shall be unlawful to construct, enlarge, alter, move, raise, shore, demolish, wreck or raze a structure or parking station; or change the occupancy of a building or structure requiring additional strength, exit or sanitary provisions; or to change to another use; or to grade or excavate any land or real estate; or to install or alter any equipment or sign for which provision is made or the installation of which is regulated by this code; unless a separate permit for each building, premise or structure has first been obtained; provided, however, that repairs, as defined in section 18-4(b), which do not involve any violation of this code, and work as specified in subsection (b) of this section, shall be exempted from this provision.

 

b. Emergency work. In cases of emergency, the person or other entity doing work or causing work to be done may proceed with the work and file application for a permit within 72 hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately, and the burden shall be upon the person claiming such emergency to exist to prove the existence of such emergency by clear and convincing evidence.

 

(2) Moved buildings and building systems.

 

a. Moving, raising or shoring buildings. No building or fixed structure shall be moved in or within the city on or across a street or alley without a permit issued by the building official in accordance with the provisions set forth in other portions of this section and in the International Building Code section 3408. No building or major portion thereof shall be raised or shored without a permit from the building official.

 

b. Building systems. A permit shall be obtained for all heating, ventilating, comfort cooling and refrigeration systems, electrical service equipment, pipe fitting, incinerators and miscellaneous heat-producing appliances, moved with or installed in any moved building. A separate permit shall be obtained for the equipment installed in each separate building or structure.

 

c. Conditions of permit.

 

1. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

i. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

ii. The city shall be listed as an additional insured to such policy by separate endorsement.

 

iii.                The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

iv.                The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

v. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required in subsections (a)(2)c.1.ii and iii of this section are in effect.

 

2. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the moving of any building or structure shall at all times assume full responsibility for such work. Permission shall be further conditioned that any person, firm, or corporation shall release, hold harmless, and indemnify the city and all of the agents and employees from any and all responsibility, liability, loss, or damage resulting to any persons or property caused by or incidental to the moving of the building or structure.

 

3. Commencement and completion of work. See section 18-19(c)(3), pertaining to expiration of building moving permits.

 

(3) Conditions of permit for demolition work. Conditions of permits for demolition work are as follows:

 

a. Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

 

1. The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

 

2. The city shall be listed as an additional insured to such policy by separate endorsement.

 

3.                  The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

4.                  The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state of Missouri.

 

5. Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (a)(3)a.2 and 3 of this section are in effect.

 

b. Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the demolition work of any building, structure, or utility shall at all times assume full responsibility for such demolition and shall hold harmless and indemnify the city and the building official from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the demolition work.

 

c. Commencement and completion of work. See section 18-19(c)(4), pertaining to expiration of permits for demolition work.

 

d. Damage to public property. The permit holder assumes liability for any incurred damage to public property.

 

(4) Temporary structures and uses.

 

a. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

 

b. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the code as necessary to ensure the public health, safety and general welfare.

 

c. Permits for temporary electrical service installations not to exceed 90 days' duration may be granted for fairs, carnivals, exhibitions, exterior lighting for decorative display and similar purposes. Permits for temporary electrical service installations not to exceed 180 days' duration may be granted for construction jobs. The time limit shall be subject to renewal, if requested in writing and if the building official determines that the temporary permit is not being used to evade the requirements of permanent electrical service installation, will not adversely affect the public safety, or is justified because of circumstances not within the control of the permit holder.

 

d. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

 

(5) Conditional permits. Upon written application, the building official may issue conditional permits, which shall not be considered a building permit for the purpose of chapter 88 of the Code of Ordinances, pertaining to subdivisions.

 

(6) Special nighttime building permits.

 

a. Notwithstanding any other provision of this chapter or of any other provision of the Code of Ordinances, no construction work, including excavation, demolition, hauling, dumping or filling, may be performed between the hours of 9:00 p.m. and 7:00 a.m. within 500 feet of an occupied residential structure located in an area zoned residential unless the building official issues a special building permit authorizing the work. The following types of construction work are exempted from the requirement of obtaining a special nighttime building permit:

 

1. Emergency work authorized pursuant to subsection (a)(1) of this section.

 

2. Construction work being completely conducted inside a closed-in structure whenever such construction work does not involve the use of jackhammers, air compressors or other heavy equipment or continuing truck operations.

 

3.                  Roofing during the months of June through September, both inclusive.

4.                  Framing activities for conventional, wood-framed residential structures during the months of June through September, both inclusive.

 

b. The building official shall address in each special building permit issued authorizing nighttime work the following items:

 

1. Traffic routes to be used by construction equipment and trucks;

 

2. Means of lighting the construction site or place of operation;

 

3. Whether the noise level shall be a provision of the permit;

 

4. The type of work to be done and the nature of the project; and

 

5. Density of the residential area potentially affected by the nighttime work.

 

c. The director of health and director of public works are authorized to assist the building official in establishing criteria for the issuance of a special building permit authorizing nighttime work.

 

(7) Annual permits. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permits. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

(b) Exempted work. A permit shall not be required for the types of work in each of the separate classes of permit as listed in this subsection. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the city.

 

(1) Building permits. A building permit shall not be required for the following:

 

a. One-story detached accessory buildings used as tool and storage sheds, playhouses, garages, carports, and similar uses, provided the projected roof area does not exceed 200 square feet (18.58 m²).

 

b. Oil derricks.

 

c. Movable cases, counters and partitions not over five feet nine inches (1753 mm) in height.

 

d. Retaining walls which are not over 4 feet (1219 mm) in height measured from grade on the low side of the wall, unless supporting a surcharge or impounding flammable liquids or when adjacent to a public right-of-way.

 

e. Fences.

 

f. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

 

g. Platforms and decks not more than 30 (762 mm) inches above grade at any point and not over any basement or story below.

 

h. Temporary motion picture, television and theater stage sets and scenery.

 

i. Window awnings supported by an exterior wall of a Group R-3 and Group U occupancies when projecting not more than 54 inches (1372 mm).

 

j. Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than 24 inches (610 mm) deep, in which the pool walls are entirely above the adjacent grade and which do not exceed 5,000 gallons (18,927 L).

 

k. Reroofing (replacement of roof coverings) one- and two-family residences with light roof covering or reroofing other structures in accordance with the requirements of this code pertaining to materials and installation methods. Exempted reroofing work does not include replacement of roof sheathing/deck or structural modifications or alterations to the building or structure.

 

l. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city. Administrative office buildings for such franchised utilities shall require building permits as described in subsection (a)(1) of this section.

 

m. Replacement of exterior wall covering for detached one- and two-family dwellings.

 

n. Replacement of doors and windows in existing openings where fire resistance, smoke control and opening protection are not required by article II.

 

o. Repairs of holes in plaster or gypsum board walls.

 

p. Installation or replacement of wall or floor mounted cabinets (kitchen, bath, etc.).

 

q. Painting, papering, installation of carpeting/floor coverings and similar finish work.

 

r. Installation or replacement of exterior gutters and downspouts.

 

s. Tuckpointing brick and/or stone masonry.

 

t. Replacement of soffits and wall or roof sheathing less than 32 square feet (2.97 m²) in area for one- and two-family dwellings.

 

u. Replacement of interior or exterior trimwork.

 

v. Boarding up vacant buildings.

 

w.                Walks, patios and driveways constructed on existing grade.

 

x.                  Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

 

y.                  Swings and other playground equipment accessory to one- and two-family dwellings.

z.                   Grading or excavation of any land or premises under at least one of the following conditions:

 

1.                  When approved by the building official, grading in an isolated, self-contained area provided there is no danger to private or public property;

2.                  An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit;

3.                  Cemetery graves;

4.                  Refuse disposal sites authorized and controlled by other regulations;

5.                  Excavations for wells, or trenches for utilities.

6.                  Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

7.                  Exploratory excavations under the direction of soils engineers or engineering geologists;

8.                  An excavation which (1) is less than 2 feet in depth, or (2) which does not create a cut slope greater than 5 feet in height and steeper than 1-1/2 horizontal to 1 vertical;

9.                  A fill, placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical, and which does not obstruct a drainage course, provided that such fill is either: less than 1 foot in depth; or, is less than 3 feet in depth, does not exceed 50 cubic yards on any one lot or parcel, and is not intended to support structures.

 

aa. Ordinary maintenance of an existing parking surface. Ordinary maintenance shall include the resurfacing of an existing parking surface, which was in compliance with this chapter.

 

(2) Mechanical permits. A mechanical permit shall not be required for the following:

 

a. Any portable heating appliance.

 

b. Any portable ventilating equipment.

 

c. Any portable cooling unit.

 

d. Any portable evaporative cooler.

 

e. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this code.

 

f. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

 

g. Replacement of grills and diffusers on existing mechanical ductwork.

 

h. Any self-contained refrigeration system that contains 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less.

 

i. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to mechanical work. Administrative office buildings for such franchised utilities shall require mechanical permits as described in subsection (a)(1) of this section.

 

(3) Plumbing permits. A plumbing permit shall not be required for the following:

 

a. Repairs which involve only the working parts of a faucet or valve.

 

b. Clearance of stoppages.

 

c. Repairing or replacement of defective fixtures or valves provided alterations or extensions of piping systems are not made.

 

d. Replacement and repair of lavatory and sink traps.

 

e. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to plumbing work. Administrative office buildings for such franchised utilities shall require plumbing permits as described in subsection (a)(1) of this section.

 

(4) Elevator permits. An elevator permit shall not be required for the following:

 

a. Material hoists within the scope of ANSI A10.5.

 

b. Mobile scaffolds, towers and platforms within the scope of ANSI A92.

 

c. Powered platform and equipment for exterior and interior building maintenance within the scope of ANSI A120.1.

 

d. Conveyors and related equipment within the scope of ASME B20.1.

 

e. Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30.

 

f. Industrial trucks within the scope of ASME B56.

 

g. Portable equipment, except for portable escalators, which are covered by article IX of this chapter.

 

h. Tiering or piling machines used to move material to and from storage located and operating entirely within one story.

 

i. Equipment for feeding or positioning material at machine tools, printing presses, etc.

 

j. Skip or furnace hoists.

 

k. Wharf ramps.

 

l. Amusement devices.

 

m. Stage and orchestra lifts.

 

n. Lift bridges.

 

o. Railroad car lifts or dumpers.

 

p. Mechanized parking garage equipment.

 

q. Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator.

 

r. Mine elevators not located in or adjacent to a building or structure.

 

s. Manlifts within the scope of ASME 90.1.

 

t. Platform elevators installed in a ship or offshore drilling rig and used for the purpose of loading and unloading cargo, equipment and personnel.

 

u. Shipboard elevators.

 

v. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to elevator work. Administrative office buildings for such franchised utilities shall require elevator permits as described in subsection (a)(1) of this section.

 

(5) Electrical permits. An electrical permit shall not be required for the following:

 

a. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

 

b. Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to electrical work. Administrative office buildings for such franchised utilities shall require electrical permits as described in subsection (a)(1) of this section.

 

c. The installation, alteration or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution or metering of electricity.

 

d. The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

 

e. Replacement of snap switches, receptacles and fixtures (other than ceiling fans) where no alteration or extension of an existing circuit is required.

 

(6) Sign permits. A sign permit shall not be required for the following:

 

a. The advertising copy or message, on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exemption.

 

b. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

 

c. Any sign placed or painted on the inside of a building or on the inside or outside of any bus, taxicab or other vehicle.

 

d. Any sign painted or lettered directly on the wall of any building or structure which advertises the name of the owner or lessee or sublessee of the building, or the products manufactured, sold or stored in such building; or any sign painted on the surface of any window or door of a building.

 

e. Miscellaneous traffic or other municipal signs, danger signs, railroad crossing signs, legal notices or trespassing signs, or signs of public service companies indicating danger or aids to service or safety.

 

f. Emergency, nonadvertising signs.

 

g. Real estate signs advertising the sale, rental or lease of the premises on which they are maintained; provided that there is not more than one such sign for any street frontage and the total gross area does not exceed 32 square feet (2.97m²).

 

h. Tablets constructed of bronze, brass, stone or other noncombustible materials, when built or attached to the walls of a building or other structure, provided that such tablets bear only the name of the owner, the name or use of the building, the date of erection of the building or commemorative matter.

 

i. Signs announcing the name of the architect, engineer and contractors of a building under construction, alteration or repair, and announcing the character of the building enterprise or the purpose for which the building is intended.

 

j. Signs of public service companies indicating danger, ownership of property, offices, or places where their service is available to the public, when the signs are placed flat against the wall of a building or other structure.

 

k. Signs less than ten square feet in area in residential zoning districts.

 

Sec. 18-20. Fees.

 

(h) Inspection fees.

 

(5) Certificate of inspection for multilevel parking station structures. Inspection and certification of multilevel parking station structures pursuant to section 18-21(g)(3) of this chapter, parking stations shall be completed by the building official upon payment of a fee of $ 272.00 payable upon application for certification of inspection.

 

Sec. 18-21. Inspections.

 

(g) Periodic inspections.

 

(4) Multilevel parking structures.

 

(a) Each owner of a multilevel parking station structure in its 15th year of age and every five years thereafter shall cause it to be inspected for structural adequacy by a registered professional engineer licensed in the State of Missouri. A form known as the Parking Structure Periodic Inspection Report shall be completed, sealed by the professional engineer who performed the inspection, and submitted to the city planning and development director to verify the conditions found. The Parking Structure Periodic Inspection Report shall be submitted by June 1st of the sixteenth year and every five years thereafter.

(b) If the Parking Structure Periodic Inspection Report certifies that all applicable structural elements are satisfactory or if the Parking Structure Periodic Inspection Report certifies that there are some limited concerns and the professional engineer certifies that the structure has sound structural integrity, and should be considered safe for occupancy, then the city planning and development director shall issue a letter of acceptance. Such letters of acceptance shall expire five years from the date they are issued. Letters of acceptance may be revoked before expiration by the city planning and development director if the condition of the structure becomes unsafe.

(c) If the Parking Structure Periodic Inspection Report indicates that the parking structure or part of the structure is unsafe or incapable of carrying the loads for which it was designed without repairs or modifications, the city planning and development director may require the owner to immediately vacate the entire structure or that part of the structure which is deemed unsafe. The structure or that part of the structure that is ordered vacated shall remain unused and unoccupied by either persons or vehicles until proper repairs or modifications render the structure safe and the opinion as required in (b) by the professional engineer is given. Once the required repairs or modifications have been completed and the professional engineer certifies that it has sound structural integrity and should be considered safe for occupancy, the city planning and development director shall issue a letter of acceptance as required in (b) and the structure shall be allowed to be occupied.

(d) No owner shall use or occupy a multilevel parking structure which structure is over the age of 16 years without a letter of acceptance as referred to in section (b) above.

(e) Fees for the letter of acceptance shall be as provided in section 18-20 of this chapter.

 

Section B.  That Chapter 88, the Zoning and Development Code, is hereby amended by repealing Sections 420, and 88-801-1370, and enacting new sections of like number and title, and by enacting new sections 88-810-341, 88-810-1107, and 88-810-1442, said reenacted and new sections to read as follows:

 

88-420-01-A The regulations of this article are intended to ensure provision of off-street parking and loading facilities in rough proportion to the generalized parking and loading demands of different land uses. By requiring such facilities, it is the intent of this article to help avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmental and urban design impacts that can result from parking facilities and other vehicular use areas.

 

88-420-01-B The regulations promote flexibility and recognize that excessive off-street parking conflicts with the city's policies related to transportation, land use, urban design, historic preservation, and sustainability.

88-420-02 -A.     NEW DEVELOPMENT

Unless otherwise expressly stated, the parking and loading standards of this article apply to all new buildings constructed and all new uses established in all zoning districts after September 10, 1951.

 

88-420-02 -B.     ENLARGEMENTS AND EXPANSIONS

1.      Unless otherwise expressly stated, the parking and loading standards of this article apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking and loading requirements.

 

2.      In the case of enlargements or expansions triggering requirements for additional parking or loading, additional off-street parking and loading spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking or loading deficits.

 

88-420-02-C.     CHANGE OF USE OR OCCUPANCY

Unless otherwise expressly stated, when the use or occupancy of property changes, additional off-street parking and loading facilities must be provided to serve the new use or occupancy only when the number of parking or loading spaces required for the new use or occupancy exceeds the number of spaces required for the use that most recently occupied the building, based on the standards of this zoning and development code. In other words, "credit" is given to the most recent lawful use of the property for the number of parking spaces that would be required under this zoning and development code, regardless of whether such spaces are actually provided. A new nonresidential use is not required to address a lawful, existing parking deficit.

When a use that has been damaged or destroyed by fire, collapse, explosion, or other cause is re-established, off-street parking or loading facilities must also be re-established or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities in excess of those required by this zoning and development code.

88-420-04-A.     DC ZONING DISTRICT

No off-street parking is required in the DC (Downtown Core) zoning district.

 

88-420-04-B.     DX ZONING DISTRICT

Nonresidential uses in the DX district outside of the Crossroads area are not required to provide off-street parking unless such uses exceed 4,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 4,000 square feet.

 

88-420-04-C.     CROSSROADS AREA

1. Retail sales-related uses in the Crossroads area are not required to provide off-street parking for the first 4,000 square feet of gross floor area. For purposes of this paragraph, "retail sales-related uses" include general retail sales, food and beverage retail sales; and other uses that are primarily involved in the sales of goods to the general public.

 

2. Restaurants in the Crossroads area are not required to provide off-street parking spaces for the first 2,000 square feet of gross floor area, per building.

 

88-420-04-D.     BROOKSIDE BUSINESS DISTRICT AREA

There are no minimum nonresidential parking requirements or residential parking requirements for residential units in mixed-use structures in the Brookside Business District Area. Individual non-residential uses may not provide more than 1.5 times the minimum parking requirements of 88-420-06 on the same lot or on a combination of the same and contiguous lots in any zoning district, provided however, any individual use that would require 4 or fewer spaces may provide up to 6 parking spaces. Multiple tenants in a common structure or structures sharing a common wall will be considered an individual use for purposes of this calculation. Mixed-use structures may provide a maximum of one parking space per dwelling unit for purposes of this calculation.

Editor's Note: Intended to apply in the area zoned BBD immediately prior to January 1, 2011.

 

88-420-04-E.     DOWNTOWN LOOP

Uses within the Downtown Loop are not required to provide off-street parking or loading.

 

88-420-04-F.     B1 ZONING DISTRICT

Nonresidential uses in the B1 district are not required to provide off-street parking unless such uses exceed 2,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 2,000 square feet.

 

88-420-04-G.     PEDESTRIAN-ORIENTED OVERLAY DISTRICT

Nonresidential uses that are subject to the P/O district regulations of 88-230 are not required to provide off-street parking unless such uses exceed 4,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 4,000 square feet.

 

88-420-04-H.     LANDMARKS AND HISTORIC DISTRICTS

1.         No off-street parking or loading spaces are required for rehabilitation or reuse of an official local or national historic landmark.

 

2.         No off-street parking or loading spaces are required for rehabilitation or reuse of an existing contributing building within an official local or national historic district.

 

88-420-04-I.     WESTPORT AREA

Restaurants in the Westport Area must provide off-street parking at a minimum rate of 2.5 spaces per 1,000 square feet.

 

88-420-04-J.     RAPID TRANSIT STOPS

Special parking regulations apply to uses on lots located within 1,000 feet of a rapid transit stop, as follows.

1.         Office and manufacturing uses are not required to provide off-street parking spaces for the first 10,000 square feet of gross floor area.

 

2.         The following uses are not required to provide off-street parking for the first 4,000 square feet of gross floor area: artist work or sales space, food and beverage retail sales, personal improvement service, and retail sales. Uses may not exceed otherwise applicable minimum off-street parking requirements by more than 3 spaces or 33%, whichever is greater, unless such "extra" spaces are provided in a parking garage.

 

3.         Restaurants are not required to provide off-street parking for the first 2,000 square feet of gross floor area per building.

 

4.         The above exemptions may be used in combination with any other exemption, reduction, or special area standards.

 

88-420-04-K.     EFFECT OF VEHICLE PARKING REDUCTION OR EXEMPTION ON BICYCLE PARKING REQUIREMENTS

The bicycle parking requirements of 88-420-09 apply regardless of any vehicle parking exemptions and reductions authorized in this section (88-420-04).

 

88-420-04-L.  DOWNTOWN STREETCAR AREA

Uses within the Downtown Streetcar Area are not required to provide off-street parking.

Existing parking and loading spaces may not be reduced below the minimum ratios established in this article or increased above any maximum parking ratios established in this article.

Except as otherwise expressly stated, off-street parking must be provided in accordance with the following minimum ratios. In lieu of complying with these minimum standards, applicants may apply for approval of an alternative compliance parking plan, in accordance with 88-420-15. See also the exemptions reductions and special area standards of 88-420-04. Bicycle parking must be provided in accordance with 88-420-09.

 

 

Table 420-1.

 

The following rules apply when calculating the number of parking spaces required:

88-420-07-A.     MULTIPLE USES

Unless otherwise expressly stated, lots containing more than one principal use must provide parking in an amount equal to the total (cumulative) requirements for all principal uses.

 

88-420-07-B.     AREA-BASED STANDARDS

Unless otherwise expressly stated, all area-based (square footage) parking standards must be computed on the basis of gross floor area, which is to be determined by the outside dimensions of the building, less any area within the building devoted to parking. The city planning and development director is authorized to determine the floor area measurement of uses not located within buildings, based on the nature of the use, the expected duration of use and the amount of customer and employee-related vehicle traffic expected to be generated by the outdoor area.

 

88-420-07-C.     EMPLOYEE- OR OCCUPANCY-BASED STANDARDS

1.         For the purpose of calculating parking requirements based on employees, students, or other occupants, calculations are to be based on the total persons and employees present or on duty at any one time when the maximum functional use of the building or land is being made.

 

2.         The number of persons in assembly areas with fixed seating or a designed functional seating capacity is to be based on maximum functional seating capacity.

 

3.         The number of persons in assembly areas without fixed seating or without a designed functional seating capacity is to be based on the total net floor area actually used for public assembly, divided by 15.

 

4.         If more than one assembly area within a building is used simultaneously by different adult persons, then the capacity of all such assembly areas must be computed.

 

5.         If several assembly areas within a building are not used simultaneously but are used by the same group of persons separately at different times, then the computation is to include only the assembly area comprising the maximum simultaneous occupancy.

88-420-08-A.     Upon receipt of an application of a use for which no parking ratio is established in 88-420-06, decision-making bodies may apply the parking ratio that applies to the most similar use or establish a different minimum parking requirement on the basis of parking data provided by the applicant and the city planning and development department.

 

88-420-08-B.     When the use requires special use or similar approval, the final decision-making body on the special use or other approval is authorized to establish the applicable parking ratio. When the use is permitted, the city planning and development director is authorized to establish the applicable parking ratio.

 

88-420-08-C.     Parking data and studies must include estimates of parking demand based on reliable data collected from comparable uses or on external data from credible research organizations. Comparability will be determined by density, scale, bulk, area, type of activity and location. Parking studies must document the source of all data used to develop recommended requirements.

88-420-09-A.     GENERAL

This section establishes requirements for short-term bicycle parking and long-term bicycle parking.

 

88-420-09-B.     SHORT-TERM

Short-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for short time periods, including customers, clients, and students.

1.         SPACES REQUIRED

a.       Short-term bicycle parking is required for multi-unit residential buildings containing more than 12 dwelling units and all nonresidential development. Unless otherwise expressly stated, all multi-unit residential buildings containing more than 12 dwelling units and all nonresidential uses must provide at least 3 short-term bicycle parking spaces or short-term bicycle spaces equal in number to at least 10% of the actual number of off-street vehicle parking spaces provided, whichever is greater.

 

b.      The following minimum short-term bicycle parking requirements apply to colleges, universities, schools, and libraries:

1.      Elementary and middle school: 1 space per 7 students;

 

2.      High school: 1 space per 10 students;

 

3.      Colleges and universities: 1 space per 4 students; and

 

4.      Libraries: 1 space per 5 vehicle parking spaces.

 

c.       After the first 50 short-term bicycle parking spaces are provided, additional short-term bicycle parking spaces must be provided at 50% of the otherwise required ratio.

 

2.         DESIGN AND LOCATION

a.       GENERAL
"Inverted-U" bike racks are required for short-term bicycle parking spaces. The city planning and development director is authorized to approve alternative designs that offer an equivalent level of safety, security, and effectiveness. In all cases, required short-term bicycle parking spaces must:

1.      consist of bike racks or lockers anchored so that they cannot be easily removed

 

2.      be of solid construction, resistant to rust, corrosion, hammers, and saws;

 

3.      allow both the bicycle frame and the wheels to be locked using a standard U-lock;

 

4.      be designed so that they will not cause damage to the bicycle; and

 

5.      facilitate easy locking without interference from or to adjacent bicycles.

 

b.      SIZE
Required short-term bicycle parking spaces must have minimum dimensions of 2 feet in width by 6 feet in length, with a minimum overhead vertical clearance of 7 feet.

 

c.       LOCATION

1.      Required short-term bicycle parking spaces may be located indoors or outdoors.

 

2.      Such spaces must be located on private property unless a right-of-way encroachment permit is obtained in accordance with Section 18-40, of the city code.

 

3.      Required short term-bicycle facilities must be located in highly visible, active, well-illuminated areas that do not interfere with pedestrian movements.

 

4.      Required short term-bicycle facilities must be located as near as practicable to the building, in an area that is visible to customers and employees entering and leaving the premises.

 

5.      If required short-term bicycle parking facilities are not visible from the abutting street or the public building entrance, signs must be posted indicating their location.

 

6.      Short-term bicycle parking spaces located within parking structures must be located on the ground level.

 

88-420-09-C.     LONG-TERM

Long-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for long time periods, including employees and residents.

1.      SPACES REQUIRED

Long-term bicycle parking is required in accordance with the following minimum ratios:

 

 

a.       DESIGN AND LOCATION

1.      General
In all cases, required long-term bicycle parking spaces must:

a.       consist of bike racks or lockers anchored so that they cannot be easily removed

 

b.      be of solid construction, resistant to rust, corrosion, hammers, and saws;

 

c.       allow both the bicycle frame and the wheels to be locked using a standard U-lock;

 

d.      be designed so as not to cause damage to the bicycle; and

 

e.       facilitate easy locking without interference from or to adjacent bicycles.

 

2.      Size 
Required long-term bicycle parking spaces must have minimum dimensions of 2 feet in width by 6 feet in length, with a minimum overhead vertical clearance of 7 feet.

 

3.      Location
Required long-term bicycle parking must be provided in at least one of the following locations:

a.       in a locked room;

 

b.      in an individual or community storage area;

 

c.       in a bicycle locker;

 

d.      in a locked area that is enclosed by a fence or wall with a minimum height of 8 feet;

 

e.       in a private garage serving a dwelling within a multi-unit (residential)building;

 

f.       inside a residential dwelling unit if the dwelling unit has an exterior ground floor entry;

 

g.      in an area within clear view of an attendant or security personnel;

 

h.      in an area continuously monitored by security cameras; or

 

i.        in an area that is visible to customers and employees entering and leaving the premises.

 

4.      Covers
Long term bicycle parking spaces may be provided either indoors or outdoors. All outdoor spaces must be covered by a roof overhang, canopy, awning, or other approved structure, or be enclosed within a bicycle locker.

 

88-420-09-D.     NON-ACCESSORY PARKING FACILITIES

Non-accessory parking facilities containing more than 50 parking spaces must provide at least two long-term bicycle parking spaces for each 50 vehicle parking spaces within the parking facility.

 

88-420-09-E.     ADMINISTRATIVE ADJUSTMENTS

The city planning and development director is authorized to approve an administrative adjustment reducing the number of bicycle spaces required for a particular use in accordance with 88-570.

 

88-420-09-F.     INCENTIVE FOR OTHER BICYCLE FACILITIES

See 88-420-16-K.

For any nonresidential use providing 50 or more off-street spaces, a maximum of 3 required off-street parking spaces per 50 vehicle spaces may be reduced in size or otherwise redesigned to accommodate parking for motorcycles and scooters. When provided, motorcycle and scooter parking must be identified by a sign.

88-420-11-A.     Off-street parking facilities may be used solely for the temporary parking of licensed motor vehicles in operating condition. Required parking facilities may not be used for the display of goods for sale or lease or for storage of building materials.

 

88-420-11-B.     Off-street parking spaces are intended to serve residents, tenants, patrons, employees, or guests of the principal use. Off-street parking spaces that are required by this zoning and development code must be maintained for the life of the principal use.

 

88-420-11-C.     No motor vehicle repair work of any kind is permitted in a parking facility.

88-420-12-a.    Purpose

The size and placement of vehicular use areas are regulated in order to enhance the appearance and character of residential districts.

 

88-420-12-B. Location and design

The following provisions apply to detached houses, zero lot line houses, cottage houses, attached houses, two-unit houses, and multi-unit houses. Multiplex and Multi-unit Buildings and uses as permitted in residential districts shall comply with 88-420-15, except as otherwise expressly stated. These standards apply to required and non-required parking.

 

 

1.      Parking on a driveway that leads to a parking space meeting the requirements of Table 420-3 is allowed. Parked vehicles shall not extend into any public right-of-way.

 

2.      All remaining areas not used as a vehicular use area must be landscaped.

 

3.      All vehicular use areas established either after September 10, 1951 or after annexation by the city shall be continuously paved with pavers or a permanent asphaltic or concrete paving unless otherwise allowed. Ribbon driveways shall be considered continuously paved. Pervious and impervious materials are allowed.

 

4.      Properties zoned AG-R, R-80, R-10 with an area of at least 3 acres may have a gravel driveway and residential parking spaces if the following are met:

a.       Any driveway and/or parking space must be paved for the first 25 feet from the right-of-way.

 

b.      The surface of the driveway and residential parking space meet the requirements of 88-420-15-M.

 

88-420-12-C. USE

1.      Off-street parking located outside of an enclosed building in residential districts may be used solely for the parking of passenger motor vehicles.

 

2.      Commercial vehicles shall not be parked in any R district except for the temporary purposes of making deliveries or providing services.

 

3.      Any use as permitted in Districts R-80 an AG-R may park commercial vehicles being used in conjunction WITH their services and activities.

 

4.      Any public/civic use as permitted in an R district may park emergency vehicles in conjunction with their services and activities.

 

5.      No busses of any kind shall be parked in an R district. However, the users of any public/civic or group living use permitted in an R district, may park busses on their lots in conjunction with their services and activities.

88-420-13-A.     GENERAL

Except as otherwise expressly stated in this zoning and development code, required parking spaces must be located on the same lot as the use to be served by the parking.  Accessory parking areas require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the accessory parking area, unless approved as a special use pursuant to 88-525.

 

88-420-13-B. In O, B, and M districts, and multiplex and multi-unit buildings, parking facilities are prohibited in required front and side setback areas and in required landscape areas. See 88-425-05 for information on vehicular use area perimeter landscaping requirements.

 

88-420-13-C. Access to off-street parking areas serving nonresidential uses may not traverse residentially zoned property.

 

88-420-14-A.     GENERAL

This section establishes requirements for accessible parking. When accessible parking spaces are required by this section, they shall be designed and constructed in accordance with this section. Where passenger loading zones are provided, they shall be accessible in accordance with this section.

 

88-420-14-B.    MINIMUM REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES

Where parking facilities are provided, parking spaces shall be provided in accordance with the following minimum ratios. Each parking facility on a site shall be calculated separately.

 

 

 

1. Van accessible spaces

For every six accessible parking spaces required this section at least one shall be van accessible parking space.

2. exceptions

a.       Detached houses, zero lot line houses, cottage houses, attached houses, and two-unit houses are exempt from providing accessible parking spaces.

 

b.      Parking facilities used exclusively for the storage of motor vehicles shall not be required to provide accessible parking provided that parking facilities accessed by the public comply with this section.

 

c.       Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall comply with Table 420-4.

 

d.      Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Table 420-4.

 

88-420-14-C. DESIGN AND CONSTRUCTION OF ACCESSIBLE PARKING FACILITIES

Accessible car and van parking spaces shall comply with this section.

 

 

 

1. LOCATION

a.       Accessible parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. Wherever practical, the accessible route of travel shall not cross lanes of vehicular traffic. Where crossing traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

 

b.      All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility.

 

c.       Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

 

2. access aisles

a.       Accessible parking spaces and loading zones shall have an adjacent access aisle

 

b.      Access aisle shall adjoin an accessible route.

 

c.       Two parking spaces are permitted to share a common access aisle

 

d.      Access aisles shall be marked so as to discourage parking in them.

 

e.       Access aisles shall not overlap the vehicular way. Access aisles are permitted to be placed on either side of the parking space except for angled van parking spaces which shall have access aisles located on the passenger side of the parking spaces.

 

f.       Access aisles shall be at the same level as the parking spaces they serve.

 

3. SIGNAGE

a.       Each accessible parking space shall be identified by signage.

 

b.      Parking space identification signs shall include the International Symbol of Accessibility.

 

c.       Signs identifying van parking shall contain the designation “van accessible.”

 

d.      Signs shall be 60 inches minimum above the ground surface of the parking space measured to the bottom of the sign.

 

4. MATERIAL AND DESIGN

a.       Accessible vehicular use areas shall be firm, stable, smooth and slip-resistant and shall have a slope not to exceed one vertical in 48 horizontal. Accessible vehicular use areas shall be surfaced with a permanent asphaltic or concrete paving.

 

b.      Where a curb exists between a parking lot surface and a sidewalk surface, an inclined curb ramp or a curb cut shall be provided. Curb ramps shall not be less than 36 inches in width, exclusive of the required side slopes. The maximum slope of the curb ramp or curb cut shall not exceed one vertical in 12 horizontal. The maximum side slopes of the curb ramps or curb cuts shall not exceed one vertical in ten horizontal. Built-up curb ramps shall be located so as not to project into vehicular ways or to be located within accessible parking spaces.

 

5. MARKING

a.       Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings. Where parking spaces or access aisles are not adjacent to another parking space or access aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle

88-420-15-A.     PARKING SPACE DIMENSIONS

1. A parking space shall provide for the following in length and width for space:

 

 

2. Parallel parking spaces shall provide a minimum of four additional feet of unobstructed maneuvering space in the length dimension. The maneuvering space may be located within the designated parking space itself, or adjacent to either or both ends of the space. If provided partially or wholly outside the designated parking space itself, the maneuvering space may include the area of drive aisles, but shall not include curb overhangs, public right of way or other designated parking spaces.

 

88-420-15-B.     PARKING AISLE DIMENSIONS

1. Aisle widths for access to parking spaces shall provide a minimum as follows:

 

 

2. In either situation, an aisle serving two or more angles of parking or size of spaces shall comply with the greater width required.

 

3. The city planning and development director may approve the use of other commonly recognized national standards in lieu of these requirements in accordance with section 18-6 of the Code of Ordinances.

 

88-420-15-C. Materials

1.      Parking surfaces shall be kept in good repair at all times. The parking surface shall not be allowed to degenerate to a point of disrepair where there is loose gravel or potholes, or to a condition where mud or gravel may be tracked onto the street. All screening and barriers shall be maintained in good condition and shall not be allowed to fall into a state of disrepair.

 

2.      All vehicular use areas established either after September 10, 1951 or after annexation by the city shall be continuously paved with pavers or a permanent, asphaltic or concrete paving unless otherwise allowed. Pervious and impervious materials are allowed.

 

3.      Gravel vehicular use areas shall be paved when providing parking and/or loading for new buildings or building expansions which constitute a major amendment per 88-516-06-A or require a project plan per 88-518.

 

88-420-15-D. LIGHTING

Parking facilities which are normally used by employees and the general public during the hours of darkness after 6:00 p.m. shall be provided with lighting meeting the requirements of 88-430.

 

88-420-15-e.     INGRESS/EGRESS

All nonresidential parking areas must be designed to allow vehicles to enter and exit (to the street) in a forward motion.

 

88-420-15-f.     LANDSCAPING

Parking areas must be designed to comply with the vehicular use area landscaping requirements of 88-425.

 

88-420-15-g.     STORMWATER

Parking facilities must comply with the stormwater management and water quality requirements of the city's Standards, Specifications and Design Criteria, including the incorporation of Best Management Practices.

 

88-420-15-h.     LARGE PARKING AREAS

Surface parking lots (i.e., outdoor, ground-level parking lots) containing more than 250 parking spaces must:

1. be visually and functionally segmented into smaller parking bays by interior landscaping in accordance with 88-425-06 to reduce visual and stormwater runoff-related impacts;

 

2. provide safe, visible access for non-motorized traffic to and through the development site through such techniques as changes in paving surface materials, landscaped pedestrian walkways or pedestrian refuge islands and safety and directional lighting; and

 

3. use traffic calming techniques for pedestrian safety.

 

88-420-15-i.     small car PARKING

All parking facilities shall accommodate a standard-sized car; however, the city planning and development director may approve the use of facilities for smaller cars provided sufficient evidence is presented showing the need for such facilities. Such smaller facilities shall not exceed 50 percent of the total number of spaces and shall be shown on a parking plan. Small car parking spaces shall be identified by painted pavement or signage.

 

88-420-15-J. ATTENDANT BUILDINGS AND TICKET MACHINES

Attendant buildings and ticket machines, when provided, shall be located inside the vehicular use area at least 20 feet away from the entrance to minimize congestion on public property, except where compliance would require the alteration or relocation of an existing permanent structure.

 

88-420-15-K. MANEUVERING IN THE PUBLIC RIGHT-OF-WAY

No vehicular use area shall use the public sidewalk, parkway, street or thoroughfare for parking or unparking operations.

 

88-420-15-L. WHEEL STOPS

A curb or wheel stop shall be provided for all parking spaces adjacent to planting or pedestrian areas to prevent parked vehicles from overhanging those areas.

 

88-420-15-M. GRAVEL

When allowed, gravel vehicular use areas shall comply with the following standards:

1.      The surface of the vehicular use area shall consist of a uniform layer of gravel evenly distributed from edge to edge and shall be free of bare spots and vegetation.

 

2.      The depth of the gravel layer shall be at least 2 inches.

 

3.      The material used for a gravel vehicular use area shall be rock or crushed stone not more than 2 inch in diameter and shall not contain dirt, sticks, construction debris or other foreign material. Sand, rock dust or other similar material less than one-eighth inch in diameter is not prohibited, but shall not be included in the measurement of minimum gravel depth.

 

88-420-16-A.     SCOPE

This section authorizes several alternatives to strict compliance with the standards of this article.

 

88-420-16-B.     APPLICABILITY

Applicants seeking approval of an alternative compliance parking plan must secure approval of such plan in accordance with the provisions of this section.

 

88-420-16-C.     CONTENTS

Alternative compliance parking plans must be submitted in a form established by the city planning and development director and made available to the public. At a minimum, such plans must detail the type of alternative proposed and the rationale for such a proposal, including any supporting research or documentation required by the director.

 

88-420-16-D.     REVIEW AND APPROVAL PROCEDURE

The city planning and development director is authorized to approve, approve with conditions, or deny alternative compliance parking plans in accordance with the site plan review procedure of 88-530.

 

88-420-16-E.     RECORDING

The city planning and development director is authorized to require that an attested copy of an approved alternative compliance parking plan be filed with the appropriate county recorder of deeds office whenever the director deems necessary to ensure long-term availability and viability of the alternative parking arrangement. When recording of an agreement is required by the city planning and development director, no building permit, parking facilities permit, or occupancy certificate may be issued without proof of recordation.

 

88-420-16-F.     VIOLATIONS

Violations of an approved alternative compliance parking plan will be considered violations of this zoning and development code and be subject to the penalty and enforcement provisions of 88-615.

 

88-420-16-G.     APPROVAL CRITERIA

The city planning and development director is authorized to approve an alternative compliance parking plan if the applicant demonstrates to the satisfaction of the city planning and development director that the proposed plan:

1. will comply with all applicable requirements of this section;

 

2. will not adversely affect surrounding neighborhoods;

 

3. will not adversely affect traffic congestion and circulation; and

 

4. will have a positive effect on the economic viability or appearance of the project or on the environment.

 

88-420-16 -H.     AUTHORIZED ALTERNATIVES

The city planning and development director is authorized to approve alternative compliance parking plans for the following:

1. Shared parking (See 88-420-16-I);

 

2. Off-site parking (See 88-420-16-J);

 

3. Special facilities for cyclists (See 88-420-16-K);

 

4. Valet parking (See 88-420-16-L);

 

5. Transportation demand management programs (See 88-420-16-M);

 

6. Transit accessibility (See 88-420-16-N); and

 

7. Pervious parking surfaces (See 88-420-16-O); and

 

8. Car-share vehicle spaces (See 88-420-16-P).

 

9. Gravel Parking (See 88-420-16-Q)

 

88-420-16-I.     SHARED PARKING

1. DESCRIPTION
   Shared parking represents an arrangement in which two or more uses with different peak parking periods (hours of operation) use the same off-street parking spaces to meet their off-street parking requirements.

 

2. AUTHORIZATION AND CRITERIA

a.       The city planning and development director is authorized to approve an alternative compliance parking plan allowing shared parking arrangements for nonresidential uses with different hours of operation.

 

b.      The city planning and development director may permit up to 100% of the parking required for one use to be supplied by the off-street parking spaces provided for another use if the city planning and development director determines that the various activities will have peak parking demands at different periods of the day or week.

 

c.       In order to approve an alternative compliance parking plan for shared parking, the city planning and development director must find, based on competent evidence provided by the applicant, that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

 

d.      A request for approval of a shared parking arrangement must be accompanied by such information determined by the city planning and development director to be necessary to evaluate the peak parking demand characteristics or difference in hours and/or days of operation, including, but not limited to, a description of the uses and their operational characteristics, a development plan, and a parking study prepared by a licensed professional traffic engineer or equivalent qualified professional which justifies the reduction in parking requested.

 

3. LOCATION OF SHARED PARKING FACILITY

A use for which shared parking is proposed must be located within 1,000 feet walking distance of the shared parking, measured from the entrance of the use to the nearest parking space within the shared parking facilities.

 

4. AGREEMENT
   An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the city planning and development director in a form approved by the city planning and development director. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If a shared parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this article.

 

88-420-16-J.     OFF-SITE PARKING

The city planning and development director may permit any off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the standards of this section.

1. LOCATION
   No off-site parking space may be located more than 1,000 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This distance limitation may be waived by the city planning and development director if adequate assurances are offered that van or shuttle service will be operated between the shared lot and the principal use.

 

2. ZONING CLASSIFICATION

Off-site parking areas are accessory to the principal uses that the parking spaces serve. Off-site parking areas require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the off-site parking area unless approved as a special use pursuant to 88-525.

 

3. OFF-SITE PARKING AGREEMENT

An agreement providing for the use of off-site parking, executed by the parties involved, must be filed with the city planning and development director, in a form approved by the city planning and development director. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this article.

 

4. EXEMPTION
   Off-site parking in facilities in O, B, D, and M districts which meet the location and zoning classification requirements indicated in this section and which are in the same ownership as the lot to be served will not require approval of an alternative compliance parking plan per 88-420-15. 

 

88-420-16-K.     SPECIAL FACILITIES FOR BICYCLISTS

The city planning and development director may authorize up to a 15% reduction in the number of required off-street parking spaces for developments or uses that make special provisions to accommodate bicyclists. Examples of eligible accommodations include enclosed bicycle lockers, employee shower facilities, dressing areas for employees, and on-site public bicycle sharing stations. A reduction in required vehicle parking does not entitle the applicant to a reduction in required bicycle parking.

 

88-420-16-L.     VALET PARKING

The city planning and development director may authorize valet parking as a means of satisfying up to 100% of otherwise applicable off-street parking ratios. In order to approve an alternative parking plan for valet parking the city planning and development director must determine that the proposal satisfies the approval criteria of 88-420-15-G and that the valet parking will not cause interference with the public use of rights-of-way or imperil public safety.

 

88-420-16-M.   TRANSPORTATION DEMAND MANAGEMENT PROGRAMS

The city planning and development director may authorize up to a 50% reduction in the number of required off-street parking spaces for large employers (150 employees or more) that institute and commit to maintain a transportation demand management program, in accordance with the standards of this section.

1. REQUIRED STUDY

The applicant must submit a report to the city planning and development director that clearly indicates the types of transportation demand management activities and measures proposed.

 

2. TRANSPORTATION MANAGEMENT ACTIVITIES

The following transportation demand management activities may qualify for a reduction in otherwise required off-street parking ratios:

a.       The appointment of a transportation coordinator with responsibility for disseminating information on transit, ride-sharing and other alternative transportation options.

 

b.      The institution of off-peak work schedules, allowing employees to arrive at times other than the peak morning commute period. The peak morning commute period is defined as 7:00–9:00 a.m.

 

c.       The provision of specially marked spaces for each registered car pool and vanpool vehicles.

 

d.      The provision of cash or in-kind financial incentives for employees commuting by car pool, vanpool, and public transit.

 

88-420-16-N.     TRANSIT ACCESSIBILITY

The city planning and development director may authorize up to a 25% reduction in office parking ratios for uses located within 1000 feet of a transit stop with 30-minute or more frequent service during the hours of 7:00 a.m. to 9:00 a.m. This reduction may not be applied in conjunction with the special rapid transit provisions of 88-420-04-J.

 

88-420-16-O.     PERVIOUS PARKING SURFACES

The city planning and development director may authorize a portion of required off-street parking spaces to be provided on pervious surfaces if the city planning and development director finds that such spaces will be used only intermittently, either for special events or for seasonal peak parking demands or overflows in patronage of the principal use or uses.

1. The decision of the city planning and development director must indicate what number or percentage of required parking spaces may be provided on pervious surfaces.

 

2. The city planning and development director is authorized to determine acceptable pervious surfaces.

 

3. Parking spaces, aisles, etc. must be marked by flags, biodegradable dyes or paints, or some other method that does not kill grass or plants.

 

4. Pervious parking areas must be adequately drained.

 

88-420-16-P     CAR-SHARE VEHICLES

The city planning and development director may authorize a portion of a development's required off-street parking to be met by providing car-share vehicle parking on the development site, as follows:

1. For any development, one parking space or up to 5% of the total number of required spaces, whichever is greater, may be reserved for use by car-share vehicles. The number of required parking spaces may be reduced by one space for every parking space that is leased by a car-share program for use by a car-share vehicle. Parking for car-share vehicles may be provided in any non-required parking space.

 

2. For any development that (a) is required to provide 20 or more spaces and (b) provides one or more spaces for car-share vehicles, the number of required parking spaces may be reduced by 3 spaces for each reserved car-share vehicle parking space or by 15% of the total number of required spaces, whichever is less. An agreement between the property owner and a car-share program must be filed with the city planning and development director, in a form approved by the city planning and development director. The parking reduction will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the car-share vehicles. If the agreement lapses or is no longer valid, then the normally required parking spaces must be provided as otherwise required by this article.

 

88-420-16-Q     gravel parking

The city planning and development director may authorize a portion of a development's off-street parking and vehicular use areas to be gravel on the development site, as follows:

1.      Gravel vehicular use areas shall only be permitted in districts M3 and M4.

 

2.      Gravel is prohibited in any required setback or within 10 feet of any property or right-of-way line, whichever is greater.

 

3.      Gravel is not permitted on a lot adjacent to an R, B, O, D, M1 or M2 district, unless such lot is in the floodplain.

 

4.      Gravel may not be used for parking intended for use by the public.

 

5.      Gravel is not permitted on any lot or portion of a lot with a slope greater than 4 to

 

6.      Gravel surfaces shall comply with the standards of 88-420-15-M.

 

88-420-17-A.     RATIOS

Off-street loading spaces must be provided in accordance with the following schedule:

 

 

88-420-17-B.     DESIGN AND LOCATION

1. PLANS
   Plans for location, design, and layout of all loading spaces must be indicated on required development plans.

 

2. SPACE SIZE

Off-street loading spaces, excluding maneuvering areas, must be at least 10 feet wide and 25 feet long unless off-street loading will involve the use of semi-tractor trailer combinations or other vehicles in excess of 25 feet in length, in which case the minimum size of a space is 12 feet by 60 feet.

 

3. SURFACING AND MAINTENANCE

All off-street loading areas must be paved.

 

4. SIGNS
   "No Idling" or "Idle-Free Zone" signs must be posted in all off-street loading areas.

 

5. LOADING, UNLOADING, AND MANEUVERING

Unless otherwise approved by the city planning and development director, all loading and unloading spaces and related maneuvering areas must be located on the subject lot and may not be located in the right-of-way.

 

88-810-341 COMMERCIAL VEHICLES

Any motor vehicle having at least one of the following attributes:

1. Having a gross weight, whether loaded or unloaded, in excess of 18,000 pounds or exceeding 22 feet in length and designed to carry passengers for hire, or to haul or tow vehicles, freight, or merchandise; or

 

2. Any tractor, backhoe, blade, bucket, bulldozer, compactor, crane scraper, excavator, front-end loader, or other contractor’s equipment or attachment; or

 

3. Any tow truck, dump truck, step van, refuse or garbage truck, bus, semi-tractor cab or trailer, or other similar vehicle; or

 

4. Any agricultural tractor, farm implement or attachment, moving equipment or attachment, brush hog, trimmer, spreader and other lawn, landscape and turf maintenance equipment or attachments, or other similar equipment.

 

88-810-1107 PARKING FACILITY

A structure, place, parcel of ground, yard or enclosure used in whole or in part for providing parking space for or storing of motor vehicles regardless of whether a fee is charged for the parking of motor vehicles. The term "parking facility" includes what are commonly known as parking garages (including multilevel parking station facilities), parking lots or parking spaces, and does not include on-street parking spaces or residential spaces as defined herein.

 

88-810-1370 RAPID TRANSIT STOP

A designated area for loading and unloading passengers from fixed-rail or bus rapid transit vehicles, including MAX (Metro Area Express) buses.

 

88-810-1442 RESIDENTIAL PARKING SPACE

An off-street space provided for the parking of motor vehicles in conjunction with a detached house, zero lot line house, attached house, two-unit house, and multi-unit house.

 

Section C. That Chapter 52, Parking Stations, is hereby deleted.

 

Section D. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney