COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021268
Chapter 52 by repealing Section 52-4 and Section 52-74 and enacting in lieu
thereof two new sections of like number and subject matter and enacting a new
Article IV, Licensing of Surface Parking Lots Within the Central Business
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
1. That Chapter 52 is hereby amended by repealing Section 52-4 and Section
52-74, and enacting in lieu thereof two new sections of like number and
subject matter, to read as follows:
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business District means that area of downtown Kansas City which is bounded
by I-70 on the south, I-35/70 on the north, I-35 on the west and I-35 on the
parking station means a parking station which charges an hourly, daily,
weekly, monthly, or some multiple thereof, fee for parking or storing motor
vehicles. The term commercial parking station includes a surface parking lot
as defined herein.
means the director of the department of codes administration unless the context
clearly indicates otherwise.
parking station means a parking station operated on a full-time basis,
which is planned for some future purpose other than as a parking station.
vehicle means an automobile, truck, motor scooter, motorcycle, motor
tricycle or any other self-propelled motor vehicle.
Owner means any person, partnership, limited liability
company, corporation, or other firm, or governmental agency properly regulated
by the city that alone, or jointly or severally with others:
(1) Shall have legal title to any
building, structure or parcel of ground, or part thereof with or without
accompanying actual possession thereof; or
(2) Shall have
charge, care or control of any building, structure or parcel of ground, or part
thereof, as agent, employee or personal representative of the person or entity
having legal title to the building or structure, or part thereof.
station means 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 station includes what are commonly
No operator of a commercial parking station shall make any
charge for parking or storing a motor vehicle in excess of the rates set forth
on the sign or signs erected and maintained on the premises as required in
The operator of a commercial parking station may charge a
rate for special events different than the rate ordinarily charged if such
operator has placed over that portion of all signs indicating the usual rate
for parking a sign bearing the following legend: SPECIAL EVENT PARKING, and
indicating the increased rate in lettering at least twice as large as the
lettering of the usual rate indicated on the covered sign or signs.
2. That Chapter 52 is hereby amended by enacting a new Article IV, Licensing
of Surface Parking Lots Within the Central Business District, to read as
LICENSING OF SURFACE PARKING LOTS WITHIN
THE CENTRAL BUSINESS DISTRICT
Sec. 52-90. License
No person, partnership, limited liability company,
corporation or other firm shall engage in the business of operating a surface
parking lot within the Central Business District unless and until licensed in
accordance with the provisions of this Article.
Sec. 52-92. License
for a license to operate a surface parking lot shall complete a written
application to the Director, which application shall set forth the following
(1) The name and address of the applicant, and
if a partnership, the names and addresses of all partners, and if a limited
liability company, the names of all managers, members or managing members, and
if a corporation, the name, date and state under which incorporated, and the
names and addresses of the officers and the statutory agent.
(2) An accurately scaled and dimensioned site
plan sealed by a licensed architect or registered engineer and elevation
drawing(s) showing the configuration of entrances, exits, aisles and spaces;
identifying the right-of-way, curbs and sidewalks, signage, landscaping,
fencing, walls, berms, curbing, wheel stops, and screening materials; and
indicating the dimensions of all such elements.
(3) The hours during which motor vehicles may
be parked or stored and the hours during which the premises will be served by
(4) Such other reasonable and necessary
information as the Director deems pertinent to carry into effect the provisions
of this Article.
Sec. 52-94. License
Applications for issuance or renewal of a license to operate a surface parking
lot shall be filed with the Director. Applications requiring a site plan and
elevation drawing shall be transmitted by the Director to the Director of the
Department of City Development for a determination of compliance with the
landscaping and screening standards of this chapter. Such determination shall
be made within 30 days of transmission of the application. The Director shall
conduct a field inspection of the surface parking lot prior to issuance of a
license to determine whether the surface parking lot complies with the
provisions of this chapter and the approved landscaping and screening plans.
and Renewal. The director shall issue a license to an applicant upon
finding that the surface parking lot complies with the provisions of this
chapter. All licenses issued pursuant to this Article shall be issued for a
period of three (3) years. Licenses may be renewed if an application for renewal
containing the information listed in Section 52-92 is submitted to the
Director not less than ninety (90) days before termination of the previous
license. Applications for license renewal of a licensed surface parking lot
shall be accompanied by the required site plan and elevation drawing only in
the following two instances: 1) during or following the year in which
landscaping and screening compliance is required under Section 52-100, and 2)
if a change in the surface parking lot renders the previously submitted site
plan or elevation drawing inaccurate.
Extension. If an application for a license renewal has been submitted in
accordance with the provisions of this section, and if, prior to expiration of
the license, the City has not taken all administrative action required for
approval of the license renewal, the Director shall extend the
previously-issued license on a month-by-month basis until the City has taken
action as required by this Article.
to Premises. Licenses issued pursuant to this Article shall apply only to
the premises described in such application, and a separate application and
license shall be required for each site operated. Such license shall not be
assignable or transferable.
Fee. Each application for a new or renewal license shall be accompanied by
a fee as follows:
(1) For a
surface parking lot that has the capacity
hold not more than 50 motor vehicles: $150.00
(2) For a
surface parking lot that has the capacity
hold 51 to 100 motor vehicles: $200.00
(3) For a
surface parking lot that has the capacity
hold more than 100 motor vehicles: $250.00
Plan Review Fee. Each application for a new or renewal license which
includes a new or revised site plan shall be accompanied by an additional fee
of two hundred fifty dollars ($250.00) for site plan review.
Sec. 52-96. Signage
The operator of a
surface parking lot licensed pursuant to the provisions of this chapter shall
erect and maintain those signs required by Section 52-72 of this chapter.
International parking symbol and identification and operation data signs shall
be not less than eight (8) fee above surface level, and must be clearly visible
from each customer vehicular entrance to the surface parking lot.
Sec. 52-98. Change of
operator of a surface parking lot licensed pursuant to the provisions of this
chapter shall make any charge for parking or storing a motor vehicle in excess
of the rates set forth on any signs erected and maintained on the premises as
required by Sections 52-72 and 52-96.
(b) For at
least two (2) weekdays prior to the effective date of an increase in hourly or
daily rates, and for at least five (5) weekdays prior to the effective date of
an increase in monthly parking rates, the operator of a surface parking lot
licensed pursuant to the provisions of this chapter that requires payment upon
exiting shall post the change of rates and the date on which the change of rates
is to take effect on a sign conforming to the size requirements of Section
52-96 and placed so that the information is clearly visible from each customer
entrance to the parking place or from each place of payment.
herein contained shall be deemed to prevent the operator of any parking lot
from charging a rate in case of special events different from that ordinarily
charged, if such operator has complied with the provisions of Section 52-74 of
Sec. 52-100. Landscaping
and Screening Standards.
parking lots licensed pursuant to the provisions of this chapter shall comply
with the following landscaping and screening requirements:
Parking Lots Adjacent to Public Streets - Landscaped Strip Requirements.
When a surface parking lot is located adjacent to a public right-of-way, a
landscaped strip, as described below, shall be provided on the property between
the parking lot and the right-of-way provided that a landscaped strip is not
required adjacent to any public alley. Where parking lot setbacks required by
any other City ordinances exceed those listed below, the greater requirement
shall apply. The landscaped strip may not include any paved area except
pedestrian sidewalks or trails which cross the landscaped strip. Any of the
following landscaped strip treatments may be used singly or in combination:
(1) A minimum ten (10) foot wide landscaped
strip between the right-of-way and the parking lot to be planted with a minimum
of one (1) overstory shade tree and fifteen (15) shrubs per fifty (50) linear
feet of frontage (excluding driveway openings);
(2) A berm, the top of which is at least two
and one-half (2-1/2) feet higher than the elevation of the adjacent parking lot
pavement. The slope of the berm shall not exceed twenty-five percent (25%)
(4:1) for lawn areas. Berms planted with ground covers and shrubs may be
steeper. However, no slope shall exceed fifty percent (50%) (2:1). Berms
should be graded to appear as smooth, rounded, naturalistic forms. Berms shall
have a minimum of one (1) overstory shade tree and five (5) shrubs per 50
linear feet of frontage (excluding driveway openings);
(3) A minimum six (6) foot wide landscaped
strip and a minimum three (3) foot grade drop from the right-of-way line to the
adjacent parking lot pavement. The embankment shall be planted with a minimum
of one (1) overstory shade tree and five (5) shrubs per fifty (50) linear feet
of frontage (excluding driveway openings);
(4) A minimum three (3) foot wide landscaped
strip between the right-of-way line and the parking lot, with a minimum three
(3) foot high brick, decorative iron (actual or simulated wrought iron or cast
iron construction), stone or decorative concrete wall to screen the parking
lot. The wall shall be located within the three (3) foot landscaped strip.
The strip shall have a minimum of one (1) shade tree per fifty (50) linear feet
of frontage or five (5) shrubs per fifty (50) linear feet of frontage
(excluding driveway openings).
Parking Lot Landscaping Requirements. Interior parking lot landscaping
shall be required for any parking lot constructed after the effective date of
this ordinance which is 6,000 square feet or larger. One interior parking lot
landscaping island shall be provided at each end of parking rows containing ten
(10) or more vehicle parking spaces and an additional landscaping island shall
be provided for each thirty (30) vehicle parking spaces within parking rows
containing thirty (30) or more vehicle parking spaces. The minimum amount of
required interior planting area is based on the total size of the parking lot
in accordance with the following sliding scale:
of the Total Area
Lot Which Must be
Area of Lot Interior Planting Area
sq. ft. 5%
sq. ft. 8%
sq. ft. or larger 10%
In addition, the interior
surface parking lot landscaping shall also meet the following:
(1) For purposes of computing the total area of
any parking lot, all areas within the perimeter of the parking lot shall be
counted, including planting islands, curbed areas, corner areas, parking
spaces, and all interior driveways and aisles except those with no parking
spaces located on either side. Landscaped areas situated outside of the
parking lot, such as peripheral areas and areas surrounding buildings, may
not be counted as interior planting area.
(2) At least one (1) overstory tree shall be
provided for each 300 square feet of interior landscaped area provided. These
trees shall have no branches lower than six (6) feet above finished grade level
and have at least a two and one-half (2 ) inch diameter at one foot above
(3) If a parking lot under 6,000 square feet is
built without interior landscaping and later additional spaces are added so
that the total size of the lot is greater than 6,000 square feet, then the
interior landscaping shall be provided for the entire parking lot.
(4) Planting spaces must be large enough to
allow for healthy tree growth and must be protected from car overhangs and
opening car doors.
(5) A minimum of sixty (60) square feet of
continuous pervious land area shall be provided for each tree. No tree
planting area shall be less that eight (8) feet wide in any dimension.
(6) 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.
(7) Planting islands which are parallel to
parking spaces shall be a minimum of nine (9) feet wide including curbs to
allow car doors to swing open.
(8) In cases where a planting island is
perpendicular to parking spaces and the spaces head into the planting island on
both sides, the island shall be a minimum of eight (8) feet wide to allow for
bumper overhang. If parking spaces are located on only one side of such a
planting island, the island shall be minimum of six (6) feet wide.
standards for visual screens. The elements which compose the required
landscaping and screening of subsections (a) and (b) of this section shall also
meet the following requirements:
(1) Standards for shrubs, trees and ground
cover. Shrubbery used as part of the landscaping and screening
requirements must be sufficient to meet the height requirements by the end of
the second growing season after initial planting. All shrubs and trees shall
be selected from lists of approved types, as adopted by the City Plan
Commission. At the time of installation, deciduous trees shall be a minimum of
two (2.0) inches in diameter at one foot above grade, and evergreen trees shall
be a minimum of six (6.0) feet in height.
(2) Standards for fences and walls. All
walls and fences used as part of the landscaping requirements shall be of
uniform appearance and shall be set in a concrete base. Required metal picket
and metal rail fences shall be of actual or simulated wrought iron or cast iron
construction. Masonry walls shall be of brick or stone construction.
All landscaping and screening materials shall be maintained in good condition
at all times, shall be kept free of any weeds and shall be watered as necessary
at all times. Unhealthy or dead vegetation shall be replaced with healthy
plantings no later than the end of the next applicable growing season. Fences
and walls shall be kept free from peeling paint, rust, spalling, and broken,
cracked or missing elements. Fences and walls shall also be kept plumb, with
no more than a 2 inch deflection from a vertical position.
requirement reductions and exemptions. With regard to a surface parking
lot which otherwise complies with all requirements of this Article, the
Director of the Department of City Development may grant a reduction of or an
exemption from the requirements for shrubs, trees and landscaped areas of
subsections (a) and (b) of this Section if full compliance with such
requirements would result in a loss of at least 10% of the existing parking
spaces which cannot be avoided or remediated through redesign or
reconfiguration of the parking lot. The Director of City Development shall
take such action in accordance with the following provisions:
(1) Evidence to be provided by the
applicant. An applicant seeking a reduction of or an exemption from the
requirements for landscaping and screening shall present evidence to the
Director of City Development demonstrating that the potential loss of existing
spaces cannot be avoided or remediated through redesign or reconfiguration of
the surface parking lot.
(2) Director of City Development. Upon
consideration of evidence submitted by the applicant as well as any analysis
prepared by City staff, the Director of City Development shall determine
whether strict application of the screening and landscaping requirements will
result in an unremediable loss of at least ten percent (10%) of the existing
parking spaces. In determining whether a loss of parking spaces can be avoided
through redesign or restriping, the Director of City Development shall assume
continued use of existing parking spaces and aisle dimensions for the subject
property except where such dimensions are in excess of City standards. The
Director of City Development shall further determine whether the applicant can
comply with the screening and landscaping requirements through the use of a
legal encroachment in one or more of the public rights-of-way adjoining the
(3) Minimum requirements.
Any reduction of standards approved by the Director of City Development with
respect to the required screening and landscaping shall be the minimum
reduction necessary to prevent a loss of parking spaces. The Director of City
Development may require compliance with the screening and landscaping standards
through the use of a legal encroachment in one or more of the public
rights-of-way adjoining the parking lot if the legal encroachment is approved
by ordinance by the City Council. At a minimum, the Director of City
Development shall require installation of a metal picket and metal rail fence
meeting all applicable requirements of this section and, in addition, providing
a metal, brick or stone pier or post, at least two (2) inches square, at a
minimum spacing of eight (8) feet. The Director of City Development shall also
require provision of landscaped areas where such provision will not result in a
loss of more than ten percent (10%) of the existing parking spaces.
(4) Appeals. The applicant may appeal
any decision of the Director of City Development regarding a request and/or
exemption to the landscaping and screening requirements to the board of zoning
adjustment. The board shall hold a public hearing regarding the applicants
request. Notice of this public hearing shall be provided as required by
Sections 80-330 and 80-335, Code of Ordinances. The concurring vote of four
members of the board shall be necessary in order to reverse the decision of the
Director of City Development.
uses. Where the Director deems a surface parking lot to be an interim
parking station or other temporary use, the landscaping and screening
requirements of this Section shall be met if the surface parking lot operator
installs anchored concrete steel stops supplemented by bollards and chains. No
surface parking lot shall be deemed temporary for a period in excess of one
year, provided however, that the Director may extend the temporary use for one
(1) additional one-year period if, prior to the completion of the initial
one-year period, a project agreement with the City is executed which requires
development of the property within one year or a Building Permit application
has been filed for development of the property.
The materials, design, location, installation and construction of the screening
and landscaping required by this section shall be approved by the Director of
the Department of City Development, in consultation with any appropriate City
department, and in accordance with the standards set forth in this Article and
landscaping materials approved by the City Plan Commission.
dates. The requirements of this article shall take effect immediately for
surface parking lots established after the effective date of this ordinance.
Surface parking lots legally established prior to the effective date of this
ordinance shall comply with the requirements of this article in accordance with
the following schedule:
(1) For a surface parking lot that has the
capacity to hold more than 100 vehicles, a license application and plans shall
be filed by March 1, 2006, and installation and construction of landscaping and
screening shall be completed by August 1, 2006; and
(2) For a surface parking lot that
has the capacity to hold 100 or fewer vehicles, a license application and plans
shall be filed by March 1, 2007, and installation and construction of
landscaping and screening shall be completed by August 1, 2007.
Sec. 52-102. Maintenance
of parking place and surroundings.
Each operator of
a surface parking lot licensed pursuant to the provisions of this chapter
shall keep the sidewalk surrounding the surface parking lot free from dirt,
ice, sleet, snow, debris and litter, and shall keep the sidewalk and driveways
in a safe condition for the travel of pedestrians.
Sec. 52-104. Compliance
parking lots licensed pursuant to this Chapter shall fully conform and comply
with all City ordinances and state and federal laws, including all of the
provisions of Articles I through III of this Chapter 52. Where this Article
may require more screening and landscaping than provided in Section 52-34, the
provisions of this Article IV shall control.
Sec. 52-106. Revocation
or suspension of license.
The Director may
at any time revoke or suspend licenses granted under the authority of this Chapter,
for failure to comply with the terms of this Chapter.
Sec. 52-108. Appeals.
In case of
refusal to issue a license or of revocation or suspension of a license by the
Director, the applicant or licensee may appeal from such order to the Board of
Zoning Adjustment. Notice of such appeal shall be in writing and filed with
the Board within thirty (30) days after the making of such order. The Board
shall fix a time of hearing for such appeal not later than fifteen (15) days
after the filing of such notice, at which hearing all parties interested shall
be afforded an opportunity to be heard. The Board may modify or reverse such
order from which the appeal has been perfected. The concurring vote of four
(4) members of the Board shall be required in order to modify or reverse the
order which is the subject of the appeal. The opinion of the Board shall be
final on all parties thereto.
Sec. 52-110. Penalty.
It shall be
unlawful for any owner to construct, enlarge, repair, improve, use, occupy or
maintain any surface parking lot, partial or whole, in the City, or cause such
work to be done, contrary to or in violation of any of the provisions of this
Chapter, or rules or regulations promulgated under this Chapter. Upon
conviction thereof, such person shall be punished by a fine of not more than
$500.00, imprisonment for not more than six months, or both such fine and
imprisonment. Each day a surface parking lot is operated in violation of this
Chapter or any provision thereof shall constitute a separate offense.
as to form and legality: