Parking Stations Chapter 52. Code of Ordinances City of Kansas City, Missouri
Article I. In General Sec. 52-1. Title of chapter; delegation of duties by director of codes administration. Sec. 52-2. Purpose and scope of chapter. Sec. 52-3. Enforcement of chapter. Sec. 52-4. Definitions. Secs. 52-5--52-30. Reserved.
Article II. Construction and Maintenance Sec. 52-31. Periodic inspection of multilevel structures. Sec. 52-32. Maintenance of parking surface. Sec. 52-33. Permit required for construction, alteration or repair. Sec. 52-34. Barriers and screening. Sec. 52-35. Ground surface. Sec. 52-36. Control of stormwater runoff. Sec. 52-37. Parking spaces and other facilities for physically disabled persons. Sec. 52-38. Parking space dimensions. Sec. 52-39. Lighting. Secs. 52-40--52-70. Reserved.
Article III. Operation Sec. 52-71. Interim parking stations. Sec. 52-72. Signs. Sec. 52-73. Location of attendant buildings and ticket machines. Sec. 52-74. Limit on charges. Sec. 52-75. Parking tickets. Sec. 52-76. Protection against damage or theft of vehicles and contents. Sec. 52-77. Notification to police of missing or abandoned vehicles. Sec. 52-78. Use of sidewalks or streets for parking or unparking vehicles. Sec. 52-79. Unauthorized use of vehicles. Sec. 52-80. Transferring vehicles. Sec. 52-81. Attendant.
Article IV. Licensing of surface parking lots within the central business district Sec. 52-90.License required. Sec. 52-92.License application. Sec. 52-94.License issuance; renewal. Sec. 52-96.Signage required. Sec. 52-98.Change of rates. Sec. 52-100.Landscaping and screening standards. Sec. 52-102.Maintenance of parking place and surroundings. Sec. 52-104.Compliance with laws. Sec. 52-106.Revocation or suspension of license. Sec. 52-108.Appeals. Sec. 52-110.Penalty.
(a)The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location and maintenance of all parking stations within the city.
(b)The regulations of this chapter are not intended to permit any violations of the zoning ordinance or any other applicable ordinances.
(Code of Gen. Ords. 1967, § 42.1.2; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(a)Violations; penalty. It shall be unlawful for any owner to construct, enlarge, repair, improve, use, occupy or maintain any parking station or parking structure, 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 parking station is operated in violation of this chapter or any provision thereof shall constitute a separate offense.
(b)Appeals. Any decision of the director of codes administration in the enforcement of this chapter shall be subject to appeal to the Building and Fire Codes Board of Appeals in the manner provided in section 18-11.
(c)Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director of codes administration has reasonable cause to believe that there exists any condition which makes the parking station unsafe, dangerous or hazardous or there exists a violation of this chapter, the director of codes administration may enter upon the premises at all reasonable times to inspect or to perform any duty imposed upon the director, provided that the director shall first request entry to inspect any area not properly open to the director.
The 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:
Central 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 east.
Commercial 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.
Director means the director of the department of codes administration unless the context clearly indicates otherwise.
Interim 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.
Motor 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.
Parking 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 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.
Residential parking space means an off-street space provided for the parking of motor vehicles in conjunction with a one- or two-family dwelling or a townhouse.
Surface parking lot means a place, parcel of ground, or yard used in whole or in part for the parking of motor vehicles on the surface of the ground or yard and for which an hourly, daily, weekly or monthly, or some multiple thereof, fee is charged for the ability to park a motor vehicle in the parking lot.This term does not include parking structures or enclosures.
(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 director of codes administration 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 director of codes administration shall issue a letter of acceptance.Such letters of acceptance shall expire 5 years from the date they are issued.Letters of acceptance may be revoked before expiration by the director of codes administration 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 director of codes administration 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 director of codes administration 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 16years without a letter of acceptance as referred to in section (b) above.
(a) Ordinary maintenance of an existing parking surface shall not require a permit. Ordinary maintenance shall include the resurfacing of an existing parking surface, which was in compliance with this chapter.
(b) 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 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. Dead or damaged shrubbery shall be replaced immediately.
It shall be unlawful to construct, enlarge, alter or repair any parking station or access drive thereto for which provision is made or the installation of which is regulated by this chapter without first obtaining the required building permit, except repairs, as defined in section 52-32, which do not violate this chapter.
(Code of Gen. Ords. 1967, § 42.2.3; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(1)All parking stations established after January 2, 1971, shall provide a physical barrier, such as an ornamental iron fence, masonry wall, planter or shrubbery, installed in such a manner as to prevent any encroachment of a motor vehicle on a public right-of-way.
(2)Exceptions to subsection (a)(1) of this section are as follows:
a.Those located entirely within a building or structure.
b.Those separated at least 20 feet from street property lines by a maintained grass and landscaped area.
c.Parking stations located in industrial zones.
d.Residential parking spaces provided for one- and two-family dwellings and townhouses.
(1)All parking stations established after September 10, 1951, which are located in zoning districts R-1 through R-6 inclusive, or those located across a street or alley from property zoned R-1 through R-6 inclusive, shall be permanently screened from adjoining property by a solid wall, fence or screen planting sufficiently thick to serve the purpose of a solid screen. The screen shall be not less than four feet in height. Such screening shall be maintained in good condition.
(2)Exceptions to subsection (b)(1) of this section are as follows:
a.Residential parking spaces provided for one- and two-family dwellings and townhouses.
b.Parking stations located in zoning district C-4.
(Code of Gen. Ords. 1967, § 42.2.4; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(a)All parking stations and residential parking spaces, inclusive of all access drives and all turning or maneuvering areas, established either after September 10, 1951 or after annexation by the city, shall be surfaced with an all-weather, dustless material such as asphaltic or Portland cement concrete.
(b)Exceptions to subsection (a) of this section are as follows:
(1)Interim parking stations may be surfaced with a bituminous seal coat over crushed rock in lieu of asphaltic or Portland cement concrete.
(2)Interior limited-access drives within lots located in industrial zones.
(3)Access drives and parking lots for athletic fields.
(4)Access drives in excess of 100 feet to single-family residences located in agriculturally zoned areas provided the residence is located on a tract of land of at least three acres or more.
(5)Interior limited-access drives located within farms.
(6)Parking stations or driveways abutting at least one unimproved road or street so long as such road or street remains unimproved. Upon the improvement to such road or street, abutting driveways shall remain gravel for no longer than 18 months thereafter. For purposes of this section, the terms "unimproved road or street" shall mean a road or street without pavement, gutters, and curbs and "improvement" shall mean the existence of pavement, gutters, and curbs. This exception applies only to existing parking stations and driveways.
(7)Existing parking stations or driveways operated by churches until November 1, 1998.
(c)Lawfully existing gravel driveways or parking stations shall not be extended or expanded.
(a)Stormwater runoff from all parking stations shall be collected on the premises and discharged into a public storm sewer system or a combined sewer system. Where such systems are inadequate or not available, the applicant shall extend the public storm sewer system or provide stormwater detention, or both, as required by the public works department in accordance with the criteria of the director of public works.
(b)Residential parking spaces provided for one- and two-family dwellings and townhouses are exempt from subsection (a) of this section.
(Code of Gen. Ords. 1967, § 42.2.6; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(1)All parking stations shall provide accessible parking spaces in accordance with table A-31-A. In addition, one in every eight accessible parking spaces, but in no case less than one, shall comply with the van parking space requirement in subsection (b) of this section. When such facilities provide only outpatient services, only ten percent of the parking spaces provided need to be accessible.
(2)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)Design and construction of parking spaces.
(1)Generally. When accessible parking spaces are required by this section, they shall be designed and constructed in accordance with this section.
(2)Size. Parking spaces shall not be less than 96 inches in width and shall have an adjacent access aisle not less than 60 inches in width. Where two adjacent spaces are provided, the access aisle may be shared between the two spaces. Boundaries of access aisles shall be marked so that aisles will not be used as parking spaces. Van accessible parking spaces shall have an adjacent access aisle not less than 96 inches in width.
(3)Vertical clearance. Where accessible parking spaces are required for vans, the vertical clearance shall not be less than 98 inches at the parking space and along at least one vehicle access route to such spaces from site entrances and exits.
(4)Slope. Accessible parking spaces and access aisles shall be located on a surface with a slope not to exceed one vertical in 48 horizontal.
(5)Surface. Parking spaces and access aisles shall be firm, stable, smooth and slip-resistant.
(c)Signs. Every parking space required by this section shall be identified by a sign, centered between three and five feet above the parking surface, at the head of the parking space. The sign shall include the international symbol of access and the phrase ``RESERVED'' or equivalent language. Van accessible spaces shall have an additional sign stating ``Van Accessible'' below the symbol of accessibility.
(d)Curbs. 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.
(e)Passenger dropoff and loading zones.
(1)Location. Where provided, passenger dropoff and loading zones shall be located on an accessible route of travel.
(2)Design and construction.
a.Generally. Passenger dropoff and loading zones shall be designed and constructed in accordance with this section.
b.Passenger dropoff zones.
1.Size. Dropoff zones shall not be less than 12 feet in width by 25 feet in length with the long dimension abutting and parallel to an accessible route of travel.
2.Slope. Such zones shall be located on a surface with a slope not exceeding one vertical in 48 horizontal.
c.Passenger loading zones.
1.Size. Passenger loading zones shall provide an access aisle not less than five feet in width by 20 feet in length with the long dimension abutting and parallel to the vehicle space on one side and an accessible route of travel on the other.
2.Slope. Such zones shall be located on a surface with a slope not exceeding one vertical in 48 horizontal.
TABLE A-31-A. NUMBER OF ACCESSIBLE PARKING SPACES
Spaces in Lot
Minimum Required Number of Accessible Spaces
2% of total spaces
20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000
(Code of Gen. Ords. 1967, § 42.2.7; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(a)Parking stations which are normally used by the general public during the hours of darkness after shall be provided with lighting that provides at least an average of one footcandle over the entire parking station, measured on the ground surface, and arranged to minimize glare to motorists on public streets and to residents of adjoining property.
(b)Residential parking spaces provided for one- and two-family dwellings and townhouses are exempt from subsection (a) of this section.
(Code of Gen. Ords. 1967, § 42.2.9; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
An interim parking station may be operated for up to one year with the written approval of the director of codes administration. Extensions of 90 days may be granted if it can be demonstrated that a hardship exists or that circumstances beyond control of the operator necessitate continued use of the lot. In no case shall approval exceed two years.
(Code of Gen. Ords. 1967, § 42.3.1; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(a)Generally. Commercial parking stations shall be provided with signs as set forth in this section. Signs meeting all requirements of all ordinances and regulations in place as of the effective date of the ordinance from which this chapter is derived shall be permitted to remain in use.
(b)International parking symbol sign. Each commercial parking station shall be identified by an elevated international parking symbol clearly visible to the users of the parking station. The sign shall be 24 inches in diameter, and the style and color of the international parking symbol, a white block ``P'' on a light blue field, shall be used.
(c)Identification and operation data sign. Each commercial parking station available to the public shall maintain a permanent sign centrally located and clearly visible giving:
(1)The name and address of the operator.
(2)The hours of the day or night which the parking station is open for business.
(3)The schedule of charges of daily and hourly parking, where applicable. Where more than one rate is charged, the figures of each rate shall be of the same size and dimensions. Where separate rates are charged for day parking and night parking, the time for change in rates shall be clearly posted on such signs. Lettering shall be three to six inches in height.
(4)A statement that an attendant is not in charge of the premises, when applicable.
(5)A statement that the parking station is not available to the general public, when applicable.
(Code of Gen. Ords. 1967, § 42.3.2; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
Attendant buildings and ticket machines, when provided, shall be located inside the parking station at a point far enough away from the entrance to minimize congestion on public property, except where compliance would require the alteration or relocation of an existing permanent structure.
(Code of Gen. Ords. 1967, § 42.3.3; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
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 section 52072. he 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.
(a)When a car is left for parking at a commercial parking station, the owner or person in control of such car shall be furnished with a ticket on which shall be printed the full name and address of the operator of the parking station, and which shall be numbered to correspond to a ticket on such car.
(b)Exemptions are as follows:
(1)Where cars are stored on a weekly or monthly fee basis and a written memorandum is given the person storing the car stating the weekly or monthly fee arrangement and showing the name and address of the operator.
(2)When the owner or person in control of the car parks and locks his own vehicle, in which case it shall be necessary that he is furnished only a ticket or receipt on which shall be printed the full name and address of the operator of such parking station.
(3)When the owner or person in control of a car parks and locks his own vehicle and the fee is paid by means of a collection box designating the parking space used.
(Code of Gen. Ords. 1967, § 42.3.5; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
Whenever an operator of a parking station is unable to produce a vehicle when called for, or when a motor vehicle is abandoned, it shall be the duty of the licensee to notify the police department of such fact immediately.
(Code of Gen. Ords. 1967, § 42.3.7; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
Sec. 52-78.Use of sidewalks or streets for parking or unparking vehicles.
No parking station shall use the public sidewalk, parkway, street or thoroughfare for parking or unparking operations.
(Code of Gen. Ords. 1967, § 42.3.9; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
(a)No parking station operator shall transfer any motor vehicle or cause or permit any vehicle to be transferred from a parking station to another parking station or elsewhere without the express consent of the owner or person in charge of the vehicle.
(b)Exceptions are as follows:
(1)Vehicles removed from a parking station by members of the public works department of the city, or by members of the police department of the city, pursuant to the provisions of chapter 70, article VI.
(2)Stolen vehicles removed by members of the police department.
(Code of Gen. Ords. 1967, § 42.3.10; Ord. No. 61385, 8-10-89; Ord. No. 910160, 2-28-91; Ord. No. 921030, 10-1-92)
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.
Every applicant for a license to operate a surface parking lot shall complete a written application to the director, which application shall set forth the following information:
(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 an attendant.
(4)Such other reasonable and necessary information as the director deems pertinent to carry into effect the provisions of this article.
(a)Application.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.
(b)Issuance 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.
(c)License 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.
(d)Applicability 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.
(e)License 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
to hold not more than 50 motor vehicles:$174.00
(2)For a surface parking lot that has the capacity
to hold 51 to 100 motor vehicles:$232.00
(3)For a surface parking lot that has the capacity
to hold more than 100 motor vehicles$290.00
(f)Site 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 $290.00 for site plan review.
(g)Adjustment of fees.The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk. Notwithstanding anything herein to the contrary, the council may modify or waive the imposition of the fees established herein if the council determines that it is in the public interest to do so.
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) feet above surface level, and must be clearly visible from each customer vehicular entrance to the surface parking lot.
(a)No 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 provision 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 for each customer entrance to the parking place or from each place of payment.
(c)Nothing 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 this chapter.
All surface parking lots licensed pursuant to the provisions of this chapter shall comply with the following landscaping and screening requirements:
(a)Surface 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).
(b)Interior 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:
Total Area of Lot
Percent of the Total Area
of Lot which must be Interior Planting Area
6,000 – 49,999 sq. ft.
50,000 – 149, 999 sq. ft.
150,000 sq. ft. or larger
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 ½) inch diameter at one foot above grade.
(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 overhand.If parking spaces are located on only one side of such a planting island, the island shall be minimum of six (6) feet wide.
(c)Supplemental 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 tress 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.
(d)Maintenance.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.
(e)Landscaping 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 parking lot.
(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 applicant’s 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.
(f)Temporary 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.
(g)Approval.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.
(h)Compliance 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 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.
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.
All surface 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.
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.
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.