APPENDIX C – ZONING REGULATIONS (including amendments through Ord. 2200)APPENDIX C – ZONING REGULATIONS (including amendments through Ord. 2200)\Article 07 Off-street Parking & Loading

The minimum off-street parking and loading space provisions of this article shall be required as follows.

A.    All lots and structures occupied or designed for occupancy.

B.    Approval or establishment of new land uses.

C.    Modifications to existing land uses including:

1.    Changing to a higher intensity land use type or zoning district.

2.    Increasing the density of development or number of units on a site.

3.    Enlarging the size or area of a land use.

D.    Approval or construction of new structures.

E.    Changes or alterations to existing structures including:

1.    Interior reconfigurations that:

a.     Add rooms or units without increasing the existing gross floor area.

b.    Expand the size of existing rooms or units without adding gross floor area.

c.     Increase occupancy or seating capacity of existing rooms or units.

2.    Adding gross floor area by:

a.     Expanding existing rooms or units.

b.    Constructing new rooms or units.

c.     Constructing new stories (floors) or other vertical additions.

F.    Off-street loading areas shall be required for all primary, secondary, and accessory uses according to these regulations, except for agricultural uses, residential uses, or as otherwise exempted.

A.    Off-street parking is considered an accessory use and shall be located on the same zoning lot as the use for which it is required, except as otherwise provided in this article.

B.    Off-street parking facilities shall be used only by the owners, residents, guests, occupants, patrons, service providers, vendors, and employees of the uses for which they are required.

C.    Except as otherwise allowed by these regulations, required off-street parking facilities shall not be used for:

1.    Motor vehicle repairs or maintenance work.

2.    Storage of non-operational motor vehicles.

3.    Display of vehicles or trailers for sale, except:

a.     Incidental parking on a zoning lot where the vehicle owner is visiting or conducting business.

b.    Temporary display when parked on the zoning lot where the vehicle owner resides.

4.    Commercial vehicles below 26,000 pounds gross vehicle weight rating, except:

a.     Temporary parking on the zoning lot where an employee of the business to which the vehicle is registered resides.

b.    Temporary parking on a zoning lot where an employee of the business to which the vehicle is registered is performing related job duties.

5.    Trucks with gross vehicle weight rating of 26,000 pounds or greater on property zoned R-1, R-2, R-3, or R-4 with residential primary uses.

D.    Applicants shall be required to submit a parking study that demonstrates proposed off-street parking provide sufficient capacity for the proposed use. Such parking studies shall be conducted at the applicant’s expense by a qualified traffic engineer or transportation planner selected by the applicant. All required parking studies shall be subject to review and approval by the Zoning Administrator or designated official.

E.    Off-street parking shall be required for secondary/accessory uses in addition to that required for the primary use, as applicable.

F.    Minimum off-street parking requirements for a zoning lot shall be calculated utilizing the most current Institute of Transportation Engineers Parking Generation Manual and shall address conditions specific to the use and site.

G.    Shared Parking

1.    One or more adjacent zoning lots may share off-street parking facilities to meet parking requirements, subject to the following provisions:

a.     Shall be allowed by conditional use on lots zoned M-1, C-1, C-2, or C-3 with non-residential primary uses; and lots zoned I-1 with office, commercial service, retail, or public/institutional primary uses.

b.    Shall be allowed in approved PDO zoning districts.

c.     Upon request of the Zoning Administrator or designated official, a parking study may be required to demonstrate sufficient off-street parking is made available.

2.    The minimum number of shared parking stalls shall be determined by a parking study unless otherwise determined by the Zoning Administrator. Parking studies shall be conducted at the applicant’s expense by a qualified traffic engineer or transportation planner selected by the applicant.

3.    All shared parking stalls shall be located within three-hundred (300) feet of each use for which it is provided, as measured between the nearest points of the stall and the farthest building entrance used for public access.

4.    Shared off-street parking facilities must meet all applicable provisions of this article, including configuration and design requirements. In addition:

a.     Seamless vehicular access shall be provided across lot lines with no physical barriers delineating ownership boundaries.

b.    Shared parking facilities approved by conditional use or PDO shall not be exempted from or adjusted below the minimum requirements for applicable uses and zoning districts.

5.    A shared parking agreement shall be executed and filed with the Butler County Register of Deeds for all affected parcels. This shall apply to all shared off-street parking facilities approved in accordance with these regulations.

a.     Such agreements shall:

i.     Be signed by the owner(s) of all affected parcels.

ii.    Run with the land and be legally binding without regard to future ownership.

iii.   Guarantee access in perpetuity to all parcels served by the shared parking facilities, including all uses and structures located upon the parcels.

iv.   Provide for the dissolution of the shared parking agreement upon termination of either the served uses or the minimum off-street parking requirements.

v.    Guarantee that the shared parking facilities will be maintained in accordance with these regulations and other City codes.

vi.   Stipulate how costs shall be distributed between property owners for the upkeep, cleaning, maintenance, repair, and replacement of shared parking facilities.

b.    Within forty-five (45) days of approval, the Zoning Administrator shall be provided a copy of the agreement.

H.    Off-Premise Parking

1.    In cases where the minimum off-street parking requirements cannot be met on-premise, required parking may be provided off-premise on a separate zoning lot owned by the applicant, subject to the following provisions:

a.     Shall be allowed by conditional use for property zoned M-1, C-1, C-2, or C-3 with non-residential primary uses; and property zoned I-1with office, commercial service, retail, or public/institutional primary uses.

b.    Shall be allowed in approved PDO zoning districts.

2.    All off-premise parking stalls shall be located within three-hundred (300) feet of each use for which it is provided, as measured between the nearest points of the stall and the farthest building entrance used for public access.

3.    Off-premise parking facilities must be configured and designed according to the provisions of this article. In addition, off-premise parking facilities approved by conditional use or PDO shall not be exempted from or adjusted below the minimum requirements for applicable uses and zoning districts.

4.    A deed restriction or separate legal instrument shall be executed and filed with the Butler County Register of Deeds for the affected parcels. This shall apply to all off-premise parking facilities approved in accordance with these regulations.

a.     Such agreements shall:

i.     Be signed by the owner(s) of all affected parcels.

ii.    Run with the land and be legally binding without regard to future ownership.

iii.   Restrict the use of the property bounded by the facilities to off-premise parking for the zoning lot where the served use is located; and guarantee such access in perpetuity.

iv.   Provide for the dissolution of the deed restriction upon termination of either the served use(s) or the minimum off-street parking requirements.

b.    Within forty-five (45) days of approval, the Zoning Administrator shall be provided a copy of the deed restriction.

I.     Additional Parking Requirements

1.    Additional parking requirements are set forth in Section 14-220 of the City Code.

A.    Off-street parking for persons with disabilities shall be provided in accordance with the Americans with Disabilities Act (ADA) of 1990 and guidance published by the U.S. Department of Justice in the 2004 ADA Accessibility Guidelines (36 CFR part 1191) and the 2010 ADA Standards for Accessible Design (28 CFR part 36). The requirements of this article shall:

1.    Be superseded by any federal laws, Kansas statutes, or related regulations enacted after the effective date of these regulations, which are more restrictive than these provisions.

2.    Apply to all land uses defined in Article 05, except for single-family dwellings.

3.    Apply to all properties that are subject or become subject to ADA requirements. Property owners shall be solely responsible for ADA compliance, subject to inspection by a designated City official as applicable.

B.    Minimum off-street parking requirements for persons with disabilities shall meet the most current version of the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

A.    All off-street parking and loading facilities shall meet applicable design and engineering standards for curb cuts, curb length, curb return/turning radii, parking stall depth, driveway/drive aisle width, island dimensions, and parking barriers/bumper blocks.

B.    Locational Provisions

1.    Parking Stalls & Facilities

a.     All parking stalls must be provided in designated locations that are readily distinguished as areas intended for parking.

b.    Such designated parking areas may be enclosed in a garage, located under a canopy or carport, or on an unenclosed parking lot or other open surface, subject to applicable setback provisions of these regulations.

2.    Loading Areas & Facilities

a.     Required off-street loading shall be provided on the same zoning lot as the use for which it is required and located in a clearly marked area designated and utilized for loading/unloading.

i.     This shall not be construed to prohibit routine mail and small parcel deliveries or the temporary parking of such delivery vehicles in undesignated areas.

ii.    Properties zoned C-1 are exempted, except when required by the Planning Commission or City Council for conditional use or PDO zoning approval.

b.    Loading areas shall not be located along any side of a structure that faces street frontage, except along alleys; on corner lots having insufficient space elsewhere; and for uses established and structures built prior to the enactment of these regulations.

c.     Loading areas shall not be allowed along the front façade of a structure, described herein as meeting one or more of these conditions:

i.     Facing the street to which the lot or structure is addressed.

ii.    Facing the street with the higher functional classification or traffic volume.

iii.   Containing the primary building entrance.

C.    Access & Circulation Standards

1.    Parking Stalls & Facilities

a.     All off-street parking stalls shall have direct access to a driveway or parking lot drive aisle. No parking stall shall have direct access to a public street or right-of-way, except as otherwise provided in these regulations.

b.    Site circulation shall provide access to all parking stalls without entering a public right-of-way.

c.     Driveways and entrances shall meet all applicable spacing/quantity requirements; driveways shall be provided in the minimum amount necessary for adequate access and circulation.

2.    Loading Areas & Facilities

a.     Driveways shall be located and designed to avoid conflicts with motor vehicle, pedestrian, and bicycle traffic using transportation facilities within public rights-of-way.

b.    To the extent practical, loading facilities shall include an apron area to allow safe and efficient vehicle maneuvers.

c.     Dedicated access shall be provided to loading areas for all retail, industrial, and public/institutional land uses that are zoned C-3 or I-1; or zoned C-2 with sufficient street frontage to meet applicable driveway spacing/quantity requirements.

d.    For undefined circumstances not that do not allow for dedicated loading access, one driveway shall be clearly marked as the designated delivery/service entrance. Sites shall be designed to minimize the mixing of delivery/service traffic and routine traffic with a combination of the following techniques.

i.     Install signs and pavement markings that identify the designated delivery/service route, which is the most direct path from the designated entrance to loading facilities.

ii.    Provide one driveway with direct, straight-line access to loading facilities, which is designated as the delivery/service entrance.

iii.   Provide one driveway near a side lot line that offers perimeter access to loading facilities, which is designated as the delivery/service entrance.

iv.   Separate driveways by the maximum spacing achievable along available street frontage.

v.    Avoid open access between off-street parking and the designated delivery/service route. Instead, connect a few drive aisles that are separated with landscaped islands.

vi.   Avoid designating a delivery/service route that travels through an off-street parking facility.

D.    Paving & Surfacing Provisions

1.    All off-street parking and loading facilities, including driveways and drive aisles, shall be graded for appropriate drainage and surfaced with asphalt, concrete, or comparable hard pavement.

a.     Design, construction, materials, etc. must meet minimum applicable City of Augusta engineering standards and specifications.

b.    Hard surfaces must be installed on a compacted subgrade.

c.     Driveway approaches, curbs, gutters, and loading bay surfaces shall be constructed of concrete.

d.    As approved by the Zoning Administrator or designated official, pervious/permeable pavement, porous blocks/pavers, or similar paving systems may be used in lieu of asphalt or concrete surfacing.

e.     Design and construction shall include all storm drainage infrastructure and similar appurtenances as required by the Zoning Administrator or designated official.

2.    Exemptions to the hard surface paving requirement shall be allowed as follows:

a.     Off-street parking areas and driveways for agricultural and residential uses zoned A-1 or R-R.

b.    Off-street parking areas and loading facility access drives for industrial uses zoned I-1.

c.     Legal nonconforming off-street parking areas that existed legally prior to enactment of these regulations, which are being repaired, modified, or expanded.

d.    Required off-street parking and loading facilities exempted from the hard surfacing requirement shall be constructed and maintained with a dust-free gravel, aggregate, or other rock surface.

i.     Design, construction, materials, etc. must meet minimum applicable City of Augusta engineering standards and specifications.

ii.    In no case shall required parking or loading facilities be allowed on grass or dirt surfaces, except as may be approved in conjunction with a temporary use.

e.     The following shall be constructed of concrete, except as specifically exempted:

i.     Driveway approaches to paved streets.

ii.    ADA-required accessible parking stalls, access aisles, and other such facilities.

iii.   Loading apron and bay surfaces.

E.    Lighting Provisions

1.    Adequate lighting shall be provided for all off-street parking facilities required for all uses except agricultural and single-family residential.

2.    Lighting shall be designed to minimize “light trespass” onto adjacent properties and roadways by incorporating best practices such as:

a.     Using light standards no taller than adjacent buildings.

b.    Placing fixtures in locations where good lighting is most needed, such as pedestrian walkways and doorways.

c.     Locating fixtures no closer to the property line than four (4) times the fixture height.

d.    Installing “fully shielded” or “full cutoff” light fixtures that direct light downward.

e.     Utilizing shut off controls such as sensors, timers, or motion detectors turn lights off when not needed.

F.    Landscape & Screening Provisions: As applicable, off-street parking and loading areas shall be screened and landscaped per Article 09.

G.    Maintenance Provisions: Required off-street parking and loading facilities shall be maintained in safe, operable, and fully functional condition that poses no threat to the public health, safety or welfare. This shall include:

1.    Paved Parking Areas: Shall be maintained free of potholes, significant cracks, sediment accumulation, trash, and debris. Stall markings shall remain clearly visible. Bumper blocks shall be securely anchored at all times. ADA compliance shall be maintained for accessible stalls, access aisles, and pedestrian access routes.

2.    Unpaved Parking Areas: Shall be maintained free potholes, ruts, weeds, trash, and debris. Surfaces shall be maintain with a predominantly smooth driving surface and sufficient depth of allowable dust- free materials to fully cover the underlying base or soil. Bumper blocks shall be securely anchored at all times.

A.    Standard Parking Stalls: Eight feet six inches wide by nineteen feet long (8’ 6” X 19’). All stalls on paved parking areas must be delineated with four-inch wide (4”) solid white or yellow painted stripes, unless otherwise exempted.

B.    ADA Accessible Parking Stalls: Eight feet six inches wide by nineteen feet long (8’6” X 19’).

1.    Access Aisles: Must be provided in addition to the minimum stall width.

a.     Car-accessible Stalls: Sixty inches wide (60”).

b.    Van-accessible Stalls: Ninety-six inches wide (96”).

c.     Access aisles may be shared by two adjacent stalls.

2.    Vertical Clearance: Ninety-eight inches (98”) for van accessible parking stalls and access aisles.

3.    Pedestrian Access Width: Thirty-six inches (36”) for paved routes from parking to buildings.

4.    Required Markings: Stalls must be delineated with four-inch wide (4”) solid white or yellow painted stripes. A painted universal handicap symbol must be centered in each stall; Universal handicap sign (MUTCD Sign # R7-8) installed three feet (3’) off the front stripe or bumper block, centered between side stripes.

C.    Bumper Block Requirements: Six feet long by four inches wide by four inches tall (6’ X 4” X 4”) installed two feet six inches (2’6”) from the property line, building face or sidewalk. The bumper block shall be centered between side stripes. Required for:

a.    Standard parking stalls located adjacent to public property and rights-of-way.

b.    All ADA accessible parking stalls, except where a curb is present in front.

c.    All standard stalls located on unpaved surfaces. Shall be colored yellow and securely anchored.

D.    Driveway Approaches & Drive Aisles: Approach widths do not include return radii.

1.    Minimum Width: Thirteen feet (13’) for one-way; twenty-six feet (26’) for two-way.

2.    Maximum Approach Width: Thirty feet (30’).

3.    Markings: One-way signs shall be installed at all one-way entrances/exits; painted arrows shall be provided on one-way drive aisles to indicate the direction of traffic flow.

E.    Loading/Unloading Facilities

1.    Loading Bays: Twelve feet wide by one-hundred feet long (12’ X 100’); minimum vertical clearance of fourteen feet (14’).

2.    Paved Aprons: Shall be provided for multiple-dock loading facilities zoned C-3 or I-1; and any facility zoned C-2 that lacks a dedicated entrance and driveway.

a.     Apron Length: One-hundred and twenty feet (120’) in addition to loading bays.

b.    Apron Width: Equal to the combined width of all loading bays.