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Leavenworth City Zoning Code

ARTICLE 5

- ACCESS AND PARKING

Sec. 5.01.- Applicability.

The parking standards in this article shall apply in the following circumstances:

A.

Whenever a structure is erected, converted, structurally altered or moved;

B.

Whenever an existing structure or use is expanded or a use changed to increase the required parking by more than ten percent.

1.

Where the increase is between ten percent and 25 percent, parking shall be provided only for the increase caused by the proposed expansion.

2.

Where the increase is greater than 25 percent, parking shall be provided based on the entire building and site.

C.

These off-street parking and loading requirements shall not apply in the CBD (central business district) nor shall these requirements be imposed upon existing structures or uses at the time of passage of these development regulations.

(Ord. No. 7996, § 1, 6-14-2016)

Sec. 5.02. - Required parking.

A.

Parking table. All uses shall provide the parking specified below, unless reduced by other provisions of this article. Any required ADA accessible spaces shall be included in this parking requirement. Any use not specifically listed shall be interpreted as a listed use that most similarly matches the proposed use in terms of traffic impacts, site design and performance.

TABLE 5-01. PARKING RATES

Specific Use Required Parking Rate
Animal hospital 1 per 400 s.f.
Assembly hall 1 per 3 persons at maximum capacity
Auditorium, theater, stadium, arena, or convention hall 1 per 4 seats
Automobile service station 2 per service bay, plus 1 per employee
Automobile wrecking yard 1 per 2 employees, plus 1 per 10,000 s.f. storage
Banks 1 per 300 s.f., plus 1 per 2 employees
Bowling alley 5 per alley, plus 1 per 200 s.f. non-alley
Cartage, express, parcel delivery and freight terminal 1 per 2 employees, plus 1 per each vehicle on premises
Car washes 3 waiting spaces per stall
Church, temple, synagogue, or place of assembly 1 per 4 seats (1 per 30 s.f. if no fixed seating)
Country club or golf course 1 per 200 s.f., plus 1 per 2 practice tees, plus 4 per each green
Day care centers and pre-schools 2 per employee
Dwelling unit (single-family or two-family) 2 per each dwelling unit
Dwelling unit (multifamily) 1 per unit (1BR); 2 per unit (2BR); 2.5 per unit (3BR); except units exclusively for elderly may have 1 per 2 units
Elementary, junior high or high school 2 per class room, plus 1 per 4 seats of assembly areas
Funeral or mortuary home 1 per 4 seats, plus 1 per employee, plus 1 per vehicle on premises
Furniture or appliance store 1 per 400 s.f. of floor area
College, business or trade school 8 per classroom, plus 1 per 2 employees
Hospital 1 per 3 beds, plus per 2 employees, plus 1 per doctor
Manufacturing or industrial 1 per 3 employees or at least 1 per 500 s.f.
Medical offices or clinics 3 per examination room, plus 1 per employee or 1 per 200 s.f.
Mobile home park 2 per home lot, plus two per office
Machinery, equipment, automobile and boat sales and services 1 per 400 s.f., plus 1 per 3000 s.f. of sales lot, plus 1 per employee
Office 1 per 300 s.f.
Parks and open space (public or private) 3 per acre, plus 1 per six seats for any spectator or assembly area
Plant nursery, building material yard or storage yard 1 per 300 s.f. of sales display area
Private clubs or lodges 1 per occupant up to 75% capacity or 1 per 3 persons
Restaurant (drive-in or carry out) 1 per 3 seats, plus 1 per employee
Restaurant (dine in); tavern or bar 1 per 3 seats
Retail 1 per 200 s.f.
Rooming, boarding or lodging house 1 per guest room
Sanitarium, convalescent home, home for the aged 1 per 4 beds, plus 1 per employee
Skating rink, swimming pool or recreation without fixed seats 1 per 250 s.f., plus 1 per 40 s.f. of water area
Social service center 1 per 400, plus 1 per employee
Tennis or racquetball club 4, plus 2 per court
Motel, or hotel 0.75 per guest room, plus auxiliary commercial or assembly areas meet applicable standards
Warehouse, wholesaling 1 per 750 s.f.

 

• Standards based on seating or employee shall be interpreted as maximum capacity; standards with two requirements ("or") shall require the greater number.

• For uses not specifically listed above, parking spaces will be provided on the basis of one space for every 200 square feet of building floor area to which the public has access.

B.

Reduced parking. The following circumstances are eligible for a reduction in required parking:

1.

Mixed-use districts. All sites in any mixed use district may reduce the parking requirement by 15 percent to reflect reduced automobile use associated with mixed use developments. The total number of required parking may be further reduced by the director if the applicant prepares a parking evaluation that demonstrates expended parking needs will be less due to the context, design or operation of the project.

2.

Historic properties. The development review committee may approve requests for a reduction in the required parking for registered historic properties or properties within an historic district in order to preserve the historic integrity of the subject property. The request must be justified with information on the size and type of development, composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic.

3.

Multifamily development. Multifamily development may seek to reduce required off-street parking from between 1½ to three spaces per unit to one space per unit by application to the director for a minor modification.

4.

On-street parking. Any site on a block containing on-street parking may reduce the required parking by up to 50 percent for each space within 500 feet. The total number of required parking may be further reduced by the director if the applicant prepares a parking evaluation that demonstrates expended parking needs will be less due to the context, design or operation of the project.

5.

Shared parking. The director may approve applications for shared parking subject to the following requirements:

a.

All spaces shall be within 500 feet of any public entrance for all uses served by the space, measured along practical walking routes which may include legal crosswalks less than 80 feet.

b.

All uses sharing a space must be connected to the parking by safe pedestrian access including sidewalks, crosswalks or pedestrian bridge.

c.

The shared parking area shall be located on a site with the same or more intensive zoned district than required for the primary uses served.

d.

A shared parking request must be justified with information on the size and type of development, composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads of all uses sharing the spaces.

e.

The maximum reduction of parking spaces for all uses shall be 50 percent, except sharing with religious institutions or schools can allow a reduction of up to 80 percent.

f.

A shared parking plan shall be enforced through a written agreement among all owners of record. An attested copy of the agreement between the owners of record must be recorded at the register of deeds, prior to issuance of any building permits.

g.

A shared parking agreement may be revoked by the affected property owners only if all required off-street parking spaces for both parties are provisioned before the agreement is revoked.

C.

Non-contiguous off-street parking.

1.

Separation distance. Off-street parking facilities to fulfill a multiple-family, commercial, industrial or special use permit requirement may be located within 200 feet of the development (measured between property lines) if off-street parking requirements cannot be met on the site.

2.

Special use permit required. Separate off-street parking facilities must meet the following requirements and be approved as a special use:

a.

Screened or enclosed with a fence, wall, or other suitable enclosure having a height of not less than three feet, and maintained in good condition.

b.

Any lights used to illuminate the parking areas shall be so arranged as to direct the light away from any adjoining residential premises.

c.

Approval of the site plan, drawn to scale; showing proposed parking lot. The developer will submit a site plan for off-street parking together with his application for a building permit. This parking plan will be reviewed by the DRC for adequacy prior to the issuance of a building permit.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017)

Sec. 5.03. - General.

A.

Use. Required parking used only for parking operable motor vehicles using the site or use. Any other use of parking areas for outside storage, display or commercial activity shall be permitted by different provisions of these regulations.

B.

Surfaces and markings. All off-street parking areas and driveways shall be surfaced and provided with a minimum of:

1.

Residential parking. (All dwelling units) Six inches of Portland Cement concrete, or four inches of stone and four inches of asphaltic concrete. Alternative paving materials, such as pavers, may be approved for single-family residences after review by the city engineer.

a.

A gravel parking pad in the rear yard may be installed with a border to contain the gravel. Such gravel parking pad must be accessed directly off the alley and may be a maximum depth of 37 feet as measured from the rear property line.

b.

For lots over two acres in size on which the primary structure will be set back a minimum of 100 feet from the front property line, a gravel driveway may be installed past the required 25-foot front setback, provided that all other applicable building and fire codes are met.

2.

Commercial and industrial loading and parking. Eight inches of Portland Cement concrete, or six inches of stone and six inches of asphaltic concrete.

3.

Parking lot marking. Parking spaces in lots of more than six spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot.

4.

Bumper guards. Wheel or bumper guards when used shall be located so that no part of any vehicle shall extend beyond the boundary lines of the parking area, intrude on pedestrian ways, or come in contact with walls, fences, or plantings.

C.

Drainage.

1.

Off-street parking facilities shall be drained to eliminate ponding water and prevent damage to abutting property and/or public streets and alleys.

2.

No surface water from such parking area shall be permitted to drain onto adjoining private property without adequate drainage precaution being taken by the developer.

3.

All new and redeveloped parking areas shall be required to present a drainage study prepared by an engineer licensed in the State of Kansas.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017; Ord. No. 8164, § 1, 6-8-2021; Ord. No. 8197, § 1, 10-11-2022; Ord. No. 8238, § 1, 3-12-2024)

Sec. 5.04. - Parking design.

A.

Parking lots should be designed with a hierarchy of circulation. For example, major driveways should be clearly delineated by landscaped areas and should have limited or no parking along them while parking aisles should provide direct access to parking spaces. Parking lot circulation shall accommodate emergency response vehicles.

B.

Parking lots should be located behind buildings or in the interior of a block whenever possible.

C.

Parking lots containing more than 200 parking stalls shall be divided into two or more lots, separated by a 15-foot-wide landscaped area that may be counted toward the required off-street parking landscaping area.

D.

Within each parking lot, parking spaces shall be grouped into blocks of 40-50 spaces with each block separated from the others by curbed planting areas at least the size of one parking stall.

E.

Parking stalls shall measure at least 8½ feet by 18 feet, except angled stalls as low as 30 degrees may be used to reduce the lengthwise right-angle of the stall proportionately. Additionally, up to ten percent of all parking may be reduced to 7½ feet by 15 feet, if specifically marked for compact cars.

F.

Generally there shall be at least 25 feet of back-up space in drive aisles beyond the parking stalls, unless configurations of parking and drives allow for better arrangements. Configurations which incorporate two or more parallel rows of parking may use common back up space.

(Ord. No. 7996, § 1, 6-14-2016)

Sec. 5.05. - Access.

Access to sites and parking areas shall generally follow the following standards, unless streetscape design, street networks, development patterns and traffic patterns dictate otherwise:

A.

Width. Access for one-way traffic shall be between 12 feet and 20 feet at the property line. Access for two-way traffic shall be between 24 feet and 30 feet at the property line. Access widths may be wider to account for vehicle turning movements at the street edge. Any access that requires greater widths, or access to an arterial street shall be median divided.

B.

Spacing. Unless no other practical alternative is available, all driveways and access points shall be spaced as follows:

1.

Residential. Fifty feet of stand up curb from a street intersection, 12 feet of stand up curb from another access driveway, and two feet of stand up curb from an interior property line.

2.

Non-residential. Seventy-five feet of stand up curb from a street intersection, 50 feet of stand up curb from another access driveway, and ten feet of stand up curb from an interior property line.

C.

Shared access. Shared driveways, cross access easements, and other internal access systems are desired in all contexts in order to minimize curb cuts that disrupt the streetscape design and create pedestrian and traffic conflicts.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8197, § 1, 10-11-2022)

Sec. 5.06. - Off-street loading.

A.

Loading and unloading spaces shall be provided off-street for such uses involving receipt and distribution of materials or merchandise by motor vehicle or rail. All loading and unloading operations shall be so located to avoid undue interference with public use of streets, alleys, and walkways. Such space shall include loading areas as specified below for loading and unloading operations and shall have a minimum height clearance of 14 feet. The number of spaces shall be provided as follows:

1.

Gross floor area space required.

a.

Under 5,000 sq. ft.: None

b.

5,000 to 9,999 sq. ft.: one space (12'×25').

c.

10,000 to 24,999 sq. ft.: one space (12'×70').

d.

25,000 to 49,999 sq. ft.: two spaces (12'×70').

e.

50,000 to 100,000 sq. ft.: three spaces (12'×70').

f.

For each additional 50,000 sq. ft.: one space (12'×70').

2.

Amusement establishments. For bowling alleys, pool halls, dance halls, gymnasiums, indoor and outdoor theaters, swimming pools, skating rinks and other similar amusement establishments, one loading space shall be provided for each building that contains 1,000 to 100,000 square feet of gross floor area, plus one additional loading space for each additional 100,000 square feet or fraction thereof, in excess of 100,000 square feet.

B.

The developer shall submit a site plan for all off-street loading facilities meeting the following.

1.

Screening. All motor vehicle loading berths which abut or are adjacent to the residential district shall be properly screened. No permitted or required loading space or berth shall be located within 40 feet of the nearest point of intersection of any two streets or highways. No loading space or berth shall be located in a required front yard, and any loading space or berth located in a required rear yard shall be open to the sky.

2.

Access. Where the off-street loading space does not abut on a street, public or private alley, or easement of access, there shall be provided an access drive of at least 12 feet in width leading to the loading areas. Exclusive of aisle and maneuvering space, no part of any alley or street shall be used for loading excepting areas designated and approved by the city commission.

(Ord. No. 7996, § 1, 6-14-2016)

Sec. 5.07. - Drive-through stacking.

The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).

A.

General standards.

1.

Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 50 feet of any residential property line.

2.

No service shall be rendered, deliveries made, or sales conducted within the required front yard or corner side yard; customers served in vehicles shall be parked to the sides and/or rear of the principal building.

3.

All drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.

B.

Stacking and lane requirements. The number of required stacking spaces shall be as provided for in table 5-02, stacking space requirements.

TABLE 5-02. STACKING SPACE
REQUIREMENTS

Activity Minimum Stacking Spaces (per lane) Measured From:
Bank, financial institution, or automated teller machine (ATM) 3 Teller or window
Convenience food restaurant 5 Order board
Full service vehicle washing establishment 6 Outside of washing bay
Self-service or automated vehicle washing establishment 2 Outside of Washing bay
Fuel or gasoline pump island 2 Pump island
Other As determined by the city

 

C.

Stacking lanes. Stacking lanes shall be provided for any use having a drive-through establishment and shall comply with the following standards:

1.

Drive-through stacking lanes shall have a minimum width of ten feet.

2.

When stacking lanes are separated from other stacking lanes, bypass lanes, or from other site areas, the separation shall be by means of a raised concrete median, concrete curb, or landscaping.

3.

Stacking lanes shall be set back 20 feet from property line.

(Ord. No. 7996, § 1, 6-14-2016)