Overland Park City Zoning Code

For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, parking in the form of garages or areas made available exclusively for parking shall be provided. Such parking spaces shall generally be located entirely on the same property as the main use with no portion other than the necessary drives extending into any street or other public way. Parking shall be provided in quantities stated below for the various zoning districts and certain occupancies which may have unusual parking needs. The issuance of building permits or certificates of occupancy shall require compliance with the minimum parking standards even though a development plan may have been approved previously which included fewer parking spaces due to the unknown or changing status of occupancy. Except as hereinafter provided, no parking of motor vehicles shall occur except on paved parking areas required by this Chapter. In commercial zoning districts, the required parking area shall not be used for motor vehicle maintenance or repair. 

These provisions are intended to support the following goals:

• Limit the impacts of excessive and underutilized parking supply and increase opportunities for productive uses and open space.
• Foster economic vitality and mixed-use districts by supporting walkability and activity density with appropriate parking policies. 
• Implement codes that maximize the efficient use of parking and support shared parking resources citywide. 
• Develop provisions that create quality parking screening and design standards that minimize adverse impacts of the built environment. 
• Manage the growth of traffic by encouraging projects and contributions that minimize driving trips. 

(History: Ord. ZRR-3373 §37, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-1181; ZRR-889)

Effective on: 1/1/1901

All parking areas and drives leading thereto shall be ready for use upon occupancy of a building and shall be surfaced with a permanent, bituminous or concrete paving meeting the standards of the City prior to the issuance of a certificate of occupancy, unless special permission is granted by the Director due to weather conditions not being satisfactory for placing asphaltic materials. Alternate all-weather, dust-free, permeable paving materials may be approved by the Director when used as a stormwater treatment facility as required under 16.210. All parking lots and drives leading thereto, except those serving one-family dwellings, shall have curbs and drainage facilities approved by the Director. In cases where raised curbs are eliminated as an integral part of a stormwater treatment facility, flat or “ribbon” curbing constructed from Portland Cement Concrete shall be utilized and alternate means of controlling vehicle movement shall be provided and approved by the Director.

(History: Ord. ZRR-3373 §38, 2023; Ord. ZRR-2675 §12, 2008; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-935; ZRR-889 §18.50; ZRR-412 §28)

Effective on: 1/1/1901

Ingress and egress to all parking areas shall be by means of paved access drives access meeting the requirements of the City's Design and Construction Standards Manual. See 18.43.040 for internal drive aisle dimensions. 

(History: Ord. ZRR-3373 §39, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-935)

Effective on: 1/1/1901

1. A.
   Standard parking stall dimensions shall be not less than 9 feet by 18 feet, plus the necessary space for maneuvering into and out of the space. Where the end of the parking space abuts a curbed area at least 5 feet in width (with landscaping or sidewalk), an overhang may be permitted which would reduce the length of the parking space by 2 feet. Such overhang shall be measured from the face of the curb. For standard parking lots, minimum dimensions shall be as follows:

See also Figure 18.430.040.

2. B.
   Minimum dimensions for a parallel parking space shall be 9 feet by 23 feet.
3. C.
   Minimum parking dimensions for other configurations shall be determined by the Planning Commission. For Small Car Parking, see 18.430.130.
4. D.
   Required aisle widths for fire lanes are subject to the requirements of the City's adopted Fire Code. 
5. E.
   All parking design is subject to review and approval and shall meet good traffic engineering design principles. 

(History: Ord. ZRR-3373 §40, 2023; Ord. ZRR-1725; ZRR-1637)  

FIGURE 18.430.040

Effective on: 1/1/1901

1. A.
   For those buildings where such parking is required, parking areas servicing each building entrance shall have the number of level parking spaces for person(s) with disabilities set forth in the current version of the Americans with Disabilities Act Accessibility Guidelines and be identified by above-grade signs as reserved for person(s) with disabilities.
2. B.
   Such parking spaces shall conform with the requirements of the Building Code and applicable state law with regard to parking space dimensions and signage.
3. C.
   Accessible parking for the disabled shall be located to avoid the need for disabled persons to cross drive aisles. In instances where high traffic volumes along the face of a large building are expected, the Planning Commission or Governing Body may waive this requirement where the accessible parking will be located across the drive aisle or in another suitable location nearest the building entrance. 

(History: Ord. ZRR-3373 §41, 2023; Ord. ZRR-2453 §1, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Head-in parking from any public right-of-way shall only be permitted as specified in the City’s Design and Construction Standards Manual.

(History: Ord. ZRR-3373 §42, 2023; Ord. ZRR-2839 §1, 2010; ZRR-1725; ZRR-1637; ZRR-935)

Effective on: 1/1/1901

1. A.
   Parking areas in conventional zoning districts shall be set back per the following table. Except as hereinafter provided, no parking area shall be located within 6 feet of a lot line. 
2. B.
   Parking areas in planned zoning districts shall be set back the same as that in any equivalent conventional zoning district or as noted in the table below, subject to modifications as provided in 18.150.070.  

3. C.
   Parking area setbacks for special uses shall be determined at the time of plan approval for the special use permit. The parking setback of the underlying zoning district or the most analogous zoning district shall be followed. Requests for reduced setbacks may be approved by the Planning Commission and Governing Body, taking into consideration the uniqueness of the facility and whether the proposed setback is compatible with:

   1. 1.
      The underlying zoning district,
   2. 2.
      The surrounding land uses, including impact on adjacent residential neighborhoods, 
   3. 3.
      The use of the facility,
   4. 4.
      Similarity to setbacks allowed by right for other comparable uses in other zoning districts,
   5. 5.
      The relationship of the site to interstate highways, where applicable, and 
   6. 6.
      The topography of the site.  

(History: Ord. ZRR-3373 §43, 2023; Ord. ZRR-2848, §25, 2010; ZRR-2156, §5, 99; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

A parking area shall be screened in accordance with the provisions set forth in 18.450 and any applicable Design Standards.

(History: Ord. ZRR-3373 §44, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-1427; ZRR-987; ZRR-889 §18.57)

Effective on: 1/1/1901

The interior of parking areas shall be landscaped in accordance with the provisions set forth in 18.450.070 and any applicable Design Standards.

(History: Ord. ZRR-3373 §45, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-1427; ZRR-1217; ZRR-987; ZRR-889 §18.56)

Effective on: 1/1/1901

A portion of the parking area required under this title may remain unimproved until such time as the Planning Commission or Governing Body deems that it must be improved to adequately serve the parking demand.

1. A.
   Such delayed construction of parking may be permitted only after the Planning Commission or Governing Body is satisfied that the initial occupancy of the premises will be adequately served by the lesser number of spaces and only after approval of a final development plan clearly indicating the location, pattern and circulation to and from the deferred parking spaces.
2. B.
   The land area so delineated for future parking shall be brought to finished grade and landscaped, and shall not be used for building, storage, loading or other purposes.
3. C.
   If the construction of deferred parking exceeds the allowed parking range in 18.430.150, Demand Reduction Amenities or a waiver shall be required per 18.430.170 or 18.430.200.

(History: Ord. ZRR-3373 §46, 2023; Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Paved parking areas or customary driveways in the required yards abutting streets shall not exceed 35% of the area of such yards for one-family dwellings or 50% of the area of such yards for two-family dwellings, provided that any driveway may extend in a straight line directly from a garage to the street at a width equal to that of the garage, but not wider than 35 feet.

(History: Ord. ZRR-3373 §47, 2023; Ord. ZRR-2228 §1, 2000; ZRR-1925 §5, 95; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Where permitted, gravel driveways and parking areas shall be maintained to meet the following standards:

1. A.
   The surface of the driveway or parking area shall consist of a uniform layer of gravel evenly distributed from edge to edge, and shall be free of bare spots and vegetation.
2. B.
   The depth of the gravel layer shall be an average of 2 inches and a minimum of 1 inch.
3. C.
   The material used for a gravel driveway or parking area shall be rock or crushed stone not more than 1 inch in diameter and shall not contain dirt, sticks, construction debris or other foreign material. Sand, rock powder or other similar material less than one-eighth inch in diameter is not prohibited, but shall not be included in the measurement of minimum gravel depth.

(History: Ord. ZRR-1747 §2, 92) 

Effective on: 1/1/1901

In District CP-0, and for schools, churches and any special uses deemed by the Planning Commission and Governing Body to have low parking turnover and high user familiarity with the parking area, 30% of the required off-street parking spaces may be designated for small cars. Parking stall dimensions for small cars shall be not less than 8 feet by 16 feet, plus the necessary space for maneuvering into and out of the stall. Acceptable aisle width, layout of spaces, and overall design of the parking area shall be shown on the final development plan. A minimum of 30 parking spaces must be required before a portion of the spaces can be built to the smaller standard.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   In addition to meeting the off-street parking requirements of this Section, drive-thru facilities shall meet the following stacking requirements:

1.  
   1. 1.
      One stacking space shall equal 20 feet. 
   2. 2.
      All stacking shall be located in a designated drive-thru lane. Each drive-thru lane shall be clearly defined and designed to not conflict or interfere with other vehicular traffic using the site, parking spaces, or pedestrian routes. 
   3. 3.
      If provided, a bypass lane shall be clearly designated and distinct from the stacking area. 
   4. 4.
      Stacking amounts may be adjusted at the time of final development plan approval, based on stacking impacts to the public street system, internal parking lot circulation, access to adjacent properties or private drives and historical averages of the tenant.  Additional traffic studies may be required to substantiate the need for proposed stacking.  Site constraints or reuses of existing drive-thru facilities may be taken into consideration when reviewing reduced stacking.

(History: Ord. ZRR-3373 §48, 2023; Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Parking for the zoning districts and certain specific land uses shall be as indicated in the following table.

   1. 1.
      Where a specific use is listed below, parking shall be provided as indicated for that specific use, and the required parking for that zoning district does not have to be provided in addition to it.
   2. 2.
      See 18.430.170 for Shared Parking Reductions.  Permission for such shared parking must be received as part of a preliminary or final development plan approval.
2. B.
    Where on-street parking is allowed, a maximum of 50% of the required parking may be provided on-street, subject to good traffic engineering design principles, provided the on-street spaces are located adjacent to the site.  On-street parking spaces being counted towards the required parking must be identified on plans at time of submittal to the City.
3. C.
   When designated as Area A or Area B in the table below, parking for uses in the following districts and for the following specific uses is required within the range specified according to the Map of Parking Rates in 18.430.160.

   1. 1.
       Projects providing parking outside of these ranges must provide Demand Reduction Amenities according to 18.430.170.

4. D.
    Any use not included in the parking requirements in this title shall be assigned a parking requirement by the Planning Commission or Governing Body.
5. E.
   Parking requirements for special uses not identified in the above table shall be determined at the time of plan approval for the special use permit.  The parking requirement of the underlying zoning district or the most analogous zoning district may be considered.  The Planning Commission and Governing Body may approve the requested parking after considering documentation and/or study provided by the applicant, staff’s recommendation, and giving decisive weight to all relevant facts, including but not limited to the following factors:

   1. 1.
      The underlying zoning district,
   2. 2.
      The surrounding land uses, including impact on adjacent residential neighborhoods,
   3. 3.
      Characteristics of the use, including hours of operation and peak parking demand times,
   4. 4.
      Similarity to required parking for other comparable uses in other zoning districts,
   5. 5.
      Availability and accessibility of alternative parking, and
   6. 6.
      Existing or potential shared parking arrangement.

(History: Ord. ZRR-3503; ZRR-3373 §49, 2023; ZRR-2156, §6, 99; ZRR-1725; ZRR-1637; ZRR-889 §18.50)

Effective on: 1/1/1901

Parking rates for zoning are reflected across two areas: Area A and Area B shown in the map below.  Area A has lower parking demand due to greater density of land uses, a greater mix of land use types, an increased presence of mixed-use developments, and improved access to non-motorized transportation options.  Projects with direct access to the dividing street line between Area A and Area B can use either standard.

(History: Ord. ZRR-3373 §50, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.50)

Effective on: 1/1/1901

The Shared Parking Reductions & Demand Reduction Amenities shall be adopted and amended by the Director and shall be on file in the office of the Director, and such document is hereby incorporated by reference.  The Director may approve alternative or innovative practices that implement the intent of the standard and provide equivalent public benefits without significant adverse impacts on surrounding development.

1. A.
   Developments with more than one land use type may reduce on-site parking allotments according to the referenced Shared Parking Reduction table. A development seeking a shared parking arrangement may also cite the Shared Parking Reduction table in justifying the total on- and off-site parking provision.
2. B.
   Following application of the Shared Parking Reduction table, projects providing parking outside of the ranges provided in 18.430.150 must provide Demand Reduction Amenities. All proposed shared parking shall be identified by the applicant at the time of application submission.

(History: Ord. ZRR-3373 §51, 2023; Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Prior to the issuance of a site development permit or building permit for the construction or major reconstruction of any access drive or parking area on privately-owned property in the City, the owner shall execute a Covenant to Maintain Private Parking Facility agreement and record that document with the Johnson County Register of Deeds. Provided, however, this requirement shall not apply to any drive or parking area for any federal, state, county, municipality; or public school district that is a political subdivision of the State of Kansas.  

(History: Ord. ZRR-3373 §52, 2023; Ord. ZRR-3135  §1, 2016; ZRR-2839 §2, 2010)

Effective on: 1/1/1901

Loading areas adequate to serve the uses or categories of uses proposed shall be determined at the time of site plan or preliminary development plan approval.

(History: Ord. ZRR-3373 §53, 2023)

Effective on: 1/1/1901

The Planning Commission or Governing Body may grant a waiver from full or partial compliance to allow amenities commensurate with the proposed improvements if it is found that the proposed amenities meet the intent of the ordinance without creating detrimental impact on surrounding properties (see 18.430.170). Consideration of the waiver is subject to review of documentation and/or study provided by the applicant, to be reviewed with staff’s recommendation and all relevant facts, including, but not limited to the following:

1. A.
   The characteristics of the use, including hours of operation and peak parking demand times;
2. B.
   Whether the proposed use is new or a small addition to an existing use;
3. C.
   Design and maintenance of off-street parking that will be provided;
4. D.
   Impact on adjacent residential neighborhoods;
5. E.
   Existing or potential shared parking arrangements or amenities;
6. F.
   Availability and accessibility of alternative parking; and
7. G.
   Property or ownership hardship (For example shared parking or similar agreements and requirements between adjoining property owners).

(History: Ord. ZRR-3373 §54, 2023)

Effective on: 1/1/1901

All developments approved prior to February 1, 2023 with existing or proposed parking outside of the allowed parking range shall meet the required parking or provide amenities for the parking provided outside the allowed range or shall be granted a waiver per 18.430.200.

(History: Ord. ZRR-3373 §55, 2023)

Effective on: 1/1/1901