50.60 Special Parking Provisions in the CBD 1, 2, and 8 Zones

1.  General

The provisions of this section govern parking for uses in the CBD 1, 2, and 8 Zones. To the extent that these provisions conflict with the provisions of Chapter 105 KZC, the provisions of this section prevail. Where no conflict exists, the provisions of Chapter 105 KZC apply to parking for uses in the CBD 1, 2, and 8 Zones.

2.  Number of Spaces

To the extent that subsections (3) and (4) of this section require that uses in the CBD 1, 2, and 8 Zones provide parking, the following establishes the number of spaces required:

a. Residential uses must provide 1.7 parking spaces for each dwelling unit and one parking space for each assisted living unit.

b. Restaurants and taverns must provide one parking space for each 125 square feet of gross floor area, except as provided in subsection (3)(a) of this section.

c. All other uses must provide one parking space for each 350 square feet of gross floor area.

3.  Certain Floor Area Exempt from Parking Requirements

The following paragraphs establish several situations under which properties within the CBD 1, 2, and 8 Zones are exempt in whole or in part from providing parking spaces:

a. Regardless of use, the owner need not increase the number of parking spaces for any floor area that existed prior to May 12, 2002; provided, that the owner may not decrease the number of parking stalls on the subject property below the number of stalls that was required by any previous development permit, unless the owner complies with the provisions of subsection (4) of this section.

b. The parking obligation of the subject property is reduced as follows:

1) If new floor area was created or existing floor area converted to a more parking intensive use between September 20, 1976, and October 4, 1982, the number of stalls required for the subject property is reduced by the amount of the subject property’s assessment under LID #119 divided by $2,300.

2) If new floor area is created or existing floor area is converted to a more parking intensive use after October 4, 1982, the number of stalls required for the subject property is reduced by the amount of the subject property’s assessment under LID #119 divided by $6,000.

3) If the subject property was vacant as of September 18, 1978, the number of parking stalls required for the subject property is reduced by one for each 350 square feet of gross floor area created on the ground floor of the subject property.

c. Any property that paid into the special parking fund specified in subsection (4)(b) of this section shall be credited toward any parking obligations incurred in the future in the amount of one stall for each stall originally paid into the fund.

4.  Options for Meeting Parking Obligations

The applicant may meet his/her parking obligation, computed using subsection (2) of this section, by providing the required number of parking stalls in the building or on the building site containing the primary use conducted on the subject property. The applicant may propose to meet all or a portion of the parking obligation by paying a fee-in-lieu of parking for each required parking stall or fraction of a stall into a special fund that will be used to provide and upgrade municipal off-street parking within the CBD, Planned Areas 6 or 7 Zones, or park/public use zones located adjacent to the CBD. The per-stall fee shall be $20,000 in 2006 dollars and shall be adjusted annually in November of each subsequent year based on the “Engineering News Record” Construction Cost Index 20-City average (ENR CCI) for November. The actual fee-in-lieu amount shall be established at the time of payment.

The City may consider the applicant’s proposal and shall base its decision whether to grant approval on whether the City has current plans or programs in place to provide or upgrade municipal off-street parking within the CBD, Planned Area 6 or 7 Zones, or park-public use zones located adjacent to the CBD. Plans and programs shall include capital improvement program projects for future off-street parking. The City’s decision will be made by the Planning Director as part of the permit process for the applicant’s project. The Director may approve the request, reject the request, or approve a lesser number of in-lieu parking stalls than requested.

50.62 Building Height Provisions in the CBD

1.  In cases where the height of structures is specified in number of stories, the following heights per story are allowed:

a. Ground floor retail; ground floor restaurant and tavern; ground floor entertainment/cultural and/or recreational facility shall be a minimum of 13 feet in height and a maximum of 15 feet in height.

b. Office; private club or lodge; church; school, day-care center; public utility, government facility, or community facility; public park; ground floor of hotel or motel; retail above the ground floor shall be a maximum of 13 feet.

c. Residential; hotel or motel above the ground floor shall be a maximum of 10 feet.

2.  To determine the allowed height of structure, determine the number of stories allowed in the use zone charts and apply the allowed height per story specified in subsection (1) of this section. For example, if three stories are allowed and the proposed use is ground floor retail with two stories of residential above, the allowed height would be 35 feet.

      Buildings which are not constructed with the maximum allowable number of stories may increase the height of the stories actually constructed by an amount that does not result in a height greater than that which would have resulted from a building constructed with the maximum allowable number of stories. For the purpose of this height calculation, it shall be assumed that each unconstructed story would have been used for residential purposes if constructed, and therefore allows an additional 10 feet of height that can be added to the building.

      For example, if three stories are allowed, but only two stories are constructed, an additional 10 feet may be added to the building height.

3.  Height shall be measured above the point of measurement (e.g, above average building elevation, or above right-of-way) as specified in the particular use zone charts. For purposes of measuring building height above the abutting right(s)-of-way, alleys shall be excluded.

4.  In addition to the height exceptions established by KZC 115.60, the following exceptions to height regulations in CBD zones are established:

a. Decorative parapets may exceed the height limit by a maximum of four feet; provided, that the average height of the parapet around the perimeter of the structure shall not exceed two feet.

b. For structures with a peaked roof, the peak may extend eight feet above the height limit if the slope of the roof is equal or greater than four feet vertical to 12 feet horizontal.