A.

Off-street parking required.

1.

Minimum off-street parking in any district other than CBD or EBURD shall be provided pursuant to this section at the time of erection of any building or structure or at the time of any change in occupancy of any building or structure.

2.

No minimum off-street parking is required in the CBD or EBURD zone districts except as specifically provided in this section. Where off-street parking is provided, it shall meet the standards of this section.

3.

Required off-street parking areas must be used for parking only. Automobile sales, storage, and other uses are prohibited unless specifically permitted by another section of this zoning code.

B.

Expansion, enlargement, and nonconformities.

1.

Whenever any building is enlarged in height or in ground coverage, off-street parking shall be provided for the expansion or enlargement in accordance with the requirements of article 27-1100, Proportionate compliance.

2.

Changes to the size or location of existing off-street parking areas in NX, NO, NMU, and CMU districts shall be done in a manner that brings the parking area into greater compliance with the zone district site standards. See article 27-1500, Nonconformities.

3.

Nothing in this section shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings even though those uses or buildings are nonconforming, provided that the new parking can be provided in compliance with this section and the requirements of the zone district.

C.

Zone district groupings. When reference is made to a group of zone districts, the following individual districts shall be included:

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

A.

Required parking.

1.

Required off-street parking spaces shall be provided in conformance with Table 27-1300.1, Off-Street Parking Standards, unless modified by article 27-1100, Proportionate compliance.

2.

In the case of mixed uses, the total requirements for the various uses shall be computed separately unless the joint use provisions of section 27-1304 apply.

B.

Calculation of required parking.

1.

When determination of the number of parking or loading spaces results in a requirement of a fractional space, any fraction shall be rounded up and counted as one parking space.

2.

When there are multiple structures on a lot or multiple uses in a structure, parking shall be calculated separately for each different use area in a building or on a site, including all accessory uses.

3.

Parking spaces required on a per-employee basis shall be based on the maximum number of employees on duty and/or residing on the premises at any one time.

4.

Parking spaces required based on the number of beds in a facility shall be calculated based on the number of beds accommodated in the design capacity of the facility.

5.

When the standards use seating as a unit of measurement, all calculations shall be based on the number of fixed seats. If fixed seats are not provided, then parking shall be determined at a rate of one space per four (4) occupants unless otherwise specified in Table 27-1300.1, Off-Street Parking Standards.

6.

When the standards use the number of occupants as a unit of measurement, all calculations shall be based on the maximum occupant load, as determined by the adopted building code.

Table 27-1300.1. Off-Street Parking Standards.

C.

Parking for industrial and warehouse uses. Uses that reference this subsection in Table 27-1300.1, shall provide the minimum number of parking spaces identified in Table 27-1300.2. The total number of required spaces is cumulative based on the variety of different functions present in a single structure or lot.

Table 27-1300.2. Parking for Industrial, Wholesale, and Storage Uses.

D.

Uses with variable parking demand. Uses that reference this subsection in Table 27-1300.1 have widely varying parking demand characteristics, making it difficult to establish a single parking standard. Upon receiving a development application for a use subject to this subsection, the planning and community services director, with input from the engineering division, shall apply the parking standard specified for the listed use that is deemed most similar to the proposed use or establish minimum parking standards on the basis of a parking study prepared by the applicant. Such a study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) Parking Generation, or other acceptable estimates as approved by the zoning administrator, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.

E.

ADA accessible parking. All parking lots shall provide the minimum number of accessible parking spaces required by the federal Americans with Disabilities Act (ADA). All accessible parking spaces shall meet the design and location requirements of the Americans with Disabilities Act (ADA). Accessible parking spaces shall be counted toward the minimum number of spaces required in Tables 27-1300.1. and 27-1300.2.

F.

Maximum number of parking spaces.

1.

Calculation. The maximum permitted number of parking spaces shall be determined as follows:

Table 27-1300.3. Maximum Parking.

2.

Maximum surface parking calculation exceptions. For the purpose of calculating parking requirements, the following types of parking spaces shall not count against the maximum surface parking requirement:

(a)

Accessible parking;

(b)

Vanpool and carpool parking;

(c)

Spaces with electrical vehicle charging stations, up to a maximum of two (2) per fifty (50) parking spaces;

(d)

Parking spaces which are used seasonally (March 1 through November 1) to provide bicycle parking;

(e)

On-street parking adjacent to the lot or lots on which the parking is located; and

(f)

Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves.

3.

Site specific standards.

(a)

There is no limitation on the number of parking spaces provided when the spaces exceeding the minimum are located in a parking garage or similar structure.

(b)

Any paved areas adjacent to parking lots, excluding drive aisles, access points, and permanent loading, storage, sales, rental or service areas, shall be considered to provide parking even if no parking spaces are delineated by pavement marking.

4.

Maximum surface parking waiver request.

(a)

Requests to exceed the maximum surface parking requirement shall be accompanied by a written justification demonstrating how the maximum number of parking spaces specified in Table 27-1300.3 is insufficient for the proposed development. The written justification must include an analysis of current parking supply and conditions, an assessment of the ability of existing supply to meet existing peak demand, a projection of future demand, and must demonstrate consideration and evaluation of alternative parking management practices (e.g., shared parking, shuttle, valet, etc.).

(b)

A waiver to the maximum surface parking requirement may be allowed by the planning and community services director in situations that meet all of the following criteria:

(1)

The proposed development has unique or unusual characteristics such as high sales volume per floor area or low turnover, that create a parking demand that exceeds the maximum ratio and that typically does not apply to comparable uses;

(2)

The parking demand beyond the maximum parking standard cannot be accommodated by on-street parking, shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio;

(3)

The request is the minimum necessary increase from the standards; and

(4)

The applicant can provide all of the design requirements for excess parking.

5.

Design requirements for excess surface parking. An applicant that receives a parking waiver to provide parking that exceeds the maximum number of permitted parking spaces permitted in Table 27-1300.3 shall be required to include additional internal landscaping as described below:

(a)

Parking lot landscaping shall comply with the internal landscaping standards in article 27-1200, Landscaping.

(b)

In addition to the landscaping standards in article 27-1200, Deciduous trees and shrubs shall be provided in the quantities outlined in Table 27-1300.4 for parking that exceeds the maximum limit. Any required additional landscaping shall be distributed throughout the site.

Table 27-1300.4. Additional Landscaping Requirement for Excess Surface Parking.

(c)

Where the maximum number of parking spaces in the DX or CMU1 districts is exceeded, the applicant may provide, as an alternative to the additional landscaping standards in a lump sum payment of five hundred dollars ($500.00) per space for each space over the maximum to the Boulevard Tree Cost Share Program in lieu of installation.

G.

Bicycle parking.

1.

Applicable design standards.

(a)

When required, bicycle parking must comply with the City of Billings Bicycle Parking Guidelines (referred to APBP: Association of Pedestrian and Bicycle Professionals), available at the planning division offices or on-line at the City of Billings Webpages on Transportation Planning.

(b)

In mixed-use, commercial, and public districts all short-term racks shall be located within fifty (50) feet of the primary entrance of the building served by the rack(s) and shall be visible when facing that primary entrance.

2.

When required.

(a)

Bicycle parking shall be provided in Table 27-1300.5. Where the amount of required parking is not specified in Table 27-1300.5, the requirements of the Billings Bicycle Parking Guidelines shall apply.

Table 27-1300.5. Bicycle Parking.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21; Ord. No. 23-5854, § 3, 10-9-23; Ord. No. 24-5885, § 3, 6-10-24)

A.

Retail and commercial.

1.

Required. Any building or part thereof having a gross floor area of ten thousand (10,000) square feet or more which is to be occupied by a use requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional loading space for each twenty thousand (20,000) feet or major fraction thereof of gross floor area. Loading spaces are not required in CBD, CMU1, and NMU zones.

2.

Design.

(a)

Each loading space shall be not less than twenty (20) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height.

(b)

Loading space shall be located so as to preclude backing maneuvers on the public right-of-way.

B.

Warehouse and wholesale. Off-street loading space for warehouse, wholesale shipping and similar facilities will be determined by the city engineer. Such loading space shall be located so as to preclude backing maneuvers on the public right-of-way.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

A.

CBD and EBURD exception. Off-street parking is not required within the boundaries of the central business district (CBD) or East Billings Urban Redevelopment District (EBURD) in order to minimize disruptive curb cuts and driveways, encourage the consolidation of parking space in appropriate locations, and maximize the use of property for buildings and structures.

B.

On-street parking. On-street parking spaces on residential local streets that are directly adjacent to the property served may be counted towards the number of required spaces subject to the following:

1.

Marked spaces shall be counted if:

(a)

Fifty (50) percent or more of the stall length of a parallel space is adjacent to the property served; or

(b)

Fifty (50) percent or more of the stall width of perpendicular or angled parking is adjacent to the property served.

2.

Unmarked parallel spaces shall be determined by dividing the total curb length adjacent to the property served where parking is permitted by twenty (20) feet.

C.

Joint use.

1.

Authority and calculation. The planning and community services director may authorize the joint use or lease of parking facilities for the following uses or activities under conditions specified:

(a)

Up to fifty (50) percent of the parking facilities required by this section for primarily "night time" uses such as theaters, bowling alleys, bars, restaurants and related uses, may be supplied by certain other types of buildings, or uses herein referred to as "day time" uses such as banks, offices, retail, personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses.

(b)

Up to one hundred (100) percent of the parking facilities required by this section for a religious institution or for an auditorium incidental to a school, may be supplied by the off-street parking facilities provided by uses primarily of a "day time" nature.

2.

Conditions required for joint use or lease. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use, shall be located within five hundred (500) feet of such parking facilities, in addition to which:

(a)

The application shall show that there is no substantial conflict in the principal operating hours at the two (2) buildings or uses for which a joint use of off-street parking facilities is proposed.

(b)

The applicant shall present to the planning and community services director a legal agreement (lease) executed by the parties concerned for joint use or lease of off-street parking facilities. The lease must be for a minimum of ten (10) years and contain a notification requirement whereby the city will be informed in writing of any termination or complication experienced during the term of the lease.

D.

Transit offset. The number of required parking spaces may be reduced for developments within one thousand three hundred twenty (1,320) feet of a regular route served by intra-city fixed route transit service.

1.

To be eligible for a transit reduction the business owner must provide documentation of contracting for and securing a minimum of three (3) years of employee transit passes. The reduction in required parking spaces shall be one space for each transit pass purchased meeting these requirements.

2.

Uses eligible for a transit offset in the number of required parking spaces are:

(a)

Rented or leased residential multi-family living units or manufactured home park with eight (8) or more living units where a transit pass is included in the rental or lease of selected individual units: The maximum transit offset shall not exceed twenty (20) percent of the number of living units in the complex.

(b)

Hospitals; professional offices, including medical and dental clinics or offices; and financial institutions: The maximum transit offset shall not exceed twenty (20) percent of the total required parking for such uses.

E.

Reduced need populations. The required minimum number of parking spaces may be reduced by:

1.

Thirty-three (33) percent for any group living use or multi-unit use in which occupancy of at least eighty (80) percent of the units is restricted for use by those fifty-five (55) years of age or older.

2.

Fifty (50) percent for any group living use or multi-unit use in which occupancy of more than eighty (80) percent of the units is restricted for use by those meeting the definition of "handicapped" individuals under the federal Fair Housing Act.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

A.

Street access.

1.

Street access to the parking lot will be governed by the curb cut policy in BMCC section 6-1200.

2.

Limited access through the alley. Customer access via an alley to any commercial use on a lot which is adjacent to an alley which abuts an "N" zone shall not be permitted over that alley except in the CBD, EBURD, and DX zones.

B.

Pedestrian access.

1.

Walkways with a minimum unobstructed width of five (5) feet shall be provided between any building and an adjacent parking lot.

2.

Pedestrian pathways shall be provided through all parking areas larger than forty (40) parking spaces to create a safe and convenient connection to building entryways.

3.

Pedestrian pathways in and through parking areas must be designed and constructed to meet the following criteria:

(a)

Americans with Disabilities Act (ADA) guidelines;

(b)

Limit conflict between pedestrians and vehicular traffic;

(c)

Be clearly delineated and directional using techniques such as contrasting textured or colored material, segregation of pathway from vehicle travel lanes, and raised pathway surfaces;

(d)

Be located a reasonable walking distance from all parking spaces to minimize conflict with moving vehicles;

(e)

Provide functional connection between the parking area, the building served by the parking area, and adjacent public sidewalks and rights-of-way; and

(f)

Provide safe, convenient pedestrian access to all building entryways open to the public.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

A.

Distance. Off-street parking facilities shall be located as follows:

1.

One- and two-unit dwellings: On the same lot with the building they are required to serve.

2.

Dwellings with more than two (2) units, group household living, and lodging uses: Within the walking distance of one hundred (100) feet.

3.

Group living primarily for aging populations and health care: Within six hundred (600) feet for employees and three hundred (300) feet for visitors.

4.

Uses other than those specified above, off-street parking within five hundred (500) feet is required.

B.

Measurement. Where subsection 27-1306.A requires that parking spaces be located within a defined distance of a lot, building entrance, or similar, the following shall apply:

1.

At least fifty (50) percent of the spaces in any contiguous parking lot must entirely be within the required distance.

2.

Where a distance is specified, such distance shall be in walking distance measured from the nearest point of the parking facility to the nearest point of the lot that such facility is required to serve.

3.

The off-street parking shall not be located across an arterial or collector street except when both properties abut an intersection with traffic-control lights.

4.

In addition, adequate and safe pedestrian access must be provided from and to the parking areas.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

A.

Residential districts.

1.

Purpose and applicability.

(a)

The following standards for off-street parking and vehicle storage shall apply in all residential zoning districts and on property that is developed for residential use.

(b)

This section is intended to ensure that:

(1)

Parking is not the primary use of the property, and

(2)

Where accessory parking is permitted, it is provided in accordance with this zoning code.

2.

Licensed and operable motor vehicles. The following standards apply to the open storage and off-street parking of licensed and operable motor vehicles is an allowed accessory use subject to the following standards:

(a)

This is an allowed accessory use for non-commercial vehicles. Parking and open storage of one licensed and operable motor vehicle used for commercial or business purposes is an allowed accessory use provided it does not exceed twelve thousand (12,000) pounds in G.V.W. (gross vehicle weight).

(b)

Front or side yard parking shall be on a surface prepared with asphalt or concrete.

(c)

Rear yard parking or open storage may be provided on any type of surface. (See also BMCC section 6-1203.)

3.

Licensed and operable recreational vehicles. Open storage and off-street parking of licensed and operable recreational vehicles (for the purposes of this section, including but not limited to snowmobiles, boats, and campers, all-terrain vehicles, off-road motorcycles, and sport/utility trailers) is an allowed accessory subject to the following standards:

(a)

The use is allowed in any rear yard and may be provided on any type of surface.

(b)

The use is allowed in a front or side yard only if there is no access to a rear yard. Where permitted in a front or side yard, the use shall be provided on a surface prepared with asphalt or concrete.

(c)

When provided in any yard:

(1)

There shall be at least a five-foot separation between such recreational vehicle and any door, window, or other opening of a dwelling or accessory building that provides ventilation or access to the structure.

(2)

There shall be setbacks to property lines at a minimum of three (3) feet to a side or rear property line and eight (8) feet from the back of a sidewalk. If no sidewalk exists, all measurements shall be made from the front and side adjacent to street property lines.

(d)

The use of any recreational vehicle for living or sleeping purposes for more than five (5) consecutive days is prohibited when parked off-street or stored in any residential zoning district or in an area developed for residential use.

B.

Mixed-use, commercial, and industrial districts. The following standards for off-street parking and storage shall apply in all mixed-use, commercial, and industrial zoning districts:

1.

Outdoor storage for the off-street parking of inoperable motor vehicles for more than five (5) consecutive days as a primary use is a special review use of property as designated in Table 27-1000.1.

2.

Accessory outdoor storage for the off-street parking of inoperable motor vehicles for more than five (5) consecutive days is regulated in section 27-1008, Accessory uses.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)