There shall be provided at the time of erection or construction of any new building or structure, minimum off-street parking spaces and loading spaces meeting the provisions of this chapter.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-1, 1978)

A.

Enlargements of buildings shall provide the minimum required number of parking spaces for such enlargement. Enlargements greater than fifty percent of the existing building shall provide the number of parking spaces for the existing building and the new addition.

B.

If the existing building has provided the required number of parking spaces, then no additional off-street parking spaces must be provided for an enlargement, unless the number of spaces required for the enlargement is ten percent or more of the number of spaces required for the existing building.

(Ord. 305 § 1 (part), 1987: Ord. 164 § 1(D), 1982; Ord. 90 § 1(F, G), 1979; Ord. 53 § 180-2, 1978)

A.

Off-street parking areas required by this chapter shall be located as specified in this chapter. Where a distance is specified, such distance shall be measured by a straight line from the nearest point of the building to the nearest point of the lot serving such building, unless otherwise stated.

B.

For single-family and multifamily dwellings, off-street parking is required on the same tract with the dwelling they are required to serve.

C.

For sanitariums, apartments, lodging and boarding houses, and retirement homes, off-street parking areas are required within one hundred feet of the building to be served.

D.

For uses other than those specified in this section, off-street parking areas are required within two hundred fifty feet.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-3, 1978)

A.

Off-street parking areas must be accessible by a public street or alley, and shall be owned/leased by the owner/lessee of the building or use being served by such parking. Such parking lot shall be maintained as a parking lot so long as the building and/or use served is in operation or until another suitable parking area is established for such building or use.

B.

There shall be no vehicular access to the parking area from a street which is a boundary of an "R" zone and toward which the rear of the building faces, except by a conditional use permit from the board of adjustment.

(Ord. 305 § 1 (part), 1987: Ord. 90 § 1(H), 1979: Ord. 53 § 180-4, 1978)

Off-street parking areas may be established in any residential zone that immediately joins a commercial or industrial zone, or is directly across an alley from a commercial or industrial zone, provided such parking shall be accessory to and for use of one or more business or industrial establishments located in the adjoining commercial or industrial zone. Such transitional use shall not extend more than one hundred thirty feet from the boundary of the less restricted zone.

(Ord. 305 § 1 (part), 1987: Ord. 258 § 2 (part), 1985: Ord. 90 § 1(I), 1980; Ord. 53 § 180-5, 1978)

Any establishment located within the C-3 zone (or any other zone) shall be exempt from the requirements in this chapter when participating in an approved Butte-Silver Bow parking district.

(Ord. 305 § 1 (part), 1987: Ord. 258 § 2 (part), 1985: Ord. 53 § 180-6, 1978)

In the case of a use not specifically mentioned in this title, the requirements for the most nearly similar use which is so mentioned shall apply. The decision of the zoning officer as to what is the most nearly similar use shall apply.

(Ord. 305 § 1(part), 1987: Ord. 53 § 180-7, 1978)

In the case of mixed occupancies, the total parking spaces required shall be the sum total of the spaces required for each individual use. Off-street parking facilities for one occupancy shall not be considered as a substitute for joint use, unless the conditions of the occupancies conforms with the requirements of Section 17.40.100.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-8, 1978)

Any business or industry implementing a ridesharing program may apply to the board of adjustment for a reduction of the required number of off-street parking stalls.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-9, 1978)

The planning director may authorize the joint use of off-street parking facilities for the following uses or activities under the conditions specified:

A.

Up to fifty percent of the required off-street parking for primarily nighttime uses such as theaters, bowling alleys, bars or supper clubs may be supplied by the parking requirements for primarily daytime uses such as banks, offices, retail and personal service establishments;

B.

Up to fifty percent of the parking facilities required by this title for churches or auditoriums may be supplied by the parking facilities provided for uses primarily of daytime nature.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-10, 1978)

A.

Location. 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 two hundred fifty feet of such parking facilities.

B.

Operating Hours. The applicant shall show that there is, and will be, no substantial conflict between the principal operating hours at the two buildings or uses, for which joint use of off-street parking facilities is proposed, and shall show that there are, and will be, no conflicting demands for such parking by the respective employees, customers and clients of the two buildings or uses. Each off-street parking stall shall be shared only once.

C.

Signed Agreement. The applicant shall present to the zoning officer a legal agreement executed by the parties concerned for joint use of off-street parking facilities. The legal document shall be approved by the Butte-Silver Bow county attorney and the approved agreement shall be filed by the applicant with the Butte-Silver Bow clerk and recorder.

D.

Termination. In case of termination or dissolution of any such lease or agreement, the agreement shall require that the applicant notify the Butte-Silver Bow zoning officer and, each use previously provided off-premises or off-site parking thereunder shall cease within thirty days of termination or dissolution of agreement until adequate off-street parking, meeting the requirements of this chapter, is again provided.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-11, 1978)

A.

In all parking facilities containing fifteen or more parking spaces, a maximum of twenty-five percent of the required parking spaces may be reduced in size for the use of compact cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only." Spaces designed for compact cars may be reduced in size to a minimum of seven and one-half feet in width and fifteen feet in length.

B.

Where feasible, all compact car spaces shall be located in one or more contiguous areas and/or adjacent to ingress-egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-12, 1978)

A.

Refer to Table "A" to determine minimum requirements of aisle widths and off-street parking spaces. (Exhibit "A" as attached to the ordinance codified in this chapter on file in the clerk and recorder's office.)

B.

Refer to Table "B" to determine minimum requirements of aisle widths and off-street parking spaces for compact car spaces. (Exhibit "B" as attached to the ordinance codified in this chapter on file in the clerk and recorder's office.)

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-13, 1978)

Parking spaces shall be provided for the handicapped and shall be clearly signed or marked with a stenciled notation on the pavement designating for such use and shall be posted with an approved handicapped parking sign directly in front of the stall. Each such space shall be at least eight feet wide and shall have an adjacent access aisle five feet wide minimum. Two accessible parking spaces may share a common access aisle. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 in all directions. Parking spaces shall be located closest to the handicapped-accessible entrance with an accessible route provided to that entrance. Parking spaces for the handicapped shall be provided as follows:

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-20, 1978)

Off-street parking areas except residential shall be surfaced with cement concrete or asphaltic material and shall be maintained in a dust-free condition. Surfacing and drainage shall be designed by accepted engineering methods and subject to the approval of the Butte-Silver Bow department of public works.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-30, 1978)

Lighting used to illuminate a parking area shall be arranged in such a manner that it will not be a hazard to passing motorists or constitute a nuisance of any kind. Where said parking area is within one hundred fifty feet of any property zoned residential by this chapter and where the parking area is directly visible from such residences within one hundred fifty feet, illuminating devices shall be shaded in a manner that would direct light away from the residential property.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-31, 1978)

A raised bumper curb of concrete six inches high or asphalt is required for all parking stalls adjacent to property lines, fences, sidewalks, landscaped areas and walls. Subject to approval, this requirement may be modified provided other design features will be as equally effective in prohibiting vehicle encroachment.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-32, 1978)

Parking stalls shall be designated by pavement markings. All traffic-control devices such as pavement markings, signs, rails, curbs and other developments shall be installed and completed as shown on the approved plans.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-33, 1978)

Maintenance of all areas provided for off-street parking shall include removal and replacement of dead and dying trees, grass and shrubs, removal of dirt, trash and weeds, repair and maintenance of drainage and repair of traffic control devices, signs, lights, standards, fences, walls, surfacing materials, curbs, sidewalks and railings.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-34, 1978)

The accesses to parking lots will be governed by the curb cut policy of the city engineering department or the Montana Department of Highways, depending upon jurisdiction.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-35, 1978)

Each off-street loading berth shall be provided access to a street or alley, and such access shall be so designed and provided that its use does not interfere with traffic movement.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-50, 1978)

No off-street loading berth shall be located closer to any lot zoned for residential use, than fifty feet, unless screened by a wall or solid fence, or combination thereof, which shall be not less than six feet high.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-51, 1978)

Each off-street loading berth shall be at least ten feet by fifty feet in size and fourteen feet high. Length of loading berths for vehicles other than semitractor trailers may be reduced from fifty feet to thirty-five feet.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-52, 1978)

Loading berths shall not be considered as off-street parking spaces.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-53, 1978)

All or part of the required loading berths may be within buildings.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-54, 1978)

Off-street loading berths shall be provided in accordance with the requirements that follow. Berths shall be provided and maintained on the same tract with the building they are required to serve. If more than one use is combined in one building, the combined number of berths shall be provided. Where uses are not specifically mentioned in this chapter, the requirements for the most nearly similar use which is so mentioned shall apply. The decision of the zoning officer as to what is the most nearly similar use shall apply.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-55, 1978)

Within the C-3 zone, where, because of physical constraints, topography, location or other circumstances, the developer may request that the zoning board of adjustment consider, upon referral, review and receipt of recommendation from the parking commission, that a cash donation in lieu of required parking be accepted. The amount of the donation to be considered fair and equitable will be determined in the following manner:

A.

The developer will furnish a valid appraisal by a full-time real estate appraiser of the land within a reasonable distance of the proposed development and determine average value per square foot of all land examined. This appraisal shall be approved by the Butte-Silver Bow council of commissioners.

B.

The required amount of parking spaces for such development shall be determined according to the applicable provisions contained in this chapter.

C.

The average square footage deemed necessary for establishing each parking space shall be three hundred seventy-five square feet. This includes space for ingress and egress, landscaping, travel lanes and lighting.

D.

The number of parking spaces required under subsection B of this section will then be multiplied by the three hundred seventy-five square feet required per space contained in subsection C of this section to arrive at a total square footage required.

E.

The cash in lieu, for land acquisition only, shall then be determined by multiplying the average cost per square foot obtained in subsection A of this section by the total square footage required in subsection D of this section.

F.

In addition, the developer shall also donate cash in lieu of all related improvements. The cost figure for landscape improvements shall be based on twenty-five square feet per required parking space plus one tree per five parking spaces. The cost figure shall be the current value as on file in the planning office.

G.

The sum of subsections E and F of this section will determine the total cash in lieu donation for required parking.

H.

The cash in lieu payment shall become property of the Butte-Silver Bow parking commission and shall be placed in a special fund used only for the acquisition and development of off-street parking facilities within the C-3 zone.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-60, 1978)

Before a building permit will be issued for the construction of any industrial or commercial building or addition thereto, the developer or his/her authorized representative shall submit a completion bond to the zoning officer to ensure that the parking as required in this chapter is properly installed. The completion bond shall be in the amount of one hundred ten percent of the total cost of the parking improvement.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-80, 1978)

A completion bond is not required to be provided if the developer/owner or his/her authorized representative meets the following requirements:

A.

The developer/owner shall provide Butte-Silver Bow with an architect-owner agreement which states the architect will prepare, interpret and execute the contract documents, including construction administration;

B.

The developer/owner shall provide Butte-Silver Bow with the contract documents as defined in Article 1, Paragraph 1.1.1 in the general conditions of the contract for construction, AIA Document A201 or approved equivalent;

C.

The developer/owner shall provide Butte-Silver Bow with a performance bond and labor and material payment bond as defined in Article 7, Paragraph 7.5 and 7.5.1 in the general conditions of the contract for construction, AIA Document A201 or approved equivalent;

D.

The developer/owner shall sign a written agreement stating that the work stated in the construction contracts for parking shall be performed and no modifications to this work shall be made without the approval of the zoning officer. This agreement shall be approved by the Butte-Silver Bow county attorney.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-81, 1978)

The total cost figure for purposes of bonding for the completion of the parking shall be provided by the zoning officer and shall be based on current prevailing costs of materials and installation of parking area. The cost figure shall be known as the principal amount and shall be the current value as on file in the planning office.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-82, 1978)

Completion bonds may be in the form of cash, letter of credit, certificate of deposit or surety bond executed by a company authorized to do business in the state of Montana and will be released only after the zoning officer or his representative has inspected the parking improvements and found that all required parking has been properly installed.

Real property bonds will be accepted as a completion bond only upon approval of the council of commissioners. The value of real property pledged as security must be unencumbered in at least twice the principal amount. All real property bonds shall be recorded as provided by the laws of the state for encumbrances upon real property, and foreclosure upon such real property bonds shall be as provided by state law.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-83, 1978)

Installation of parking improvements shall be completed within twelve months following the issuance of the building permit. Parking improvements, for building projects where the length of time of construction will extend beyond the twelve-month period, shall be completed within a length of time as approved by the zoning officer.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-84, 1978)

Failure to complete the installation of the parking improvements within the allotted time shall be deemed a forfeiture of the completion bond. When the completion bond is a letter of credit, cash deposit or surety bond, the local government shall utilize such securities to ensure the installation of the parking improvements. When the completion bond is a real property bond, the owners of the real property shall be held responsible for the installation of the parking improvements and in the event of their failure to act, the real property pledged shall be subject to foreclosure as provided by Montana law.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-85, 1978)

Required parking spaces shall be in conformance with the following table and where alternative standards are indicated, the greater requirement applies in conflicting computation; where the total quota results in a fraction, the next highest full unit shall be provided. Classification of use shall be defined by the Standard Industrial Classification Manual, 1972.

1.

Residential single-family dwelling*: two parking spaces per dwelling unit;

2.

Residential multifamily dwelling*: one and one-half parking spaces per dwelling unit;

3.

Elderly housing (change in use to apartments will require additional parking): one parking space per four dwelling units;

4.

Boarding, lodging houses and similar uses: one parking space per dwelling unit and one space per boarding, lodging unit;

5.

Apartments: one and one-half parking spaces per dwelling unit;

6.

Motels/hotels: one parking space per two guest rooms or suites and one parking space per five seats maximum capacity combined banquet rooms and fifty percent of restaurants/bars, etc.;

7.

Hospitals: one parking space per two beds and one parking space per staff doctor and one parking space per two employees;

8.

Nursing, convalescent, rest homes: one parking space per three beds;

9.

Day care and nursery: one parking space per employee, one parking space per six children;

10.

School: elementary, junior high (public, private or parochial): one parking space per employee and one parking space per two classrooms;

11.

School: high school, college (public, private or parochial): one parking space per employee and one per five students;

12.

Business and professional offices, banks: one parking space per three hundred square feet of floor area, minimum of four parking spaces;

13.

Medical and dental offices: one parking space per two-hundred fifty square feet of floor area, minimum of four parking spaces;

14.

Libraries and museums: one parking space per one thousand square feet of floor area;

15.

Theaters, auditoriums, sports arenas and assembly halls with fixed seats: one parking space per four seats;

16.

Skating rinks, dance halls, recreation establishments: one parking space per two hundred square feet of floor area;

17.

Bowling alleys: five parking spaces per alley;

18.

Churches and similar places of assemblies: one parking space per six seats;

19.

Mortuaries and funeral homes: one parking space per four seats;

20.

Private clubs and lodges: one parking space per two hundred square feet of floor area;

21.

Restaurants and bars (includes pizza): one parking space per four seats or one parking space per one hundred fifty square feet of floor area;

22.

Restaurants, fast food (carry-out and counter service): one parking space per one hundred square feet of floor area and one parking space per employee or one parking space per two seats and one parking space per employee;

23.

Restaurants, fast food with drive-through window: one parking space per two seats or one parking space per one hundred square feet of floor area. Stacking lane: minimum of three spaces when accessed from a minor street or minimum of five spaces when accessed from an arterial street, not counted towards required parking spaces;

24.

Retail stores—Under five thousand square feet: one space per two hundred fifty square feet of floor area, minimum of four parking spaces;

25.

Retail stores—Over five thousand square feet: twenty parking spaces plus one space per four hundred square feet above five thousand square feet;

26.

Furniture, appliance, household and equipment sales: one parking space per six hundred square feet;

27.

Open sales area, trailer sales and rental, mobile home sales and garages: one parking space per one thousand five hundred square feet of sales area;

28.

Service stations, auto repair and services: one parking space per six hundred square feet and one parking space per dispenser station or lube/repair bay. Minimum of four parking spaces. Pump lanes: not counted as parking spaces;

29.

Convenience/gas combination: four parking spaces minimum. One parking space per four hundred square feet of floor area. Pump lanes: not counted as parking spaces;

30.

Motor vehicle, boat showrooms, machines, plumbing, heating, contractors, ventilating, upholstery, building material supplies, sales and service: one parking space per one thousand square feet;

31.

Manufacturing, productions, testing or repair of materials or commodities: one parking space per one thousand square feet or three-quarters space per employee;

32.

Wholesale establishments (not engaged in normal retail operations): three parking spaces first one thousand square feet and one additional space per additional five thousand square feet;

33.

Warehousing or storage buildings, freight terminals: one parking space per two thousand square feet for first ten thousand square feet and one additional parking space per additional ten thousand square feet. Warehouses with office space exceeding six hundred square feet shall be computed as an office warehousing mixed occupancy.

34.

Athletic courts: two spaces per court plus one space per eighty square feet of spectator area or one space per fixed seat, whichever is greater.

35.

Health clubs, indoor athletic facilities and exercise studios: one space per eighty square feet of exercise area, one space per each three hundred square feet of locker room/sauna/shower area, plus code requirement for other users.

36.

Limited indoor recreation, six spaces per one thousand square feet.

37.

Outdoor recreation: one space per three-person capacity of useable space.

38.

Trailheads: parking for eight to ten vehicles, bike rack, access gate and trash can with mutt mitts.

(Ord. 393 § 1, 1990; Ord. 305 § 1 (part), 1987: Ord. 53 § 180-90, 1978)

(Ord. No. 10-12, § 44, 1-19-2011)

* Residential dwellings exempt from building enlargement requirement.

"Number of employees" means the greatest number of employees who are or may be on the premises during any one average working shift or period of time of the day or night, as determined by the zoning officer.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-92, 1978)

In areas such as auditoriums, churches, theaters, etc., where number of off-street parking spaces are based on fixed seating and seats are not fixed, seven square feet of floor area per seat shall apply. For other uses refer to the Uniform Building Code, Table No. 33-A.

(Ord. 305 § 1 (part), 1987: Ord. 53 § 180-94, 1978)