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Gillette City Zoning Code

SECTION 9

OFF STREET PARKING AND LOADING REQUIREMENTS

a. General

  • Except in the C-2 District, off street parking and loading shall be provided and maintained as required by this section for all permitted uses which are established after the effective date of this ordinance. The C-2 District shall be exempt from the provisions of Sections 9.c. and 9.d., Off Street Parking and Loading Requirements. All of the other provisions of Section 9. of this ordinance shall still apply.10
  • These requirements shall not be retroactive to permitted uses existing on the date this ordinance becomes effective but shall apply to any expansion of these uses which occur after that date.
  • Off-street parking and loading facilities shall be provided on the same zone lot and under the same ownership as the permitted use for which the parking is required, except as hereinafter provided.
  • Parking spaces required by each of two (2) or more permitted uses located on the same zone lot need not be separated and may be used jointly.
  • No structure shall be erected or enlarged, nor shall any use be enlarged, if such action will eliminate existing, required off street parking areas.
  • Handicapped Parking.12 When handicapped facilities are required within a building by the building inspector, a minimum of two percent (2%) of the required off street parking spaces, but at least one (1) space, shall be clearly designated by vertical signage for use by the handicapped. Each such space shall be at least twelve feet (12') in width and located on a surface with not more than a five percent (5%) slope.

    • Effective on: 1/1/1901

    b. Design, Use and Maintenance

    Off-street parking and loading will be designed, used and maintained in accordance with the following specifications:

    1. Individual, off street parking spaces shall be at least nine feet (9') wide and eighteen feet (18') long.
    2. Individual, off street loading spaces in commercial zones shall be located only in side or rear yards of the zone lot and shall be at least twelve feet (12’) wide, fifty feet (50’) long and have a minimum height clearance of fourteen feet (14’). In industrial zones the location of the loading spaces may be located in any yard to accommodate the business provided that the location does not block or interfere with the use of the required parking spaces, entrances or exits or driveways. Loading spaces in an industrial zone must be twelve feet (12’) wide, fifty feet (50’) long and have a minimum height clearance of fourteen feet (14’)53.
    3. Parking and loading areas shall be graded for proper drainage and shall meet the following requirements:4, 25
      1. Scoria shall not be allowed in any zoning district, except as provided in Section 9.b.(3)(e) below;25
      2. An all weather surface of asphalt or concrete shall be used for parking and loading areas and for all entrances, exits and driveways serving those parking and loading areas 16, 27, 41;
      3. For residential use only, the required number of off street parking spaces and driveways must have an all weather surface of asphalt or concrete. Additional, off street parking areas may be surfaced with a Grade J gravel;
      4. All off street parking and loading areas shall be designated according to the layout approved on the zoning permit or development plan. Parking and loading spaces should be designated by striping. Striping is required for all development, except for an individual, single family dwelling or duplex on a single lot; and
      5. For commercial/industrial uses, the required number of off street parking and off street loading spaces, the entrances/exits serving those spaces must have an all weather surface of asphalt or concrete. Additional vehicle or equipment parking storage areas may be surfaced with Grade J gravel. In the I-2, Heavy Industrial District, additional parking or storage area may be surfaced with scoria.25
    4. Each parking or loading space must be usable and readily accessible and arranged so that no part of any parked vehicle extends beyond the property lines. No parking or loading space shall encroach into a required "sight triangle".
    5. Required parking and loading areas shall be provided with designated entrances and exits located so as to minimize traffic congestion and avoid undue interference with public use of streets, alleys and walkways.
    6. Parking and loading areas, provided in accordance with the requirements of this resolution, shall not be used for the sale, repair, assembly or disassembly, storage or servicing of vehicles or equipment. Unlicensed or inoperable vehicles shall not be stored in any required parking or loading space.
    7. In the R-2 District, whenever parking of vehicles is the principal use of a zone lot, the following landscape features must be provided as part of the parking lot design: 9, 26
      1. Where the parking area abuts a lot or lots owned by others not utilizing the parking area, there shall be a solid wall or fence a minimum of four feet (4') high, adjacent to the common property line to screen the parking area;
      2. All areas within the parking area which are not used for the circulation or parking of vehicles or pedestrian walkways shall be landscaped; and
      3. All landscaped areas within the parking area shall be provided with adequate means of irrigation and must be maintained.
    8. There may be a mutual use of parking areas for mixed occupancies or uses, provided the required off street parking spaces are utilized by mixed uses or occupancies with differing peak hours of business. Where appropriate, the Zoning Administrator may reduce the total number of required parking spaces by a maximum of fifteen percent (15%).26
    9. A temporary certificate of occupancy, as permitted by Section 5.d.(1) of this ordinance, shall not be issued until a temporary parking and access surface has been installed or determined to be unnecessary by the Zoning Administrator. The usual, minimum requirement shall be a gravel surface meeting City specifications. Other surfaces shall be considered, in light of the intent of his section, to provide a surface which is passable by pedestrians, will not rut excessively, nor be collected by vehicle tires and subsequently dropped onto adjacent public streets.27
    10. Access and Parking Lot Maintenance Requirements:  Parking lots and public access easements shall be maintained by the owner of the property to prevent deterioration, including but not limited to: potholes; crumbling asphalt, concrete or any other surface covering; or weeds.  Additional vehicle or equipment parking storage areas as provided for in Section 9.b(3)(e) accessible to the public for use as a parking lot, shall be maintained to prevent deterioration.91

    Effective on: 11/13/2019

    c. Off Street Parking Requirements

  • Exemptions. The following permitted uses shall be exempt from all "Off Street Parking and Loading" requirements; provided however, that when parking is provided, it shall comply with all of the provisions of Section 9.b., Design, Use and Maintenance:
    1. general agriculture
    2. animal feed lots
    3. cemetery
    4. contractor's yard
    5. drive-in theater 
    6. golf course
    7. grazing
    8. recreation camp
    9. junk yard
    10. newsstand
    11. oil, gas or mineral exploration, drilling, production, processing, separation or storage
    12. parking or storage of vehicles
    13. public parks, playgrounds or open recreational facilities
    14. quarry
    15. railway right-of-way
    16. sanitary landfill
    17. transmission lines or towers
    18. essential public utility or public service installation, which does not include business offices, repair, sales or storage facilities
  • Home Occupations. Home occupations conducted in an authorized dwelling unit shall provide one (1) parking space for every two hundred (200) square feet, or fraction thereof, devoted to the home occupation. This required parking shall be in addition to the parking required for the dwelling unit.
  • There shall be provided two (2), off street parking spaces for each dwelling unit in the following structures:8
    1. single family dwelling, detached; provided however, that in an R-1, R-2 or R-3 District, one (1) additional, off street parking space shall be provided for each authorized roomer or boarder;
    2. multiple family dwelling;
    3. mobile/manufactured home;60 and
    4. condominium and townhouse.
    5. Mixed-use development; provided however that the total required parking shall be calculated for each permitted use in the C-P,C-O and C-1 District. This total may be reduced by up to 15% with approval of the Planning Commission, as allowed in section b. (8) for mutual use of parking areas for mixed occupancies. Mixed-Use Developments in the C-2 District are required to provide parking only in support of the residential portion of a mixed-use development and shall comply with the provision of section e. Special Plan For Off-Street Parking. All mixed-use developments shall include a parking plan as part of the required Development Plan submittal and approval process. The commercial aspects of all mixed-use development projects in the C-P, C-O and C-1 Districts must comply with all loading requirements.73
  • Off street parking shall be provided in the following amounts for each of the listed permitted uses:
    • Church and mortuaryOne (1) space for each four (4) seats at maximum capacity*
    Boarding and/or rooming house, motel or hotelOne (1) space for each sleeping or living unit
    Nursing home, home for the elderly, day care, foster care (other than a dwelling unit), hospital, institution and orphanageOne (1) space for each six hundred (600) square feet of gross floor area in the structure containing the permitted
    Community center, or community recreational facilityOne (1) space for each three (3) persons the facility is designed to accommodate at maximum capacity
    Elementary school, and junior high schoolFive (5) spaces, plus one (1) space for each classroom
    Senior highOne (1) space for each employee, plus one (1) space for each four (4) students, based on the design capacity of the school
    Armory, carpenter or cabinet shop, fire station, laboratory, police station, plumbing shop, printing and publishing, sheet metal shop, tire repair shop, tinsmith, wholesaling and warehousing, and welding shopOne (1) space for each six hundred fifty (650) square feet of gross floor area devoted to the permitted use
    Sales area of a greenhouse or plant nursery, animal hospital, kennel (administrative area), and veterinary clinicOne (1) space for each four hundred (400) square feet of gross area devoted to the permitted use
    Library and museumOne (1) space for each six hundred 600 square feet of gross floor area
    Medical and dental clinics, banks and savings and loan institutionsOne (1) space for each two hundred seventy five (275) square feet of gross floor area devoted to the permitted use
    Offices, club or lodge, gasoline filling station, post office, automobile sales and service, radio television station, and commercial recreational (excluding amusement arcades)One (1) space for each three hundred fifty (350) square feet of gross floor area devoted to the permitted use
    Amusement arcade, apparel and accessory store, appliance store, auto supply store, bakery and pastry store, barber or beauty shop, book and stationary store, bowling alley, car wash, clothing store, clothing and costume rental, convenience store, delicatessen, department store, drug store, dry goods and notions, dry cleaning or laundry, gift or novelty shop, grocery store, hardware store, ice cream shop, laundromat, liquor store, mail-order catalog sales, self-service laundry, shoe store, sporting goods store, tavern or lounge, and variety store 24, 26High-volume, general commercial uses – one (1) space for each two hundred (200) square feet of gross floor area devoted to the permitted use
    Artist studio, art supply store, antique store, bicycle shop, cigar and tobacco store, candy store, furrier, millinery or tailor, feed and seed, florist, frozen food locker, garden shop, hobby shop, interior decorator, jewelry store, health goods store, lock and key shop, medical and orthopedic appliances, meat market, messenger or telegraph service, musical instrument store, music studio, milk products store, office supply and equipment, optician, paint and wallpaper store, pet shop, pawn shop, photographic supply store, photographic studio, picture frame shop, sewing machine store, shoe repair and shine shop, travel agency, upholstery shop, watch repair shop, small appliance and machinery repair, taxidermy.49Low-volume, general commercial uses – one (1) space for each two hundred seventy five (275) square feet of gross floor area devoted to the permitted use
    Furniture storeOne (1) space for each five hundred (500) square feet of gross floor area devoted to the permitted use
    Auditorium, meeting hall, and theaterOne (1) space for each three (3) seats at maximum capacity.* When individual seats are not permanently fixed, a gross floor area of twenty one (21) square feet shall be considered as equivalent to one (1) seat
    Business, technical or vocational school, and community collegeOne and one-half (1 1/2) spaces for each classroom laboratory, or lecture hall, plus one (1) additional space for each five (5) students that the school is designed to accommodate, plus one (1) additional parking space for employees or staff members, other than teaching staff
    Airport-related industry, asphalt plant, assembly or fabrication, automobile repair, bottling plant, building material storage and sales, bulk plant, gasoline or LP gas, dry cleaning or laundry plant, grain elevator and feedmill, grinding mill, heavy equipment sales, service and repair, incinerator, lumber yard, manufacturing, processing or fabrication, monument-making and sales, oilfield supply, storage and sales, railroad facilities, ready-mix concrete plant, refinery, slaughterhouse, truck or freight terminal, and public utility installationsOne (1) space for each two (2) employees for which the permitted use is designed to employ
    Mixed-use shopping centerIt shall be assumed that eighty percent (80%) of the gross floor area of a mixed use shopping center be devoted to high volume, general commercial uses at one (1) space for each two hundred (200) square feet, with the remaining twenty percent (20%) of the gross floor area being considered to be low volume, general commercial uses at one (1) space for each two hundred seventy five (275) square feet
    Restaurants, lounges and taverns24One (1) space for each three (3) seats at maximum capacity. For non-fixed seating, one (1) seat per fifteen (15) square feet shall be assumed

    * Maximum capacity of the facility to be determined by the Zoning Administrator.

    Parking requirements for permitted uses not listed in this section (Section 9.c) shall be determined by the Zoning Administrator.

    1. Drive-up Windows.24 Each drive-up window for fast food restaurant customers to pick up orders shall provide an area for waiting vehicles as follows:
      1. a minimum of four (4) spaces shall be provided for vehicles waiting at the drive-up window;
      2. a minimum of four (4) spaces shall be provided for vehicles waiting at the menu board; and
      3. all spaces for waiting vehicles must be arranged so that waiting vehicles will not obstruct any other parked vehicles, traffic aisles, building exits or entrances or pedestrian ways.

    Effective on: 1/1/1901

    d. Off-Street Loading Requirements

  • An off-street loading space shall be located on the same zone lot as the structure for which it is located.
  • In the C-O, C-P, C-1, C-3, I-1 and I-2 Districts, the following number of off-street loading spaces shall be provided, plus an area adequate for maneuvering, ingress and egress:21
    • Type of UseGross Floor Area (Square Feet)Number of Loading Spaces Required
    Retail, Wholesale,3,000 to 10,0001
    Storage and Other15,001 to 40,0002
    Business UsesEach additional 24,0001 additional
    Office Buildings15,000 to 100,000
    100,001 to 336,000    		1
    2
    Each additional 200,0001 additional
    15,000 or Less1
    Industrial Uses15,001 to 40,0002
    40,001 to 100,0003
    Each additional 60,0001 additional
    Type of UseGross Floor Area (Square Feet)Number of Loading Spaces Required
    Retail, Wholesale,3,000 to 10,0001
    Storage and Other15,001 to 40,0002
    Business UsesEach additional 24,0001 additional
    Office Buildings15,000 to 100,000
    100,001 to 336,000    		1
    2
    Each additional 200,0001 additional
    15,000 or Less1
    Industrial Uses15,001 to 40,0002
    40,001 to 100,0003
    Each additional 60,0001 additional

    Effective on: 8/27/2019

    e. Special Plan for Off-Street Parking

  • Under the provisions of Section 9.a.(3) of this ordinance, off-street parking is required to be located on the same zone lot and operated under the same ownership as the permitted use. Under the following conditions, required off-street parking may be provided on a zone lot separate than that containing the permitted use:
    1. the separate zone lot must be within three hundred feet (300') of the zone lot containing the permitted use;
    2. the separate zone lot must be located within a zoning district where the parking of vehicles is a permitted use; and
    3. a special plan for separated, off street parking must be submitted to, approved and recorded by the Zoning Administrator.
  • applications for approval of a special plan shall be filed with the Zoning Administrator and shall include the following details:
    1. a statement by the owner or owners of the entire land area to be included within the special plan, and the owner or owners of all structures on the designated land area agreeing to all of the provisions of the plan;
    2. sufficient evidence to establish to the satisfaction of the Zoning Administrator that the applicants are the owners of the designated land and structures;
    3. the location and size of the permitted uses or structures for which off-street parking is required; and
    4. the location and layout of the required off-street parking spaces and their distance from and location in relation to the permitted use.
  • The Zoning Administrator shall review such applications and either approve or disapprove them. Any approval may establish necessary conditions and limitations.
  • An approved special plan shall be filed among the records of the Zoning Administrator and with the County Clerk.
  • All special plans which have been approved and recorded shall be binding upon the owners of the land area and structures included in the special plan and their successors and assigns and shall control all zoning permits and certificates and the use and operation of the designated structures and land area.
  • Special plans may be amended or withdrawn through the same process by which they first gained approval.

    • Effective on: 1/1/1901

    f. Permitted Parking Arrangements12 (See Exhibit 9-1)

    Exhibit 9-1

    Effective on: 1/1/1901