Hamilton City Zoning Code

The intent of the off-street parking and loading chapter is to provide the public with an adequate number of parking spaces, vehicular ingress and egress from a building or parking area to a public street, and access for emergency vehicles. The purpose of off-street parking requirements is also to provide convenient and safe access to property, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking), and, alleviate hazards with access to traffic generating business and industrial uses.

The intent is to control parking, internal circulation and access onto a public street and to provide adequate and safe parking for residents and business customers, to avoid and mitigate traffic congestion, and to provide aesthetically pleasing parking facilities, all in the interest of public safety and general welfare. The parking requirements specific to the CBD zoning district can be found in Section 17.24.130 of this title.

(Ord. No. 452, Exh. A, 1-20-26)

As used in this chapter:

"Floor area" means the total gross floor area of all floors of any building which includes all space intended for occupation use and storage.

"Loading space" means an area used for loading or unloading located entirely on private property with a minimum vertical clearance of fourteen (14) feet and provided with permanent independent access.

"Off-street parking space" means an area used for parking a motor vehicle located entirely on private property with permanent independent access for use by occupants, patrons or residents of the property.

"Public works standards" means those standards adopted by the City of Hamilton City Council that include the adoption by reference the Montana public works standards and specifications most recent edition (hereinafter "public works standards").

(Ord. No. 452, Exh. A, 1-20-26)

A.

Off-street parking spaces must conform to the public works standards and specifications.

B.

Off-street parking areas must be accessible from a public street.

C.

The access to an off-street parking area must be constructed according to the public works standards and specifications.

D.

Off-street parking spaces that service residential uses must be located on the same lot as the dwelling and may not be located in any front yard except in a single designated driveway.

E.

Off-street parking areas serving commercial, industrial, public or institutional uses must be located within one city block (approximately three hundred (300) feet) of the use.

F.

Off-street parking areas serving multi-household residential developments of more than ten units, or commercial, industrial and institutional uses must comply with the following provisions:

1.

Grading and drainage. Off-street parking areas shall be graded and any needed swales, culverts or other drainage facilities shall be installed to remove storm water run-off in a manner that does not adversely affect adjacent properties, public streets or surface waters.

2.

All off-street parking areas shall be surfaced according to the public works standards.

3.

Screening. Where an off-street parking area abuts a residential zoning district, the parking area shall be effectively screened at the property line(s) by sight-obstructing wall, fence or hedge acceptable to the director of public works with a minimum height of five feet.

4.

Lighting. Lighting used to illuminate a parking lot shall be directed downward and illuminating the parking area only. No illumination shall spill over to any adjoining residential zoning district. No source of lighting shall face upward to the sky.

(Ord. No. 452, Exh. A, 1-20-26)

Any change to a building, or any change in use of a building or site to such an extent that a building permit or certificate of occupancy is necessary, shall require compliance with the provisions contained in this chapter. No building permit shall be issued until plans showing provisions for the required off-street parking have been submitted and approved. Every lot portion thereof used as a public or private parking area shall be developed and maintained in accordance with this chapter.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The property owner or the authorized representative is responsible for the continuous provision and maintenance of off-street parking for employees, customers, business vehicles and loading spaces. Compliance with these regulations shall be a part of the building permit review process whenever a facility's use is established, enlarged or changed.

B.

A site plan of the proposed parking area, including location, curb cuts, pedestrian walks, screening, lighting, drainage retention, landscaping, traffic control devices, drainage facilities and any other features shall be submitted for approval as part of the building permit approval process.

C.

In the event a discrepancy should arise between this Code and the adopted public works standards, the public works standards shall supersede this title.

(Ord. No. 452, Exh. A, 1-20-26)

Paving and hard surfacing of all parking areas shall provide for proper on-premises storm drainage and allow for parking stalls and installation of other traffic control devices as deemed appropriate by the director of public works. Paint or markers shall be used to delineate parking stalls and directional arrows on paved or hard surfaced areas. Pedestrian walks on the exterior of the parking lot shall be curbed or raised six inches above the lot surface, excluding those areas used for driveways or curb cuts necessary for meeting handicap requirements or public works standards. The parking lot surfacing and drainage facilities shall be inspected and approved by the director of public works or their designee prior to the issuance of a certificate of occupancy. Off-street parking stalls shall comply with public works standards for off-street parking.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The following minimum number of off-street parking spaces shall be provided for the respective uses, subject to the adjustments allowed in subsection 1. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided.

1.

Residential uses:

a.

One parking space may be deducted from the total off-street parking spaces required for a residential development for every twenty-four (24) uninterrupted linear feet of available and usable parallel on-street parking directly adjacent to a lot.

b.

One parking space may be deducted from the total off-street parking spaces required for a residential development for every two diagonal or perpendicular parking spaces directly adjacent to a lot, which are usable for on-street parking and have been striped by the City of Hamilton.

c.

The width of drive accesses, designated nonparking areas, and clear sight triangles may not be considered to be available for the purpose of an on-street parking space.

d.

The number of on-street spaces calculated may not exceed the number of dwellings on the lot.

(Ord. No. 452, Exh. A, 1-20-26)

A.

"Landscaping" means any combination of living plants such as trees, shrubs, vines, ground covers, flowers or lawns; and may include such decorative rock, stone and bark or structural features such as fountains, pools, art work, screens, walls, fences and benches.

B.

Landscaping shall be required on a minimum five percent of any parking area.

C.

A minimum of seventy-five (75) percent of the required area of landscaping shall consist of live plants and the remaining twenty-five (25) percent may consist of rock, stone, bark, structural features or walkways. Trees shall be the major design element in landscaping of parking areas.

D.

Landscaping plans must be submitted for approval with an application to include a plan for irrigation.

E.

Special landscaping requirements for the CBD zoning district are to be found within Section 17.24.130 of this title.

(Ord. No. 452, Exh. A, 1-20-26)

Illumination of a parking area shall be constructed, shielded and used so as not to create glare visible from adjacent properties or public rights-of-way. Lighting conflicting with traffic signals or emergency vehicle lights or otherwise creating safety hazards for pedestrian or vehicular traffic is prohibited.

(Ord. No. 452, Exh. A, 1-20-26)

In the case of mixed-use occupancies in a building or on a lot, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for a particular use shall not be considered as providing required facilities for any other use except as hereinafter specified for joint use, Section 17.24.110. Special parking requirements for the CBD zoning district are to be found within Section 17.24.130 of this title.

(Ord. No. 452, Exh. A, 1-20-26)

A.

The owner(s) of a group of uses or buildings may jointly provide for the collective use of off-street parking and loading spaces, subject to the zoning administrator's approval of the plans therefore. Such plans shall include the identification of the limits of the property involved; the outline of all structures; the identification of all other areas not involved in the off-street parking, loading or access thereto (pedestrian areas, landscaping, refuse storage areas); the actual layout of all off-street parking and loading spaces, as well as access thereto; identification of those spaces to be used collectively if other than all spaces on the property; and an agreement signed by all owners of the subject property binding them to continued collective use of off-street parking and loading spaces.

B.

For shopping centers, the zoning administrator may establish a total parking requirement based upon the mixture of uses contained within the center. If the zoning administrator finds that the uses within the center have substantially dissimilar peak demands for off-street parking, the zoning administrator may establish the center's parking requirements at a level reduced up to twenty-five (25) percent of the normal parking requirement.

C.

Up to fifty (50) percent of the parking areas required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use or vice versa, provided that the reciprocal parking area is located within one city block (approximately three hundred (300) feet).

D.

Up to one hundred (100) percent of the Sunday and/or nighttime parking facilities required by this section for a church or auditorium incidental to a public or parochial school may be supplied by parking area required for the school use, provided that the reciprocal parking area shall be subject to the conditions set forth in this chapter.

E.

It shall be the applicant's responsibility to establish that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of the parking facility is proposed.

F.

Special joint-use parking requirements for the CBD zoning district are to be found within Chapter 17.24.130 of this title.

G.

Parties jointly using off-street parking areas, as provided for herein, shall execute a legal easement regarding their joint use agreement. The agreement shall be subject to review by the zoning administrator and recorded in the Ravalli County clerk and recorder's office. The agreement shall run with the land and not be terminable without authorization being given by the zoning administrator.

(Ord. No. 452, Exh. A, 1-20-26)

When the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the zoning administrator and such determination shall be based upon the requirements for the most comparable use specified in this chapter or other requirements based on the best available information concerning the proposed use.

(Ord. No. 452, Exh. A, 1-20-26)

Due to the uniqueness of this zone and the uses allowed in this chapter, reciprocal parking and off-site parking shall be permitted. Required off-street parking for proposed uses shall be allowed credit for on-street parking spaces to satisfy off-street parking requirements. Credit shall be given for on-street parking spaces located within the public right-of-way that are directly in front of or adjacent to the subject proposed use or lot. When an on-street parking space is shared between two uses or lots, a line perpendicular to the right-of-way at the point separating the uses or lots will be projected to the curb. From this point the distance will be measured along the curb to each parking stripe. The use or lot having the majority of this distance may count the space towards its required parking. Standards not included within this chapter shall be subject to review and approval through the conditional use permit process. The required parking for all uses within this zone shall be those as delineated within this zone and shall be exempt from Section 17.24.070 of this chapter. All other uses other than those described within this text shall be calculated from Section 17.24.070 of this chapter.

A.

Professional and personal offices: One space per five hundred (500) gross square feet of building.

B.

Medical and dental offices: One space per five hundred (500) gross square feet of building.

C.

Banks, credit unions and other financial institutions: One space per one thousand (1,000) gross square feet of building services.

D.

Barber or beauty shops: Two spaces per work station or one space per five hundred (500) gross square feet of building whichever is less.

E.

Libraries, art galleries, museums: One space per one thousand (1,000) gross square feet of building.

F.

Eating establishments, taverns, lounges and casinos: One space per five hundred (500) gross square feet of building.

G.

Furniture or large appliance, retail: One space per two thousand (2,000) gross square feet of building.

H.

Other retail, commercial: One space per five hundred (500) gross square feet of building.

I.

Minimum off-street parking spaces per residential dwelling unit: One space.

J.

All other uses not described within Section 17.24.130 must comply with Section 17.24.070, off-street parking space requirements.

K.

Mixed-use parking shall be the aggregate of all proposed uses. Joint-use parking cannot be applied to residential parking space requirements.

L.

When off-street parking is not available in the same lot for an existing residential dwelling, the landlord must obtain off-street parking.

M.

Parking lots shall not be located on main street frontage, and shall be located behind buildings in the interior of the block to the maximum extent feasible or shall be located behind or to the side of a building when possible.

N.

The zoning administrator may grant a reduction of or an exemption from landscaping requirements when it is determined the amount of land available for parking spaces is limited and the installation of landscaping would decrease the amount of parking spaces.

O.

Off-street parking spaces, parking stripes and parking lots abutting or adjacent to a residential area shall provide landscaped screening and shall comply with landscape requirements listed in Section 17.24.080 of this chapter.

P.

Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless such spaces are provided for collectively by two or more buildings or uses on adjacent lots in a single parking area located within the boundaries of the adjacent lots, and the total number of parking spaces supplied collectively is equal to the number of spaces required.

Q.

Joint use parking. See Section 17.24.110, joint use off-street parking, of this chapter.

R.

Credit for on-street parking. The amount of required off-street parking for each lot shall be reduced by one off-street parking space for every on-street parking space in front of or adjacent (corner lots) to that lot. The zoning administrator shall address the configuration of on-street parking and any allowable credit toward off- street parking requirements during site or design review.

S.

Reduced or waive minimum off-street parking spaces. The applicant may request a variance to reduce or waive the number of parking spaces required. Such variance shall be handled according to Section 17.12.070. As part of the variance process, an applicant may be required to perform and present a parking impact study. Such study shall contain an estimated peak use, reductions due to easy pedestrian accessibility, availability of transit service, and likelihood of car pool use, and adjacent on-street parking.

T.

Maximum parking ratio. Surface parking shall not exceed one hundred ten (110) percent of the minimum parking requirement for the subject land use(s). Exemptions may be approved by the zoning administrator through site or design review for developments that provide parking structures, shared parking, valet parking spaces, market rate parking, or similarly managed parking facilities.

(Ord. No. 452, Exh. A, 1-20-26)

A.

It is the intent of this section to require all future commercial, business, institutional or industrial development to provide off-street loading facilities in order to guarantee full utilization of existing rights-of-way to accommodate present and future traffic demands. Off-street loading facilities are intended to provide adequate space to accommodate outside deliveries from large vehicles which cannot be functionally served by normal parking stalls. Off-street loading facilities must be located in such a manner that service vehicles do not block or intrude into public rights-of-way or block driveways or parking area circulation.

B.

Loading and design:

1.

All off-street loading spaces shall be designed to minimize impacts on adjacent properties.

2.

In all cases, loading facilities shall be located on the same lot as the structure they are designed to serve. Required front or side yards cannot be used for loading. Off-street loading space shall not be included in an area used to satisfy off-street parking requirements.

3.

Loading spaces shall be designed and located so vehicles using these spaces do not project into any public right-of-way or otherwise extend beyond property lines.

4.

Loading spaces shall be designed and built so that no vehicles must back into or from an adjacent public street, except for minor access for heavy trucking in industrial zones on local access streets.

C.

When a proposed structure is intended to be used concurrently for different purposes, final determination of required loading spaces shall be made by the zoning administrator provided the loading requirement for the combined uses shall not be less than the total of the requirement for each separate use.

D.

Off-street loading spaces shall measure fifteen (15) by sixty (60) by fifteen (15) feet high. In the event that only one off-street loading space is required, it may measure twelve (12) by thirty (30) by fourteen (14) feet and six inches high.

E.

The minimum number of off-street loading spaces shall be required according to the following table:

F.

Refer to Section 17.24.130 for specific requirements for the CBD zoning district.

(Ord. No. 452, Exh. A, 1-20-26)