The intent of this chapter is to reduce traffic congestion and the need for parking on public streets and hazards caused thereby, to provide off street parking and off street loading berths adequate for each type of development in terms of both quantity and location, and to promote landscape development in and adjacent to parking areas. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

For purposes of this chapter, certain words and phrases are defined and shall be construed as herein set forth in this section.

FLOOR AREA: The gross floor area of a building except the following:

   (A)   Window display areas.

   (B)   Storage areas.

   (C)   Areas used for incidental repair of equipment used or sold on the premises.

   (D)   Areas occupied by toilets and restrooms.

   (E)   Areas occupied by public utility facilities.

   (F)   Areas occupied by dressing, fitting or alteration rooms incidental to the sale of clothing.

   (G)   Areas occupied by stairways and elevator shafts.

   (H)   Corridors connecting rooms or suites of rooms.

At the election of the owner thereof, "floor area" shall mean eighty five percent (85%) of the gross floor area of the building (without deduction of exceptions (A) through (H) of this definition). Such election shall be made in writing to the building inspector, signed and acknowledged by the owner, and filed with the building inspector prior to the issuance of a building permit for such building.

GROSS FLOOR AREA: Refers to the sum of the gross horizontal areas of the several floors of the building (including floors below as well as above ground) confined within the interior faces of the exterior walls of the building. A party wall between buildings shall be deemed an exterior wall of each of the buildings of which it is a part.

NUMBER OF EMPLOYEES: 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 building inspector.

PARKING LOT: Refers to a structure or an area other than a public street or alley in addition to such ways of ingress and egress, and maneuvering areas designed or used for the temporary parking of motor vehicles serving a use permitted in the district in which such parcel is situated and available for public use whether free, for compensation or as an accommodation for customers or clients.

PARKING SPACE, OFF STREET: An area, other than a public street, alleyway or other public property (and exclusive of off street loading spaces) permanently reserved or set aside for the parking of one automobile or other motor vehicle under one and one-half (11/2) ton capacity as set forth in this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

No building shall be constructed or relocated within the Lewistown political jurisdiction unless there is provided and thereafter maintained for such building and its use a minimum number of off street parking spaces as specified in this chapter. Because it may be difficult to satisfy off street parking in the C-2 district, applicants shall approximate requirements as space permits; compliance shall be determined by the building inspector. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

No building or structure shall be enlarged, altered, converted or changed in use unless there is provided and thereafter maintained for such building and its use a minimum number of parking spaces as required. If the number of parking spaces required for such enlargement, alteration, conversion or change in use is less than fifteen percent (15%) of the parking spaces required for the entire building or facility, no parking spaces will be required. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Where two (2) or more uses are combined in one development, the total parking spaces shall be the sum total of the spaces required for each individual use. Off street parking for one use shall not be considered for joint use except as specified in this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

In the case of a use not specifically mentioned in this chapter, the requirements for the most nearly similar use which is mentioned shall apply. The decision of the building inspector as to what the most nearly similar use is shall apply. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Off street parking spaces existing and actually being used for the parking of motor vehicles in connection with the use of an existing building shall not be reduced in number or size during the entire life of such building or land use below that which would be required for a new building or use of a similar type. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

If the number of off street parking spaces required contains a fraction, such number shall be changed to the nearest whole number. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The building inspector may authorize the joint use of off street parking facilities within four hundred feet (400') of the use to be served for the following uses or activities under the conditions specified:

   (A)   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)   Subsection (A) of this section may be reversed so that parking for nighttime uses may be used for daytime uses.

   (C)   Parking facilities required by this chapter for churches or auditoriums may be supplied by other parking facilities.

   (D)   Where joint use is desired, a letter of intent shall be made to the building inspector. It shall contain proof that there will be no substantial conflict in the principal operating hours of the two (2) buildings or uses for which the use is proposed, that all other conditions within this section are met, and the agreement shall be signed by both landowners. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Off street parking area(s) as required by this title shall be located as specified herein:

      1.   Single-family dwellings: On the same lot with the dwelling they are required to serve.

      2.   Two-family dwellings: On the same lot with the dwelling they are required to serve.

      3.   Hospitals, sanitariums, townhouses, apartments, lodging and boarding houses: Within one hundred feet (100') of the use to be served.

      4.   Commercial and industrial uses: Within four hundred feet (400') of the use to be served.

   (B)   Where a distance is specified, such distance shall be measured by a straight line from the nearest point of the building such parking area is required to serve.

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

   (D)   Required parking space shall be located so as to preclude backing maneuvers onto any public right of way with the exception of single- and two-family dwellings, as defined, in this title. Required parking spaces shall not be located in any required front or side yard, except for single- and two-family dwellings and manufactured homes. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Any off street parking lot built to serve any commercial or industrial use with more than five (5) vehicles which adjoins or faces properties situated in any residential district shall be screened by a wall or solid fence not less than six feet (6') nor more than eight feet (8') in height or by trees/coniferous hedges.

   (B)   If trees are selected as screening, the design shall include at least one tree per fifteen (15) lineal feet of public or private frontage, not necessarily planted on fifteen foot (15') centers, except in areas that require high visibility as indicated in subsections (C) and (D) of this section.

   (C)   Notwithstanding other provisions of this title in any district, fences, walls, hedges or other plantings may be permitted in any required yard; provided, that nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision beyond a height of three feet (3') above centerline grades of the intersecting streets in the area bounded by street lines of such corner lots and a line joining points along said street lines forty feet (40') from property lines at their intersection, thus forming a sight triangle at the intersection (figure 1). Public use controls and lights shall be allowed in this area. See figure 1 of this section.

   (D)   Notwithstanding other provisions of this title in any district, fences, walls, hedges or other plantings may be permitted in any required yard; provided, that nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision beyond a height of three feet (3') above centerline grades of streets in the area of curb cuts bounded by street lines of driveway accesses and a line joining points along said street lines fifteen feet (15') from curb cuts intersecting with the street, thus forming a sight triangle at the intersection of the street and the driveway (figure 2). See figure 2 of this section.

   (E)   Service, storage and refuse areas or structures shall be screened from view of any residential district or residential public street with a continuous planting, hedge, solid fence or masonry wall. Average height of the screening material shall be one foot (1') more than the height of the enclosed structure, but shall not be required to exceed eight feet (8') in height.

(Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   For the purpose of this section, "landscaping" means any combination of living plants, such as trees, shrubs, vines, ground cover, flowers or lawns and may include natural features such as stone, bark and structural features, including, but not limited to, fountains, reflecting pools, artworks, screen walls, fences and benches.

   (B)   It is recommended that parking areas be landscaped accordingly:

      1.   A minimum of seventy five percent (75%) of the landscaped parking area shall have live vegetative cover. The remaining twenty five percent (25%) may be covered with stone, bark, etc., and other impermeable features including sidewalks and driveways.

      2.   Trees may be the major design element in all parking lots and should include one tree per five (5) parking spaces. Tree sizes should be a minimum of six feet (6') in height. Plantings should be maintained in a continuous healthy growth.

      3.   All landscape/screening plans shall be approved by the building inspector prior to the issuance of a building permit. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   The minimum width of two-way aisles shall be total of twenty six feet (26'). Off street parking spaces parallel with a wall, fence or curb shall be a minimum of twenty two feet (22') in length.

   (B)   The minimum widths of parking spaces widths of one-way aisles to service the same, and the minimum distances between the aisles and the opposite ends of the parking spaces which are needed for the angle at which the parking spaces are set against the wall, curb or fence shall be as set forth in table A of this section. The figures under columns A, B, C and D in table A may be interpolated.

(Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Off street loading berths shall be provided on the same lot as the use it serves and shall not occupy the front yard.

   (B)   No loading berths shall be located closer than fifty feet (50') to a residentially zoned property, except when the berth area is enclosed or screened by a six foot (6') minimum and eight foot (8') maximum high wall or solid fence and will meet the setbacks of the adjacent residentially zoned property.

   (C)   Each loading berth shall be designed with access to a public street or alley and designed so as not to interfere with normal traffic movements.

   (D)   Each berth shall be at least twelve feet by thirty five feet (12' x 35') in size with a height clearance of eighteen feet (18').

   (E)   Loading berths shall not be considered as off street parking spaces.

   (F)   All or part of the required loading berths may be within buildings. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Uses Involving Ten Parking Spaces Or Less: One copy of the site plan for the proposed off street parking area shall be submitted to the building inspector in conjunction with the building permit application for the building which the parking will serve.

   (B)   Uses Involving More Than Ten Parking Spaces: Two (2) copies of the site plan of the proposed off street parking facility shall be submitted to the building inspector in conjunction with a building permit application. The building inspector shall forward one copy to the Lewistown zoning commission and shall retain one copy for his files.

   (C)   Plan Requirements: The plan shall clearly indicate the parking area including, but not limited to, number of spaces, traffic control structures, curb cuts, aisles, lighting, landscaping, fencing and storm water control. Additional information may be required by either the public works department or the Lewistown zoning commission.

   (D)   Submittal Requirements: The site plan shall be drawn at a minimum scale of one inch equals twenty feet (1" = 20'), fully dimensioned, and where applicable shall include the following information:

      1.   General Information: Title block, scale, north arrow, date, names of owner, applicant and person preparing plan, in addition to phone numbers and addresses of each.

      2.   Parcel Dimensions: All existing lot lines are recorded in the Fergus County clerk and recorder's office.

      3.   Structures: Location, dimension (size and height) and use of existing and proposed buildings, fences and walls. Show open stairways and other projections from exterior building walls.

      4.   Yards: Distances between exterior walls of structures and property lines. Clearly delineate storage, refuse and service areas.

      5.   Elevations: Front and side of buildings, fences and walls with height dimensions.

      6.   Landscaping: Landscaping plans shall be drawn at a scale of one inch equals twenty feet (1" = 20') and should show:

         (a)   Percent of site to be landscaped.

         (b)   Plan legend showing total number of plants and trees (by common names) and estimated sizes at time of installation and at maturity.

         (c)   Location of individual plants and trees showing approximate distance from roadways and buildings.

         (d)   Description and location of additional ground cover.

         (e)   Description and location of any proposed ornamental landscaping elements (colored and crushed rock, wagon wheels, fences, etc.).

         (f)   Description, location and dimensions of landscaping protective devices.

      7.   Irrigation/Watering System: Location, description and type of irrigation/ watering system to be provided, if applicable.

      8.   Grades: Existing and proposed.

      9.   Streets: Existing and proposed (street dedications) and improvements (sidewalks, curbs, gutters, driveways and street landscaping).

      10.   Drainage Facilities: Location of existing and/or proposed facilities which are to be used for drainage control.

      11.   Utilities: Location and dimensions of all existing and proposed utility easements.

      12.   Traffic Circulation: Completely dimensioned parking layout (angle of parking, dimensions of internal driveway approaches from streets, aisles, number of parking stalls and loading spaces, pedestrianways, vehicle ingress and egress to buildings) and lighting facilities. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Surfacing:

      1.   Every off street parking, loading and driveway area shall be paved with asphalt or Portland cement concrete or graveled, except for single-family development on individual lots.

      2.   Surfacing shall be designed by accepted engineering methods subject to the approval of the city engineer.

   (B)   Wheel Stops: Wheel stops shall be installed at least thirty inches (30") from all adjacent sidewalks, fences, landscaped areas and walls. Such stops shall be either a concrete piece at least sixty inches (60") long and five inches (5") high and affixed securely to the parking surface or a continuous concrete curb. This requirement may be modified provided other design features will be equally effective in prohibiting a vehicle from obstructing a sidewalk or make contact with a wall, fence or landscaped area and which will promote safe pedestrian access. All landscaped areas shall be protected from vehicular traffic with the installation of wheel stops adjacent to and around the perimeter of the landscaped area. See figures 3 and 4 of this section.

   (C)   Drainage: All off street parking and loading areas shall be graded and drained so as to adequately dispose of all surface water generated by the impervious surface. Surface water shall not be drained across public sidewalks or alleys. Drainage plans for uses requiring more than ten (10) parking spaces shall be submitted and approved by the building inspector prior to the issuance of a building permit.

   (D)   Walkways: Walkways a minimum of three feet (3') wide shall be provided between any building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet (2') of sidewalk width is required.

   (E)   Lighting: 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 (150') of any property zoned residential by this title and where the parking area is directly visible by the residents within one hundred fifty feet (150'), illuminating devices shall be shaded in a manner that would direct light away from the residential property.

   (F)   Traffic Control Devices: Parking spaces shall be designated by pavement markings. All traffic control devices such as pavement markings, signs, rails, curbs and other similar development proposals shall be installed and completed as shown on the approved parking plan.

   (G)   Accesses: The accesses to parking lots will be governed by the city curb cut policy.

   (H)   Maintenance: Standards and conditions of sections 11-8-10 through 11-8-15 of this chapter, this section, and section 11-8-17 of this chapter shall be maintained; all surfacing and lighting shall be kept in good condition, landscaping shall be kept free of weeds and properly watered and in a continuous healthy growth, and walls and screening shall be kept in good condition, free of broken or missing parts or graffiti.

   (I)   Improvements Schedule: When parking area improvements will not be completed before occupancy of the building, a performance bond or an irrevocable letter of credit will be accepted for the completion of the required improvements. The performance bond or letter of credit shall be equal to the cost of the parking area improvements. A cost estimate for improvements not installed at the time of occupancy shall be presented to the building inspector for approval. Performance bonds or letters of credit will not be released until all required improvements shown on the approved plan are installed and accepted. Foreclosure proceedings shall be brought against the performance bond or irrevocable letter of credit if the required improvements have not been completed within twelve (12) months of the posting of the bond or letter of credit.

   (J)   Snow Removal Areas: Snow storage areas shall be provided sufficient to store snow accumulation on site whenever arrangements have not been made to haul it off site. Said areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights of way, and shall not be placed in such a manner as to damage landscaping. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Table B of this section indicates the number of off street parking spaces required in all districts for the uses listed. Provision for handicapped off street parking spaces shall be made at the discretion of the building inspector.

   TABLE B MINIMUM STANDARDS FOR OFF STREET PARKING

 

(Ord. 1576, 5-1-1989, eff. 6-15-1989)