§ 17.40.600. Cash in lieu of parking.  


Latest version.
  • 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)