E10. Ord. 1824 - Zoning Ordinance UpdatePLANNING FOR THE FUTURE
MONTANA.
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin,a
SUBJECT: KZTA-19-01 — General Zoning Ordinance Update — Second Reading
MEETING DATE: March 18, 2019
BACKGROUND: As part of our continuing effort to maintain an up-to-date and effective zoning
code, we have identified a handful of potential zoning amendments. A summary of the proposed
amendments is below:
• Increasing the maximum building height in the RA-1 and RA-2 residential apartment zones
from 40 to 45 feet.
• Adding aircraft hangers as a permitted use in the I-1 Light Industrial zone.
• Adjusting the allowable density within residential PUDs to better reflect actual potential
densities after applying typical development standards.
• Adding entrance corridor development standards along the principle arterials entering and
exiting the city.
• Adding specified terms for Architectural Review Committee members and eliminating the
requirement for architectural review of wall signs.
• Treating signage within faux windows as wall signage.
• Allowing expansions of non -conforming structures up to 50% of the length and/or height of
the existing non -conforming condition.
• Clarifying the required setback for residential driveways.
• Adjusting how parking for apartments is calculated and provided within certain downtown
areas.
• Adding an exception for low wattage ornamental lighting.
• Adding a provision which would apply requirements for specific conditional uses to any
situation where the use occurs.
• Clarifying the definition of rear property lines after boundary line adjustments along alleys.
The Kalispell Planning Board held a duly noticed public hearing February 12, 2019, to consider the
application request. Staff presented staff report KZTA-19-01 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and
recommend to the Kalispell City Council that the proposed amendments be approved.
There was no public testimony and the public hearing was closed. A motion was presented to adopt
staff report KZTA-19-01 as findings of fact and recommend to the Kalispell City Council that the
amendments be approved. The motion passed unanimously upon roll call vote. The Council held a
work session to discuss the amendments on February 25. The Council then passed the first reading of
Ordinance 1824 unanimously during their March 4, 2019 meeting.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of ordinance 1824 as presented.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: City Council could direct staff to modify the proposal by amending or
eliminating a given portion of the overall amendment.
ATTACHMENTS: Ordinance 1824
Staff Report KZTA- 19-01
Proposed Text of Updates
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1824
AN ORDINANCE AMENDING THE CITY OF KALISPELL ZONING REGULATIONS
CODIFIED AT CHAPTER 27 OF THE KALISPELL MUNICIPAL CODE, DECLARING
AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE
SAME.
WHEREAS, the City of Kalispell submitted a written request to update the Zoning Regulations for
the purpose of updating and revising the current Zoning Regulations; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by
the Kalispell Planning Department, took public comment and evaluated the request
pursuant to the guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the
Kalispell Zoning Ordinance be amended as set forth in Exhibit "A" attached hereto
and fully incorporated herein by this reference; and
WHEREAS, the City Council has fully considered the public comment received, both written and
oral, reviewed and considered the Kalispell Planning Department Report as amended
by the Kalispell City Planning Board and Zoning Commission and the transmittal
from the Kalispell City Planning Board and Zoning Commission and hereby adopts
the findings made in Report 9 KZTA-19-01, as amended, as the Findings of Fact to
be applied to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as set forth fully on Exhibit "A" attached hereto and
fully incorporated herein by this reference.
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF MARCH, 2019.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT A
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.040: Property Development Standards.
(4) Maximum Building Height (ft): 40-45
CHAPTER 27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.10.040: Property Development Standards.
(4) Maximum Building Height (ft): 40-45
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.020: Permitted Uses.
(2) Aircraft hangers
CHAPTER 27.19
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sections:
27.19.030: Standards for Planned Unit Development District (PUD).
(2) Establishment of PUD Districts.
(a) Residential PUD District.
4. Residential dwelling unit density: Within a proposed
residential PUD district residential densities are set forth
below:
Table 1
PUD Density Allocation
Underlying Residential
District
Max 9 Dwelling
Units/Developable
Acre
R-1 District
3 4- dwelling unit
R-2 District
4 -3 dwelling units
R-3 District
6 4 dwelling units
R-4 District
10 dwelling units
R-5 District
10 dwelling units
RA-1 District
20 4-0-dwelling units
RA-2 District
40 -29 dwelling units
H-1 District
20 dwelling units
a. Table 1 provides for the maximum 9 of dwelling units
per developable acre. Developable acres are based on
land in developable area and exclude undevelopable
land as defined in 27.19.030(1)(a) above;
b. PUD's are not entitled automatically to the maximum
density allowed in Table I above. Density shall be
established based upon:
I_ An analysis of the environmental factors
affecting the land;
H. Compatibility with surrounding land uses and
impact on adjacent neighborhood;
III. Availability of public infrastructure and
services; and
IV. Consistency with the Kalispell Growth Policy.
C. Residential density bonuses: The maximum PUD
residential density provided for in Table 1 may be
increased in the following situations:
I. Up to a 20% increase in residential units for
projects which exceed the minimum park and
open space requirements as follows:
i. A 5% increase in density for each 10%
increase over and above the minimum
required developed park lands.
ii. A 5% increase in density for each 10%
increase of open space over and above
the minimum park land requirement.
iii. Up to a 20% bonus density (at a rate of
two additional housing units for each
affordable unit created) for projects
which advance long term work force
housing opportunities (rental or owner
occupied housing available to people
earning up to 80% of median income).
For lots/units to be eligible they must
be associated with such organizations
as Habitat For Humanity, a local
housing authority, a single or multi -
county housing assistance organization
or an incorporated land trust.
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
Sections:
27.20.029 Entrance Corridor Standards
27.20.029 Entrance Corridor Standards. The purpose of this section is to implement
development standards applicable to gateway entrances to the community. The
entrances to the City of Kalispell are an important gateway to the communi . , and as
such should be developed in such a way that they create an inviting and positive first
impression of the community. The standards contained herein are intended to protect
the health, safety and welfare of the traveling public by preventing or reducing traffic
congestion and distracting visual clutter associated with developments along major
thoroughfares into and out of the city. The standards achieve the stated purpose by
addressing the following physical characteristics of development: setbacks,
landscapingpedestrian access, bike access, architectural design, outdoor storage and
access control.
(1) Definitions. As used in this section, the following definitions apply:
(a) Buffer area: An area of land, including landscaping and earth
berms of a particular property adjoining a designated principal arterial
right-of-way.
(b) Monument sign: A two-sided freestanding sign attached to a
permanent foundation or decorative base constructed of permanent
material, such as concrete block or brick and not attached or dependent
on support from any building, pole, posts or similar uprights.
(2) Gateway Entrance. Gateway entrances are established along_ principal
arterials entering and exiting Kalispell. Principal arterials are at the highest level
of the transportation hierarchy and provide the higbest capacity for vehicular
traffic volumes. Principal arterials provide for major traffic movements through
the city at the highest efficiency_ possible, with rit-of-way typically_yielded by
roadways of lower hierarchy. Principal arterials promote connectivity to other
arterials, serve the longest trips, and carry the major portion of trips entering and
leaving the overall area. Principal arterials provide the highest level of access
control, making access to abutting land subordinate to the provision for vehicular
travel. Speeds can vary between 25 and 65 miles per hour and traffic volumes
carry between 10,000 and 35,000 vehicles per day_
(3) Buffer Setbacks Established. The buffer requirement for each gateway
entrance corresponds with the posted speed limit on that section of the principal
arterial and the typical adjacent building pattern. Thus, properties adjacent
principal arterials with a posted speed limit of 65 miles per hour have larger
buffers than those properties adjacent principle arterial with speed limits of 25
miles per hour. Other considerations include the existing built environment along
the principal arterial, which makes the feasibility of large buffer requirements
infeasible in some situations. Roadway corridors to be identified as ag teway
entrances to Kalispell and the required buffer area for each are as follows:
• U.S. 93 North between Reserve Drive and annexation boundary — 100
foot buffer
• U.S. 93 North between Four Mile Drive and Reserve Drive — 20 foot
buffer
• U.S. 93 South between 13t' Street and bypass — 20 foot buffer
• U.S. 93 South between the bypass and annexation boundary — 40 foot
buffer
• U.S. 2 East between Woodland Drive and annexation boundary — 20 foot
buffer
• U.S. 2 West between bypass and annexation boundary — 40 foot buffer
If any portion of a property is abutting an above -mentioned principal arterial
roadway, the entire prope . 's right-of-way frontage is subject to this chapter.
Specific exemptions are listed for development in place at the time of adoption of
these regulations.
(4) Buffer Area.
(a) The buffer area shall include the length of the property boundary
adjacent to the applicable right-of-way with the minimum depth.
(b) The buffer area shall not encompass more than 10% of the gross area
of anyparcelas platted at the time of adoption of these regulations.
(c) The following shall be permitted within the buffer area:
1) Landscapes
2) Storm water management facilities, which are aesthetically
integrated into the landscape plan. Fencing of storm water
facilities is prohibited.
3) Access points
4) Frontase roads intended to limit the number of access
approaches onto the highway_
5) Underground utilities
6) Pedestrian and bike trails (amenities such as bike
benches, and pedestrian lighting)
7) Monument Signs in accordance with Chapter 27.22 of the
Kalispell Zoning Ordinance.
8) Flagpoles
(d) Where there is existingdevelopment in place at the time of adoption
of these regulations, the following buffer area exceptions are
permitted:
1) Where a lot is previously developed and a principal building
encroaches into the required buffer, the existing setback of the
principal building will be used as the building line for additions to
the principal structure.
2) Where strict adherence to these regulations results in the loss of
required parking spaces and/or required driving aisles, the buffer
area can be reduced in an effort to maintain the required parking
spaces and/or driving aisle when it has been shown that
alternative site design is not feasible. Where feasible, the site
design shall maintain as much of the required buffer as possible.
3) In the event that an existing ri t-of-wav is widened, and such
widening necessitates the removal or relocation of any building or
use and the owner wishes to rebuild on the same tract:
i) The owner may abide by the previously existin
setback distance (the distance between the building
prior to right -of way acquisition and the previous
right-of-wa, line) ine) as the minimum setback for the new
building if reconstruction is started within 180 dam
If this timeframe is not met, any new structure on the
tract of land shall conform with all sections of this
code.
(5) Landscaping and Pedestrian Connectivity.
(a) A landscape and irrigation plan shall be submitted for the adjacent
right-of-way and buffer area. The Parks and Recreation Director shall
approve the irrigation and landscape plan for the right-of-way and
buffer area prior to development. Landscape designs shall include
primarily live landscaping including undulating topography and have
a mix of tree plantings with a ground cover of predominately sod. The
choice of species and type of trees shall achieve uni . of design by
repetition of plant varieties and other materials and by correlating
with adjacent developments and with the streetscape plantin sg where
provided.
(b) The use of any form of bark, mulch, rock, etc. shall not be used as a
primary method of landscaping. These materials may be used to
augment live landscape features upon approval by the Parks and
Recreation Director. If rock is to be used it must be 1 inch or less
fractured.
(c) When an existing developed landscape buffer is reduced or
eliminated due to public acquisition of road right-of-way, that portion
of the landscape buffer acquired is not required to be replaced or
reestablished.
(d) For lots with existing development, landscaping within the required
buffer area shall be required when there is a change of use, or when
there are property improvements equal to or greater than 20% of the
replacement value of the building at time of building permit. The
replacement value shall be determined by a detailed cost estimate,
including site improvements, submitted by the property owner and
further verified by the building official. Where improvements to a
property are completed in phases, the value of the improvements shall
be determined cumulatively at time of each building permit. At such
time, the cumulative improvements to the grope]:!, are equal to or
greater than 20% of the replacement value of the building at time of
building permit, the buffer is required.
(e) Property owners shall keep the landscaping within the buffer area in a
healthy and attractive manner. Dead or dying landscaping shall be
replaced with like or similar type of landscaping. Any deviation from
the approved landscape plan shall be approved by the Parks and
Recreation Director prior to installation.
(f) A minimum 8-foot wide concrete sidewalk shall be constructed along
the entire principal arterial frontage, where no sidewalk exists
meeting this standard. The sidewalk shall be integrally designed into
the landscape plan required between the curb line of the principal
arterial and the required buffer.
(g) A minimum 5-foot walk sidewalk shall be installed between the
entrance of the building and the sidewalk located within the buffer.
(6) Access.
(a) Where access can be achieved via an adjacent or internal street or
easement, the lot shall take its access from that location instead of direct
access onto the hi hwa.
(b) Where no adjacent street network is available, site design of
individual lots shall provide for shared access with neighboring
parcels.
(7) Outdoor Storage.
(a) Outside storage of used motorized parts and/or partially or completel
dismantled motorized vehicles and/or marine vessels and shipping
containers shall be enclosed by a view -obscuring fence adequate to
screen them from the principal arterial and any adjacent city
residentially zoned land.
(b) The view -obscuring fence shall be reviewed by the Architectural
Review Committee prior to installation.
CHAPTER 27.21
ARCHITECTURAL REVIEW
Sections:
27.21.020: Architectural Review Committee.
(2) The members shall serve four year terms at the pleas ffe of the may -of. The
specific terms shall be initially established so that up to two four-year are made each year until all positions have been appointed. The
mayor, with approval of the council, may remove any member of the ARC
after hearing, for misconduct or non-performance of duty. Any vacancies of
the ARC shall be appointees of the mayor with the approval of the council.
27.21.030: Jurisdiction and Powers of the ARC.
(1) Except for single family and duplex dwellings, no building permit shall be
issued for a new building or major remodeling of an existing building, and no
sign permit shall be issued for the construction or alteration of a sign, until
the plans, drawings, sketches and other documents required under Section
27.21.050 have been reviewed and approved by the ARC in conformity with
the criteria specified in Section 27.21.040. Wall signs
sips lessfeet in area are exempt from ARC review. For
purposes of this ordinance, the term "major remodeling" shall mean any
remodeling that substantially changes the exterior appearance of the building.
CHAPTER 27.22
SIGN REGULATIONS
Sections:
27.22.050: Signs Not Requiring Permits. The following types of signs are exempted from
permit requirements, but must be in conformance with all other requirements of this
ordinance:
(5) Interior Window Signs. Any incidental signage erected inside of or painted
on a window or otherwise located within a building except strobe lights,
blinking lights or other such similar devices that are intended to draw
attention to a use from passing vehicular traffic. An electronic reader board
within a window shall be considered a wall sign and is subject to review as a
sign requiring a permit. Signs in faux windows that are not intended to serve
typical window functions related to light and air shall not be considered
interior window signs and are subject to regulations pertaining to wall signs.
CHAPTER 27.23
NONCONFORNIING LOTS, USES AND STRUCTURES
Sections:
27.23.020: Nonconforming Structures. If a structure was lawfully constructed (conforming to
zoning regulations then in effect) prior to the effective date of adoption or
amendment of this code and does not conform with the current standards of this code,
the structure may remain as long as it remains otherwise lawful and subject to other
conditions set forth herein.
(2) Changes to Nonconforming Structures. A structure conforming with respect
to use but nonconforming with respect to other standards may be enlarged or
altered provided that the enlargement or alteration does not further deviate
from these regulations. For example, an extension, whether horizontal along a
property line or vertical with additional height, of a structure within a setback
area creates a further deviation beyond the existing nonconformity.
Enlargements or alterations of nonconforming structures up to 50% of the
length and/or height of the existing nonconformity may be allowed subject to
an administrative conditional use permit.
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.030: Design.
(3) Plans.
(c) For driveways and driving aisles where parking spaces do not back
into the driving lane, the minimum dimensions are as follows:
1. Single-family and duplex: 10 feet wide and shall not be located
within a side setback area
2. Multi -family: 10 feet per lane (10 feet for one-way aisles and
20 feet for two-way aisles)
3. Other uses: 12 feet per lane (12 feet for one-way aisles and
24 feet for two-way aisles)
(6) Parking Districts: See (Figure 10) for parking district maps.
(a) Parking District No. 1. (Figure 10)
CHAPTER 27.26
OUTDOOR LIGHTING STANDARDS
Sections:
27.26.030: General Standards:
(8) Exposed bulbs used for ornamental purposes that do not exceed the
equivalent of fifteen (15) watts incandescent are exempted from shielding
requirements.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.005: Applicability to Permitted Uses
27.34.010 Animal Hospitals, Pounds, Kennels, Animal Shelter, and Veterinary Clinics
27.34.020
Bed and Breakfast
27.34.040
Casinos
27.34.050
Day Care Centers —13 or more individuals
27.34.060
Dwellings, Multi -family
27.34.070
Electrical Distribution Stations
27.34.080
Extractive Industries
27.34.090
Mini -Storage, Recreation Vehicle Storage
27.34.100 Sexually Oriented Business
27.34.110 Transmission Towers and Cellular Communication Towers, Equipment and
Facilities
27.34.005: Applicability to Permitted Uses. Whenever any use listed in this chapter is
provided for as a permitted use in a zoning district or within any Planned Unit
Development, the specific requirements for the use listed in this chapter shall apply
even if a conditional use permit is not required.
Sections:
27.37.010: Definitions.
CHAPTER 27.37
DEFINITIONS
Figure 17: Lot Types and Setbacks
LOT TYPES AND SETBACKS
When property lines along a street
are equal, the front is based on the
prevailing custom on the block.
STREET `
howl I hwd
I
CORNER $ INTERIOR $ $ I
I
rear N CORNER
>dd--- —�
INTERIOR I I 'ROUGH
Lu aide i FLAG i M `
Co rmr I I re m I}I
CORNER rear
g INTERIOR gl
I
hoot front hor,
STREET
When side property lines meet al a paint, the rear property line J
Is an assumed line t0' long, lying within the lot, which Is parallel
to a Tina tangent to the frara property line at it's midpoinL
(Setback Is measured from assumed rear property line.)
r less than 200' deep
S�
�N r less than 200' deep
/
CORNERS
`y `-'-
THROUGH
CUL-0E-SAC
CORNER
INTERIOR
front
\�/\
INTERIOR
r�.
'6
rear
(109) Lot, Length. The length (or depth) of a lot shall be:
(a-1) If the front and rear lines are parallel, the shortest distance between
the lines.
(b-2) If the front and rear lines are not parallel, the shortest distance
between the midway point of the front lot line and midpoint of the
real lot line.
(c3) If the lot is triangular, the shortest distance between the front lot line
and a line parallel to the front lot line, not less than ten feet long lying
along the rear of the lot but still wholly within the lot.
(110) Lot Line. (See Figure 17 above)
(41) Lot, Front — The front property line of a lot shall be determined as
follows:
I t- k Corner Lot — The front property line of a corner lot shall be
the shorter of the two lines adjacent to the streets as platted,
subdivided or laid out. Where the lines are equal, the front
line shall be that line which is obviously the front by reason of
the prevailing custom of the other buildings on the block. If
such front is not evident, then either may be considered the
front of the lot, but not both.
2.(b) Interior Lot— The front property line of an interior lot shall be
the line bounding the street frontage.
3.(e) Through Lot — The front property line of a through lot shall be
that line which is obviously the front by reason of the
prevailing custom of the other buildings in the block. Where
such front property line is not obviously evident, the Zoning
Administrator shall determine the front property line. Such a
lot over 200 feet deep shall be considered, for the purpose of
this definition, as two lots each with its own frontage.
(2d) Lot, Rear — The rear property line is that lot line
opposite to of the front property line. Where the side property lines of
a lot meet in a point, the rear property line shall be assumed to be a
line not less than ten feet long, lying within the lot and parallel to the
front property line. In the event that the front property line is a curved
line then the rear property line shall be assumed to be a line not less
than ten feet long, lying within the lot and parallel to a line tangent to
the front property line at its midpoint. Where a corner lot has been
altered through subdivision or boundary line adjustment resulting in a
lot with frontage on the street and a property line along an alley, the
rear property line shall be deemed to be that property line which
would have been the rear prope . line prior to the alteration.
Qe) Lot, Side — The side property lines of a lot are those lot lines
connecting the front and the rear property lines of a lot.
(44) Lot, Side Corner — On a corner lot, it is the remaining street frontage
after the front lot line has been determined.
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
CG
CG
M
7
a
k9
a
ri
N
x
4
N
4
M
4
le
4
kn
4
ry
N
�
17
a;
Aircraft hangers
P
P
p
APPENDIX C
PROPERTY DEVELOPMENT STANDARDS FOR ALL USES
R-1
R-2
R-3
R-4
R-5
RA-1
RA-2
H-1
B-1
B-2
B-3
B-4
B-5
I-1
I-2
P-1
MAXIM
35
35
35
35
35
4445
44445
60;
60;
60;
60;
60;
60;
60;
60;
60;
M
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
BUILDING
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
HEIGHT
ft
CITY OF KALISPELL — ZONING REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-19-01
FEBRUARY 12, 2019
This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for a text amendment to the Kalispell Zoning Ordinance to update and revise various
sections of the zoning ordinance. The amendments were discussed at a work session held by the
Planning Board on January 8, 2019. A public hearing has been scheduled before the Planning
Board for February 12, 2019, beginning at 6:00 PM in the Kalispell City Council Chambers.
The Planning Board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
As part of a continuing effort to make the zoning ordinance up-to-date and current, staff has
compiled a short list of amendments to the ordinance. They are now being brought forward for
a public hearing and formal review. The full text of each amendment is attached to this report.
A. Petitioner: City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7940
B. Area Effected by the Proposed Changes: Any property within the jurisdictional
boundaries of the City of Kalispell may be affected by the proposed changes.
C. Proposed Amendments:
(1) Increasing the maximum building height in the RA-1 and RA-2 residential
apartment zones from 40 to 45 feet. The RA-1 and RA-2 zones both are residential
zones which include apartments as a conditionally permitted use. The current maximum
height of 40 feet has created a situation where proposed apartment developments would
face building constraints that would lead to flatter roofs and more industrial -style, rather
than residential -style, appearances. The ability to build an extra 5 feet in height would
allow pitched roofs that would better fit within the surrounding neighborhoods.
(2) Adding aircraft hangers as a permitted use in the I-1 Light Industrial zone. Most of
the property adjacent to the west side of the city airport and some property to the east is
zoned I-1. The current version of the zoning ordinance did not include hangers as an
allowed use, likely due to prior development plans at the airport that would generally
have kept hangers on publicly owned airport property only. Those plans have changed in
recent years, and the ability to have a hanger on adjoining industrial zoned property
makes sense under current airport management plans.
Page 1 of 11
(3) Adjusting the allowable density within residential PUDs to better reflect actual
potential densities after applying typical development standards. After applying the
density allowed under the Planned Unit Development regulations in conjunction with
typical development standards in several proposed developments, it became apparent that
the density table in the ordinance needed to be adjusted. Increasing the allowed density to
be more in -line with what can reasonably be provided is a fairer situation for proposals as
they go through the process. As it stands now, there is a somewhat artificial limitation on
the number of lots or units that is created solely by the density table.
(4) Adding entrance corridor development standards along the principle arterials
entering and exiting the city. This proposal would add a section addressing landscape
buffering, setbacks, and access along highway entrance corridors. The corridors would
include Highway 93 north of Four Mile Drive, Highway 93 south of 13th Street, Highway
2 east of Woodland Drive (only applies to annexed properties), and Highway 2 west of
the bypass. The width of each buffer depends upon the highway speed, as well as other
factors. Most buffers would be 20 to 40 feet, although the area of Highway 93 north of
Reserve Drive would have a buffer of 100 feet. There are reductions available based on
lot size and existing development on the parcel.
Within the buffer area, development would be limited to such things as landscaping,
storm water facilities that are integrated into the landscaping, frontage roads, bike paths,
and monument signs. Shared accesses to the properties would be required when
available, and site designs would need to allow for interconnectivity.
(5) Adding specified terms for Architectural Review Committee members and
eliminating the requirement for architectural review of wall signs. Currently,
members of ARC serve for unspecified terms. This amendment would specify four year
terms for members. As with other boards, there would be the possibility of being re-
appointed to the board. The amendment would also adjust the types of signs subject to
architectural review. Currently, wall signs greater than 50 square feet go through the
process. Generally speaking, there is very limited comment on wall signs compared to
freestanding signs and other types of signs when under review. Exempting all wall signs
would allow the time frame for review to be reduced from 1-2 weeks to a couple days.
(6) Treating signage within faux windows as wall signage. Except for flashing lights and
electronic reader boards, signs within windows are not counted as sign area. These signs
include decal lettering on doors/windows, routine sales signs, and window displays.
There are some instances, however, where large, false windows have been filled with
signage, even taking up a significant portion of the wall. Some of these windows have
been constructed specifically to use as signage. This amendment would still allow that
type of signage, but would recognize that the signs actually function as wall signs and
would need to meet the same rules as other types of wall signs.
(7) Allowing expansions of non -conforming structures up to 50% of the length and/or
height of the existing non -conforming condition. Under current rules, additions to
nonconforming structures (i.e. building located within setbacks) are allowed, but the new
Page 2 of 11
work must meet current setbacks. In many situations, particularly in the older part of
town where it is not uncommon for buildings to be near or on property lines, this
provision significantly limits the ability for people with older homes or garages to add to
the building. For example, one recent individual has a house on a small lot with an
attached garage. Due to the age of the building, the garage is a bit smaller than most
contemporary garages. He wants to have about an eight foot extension of the garage
along the alley, but that would be within the current setbacks. This provision would
allow that type of expansion provided that he obtain an administrative conditional use
permit, which would include a public notice to neighbors within 150 feet.
(8) Clarifying the required setback for residential driveways. Parking rules specify that
parking spaces in residential areas be located outside of the side setback, which is
typically five feet, but is up to ten feet in some situations. There is some language in the
current ordinance, pertaining primarily to commercial settings, that calls for a two foot
setback for a driveway. Arguably, there is not currently a clearly specified setback for
residential driveways. Thus, if the presumably commercial driveway standard of two feet
is applied to a residence, the code would technically not allow the owner to park in the
driveway since it would be in the setback. In practice, that is counter -intuitive to say the
least. This proposal would more clearly align the parking and driveway setbacks.
(9) Adjusting how parking for apartments is calculated and provided within certain
downtown areas. As the ordinance has evolved, apartments at one point required 2.5
spaces per unit, with the 0.5 being allowed as overflow on the street if adjacent on -street
parking was available. That was reduced to 2.0 on -site with no overflow required. At
another time, a special parking district was created that was designed to reduce the need
in established residential areas to purchase and demolish existing homes for parking in
order to meet code minimums. When that district was created, the requirement was set as
2.0 per unit with 1.0 potentially being on the street. Subsequently, the general
requirement for apartments was dropped to 1.5.
The upshot of all of that is that, in a district that is intended to reduce the need for
parking, the requirement is actually increased, and then allows a potential reduction with
on -street parking that is generally not allowed for other uses. This provision would
simply make the requirement 1.5 per unit like elsewhere in the city.
(10) Adding an exception for low wattage ornamental lighting. Current standards
require that all exterior lights be shielded. In some situations, restaurants or other night-
time uses would like to have low wattage, decorative string lights around outside seating
areas, for example. It is somewhat common for ordinances to include a low wattage
ornamental exception, as is proposed here. The low wattage lights have minimal glare
and light trespass, which is the main reason for the shielding requirement, so providing
this type of exception would not have any significant negative impacts.
(11) Adding a provision which would apply requirements for specific conditional
uses to any situation where the use occurs. The ordinance contains a chapter that lists
specific conditions that should always be met for uses such as kennels, casinos,
Page 3 of 11
apartments, mini -storage, cell towers and several others. Under general zoning, these
uses typically require a conditional use permit. However, in planned unit developments,
conditional uses are not required. Also, in some circumstances, uses such as day care
centers and apartments have been listed as permitted uses. This provision would clarify
that the specific conditions listed in the code apply whether the conditional use permit
process is required or not.
(12) Clarifying the definition of rear property lines after boundary line
adjustments along alleys. Our general definition for designating property lines is that
the front is along the street, the rear is opposite of the front, and the remaining is the side
or side -corner. It is a solid, straight -forward definition. However, it isn't one size fits all.
We have variations in the definition chapter of the ordinance to address certain
anomalies. One situation which is not addressed often arises in the older part of town.
When corner lots where split (which usually would not be allowed today, but many of
these changes were from 100 years or more ago), the resulting property was a small lot
along the alley with a front on the side street. Opposite of the front would normally be
the side property line with the neighbor, but is a rear by definition, making the alley,
which is normally a rear, the side setback area. Since rear setbacks are larger than side
setbacks, the buildable area becomes fairly narrow on such a lot.
This proposal would treat the alley as the rear and the shared property line with the
neighbor as the side. It provides a bit more breathing room for applicants and better
reflects the standard rhythm of the block with rear property lines along the alley and side
property lines shared with the neighbor.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings
of Fact for the zone change request are discussed relative to the itemized criteria described by 76-
2-304, M.C.A.
Is the zoning regulation made in accordance with the growth polices
The proposals are consistent with the growth policy. In particular, there are extensive
specific policies/goals directly referencing entrance corridors in the (a) Growth Policy
Plan -It 2035, Resolution #5821A; (b) Highway 93 North Area Plan, Resolution #512913;
and (c) Highway 93 South Corridor Plan, Resolution # 5329A. The relevant sections are
attached to this report as Exhibit A.
2. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendments generally have a minimal effect on transportation systems
with the exception of entrance corridor standards. Those proposed standards are designed
to preserve the functionality of the highways by reducing the number of driveways and
other accesses. An overabundance of access points impedes traffic flow and can create
Page 4 of 11
traffic hazards. The entrance corridor standards would tend to have a very positive
impact on the transportation system.
3. Is the zoning regulation designed to secure safety from fire and other dangers?
The proposed amendments add more clarity which allows for a better implementation of
standards designed to protect the public from fire and other dangers.
4. Is the zoning regulation designed to promote public health, public safety, and the general
welfare?
The general health, safety, and welfare of the public will be promoted by creating a more
predicable, orderly, and consistent environment.
5. Does the zoning regulation consider the reasonable provision of adequate light and air?
The standards help provide for appropriate interaction between developed properties.
6. Is the zoning regulation designed to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
As mentioned above, the zoning ordinance creates a more predictable, orderly, and
consistent development pattern. That pattern allows for a more efficient allocation of
public resources and better provision of public services.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
The amendments reflect the character of each district.
8. Does the zoning regulation consider conserving the value of buildings?
Building values will be conserved by providing reasonable standards within zoning
districts by encouraging predictable, orderly, and consistent development within a given
area.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipality?
The amendments help create consistency throughout comparable zones, which promotes
compatible urban growth.
Page 5 of 11
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff report
KZTA-19-01 and recommend to the Kalispell City Council that the proposed amendments be
adopted as provided herein.
Page 6 of 11
FYuiRi'r A
Growth Policy Plan -It 2035, Resolution #5821A
A goal of the growth policy is to provide a comprehensive, effective growth management plan
that provides for all the needs of the community, is adaptable to changing trends and is attuned to
the overall public welfare. In this case, the Growth Policy Plan -It 2035 was used to provide a
general and comprehensive outline of community goals and expectations about how entrance
corridors should develop. The following goals and policies contained in the Kalispell Growth
Policy Plan -it 2035 are applicable to the proposed regulations and support the proposed entrance
corridor standards:
Chapter 4, Land Use — Business and Industry:
Policies:
3. Highway Community Entrance:
a. Emphasize the objective of pleasing corridors that encourage highway
landscaping.
b. In designated mixed -use areas, allow for a compatible mix of office, commercial,
light industrial, residential, and public facilities.
C. Encourage the use of innovative land use regulations to achieve a pleasing
community entrance.
d. Encourage highway commercial development to adhere to the following design
guidelines:
i. Encourage access by a secondary street or use of shared driveways and
interconnected parking lots where secondary street access is not feasible.
ii. Increase building and parking lot setbacks.
iii. Incorporate pedestrian and bicycle facilities into landscaped frontages.
iv. Landscape highway frontage and parking lots to enhance development
sites and reduce visual impacts of development.
V. Keep signs simple to reduce clutter and allow rapid comprehension by
highway motorists without undue distraction. Encourage variety and creativity in
sign design.
Page 7 of 11
vi. Outdoor storage, machinery, utilities, trash dumpsters, service bays,
antennas, rooftop equipment, and similar accessory facilities should be hidden or
screened from public view to protect aesthetic qualities.
vii. Outdoor lighting should be low intensity, directed downward and shielded
to prevent glare.
viii. Allow for storm water facilities in landscaped areas when consistent and
complementary with the overall design.
Highway 93 North Area Plan, Resolution #5129B
Goal — 1: Gateway entrances to Kalispell that enhance the community through improved design.
Policies:
1. Gateway Entrance Corridors (areas of special concern) would extend up to 150 feet of
either side of the existing R/W for primary highways and up to 50 feet for secondary
highways.
2. The following roadway corridors are identified as gateway entrances to Kalispell.
a. Highway 93 North corridor north of Four Mile to the County Landfill.
3. The following design standards are intended to enhance the gateway entrances to
Kalispell.
a. Access control is important along the gateway entrance roads.
b. Access should be coordinated so as to allow only collector or arterial streets to
intersect. The judicious use of right -in right -out approaches, frontage roads and good
internal development street design should be the rule to reduce or eliminate the need
for direct access onto major gateway roads.
d. Extra setbacks, buffering and landscaping along US Highway 93 North and US
Highway 2 and to a lesser degree along Whitefish Stage Road are the norm.
e. In those areas planned for general commercial development on a gateway entrance, it
should occur as an integrated development utilizing and enhancing the property back
from the gateway as opposed to occurring as a shallow linear strip. Significant
individual business highway exposure, individual access points, and pole signage
would not be the norm. Out parcels of commercial businesses would be anticipated
within the improved design of a PUD along the corridors.
Page 8 of 11
f. Additional design standards should be developed to ensure that signage enhances
development, not detracts from it. Wall signage integrated into the overall building
design is preferred over freestanding signage. Monument signs are preferred over
other types of freestanding signage. Where development entrance signage or
monument signage is proposed, it should be done so as part of a unified planned unit
development concept.
g. Where the adjacent gateway road speed is posted at 35 mph or lower:
i. A minimum 20-foot landscape buffer should be provided abutting the
gateway road.
ii. Street trees should be incorporated into the landscape buffer.
iii. A pedestrian trail or sidewalk should be incorporated into the
landscaped buffer area.
h. Where the adjacent gateway road speed is posted from 36 — 45 mph:
i. A minimum of 40 feet of landscaped buffer area should be provided.
ii. Street trees and berming should be incorporated into the landscaping.
iii. A pedestrian trail or sidewalk should be incorporated into the
landscaped buffer area.
i. Where the adjacent gateway road speed is posted above 45 mph:
i. A minimum 100 — 150 foot impact area should be provided for major
entrances and a 50-foot entrance for minor entrances.
ii. Within this impact area, a combination of berming, landscaping using
live materials and trees as well as grass, a pedestrian trail system,
limited parking and frontage roads should be incorporated.
iii. Primary buildings should not be located in this impact area, unless
specifically approved in a PUD.
iv. Four sided architecture should be the norm for development adjacent to
the impacted area.
v. Monument signs would be anticipated to occur in the rear portion of the
impacted area, other free standing signs would not.
Page 9 of 11
6. Pedestrian and trail systems should be incorporated into berming, landscaping, greenbelts,
park areas and setback standards along gateway entrances to enhance or maintain the
scenic value of the entrance corridor from public facilities, neighborhoods, schools and
commercial services.
Highway 93 South Corridor Plan, Resolution # 5329A
GOALS:
2. EXPANSION OF COMMERCIAL DEVELOPMENT SOUTH OF CEMETERY
ROAD/LOWER VALLEY ROAD NEEDS TO BE ADDRESSED UNDER A PLANNED
UNIT DEVELOPMENT IN ORDER TO ADEQUATELY ADDRESS VEHICULAR
AND PEDESTRIAN ACCESS, SIGNAGE, SETBACKS, AND OTHER ISSUES
RELATING TO PROTECTING AND PRESERVING THE COMMUNITY ENTRANCE
WAY TO KALISPELL.
3. PRESERVING THE FUNCTIONALITY OF THE INTERSECTION OF HIGHWAY 93
AND THE HIGHWAY 93 BYPASS SHOULD BE A PRIORITY.
5. NEW DEVELOPMENT WHETHER
RESIDENTIAL SHOULD BE OF
ARCHITECTURAL QUALITY.
COMMERCIAL, INDUSTRIAL OR
HIGH QUALITY IN DESIGN AND
6. FREE FLOWING TRAFFIC ON HIGHWAY 93 SHOULD BE MAINTAINED AND
NEW DEVELOPMENT SHOULD INCORPORATE DESIGN AND TRAFFIC
FEATURES THAT WILL ELIMINATE THE NEED FOR PRESENT OR FUTURE
TRAFFIC SIGNALS BETWEEN FOUR CORNERS AND HIGHWAY 82.
12. THE HIGHWAY 93 BYPASS, THE INTERSECTION OF HIGHWAY 93 AND THE
BYPASS AND HIGHWAY 93 ARE GATEWAY ENTRANCES AND SCENIC
CORRIDOR ENTRANCES TO OUR COMMUNITY AND AS SUCH NEED SPECIAL
TREATMENT AND PROTECTION.
15. PROVIDE FOR THE ONGOING ACQUISTION, CONSTRUCTION AND
MAINTENANCE OF PARKS, BIKE AND PEDESTRIAN TRAILS AND OTHER
RECREATIONAL FACILTIES.
Policies:
5. Additional accesses onto Highway 93 shall be limited and a grid street system shall be
developed when possible.
Page 10 of 11
6. Frontage roads shall be developed as part of a grid street system to avoid additional
accesses onto Highway 93.
9. High quality design standards shall be applied to new development along the corridor
related to architecture, parking lot layout, lighting, landscaping, setbacks and signage.
18. The following design standards are intended to enhance the gateway entrances to
Kalispell:
a. Access control should be the norm along the 93 corridors.
b. Access should be coordinated so as to allow only collector or arterial streets to
intersect Highway 93. The judicious use of right -in right -out approaches, frontage
roads and good internal development street design should be the rule to reduce or
eliminate the need for direct access onto major gateway roads.
C. Areas planned for commercial development along Highway 93 should occur as an
integrated development utilizing and enhancing the property back from the highway
as opposed to occurring as a shallow linear strip. Significant individual business
highway exposure, individual access points, and pole signage would not be the norm.
d. Monument signs are preferred over pole signs.
22. Advocate the design and site layout of new residential development adjacent to industrial
zoned property, Highway 93 and the future bypass to incorporate noise reduction
techniques so that the new development will not be affected by noise that exceeds 60
dBA at the property line.
Page 11 of 11
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.040: Property Development Standards.
(4) Maximum Building Height (ft): 40-45
CHAPTER 27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.10.040: Property Development Standards.
(4) Maximum Building Height (ft): 40-45
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.020: Permitted Uses.
(2) Aircraft hangers
CHAPTER 27.19
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sections:
27.19.030: Standards for Planned Unit Development District (PUD).
(2) Establishment of PUD Districts.
(a) Residential PUD District.
4. Residential dwelling unit density: Within a proposed
residential PUD district residential densities are set forth
below:
Table 1
PUD Density Allocation
Underlying Residential
District
Max 9 Dwelling
Units/Developable
Acre
R-1 District
3 4- dwelling unit
R-2 District
4 -3 dwelling units
R-3 District
6 4 dwelling units
R-4 District
10 -7-dwellingunits
R-5 District
10 dwelling units
RA-1 District
20 4-0-dwelling units
RA-2 District
40 29 dwelling units
H-1 District
20 dwelling units
a. Table 1 provides for the maximum 9 of dwelling
units per developable acre. Developable acres are
based on land in developable area and exclude
undevelopable land as defined in 27.19.030(1)(a)
above;
b. PUD's are not entitled automatically to the
maximum density allowed in Table 1 above.
Density shall be established based upon:
1. An analysis of the environmental factors
affecting the land;
II. Compatibility with surrounding land uses
and impact on adjacent neighborhood;
Ill. Availability of public infrastructure and
services; and
IV. Consistency with the Kalispell Growth
Policy.
C. Residential density bonuses: The maximum PUD
residential density provided for in Table 1 may be
increased in the following situations:
I. Up to a 20% increase in residential units for
projects which exceed the minimum park
and open space requirements as follows:
i. A 5% increase in density for each
10% increase over and above the
minimum required developed park
lands.
ii. A 5% increase in density for each
10% increase of open space over and
above the minimum park land
requirement.
iii. Up to a 20% bonus density (at a rate
of two additional housing units for
each affordable unit created) for
projects which advance long term
work force housing opportunities
(rental or owner occupied housing
available to people earning up to
80% of median income). For
lots/units to be eligible they must be
associated with such organizations as
Habitat For Humanity, a local
housing authority, a single or multi -
county housing assistance
organization or an incorporated land
trust.
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
Sections:
27.20.029 Entrance Corridor Standards
27.20.029 Entrance Corridor Standards. The purpose of this section is to implement
development standards applicable to atg eway entrances to the community. The
entrances to the City of Kalispell are an important gateway to the community, and
as such should be developed in such a way that they create an inviting and
positive first impression of the community. The standards contained herein are
intended to protect the health, safety and welfare of the traveling_ public by
preventing or reducing traffic congestion and distracting visual clutter associated
with developments along major thoroughfares into and out of the city. The
standards achieve the stated purpose by addressing the following physical
characteristics of development: setbacks, landscaping=pedestrian access, bike
access, architectural design, outdoor storage and access control.
(1) Definitions. As used in this section, the following definitions Uply:
(a) Buffer area: An area of land, including landscaping and earth berms
of a particular property adjoining a designated principal arterial ribtt-
of-way.
(b) Monument sign: A two-sided freestanding sign attached to a
permanent foundation or decorative base constructed of permanent
material, such as concrete block or brick and not attached or dependent
on support from any building, pole, posts or similar uprights.
(2) Gateway Entrance. Gateway entrances are established along principal
arterials entering and exiting Kalispell. Principal arterials are at the highest
level of the transportation hierarchy and provide the highest capacity for
vehicular traffic volumes. Principal arterials provide for major traffic
movements througb the city at the highest efficiency possible, with right-of-
way typically_ yielded by roadways of lower hierarchy. Principal arterials
promote connectivity to other arterials, serve the longestps, and carry the
major portion of trips entering and leaving the overall area. Principal arterials
provide the highest level of access control, making access to abutting
subordinate to the provision for vehicular travel. Speeds can vary between 25
and 65 miles per hour and traffic volumes carry between 10,000 and 35,000
vehicles per day_
(3) Buffer Setbacks Established. The buffer requirement for each gateway
entrance corresponds with the posted speed limit on that section of the
principal arterial and the typical adjacent building pattern. Thus, properties
adjacent principal arterials with a posted speed limit of 65 miles per hour have
larger buffers than those properties adjacent principle arterial with speed
limits of 25 miles per hour. Other considerations include the existing built
environment along the principal arterial, which makes the feasibility of large
buffer requirements infeasible in some situations. Roadway corridors to be
identified as gateway entrances to Kalispell and the required buffer area for
each are as follows:
• U.S. 93 North between Reserve Drive and annexation boundary — 100
foot buffer
• U.S. 93 North between Four Mile Drive and Reserve Drive — 20 foot
buffer
• U.S. 93 South between 13th Street and bypass — 20 foot buffer
• U.S. 93 South between the bypass and annexation boundary — 40 foot
buffer
• U.S. 2 East between Woodland Drive and annexation boundary — 20
foot buffer
• U.S. 2 West between bypass and annexation boundary — 40 foot buffer
If any portion of a property is abutting an above -mentioned principal arterial
roadway, the entire property's right-of-way frontage is subject to this chapter.
Specific exemptions are listed for development in place at the time of
adoption of these regulations.
(4) Buffer Area.
(a) The buffer area shall include the length of the property boundary
adjacent to the Mplicable right-of-way with the minimum depth.
(b) The buffer area shall not encompass more than 10% of the gross
area of any parcel as platted at the time of adoption of these
regulations.
(c) The following shall be permitted within the buffer area:
1) Landscaping
2) Storm water management facilities, which are aesthetically
integrated into the landscape plan. Fencing of storm water
facilities is prohibited.
3) Access points
4) Frontase roads intended to limit the number of access
approaches onto the highway.
5) Underground utilities
6) Pedestrian and bike trails (amenities such as bike
benches, and pedestrian lighting)
7) Monument Signs in accordance with Chapter 27.22 of the
Kalispell Zoning Ordinance.
8) Flag poles
(d) Where there is existing development in place at the time of
adoption of these regulations, the following buffer area exceptions
are permitted:
1) Where a lot is previously developed and a principal building
encroaches into the required buffer, the existing setback of the
principal building will be used as the building line for additions
to the principal structure.
2) Where strict adherence to these regulations results in the loss of
required parking spaces and/or required driving aisles, the
buffer area can be reduced in an effort to maintain the required
parking spaces and/or driving aisle when it has been shown that
alternative site design is not feasible. Where feasible, the site
design shall maintain as much of the required buffer as
possible.
3) In the event that an existing right-of-way is widened, and such
widening necessitates the removal or relocation of any building
or use and the owner wishes to rebuild on the same tract:
i) The owner may abide by the previously existing
setback distance (the distance between the building
prior to right -of way acquisition and the previous
right -of -wad) as the minimum setback for the
new building if reconstruction is started within 180
days. If this timeframe is not met, any new
structure on the tract of land shall conform with all
sections of this code.
(5) Landscaping and Pedestrian Connectivity.
(a) A landscape and irrigation plan shall be submitted for the adjacent
right-of-way and buffer area. The Parks and Recreation Director
shall approve the irrigation and landscape plan for the right-of-way
and buffer area prior to development. Landscape designs shall
include primarily live landscaping including undulating
topography and have a mix of tree plantings with a ground cover of
predominately sod. The choice of species and type of trees shall
achieve unity of design by repetition of plant varieties and other
materials and by correlating with adjacent developments and with
the streetscape plantings where provided.
(b) The use of any form of bark, mulch, rock, etc. shall not be used as
a primary method of landscaping. These materials may be used to
augment live landscape features upon approval by the Parks and
Recreation Director. If rock is to be used it must be 1 inch or less
fractured.
(c) When an existing developed landscape buffer is reduced or
eliminated due to public acquisition of road right-of-way, that
portion of the landscape buffer acquired is not required to be
replaced or reestablished.
(d) For lots with existing development, landscaping within the
required buffer area shall be required when there is a change of
use, or when there are property improvements equal to or greater
than 20% of the replacement value of the building at time of
building permit. The replacement value shall be determined by a
detailed cost estimate, including site improvements, submitted by
the property owner and further verified by the building official.
Where improvements to a property are completed in phases, the
value of the improvements shall be determined cumulatively at
time of each building permit. At such time, the cumulative
improvements to the properly. ay to or greater than 20% of
the replacement value of the building at time of building permit,
the buffer is required.
(e) Property owners shall keep the landscaping within the buffer area
in a healthy and attractive manner. Dead or dying landscaping shall
be replaced with like or similar type of landscaping. Any deviation
from the approved landscape plan shall be approved by the Parks
and Recreation Director prior to installation.
(f)
A minimum 8-foot wide concrete sidewalk shall be constructed
along the entire principal arterial frontage, where no sidewalk
exists meeting this standard. The sidewalk shall be integrally
designed into the landscape plan required between the curb line of
the principal arterial and the required buffer.
(g) A minimum 5-foot walk sidewalk shall be installed between the
entrance of the building and the sidewalk located within the buffer.
(6) Access.
(a) Where access can be achieved via an adjacent or internal street or
easement, the lot shall take its access from that location instead of
direct access onto the highway_
(b) Where no adjacent street network is available, site design of individual
lots shall provide for shared access with neighboring parcels.
(7) Outdoor Storage.
(a) Outside storage of used motorized parts and/or partially or
completely dismantled motorized vehicles and/or marine vessels and
shipping containers shall be enclosed by a view-obscuringfnce
adequate to screen them from the principal arterial and any
adjacent city residentially zoned land.
(b) The view -obscuring fence shall be reviewed by the Architectural
Review Committee prior to installation.
CHAPTER 27.21
ARCHITECTURAL REVIEW
Sections:
27.21.020: Architectural Review Committee.
(2) The members shall serve four year terms at the pleas ffe f the f ,., ,, . The
specific terms shall be initially established so that up to two four-year are made each year until all positions have been appointed.
The mayor, with approval of the council, may remove any member of the
ARC after hearing, for misconduct or non-performance of duty. Any
vacancies of the ARC shall be appointees of the mayor with the approval
of the council.
27.21.030: Jurisdiction and Powers of the ARC.
(1) Except for single family and duplex dwellings, no building permit shall be
issued for a new building or major remodeling of an existing building, and
no sign permit shall be issued for the construction or alteration of a sign,
until the plans, drawings, sketches and other documents required under
Section 27.21.050 have been reviewed and approved by the ARC in
conformity with the criteria specified in Section 27.21.040. Wall signs and
are exempt from
ARC review. For purposes of this ordinance, the term "major remodeling"
shall mean any remodeling that substantially changes the exterior
appearance of the building.
CHAPTER 27.22
SIGN REGULATIONS
Sections:
27.22.050: Signs Not Requiring Permits. The following types of signs are exempted from
permit requirements, but must be in conformance with all other requirements of
this ordinance:
(5) Interior Window Signs. Any incidental signage erected inside of or
painted on a window or otherwise located within a building except strobe
lights, blinking lights or other such similar devices that are intended to
draw attention to a use from passing vehicular traffic. An electronic reader
board within a window shall be considered a wall sign and is subject to
review as a sign requiring a permit. Signs in faux windows that are not
intended to serve tvnical window functions related to lisht and air shall not
be considered interior window signs and are subject to regulations
pertaining to wall signs.
CHAPTER 27.23
NONCONFORNIING LOTS, USES AND STRUCTURES
Sections:
27.23.020: Nonconforming Structures. If a structure was lawfully constructed (conforming
to zoning regulations then in effect) prior to the effective date of adoption or
amendment of this code and does not conform with the current standards of this
code, the structure may remain as long as it remains otherwise lawful and subject
to other conditions set forth herein.
(2) Changes to Nonconforming Structures. A structure conforming with
respect to use but nonconforming with respect to other standards may be
enlarged or altered provided that the enlargement or alteration does not
further deviate from these regulations. For example, an extension, whether
horizontal along a property line or vertical with additional height, of a
structure within a setback area creates a further deviation beyond the
existing nonconformity. Enlargements or alterations of nonconforming
structures up to 50% of the length and/or height of the existing
nonconformi . may be allowed subject to an administrative conditional
use permit.
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.030: Design.
(3) Plans.
(c) For driveways and driving aisles where parking spaces do not back
into the driving lane, the minimum dimensions are as follows:
1. Single-family and duplex: 10 feet wide and shall not be
located within a side setback area
2. Multi -family: 10 feet per lane (10 feet for one-way aisles
and 20 feet for two-way aisles)
3. Other uses: 12 feet per lane (12 feet for one-way aisles
and 24 feet for two-way aisles)
(6) Parking Districts: See (Figure 10) for parking district maps.
(a) Parking District No. 1. (Figure 10)
CHAPTER 27.26
OUTDOOR LIGHTING STANDARDS
Sections:
27.26.030: General Standards:
(8) Exposed bulbs used for ornamental purposes that do not exceed the
equivalent of fifteen (15) watts incandescent are exempted from shielding
requirements.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.005: Applicability to Permitted Uses
27.34.010 Animal Hospitals, Pounds, Kennels, Animal Shelter, and Veterinary Clinics
27.34.020
Bed and Breakfast
27.34.040
Casinos
27.34.050
Day Care Centers — 13 or more individuals
27.34.060
Dwellings, Multi -family
27.34.070
Electrical Distribution Stations
27.34.080
Extractive Industries
27.34.090
Mini -Storage, Recreation Vehicle Storage
27.34.100
Sexually Oriented Business
27.34.110 Transmission Towers and Cellular Communication Towers, Equipment and
Facilities
27.34.005: Applicability to Permitted Uses. Whenever any use listed in this chapter is
provided for as a permitted use in a zoning district or within any Planned Unit
Development, the specific requirements for the use listed in this chapter shall
apply even if a conditional use permit is not required.
Sections:
27.37.010: Definitions.
CHAPTER 27.37
DEFINITIONS
Figure 17: Lot Types and Setbacks
LOT TYPES AND SETBACKS
When property lines along a street
are equal, the front is based on the
prevailing Custom an the block.
STREET
`
iron.
non
CORNER
$ INTERIOR
$ $
leer
N
DORMER
ade----�
INTERIOR
I I
THROUGH
i FLAG
w
fem
I I
m
L---- J
rem
i1�&'INTERIORfrontfraM
CORNER
L11
g
STREET
a.
When side property lines meet at a paint, the rear property line
J
Is an assumed line 19 long, lying within the lot, which Is parallel
to a line tangent to the front property line at it's midpoint
(Setback Is measured from assumed rear properly line.)
r less then 200' deep
s
less than 200' deep
CORNER
THROUGH
F�UL-0DE
-SAC
CORNER INTERIOR
INTERIOR
(109) Lot, Length. The length (or depth) of a lot shall be:
(a-1) If the front and rear lines are parallel, the shortest distance between
the lines.
(b2) If the front and rear lines are not parallel, the shortest distance
between the midway point of the front lot line and midpoint of the
real lot line.
(c) If the lot is triangular, the shortest distance between the front lot
line and a line parallel to the front lot line, not less than ten feet
long lying along the rear of the lot but still wholly within the lot.
(110) Lot Line. (See Figure 17 above)
(a,) Lot, Front — The front property line of a lot shall be determined as
follows:
1.(-a) Corner Lot — The front property line of a corner lot shall be
the shorter of the two lines adjacent to the streets as platted,
subdivided or laid out. Where the lines are equal, the front
line shall be that line which is obviously the front by reason
of the prevailing custom of the other buildings on the
block. If such front is not evident, then either may be
considered the front of the lot, but not both.
2.(b) Interior Lot — The front property line of an interior lot shall
be the line bounding the street frontage.
3.(0 Through Lot — The front property line of a through lot shall
be that line which is obviously the front by reason of the
prevailing custom of the other buildings in the block.
Where such front property line is not obviously evident, the
Zoning Administrator shall determine the front property
line. Such a lot over 200 feet deep shall be considered, for
the purpose of this definition, as two lots each with its own
frontage.
(2d) Lot, Rear — The rear property line of the thfettg44e4 is that lot line
opposite to of the front property line. Where the side property lines
of a lot meet in a point, the rear property line shall be assumed to
be a line not less than ten feet long, lying within the lot and parallel
to the front property line. In the event that the front property line is
a curved line then the rear property line shall be assumed to be a
line not less than ten feet long, lying within the lot and parallel to a
line tangent to the front property line at its midpoint. Where a
corner lot has been altered through subdivision or boundary
adjustment resulting in a lot with frontage on the street and a
property line along an alley, the rear property line shall be deemed
to be that property line which would have been the rear property
line prior to the alteration.
(3e) Lot, Side — The side property lines of a lot are those lot lines
connecting the front and the rear property lines of a lot.
(4) Lot, Side Corner — On a corner lot, it is the remaining street
frontage after the front lot line has been determined.
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
Aircraft hangers
P
P
P
APPENDIX C
PROPERTY DEVELOPMENT STANDARDS FOR ALL USES
R-I
R-2
R-3
R-4
R-5
RA -I
RA-2
H-1
B-I
B-2
B-3
B-4
B-5
I-1
I-2
P-1
MAXIMUM
35
35
35
35
35
4445
4445
60;
60;
60;
60;
60;
60;
60;
60;
60;
BUILDING
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
unlimited
HEIGHT
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
w/CUP
ft