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Ordinance 1824 - Amends Zoning RegulationsORDINANCE 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 # 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. ohnson ATTEST: \\\`\\ Gil Airunckhorst, CMC SEAL n'ieB 1892 City Clerk = ��� •.'tlO,yT,pr1 �� 1111111 EXHIBIT A CHAPTER 27.09 RA-1 RESIDENTIAL APARTMENT Sections: 27.09.040: Property Development Standards. (4) Maximum Building Height (ft): 45 CHAPTER 27.10 RA-2 RESIDENTIAL APARTMENT/OFFICE Sections: 27.10.040: Property Development Standards. (4) Maximum Building Height (ft): 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 # Dwelling Units/Developable Acre R-1 District 3 dwelling unit R-2 District 4 dwelling units R-3 District 6 dwelling units R-4 District 10 dwelling units R-5 District 10 dwelling units RA-1 District 20 dwelling units RA-2 District 40 dwelling units H-1 District 20 dwelling units a. Table 1 provides for the maximum # 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. PUDs are not entitled automatically to the maximum density allowed in Table 1 above. Density shall be established based upon: I. An analysis of the environmental factors affecting the land; II. 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: 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 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 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 highest capacity for vehicular traffic volumes. Principal arterials provide for major traffic movements through 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 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 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 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 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 applicable 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) Frontage roads intended to limit the number of access approaches onto the highway. 5) Underground utilities 6) Pedestrian and bike trails (amenities such as bike racks, 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-way line) 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 property 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 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 -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. The specific terms shall be initially established so that up to two four-year appointments 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 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 NONCONFORMING 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 prevW" custom on the hock. srnEEr IL IL I CORNER if INTERIOR I �i 1 rw WERJOR nuxO" j � � I C, ,�, I► CORNER w TT ftm ftrt STR= � I When aide property lines meet at a point the rear property line J Is an assumed I ne 1 V tong, lying wIM the lot, which Is parallel to a Fine fengent to the fiord property Fine at We mk4x*d. (Setback Is measured from assumed raw property line.) r klesBthan 2W deep`ir Was than 2W deep CORNER _Z� THROUGH ` cum -arc CORNER � WERIOR IIlTH31oR 4. / (109) Lot, Length. The length (or depth) of a lot shall be: (a) If the front and rear lines are parallel, the shortest distance between the lines. (b) 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. 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. Interior Lot — The front property line of an interior lot shall be the line bounding the street frontage. 3. 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. (2) Lot, Rear — The rear property line is that lot line opposite 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 property line prior to the alteration. (3) 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. I-d a Z-I I -I p S-S b-9 £-8 Z-S I-11 I-H a Z-VH I-vu S-H £-H Z-11 I-Q � � N Q 0 (C cz v wd A