Ordinance 1406 - Zoning Text Amendment - Maximum Height Limit226
ORDINANCE NO. 1406
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE
NO. 1175), BY AMENDING THE MAXIMUM HEIGHT LIMIT OF VARIOUS ZONING
DISTRICTS AS SHOWN ON EXHIBIT "A" AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to
amend the Kalispell Zoning Ordinance, by amending the
maximum height limits of various zoning districts, and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Tri-City
Planning Office after having been evaluated under
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell
Zoning Ordinance be amended to allow those maximum
heights as shown on Exhibit "A", and
WHEREAS, the City Council has reviewed the TCPO Report and the
transmittal from the Kalispell City -County Planning Board
and zoning Commission and hereby adopts the findings made
in Report #KZTA-01-8 as the Findings of Fact applicable
to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
See Exhibit "A"
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SECTION III. 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 19TH DAY OF NOVEMBER, 2001.
ATTEST:
Theresa White
City Clerk
{. m l loharsRl' ft
Wm E. Boharski
Mayor
1
1
1
227 1
AN ORDINANCE-XIM ING SECTIONS 27.14.020 AND 27.14.030 OF THE ELL
ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING PERMITTED USES
THE B-2, GENERAL BUSINESS DISTRICT TO INCLUDE ACCESSORY APARTMENTS AND
MULTI -FAMILY DWELLI NG MENTS FROM
CONDITIONALLY ITTED USES, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Richard Dasen has submitted a written reque amend
Section 27.14.020 of the Kalispell Zoning Ordinanc ,
- General Business
- it dwellings, a
WHEREAS, the request was forwarded to the Kalisp City -County
Planning Board and Zoning Commission by the i-City
Planning Office after having been evaluated under 27.14. 0,
Kalispell Zoning Ordinance, and
=e Kalispell City -Coup ing Board ning
Commission recommended that the text o Kalispell Zoning
Ordinance be amended to allow accessory a tments and
multi-f�midw s ermitted uses in the B-2, eneral
bus Hess Distract and removing apartments a
conditional._u-qe and
WHEREAS, the City Council has reviewed the Report and the
transmittal from the Kalispell City -County FT ,ing Board
and Zoning Commission and hereby adopts the finds s made
or KZTA-0 - dings of Fact applicab to
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C
OF THE CITY OF
KAL I S PELL AS
FOLLOWS
ECTION
I. _ Tjje�iet f Kalispell Zon
dinance,
Ordinance No. 117 reby
amen
follows:
Section
ermztte se
(2). Appliance distributors, w
ale/repair.
(36) Multi -family aViel-L' s.
(37) . Music educatiofi" wi re
erformance a
limited sales.
Section 27.14.030:
Uses Which May Be Permitted By
Con 'onal Us
Permit.
(2). Apartments,
SECTION
II. All parts and portions of Or
.
ce No. 1175 no
he-reb-y_ ain unchanged.
SEC5;
rdinance •shall -take effect
ty (30 ays
after its final passage.`�-`
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE R OF THE
OF NO ER, 2 0 O 1
ISPELL THIS 1 DAY
Wm E.
ATTEST: Mayor
Theresa White
228
EXHIBIT A
PROPOSED AMENDMENTS TO THE BUILDING HEIGHT LIMITS
AMENDING THE VARIOUS SECTIONS
ZONE PRESENT HEIGHT PROPOSED HEIGHT
R-1 Suburban Residential 30 feet 35 feet
R-2
Single Family Residential
30 feet
35 feet
R-3
Urban Single Family Residential
30 feet
35 feet
R-4
Two -Family Residential
30 feet
35 feet
R-5
Residential/Professional Office
35 feet
35 feet
RA-1
Low -Density Residential Apartment
35 feet
35 feet
RA-2
High -Density Residential Apartment
40 feet
40 feet
RA-3
Residential Apartment/Office
35 feet
40 feet
H-1
Health Care
35 feet
40 ft (60 ft w/ CUP)
(Hospitals)
60 feet
B-1
Neighborhood Buffer District
30 feet
35 feet
B-2
General Business
40 feet
40 ft (60 ft w/ CUP)
B-3
Community Business
40 feet
40 ft (60 ft w/ CUP)
B-4
Central Business
72 feet
40ft(unlimited CUP)
B-5
Industrial/Commercial
50 feet
40 ft (60 ft w/ CUP)
I-1
Light Industrial
40 feet
40 ft (60 ft w/ CUP)
I-2
Heavy Industrial
60 feet
40 ft (60 ft w/ CUP)
P-1
Public
50 feet
40 ft (60 ft w/ CUP)
For any situation requiring a conditional use permit, performance standards would be
included in Chapter 27.35 "Additional Requirements for Specific
Conditional Uses." Both
the Site Development Review Committee and the Architectural
Review Committee were
consulted in the development of these performance standards.
Those standards are as
follows:
Additional Building Height. Structures requiring a conditional use permit due to
additional height shall, in addition to any other applicable standards, be subject to the
following standards:
1. No additional height shall be allowed within 150 feet of any R or RA zone. Any
right-of-way adjacent to the .subject property shall be excluded from the
measurement.
2. No structure (subject to Section 27.22.070 regarding exceptions to height
regulations) shall extend above a 1:1 slope established with a beginning point at
the applicable setback line at an elevation equal to the elevation at natural grade
at the nearest point on the property line plus the maximum height allowed in the
zoning district.
The Architectural Review Committee shall submit a recommendation which shall be considered as
a material factor in the consideration of the application.