Ordinance 1315 - NOT ACTED ON - Minimum Side Yard Setback27
(TOT ACTED ON 6/7/99)
ORDINANCE NO. 1315
AN ORDINANCE AMENDING SECTIONS 27.09.040(3) OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE MINIMUM SIDE YARD
SETBACK FROM TEN FEET TO TEN FEET PLUS FIVE ADDITIONAL FEET FOR
EACH INCREMENT OF FIVE FEET ABOVE 25 FEET IN HEIGHT IN THE RA-1,
RA-2, AND RA-3 ZONING DISTRICTS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Richard Ockey has submitted a written request to
amend Section 27.09.040(3) of the Kalispell Zoning Ordinance, by
reducing the minimum side yard setback from ten feet to ten feet
plus one additional foot for each foot over 25 feet in height in
the RA-1, Low Density Residential Apartment District, and
WHEREAS, the request was forwarded to the Kalispell City -
County Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated under
27.09.040(3), Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended, per Report #KZTA-99-4, that the minimum side yard
setback be amended from ten feet to ten feet plus five additional
feet for each increment of five feet above 25 feet in height in the
RA-1, RA-2, and RA-3 Zoning Districts, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to establish that the minimum side yard
setback from ten feet to ten feet plus five additional feet for
each increment of five feet above 25 feet in height in the RA-1,
RA-2, and RA-3 Zoning Districts, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board and
Zoning Commission and hereby adopts the findings made in Report
#KZTA-99-4 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:
Section 27.09.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
Section 27.10.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
Section 27.11.040: Property Development Standards.
... (3) Minimum Yards (FT)
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
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
THIS DAY OF JUNE, 1999.
MAYOR OF THE CITY
OF KALISPELL
Wm E.
Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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