Ordinance 1315A - Minimum Side Yard Setback - RA-1, RA-2, RA-3ORDINANCE NO. 1315A
AN ORDINANCE AMENDING SECTIONS 27.09.040(3), 27.10.040(3), AND
27.11.040(3) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175),
BY AMENDING THE MINIMUM SIDE YARD SETBACK TO TEN FEET 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, dissenting votes on the Kalispell City -County Planning
Board and Zoning Commission recommended a side yard set back of 10
feet, 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.
Minimum Yards (FT) :
Side Yard - 10 feet
Section 27.10.040: Property Development Standards.
...(3) Minimum Yards (FT):
Side Yard - 10 feet
Section 27.11.040: Property Development Standards.
...(3) Minimum Yards (FT).
Side Yard - 10 feet
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 21ST DAY OF JUNE, 1999.
Wmllabrski ,
Wm E. Boharski
Mayor
ATTES
eresa White
City Clerk
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