Ordinance 1332 - Amending Supplemental Regulations of Zoning OrdinanceORDINANCE NO. 1332
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AN ORDINANCE AMENDING CHAPTER 27.22, SUPPLEMENTARY REGULATIONS, OF
THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, City of Kalispell has submitted a request to amend
Chapter 27.22, Supplementary Regulations, of the Kalispell Zoning
Ordinance, 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
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendments and
recommended, per Report #KZTA-99-6, that various changes be made to
the Chapter 27.22, Supplementary Regulations, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended, 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-99-6 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, Chapter 27.22,
Supplementary Regulations, is hereby
amended as attached hereto in 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 �(g — DAY OF AUGUST, 1999.
ATTEST:
Theresa White
City Clerk
WM.F_.bahars i .
Wm E. Boharski
Mayor
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EXHIBIT "A"
27.22.020: Accessory Uses
(2)(a)(11) (delete entire section, is now new section 27.22.160)
(2)(a)(11)
(2)(a)(b) ...except (2)(a)(11)...
27.22.090: Fences, Walls, and Hedges.
(1). Except as otherwise provided by this ordinance, no fence, hedge, or
free-standing wall shall exceed 42 inches in height anywhere within or
bounding the front yard or 78 inches within the rear or side yards
when placed within the required yard setback areas. A single archway
serving as a pedestrian entrance and being no more than nine feet
tall, five feet wide and four feet deep, may be attached to a fence in
the required setback area.
27.22.150: Special Events. Special events such as car shows, boat shows, RV shows,
carnivals, concerts and similar outdoor activities may be permitted in the "B",
"I" and "P" zones provided they do not exceed seven days in a one month
period.
27.22.160: Home Occupations. Home occupations are allowed in the R-1, R-2, R-3,
R-4, R-5, RA-1, RA-2, and RA-3 zones provided that the home occupation
is clearly incidental and secondary to the use of the property as a residence
and provided the following standards are met:
(1). Any commodity sold upon the premises must be produced on the
premises. This is not intended to preclude the occasional home party
sales associated with such products as Tupperware, Amway, and
Avon. This would include but not be limited to music lessons,
educational tutoring, consulting services, personal services and
photography studios. Home occupations would not include any type
of auto, boat or RV repair, maintenance or painting; any type of food
preparation for on -site consumption or retail sales which include items
not produced on -site, or any other use which creates traffic
uncharacteristic of a residential area or requires outdoor storage of
materials.
(2). Any disturbance such as noise, vibration, smoke, dust, odor, heat or
glare beyond the confines of the dwelling unit or accessory building
would not be in excess of that which would normally be anticipated in
a residential area.
(3). There shall be no exterior display, or exterior storage of materials,
house calls after 9:00 p.m. or before 8:00 a.m., or other indication
from the exterior that the dwelling unit or accessory building is being
used in part for any use other than that of a dwelling or accessory
building for purely residential purposes.
(4). There shall be no employees other than those residing on the
premises.
(5). There shall be no pedestrian or vehicular traffic in excess of that
which is characteristic of the neighborhood in which it is located which
shall not exceed more than one at a time or eight all day.
(6). Any need for parking must be met on -site.