Ordinance 1254 - Text Amendment - Allow Second Dwelling in R-44 ,-
ORDINANCE NO. 1254
AN ORDINANCE AMENDING SECTIONS 27.07.020, 27.22.020(2), AND
27.26.50(42) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO.
1175). BY ADDING "ACCESSORY SINGLE-FAMILY DWELLINGS" AS A
CONDITIONALLY PERMITTED USE IN A RESIDENTIAL, R-4, ZONING
DISTRICT; AND TO REFERENCE THIS ADDITION OF ACCESSORY SINGLE-FAMILY
DWELLINGS IN THE SUPPLEMENTARY REGULATIONS SECTION ON ACCESSORY
USES; AND ESTABLISHING A PARKING REQUIREMENT OF TWO SPACES FOR THE
ACCESSORY SINGLE-FAMILY DWELLING, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, W.H. Rinkenbach, has submitted a written request to
amend Section 27.07.20 of the Kalispell Zoning Ordinance, by
allowing two detached single-family houses on one lot in a R-4
Residential zoning district that otherwise allows either a duplex
or a single detached house; a second proposal to amend Section
27.22.020(2) to add an accessory single-family dwelling in the
Supplementary Regulations Section on accessory uses, noting that
the accessory dwelling must be subordinate in area and height to
the principal dwelling and meet the setback and other property
development standards of primary structures in R-4 Residential
zoning districts; and a third proposal to amend section
27.26.050(42) establishing a parking requirement of two spaces for
the accessory single-family dwelling, 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
27.30.20, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended amending Sections 27.07.020, 27.08.020, 27.10.020, and
27.11.020 allowing "Dwelling, Accessory Single -Family" as a
permitted use in R-4, R-5, RA-1, RA-2, and RA-3 zoning districts;
and adding Section 27.22.02(2), which specifies the permitted
accessory uses in the R-1 through R-5 districts; and amending
Section 27.26.050(42) to require the minimum number of off-street
parking spaces as 2 per dwelling unit.
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to allow "Dwelling, Accessory Single -Family"
as a conditionally permitted use in a Residential, R-4, zoning
district; and adding Section 27.22.02(2) specifying conditions for
accessory uses; and amending Section 27.26.050(42) to require the
j:\wp\ord1254.wpdW1
, ;= a
. J
466
minimum number of off-street parking spaces as 2 per dwelling unit.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY -
OF KALISPELL AS FOLLOWS:
SLCTION I. That Section 27.07.030, City of Kalispell
Zoning ordinance, Ordinance No. 1175, is
hereby amended by adding thereto the
following:
Uses Which:May Be Permitted by Conditional Use Permit.
"Dwelling, Accessory Single -Family"
SECTION II. That Section 27.22.020 (2)(a), City of
Kalispell Zoning Ordinance, Ordinance No.
1175, is hereby amended by adding thereto the
following:
12) Accessory single family dwelling in R-4 district
only, subject to following requirements:
i) No more than two dwelling units per lot is
permitted. The lot must conform to the minimum lot
area requirements of the underlying zoning
district.
ii) Maximum floor area of the accessory single family
dwelling is 1000 square feet. Maximum height is 25
feet.
iii) An accessory single family dwelling shall conform
to the setback requirements of principal
structures. The minimum setback between the
principal and accessory dwelling is 10 feet. The
location of an existing structure(s) shall not be
considered a special condition or circumstance that
justifies the granting of a variance from these set
back requirements.
iv) If a lot with an accessory single family dwelling
is subdivided, the existence of the second dwelling
shall not be considered a special condition or
j:\wp\ord1254.wpd
2
1
4.J
�:';,a.
.
.a
467
circumstance that justifies the granting of a
variance from the property development standards of
Section 27.07.040.
v) Approval of sewer and water facilities by the
Public Works Director shall be obtained prior to
building permit approval of an accessory single
family dwelling.
SECTT..III. That Section 27.22.020 (2)(b), City of
Kalispell Zoning Ordinance, Ordinance No.
1175, is hereby amended so as to read a
follows:
(b) In the RA-1, RA-2 and RA-3 Zones. In addition to
the accessory uses included in subsection (2) (a) ,
except (2_)(a)(12). noncommercial domestic storage
buildings associated with multi -family dwellings
and off-street loading shall be permitted.
SECTION Iv. That Section 27.26.050 City of Kalispell
Zoning Ordinance, Ordinance No. 1175, is.
hereby amended by adding thereto the
following:
(42) Residential, Single Family and accesjoQ—single
family_! 2 per dwelling unit.
,SECTION V. That this Ordinance shall take effect 30 days
from and after final passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS Zjsf DAY OF h t4ja Y 1997.
I Crml. 10. Am w-��
ATTEST:
Debbie Gif C
Clerk of Council
j:\wp\ord1254.wpd 3