Ordinance 1207 - Text Amendment - Conditional Uses in B-1318
ORDINANCE NO. 1207
AN ORDINANCE AMENDING SECTION 27.13.030 OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY EXPANDING THE LIST OF
CONDITIONAL USES IN A NEIGHBORHOOD BUSINESS, B-1 ZONING
CLASSIFICATION TO INCLUDE "TELECOMMUNICATION COMPANIES AND/OR RADIO
COMMON CARRIERS WITH ANCILLARY ANTENNAS WITH MONO -POLE DESIGN AND
A BASE NOT TO EXCEED 12 INCHES AND A TOTAL HEIGHT NOT TO EXCEED 70
FEET" AS A CONDITIONAL USE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Douglas R, Johns, d/b/a Mountain Paging Network,
Inc., representing Ron and Sharon L. DeMeester, the owners of Lots
7, 8, 9 of Block 231, Kalispell Addition #5, has submitted a
written request to amend Section 27.13.030, of the Kalispell Zoning
Ordinance, by requesting that the list of conditional uses in a
Neighborhood Business, B-1 zoning classification be expanded to
include "telecommunication companies and/or radio common carriers
with ancillary antennas with mono -pole design and a base not to
exceed 12 inches", 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
27.30.020, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment for
capability with a particular zoning classification, and
WHEREAS, "telecommunication companies and/or radio common
carriers with ancillary antennas with mono -pole design and a base
not to exceed 12 inches and a total height not to exceed 70 feet"
are to a degree compatiblewith the definition of a Neighborhood
Business, B-1 zoning classification, and
WHEREAS, the table of conditional and permitted uses in a
Neighborhood Business,' B-1 zoning classification contains similar
uses, and
WHEREAS, the anticipated impacts of ocher conditional or
permitted uses in a Neighborhood Business, B-1 zoning
classification may in terms and intensity be equally as great as
"telecommunication companies and/or radio common carriers with
ancillary antennas with mono -pole design and a base not to exceed
12 inches and a total height not to exceed 70 feet", and
WHEREAS, the specific purpose 0i the requested text change is
to allow Lots 7, 8, 9 of Block 231, Kalispell Addition #5 to
include telecommunication companies and/or radio common carriers
with ancillary antennas with mono --pole design and a base not to
exceed 12 inches and a total height not to exceed 70 feet as a
conditional permitted use, and
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WHEREAS, FRDO has recommended that because of unknown adverse
impacts and a limited proposed use, the proposed text amendment may
be properly limited to accommodate the request while at the same
time preserving the integrity of the Neighborhood Business, B-1
zoning classification, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to allow "telecommunication companies and/or
radio common carriers with ancillary antennas with mono -pole design
and a base not to exceed 12 inches and a total height not to exceed
70 feet" as a conditional use in the B-1 Neighborhood Business
Zone,
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 27.13.030, Zone Classification, Neighborhood
Business, B-1, is hereby amended by including therein as
a conditional use "telecommunication companies and/or
radio common carriers with ancillary antennas with mono-
pole design and a base not to exceed 12 inches and a
total height not to exceed 70 feet".
SECTION II. This Ordinance shall be effective thirty
(30) days from and after its final passage by the City
Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 18th DAY OF April , 1994.
ATTEST:
Amy H. Robertson
Finance Director
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, D. Rautfie, Mayor
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