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Ordinance 1860 - Downtown Historic District Design StandardsORDINANCE NO. 1860 AN ORDINANCE AMENDING ORDINANCE NO. 1677 OF THE CITY OF KALISPELL ZONING REGULATIONS CODIFIED AT CHAPTER 27 OF THE KALISPELL MUNICIPAL CODE RELATING TO PORTIONS OF ARCHITECTURAL REVIEW REGULATIONS AND ADDING DOWNTOWN HISTORIC DISTRICT DESIGN STANDARDS, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the Downtown Business Improvement District (BID) applied for and received a grant from the Montana Main Street Program in 2020 to develop design standards for the historic downtown Kalispell, a draft of which was crafted with assistance from A&E Architects, the Downtown BID, Architectural Review Committee, and the Kalispell City Planning staff, and is proposed as a text amendment to the Kalispell Zoning Ordinance; and WHEREAS, the Kalispell Planning Board held a duly noticed public hearing on April 13, 2021, to consider the proposed Historic District design standards and accompanying guidelines and upon considering the evidence presented in staff report KZTA-21-01 and public comment, recommended to the City Council that it adopt the staff report as findings of fact and that the proposed amendments be adopted; and WHEREAS, the City Council held work sessions on April 26, 2021, and June 14, 2021, to discuss the proposal and directed staff to move forward with the amendments based on these discussions and to bring the matter before the City Council for action; and WHEREAS, based upon all the evidence presented, the City Council adopts staff report KZTA- 21-01 as its findings of fact and further finds that it is in the best interests of the residents and guests to amend its zoning regulations to include the Historic District Design Standards and such amendments to the Architectural Review standards as set forth in the Exhibit "A" attached hereto and included herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Regulations are hereby amended to read as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. 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 19TH DAY OF JULY, 2021. Mark John Mayor ATTEST: Ain*e Brunckhorst, CMC City Clerk KA ti'`'SEAL`�'�r - -• 1892 i r - r , •.•O ii� Exhibit "A" CHAPTER 27.21 ARCHITECTURAL REVIEW Sections: 27.21.010 Findings and Objectives. 27.21.020 Architectural Review Committee. 27.21.030 Jurisdiction and Powers of the Architectural Review Committee. 27.21.040 Criteria and Standards. 27.21.050 Procedure. 27.21.010: Findings and Objectives. (1) Excessive uniformity, dissimilarity, inappropriateness or poor quality of design on the exterior appearance of structures and signs and the lack of proper attention to site development and landscaping in Kalispell hinders the harmonious development of the city, impairs the desirability of residences, investment or occupation in the city, limits the opportunity to attain the optimum use and value of land and improvement, adversely affects the stability and value of the property, produces degeneration of property in such areas with attendant deterioration of condition affecting the peace, health and welfare of the city, and destroys a proper relationship between the taxable value of property and the cost of municipal services. (2) The purposes and objectives of architectural site design review procedure are to: (a) Encourage originality, flexibility and innovation in site planning and development, including the architecture, landscaping and graphic design of said development; (b) Discourage monotonous, drab, unsightly, dreary and inharmonious development; (c) Conserve the city's natural beauty and visual character and charm by insuring that structures, signs and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearances of structures, signs, and other improvements; (d) Protect and enhance the city's appeal to tourists and visitors and thus support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial and industrial properties; (e) Stabilize and improve property values and prevent blighted areas and, thus, increase tax revenues; (f) Achieve the beneficial influence of pleasant environments for living and working on behavioral patterns, and thus decrease the cost of governmental services; (g) Foster civil pride and community spirit so as to improve the quality and quantity or citizen participation in local government and in community growth, change and improvement; (h) Sustain the comfort, health, tranquility and contentment of residents by reason of the city's favorable environment, and thus to promote and protect the peace, health and welfare of the city; and (i) Protect and enhance the historic character of downtown Kalispell for the educational, cultural, and economic benefit and enjoyment of the traveling public and citizens of Kalispell. 27.21.020: Architectural Review Committee. (1) The mayor, with the approval of the council, shall appoint an Architectural Review Committee (ARC) of at least five persons, with qualifications including, but not limited to, special education, training or experience in the financing of commercial real property, architecture, historic preservation or landscape architecture; active engagement in business, commerce or industry; and/or education, training or experience in the area of graphic or allied arts. Whenever possible, the mayor shall appoint individuals who are either property owners, residents, historic preservation specialist, or actively engaged in business or employment in the city. (2) The members shall serve four year terms. The specific terms shall be initially established so that up to two four-year appointments are made each year until all positions have been appointed. The mayor, with approval of the council, may remove any member of the ARC after hearing, for misconduct or non- performance of duty. Any vacancies of the ARC shall be appointees of the mayor with the approval of the council. (3) The ARC may adopt and amend rules to govern the conduct of its business including, but not limited to: Officers, quorum, voting, schedule of meetings and records. 27.21.030: Jurisdiction and Powers of the ARC. 1) Except for single family and duplex dwellings, no building permit shall be issued for a new building or major remodeling of an existing building, and no sign permit shall be issued for the construction or alteration of a sign, until the plans, drawings, sketches and other documents required under Section 27.21.050 have been reviewed and approved by the ARC in conformity with the criteria specified in Section 27.21.040. Wall signs are exempt from ARC review. For purposes of this ordinance, the term "major remodeling" shall mean any remodeling that substantially changes the exterior appearance of the building. The facade improvements outlined in Section 27.21 A.020 may not require a building permit but shall require ARC review and approval prior to commencing work. (2) Construction, site development and landscaping, signing and graphics shall be carried out in the substantial accord with the plans, drawings, sketches and other documents approved by the ARC, unless altered with the ARC's approval. Nothing in this section shall be construed to prevent ordinary repair, maintenance and replacement of any part of the building or landscaping which does not involve a substantial change from the goals and objectives of section 27.21.010. 27.21.040: Criteria and Standards. (1) The following standards shall be utilized by the ARC in reviewing the plans, drawings, sketches and other documents required under section 27.21.050. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the ARC. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specifications on one or more particular architectural style are not included in these standards. (a) City of Kalispell, Montana, Architectural Design Standards: The project should be designed to follow the architectural design standards. (b) Relation of proposed buildings to environment: Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. (c) Advertising features: The size, location, design, color, texture, lighting and materials of all exterior signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties. (d) Special features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setback, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. (e) Application of design standards: The standards of review outlined in this section also apply to all accessory buildings, structures, exterior signs and other site features, however related to the major buildings or structures. (2) The ARC shall also be guided by the objectives of section 27.21.010, and such objectives shall serve as additional criteria and standards. 27.21.050: Procedure. (1) Submission of documents. A prospective applicant for a building or other permit, who is subject to site design review, shall submit to the planning department the following: (a) A site plan, drawn to scale, showing the proposed layout of all structures and other improvements including, where appropriate, driveways, pedestrian walks, landscaped areas, fences, walls, off- street parking and loading areas, and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. (b) A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and irrigation systems required to maintain trees and plant materials. (c) Architectural drawings or sketches, drawn to scale, including floor plans, in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures and other improvements as they will appear on completion of construction. (d) Specifications as to type, color and texture of exterior surfaces of proposed structures or alterations. (e) Specifications for each exterior light fixture. (f) A sign plan, drawn to scale, showing the location, size, design, material, color and methods of illumination of all exterior signs. (2) The ARC shall make a decision in a timely manner pursuant to their rules and schedule. An applicant may appeal a decision to the City Council. The appeal shall be filed in writing to the city manager within 30 days after the ARC has rendered its decision at the scheduled meeting. CHAPTER 27.21A DOWTOWN HISTORIC DISTRICT DESIGN STANDARDS Sections: 27.21A.010 Intent 27.21A.020 Applicability 27.21A.030: Design Standards Applicable to All Properties within the Downtown Historic District Overlay 27.21A.040: Additional Design Standards Applicable to Properties within the Main Street Historic District 27.21A.010: Intent. The purpose of this section is to establish design standards that guide individuals, businesses, architects, designers as well as the Architectural Review Committee in making consistent and objective decisions involving development within historic downtown Kalispell. The standards will protect and enhance the development of buildings and sites within downtown Kalispell, an area of significant architectural and historic character, for educational, cultural and economic benefit and enjoyment of the citizens of Kalispell and the traveling public. The Downtown Historic District Overlay (Figure 2.2) consists of the Kalispell Main Street Historic District and the surrounding area that embodies the historic commercial site development patterns of early Kalispell. The design standards will preserve historic architectural design and integrity, while promoting compatible urban growth and redevelopment. The standards will protect the investment and property values of local businesses, promote tourism, and encourage pedestrian -oriented development. Contemporary, non -period and innovative design of new structures and additions is encouraged when such design is compatible with and/or compliments surrounding structures. These standards are not intended to necessarily preclude significant alteration or demolition of existing buildings but are designed to provide consistency and predictability to property development standards and the permit review process. 27.21A.020: Applicability. The following design standards are applicable to all buildings except for single family and duplex dwellings within the Downtown Historic District Overlay (Figure 2.2). Standards in Section 27.21 A.030 apply to all properties within the boundary of the Downtown Historic District Overlay, which emphasizes pedestrian -friendly urban site design congruent with historic Kalispell. In addition to Section 27.21 A.030, Section 27.21 A.040 applies to properties within the Main Street Historic District and focuses on historic architectural form, material, and color reflective of the established historic built environment. When applying the standards of this chapter, ARC must also be guided by the Design Guidelines- Downtown Historic District Overlay. Figure 2.2: Downtown Historic District Overlay E RO-Sto Afl SS E CENtER St Z W CER SS 15� St m Downtown Historic District 2N0 St E ti St W Main Street Historic District 3 J 9 Z p 1Nfl 5t W N - o c r f a m Z aft St m m c� 4tN St E �HStE 4 4tH st m f Main St. Historic District Downtown Historic Distri 6tF► gt W ?�N St E In addition to ARC review and approval for all new building or major remodeling as defined in Section 27.21.030, fagade improvements including but not limited to the application of paint; installation or replacement of awnings, siding, or windows; wall murals or artistic sculptures; substantial alteration of historically significant elements (Section 27.21 A.040(2)(c)(5)) on contributing buildings, and wall signs 20 square feet in size or larger require ARC approval within the Main Street Historic District. Ordinary repair or maintenance, as defined in this chapter, is exempt from ARC review. Ordinary repair and maintenance does not include the alteration or repair of the building fagade, including but not limited to brick and masonry repair, abrasive and/or comprehensive cleaning of the building, stripping paint finishes, painting, and window or awning replacement. 1) Alternative Compliance to Design Standards. ARC may allow for alternative compliance when the proposal demonstrates alignment with the spirit and intent of the design standards. 2) Definitions. As used in this chapter, the following definitions apply: (a) Contributing building: A building constructed during Kalispell's period of significance (1891-1960) and which retains a high degree of integrity. The building is intact and few alterations have occurred. If additions have been made more than 50 years ago, the additions may be seen as part of the evolution of the building and provide historical significance. (b) Downtown Main Street District: A historic district listed on the National Register of Historic places and a subdistrict of the Downtown Historic District Overlay. (c) Ghost signs: A wall sign painted on the exterior wall of a building during Kalispell's period of significance which advertises a business, product, or service. (d) Individually listed building: A building or structure that has been listed on the National Register of Historic Places based on the significance in American history, architecture, archaeology, engineering or culture. Information on individually listed buildings can be found on the Montana State Historic Preservation Office website and the National Park Service's National Register of Historic Places website. (e) Noncontributing building: A building whose date of construction is outside the period of significance or is within the period of significance but has been altered to the degree in which the integrity and historical character has been compromised. (f) Ordinary repair or maintenance: Replacement or renewal of existing systems of a building, or of parts of the service equipment made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. (g) Period of significance: A period between 1891 and 1960 during which time Kalispell gained its most architectural and historical importance. (h) Wall murals: A painting or artistic work composed of pictures or arrangements of color which is painted on or attached to a building and which does not contain a commercial message. 27.21A.030: Design Standards Applicable to All Properties within the Downtown Historic District Overlay. The following standards apply to all properties within the Downtown Historic District Overlay (Figure 2.2) which consists of the Kalispell Main Street Historic District and the surrounding area. 1) Site Design and Architectural Character (a) All new buildings shall be placed and designed to present the front and primary fagade to the block frontage that is highest in order of precedence and should convey a sense of human scale and visual interest along the street front. (b) New buildings on a corner at the intersection of two streets shall be placed to present a front and primary fagade on both street block frontages. (c) Windows shall use clear glass or clear low-E glass rather than spandrel, mirrored, or tinted glass at street level. Stained and leaded glass may be used when historically appropriate. (d) New buildings shall be scaled to the pedestrian, with a variety of ways to engage activity at the street and sidewalk by incorporating at least three of the following elements: Recessed bays 2. Protruding or recessed entries. Awnings, entry roofing and trellises. 4. Architectural elements integrated into the design such as dormers, roof cornices, columns, piers, lintels. 5. Change in plane to avoid large plain building masses. 6. Change in building material or siding style. 7. Windows (except storefront windows) shall include trim or other design treatment, or alternately be recessed at least two inches from the facade. 2) Parking Facilities (a) New surface parking along a street shall be placed to the side or rear of the building and accessed via the alley when possible. (b) Parking structures shall incorporate ground floor features that promote a pedestrian environment. At street level, the parking structure shall include retail, commercial space, or architectural features that engage the pedestrian experience. The use of awnings, shading devices, and landscaping are a means to provide visual interest to areas otherwise not engaging the pedestrian at street level. (c) Upper parking levels facing the street shall minimize the visual impact of parked cars. l . Openings shall have a rhythm and scale similar to buildings in the area. 2. Screens and decorative materials along with railings shall be included to provide visual interest to upper level openings in the structure to help minimize headlight glare onto adjacent buildings. (d) The overall design of the parking structure shall be compatible within the area or neighborhood especially in terms of scale, massing, and rhythm. Vertical and horizontal articulation shall divide the structure to conform with the area or neighborhood. 2. Vertical pedestrian circulation can be a change of material or offset from the fagade or elevation in a design similar to buildings in the area or neighborhood. 3. Angled ramps within shall be screened from view from streets or sidewalks. 3) Service, Loading, Outdoor Storage and Mechanical Areas. Trash, utility, communications, power and gas meters and equivalent elements shall be located in the alley or incorporated into the architecture of the building by using parapets, walls, roof elements, and/or evergreen landscaping. Architectural screening elements shall be compatible with the proposed or existing building materials. 27.21A.040: Additional Design Standards Applicable to Properties within the Main Street Historic District. In addition to the standards outlined in Section 27.21A.030, the following standards apply to properties within the boundaries of the Main Street Historic District (Figure 2.2). 1) Building Materials and Color (a) Exterior finishes shall include historic materials such as masonry, concrete, cut stone and stone panels, native stone, terra-cotta, wood, cast iron, glass block, copper, and tin as the primary finish material. Synthetic materials may be used so long as the quality and appearance are substantially similar to historic materials used in the area. (b) Historic elements, materials and details shall not be covered, clad over, or boarded up with modern, non -historic, non -era materials. (c) Street shades and awnings shall be based on materials consistent with the historic period of construction. (d) All exterior building colors shall use a time period color palette based on the era in which the building was constructed. These paint palettes do not preclude the use of one or more colors that can be justified to the ARC through historic paint analysis or historic photo documentation. (e) Any color not listed within a historic palette or justified by historic paint analysis or photo documentation is referred to as a "limited color". Limited Colors may only be used up to 15% of the building fagade and are subject to approval by the ARC. 2) (f) Color guidelines apply to all exterior materials, including, but not limited to, paint, metals, masonry, concrete masonry units, and storefronts. Color guidelines do not apply to murals and artistic sculptures that comply with Section 27.21A.040(4). (g) Noncontributing buildings are not subject to manufacturer designated paint color palettes but shall take cues from colors and materials used on the block or generally found in the district. Standards for New Construction (a) New construction shall maintain a uniform street wall with the historic building alignment. (b) All new buildings shall incorporate tripartite construction with a base, middle, and a top that complements the building style of adjacent structures. Figure 2.3: Tripartite Building Form ITOP Top Middle y�Top Middle _ .X-M a W;w_i . x Middle Base Base . ' �.' ::3 Base (c) Mass and form of new construction shall be compatible with the historic context, area, and neighborhood. 1. Buildings shall be at the same grade, elevation, or floor height of surrounding historic buildings of the area or neighborhood. 2. Floor to floor heights shall be similar to the surrounding properties in the area or neighborhood including properties at an intersection. 3. Buildings shall have horizontal and vertical articulation of street facing wall planes and differentiate materials between floors consistent with properties in the area or neighborhood. 4. Farade or street facing elevations shall reflect the proportions of height to width in the area or neighborhood. 5. Buildings shall include historically significant architectural elements such as water tables, bulkhead, belt courses, dormers, transom, window sills and lintels, roof cornices, etc. Contemporary interpretations of these historical elements may be appropriate. Figure 2.5: Historic Commercial Building Elements HISTORIC COMMERCIAL,BUILOIMG P if ROOF RIVORK MATERIALS COMIEa Wo' bot1S STOREFROWIFEATUREE Awaota TRANSOM OISPfAY WINO" RtCtY3[O ENTRY GUINXE&D / OCPMATE FOMMOr: (d) Windows, doors, and other features shall be compatible with those in the area or neighborhood. 1. Use simplified configuration of historic doors. Storefront entrances shall have a recessed entry in order to avoid conflict with pedestrian circulation within the right-of-way. 2. Door height, width, and materials shall be similar to those in the area or neighborhood. 3. Window headers, sills, and sash design shall be similar to those in the area or neighborhood and hold similar relationship to cornices and belt courses. 4. Contemporary window patterns and designs shall respect the character and proportion of those in the area or neighborhood. 5. Windows shall use clear glass or clear low-E glass rather than spandrel, mirrored, or tinted glass at street level. Stained and leaded glass may be used when historically appropriate. (e) Roof forms shall be compatible to those in the area or neighborhood. Flat roof forms shall not be used in areas of pitched roofs and pitched roof forms shall not be used in an area of flat roofs. (f) When a contributing property is demolished, the reconstruction of the property shall include elements in the design that respect and harken back to the history of the site as it existed during Kalispell's period of significance. 3) Standards for Minor Additions and Fagade Improvements to Contributing and Individually Listed Buildings (a) Minor building additions and exterior fagade improvements to contributing properties shall preserve the historical character, proportion, scale, and rhythm of the existing historic building. When possible, historical reference including photographs shall be used to verify appropriate design. (b) If architecturally significant features such as cornices, lintels, historically appropriate windows and doors are replaced, they shall be replaced with reproductions of the original, where economically and functionally possible. If this is not possible, they shall be replaced with features similar in size and scale to the original. 4) Standards for Art Installations (a) Wall murals shall not be located on the front fagade or the side fagade of a side corner lot and shall not cover, destroy, or materially alter a historically significant architectural element (Section 27.21 A.040(2)(c)(5)) of the building or an existing ghost sign. (b) No mural shall be applied directly to an original, unpainted brick wall of a contributing or individually listed building. Murals should instead be painted on a removable substrate suitable for outdoor use. Anchoring shall be placed into masonry joints or other non -damaging areas of the walls. Framing shall be done so as not to trap water between the mural and the wall. Hanging or anchoring shall be reversible. (c) Artistic sculptures shall be secured in a manner that, if removed in the future, would not impair the historic integrity of the building. CHAPTER 27.22 SIGN REGULATIONS 27.22.160: Sign Permit. It shall be unlawful to display, erect, relocate, or alter any sign without first filing with the Zoning Administrator an application in writing and obtaining a sign permit except as otherwise exempted as per Section 27.22.050. (1) Application. Application for a permit for the erection, alteration, or relocation of a sign shall be made to the administrator upon a form provided by the administrator and shall include the information listed below. (a) Name and address of the owner of the sign. (b) Street address or location of the property on which the sign is to be located, along with the name and address of the property owner. (c) The type of sign or sign structure as defined in this chapter. (d) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (e) Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. (f) Length of the lot frontage and building frontage. (g) Location of ingress/egress and overhead wires. (h) Any other information that may be deemed necessary for purposes of clarification. (i) The fee established by the City Council. (2) Architectural Review. Signs are subject to the architectural review requirements as set forth in Chapter 27.21. Wall signs do not require review except for wall signs 20 square feet in size or larger located on buildings within the Main Street Historic District as defined in Section 27.21 A.020(2)(b). (3) Issuance and Denial. The Zoning Administrator shall issue a permit and permit sticker for the erection, alteration, or relocation of a sign provided that the sign complies with the laws of all applicable jurisdictions.