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Ordinance 1861 - Amends Ord 1677 - Allowing Accessory Dwelling UnitsORDINANCE NO. 1861 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), TO ALLOW ACCESSORY DWELLING UNITS (ADUs) WITHIN CERTAIN ZONING DISTRICTS TO BE A PERMITTED USE IN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City Planning and Zoning Commission to consider certain amendments to the Kalispell Zoning Ordinance regarding allowing Accessory Dwelling Units (ADUs) to be permitted uses in the R-4, R-5, RA-1, RA-2, H-1, B-1, B-2, B-3, and B-4 Zoning Districts; and WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the Kalispell Planning Department, took public comment and evaluated the request pursuant to the guidelines of KMC 27.29.020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its recommendation to the Kalispell City Council that certain portions of text of the Kalispell Zoning Ordinance as set forth in Exhibit "A" attached hereto, regarding the allowance of ADUs in various zoning districts, be amended; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered by the Kalispell City Planning Board and Zoning Commission and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-20-02, 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 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit "A". SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. 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 2ND DAY OF AUGUST 2021. ATTEST: Airhee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A CHAPTER 27.20 SUPPLEMENTARY REGULATIONS 27.20.080: Principal Structures. In any "B", "P", or "I" district, more than one structure housing a permitted and customary principal use may be erected on a single lot or tract of land, provided that yard and other requirements of this code shall be met for each structure as though it were on an individual lot. This provision shall not apply to any lot within an "R" district where only one principal structure is permitted, except as provided in Section 27.20.082. Multiple structures proposed in an "RA" or "H" district shall be subject to approval as a conditional use, except as provided in Section 27.20.082. 27.20.082: Accessory Dwelling Units. (1) In the B-1, B-2, B-3, and B-4 zones, two dwelling units are permitted on a single lot. The dwelling units may be provided either as a duplex or as two separate single-family structures (i.e. a principal structure and an accessory dwelling unit). (2) In the R-4, R-5, RA-1, RA-2, and H-1 zones, two dwelling units are permitted on a single lot in a duplex, or as two separate single-family structures with an administrative conditional use permit. In the R-1 zone, a guest house is permitted with a conditional use permit. In any zones listed in this subsection, an accessory dwelling unit would only be allowed subject to the following conditions: (a) The maximum height is limited to a single story with a height of no more than 18 feet unless the setbacks for a principal structure are met, in which case the maximum building height for the district would apply. (b) The gross floor area of living space within the accessory dwelling unit shall be limited to no more than 1000 square feet. (c) Rental periods of less than 30 days are not permitted for the accessory dwelling unit. (3) For any accessory dwelling unit under this section: (a) An accessory dwelling unit shall meet the setbacks required for a principal structure unless an existing conforming or non -conforming accessory structure is converted into the accessory dwelling unit. In that event, the existing setbacks may be maintained. Any enlargement or alteration of the structure shall be governed by Section 27.23.202(2) relating to changes to non -conforming structures. (b) The limitation on repairs and maintenance for non -conforming structures contained in Section 27.23.020(3) shall not apply to a conversion of an existing accessory structure to an accessory dwelling unit. CHAPTER 27.23 NONCONFORMING LOTS, USES AND STRUCTURES 27.23.020: Nonconforming Structures. If a structure was lawfully constructed (conforming to zoning regulations then in effect) prior to the effective date of adoption or amendment of this code and does not conform with the current standards of this code, the structure may remain as long as it remains otherwise lawful and subject to other conditions set forth herein. (3) Repairs and Maintenance. (a) On any nonconforming structure, work may be done on ordinary repairs, maintenance, and remodeling to an extent not exceeding 25% of the replacement value of the building in any one year, except as provided for in Section 27.20.082 relating to accessory dwelling units. The repair or replacement of bearing walls and foundations is permitted. CHAPTER 27.37 DEFINITIONS Sections: 27.37.010: Definitions. All words in this ordinance shall be first defined as provided herein and, if not defined herein, shall have their customary dictionary definitions. For the purposes of this ordinance certain words and terms used herein are defined as follows: (61) Dwelling Unit, Accessory. An accessory dwelling unit is a second dwelling unit on a property that is in a separate, detached structure from the first dwelling unit.