Ordinance 1866 - Amends Ord 1677 - Allowing Marijuana Sales, etc in I ZonesORDINANCE NO. 1866
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), TO ALLOW MARIJUANA DISPENSARIES, CULTIVATION, AND
MANUFACTURING WITHIN CERTAIN ZONING DISTRICTS TO BE AN
ADMINISTRATIVE CONDITIONALLY PERMITTED USE IN THE CITY OF KALISPELL
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on May 18, 2021, the State of Montana enacted the Montana Marijuana Regulation and
Taxation Act legalizing adult use of marijuana in the State of Montana; and
WHEREAS, on September 1, 2021, 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 marijuana dispensaries,
cultivation, and manufacturing to be administrative conditionally permitted uses in any
B or I Zoning Districts; and
WHEREAS, on September 14, 2021, the Kalispell City Planning Board and Zoning Commission
considered the request by the Kalispell Planning Department, took public comment,
evaluated the request pursuant to the guidelines of KMC 27.29.020, and adopted the
findings made in Report #KZTA-21-03 as the Findings of Fact; 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, regarding the allowance of marijuana dispensaries,
marijuana cultivation, and marijuana manufacturing in the B and I zoning districts, be
amended; and
WHEREAS, on October 4, 2021, the City Council reviewed and considered 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
WHEREAS, the City Council adopted the findings made in Report #KZTA-21-03 as the Findings
of Fact applicable to this Ordinance excepting those findings likening dispensaries to
liquor businesses as the State of Montana highly regulates the sale of liquor through
the limited number of liquor licenses it allows; and
WHEREAS, the City Council amended the Zoning Text Amendment to exclude all references to the
B Zoning Districts, allowing marijuana dispensaries, cultivation, and manufacturing to
be administrative conditionally permitted uses in the I Zoning Districts; and
WHEREAS, the City Council deems the passage of this Ordinance as necessary to protect the public
health, safety, and welfare.
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 January 1, 2022.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF OCTOBER, 2021.
ATTEST:
Mark Johnso
Mayor
Ainike Brunckhorst, CMC
City Clerk
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EXHIBIT A
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010: Application of District Regulations. Except as otherwise provided herein, the
regulations set by this chapter and Chapters 27.04 through 27.19 shall be the
minimum regulations and all regulations as categorized shall apply uniformly to
each class or kind of structure or land and particularly:
(8) N use fland shall be po..... hiedor- „a•+ n o.mitte ..:tWa the City
of Kalispell dim is invielatien of federal e, e- leeal law.
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Marijuana cultivation (Administrative CUP)
(10) Marijuana dispensaries (Administrative CUP)
(11) Marijuana manufacturing (Administrative CUP)
Renumber accordingly
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(11) Marijuana cultivation (Administrative CUP)
(12) Marijuana dispensaries (Administrative CUP)
(13) Marijuana manufacturing (Administrative CUP)
Renumber accordingly
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.050: Minimum Standards By Use.
(7) The following table provides minimum parking standards by use:
Minimum Parking Standards By Use
Marijuana cultivation, Dispensaries: 1 per 300 square feet gross floor area.
dispensaries, and
manufacturing Cultivation and manufacturing: 1 per 1000 square
feet gross floor area.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.087: Marijuana Cultivation, Dispensaries, and Manufacturing.
(1) A marijuana dispensary or any facility engaged in marijuana cultivation or
manufacturing shall be located a minimum of 300 feet from churches, schools,
parks, and city residential (R or RA) zones, measured from property line to
property line.
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010: Definitions.
(117) Marijuana. Marijuana means all plant material from the genus Cannabis
containing tetrahydrocannabinol (THC) or seeds of the genus capable of
germination. It does not include hemp, including any part of that plant, including
the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts
of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3% on a dry weight basis, or commodities or
products manufactured with hemp, or any other ingredient combined with
marijuana to provide topical or oral administrations, food, drink, or other products.
The term also does not include a drug approved by the United States Food and Drug
Administration pursuant to Section 505 of the Federal Food, Drug, and Cosmetics
Act, 21 U.S.C. 301, et seq.
(118) Marijuana cultivation. A use operated by a person licensed by the State
of Montana to (a) plant, cultivate, grow, harvest, and dry marijuana; and (b)
package and relabel marijuana produced at the location in a natural or naturally
dried form that has not been converted, concentrated, or compounded for sale
through a licensed dispensary.
(119) Marijuana dispensary. A licensed premises from which a person licensed
by the State of Montana may (a) obtain marijuana or marijuana products from a
licensed cultivator, manufacturer, dispensary, or other licensee approved by the
State; and (b) sell marijuana or marijuana products to registered cardholders, adults
that are 21 years of age, or both.
(120) Marijuana manufacturing. A use operated by a person licensed by the
State of Montana to convert or compound marijuana into marijuana products,
marijuana concentrates, or marijuana extract and package, repackage, label, or
relabel marijuana products.
Renumber accordingly
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
7
N
CATEGORIES
7
Retail, Service & Business
Uses
Lumber/building material
sales (with/outdoor
P
P
P
display/storage)
Marijuana dispensaryAC
AC
Media (newspaper, radio, TV
P
P
P
P
P
P
Industrial Uses
Manufactured home sales lot
P
Marijuana cultivation
AC
AC
Marijuana manufacturing
AC
AC
Mini-storage/recreation
AC
AC
AC
AC
vehicle storage