Interim Zoning RegulationsThe City of Kalispell
Interim
Zoning Ordinance
Adopted November 4, 2002
CITY OF KALISPELL, MONTANA
INTERIM
ZONING ORDINANCE
ORDINANCE NO. 1438
Effective November 4, 2002
Prepared by:
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell, MT 59901
(406) 751-1850
TABLE OF CONTENTS
CHAPTERS
Table of Contents - Page i
PAGE
27.01
General Provisions...................................................................................................
1
27.02
Establishment of Districts.........................................................................................
2
27.03
Application of District Regulations...........................................................................
5
27.04
R-1 Suburban Residential.........................................................................................
8
27.05
R-2 Single Family Residential.................................................................................
10
27.06
R-3 Urban Single Family Residential......................................................................
12
27.07
R-4 Two Family Residential...................................................................................
14
27.08
R-5 Residential/Professional Office........................................................................
16
27.09
RA-1 Low Density Residential Apartment..............................................................
18
27.10
RA-2 High Density Residential Apartment.............................................................
20
27.11
RA-3 Residential Apartment/Office........................................................................
22
27.12
H-1 Health Care.....................................................................................................
24
27.13
B-1 Neighborhood Buffer District..........................................................................
26
27.14
B-2 General Business.............................................................................................
28
27.15
B-3 Community Business.......................................................................................
32
27.16
B-4 Central Business..............................................................................................
35
27.17
B-5Industrial-Commercial.....................................................................................38
27.18
I-1 Light Industrial.................................................................................................
43
27.19
I-2 Heavy Industrial...............................................................................................
48
27.20
P-1 Public..............................................................................................................
53
27.21
Change of Zoning to Planned Unit Development District (PUD) or Creation of
Planned Unit Development District........................................................................
55
27.22
Supplementary Regulations....................................................................................
65
27.23
Special Design and Review Criteria in the Kalispell Redevelopment District ...........
83
27.24
Sign Regulations....................................................................................................
90
27.25
Nonconforming Lots, Uses and Structures............................................................108
27.26
Off -Street Parking.................................................................................................112
27.27
Off -Street Loading................................................................................................124
27.28
Zoning Administrator............................................................................................126
27.29
Zoning Commission..............................................................................................128
27.30
Amendments and Changes.....................................................................................129
27.31
Board of Adjustment.............................................................................................132
Page ii Table of Contents
CHAPTERS...................................................................................................................... PAGE
27.32
Appeals.................................................................................................................134
27.33
Variances..............................................................................................................136
27.34
Conditional Use Permits........................................................................................140
27.35
Additional Requirements For Specific Conditional Uses........................................146
27.36
Enforcement.........................................................................................................157
27.37
Definitions............................................................................................................158
A
Figure 1, Minimum Parking Lot Requirements................................................................1
B
Figure 2, Special Parking Maintenance District No. 2......................................................4
General Provisions - Page 1
Chapter 27.01
GENERAL PROVISIONS
Sections:
27.01.010
Title
27.01.020
Separability
27.01.030
Repealing Clause
27.01.040
Purpose
27.01.010: Title. This title and all chapters herein shall be known and cited as the "City of
Kalispell Zoning Ordinance" in accordance with and exercising the authority of the
laws of the State of Montana, 76-2-301, M.C.A.
27.01.020: Separability. Where any word, phrase, clause, sentence, paragraph, or section, or
other part of these regulations is held invalid by a court of competent jurisdiction,
such judgment shall effect only that part held invalid.
27.01.030: Repealing Clause. Ordinance Number 1110 of the City of Kalispell, Montana,
and all parts or portions of other ordinances in conflict herewith, are hereby
repealed.
27.01.040: Purpose. The purpose of this ordinance is to promote the health, safety and
general welfare of the community; to promote the visual and aesthetic objectives of
the community; to conserve natural resources; to provide adequate
accommodations for transportation of people and goods; to provide adequate light
and air; to facilitate the provisions for public works requirements such as water,
sewer and environmental needs; to promote orderly development according to the
Kalispell City County M rite, Plan Growth Policy and the Kalispell Downtown
Redevelopment Plan; to regulate and restrict the height, number of stories, and size
of buildings and other structures, the percentage of lot that may be occupied, the
size of yards and other open spaces, and the location and use of buildings,
structures and land for trade, industry, residences and/or other purposes.
Page 2 - Kalispell Zoning Ordinance
CHAPTER 27.02
ESTABLISHMENT OF DISTRICTS
Sections:
27.02.010
Official Zoning Map
27.02.020
Certificate
27.02.030
Replacement of Official Zoning Maps
27.02.040
Interpretation of Boundaries
27.02.050
Interpretations of Uses
27.02.010: Official Zoning Map. The city is hereby divided into zones or districts, as shown
on the Official Zoning Map, which, together with all explanatory matter thereon, is
hereby adopted by reference and declared to be a part of this chapter. Within such
districts, the city will regulate and restrict the creation, construction,
reconstruction, alteration, repair, or use of buildings, structures, or land.
For the purpose of this chapter, the city is hereby divided and classified into the
following use districts:
(1) Suburban Residential
(2) Single Family Residential
(3) Urban Single Family Residential
(4) Two Family Residential
(5) Residential/ProfessionalOffice
(6) RA-1 Low Density Residential Apartment
(7) RA-2 High Density Residential Apartment
(8) RA-3 Residential Apartment/Office
(9) Health Care
(10) Neighborhood Buffer District
(11) General Business
(12) Community Business
(13) Central Business
(14) Industrial -Commercial
(15) Light Industrial
(16) Heavy Industrial
(17) Public
27.02.020: Certificate. The Official Map(s) shall be available in the office of the City Zoning
Administrator and shall bear certificate with the signature of the mayor, attested by
the City F:,,. nee Difeete Clerk, and the date of adoption of this title.
Establishment of Districts - Page 3
This certificate should read as follows: "This is to certify that this is an Official
Zoning Map of the Official Code of the City of Kalispell, Montana."
Mayor
Attested
Date of
Adoption
If any changes to the map are made by amendment of this chapter in
accordance with Chapter 27.30 hereof, such changes shall be made to the
Official Zoning Maps and signed, dated and certified upon the map or upon the
material attached thereto.
Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map
kept in the office of the zoning administrator or designee shall be the final
authority as to the current zoning status of land and water area, buildings and
other structures in the city.
27.02.030: Replacement of Official Zoning Maps. In the event that the Official Zoning
Map(s) become damaged, destroyed, lost, or difficult to interpret because of
the nature or number of changes and additions thereto, the city council may
adopt and certify new Official Zoning Map(s). The new Official Zoning Maps
may correct drafting or other errors or omissions in the prior map, but no such
corrections shall have the effect of amending the original Official Zoning Maps
or any subsequent amendment thereof.
27.02.040: Interpretations of Boundaries. Where uncertainty exists as to the boundaries
of districts as shown on the Official Zoning Map, the boundaries shall be
interpreted as following the nearest logical line to that shown:
(1) Boundaries indicated as approximately following the centerline of
streets, highways, or alleys shall be construed to follow such
centerlines;
(2) Boundaries indicated as approximately following platted lot lines shall
be construed as following such lot lines;
(3) Boundaries indicated as approximately following city limits shall be
construed as following such city limits;
Page 4 - Kalispell Zoning Ordinance
(4) Boundaries indicated as approximately following railroad lines shall be
construed as following such railroad lines;
(5) Boundaries indicated as approximately following the centerline of
streams, rivers, canals, or ditches shall be construed as following such
centerlines;
(6) Boundaries indicated as parallel to or extensions of features indicated
on the Official Zoning Map shall be determined by the scale on the
map;
(7) Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map or where other
circumstances or controversy arise over district boundaries, the zoning
administrator shall interpret the district boundary.
27.02.050: Interpretation of Uses. If questions arise concerning the appropriate
classification of a particular use, or if the specific use is not listed, the Kalispell
Zoning Administrator shall determine the appropriate classification for that use.
In interpreting use classification, the zoning administrator shall determine:
That listed use, if any, which is so like the requested use in purpose, function,
character, and effect as to be substantially similar to said listed use. Written
appeal of the zoning administrator determination can be submitted to the
Kalispell Zoning r v,,mis-s:,,,, Board of Adjustment, who will act on the appeal
and will either uphold the determination of the zoning administrator or,
alternatively, determine an appropriate classification for the use in question.
The intent of this ordinance nor the intent of the district will not be abrogated
by such classification.
Application of District Regulations - Page 5
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010 Application of District Regulations
27.03.010: Application of District Regulations. Except as provided in Chapters 27.22,
27.25, 27.32, 27.33, 27.34, and 27.35 with respect to supplementary
regulations, conditional uses, nonconforming uses, and variances, the
regulations set by this chapter and Chapters 27.04 through 27.20 shall be the
minimum regulations and all regulations as categorized shall apply uniformly to
each class or kind of structure or land and particularly:
(1) No building, structure, or land shall hereafter be used or occupied, and
no building, structure, or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered unless it is in
conformity with all of the regulations herein specified for the district in
which it is located.
(2) No part of any yard, or other open space, or off-street parking or
loading space required about or in connection with any building for the
purpose of complying with this ordinance shall be included as part of a
yard, open space, or off-street parking or loading space similarly
required for any other building except as otherwise provided for shared
parking as set forth by 27.26.040(5).
(3) No yard or lot existing at the time of adoption of this ordinance shall be
reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
ordinance shall meet at least the minimum requirements established by
this ordinance.
(4) The city council shall determine the appropriate zoning for any and all
areas to be annexed to the city but shall request a recommendation
from the Kalispell City -)—Planning Board and Zoning
Commission. The adopted Kalispell City "'�a� Growth Policy
shall be the primary consideration in the selection of an appropriate
zoning classification.
Page 6 - Kalispell Zoning Ordinance
When such zoning of annexed territory is to be effective at the time of
such annexation, the planning board shall have held a public hearing in
order that the city council may determine the proper zoning by an
amendment to be effective upon the effective date of such annexation.
(5) The following shall be an exception to the required lot areas as set out
in Chapters 27.04 through 27.20:
(a). Lots, parcels, or tracts of land of record in the Flathead County
Clerk and Recorder's Office with less than the area and/or
dimensional measures required by the use district imposed
which existed prior to the passage of this ordinance.
(b). Lots or development sites which, as a process of their creation,
were legally created with substandard area by the city council or
county commissioners in the approval of a subdivision
according to existing regulations therefore.
(c). Individual lots used for "row houses" or "town houses", as
defined in Chapter 27.37 of this ordinance, are not subject to
the area, yard, or other dimensional requirements of this
ordinance, but the overall premises containing said "row
houses" or "town houses" as a part of a plan of development
thereof shall be subject to the property development standards
of each zoning district.
(d). Multiple contiguous lots held in common ownership may obtain
a written zoning lot determination by the zoning administrator.
The purpose of the zoning lot determination is to recognize the
exterior boundaries of the combined lots as a single tract of land
for application of the area, dimensional, and setback
requirements of the zoning ordinance. Any modification of the
interior lot lines pursuant to a boundary line adjustment,
amended plat or other instrument, other than the elimination of
the interior lot lines, shall void the written zoning lot
determination.
(6). Any building permit or other authorization issued, granted or approved
in violation of the provisions of this ordinance shall be null and void
and of no effect without the necessity of any proceedings for a
revocation or nullification thereof. Any work undertaken or use
established pursuant to any void building permit or other authorization
shall be unlawful and no action may be taken by any officer or any
employee of the city purporting to validate any such violation.
Application of District Regulations - Page 7
(7). No building or other structure shall be erected, moved, added to,
reconstructed, or structurally altered without a permit thereon issued by
the building official or an authorized assistant.
Page 8 - Kalispell Zoning Ordinance
CHAPTER 27.04
R-1 SUBURBAN RESIDENTIAL
Sections:
27.04.010 Intent
27.04.020 Permitted Uses
27.04.030 Uses Which May Be Permitted By a Conditional Use Permit
27.04.040 Property Development Standards
27.04.010: Intent. A transitional district to provide for estate -type residential
development and for the performance of limited agricultural activities. This
district would normally be located in rural areas and serve as a buffer between
urban and unlimited agricultural uses. These areas are generally beyond the
service area of city municipal sewer and water facilities.
27.04.020: Permitted Uses.
(1). Agricultural and horticultural uses.
(2). Apiary.
(3). Boarding house, incidental (see definition).
(4). Dairy farm.
(5). Day-care (family or group day-care homes).
(6). Dwelling, single family.
(7). Guest house.
(8). Hatcheries, fish
(9). Kennels, commercial.
(10). Nursery, landscape materials.
(11). Parks.
(12). Produce stands.
(13). Riding academy and stables.
(14). Veterinary clinic, small animals.
27.04.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and Breakfast.
(2). Campground/RV park.
(3). Cemeteries/mausoleums/columbariums/crematories.
(4). Church/worship/parish/Sunday school buildings.
(5). Colleges/university-public and private.
(6). Community center/gym/swim pools -operated by public/quasi-public.
(7). Community residential facility for eight (8) or fewer persons.
R- 1 Suburban Residential- Page 9
(8). Day care center.
(9). Dwellings, cluster development.
(10). Electrical distribution station.
(11). Extractive industries.
(12). Foster or group homes serving eight (8) or fewer persons.
(13). Golf courses.
(14). Golf drive range/putting course.
(15). Law enforcement/fire stations.
(16). Railroad rights -of -way.
(17). Recreational area, non-commercial.
(18). Rock crushers.
(19). Schools, public or private, grades 1-12.
(20). Temporary building/structure.
(21). Veterinary clinic, large animals.
(22). Water treatment plants.
(23). Water storage facilities.
27.04.040: Property Development Standards.
(1). Minimum Lot Area: One Acre.
(2). Minimum Lot Width (FT): 150.
(3). Minimum Yards (FT):
Front Yard - 30
Rear Yard - 20
Side Yard - 20
Side Corner - 30
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 35
(6). Off -Street Parking: Refer to Section 27.26.
(7). Maximum Fence Heights (FT):
As per 27.22.090
Page 10 - Kalispell Zoning Ordinance
CHAPTER 27.05
R-2 SINGLE FAMILY RESIDENTIAL
Sections:
27.05.010 Intent
27.05.020 Permitted Uses
27.05.030 Uses Which May Be Permitted By Conditional Use Permit
27.05.040 Property Development Standards
27.05.010: Intent. A district to provide adequate lot areas for urban residential
development; should have good thoroughfare access, and be in proximity to
community and neighborhood facilities, i.e., schools, parks, shopping areas,
etc. This development will normally require all public utilities.
27.05.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, single family.
(4). Parks.
27.05.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and Breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public and quasi -
public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwellings, cluster development.
(7). Electrical distribution station.
(8). Foster or group homes serving eight (8) or fewer persons.
(9). Golf courses.
(10). Law enforcement/fire stations.
(11). Railroad rights -of -way.
(12). Recreational area, non-commercial.
(13). Schools, public/private, grades 1-12.
(14). Temporary building/structure.
(15). Water storage facilities.
R- 2 Residential - Page 11
27.05.040: Property Development Standards.
(1). Minimum Lot Area: 9600 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard
- 10
Rear Yard
- 10
Side Corner
- 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 35
(6). Off -Street Parking: Refer to Section 27.26.
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 12 - Kalispell Zoning Ordinance
CHAPTER 27.06
R-3 URBAN SINGLE FAMILY RESIDENTIAL
Sections:
27.06.010 Intent
27.06.020 Permitted Uses
27.06.030 Uses Which May Be Permitted By Conditional Use Permit
27.06.040 Property Development Standards
27.06.010: Intent. A residential district to provide lot areas for urban development. This
development must be served by all public utilities.
27.06.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, single family.
(4). Parks.
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public/quasi-public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwellings, cluster development.
(7). Electrical distribution station.
(8). Foster or group homes serving eight (8) or fewer persons.
(9). Golf courses.
(10). Law enforcement/fire stations.
(11). Railroad rights -of -way.
(12). Recreational area, non-commercial.
(13). Schools, public/private, grades 1-12.
(14). Temporary building/structure.
(15). Water storage facilities.
R- 3 Residential- Page 13
27.06.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard
- 5
Rear Yard
- 20
Side Corner
- 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 40
(6). Off -Street Parking: Refer to Section 27.26.
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 14 - Kalispell Zoning Ordinance
CHAPTER 27.07
R-4 TWO FAMILY RESIDENTIAL
Sections:
27.07.010 Intent
27.07.020 Permitted Uses
27.07.030 Uses Which May Be Permitted By Conditional Use Permit
27.07.040 Property Development Standards
27.07.010: Intent. A residential district with minimum lot areas. Development within the
district will require all public utilities, and all community facilities. Two-family
dwellings are permitted in this district.
27.07.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, duplex.
(4). Dwelling, single family.
(5). Parks.
27.07.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public/quasi-public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwelling, Accessory Single -Family.
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Golf courses.
(11). Law enforcement/fire stations.
(12). Railroad rights -of -way.
(13). Recreational area, non-commercial.
(14). Schools, public/private, grades 1-12.
(15). Temporary building/structure.
(16). Water storage facilities.
R- 4 Residential- Page 15
27.07.040: Property Development Standards.
(1). Minimum Lot Area: 6000 square feet
(2). Minimum Lot Width (FT): 50
(3). Minimum Yards (FT):
Front Yard - 15
Side Yard
- 5
Rear Yard
- 10
Side Corner
- 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Section 27.26.
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 16 - Kalispell Zoning Ordinance
CHAPTER 27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE
Sections:
27.08.010 Intent
27.08.020 Permitted Uses
27.08.030 Uses Which May Be Permitted By Conditional Use Permit
27.08.040 Property Development Standards
27.08.010: Intent. A district intended to accommodate professional offices where it is not
deemed desirable to permit a more intensive business activity of a retail nature.
These office structures need not be commercial in appearance; they shall be
architecturally harmonious with the adjacent residential structures. Such a
district should serve as a buffer between residential areas and other commercial
districts and should be associated with arterial or minor arterial streets.
27.08.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Boarding house, incidental (see definition).
(3). Church/worship/parish/Sunday school buildings.
(4). Clinics, medical and dental.
(5). Counseling center for the physically or mentally disabled.
(6). Day care (family or group day-care homes).
(7). Dwelling, duplex.
(8). Dwelling, single family.
(9). Insurance Sales Office (No Claims).
(10). Office, professional/governmental.
(11). Parks.
(12). Pharmacy.
(13). Photographic studios.
(14). Real estate sales offices.
(15). Title company.
(16). Travel agency.
(17). Undertaking/mortuaries/funeral homes/parlors.
27.08.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Community residential facility for eight (8) or fewer persons.
(3). Day care center.
R-5 - Residential/Professional Office- Page 17
(4). Dwellings, cluster development.
(5). Electrical distribution station.
(6). Foster or group homes serving eight (8) or fewer persons.
(7). Schools, public/private, grades 1-12.
(8). Temporary building/structure.
27.08.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 0
Side - 3.5
Rear - 6.5
Page 18 - Kalispell Zoning Ordinance
CHAPTER 27.09
RA-1 LOW DENSITY RESIDENTIAL APARTMENT
Sections:
27.09.010 Intent
27.09.020 Permitted Uses
27.09.030 Uses Which May Be Permitted By Conditional Use Permit
27.09.040 Property Development Standards
27.09.010: Intent. A residential apartment district to provide areas for multi -family use
and compatible non-residential uses of medium land use intensity. It should be
served with all public utilities and be in close proximity to municipal services
and shopping districts.
27.09.020: Permitted Uses.
(1). Boarding house, incidental.
(2). Church/worship/parish/Sunday school buildings.
(3). Day care (family or group day-care homes).
(4). Dwelling, duplex.
(5). Dwelling, single family.
(6). Parks.
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales.
(2). Bed and breakfast.
(3). Boarding house.
(4). Catering establishment/home occupation/maximum two temporary
employees.
(5). Clinics, medical when adjacent to a hospital.
(6). Colleges/university-private and public.
(7). Community center/gym/swim pools - operated by public and quasi -
public.
(8). Community residential facility for eight (8) or fewer persons.
(9). Community residential facility for more than eight (8) persons.
(10). Day care center.
(11). Dwelling, multi -family.
(12). Dwellings, cluster development.
(13). Electrical distribution station.
(14). Foster or group homes serving eight (8) or fewer persons.
RA-1 Low Density Residential Apartment- Page 19
(15). Foster or group homes serving more than eight (8) persons.
(16). Fraternity/sorority houses, must be within .5 miles of school.
(17). Golf courses.
(18). Hospital.
(19). Law enforcement/fire stations.
(20). Libraries, museums, and similar cultural facilities.
(21). Lodges/fraternal/social organizations, non-profit.
(22). Manufactured home parks.
(23). Manufactured home subdivisions.
(24). Nursing/convalescent homes for the care of the aged.
(25). Pharmacy.
(26). Personal care facility.
(27). Railroad rights -of -way.
(28). Recreational area, non-commercial.
(29). Restaurants, as an incidental use.
(30). Retirement home.
(31). Schools, commercial (see definition).
(32). Schools, private/public, grades 1-12.
(33). Shelters.
(34). Temporary building/structure.
(35). Undertaking/mortuaries/funeral homes/parlors.
(36). Water storage facilities.
27.09.040: Property Development Standards.
(1). Minimum Lot Area: 6000 sf plus 3000 sf for each additional unit
beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 20 - Kalispell Zoning Ordinance
CHAPTER 27.10
RA-2 HIGH DENSITY RESIDENTIAL APARTMENT
Sections:
27.10.010 Intent
27.10.020 Permitted Uses
27.10.030 Uses Which May Be Permitted By Conditional Use Permit
27.10.040 Property Development Standards
27.10.010: Intent. A residential apartment district to provide areas for multi -family use
and compatible non-residential uses of high land use intensity. This district is
intended for central and inner-city use and not for suburban use. This district
demands public and community facilities and a buffer area between it and other
residential districts.
27.10.020: Permitted Uses.
(1). Bed and breakfast.
(2). Boarding house.
(3). Church/worship/parish/Sunday school buildings.
(4). Day care (family or group day-care homes).
(5). Dwelling, duplex.
(6). Dwelling, single family.
(7). Parks.
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales.
(2). Catering establishment/home occupation/maximum two temporary
employees.
(3). Colleges/university-public and private.
(4). Community center/gym/swim pools -operated by public/quasi-public.
(5). Community residential facility for eight (8) or fewer persons.
(6). Community residential facility for more than eight (8) persons.
(7). Day care center.
(8). Dwelling, cluster development..
(9). Dwellings, multi -family.
(10). Electrical distribution station.
(11). Foster or group homes serving eight (8) or fewer persons.
(12). Foster or group homes serving more than eight (8) persons.
(13). Fraternity/sorority houses, must be within .5 miles of school.
RA-2 High Density Residential Apartment- Page 21
(14). Golf courses.
(15). Hospitals.
(16). Law enforcement/fire stations.
(17). Libraries, museums, and similar cultural facilities.
(18). Lodges/fraternal and social organizations, non-profit.
(19). Manufactured home parks
(20). Manufactured home subdivisions.
(21). Nursing/convalescent homes for the care of the aged.
(22). Office, operated as a home occupation with no public contact.
(23). Personal care facility.
(24). Pharmacy.
(25). Railroad rights -of -way.
(26). Recreational area, non-commercial
(27). Restaurants, as an incidental use.
(28). Retirement home.
(29). Schools, public or private, grades 1-12.
(30). Schools, commercial (see definition).
(31). Shelters.
(32). Temporary building/structure.
(33). Undertaking/mortuaries/funeral homes/parlors
(34). Water storage facilities.
27.10.040: Property Development Standards.
(1). Minimum Lot Area: 6000 sf plus 1500 sf for each additional unit
beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 40
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 22 - Kalispell Zoning Ordinance
CHAPTER 27.11
RA-3 RESIDENTIAL APARTMENT / OFFICE
Sections:
27.11.010 Intent
27.11.020 Permitted Uses
27.11.030 Uses Which May Be Permitted By Conditional Use Permit
27.11.040 Property Development Standards
27.11.010: Intent. A residential apartment -office district to provide areas for
professional, governmental, and private offices, banks, and similar institutions,
cultural and governmental facilities and limited business at locations where they
are compatible with residential apartment uses and where it is not deemed
desirable to permit a more intensive business activity of a retail nature.
This district serves as a buffer zone between other commercial districts and
adjacent residential areas. The location of this district depends on proximity to
major streets, arterials, and business districts. This district shall be located
within or adjacent to business corridors, shopping islands or the Central
Business District.
27.11.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Bed and breakfast.
(3). Boarding house.
(4). Chemical dependency/substance abuse clinic (outpatient only).
(5). Church/worship/parish/Sunday school buildings.
(6). Clinics, medical and dental.
(7). Counseling center for the physically and mentally disabled.
(8). Day care (family or group day-care homes).
(9). Dwelling, duplex.
(10). Dwelling, single family.
(11). Office, professional or governmental.
(12). Parks.
(13). Pharmacy.
(14). Title company.
RA-3 Residential Apartment/Office- Page 23
27.11.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1). Community center/gym/swim pools -operated by public/quasi-public.
(2). Community residential facility for eight (8) or fewer persons.
(3). Community residential facility for more than eight (8) persons.
(4). Day care center.
(5). Drive-in banking facility.
(6). Dwelling, multi -family.
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Foster or group homes serving more than eight (8) persons.
(11). Libraries, museums, and similar cultural facilities.
(12). Office, operated as a home occupation/no public contact.
(13). Personal care facility.
(14). Recreational area, non-commercial.
(15). Schools, public or private, grades 1-12.
(16). Shelters.
(17). Temporary building/structure.
27.11.040: Property Development Standards.
(1). Minimum Lot Area: 7000 sf plus 1500 sf for each additional unit
beyond a duplex.
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 40
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Page 24 - Kalispell Zoning Ordinance
CHAPTER 27.12
H-1 HEALTH CARE
Sections:
27.12.010 Intent
27.12.020 Permitted Uses
27.12.030 Uses Which May Be Permitted By Conditional Use Permit
27.12.040 Property Development Standards
27.12.010: Intent. A zoning district intended to provide hospital facilities and supportive
services for the care of the sick, elderly, and distraught. This zone is not
intended to serve the general retail or overnight accommodation needs of the
general public.
27.12.020: Permitted Uses.
(1). Barber and beauty services.
(2). Chemical dependency/substance abuse clinic (outpatient only).
(3). Church/worship/parish/Sunday school buildings.
(4). Clinics, medical and dental.
(5). Counseling center for the physically or mentally disabled.
(6). Day care (family or group day-care homes).
(7). Denturist.
(8). Dwelling, duplex.
(9). Dwelling, single family
(10). Florist, retail (see, also, retail business).
(11). Lifestyling center.
(12). Office, professional/governmental.
(13). Opticians/optical supplies sales.
(14). Parks.
(15). Pharmacy.
(16). Post office - satellite or neighborhood.
(17). Undertaking/mortuaries/funeral homes/parlors.
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Athletic club.
(2). Bed and breakfast.
(3). Boarding house.
(4). Community residential facility for eight (8) or fewer persons.
(5). Community residential facility for more than eight (8) persons.
H-1 Health Care - Page 25
(6). Day Care Center
(7). Drive-in banking facility.
(8). Drug stores, may include a pharmacy.
(9). Dwelling, cluster development.
(10). Dwellings, multi -family.
(11). Food stores, retail under 3,000 square feet.
(12). Foster or group homes serving eight (8) or fewer persons.
(13). Foster or group homes serving more than eight (8) persons.
(14). Heliports, for hospital use.
(15). Hospitals.
(16). Libraries, museums, and similar cultural facilities.
(17). Nursing/convalescent homes for the care of the aged.
(18). Personal care facility.
(19). Recreational area, commercial and non-commercial.
(20). Restaurant.
(21). Retirement home.
(22). Sanitarium.
(23). Temporary building/structure, excluding signs.
27.12.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet + 1,500 square feet for each
additional unit beyond a duplex.
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
Hospital - 60
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 3.5
Side - 6.5
Rear - 6.5
Page 26 - Kalispell Zoning Ordinance
CHAPTER 27.13
B-1 NEIGHBORHOOD BUFFER DISTRICT
Sections:
27.13.010 Intent
27.13.020 Permitted Uses
27.13.030 Uses Which May Be Permitted By Conditional Use Permit
27.13.040 Property Development Standards
27.13.010: Intent. A business district to provide certain commercial and professional
office uses where such uses are compatible with the adjacent residential areas.
This district should serve as a buffer between residential areas and other
commercial districts. The district is not intended for those businesses that:
(1). Require the outdoor display, sale and/or storage of merchandise,
outdoor services or operations, or outdoor consumption of food and
beverages.
27.13.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Bakery/deli, wholesale/retail, less than 1,500 square feet manufacturing
area.
(3). Business offices and any type of enterprise rendering professional or
personal services, provided: (a) Professional service does not involve
keeping the person receiving the service overnight on the premises; and
(b) Professional service does not include kennels or animal hospitals or
animal clinics.
(4). Chemical dependency/substance abuse clinic (outpatient only).
(5). Church/worship/parish/Sunday school buildings.
(6). Clinics, medical and dental.
(7). Counseling center for the physically or mentally disabled.
(8). Music education with related performance and limited sales.
(9). Office, professional/governmental.
(10). Parks.
(11). Pet shops.
(12). Photographic studios.
(13). Post office - satellite or neighborhood.
(14). Prepared food delivery facilities.
B-1 Neighborhood Buffer District - Page 27
27.13.030:
(15). Retail enterprises, no larger than 3,000 square feet in gross floor area,
dispensing on premises commodities or food, except bars, casinos,
taverns, cocktail lounges, clubs and associated commercial enterprises.
(16). Shoe Repair.
(17). Take and bake prepared food facility.
Uses Which May Be Permitted By Conditional Use Permit.
(1). Apartments, Accessory. (Amended Ordinance No. 1195.)
(2). Automobile service station (see definition).
(3). Car wash, automobile detailing shop.
(4). Community center/gym/swim pools operated by public or quasi -public.
(5). Day care center.
(6). Electrical distribution station.
(7). Law enforcement/fire stations.
(8). Libraries, museums, and similar cultural facilities.
(9). Life styling center.
(10). Railroad rights -of -way.
(11). School, commercial.
(12). Telecommunication companies and/or radio common carriers with
ancillary antennas with monopole design and a base not to exceed 12
inches and a total height not to exceed 70 feet. (Amended Ordinance
No. 1207)
(13). Transmission towers and cellular communication towers.
(14). Temporary building/structure.
(15). Water storage facilities.
27.13.040 Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 20
Side Corner - 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
Page 28 - Kalispell Zoning Ordinance
CHAPTER 27.14
B-2 GENERAL BUSINESS
Sections:
27.14.010 Intent
27.14.020 Permitted Uses
27.14.030 Uses Which May Be Permitted By Conditional Use Permit
27.14.040 Property Development Standards
27.14.010: Intent. A business district to provide areas for those retail sales and service
functions and businesses whose operations are typically characterized by
outdoor display, storage and/or sale of merchandise, by major repair of motor
vehicles, and by outdoor commercial amusement and recreational activities.
This district would also serve the general needs of the tourist and traveler.
This district depends on the proximity to major streets and arterials. This
district should be located in business corridors or in islands.
27.14.020: Permitted Uses.
(1.) Apartments, Accessory.
(2.) Appliance distributors, wholesale/repair.
(3.) Athletic club.
(4.) Automobile parking, commercial or public.
(5.) Automobile sales.
(6.) Automobile rental agency.
(7.) Automobile repair garages, excluding body shops.
(8.) Automobile service station (see definition).
(9.) Bakery/deli, wholesale and retail, less than 1,500 square feet
manufacturing area.
(10.) Banks, Savings and Loans, finance companies.
(11.) Barber and beauty services.
(12.) Boat sales, new and used.
(13.) Building materials, storage/sale including lumber yards.
(14.) Bus passenger terminal buildings, transit terminals.
(15.) Car wash, automobile detailing shop.
(16.) Catering establishments.
(17.) Church/worship/parish/Sunday school buildings.
(18.) Dairy bar/ice cream manufacturing, retail on premise.
(19.) Electrical sales and contracting companies.
B-2 General Business - Page 29
(20.) Food processing/retail on premises, no killing or dressing of flesh or
fowl.
(21.) Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(22.) Food stores, retail/under 3,000 square feet.
(23.) Garden supplies, retail sales.
(24.) Glazier.
(25.) Heating, ventilating, air conditioning (HVAQ/sheet metal shop,
sales/service.
(26.) Hotel, motel.
(27.) Janitor supplies/services/contracting
(28.) Launderette/dry cleaning, customer self-service.
(29.) Laundries/dry cleaning plants.
(30.) Liquor store.
(31.) Locksmiths or gunsmiths.
(32.) Lube station.
(33.) Manufactured home sales lot.
(34.) Massage parlor.
(35.) Motorcycle sales/repair.
(36.) Multi -family dwellings.
(37.) Music education with related performance and limited sales.
(38.) Newspaper office.
(39.) Nursery, landscape materials.
(40.) Office, professional/governmental.
(41.) Parks.
(42.) Pawn shops (no outside storage/display).
(43.) Plumbing/heating materials, retail/service only.
(44.) Plumbing shop and yard.
(45.) Post office - main distribution center.
(46.) Post office - satellite or neighborhood.
(47.) Prepared food delivery facilities.
(48.) Printing/pub/reproduction/blueprinting/photo stating establishment.
(49.) Produce stand.
(50.) Radiator repair.
(51.) Real estate sales offices.
(52.) Recreational area, commercial and non-commercial (see definition).
(53.) Rental service stores and yards
(54.) Repair/service-office/household equipment.
(55.) Restaurants.
(56.) Retail business (see definition).
(57.) Riding academy and stables.
(58.) RV sales.
(59.) Second hand stores (see definition).
(60.) Shoe repair.
(61.) Ski rental shop.
(62.) Small engine sales, service and repair (lawn mowers, saws).
Page 30 - Kalispell Zoning Ordinance
(63.) Take and bake prepared food facility.
(64.) Taxidermist.
(65.) Telecommunication companies and/or radio common carriers.
(66.) Theaters in permanent indoor structure.
(67.) Tire dealer, alignment center.
(68.) Trailer sales areas.
(69.) Travel agency.
(70.) Truck rentals, single axle, less than 20,100 pounds gvw.
(71.) Upholstery shop.
(72.) Veterinary clinic, small animals.
27.14.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Amusement park or zoo and similar out-of-doors activities.
(2). Assembly halls/coliseums/stadiums/convention hall facilities.
(3). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(4). Campground/RV Park.
(5). Casino if 300 feet or more from churches, schools, parks, residential
zones, and other casinos, measured from property line to property line.
(6). Community residential facilities for eight or fewer persons.
(7). Drive-in theaters.
(8). Electrical distribution station.
(9). Fish sales stand, temporary.
(10). Golf courses.
(11). Golf driving range/putting course.
(12). Hangars (aircraft) when abutting/contiguous to an airport.
(13). Heliports.
(14). Hostel, youth.
(15). Law enforcement/fire stations.
(16). Libraries, museums, and similar cultural facilities.
(17). Mini -storage / recreational vehicle storage.
(18). Mobile restaurant/vendor facilities.
(19). Quasi -public buildings, non-profit in character.
(20). Railroad rights -of -way.
(21). Recycling center.
(22). Restaurants, as an incidental use.
(23). Rifle range, indoor.
(24). Schools, commercial (see definition).
(25). Shelter, public or private.
(26). Temporary building/structure.
(27). Transmission towers and cellular communication towers.
(28). Water storage facilities.
B-2 General Business - Page 31
27.14.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
Page 32 - Kalispell Zoning Ordinance
CHAPTER 27.15
B-3 COMMUNITY BUSINESS
Sections:
27.15.010 Intent
27.15.020 Permitted Uses
27.15.030 Uses Which May Be Permitted By Conditional Use Permit
27.15.040 Property Development Standards
27.15.010: Intent. A business district to provide areas for the development of community
shopping areas and other retail service centers. This district shall be a business
island of not less than five acres and not a strip development. This district is
not intended to provide areas for outside sales of such items as automobiles,
manufactured housing and boats.
27.15.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Automobile repair garages, excluding body shops.
(5). Automobile service station (see definition).
(6). Bakery, deli, wholesale/retail, greater than 1,500 square feet
manufacturing area.
(7). Banks/savings and loan/finance and loan companies.
(8). Barber and beauty services.
(9). Candy products manufacture, retail on premise.
(10). Car wash, automobile detailing shop.
(11). Catering establishments.
(12). Chemical dependency/substance abuse clinic (outpatient only).
(13). Chiropractic clinic.
(14). Church/worship/parish/Sunday school buildings.
(15). Clinics, medical and dental.
(16). Coin and/or stamp dealers, lapidaries.
(17). College/business/trade/music/dance schools - no student reside.
(18). Counseling center for the physically or mentally disabled.
(19). Dairy bar/ice cream manufacturing, retail on premises.
(20). Day care center (see definition).
(21). Department stores.
(22). Food processing/retail on premises - no kill/dress of flesh/fowl.
(23). Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(24). Food stores, retail under 3,000 square feet.
B-3 Community Business - Page 33
(25). Fruit/wine bar.
(26). Furriers, retails sales and storage.
(27). Glazier.
(28). Hotel/motel.
(29). Insurance office and/or claims centers.
(30). Investment firms.
(31). Janitor supplies/services/contracting.
(32). Jewelry/watch repair and sales.
(33). Launderette/dry cleaning, customer self service.
(34). Libraries, museums, and similar cultural facilities.
(35). Liquor store.
(36). Locksmiths or gunsmiths.
(37). Lodges/fraternal/social organizations, non-profit.
(38). Massage parlor.
(39). Micro breweries and / or brew pubs in connection with a restaurant or
tavern.
(40). Music education with related performance and limited sales.
(41). Office, professional/governmental.
(42). Office equipment, supplies/sales/service.
(43). Opticians/optical supplies/sales.
(44). Parks.
(45). Pawn shop (no outside storage/display).
(46). Pet shops.
(47). Pharmacy.
(48). Photographic studios.
(49). Post office - main distribution center.
(50). Post office - satellite or neighborhood.
(51). Prepared food delivery facilities.
(52). Produce stand.
(53). Publishing/printing facilities.
(54). Real estate sales offices.
(55). Recreational area, commercial and non-commercial (see definition).
(56). Restaurants.
(57). Retail business (see definition).
(58). Second hand stores (see definition).
(59). Shoe repair.
(60). Ski rental shop.
(61). Tailors/dressmakers/milliners.
(62). Take and bake prepared food facility.
(63). Theaters in permanent indoor structure.
(64). Title company.
(65). Telecommunication companies and/or radio common carriers.
(66). Travel agency.
(67). Undertaking/mortuaries/funeral homes/parlors.
(68). Variety stores.
Page 34 - Kalispell Zoning Ordinance
27.15.030
Uses Which May Be Permitted By Conditional Use Permit.
(1). Apartments, accessory.
(2). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(3). Casino if 300 feet or more from churches, schools, parks, residential
zones, and other casinos, measured from property line to property line.
(4). Community center/gym/swim pools -operated by public/quasi-public.
(5). Drive-in banking facility.
(6). Electrical distribution station.
(7). Fish sales stand, temporary.
(8). Law enforcement/fire stations.
(9). Libraries, museums, and similar cultural facilities.
(10). Life styling center.
(11). Quasi -public buildings, non-profit in character.
(12). Railroad rights -of -way.
(13). Retail mall/community shopping center.
(14). Schools, commercial (see definition).
(15). Temporary building/structure.
(16). Transmission towers and cellular communication towers.
(17). Water storage facilities.
27.15.040 Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
B-4 Central Business - Page 35
CHAPTER 27.16
B-4 CENTRAL BUSINESS
Sections:
27.16.010 Intent
27.16.020 Permitted Uses
27.16.030 Uses Which May Be Permitted By Conditional Use Permit
27.16.040 Property Development Standards
27.16.010: Intent. A business district to set apart that portion of the city which forms the
center for financial, commercial, governmental, professional and cultural
activities. This district is not intended for general application throughout the
planning area.
27.16.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Bakery/deli, wholesale/retail.
(5). Banks/savings and loans/finance and loan companies.
(6). Barber and beauty services.
(7). Candy products manufacture, retail on premises.
(8). Car wash, automobile detailing shop.
(9). Catering establishments.
(10). Chemical dependency/substance abuse clinic (outpatient only).
(11). Chiropractic clinic.
(12). Church/worship/parish/Sunday school buildings.
(13). Clinics, medical and dental.
(14). Coin and/or stamp dealers, lapidaries.
(15). College/business/trade/music/dance schools - no student residence.
(16). Counseling center for the physically or mentally disabled.
(17). Dairy bar/ice cream manufacturing, retail on premises.
(18). Day care center (see definition).
(19). Denturist.
(20). Department stores.
(21). Dwellings, single family, duplexes and multi -family.
(22). Dwellings, multi -family above first story.
(23). Food processing/retail on premise - no kill/dress of flesh/fowl.
(24). Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(25). Food stores, retail/under 3,000 square feet.
Page 36 - Kalispell Zoning Ordinance
(26). Fruit/wine bar.
(27). Furriers, retail sales and storage.
(28). Glazier.
(29). Hotel, motel.
(30). Insurance office and/or claims centers.
(31). Investment firms.
(32). Janitor supplies/services/contracting.
(33). Jewelry/watch repair and sales.
(34). Launderette/dry cleaning, customer self service.
(35). Life styling center.
(36). Liquor store.
(37). Locksmiths or gunsmiths.
(38). Lodges/fraternal and social organizations, non-profit.
(39). Massage parlor.
(40). Music education with related performance and limited sales.
(41). Newspaper office.
(42). Office, professional/governmental.
(43). Office equipment, supplies/sales/service.
(44). Opticians/optical supplies sales.
(45). Parks.
(46). Pawn shops (no outside storage/display).
(47). Pet shops.
(48). Pharmacy.
(49). Photographic studios.
(50). Plumbing/heating materials, retail/service only.
(51). Post office - main distribution center.
(52). Post office - satellite or neighborhood.
(53). Prepared food delivery facilities.
(54). Printing/publishing/reproduction/blueprinting/photo-stating
establishments.
(55). Produce stand.
(56). Real estate sales offices.
(57). Recreational area, commercial and non-commercial.
(58). Repair/service-office/household equipment.
(59). Restaurants.
(60). Retail business (see definition).
(61). Second hand stores (see definition).
(62). Shoe repair.
(63). Ski rental shop.
(64). Tailors/dressmakers/milliners.
(65). Take and bake prepared food facility.
(66). Telecommunication companies and/or radio common carriers.
(67). Theaters in permanent indoor structures.
(68). Title company.
(69). Travel agency.
B-4 Central Business - Page 37
27.16.030:
(70). Undertaking/mortuaries/funeral homes/parlors.
(71). Variety stores.
(72). Veterinary clinic, small animals.
Uses Which May Be Permitted By Conditional Use Permit.
(1). Assembly halls/coliseums/stadiums/convention hall facilities.
(2). Automobile sales.
(3). Automobile rental agency.
(4). Automobile repair garages, excluding body shops.
(5). Automobile service station (see definition).
(6). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(7). Bus passenger terminal buildings, transit terminals.
(8). Casino if 300 feet or more from churches, schools, parks, residential
zones, and other casinos, measured from property line to property line.
(9). Drive-in banking facility.
(10). Electrical distribution station.
(11). Hostel, youth.
(12). Law enforcement/fire stations.
(13). Libraries, museums, and similar cultural facilities.
(14). Mini -brewery.
(15). Quasi -public buildings, non-profit in character.
(16). Railroad rights -of -way.
(17). Schools, commercial (see definition).
(18). Shelter, public or private.
(19). Temporary building/structure.
(20). Transmission towers and cellular communication towers.
(21). Water storage facilities.
27.16.040: Property Development Standards.
(1). Minimum Lot Area: N/A
(2). Minimum Lot Width (FT): N/A
(3). Minimum Yards (FT):
Front Yard - N/A
Side Yard - N/A
Side Corner - N/A
Rear Yard - N/A
(4). Maximum Building Height (FT): 40 (unlimited with CUP)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side -0
Rear - 0
Page 38 - Kalispell Zoning Ordinance
CHAPTER 27.17
B-5 INDUSTRIAL -COMMERCIAL
Sections:
27.17.010 Intent
27.17.020 Permitted Uses
27.17.030 Uses Which May Be Permitted By Conditional Use Permit
27.17.040 Property Development Standards
27.17.010: Intent. A zoning district intended primarily to accommodate a variety of
business, warehouse, and light -industrial uses in industrial -commercial park
development. Such uses shall not create objectionable characteristics (such as
dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond lot lines. This
district should be located near major arterials and rail services.
27.17.020: Permitted Uses.
(1). Alcohol beverage, distribution.
(2). Appliance distributors, wholesale/repair.
(3). Art foundry, metal sculpture, molding and casting.
(4). Assembly of machines and appliances.
(5). Automobile parking, commercial or public.
(6). Automobile sales.
(7). Automobile rental agency.
(8). Automobile repair garages, excluding body shops.
(9). Automobile service station (see definition).
(10). Bakeries or baking plants.
(11). Bakery/deli, wholesale/retail.
(12). Banks/savings and loans/finance and loan companies.
(13). Barber and beauty services.
(14). Bedding/carpet/upholstery - manufacturing/cleaning/renovating.
(15). Boat sales, new and used.
(16). Book bindery.
(17). Bottling works/soft drinks.
(18). Building materials, storage/sale including lumber yards.
(19). Cabinet shop.
(20). Candy products manufacture, wholesale.
(21). Car wash, automobile detailing shop.
(22). Catering establishments.
(23). Church/worship/parish/Sunday school buildings.
(24). Coin and/or stamp dealers, lapidaries.
B-5 Industrial Commercial - Page 39
(25). Cold storage plants.
(26). College/business/trade/music/dance school - no student residence.
(27). Contractor's plants/storage yards.
(28). Dairy bar/ice cream manufacturing, retail on premise.
(29). Dairy products processing/bottling/distribution.
(30). Denturist.
(31). Department stores.
(32). Electrical appliance, manufacture/assembly.
(33). Electrical sales and contracting companies
(34). Feed and seed, farm supply.
(35). Fertilizer, bulk sales.
(36). Food bank.
(37). Food processing/retail on premises -no killing or dressing of flesh or
fowl.
(38). Food products - manufacturing/storage/processing/packaging.
(39). Food store/supermarket etc. - no slaughtering of flesh/fowl.
(40). Food stores, retail under 3,000 square feet.
(41). Frozen food lockers.
(42). Furriers, retail sales and storage.
(43). Glazier.
(44). Heating, ventilation, air conditioning (HVAC)/sheet metal shop, sales
and service.
(45). Hotel, motel.
(46). Insurance office and/or claims centers.
(47). Janitor supplies/services/contracting.
(48). Jewelry and clock manufacture.
(49). Jewelry/watch repair and sales.
(50). Laboratories, commercial or industrial research and testing.
(51). Launderette/dry cleaning, customer self-service.
(52). Laundries/dry cleaning plants.
(53). Libraries, museums, and similar cultural facilities.
(54). Light assembly of small component parts.
(55). Liquor store.
(56). Locksmiths or gunsmiths.
(57). Lodges/fraternities/social organizations, non-profit.
(58). Machine shops.
(59). Mini -brewery.
(60). Mini -storage.
(61). Motorcycle sales/repair.
(62). Music education with related performance and limited sales.
(63). Newspaper office.
(64). Office, professional/governmental.
(65). Office equipment, supplies/sales/service.
(66). Ophthalmologist/optometrist office with associated retail.
(67). Optical/scientific instrument manufacturing.
Page 40 - Kalispell Zoning Ordinance
(68). Opticians/optical supplies sales.
(69). Paint and body shops.
(70). Parks.
(71). Pawn shops (no outside storage/display).
(72). Pet shops.
(73). Pharmacy.
(74). Pharmaceutical products manufacturing/ processing/ packaging/
storage.
(75). Photographic studios.
(76). Plumbing/heating materials, retail/service only.
(77). Plumbing shop and yard.
(78). Post office - satellite or neighborhood.
(79). Prepared food delivery facilities.
(80). Printing/publishing/reproduction/blueprinting/photo-stating
establishment.
(81). Public utility storage yards and associated offices.
(82). Radiator repair.
(83). Real estate sales offices.
(84). Recreational area, commercial and non-commercial (see definition).
(85). Rental service stores and yards.
(86). Repair/service-office/household equipment.
(87). Restaurants.
(88). Retail business (see definition).
(89). RV sales.
(90). Second hand stores (see definition).
(91). Shoe manufacture.
(92). Shoe repair.
(93). Sign manufacture, painting and maintenance.
(94). Small engine sales, service and repair (lawn mowers, saws).
(95). Storage warehouses/yards - no distribution/sale on premises.
(96). Tailors/dressmakers/milliners.
(97). Take and bake prepared food facility.
(98). Taxidermist.
(99). Telecommunication companies and/or radio common carriers.
(100). Theaters in permanent indoor structure.
(101). Tire dealer, alignment center.
(102). Tire recapping and retreading.
(103). Title Company.
(104). Travel agency.
(105). Truck rentals, single axle less than 20,100# gvw.
(106). Undertaking/mortuaries/funeral homes/parlors.
(107). Upholstery shop.
(108). Variety stores.
(109). Veterinary clinic, small animals.
(110). Warehousing.
B-5 Industrial Commercial - Page 41
(111). Well drilling business.
(112). Well pump sales and service.
(113). Woodworking shops, mill work.
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Assembly halls/coliseums/stadiums/convention hall facilities.
(2). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(3). Bus passenger terminal buildings, transit terminals.
(4). Casino if 300 feet or more from churches, schools, parks, residential
zones, and other casinos, measured from property line to property line.
(5). Drive-in banking facility.
(6). Electrical distribution station.
(7). Feed/seed/ processing/cleaning.
(8). Fish sales stand, temporary.
(9). Fuel oil/gas/petroleum products, bulk storage/sale.
(10). Furniture manufacture.
(11). Grain elevators.
(12). Heliports.
(13). Industry/light manufacturing - no smoke, fumes, odor, dust.
(14). Law enforcement/fire stations.
(15). Machine tool manufacture.
(16). Monument manufacture and stone cutting/sales.
(17). Pottery/porcelain/china manufacture.
(18). Quasi -public buildings, non-profit.
(19). Railroad freight yards/terminals/classification yards.
(20). Railroad rights -of -way.
(21). Recycling center.
(22). Retail mall/community shopping center.
(23). Rifle range, indoor.
(24). Schools, commercial (see definition).
(25). Shelter, public or private.
(26). Temporary building/structure.
(27). Transmission towers and cellular communication towers.
(28). Truck terminal/repair/hauling and storage yards.
(29). Water storage facilities.
Page 42 - Kalispell Zoning Ordinance
27.17.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
I-1 Light Industrial - Page 43
CHAPTER 27.18
I-1 LIGHT INDUSTRIAL
Sections:
27.18.010 Intent
27.18.020 Permitted Uses
27.18.030 Uses Which May Be Permitted By Conditional Use Permit
27.18.040 Property Development Standards
27.18.010: Intent. An industrial district to provide areas for light industrial uses that
typically do not create objectionable characteristics (such as dirt, noise, glare,
heat, odor, smoke, etc.), which extend beyond the lot lines. Such light
industrial uses would include light manufacturing, processing, fabrication and
assembling of products or materials, warehousing and storage and
transportation facilities. This district is also intended to accommodate various
adult -type uses that may otherwise infringe or negatively influence the
residential or commercial character of other zoning districts.
27.18.020: Permitted Uses.
(1). Alcohol/alcoholic beverage, manufacture.
(2). Alcohol beverage, distribution.
(3). Appliance distributors, wholesale/repair.
(4). Art foundry, metal sculpture, molding and casting.
(5). Assembly of machines and appliances.
(6). Auction house - excluding livestock/animal/fowl.
(7). Automobile, assembly and manufacture.
(8). Automobile parking, commercial or public.
(9). Automobile repair garages, excluding body shops.
(10). Automobile service station (see definition).
(11). Bakeries or baking plants.
(12). Bedding/carpet/upholstery- manufacturing, cleaning, renovating.
(13). Boat building/repair.
(14). Boat sales, new and used.
(15). Book bindery.
(16). Bottling works/soft drinks.
(17). Building materials, storage/sale including lumber yards.
(18). Bus repair and storage.
(19). Cabinet shop.
(20). Candy products manufacture, wholesale.
(21). Car wash, automobile detailing shop.
(22). Clothing manufacture.
(23). Cold storage plants.
Page 44 - Kalispell Zoning Ordinance
(24). Concrete products/paving materials/mixing plants.
(25). Contractor's plants/storage yards.
(26). Dairy bar/ice cream manufacturing, retail on premises.
(27). Dairy products processing/bottling/distribution.
(28). Electrical appliance, manufacture and assembly.
(29). Electrical sales and contracting companies.
(30). Farm implement sales and service.
(31). Farm machinery assembly, repair and sales.
(32). Feed and seed, farm supply.
(33). Fertilizer, bulk sales.
(34). Food bank.
(35). Food products manufacturing, storage, processing, and packaging.
(36). Frozen food lockers.
(37). Furriers, retail sales and storage.
(38). Garden supplies, retail sales.
(39). Gases, liquified petroleum in portable metal cylinders, storage and
sales.
(40). Hangers (airplane).
(41). Hatcheries, fish.
(42). Heating, ventilation, air conditioning (HVAC)/sheet metal shop,sales
and service.
(43). Heavy equipment sales and service.
(44). Ice manufacture, storage and sales.
(45). Janitor supplies/services/contracting.
(46). Jewelry and clock manufacture.
(47). Laboratories, commercial or industrial research and testing.
(48). Laundries/dry cleaning plants.
(49). Light assembly of small gadgets/widgets.
(50). Locksmiths or gunsmiths.
(51). Machine shops.
(52). Manufactured home sales lot.
(53). Mini -brewery.
(54). Mini -storage.
(55). Motorcycle sales and repair.
(56). Musical instrument manufacture.
(57). Optical/scientific instrument manufacturing.
(58). Paint and body shops.
(59). Parks.
(60). Pharmaceutical products, manufacturing, processing, packaging,
storage.
(61). Plumbing and heating materials, retail and service only.
(62). Plumbing shop and yard.
(63). Prefabricated building materials, assembly and manufacture.
(64). Printing, publishing, reproduction, blueprinting, and photostating
establishments.
I-1 Light Industrial - Page 45
(65). Public utility storage yards and associated offices.
(66). Radiator repair.
(67). Rag, bag, and carpet cleaning establishments.
(68). Rental service stores and yards.
(69). Repair/service of industrial equipment or machinery.
(70). Repair/service of office and household equipment.
(71). Retail restricted (see definition)
(72). Second hand stores (see definition).
(73). Shoe manufacture.
(74). Sign manufacture, painting and maintenance.
(75). Storage warehouses, yards - no distribution or sale on premises.
(76). Taxidermist.
(77). Tire dealer, alignment center.
(78). Tire recapping and retreading.
(79). Trailer sales areas.
(80). Truck rentals, single axle, less than 20,100# gvw.
(81). Upholstery shop.
(82). Warehousing.
(83). Waste paper/rags collection and baling.
(84). Well drilling business.
(85). Well pump sales and service.
(86). Woodworking shops, mill work.
27.18.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports and landing fields.
(2). Auction yards, livestock.
(3). Auto wrecking/junk yards (see definition).
(4). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(5). Bulk storage of liquified propane and similar flammables.
(6). Canvas/burlap products manufacturing, sales, and storage.
(7). Casino if 300 feet or more from churches, schools, parks, residential
zones, and other casinos, measured from property line to property line.
(8). China manufacture.
(9). Electrical distribution station.
(10). Electric light/power generating station.
(11). Emery cloth/sandpaper manufacturing.
(12). Enameling, japanning, lacquering, plating, galvanizing of metal.
(13). Excelsior/fiber manufacture.
(14). Explosives, ammunition, fireworks, gunpowder manufacturing.
(15). Extractive industries.
(16). Feed/seed processing and cleaning.
(17). Flour mill.
(18). Fuel oil, gas, petroleum products bulk storage and sales.
(19). Furniture manufacture.
Page 46 - Kalispell Zoning Ordinance
(20). Gasoline storage (comply with fire code).
(21). Glass or glass products manufacture.
(22). Grain elevators.
(23). Heliports.
(24). Hosiery manufacture.
(25). Industry/light manufacturing - no smoke, fumes, odor, dust.
(26). Insulation material manufacture and sales.
(27). Landfill, sanitary disposal.
(28). Law enforcement/fire stations.
(29). Libraries, museums, and similar cultural facilities.
(30). Machine tool manufacture.
(31). Monument manufacture and stone cutting and sales.
(32). Pottery, porcelain and china manufacture.
(33). Radio/tv broadcasting stations.
(34). Railroad freight yards/terminals/classification yards.
(35). Railroad rights -of -way.
(36). Recycling center.
(37). Rifle range, indoor.
(38). Rock crushers.
(39). Rodenticide, insecticide, pesticide mixing plants.
(40). Schools, commercial (see definition).
(41). Sexually oriented business.
(42). Sewage treatment plant.
(43). Temporary building/structure.
(44). Textile machinery manufacture.
(45). Textile manufacture.
(46). Tile manufacturing.
(47). Transmission towers and cellular communication towers.
(48). Truck terminal/repair/hauling and storage yards.
(49). Veterinary clinic, large animals.
(50). Water treatment plants.
(51). Water storage facilities.
27.18.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 10
Side Corner - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
I-1 Light Industrial - Page 47
(7). Maximum Fence Heights (FT):
Front - 10
Side - 10
Rear - 10
Page 48 - Kalispell Zoning Ordinance
CHAPTER 27.19
I-2 HEAVY INDUSTRIAL
Sections:
27.19.010 Intent
27.19.020 Permitted Uses
27.19.030 Uses Which May Be Permitted By Conditional Use Permit
27.19.040 Property Development Standards
27.19.010: Intent. An industrial district to provide areas for heavy industrial uses to
accommodate heavy manufacturing, processing, fabrication and assembling of
products or materials. It is also intended that the encroachment of non-
industrial uses within the district be prevented.
27.19.020: Permitted Uses.
(1). Acetylene gas, manufacture and storage.
(2). Agricultural and horticultural uses.
(3). Alcohol/alcoholic beverage manufacture.
(4). Art foundry, metal sculpture, molding and casting.
(5). Assembly of machines and appliances.
(6). Automobile assembly and manufacture.
(7). Automobile repair garages, excluding body shops.
(8). Automobile service station (see definition).
(9). Bakeries or baking plants.
(10). Bedding, carpet and upholstery manufacture, cleaning and renovating.
(11). Blacksmith.
(12). Blast furnace.
(13). Boat building and repair.
(14). Boiler works.
(15). Book bindery.
(16). Bottling works/soft drinks.
(17). Building materials, storage and sale including lumber yards.
(18). Bus repair and storage.
(19). Can and container manufacture.
(20). Car wash, automobile detailing shop.
(21). Chemicals and allied products manufacture.
(22). Clothing manufacture.
(23). Coal and coke yards.
(24). Cold storage plants.
(25). Concrete products, paving materials, mixing plants.
I-2 Heavy Industrial - Page 49
(26). Contractor's plants/storage yards.
(27). Dairy products processing, bottling and distribution.
(28). Dry kiln (see also forest products processing).
(29). Electrical appliance, manufacture and assembly.
(30). Farm machinery assembly, repair and sales.
(31). Feed and seed, farm supply.
(32). Fertilizer, bulk sales.
(33). Food products manufacture, storage, processing, and packaging.
(34). Frozen food lockers.
(35). Gases/liquified petroleum in portable metal cylinders, storage and sales.
(36). Hatcheries.
(37). Heating, ventilation, air conditioning (HVAC)/sheet metal shop, sales
and service.
(38). Ice manufacture, storage and sales.
(39). Jewelry and clock manufacture.
(40). Laboratories, commercial or industrial research and testing.
(41). Laundries and dry cleaning plants.
(42). Light assembly of small gadgets or widgets.
(43). Machine shops.
(44). Motorcycle sales and repair.
(45). Musical instrument manufacture.
(46). Optical and scientific instrument manufacture.
(47). Paint and body shops.
(48). Parks.
(49). Pharmaceutical products, manufacturing, processing, packaging, and
storage.
(50). Plumbing shop and yard.
(51). Poultry, killing and dressing for wholesale and retail.
(52). Prefabricated building materials, assembly/manufacture.
(53). Public utility storage yards and associated offices.
(54). Rag, bag, carpet cleaning establishments.
(55). Railroad car repairs and manufacture.
(56). Repair and service of industrial equipment and machinery.
(57). Shoe manufacture.
(58). Sign manufacture, painting and maintenance.
(59). Storage warehouses and yards - no distribution or sale on premises.
(60). Tire recapping and retreading.
(61). Warehousing.
(62). Waste paper and rags, collection and baling.
(63). Well drilling business.
(64). Woodworking shops, mill work.
Page 50 - Kalispell Zoning Ordinance
27.19.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Acid manufacture.
(2). Airports and landing fields.
(3). Ammonia, bleach, and chlorine manufacture.
(4). Asphalt manufacture.
(5). Auction yards, livestock.
(6). Auto wrecking and junk yards (see definition).
(7). Brick, tile and terra cotta manufacture.
(8). Canvas and burlap products, manufacture, sales and storage.
(9). Cellophane manufacture.
(10). Cement, lime and plaster manufacture.
(11). China manufacture.
(12). Cosmetics and perfume manufacture.
(13). Creosote manufacturing and treatment plants.
(14). Distillation of bones, coal, petroleum, refuse, grain, tar and wood.
(15). Dye stuff manufacture.
(16). Electrical distribution station.
(17). Electric light and power generating station.
(18). Emery cloth, sandpaper manufacture.
(19). Enameling, japanning, lacquering, plating, galvanizing of metal.
(20). Excelsior and fiber manufacture.
(21). Explosives, ammunition, fireworks, gunpowder manufacturing.
(22). Extractive industries.
(23). Fat rendering by boiling or distillation.
(24). Feed and seed, processing and cleaning.
(25). Felt manufacture.
(26). Fertilizer manufacture.
(27). Flour mill.
(28). Forest products processing.
(29). Forging plants.
(30). Foundry and metal fabrication plants.
(31). Fuel oil, gas, petroleum products, bulk storage and sale.
(32). Furniture manufacture.
(33). Gasoline storage (comply with fire code).
(34). Glass or glass products manufacture.
(35). Glue and size manufacture.
(36). Grain elevators.
(37). Heliports.
(38). Hosiery manufacture.
(39). Industrial chemical manufacture except highly corrosive materials.
(40). Industry, heavy - uses not named but similar to other I-2 uses.
(41). Industry, light manufacturing - no smoke, fumes, odor, and dust.
(42). Insulation material manufacture and sale.
(43). Landfill, sanitary disposal.
I-2 Heavy Industrial - Page 51
(44). Law enforcement, fire stations.
(45). Libraries, museums and similar cultural facilities.
(46). Linseed oil, shellac, turpentine, manufacturing and refining.
(47). Log storage.
(48). Lubrication, grease manufacture, oil compounding.
(49). Lumber, plywood, shingle mills.
(50). Machine tool manufacture.
(51). Meat processing, packing and slaughter.
(52). Metal fabrication, boiler, tank works.
(53). Monument manufacture and stone cutting and sales.
(54). Oil cloth or linoleum manufacture.
(55). Ore reduction.
(56). Oxygen manufacture and/or storage.
(57). Paint and enamel manufacture.
(58). Paper, pulp, cardboard, box, building, plaster, wallboard
manufacturing.
(59). Petroleum products in unpressurized tanks less than 15,000 gal
capacity.
(60). Planing or sawmills (see also forest products processing).
(61). Plastics manufacture.
(62). Plating works.
(63). Pottery, porcelain and china manufacture.
(64). Radio, tv broadcast stations.
(65). Railroad freight yards, terminals, classification yards.
(66). Railroad rights -of -way.
(67). Rock crushers.
(68). Rodenticide, insecticide, and pesticide mixing plants.
(69). Rubber manufacture.
(70). Scrap processing yard.
(71). Sewage treatment plant.
(72). Slaughterhouse.
(73). Smelting, refining of aluminum, copper, tin, zinc, and other metals.
(74). Soap, detergent, washing compound manufacture.
(75). Tanning, cutting, curing, and cleaning of green hides or skins.
(76). Tar and waterproofing materials manufacture.
(77). Temporary building/structure.
(78). Textile machinery manufacture.
(79). Textile manufacture.
(80). Tile manufacturing.
(81). Transmission towers and cellular communication towers.
(82). Truck terminal, repair and hauling and storage yards.
(83). Water treatment plants.
(84). Water storage facilities.
Page 52 - Kalispell Zoning Ordinance
27.19.040: Property Development Standards.
(1). Minimum Lot Area: 7500 square feet
(2). Minimum Lot Width (FT): 75
(3). Minimum Yards (FT):
Front Yard - 40
Side Yard - 20
Rear Yard - 40
Side Corner - 40
(1). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(2). Permitted Lot Coverage (%): N/A
(3). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(4). Maximum Fence Heights (FT):
Front - 10
Side - 10
Rear - 10
P-1 Public - Page 53
CHAPTER 27.20
P-1 PUBLIC
Sections:
27.20.010 Intent
27.20.020 Permitted Uses
27.20.030 Uses Which May Be Permitted By Conditional Use Permit
27.20.040 Property Development Standards
27.20.010: Intent. A public district to provide and reserve areas for public uses in order
to preserve and provide adequate land for a variety of community facilities
which serve the public health, safety and general welfare. Such public uses
would include schools, public buildings, parks, and open spaces, etc.
27.20.020: Permitted Uses.
(1). Lodges, fraternal and social organizations, non-profit.
(2). Office buildings, governmental.
(3). Parks.
27.20.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports, hangers and landing fields.
(2). Amusement park or zoo and similar out-of-doors activities.
(3). Assembly halls, coliseums, stadiums, convention hall facilities.
(4). Cemeteries, mausoleums, columbariums, crematories.
(5). Colleges, university - public and private.
(6). Community center, gym, swim pools - operated by public and quasi -
public.
(7). Community residential facility for eight (8) or fewer persons.
(8). Community residential facility for more than eight (8) persons.
(9). Electrical distribution station.
(10). Electric light and power generating station.
(11). Foster or group homes serving eight (8) or fewer persons.
(12). Foster or group homes serving more than eight (8) persons.
(13). Fraternity, sorority houses, must be within .5 miles of school.
(14). Golf courses.
(15). Golf drive range and putting course.
(16). Heliports.
(17). Jail facilities, municipal or county.
(18). Landfill, sanitary disposal.
Page 54 - Kalispell Zoning Ordinance
(19). Law enforcement, fire stations.
(20). Libraries, museums, and similar cultural facilities.
(21). Public fair grounds.
(22). Railroad rights -of -way.
(23). Retirement home.
(24). Sanitarium.
(25). Schools, public and private, grades 1-12.
(26). Sewage treatment plant.
(27). Temporary building, structure.
(28). Transmission towers and cellular communication towers.
(29). Water treatment plants.
(30). Water storage facilities.
27.20.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 65
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Side Corner - 20
Rear Yard - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per 27.22.090.
Creation of Planned Unit Development District - Page 55
CHAPTER 27.21
CHANGE OF ZONING TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
OR CREATION OF PLANNED UNIT DEVELOPMENT DISTRICT
Sections:
27.21.010
Intent
27.21.020
General
27.21.030
Standards for Planned Unit Development District (PUD)
27.21.010: Intent. It is the intent of this chapter to provide a zoning district classification
which may provide flexibility of architectural design and mixing of land uses
while preserving and enhancing integrity and environmental values of an area.
27.21.020: General. The following application and review procedures shall apply to
designation and approval of all planned unit developments in the city.
(1). Initiation of Application: The land owner shall submit an application
to the zoning commission for a change of zoning from the existing
district to a proposed PUD district or for creation of a PUD district on
annexation of the property into the city. The application shall be
accompanied by a preliminary plan containing the information required
in Section 27.21.030(5). In cases where the development will be
executed in increments, a schedule showing the time within each part
will be filed and completed, shall also be included in the application.
(2). Review of Application: Upon submission of the application and
preliminary plan, the zoning commission shall review such application
and plan based on the following:
(a). The extent to which the plan departs from zoning and
subdivision regulations otherwise applicable to the subject
property, including, but not limited to, density, bulk and use,
and the reasons why such departures are or are not deemed to
be in the public interest;
(b). The nature and extent of the common open space in the planned
development project, the reliability of the proposals for
maintenance and conservation of the common open space and
the adequacy or inadequacy of the amount and function of the
open space in terms of the land use, densities and dwelling types
proposed in the plan;
Page 56 - Kalispell Zoning Ordinance
(c). The manner in which said plan does or does not make adequate
provision for public services, provide adequate control over
vehicular traffic and further the amenities of light or air,
recreation and visual enjoyment;
(d). The relationship, beneficial or adverse, of the planned
development project upon the neighborhood in which it is
proposed to be established;
(e). In the case of a plan which proposes development over a period
of years, the sufficiency of the terms and conditions proposed to
protect and maintain the integrity of the plan which finding shall
be made only after consultation with the city attorney;
(f). Conformity with all applicable provisions of this chapter.
(3). Action by the Zoning Commission. The zoning commission shall
review the plans and shall hold a public hearing on the application
pursuant to Section 27.30.030. Within thirty days after the public
hearing, the zoning commission shall submit its recommendations to the
city council. The zoning commission may recommend approval in
whole or in part, with or without modifications, or recommend
disapproval. Such recommendations shall include:
(a). Lot area;
(b). Uses;
(c). Ratios of floor space to land area;
(d). Area in which structures may be built ("buildable area");
(e). Open space and landscaping;
(f). Setback lines and minimum yards;
(g). Building separations;
(h). Height of structures;
(i). Signs;
0). Off-street parking and loading spaces;
(k). Design standards; and,
(1). Phasing of development.
(4). Action by the City Council. The city council shall consider the
recommendation of the zoning commission and, pursuant to a public
hearing called by them within 60 days following receipt of the
recommendation, may affirm, modify or deny the PUD plan. If the plan
is approved, the applicant shall submit a final plan in accordance with
the approval of the city council. When the city council approves the
final plan and plat, the area of land involved shall be redesignated as a
Creation of Planned Unit Development District - Page 57
PUD district by ordinance which shall incorporate the final plan,
including any conditions or restrictions that may be imposed by the city
council. Eaeh PUD distfiet cfeated shall be mbe fe,a eenseoutively,
e.g., PUD , PUD ,
(5). Effect of Approval. The final plat as approved, together with the
conditions and restrictions imposed, shall constitute the zoning for the
district. No building permit shall be issued for any structure within the
district unless such structure conforms to the provisions of the plan.
(6). Abandonment or Expiration. The zoning administrator or other
appropriate city official shall monitor the Planned Unit Development
for compliance with the completion schedule set forth in the approved
development plan and to assure that all improvements have been made
in accordance with the approved development plan. Notice of
noncompliance with completion schedule or failure to install
improvements in accordance with approved development plan shall be
delivered in writing to the landowner and/or developer. Within ninety
days of the notice of noncompliance or notice of failure to complete
improvements, the landowner and/or developer may apply to the city
council for an extension of time. Said application shall set forth a
proposed completion schedule and/or new timetable for installation of
the improvements. Upon the application of the landowner and/or
developer, the city council may grant only one extension.
Upon the abandonment of a development authorized under this section,
the zoning commission or city council shall initiate an amendment to
the Official Map so that the land will be rezoned in a category or
categories which most nearly approximate its then existing use or such
other zoning category or categories which it deems appropriate or into
the category or categories it held before being zoned as a PUD district.
(Abandonment shall be deemed to have occurred when no
improvements have been made pursuant to the approved development
plan for a period of twelve months or upon the expiration of the
completion schedule approved as a part of the development plan for a
development which has not been completed. Improvements as used in
this section shall mean those activities, excluding design and financing,
necessary for the orderly development of property; including
installation of private and public roads, sidewalks and curbs, public and
private utilities, street lighting, construction of buildings and
landscaping, and other changes in the property designed in the
approved development plan).
(7). Limitation on Rezoning. The zoning commission shall not initiate any
amendment to the zoning ordinance or Official Map concerning the
Page 58 - Kalispell Zoning Ordinance
property involved in a Planned Unit Development before the
completion of the development as long as development is in conformity
with the approved detailed Planned Unit Development and proceeding
in accordance with the time requirements imposed therein. From and
after approval of the Planned Unit Development by the city council
under Sections 27.21.020(4) and 27.21.020(5) the building official is
authorized to issue appropriate permits complying with approved plan.
27.21.030: Standards for Planned Unit Development District (PUD).
(1). Location of PUD. A PUD district shall be located in an area where
public and private facilities and services are available or are to become
available by the time the development reaches the stage where they will
be required.
(2). Land Area Requirement. The minimum land area required for a
change to or designation as a PUD shall be two acres and shall be
under single ownership. In determining whether minimum area
requirements for a PUD district have been met, computations shall
include the entire area within the boundaries of the district proposed,
including the area of streets. Lands in such districts may be divided into
streets, but shall be so located, dimensioned and arranged as to permit
unified planning and development, to meet all requirements for PUD
districts and to provide adequate protection for uses within the district
and in surrounding areas.
(3). Establishment of PUD Districts. The following locational criteria
shall govern the type of planned unit developments that may be
reviewed and approved by the city council.
(a). Residential PUD District. Residential PUD districts can be
established only in areas zoned R-1 through R-4, RA-1 through
RA-3 districts or directly upon annexation in any area
designated as "residential" in the Kalispell City County Maste
Plan -Growth Policy.
(b). Commercial PUD District. A commercial PUD district may be
established in B-2 through B-5 zones, or may be applied
directly upon annexation into the City in accordance with the
Kalispell City County M rite, Plan Growth Policy
(c). Industrial PUD District. An industrial PUD may be established
in I-1, I-2, and B-5 zones or may be applied directly upon
annexation into the city, in accordance with the Kalispell Cty-
r.,, my Mrite, Pl , Growth Policy.
Creation of Planned Unit Development District - Page 59
(d). Mixed Use PUD. Based on site plan review, and after
establishing compatibility with the adjoining land uses and
determining that the adverse environmental impacts shall only
be minimal and can be mitigated, the city council may allow a
Mixed Use PUD in any district which qualifies for a Residential,
Commercial, or Industrial PUD.
(4). Use Regulations. The following regulations shall apply to permitted
uses and densities in various types of Planned Unit Developments.
(a). Residential PUD. Within a Residential PUD District, the uses
and structures permitted in R-1 through R-4 zones and RA-1
through RA-3 zones shall be allowed. Residential dwelling unit
densities within a proposed residential PUD district shall be as
follows:
Residential PUD Created
R-1 District
R-2 District
R-3 District
R-4 District
RA-1 District
RA-2 District
RA-3 District
Maximum Permissible
Density
3 dwelling units/acre
5 dwelling units/acre
7 dwelling units/acre
10 dwelling units/acre
24 dwelling units/acre
33 dwelling units/acre
33 dwelling units/acre
Commercial uses may be allowed in residential PUD district, provided:
(1). Such establishments and their parking areas shall not occupy
more than ten percent (10%) of the land area of the Planned
Unit Development district of gross area 5.0 acres or more. For
those under 5.0 acres in area, the permissible gross commercial
area shall be subject to negotiation with the zoning commission
and the city council but shall not exceed 10% of the land area.
(2). Such establishments shall be limited to trade and service
facilities such as small retail stores, coin -operated laundry and
dry cleaning establishments, beauty shops and barber shops.
However, service stations and repair garages shall not be
permitted;
Page 60 - Kalispell Zoning Ordinance
(3). Such establishments shall be so located, designed and operated
as to serve primarily the needs of persons within the district and
not persons residing elsewhere;
(4). No building permit for any convenience commercial
establishment shall be issued nor may any building be used for
convenience commercial establishment before sixty percent
(60%) of the dwelling units contemplated in the development
plan have been built and ready for occupancy;
(5). The acreage proposed for commercial use and its parking shall
be excluded from the gross acreage when computing total
allowable dwelling units.
(a). Commercial PUD. The uses permitted in a Commercial
PUD district shall be the same as those permitted as
Conditional or otherwise in the zoning classification
associated with the PUD created. For example, in a B-3
PUD, all permitted and conditional uses in a B-3 zone
may be allowed.
(b). Industrial PUD. The uses permitted in an Industrial
PUD district shall be the same as those permitted as a
Conditional Use or otherwise, in the zoning
classification associated with the PUD district created.
For example, in an I-1 PUD district, all permitted and
conditional uses associated with an I-1 zone, may be
allowed.
(c). Non -Residential Mixed Use PUD. The uses appropriate
to a Mixed Use PUD located in any district which
qualifies for a Commercial or Industrial PUD shall be
determined by the city council in conjunction with the
PUD preliminary approval on the basis of (a) their
compatibility with the surrounding land uses and (b)
their compatibility with one another.
(d). Residential Mixed Use PUD. A Mixed Use PUD
proposed in a residential district [refer to
27.21.030(3)(a)] may be permitted with both residential
and commercial uses as per the following criteria:
1). The minimum land area for a Mixed Use PUD in
a residential district is twenty (20) acres
Creation of Planned Unit Development District - Page 61
2). The predominant land use character of the
district must be residential;
3). The residential uses appropriate to a Mixed Use
PUD in a residential district are as permitted in a
Residential PUD;
4). The maximum permissible building height is 35
feet;
5). The combined area of all commercial uses
cannot exceed thirty-five percent (35%)
including the area of all associated facilities, such
as parking;
6). The maximum permissible ground coverage
including all roads, buildings, and other areas of
impervious coverage must be less than 70%;
7). Industrial and noncompatible commercial uses
are not permitted. Commercial uses that may be
permitted include all uses permitted or
conditionally permitted in B-1, B-2, and B-3
zones with the following exceptions, which will
not be permitted:
Automobile commercial parking enterprises;
automobile sales; automobile rental agency
office; automobile service stations except those
with pump services only; boat sales; car washing
and waxing in conjunction with an automobile
service station; food processing plant; casinos;
motels/hotels; plumbing and heating materials
retail and service; wholesale and "jobbing"
establishments.
8). Vehicular access to all uses and/or activities of
the Mixed Use PUD shall be limited to the
internal road system of the Mixed Use PUD.
Frontage of uses on a perimeter road/highway
system shall be prohibited.
9). Such commercial establishments shall be
architecturally harmonious and compatible with
the associated residential uses and primarily
Page 62 - Kalispell Zoning Ordinance
serve the needs of the persons residing in the
district and those in the immediate vicinity; and,
10). In the event that plans for a Mixed Use PUD
include a commercial use not specifically
provided by Section 27.21.030(4)(de)7), then
the city council of Kalispell shall make a
determination on whether such use is generally
compatible with residential uses and with the
"mix" of uses proposed in the PUD.
(5). PUD Preliminary Plan. The property owner applying for a PUD
district classification shall submit three copies of a PUD preliminary
plan which shall contain the following information. If a PUD also
involves a subdivision, the submittal shall also include the information
and documents required for application stated in the Kalispell
Subdivision Regulations.
(a). Proposed dimensional layout plan super -imposed on a two to
five foot interval topographic map of the area drawn to a scale
not less than one inch equals two hundred feet showing all
streets, buildings, open space, lots and other elements basic to
the development;
(b). Proposed locations, areas, densities and types of residential and
nonresidential uses and structures within the area proposed to
be developed and maximum height of buildings or structure;
(c). Proposed plans for handling vehicular traffic, parking, sewage
disposal, drainage, water supply, site perimeter treatment and
other pertinent site development features;
(d). Elevation drawings which demonstrate visually the general
architectural features of each proposed building or
architecturally distinct group or type of buildings and the site
perimeter treatment;
(e). The plan shall show the boundary lines of adjacent subdivided
or unsubdivided land and the existing zoning of the area
proposed to be changed to PUD as well as the land adjacent
thereto;
(f). An enumeration of covenants in detail proposed to be made a
part of the PUD and shall be enforceable by the city council;
Creation of Planned Unit Development District - Page 63
(g). A statement expressing the order in which the development
shall occur and estimated time for completing the development.
In case of a phased development, estimated time schedule for
starting and completing each phase of the development shall be
provided;
(h). Adequate provisions shall be made for a private organization
with direct responsibility to, and control by, the property
owners involved to provide for the operation and maintenance
of all common facilities, including private streets jointly shared
by each property owner, if such facilities are a part of the
Planned Unit Development, and in such instance, legal
assurances shall be provided which show that the private
organization is self-perpetuating and adequately funded to
accomplish its purposes. Real property taxes of the private
streets and common areas shall be assessed as levied pro rata to
all privately owned parcels within the district;
(i). Adequate provisions shall be made for common facilities which
are not dedicated to the public to be maintained to standards
assuring continuous and adequate maintenance at a reasonable
and nondiscriminatory rate of charge to be beneficiaries thereof.
Common facilities not dedicated to the public shall be operated
and maintained by the private organization and at no expense to
any governmental unit;
All private streets shall be maintained by the aforesaid private
organization in such a manner that adequate and safe access is
provided at all times to vehicular traffic so that fire, police,
health, sanitation and public utility vehicles can serve the
properties contiguous or adjacent thereto and so that said
vehicles will have adequate turning area;
(k). The off-street parking to be provided shall meet the minimum
standards for off-street parking as per Chapter 27.26 of the
Kalispell Zoning Ordinance;
(1). Where a PUD also involves a subdivision of land, it shall also
meet the requirements of the Kalispell Subdivision Regulations
and the Montana Subdivision and Platting Act;
(m). The city council shall require bonding or any other appropriate
collateral to ensure that all required improvements shall be
satisfactorily completed in accordance to the approved plans,
specifications and time schedule; and,
Page 64 - Kalispell Zoning Ordinance
(n). Any other information, plans and details which the planning
board and/or city council may desire to fully evaluate the
development proposal and its impacts.
(6). Preparation of Final Plan. Upon approval of the preliminary plan by
the city council, the property owner may proceed with the preparation
of the PUD final plan which shall:
(a). Incorporate all the conditions imposed by the city council at the
time of approval of the preliminary plan;
(b). Have the following certification on the face of the plat:
I 1 owner and
developer of the property set forth above, do hereby agree that I will
develop the above property as a Planned Unit Development in
accordance to the submitted PUD plan.
Signature
Property Owner//Developer
Approved this day of 19 , by the
Kalispell City Council.
Attest:
City Finance Director
(7). Filing and Maintenance of Final Plan. The applicant shall submit
four signed copies of the PUD, final plan and related documents to the
Flathead Regional Development r'City planning office. Upon
approval by the city council, one signed copy of the plan shall be
returned to the applicant, a signed copy shall be retained on file in the
City Finance Director's Office and one signed copy each shall be
forwarded to the Flathead Regional Development r'f^^ and the city
building official.
Supplementary Regulations - Page 65
CHAPTER 27.22
SUPPLEMENTARY REGULATIONS
Sections:
27.22.010
Intent
27.22.020
Accessory Uses
27.22.030
Design Standards for Single Family Dwellings
27.22.040
Site Plan Review
27.22.050
Greenbelts
27.22.060
Principal Structures
27.22.070
Exceptions to Height Regulations
27.22.080
Structures To Have Access
27.22.090
Fences, Walls, and Hedges
27.22.100
Lots in Two Zones
27.22.110
Visibility at Intersections
27.22.120
Neighborhood Plans
27.22.130
Sublots
27.22.010: Intent. The supplementary regulations listed and described herein apply to a
specific district, to several districts, or to all districts. These regulations pertain
to certain specific uses, authorize certain exemptions, or relate to unusual
conditions.
27.22.020: Accessory Uses. The uses of land, buildings, and other structures permitted in
each of the districts established by this (zoning) ordinance are designated by
tables or lists of principal uses permitted. In addition to such principal uses, this
section shall regulate uses customarily incidental to any principal uses
permitted in the district.
(1). General Provisions. Each permitted accessory use shall:
(a). Be customarily incidental to the principal use established on the
same lot.
(b). Be subordinate to and serve such principal use.
(c). Be subordinate in area, extent, and purpose to such principal
use.
(d). Contribute to the comfort, convenience, or necessity of users of
such principal use.
Page 66 - Kalispell Zoning Ordinance
(2). Application to Zoning Districts. The accessory uses, buildings or other
structures permitted in each zoning classification may include the following:
(a). In the R-1, R-2, R-3, R-4, and R-5 zones:
1). Fences as regulated by 27.22.090.
2). Private garages and sheds for the storage or maintenance of
recreation and yard equipment used on the premises.
3). Private greenhouses, vegetable, fruit, or flower garden.
4). Structures for the shelter of household pets except kennels.
5). Noncommercial communication towers and satellite receiving
devices when located in the rear yard. Engineered installation
shall be required if the structure(s) extend to a height that
would cross property lines if it collapsed or fell.
6). Gazebos, enclosed patios and similar buildings for recreational
use.
7). Roadside stands in an R-1 zone only for the sale of produce
grown on the premises provided that such a stand shall not
contain more than 600 square foot of floor area, the stand is
located not less than 20 feet from a street, and access to the
stand is from an entrance to the farm or residence.
8). Private recreational uses and facilities including but not limited
to swimming pools and tennis courts.
9). Signs as regulated by Chapter 27.24.
10). Off-street parking as regulated by Chapter 27.26.
11). 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.
Supplementary Regulations - Page 67
(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). An accessory single family dwelling may not be rented
or leased as a separate residence unless the property
owner maintains permanent residence in the primary
dwelling.
(v). 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 circumstance
that justifies the granting of a variance from the property
development standards of Section 27.07.040.
(vi). 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.
(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.
(c). In the H-1 zone:
1). For residential uses, the accessory uses included in
subsection (2)(b) shall be permitted.
2). Uses incidental to permitted hospitals such as gift shops,
cafeteria, medical and nursing instruction, chapel,
laundry, etc. and oversized parking for recreational
vehicles. No individual sanitary sewer hookups are
permitted in these RV spaces.
3). Signs as regulated by Chapter 27.24.
4). Off-street parking as regulated by Chapter 27.26 and
off-street loading as regulated by Chapter 27.27.
Page 68 - Kalispell Zoning Ordinance
5). Fences as regulated by 27.27.090.
(d). In the B and P zones except B-5:
1). Storage building incidental to the primary use.
2). Signs as regulated by Chapter 27.24.
3). Off-street parking as regulated by Chapter 27.26 and
off-street loading as regulated by Chapter 27.27.
4). Fences as regulated by Section 27.22.090.
5). Uses incidental to permitted hotels such as clubs, gift
shops, restaurant, etc.
e) In the B-5 and I zones:
1). Offices.
2). Employee cafeteria.
3). Watchman's quarters.
4). Signs as regulated by Chapter 27.24.
5). Parking and loading as regulated by Chapters 27.26 and
27.27 respectively.
6). Fences as regulated by 27.22.090
(3). Accessory use restrictions. The following is a list of restrictions on
accessory uses and structures:
(a). No accessory structures except fences, walls, hedges, and
residential garages on lots that do not abut an alley, shall be
located in any front yard, provided, however, that garages may
not encroach on setbacks. Accessory buildings shall not be
located any closer than five (5) feet to a rear or side lot line in
zoning districts with setback requirements. Signage shall be
located on a lot in conformance to the requirements of Chapter
27.24.
Supplementary Regulations - Page 69
(b). Accessory buildings in a commercial or industrial district shall
comply to the setback requirements for principal buildings when
located adjacent to a residential district or residential use.
(c). On corner lots, accessory structures and uses shall conform to
the setback requirements on both street frontages.
(d). When a garage or carport is entered from an alley, it shall not
be located closer than ten (10) feet from the alley right-of-way
line.
(e). Accessory buildings shall not exceed a height of 18 feet in all R
zones nor the maximum height of a principal building in other
zones. Accessory buildings in R zones shall be limited to single
story construction.
(f). Attached accessory buildings shall be located pursuant to the
requirements for principal buildings.
(g). No accessory structure or use shall be constructed or
established on any lot prior to the time of the substantial
completion of the construction of the principal structure to
which it is accessory.
27.22.030: Design Standards for Single Family Dwellings. The purpose of this section
is to promote public health, safety and welfare and to ensure neighborhood
compatibility by establishing minimum standards for single family dwellings.
All single family dwellings shall comply with the following standards:
(1). All single family dwellings must be site built or manufactured homes
which are a minimum of 20 feet at the narrowest width and have not
been previously located.
(2). All dwellings shall be placed on a permanent foundation that meets
applicable building code requirements.
(3). For factory assembled housing, all tow bars, wheels, and axles shall be
removed when the dwelling is installed.
27.22.040: Site Plan Review. The purpose of this section is to establish site design
criteria and review procedures to promote the general health and welfare by
encouraging attention to site planning and giving regard to the natural
environment, creative project design, and the character of the neighborhood or
area.
Page 70 - Kalispell Zoning Ordinance
(1). Application of These Procedures. These procedures shall apply to all
developments within the zoning jurisdiction of the City of Kalispell.
The site plan shall be submitted and approved prior to the issuance of
any building permit for any construction, development or any site
preparation. A preapplication conference with the City Public Works
Department and Building Department is strongly encouraged prior to
the preparation of any site plan or working drawings. Distinction is
made below between the procedures and standards applicable to minor
and major site plans.
(2). Application for Minor Site Plan Approval. Minor site plan approval will
be required for single family dwellings and duplexes. Exterior structural
remodeling projects, not involving an expansion of a structure or use,
are also subject to minor site plan approval when such remodeling does
not involve a change of use.
(a). Two sets of working drawings including site plan for a single
family dwelling or duplex on an existing lot shall be submitted
directly to the Building Official who will check them for the
following:
1). Compliance with Kalispell Zoning Ordinance, and
2). Compliance with Uniform Codes as well as all other
applicable codes of the State of Montana and the City of
Kalispell.
(b). Site plan is required to have the following information:
1). Name, address, and phone number of owner,
builder/architect and/or engineer;
2). Building site address, lot and block number, legal
description of property, north arrow, and date;
3). All lot lines, easements, rights -of -way, drawn to a
reasonable and accurate scale;
4). Location of all buildings, parking areas, drainage, fences
and other improvements;
5). Grading plan as may be required by the Building
Official, depending on site conditions;
Supplementary Regulations - Page 71
6). Public improvement plan showing curbs, gutters, and
utilities, both existing and proposed; and,
7). Location and size of sewer and water lines.
(c). The City of Kalispell Building Official has the right to review
and require revisions to any proposed minor site plan. After
review and approval of the plans, the permit applicant is issued
the necessary permits and is required to contact the building
department for all required inspections.
(3). Major Site Plan Approval. Commercial, industrial, and multi -family
developments and remodeling of existing structures when a change of
use or structural expansion would result, shall be subject to the
following application and review procedures:
(a). General Information. (To be provided on an application
form.)
1). Name of project/development;
2). Location of project/development by street address;
3). Location map, including area within one-half mile of
site;
4). Name and mailing address of developer and owner;
5). Name and mailing address of engineer/architect,
landscape architect and or planner;
6). Date of plan preparation and changes;
7). North point indicator;
8). Suggested scale of one inch (1") to twenty feet (20'),
but no less than one inch (1") to one hundred feet
(100');
9). List of names and addresses of property owners within
150 feet of site, using last declared county real estate
records;
10). Stamped, unsealed envelopes addressed with the names
of the above property owners; and,
Page 72 - Kalispell Zoning Ordinance
11). Zoning classification within 200 feet.
(b). Site Plan Information. Three (3) sets of working drawings and
three (3) sets of site plans shall be submitted incorporating the
following information:
1). Boundary line of property with dimensions;
2). Topography contours at a minimum interval of two (2)
feet or as determined by the Public Works Director;
3). Adjacent streets and street rights -of -way to a distance of
150 feet, except for sites adjacent to minor arterial or
collector streets where the distances shall be 200 feet;
4). On -site streets and rights -of -way;
5). Ingress and egress points;
6). Traffic flow on -site;
7). Traffic flow off -site;
8). Utilities and utility rights -of -way or easements:
(i). Electric,
(ii). Natural Gas,
(iii). Telephone, cable television,
(iv). Water,
(v). Sanitary sewer, and
(vi). Storm sewer;
9). Buildings and structures;
10). Parking facilities, including bicycle racks;
11). Water bodies and wetlands;
Supplementary Regulations - Page 73
12). Service water holding ponds, drainage and irrigation
ditches;
13). Grading and drainage plans;
14). Significant rock outcroppings;
15). Sidewalks, walkways, driveways, loading areas and
docks, bikeways;
16). Provision for handicapped accessibility, including but
not limited to wheelchair ramps, parking spaces,
handrails, and curb cuts;
17). Fences and walls;
18). Exterior signs;
19). Exterior refuge collection areas;
20). Exterior lighting;
21). Landscaping (detail plans showing plantings, equipment,
and other appropriate information):
(i). Size of plantings, time of planting and size at
maturity, and
(ii). Areas to be irrigated;
22). Number of employee and nonemployee parking spaces,
existing and proposed, and total square footage of each;
23). Site statistics including site square footage, non-
residential building square footage, percent of site
coverage (building and parking), net dwelling unit
density, percent park or open space; and,
24). Site plan review fee as established by the city council.
(c). Other application requirements.
Page 74 - Kalispell Zoning Ordinance
1). Statements from a professional engineer or architect
shall be provided to address impacts relative to: traffic,
safety, water supply and use, sanitary sewer, available
services and quality, drainage impacts, garbage impacts,
and needed services, and grading.
2). If a total of 150 cubic yards of material outside of the
five foot building line or in excess of twelve inches of fill
material or in excess of 18 inches of cut material is
contemplated within the construction, then a separate
grading plan shall be submitted addressing the existing,
the new, any impacts upon the surrounding adjacent
property and right-of-way.
3). Any work constructed within the public right-of-way
shall require a detailed site drawing to be submitted to
the public works department for review, permitting, fee
payment, and approval.
(d). Criteria for Design Review. The following criteria shall be
utilized by the Site Development Review Committee, when
required, in reviewing site plans to insure that the purpose and
intent of the zoning ordinance, City tree ordinance, and all other
applicable city ordinances are met:
1). The landscape shall be preserved in its natural state, in
so far as practical, by minimizing tree and soil removal
and any grade changes shall be in keeping with the
general appearance of the neighborhood or area, and
safe, and efficient development of the site.
2). The proposed development or physical improvements
will not impair or interfere with either the development,
use, enjoyment or value of other property in the vicinity
or the orderly development of the neighborhood or the
area as a whole.
3). Project Development.
(i). The proposed development or physical
improvement has a desirable, efficient and
workable interrelationship among buildings,
parking, circulation, open space, landscaping and
related activities and uses;
Supplementary Regulations - Page 75
(ii). The proposed development or physical
improvement is in character with the design
qualities of other developments in the area;
(iii). Due consideration has been given to historical
characteristics or architectural theme within an
area;
(iv). There is sufficient variety in the design of the
structures and ground to avoid monotony in the
external appearance;
(v). Utilities are placed underground whenever
feasible.
4). Aesthetic Design.
(i). The design, size, shape and arrangement of
structures and uses are in scale and compatible
with the surroundings.
(ii). Exposed utility lines, storage areas, machinery,
installations, service and loading areas,
advertising features, and similar accessory areas
or structures are setback or screened to minimize
the loss of natural light, views, privacy, and
general aesthetic value of surrounding
properties.
(iii). The development or physical improvement is so
designed, sized or sited to minimize obstruction
of scenic views.
5). Development or physical improvement shall provide
sufficient landscaping to assure a pleasant and aesthetic
on -site environment and provide protective screening,
when necessary. This may include landscaping for the
front yard or any yard adjacent to any public right-of-
way, along any lot adjacent to a residential zone, or in
association with off-street parking areas. All landscaping
shall be continually maintained including necessary
watering, weeding, pruning and replacing, in a
substantially similar manner as approved.
Page 76 - Kalispell Zoning Ordinance
6). Size, location and design of all exterior signs and
illumination are in scale and harmony with the site and
consistent with the sign code.
(e). Review Authority for Major Site Plan Approval. A "site
development review committee" has the authority to review and
require revisions to any major site plan. Said committee shall
consist of the following members of the city staff: City
Manager, City Engineer and/or the Public Works Director,
Planning and Community Development Director, Police Chief,
Fire Chief, City Planner representing Flathead Regional
Development Office, City Building Official,
Planning/Redevelopment Manager, and from time to time any
other staff member so designated by the City Manager.
(f). Power to Amend Plans. When approving an application for a
site design and use, the staff Review Committee will include any
or all of the following conditions, if they find it necessary to
meet the intent and purpose and the criteria for approval of this
ordinance:
1). Require such modifications in the landscaping plan as
will insure proper screening and aesthetic appearance.
2). Require the retention of existing trees, rocks, water
ponds, or courses and other natural features.
3). Require the retention and restoration of existing
historically significant structures on the project site.
4). Require approval of the grading plan and/or drainage
plan by the City Engineer or other engineer designated
by the City Manager.
5). Require the modification or revision of the design or
remodeling of structures, signs, accessory buildings, etc.
to be consistent with all codes, ordinances, and
guidelines of this section.
6). Require the modification of any new structures, new
accessories, parking and landscaping on the project site,
especially to buffer adjacent uses from the possible
detrimental effects of the proposed development.
Supplementary Regulations - Page 77
7). Require on -site fire hydrants with protective barricades
including during the construction phase of a project.
8). Require the type and placement or shielding of lights for
outdoor circulation and parking.
9). Require placing all utilities underground.
10). Require new developments to provide limited controlled
access onto a public street by means of traffic signals,
traffic controls and turning islands, landscaping, or any
other means necessary to insure the viability, safety, and
integrity of the public street as a true corridor. In some
cases, the City may require the developer to provide off -
site improvements and right-of-way consideration,
including but not limited to water, sanitary sewer, storm
drainage, street improvements, pedestrian ways, lighting
and signalization. The city may require the developer to
also furnish the city with appropriate engineering studies
regarding the various impacts that the development
might have on the city's public facilities.
11). Require pedestrian access, separate pedestrian access
ways, and sidewalks in new developments.
(g). Permit Issuance for Major Site Plans. The staff review
committee shall issue a permit for the development upon a
finding that all applicable city regulations and guidelines of this
section have been adhered to. Whenever required or necessary
by state or local law, professional engineering or architectural
statement(s) and certification(s) shall be placed upon the
drawings specifically addressing that the construction or work is
in conformance with the appropriate codes or standards.
(4). Appeals. Any applicant for site plan approval may file an appeal when
aggrieved by a decision or interpretation made by the Site Development
Review Committee, as applicable to major site plans, or by the Building
Official, as applicable to minor site plans.
(a). A written appeal and payment of a fee as prescribed by the city
council must be received in the office of the City Manager
within 30 days from the time the officer(s) charged with the
enforcement of this section have made a written interpretation
or determination on the site plan application.
Page 78 - Kalispell Zoning Ordinance
(b). The City Manager shall review the appeal and transmit the
appeal and associated materials to the city council.
(c). The city council shall act on the appeal within 30 days following
receipt of the appeal by the City Manager.
(d). Decisions by the city council shall be by Resolution. The basis
for the decision on each appeal and a detailed summary of the
facts and basis supporting such determination shall be recorded
in the decision and shall constitute a part of the record thereof.
27.22.050: Greenbelts.
(1). All sites in a "B" classified district having a common boundary with an
"R", "H", or "RA" classified property, shall erect and maintain a view -
obscuring fence or dense, coniferous hedge along such common
boundary. Fences shall not be less than six feet in height. Hedges shall
obtain a height of not less than six feet at maturity. Where the wall of a
building, or public alley, or public street is on such common boundary,
no separate wall, fence or hedge need be installed along that portion of
the boundary occupied by such building, street, or alley.
(2). All sites in an "I" classified district having a common boundary with an
"R", "H", or "RA" classified property shall have planted and maintained
along such common boundary a view -obscuring coniferous greenbelt of
shrubs and trees not less than eight (8) feet in height at maturity nor
less than ten (10) feet in width for screening purposes and controlling
access.
(3). Fence requirements, as herein provided, shall be complied with within a
period of one year from the date of issuance of a building permit for
any structure built in a "B" or "I" zoning district when bordering an
"R", "H", or "RA" as set forth above. Greenbelts or hedges shall
provide substantial evidence of compliance with the requirements as
herein provided within a period of one year from the date of issuance of
a building permit.
(4). Fences or greenbelts erected as a requirement of this section shall be
maintained in a neat and orderly manner. Failure to comply within thirty
days after notification by the zoning administration shall be a violation.
(5). The vegetation greenbelt shall be approved by the zoning administrator.
In general terms, the coniferous vegetation shall be at least three (3)
feet in height at time of planting.
Supplementary Regulations - Page 79
27.22.060: Principal Structures. In any "B", "P", or "I" district, more than one structure
housing a permitted and customary accessory 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. Multiple structures or structural expansions to existing
structures proposed in an "RA" or "H" district shall be subject to approval as a
conditional use.
27.22.070: Exceptions to Height Regulations. The height limitations contained in any
district regulations do not apply to spires, belfries, cupolas, chimneys, water
tanks, ventilators, elevator housing, grain elevators, or other agriculture
buildings, transmission towers and cellular communication towers and
facilities, unless otherwise prohibited by Federal Aviation Regulations, part 77.
Masts for flagpoles shall not exceed the height limits of the zoning district.
Furthermore, said flag mast must be set back from the property line to prevent
the intrusion of the extended flag into or over any public right-of-way or
adjoining property.
27.22.080: Structures to have Access. Every building hereafter erected or moved shall
be on a lot adjacent to a public street, or with access to an approved private
street, and all structures shall be located on lots as to provide safe convenient
access for servicing, fire protection, and required off-street parking.
27.22.090: Fences, Walls, and Hedges.
(1). Except as otherwise provided by this ordinance, no fence, hedge, or
free-standing wall shall exceed 42 inches in height anywhere within or
bounding the front yard or 78 inches within the rear or side yards when
placed within the required yard setback areas. A single archway
serving as a pedestrian entrance and being no more than nine feet tall,
five feet wide and four feet deep, may be attached to a fence in the
required setback area.
(2). Open wire fences exceeding the above heights may be built around
schools, tennis courts, swimming pools, or other public or quasi -public
institutions when necessary for the safety or restraint of occupants
thereof. The acceptable height of said fences shall be determined by the
zoning administrator after giving consideration to the character of the
neighborhood and purpose of the fence.
(3). Security fences are allowed on side and rear yards up to ten (10) feet in
height when used to enclose commercial or industrial storage yards.
Barbed wire may be used along the upper one-third portion of the
fence.
Page 80 - Kalispell Zoning Ordinance
(4). Except in the R-1 district where necessary to contain livestock and as
otherwise indicated in (3) above, no barbed wire or other sharp fencing
materials and no electrically charged fences shall be erected or
maintained in any district created by this code. When electrically
charged fences are used, such fence shall be posted with warning signs
at intervals not to exceed 150 feet where such fences are adjacent to
public rights -of -way or other zoning districts.
27.22.100: Lots in Two Zones. Where a district boundary line as established in this code
divides a lot which was in single ownership and of record at the time of this
code, the use thereon and district requirements applying to the least restricted
portion of such lot under this code shall be considered as extending to the
entire lot, provided the more restricted portion of such lot is entirely within
twenty (20) feet of the dividing line, the use so extended shall be deemed to be
conforming.
27.22.110: Visibility at Intersections. Notwithstanding other provisions of this code in
any residential district, fences, signs, walls, hedges, or other planting may be
permitted in any required yard, provided that nothing shall be erected, placed,
planted, or allowed to grow in such a manner as materially to impede a clear
vision triangle.
27.22.120: Neighborhood Plans. In the event that a "Neighborhood Plan" has been
adopted as an addendum to the Kalispell City County M rite, Plan Growth
Policy, the provisions of the Neighborhood Plan shall serve as a specific guide
to future land use regulations for the area subject to the "Plan." The
Neighborhood Plan may limit or otherwise establish more restrictive land use
regulations than set forth by the zoning classification of this ordinance, in
which case the more restrictive provisions of the Plan shall control.
27.22.130: Sublots. Dwellings may be constructed on sublots within any zoning district
which permits multi -family dwellings or cluster housing. Sublots are subject to
subdivision approval.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot
whose area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by dividing
the gross area of the platted lot by the density limits of the
applicable zoning district. In no case, however, shall a sublot
Supplementary Regulations - Page 81
have an area less than 2,000 square feet nor more than one
dwelling unit thereon.
(2). Building Limitations. The yard, height, and area requirements of the
district shall apply to the entire area of the platted lot. Common
ownership of the setback areas is encouraged.
27.22.140: Side Corner Setback. Notwithstanding any side corner setback otherwise
required under this ordinance, if the distance between the side setback and side
corner setback on a corner lot is less than 35 feet, development may occur
within the side corner setback to either a point 35 feet from the side setback or
ten (10) feet from the side corner property line, whichever generates a lesser
encroachment.
27.22.150: Special Events. Special events such as car shows, boat shows, RV shows,
carnivals, concerts and similar outdoor activities may be permitted in the `B"
"P' and "P" zones provided they do not exceed seven days in a one month
period.
27.22.160: Home Occupations. Home occupations are allowed in the R-1, R-2, R-3, R-4
R-5, RA-1, RA-2 and RA-3 zones provided that the home occupation is clearly
incidental and secondary to the use of the property as a residence and provided
the following standards are met:
(1). Any commodity sold upon the premises must be produced on the
premises. This is not intended to preclude the occasional home party
sales associated with such products as Tupperware, Amway and Avon.
This would include but not be limited to music lessons, educational
tutoring, consulting services, personal services and photography
studios. Home occupations would not include any type of auto, boat
or RV repair, maintenance or painting; any type of food preparation for
on -site consumption or retail sales which include items not produced
on -site, or any other use which creates traffic uncharacteristic of a
residential area or requires outdoor storage of materials.
(2). Any disturbance such as noise, vibration, smoke, dust, odor, heat or
glare beyond the confines of the dwelling unit or accessory building
would not be in excess of that which would normally be anticipated in a
residential area.
(3). There shall be no exterior display, or exterior storage of materials,
house calls after 9:00 p.m. or before 8:00 a.m., or other indication from
the exterior that the dwelling unit or accessory building is being used in
Page 82 - Kalispell Zoning Ordinance
part for any use other than that of a dwelling or accessory building for
purely residential purposes.
(4). There shall be no employees other than those residing on the premises.
(5). There shall be no pedestrian or vehicular traffic in excess of that which
is characteristic of the neighborhood in which it is located which shall
not exceed more than one at a time or eight all day.
(6). Any need for parking must be met on -site.
Special Design and Review Criteria
Kalispell Redevelopment District - Page 83
CHAPTER 27.23
SPECIAL DESIGN AND REVIEW CRITERIA
IN THE KALISPELL REDEVELOPMENT DISTRICT
Sections:
27.23.010
Findings and Objectives.
27.23.020
Architectural Review Committee.
27.23.030
Jurisdiction and Powers of the ARC.
27.23.040
Criteria and Standards.
27.23.050
Procedure.
27.23.060
Agency Approval of Projects in the Redevelopment Area.
27.23.010: 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 the Kalispell
Redevelopment Area 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 Redevelopment Area'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
Page 84 - Kalispell Zoning Ordinance
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 of citizen participation in local government
and in community growth, change and improvement; and
(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.
27.23.020: Architectural Review Committee.
(1). The mayor, with the approval of the council, shall appoint an
architectural review committee (ARC) of at least five (5) persons of the
following qualifications: One individual specially qualified by reason of
education, training or experience in the financing of commercial real
property; two individuals actively engaged in business, commerce or
industry; and two individuals who shall either be architects, landscape
architects, or specially qualified by reason of 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 or actively engaged in business or employment in the
Redevelopment Area.
(2). The members shall serve at the pleasure of the mayor. The mayor, with
approval of the council, may remove any member of the ARC after
hearing, for misconduct or nonperformance 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.
Special Design and Review Criteria
Kalispell Redevelopment District - Page 85
27.23.030: 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 erection or
construction of a sign relating to such new building or major
remodeling, until the plans, drawings, sketches and other documents
required under Section 27.23.050 have been reviewed and approved by
the ARC in conformity with the criteria specified in Section 27.23.040.
For purposes of this ordinance, the term "major remodeling" shall mean
any remodeling that substantially changes the exterior appearance of
the building.
(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 27.23.010.
(3). Make recommendations on appeals and variances to the Board of
Adjustment as per Section 27.24.190 and 27.24.200.
27.23.040: 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
27.23.050. 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). 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.
Page 86 - Kalispell Zoning Ordinance
(b). Drive, parking and circulation: With respect to vehicular and
pedestrian circulations, including walkways, interior drives and
parking, special attention shall be given to location and number
of access points, general interior circulation, separation of
pedestrian and vehicular traffic, and arrangement of parking
areas that are safe and convenient, and insofar as practicable, do
not detract from the design of proposed buildings and structures
in the neighboring properties.
(c). Surface water drainage: Special attention shall be given to
proper surface drainage so that removal of surface waters will
not adversely affect neighboring properties or the public storm
drainage system.
(d). Utility service: Whenever feasible, electric, telephone and other
utility lines shall be underground. Any utility installations
remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and the site. The
proposed method of sanitary sewage disposal from all buildings
shall be indicated.
(e). 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.
(f). 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.
(g). 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 27.23.010,
and such objectives shall serve as additional criteria and standards.
Special Design and Review Criteria
Kalispell Redevelopment District - Page 87
27.23.050: 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
city building official 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. The site plan shall indicate how utility service and
drainage are to be provided.
(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.
(e). A sign plan, drawn to scale, showing the location, size, design,
material, color and methods of illumination of all exterior signs.
(2). The city building official and the Site Development Review Committee
shall review all drawings, plans and specifications submitted for
architectural and site design review. If the application meets all other
requirements of the ordinances of the city, it shall be forwarded to the
ARC. Any plans, drawings, sketches and documents submitted for
review that do not meet all the city's ordinances shall be brought into
compliance prior to consideration by the ARC.
Page 88 - Kalispell Zoning Ordinance
(3). 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 building official
within fifteen (15) days after the ARC has rendered its decision.
27.23.060: Agency Approval of Projects in the Redevelopment Area.
(1). Approval of a proposed project by the agency shall be completed
before a building permit may be issued. In order to expedite review
procedures and issuances of building permits, the Agency will generally
only review project of "major significance". The Agency grants the Site
Development Review Committee with discretionary powers in
determining what constitutes a "major project". The determination shall
include, but is not limited to, the following consideration.
(a). The project valuation exceeds $200,000.
(b). The structure(s) exceeds 5,000 square feet.
(c). Construction is higher than two story.
(d). The project site is greater than 10,000 square feet of land area.
(e). The project will have significant impact on the Redevelopment
Area in terms of the tax base, tax increment, jobs created,
capital investment, leveraging of public/private funds, demand
for services, etc.
(f). Consultation with the Planning, Economic and Community
Development Department.
Upon determination by the Site Development Review
Committee that a project is of "major significance" the City
Manager or his designee shall schedule a review of the project
pursuant to Section 27.23.060(2). The project shall be
reviewed by all members of the Agency at a regularly scheduled
city council meeting.
(2) Basis for approval shall include:
(a). Review and consideration of the recommendations of the
architectural review committee and the Site Development
Review Committee.
Special Design and Review Criteria
Kalispell Redevelopment District - Page 89
(b). Review and consideration of the recommendations of the
Kalispell City-Cetin-ty Planning Board and Zoning Commission.
(c). A legal description of the proposed project including evidence
of present ownership and district designation of the project. All
owners or lienholders must consent to the proposed project.
(d). Consideration of public testimony. Project notification shall
include letters to all landowners within 150 feet of the proposed
project. In cases where the Agency designates a "certain urban
renewal project," the Agency shall follow all public hearing and
noticing requirements as required by urban renewal law.
(e). Review of existing site conditions showing contours, between
two (2) foot and ten (10) foot intervals, as applicable to the
terrain, water courses, natural features, tree cover and property
lines.
(f). Review of generalized land use map showing size, location,
heights and types of all proposed uses.
(g). Review of existing and proposed vehicular circulation system
including parking areas, storage areas, service areas, loading
areas and major points of access, indicating street widths and
right-of-way.
(h). Location and arrangement of all open space, common
recreational space, private open space, pedestrian ways and
preliminary landscape treatment.
(i). Vicinity map showing the proposed development in relation to
the surrounding development and major streets and existing and
proposed utilities.
Page 90 - Kalispell Zoning Ordinance
CHAPTER 27.24
SIGN REGULATIONS
Sections:
27.24.010
Purpose
27.24.020
Scope
27.24.030
Signs Prohibited
27.24.040
Permits Required
27.24.050
Signs Not Requiring Permits
27.24.060
General Standards for all Signs
27.24.070
Sign Area Allowances
27.24.080
Regulations for Specific Categories of Signs
27.24.090
Permitted Signs in Zones R-1, R-2, R-3, and R-4
27.24.100
Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, H-1, B-1, P-1,
and PUD
27.24.110
Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2
27.24.120
Standards
27.24.130
Maintenance
27.24.140
Sign Permit
27.24.150
Non -Conforming Signs and Signs Without Permits
27.24.160
Violations
27.24.170
Enforcement and Remedies
27.24.180
Removal of Signs by the Administrator
27.24.190
Appeals
27.24.200
Variances
27.24.010: Purpose. The purpose of this Chapter shall be to coordinate the type,
placement, and physical dimensions of signs within the different land -use
zoning classifications of Kalispell; to recognize the commercial communication
requirements of all sectors of the business community; to encourage the
innovative use of design; to promote both renovation and proper maintenance;
to promote the aesthetic objectives of the city; to improve pedestrian and
traffic safety; to enhance the natural scenic qualities of the area; to minimize
the possible adverse effect of signs on nearby public and private property; to
promote the tourist economy of the city; and to guarantee equal treatment
under the law through accurate record keeping and consistent enforcement.
These shall be accomplished by regulation of the display, erection, use and
maintenance of signs. The use of signs is regulated according to zoning
classifications. No sign shall be permitted as an accessory use to a permitted or
conditionally permitted use except in accordance with the provisions of this
Chapter.
Sign Regulations - Page 91
27.24.020: Scope. This Chapter shall not regulate official traffic or government signs; the
copy and message of signs; signs not intended to be viewed from a public
right-of-way; product dispensers and point of purchase displays; scoreboards
on athletic fields; flags of any nation, government, or noncommercial
organization; gravestones; religious symbols; commemorative plaques;
decorative holiday light displays; the display of street numbers; or any display
or construction not defined herein as a sign.
27.24.030: Signs Prohibited. The following types of signs are prohibited in all districts:
No permit shall be issued for the erection of any signs prohibited by this
section.
(1). Abandoned Signs.
(2). Inflatable signs, tethered balloons, searchlights, beacons (except as
allowed in Section 27.24.050(l)(c).
(3). Banners, except as otherwise permitted by other city standards or
policies on public property or rights -of -way.
(4). Signs imitating or resembling official traffic or government signs or
signals.
(5). Snipe signs or signs attached to trees, telephone/electrical poles, public
benches, street lights, or placed on any public right-of-way.
(6). Signs placed on vehicles or trailers which are parked or located for the
primary purpose of displaying said sign. (This does not apply to
allowed portable signs or to signs or lettering on buses, taxis, or
vehicles operating during the normal course of business.)
(7). Roof Signs unless architecturally incorporated into the facade of the
building.
(8). Portable signs except as otherwise permitted in Section
27.24.050(l)(c).
(9). Mechanically animated and/or flashing signs. [See also Section
27.24.060(l)]
27.24.040: Permits Required. Unless otherwise provided by this Ordinance, all signs
shall require permits and payment of fees as described in Section 27.24.140 of
this Ordinance. No permit is required for the routine maintenance of a sign.
Page 92 - Kalispell Zoning Ordinance
27.24.050: Signs Not Requiring Permits. The following types of signs are exempted
from permit requirements but must be in conformance with all other
requirements of this Ordinance:
(1). Temporary Signs. Signs erected on a temporary basis such as, but not
limited to, the following categories of signs:
(a). Construction Signs. No more than one (1) sign per contractor
of a building which is under construction provided the
advertising display area of such sign shall not exceed six (6)
square feet in residential districts or sixteen (16) square feet in
other districts.
(b). Real Estate Signs. One two-faced sign per lot not exceeding six
(6) square feet per sign face in residential districts or sixteen
(16) square feet in other districts.
(c). Special Event Displays. One portable sign, banners, balloons
and pennants may be erected on the premises of an
establishment in a commercial or industrial zone having a grand
opening or special event provided that such signs shall be
displayed for a period not to exceed seven (7) calendar days
within any three (3) month period and with the written approval
of the zoning administrator.
(d). Political Signs. Signs advocating support for a candidate or
ballot issue; individual signs not to exceed six (6) square feet
per sign face in residential districts and sixteen (16) square feet
per sign face in other districts and erected not more than thirty
(30) days prior to, and removed not more than one week after,
the election or event to which the sign pertains.
(e). Signs associated with neighborhood garage or yard sales or
similar function. Such signs must be removed within one (1)
week following the sale.
(2). Directional Signs. A sign, other than a government sign, not more
than four (4) square feet which provides directions for traffic flow to
places of business. These signs shall not contain a name or logo of the
business.
(3). Identification Signs. One sign per street front, setting forth or
denoting the name of any public, charitable, or religious institution
when located on the premises of such institution, provided such sign or
bulletin board shall not exceed sixteen (16) square feet in sign area.
Sign Regulations - Page 93
(4). Interior Window Signs. Any incidental signage erected inside of a
window or otherwise located within a building except strobe lights,
blinking lights or other such similar devices that are intended to draw
attention to a use from passing vehicular traffic.
(5). Subdivision Identification Signs. One non -illuminated sign not to
exceed sixteen (16) square feet in area or two (2) non -illuminated signs
not to exceed twelve (12) square feet each per exclusive entrance to a
subdivision or tract. Such signs shall be restricted to the subdivision or
tract name.
(6). Government Signs. Any sign erected by a government agency (e.g.,
traffic signs and legal notices) and signs indicating utility locations.
(7). Nameplates. One per dwelling or tenant names at main entrance of
any non-residential use not exceeding one square foot per nameplate.
(8). Incidental Signs. (See definition.)
(9). Works of Art that do not include a commercial message.
27.24.060: General Standards For All Signs.
(1). Signs shall not rotate, move, flash, change or blink, except if utilized by
a government agency for public safety or information. An electronic
message center (automatic changeable copy sign) may display changing
information but shall not flash or blink the message or picture display.
(2). Signs, if illuminated, shall be lighted by continuous, stationary, shielded
light sources, directed solely at the sign, or internal to it. Shielding is
not required if exposed bulbs are eleven (11) or less watts.
(3). Portable or movable reader board signs (see changeable copy sign -
manual) shall be prohibited except when used to announce a temporary
event [see 27.24.050(1)(c)] or when used in conjunction with
temporary businesses provided said sign is placed at least fifteen (15)
feet back from the public right-of-way.
(4). No more than seventy-five percent (75%) of any sign area may
incorporate a reader board. The reader board portion shall be
architecturally incorporated into the overall design of the sign.
(5). Signs attached to buildings shall not extend above the wall to which
they are attached unless erected to comply with 27.24.030(7).
Page 94 - Kalispell Zoning Ordinance
(6). The advertising display area for freestanding signs shall include no
more than two (2) faces except that more than two (2) faces may be
permitted for signs serving multiple businesses [see Section
27.24.080(3)]. The advertising display area for wall signs shall be
limited to a single sign face.
(7). No off -premise sign shall be located in any residential zoning district
except as may be associated with incidental neighborhood sales [as per
Section 27.24.050(1)(e).
27.24.070: Sign Area Allowances. The maximum sign area allowance for a particular
property shall be calculated as per subsection (1) or (2) below unless otherwise
specified in this Chapter. Sign area allowances shall only be applicable to
developed properties, and shall include all conforming and nonconforming
signage for which permits have been issued per Section 27.24.150. (Amended
Ordinance No. 1188.)
(1). Building Frontage Length.
(a). When building frontage is less than 200 feet, the maximum sign
area for the property shall be equal to three (3) square feet for
each lineal foot of building frontage length.
(b). When building frontage exceeds 200 feet, the maximum sign
area shall be equal to 400 square feet plus one square foot for
each additional lineal foot of frontage beyond 200 feet.
(c). As applicable to shopping centers or lots containing multiple
businesses or where common signage is shared between two or
more adjacent lots, the calculation of allowable sign area shall
be as per (a) and (b) above, except the square footage
allowance increases to three and one-half (3-1/2) square feet
and one and one-half (1-1/2) square feet, respectively.
(d). The sign allowance shall be calculated on the basis of the length
of the one building frontage which is most nearly parallel to the
street it faces. In the event a building does not have frontage on
a dedicated public street, the owner of a building may designate
the one building frontage which shall be used for the purpose of
calculating the sign allowance.
(2). Lot Length. In lieu of using the length of building frontage as a means
of calculating sign area allowance, the calculation may be based on a
Sign Regulations - Page 95
ratio of one square foot of sign allowance for each lineal foot of lot
frontage along a single public road.
27.24.080: Regulations for Specific Categories of Signs.
(1). Freestanding and Ground Signs.
(a). The advertising display area per sign face shall not exceed 200
square feet except as otherwise permitted by Section
27.24.080(3).
(b). A single sign may be permitted on a lot having at least thirty
(30) feet of frontage along a public road except up to two (2)
signs may be permitted when the frontage of the lot along a
single road exceeds five hundred (500) feet. Under this
provision, a corner lot with frontage along two (2) public roads
is eligible for a sign along each frontage.
(c). Signs shall be setback a minimum distance of fifteen (15) feet
from any side property line. This requirement need not apply to
corner lots where the side property line is a public right-of-way.
No sign shall be erected or extend over any public right-of-way.
(d). Heights, area, and front yard setbacks of signs shall be
permitted in accordance to Table 1.
TABLE 1
Distance from Street
Maximum Height
Maximum Size
Right -Of -Way Line
Above Grade
Allowed Per Face
(Feet)
(Feet)
(Square Feet)
0-10
15
60
11-20
20
80
21-3 0
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
(e). Single -faced freestanding and ground signs shall be set back
from the street right-of-way line according to the provisions of
this section (Table 1). When any sign is placed on property that
has only one street frontage, the required setback shall be
measured from the street right-of-way line to which the sign
Page 96 - Kalispell Zoning Ordinance
face is most nearly parallel. When any such sign is placed on
property located at the intersection of two (2) dedicated public
streets, the required setback shall be measured from the street
right-of-way line at the street to which the sign face is most
nearly perpendicular.
(f). Double-faced freestanding and ground signs shall be set back
from the street right-of-way line according to the provisions of
this Section (Table 1). Any such setback shall be measured from
the street right-of-way line at the street to which the sign faces
are most nearly perpendicular.
(g). When any freestanding or ground sign is placed at a forty-five
degree (450) angle on property located at the intersection of
two (2) dedicated public streets, the required setback may be
measured from either of the street right-of-way lines involved.
(h). Signs within fifty (50) feet (measured along the street right-of-
way) of an intersection, which exceed forty-two (42) inches in
height, shall be set back at least fifteen (15) feet from the street
right-of-way line or shall maintain free air space between a
height of forty-two (42) inches above the adjacent street
elevation and a height of seventy-two (72) inches above said
elevation. A freestanding sign shall not be construed to have
free air space if such sign has a base which is greater than fifty
percent (50%) of the width of its face or three (3) feet wide,
whichever is smaller.
(i). When electrical service is provided to freestanding signs or
ground signs, all such electrical service shall be underground
and shall be in accordance with the National Electric Code.
(2). Wall Signs.
(a). No part of a wall sign shall extend above the top of the parapet
wall upon which it is placed unless architecturally incorporated
into the facade of the building.
(b). In situations involving corner lots, where the total allowable
sign area is calculated using frontage measurements along two
(2) streets, no more than 75% of said allowable sign area can be
distributed to any single building frontage.
(c). Under-canopy/marquee signs which are parallel to the face of
the building shall be deemed to be wall signs and are not subject
to the twelve (12) inch or less extension requirements.
Sign Regulations - Page 97
(3). Signs for Shopping Centers and/or Multiple Businesses.
(a). All signs of a shopping center and/or lot containing multiple
businesses (more than one) shall be coordinated as to the
number, mode of display, location, size, height, colors, finish
materials, and illumination of each sign with the other signs and
with the architecture of the building(s). A common signage plan
can also be prepared for businesses on two or more adjoining
lots.
(b). A 25 percent increase in the total sign area allowance as set
forth in Section 27.24.080(1)(d) shall apply to freestanding
signs that are subject to a common signage plan.
(c). Advertising for multiple businesses sharing a common zoning
lot shall be incorporated into a single free-standing sign
consistent with the provisions of 27.24.070(1)(c) and
27.24.080(1). Freestanding signs shall not be permitted to any
single business or tenant.
(d). No outside building signage (other than ground or freestanding
signage) is permitted for mall businesses where the businesses
are accessed from a common interior entrance. This exclusion
shall not apply to wall signage of anchor tenants.
(4). Projecting Signs.
(a). The sign shall be erected at right angles to the building face and
be at least eight (8) feet above grade.
(b). The maximum area per sign face shall not exceed 15 square
feet.
(c). Signs extending over a public right-of-way shall not extend to
within two (2) feet of the curb of the street or beyond 48
inches, whichever is less.
(5). Marquee Signs.
Page 98 - Kalispell Zoning Ordinance
(a). No marquee sign shall project above the top of the marquee
upon which it is mounted.
(b). No marquee sign shall project from the face of a marquee.
(c). Under -marquee signs, which are perpendicular to the face of the
building, shall be deemed to be projecting wall signs.
(d). Under -marquee signs, which are parallel to the face of the
building, shall be a minimum of eight (8) feet above grade and
shall be deemed to be flush wall signs.
(6). Canopy Signs.
(a). No canopy sign shall project above the top of the canopy upon
which it is mounted.
(b). No canopy sign shall project from the face of an canopy.
(c). Canopies on which canopy signs are mounted shall be at least
eight (8) feet above any public right-of-way, except that any
valance attached to a canopy may be only seven (7) feet in
height above a public right-of-way.
(7). Billboards.
(a). No billboard shall exceed 288 square feet per sign face.
(b). No billboard structure shall exceed a maximum height of 28
feet.
(c). No billboard may be constructed within 300 feet of any other
billboard located on the same side of the road right-of-way and
facing the same traffic flow. Distance shall be measured along
the nearest edge of pavement of the road near whose right-of-
way the sign is located.
(d). No billboard may be constructed nearer the road right-of-way
than the applicable building setback requirement for the zone in
which the billboard is located.
(e). No billboard shall be constructed along a road which is not a
federal or state highway.
(f). In order that the total face area and number of faces of all
lawful billboards within the City not be increased beyond the
Sign Regulations - Page 99
number of faces occurring on the effective date of this
ordinance, no billboard shall be constructed without first
removing billboard(s) equal in face area and number of faces. In
order to administer this provision, the Administrator shall issue
a replacement permit to anyone who permanently removes a
lawfully existing billboard. The Administrator shall note on the
replacement permit the number of faces and face area, and the
zoning district in which the sign was located, for every sign face
removed. Replacement permits may be transferred. No billboard
sign construction permit shall be issued without a replacement
permit which corresponds to the number of sign faces to be
replaced. The total number of billboard faces in the city limits
of Kalispell shall not exceed 18, except that property occupied
by billboard(s), which is annexed to the City, after the effective
date of this Ordinance, shall be subject to the provisions of
Section 27.24.150, and billboard(s) located thereon may remain,
but shall not, thereafter, be relocated.
(g). Any billboard, except those subject to annexation as specified in
(f), supra, located within any zoning district in which billboards
are prohibited shall be relocated at the billboard owner's
expense to a zoning district which permits billboards within five
years following the enactment of this ordinance; provided that
billboards located within 1500 feet of the intersection of Main
and Idaho Streets shall be relocated within twenty-four (24)
months following enactment of this ordinance.
(h). Whenever a parcel of land containing any billboard is rezoned,
or annexed and zoned, to one of the prohibited zoning
classifications, the billboard or billboards shall be removed
within five (5) years of the rezoning or, in the case of
annexation, within five (5) years of the date upon which a city
zoning classification is imposed upon the annexed parcel;
provided, that any billboards removed pursuant to this
subsection may be reinstalled within any of the permitted zones
listed in Section 27.24.110, in accordance with subsection (f),
supra.
Page 100 - Kalispell Zoning Ordinance
27.24.090:
27.24.100:
Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(1). Temporary signs listed in Section 27.24.050(1).
(2). One non -illuminated freestanding or ground sign, not exceeding 20
square feet in area per face, in connection with a permitted or
conditionally permitted non -dwelling use.
(3). Illuminated subdivision identification sign not exceeding 20 square feet
per sign face.
(4). No sign shall extend more than six (6) feet above the natural grade
elevation.
Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, H-1, B-1, P-1,
and PUD.
(1). Temporary signs listed in Section 27.24.050(1).
(2). One freestanding or wall sign per developed multi -family or non-
residential use. The sign area shall be limited to a maximum of 24
square feet per sign face and the height shall not exceed six (6) feet
above natural grade, except for B-1 zone where the sign area shall be
limited to 36 square feet per sign face and height shall not exceed six
(6) feet above natural grade. Non-residential uses in the H-1 zone are
permitted one such sign per street frontage and an additional single sign
on the front of the building. (Amended Ordinances No. 1211 and No.
1215)
(3). Illuminated subdivision identification sign not exceeding 20 square feet
per sign face.
27.24.110: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2.
(1). Signs listed in Section 27.24.050.
(2). Freestanding and ground signs.
(3). Wall signs.
(4). Projecting signs except on Main Street in the Redevelopment Area.
(5). Freestanding multiple business sign.
(6). Canopy signs.
Sign Regulations - Page 101
(7). Marquee signs.
(8). Off -premise signs except in zoning classification B-4 when the location
and size complies with all other provisions of this chapter.
(9). Billboards except in zoning classifications B-4 and B-5 and not within
1500 feet of the intersection of Main and Idaho Streets.
27.24.120: Construction Standards.
(1). All signs shall be constructed in accordance with any applicable
requirements of the City building codes and the State electrical code
including portable electric signs.
(2). No permanent or fixed sign shall be suspended by non -rigid
attachments that will allow the sign to swing in the wind other than
under -canopy signs.
(3). All freestanding signs and billboards shall be self-supporting structures
erected upon or permanently attached to concrete foundations.
Billboards shall be erected using single -pole construction.
(4). All portable signs on display shall be braced or secured to prevent
motion.
(5). Permanent signs shall be designed to withstand a wind speed of 70
miles per hour.
(6). No signs shall be erected, constructed or maintained so as to obstruct
any fire escape, required exit, window or door opening used as a means
of egress.
(7). No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation.
(8). Signs shall be located in such a way as to maintain horizontal or vertical
clearance of all overhead electrical conductors. In no case shall a sign
be installed closer than twenty-four (24) inches horizontally or
vertically from any conductor or public utility guy wire.
27.24.130: Maintenance. All signs shall be maintained in good condition at all times. All
signs shall be kept neatly painted, including all metal parts and supports thereof
that are not galvanized or of rust -resistant metals. Failure to properly maintain
a sign shall be considered a violation of this ordinance.
Page 102 - Kalispell Zoning Ordinance
27.24.140: 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
27.24.050.
(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 application fee established by the city council.
(2). Architectural Review. Signs to be located in the Kalispell
Redevelopment Area are also subject to the architectural review
requirements as set forth in Chapter 27.23.
(3). Issuance and Denial. The Administrator shall issue a permit and
permit sticker for the erection, alteration, or relocation of a sign within
ten (10) working days of receipt of a valid application, provided that
the sign complies with the laws of all applicable jurisdictions. In all
Sign Regulations - Page 103
applications, where a matter of interpretation arises, the more specific
definition or higher standard shall prevail.
When a permit is denied by the Administrator, written notice shall be
given within ten (10) days to the applicant along with a brief statement
of the reasons for denial. The Administrator may suspend or revoke an
issued permit for any false statement or substantive misrepresentation
of fact in the application.
(4). Inspection. The Administrator shall cause an inspection of the zone lot
for which each permit for a new sign or for modification of an existing
sign is issued during the sixth month after the issuance of such permit
or at such earlier date as the owner may request. If the construction is
not substantially complete at the time of inspection, the permit shall
lapse and become void. If the construction is complete and in full
compliance with this ordinance and with the building and electrical
codes, the Administrator shall issue the appropriate permit(s) to be held
by the owner of the sign and be held as a permanent record of
compliance with this code. If the construction is substantially complete
but not in full compliance with this ordinance and applicable codes, the
Administrator shall give the owner or applicant notice of the
deficiencies and shall allow an additional 30 days from the date of
inspection for the deficiencies to be corrected. If the deficiencies are
not corrected by such date, the permit shall lapse. If the construction is
then complete, the Administrator shall issue the permits as described
above.
27.24.150: Nonconforming Signs and Signs Without Permits. Except as otherwise
provided herein, the owner of any zone lot or other premises on which exists a
sign that does not conform with the requirements of this ordinance or for
which there is no current and valid sign permit, shall be obligated to remove
such sign or, in the case of a nonconforming sign, to bring it into conformity
with the requirements of this ordinance.
(1). Signs Existing on Effective Date. For any sign existing in the city on
the effective date of this ordinance, an application for a sign permit
must be submitted to the administrator within six (6) months of said
effective date. The application shall include the required information of
Section 27.24.140(l) but in lieu of (e) a photograph or other forms of
documentation may be acceptable. The administrator shall make every
attempt to contact sign owners in the form of personal contact and
written notice of this six (6) month application period. For any sign on
property annexed at a later date, applications for sign permits shall be
submitted within six (6) months of the effective date of the annexation
or within such period as may be established in an annexation agreement
Page 104 - Kalispell Zoning Ordinance
between the city and the landowner. Signs that are the subject of
applications received after the applicable date set forth in this section
shall be subject to all of the terms and conditions of this ordinance and
shall not be entitled to the protection of Section 27.24.150 (2).
(2). Nonconforming Existing Signs, Permits and Terms. A sign that
would be permitted under this ordinance only with a sign permit, but
which was in existence on the effective date of this ordinance or on a
later date which the property is annexed to the city, and which was
constructed in accordance with the ordinances and other applicable
laws in effect on the date of its construction, but, which by reason of its
size, height, location, design, or construction, is not in conformance
with the requirements of this ordinance, shall be issued a
Nonconforming Sign Permit if an application in accordance with
Section 27.24.150 (1) of this ordinance is timely filed.
Such permit shall allow the sign(s) subject to such permit, which were
made nonconforming by the adoption of this ordinance, to remain in
place and be maintained (grandfathered) except as otherwise set forth
by subsections (a) through (i), below.
(a). Signs, on and off -premise, that blink, rotate, flash, or animate:
1 year to eliminate blinking, rotation, flashing, or animation.
(b). Signs, on and off -premise, that have been damaged by fire,
wind, or other involuntary causes, except in the case of
vandalism, in excess of 50% of current or replacement cost:
Immediately. In the case of vandalism, sign may be restored to
original condition if done within six (6) months.
(c). Signs, on and off -premise, which are voluntarily destroyed or
removed (except for maintenance not involving structural
modification), by owner, manager or operator of business:
Immediately.
(d). Portable signs, festoons, inflatable signage, beacons,
searchlights: 6 months.
(e). Signs requiring structural modification: 6 months.
(f). Signs requiring a change of name: Immediately unless the use
remains the same and the sign size and shape remains
unchanged with no structural modifications except for minor
modifications to the frame that holds the message rigid.
Sign Regulations - Page 105
(g). Discontinued signs: Immediately.
(h). Off -premise signs: Five (5) years unless required sooner by any
of the above schedules.
(i). Signs as of the effective date of this ordinance which were
unlawfully erected according to state or federal law:
Immediately.
(3). Exemption for Historic Signs. Notwithstanding the general and
specific provisions of this chapter, certain nonconforming signs that are
deemed to have historical significance may be retained and preserved.
Such determination shall be made by the Board of Adjustment pursuant
to the provisions of Chapter 27.31. Before an exemption granted by
variance can be made, the Board of Adjustment shall make findings of
fact based upon evidence produced at a public hearing setting forth the
sign(s) demonstrated historical significance and showing that the
following circumstances exist:
(a). The sign demonstrates characteristics of style, function, method
of construction, workmanship, design, or materials that gives
the sign its historic identity and associate it with a specific
place, time, or cultural pattern.
(b). The sign is an integral part of the original architecture and has
an association with the business.
(c). The sign is at least thirty (30) years old. If less than thirty years,
then a finding of exceptional importance of historical
significance shall be made.
(4). Exemption For Right -Of -Way Purchases. In the event additional right-
of-way is purchased by a government agency, any affected sign that
must relocate due to the increased right-of-way shall maintain a
grandfathered status and qualify for relocating outside the additional
right-of-way.
27.24.160: Violations. Any of the following shall be a violation of this ordinance and
shall be subject to the enforcement remedies and penalties provided by this
ordinance, by the zoning ordinance, and by state law:
(1). To install, create, erect, or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the zone lot
on which the sign is located;
Page 106 - Kalispell Zoning Ordinance
(2). To install, create, erect, or maintain any sign requiring a permit without
such a permit;
(3). To fail to remove any sign that is installed, created, erected, or
maintained in violation of this ordinance, or for which the sign permit
has lapsed; or
(4). To continue any such violation. Each such day of a continued violation
shall be considered a separate violation when applying the penalty
portions of this ordinance.
Each sign installed, created, erected, or maintained in violation of this
ordinance shall be considered a separate violation when applying the
penalty portions of this ordinance.
27.24.170: Enforcement and Remedies. Any violation or attempted violation of this
Chapter or of any condition or requirement adopted pursuant hereto may be
restrained, corrected, or abated, as the case may be, by injunction or other
appropriate proceedings pursuant to state law. A violation of this Chapter shall
be considered a violation of the zoning ordinance of the city. The remedies of
the city shall include the following:
(1). Issuing a stop -work order for any and all work on any signs on the
same zone lot;
(2). Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the
nonconformity;
(3). Imposing any penalties that can be imposed directly by the city under
the zoning ordinance;
(4). Seeking in court the imposition of any penalties that can be imposed by
such court under the zoning ordinance; and
(5). In the case of a sign that poses an immediate danger to the public health
or safety, taking such measures as are available to the city under the
applicable provisions of the zoning ordinance and building code for
such circumstances.
The city shall have such other remedies as are and as may from time to time be
provided for or allowed by state law for the violation of the zoning ordinance.
All such remedies provided herein shall be cumulative. To the extent that state
law may limit the availability of a particular remedy set forth herein for a
Sign Regulations - Page 107
certain violation or a part thereof, such remedy shall remain available for other
violations or other parts of the same violation.
27.24.180: Removal of Signs By the Administrator. The administrator may cause the
removal of an illegal sign in cases of emergency (health and safety), or for
failure to comply with the written orders of removal or repair. After removal or
demolition of the sign, a notice shall be mailed to the sign owner stating the
nature of the work and the date on which it was performed and demanding
payment of the costs as certified by the Administrator together with an
additional ten (10) percent for inspection and incidental costs.
If the amount specified in the notice is not paid within sixty (60) days of the
notice, it shall become a lien against the property of the sign owner, and will be
certified as an assessment against the property together with a ten (10) percent
penalty for collection in the same manner as the real estate taxes.
The owner of the property upon which the sign is located shall be presumed to
be the owner of all signs thereon unless facts to the contrary are brought to the
attention of the Administrator, as in the case of a leased sign.
For purposes of removal, the definition of sign shall include all sign
embellishments and structures designed specifically to support the sign.
27.24.190 Appeals. Appeals to the Board of Adjustment may be made when a
completed application is not acted upon within ten (10) days of receipt by the
administrator or if the applicant is denied a permit. Appeals to the board may
also be made pertaining to a notice of violation. The appeal procedure is set
forth in Chapter 27.32. All appeals to the Board of Adjustment shall also
include a recommendation by the architectural review committee.
The action being appealed shall be held in abeyance pending the decision of the
board.
27.24.200: Variances. A variance to the regulations of this chapter may be sought for
those situations where the application of these regulations would create a
unique hardship due to the special circumstances of a particular property. The
variance procedure as set forth in Chapter 27.33 shall not be used to
circumvent these regulations or be used to gain special treatment. "Unique
Hardship" shall not be broadly interpreted or apply to general situations of
economic hardship. All variance requests to the Board of Adjustment shall
also include a recommendation from the architectural review committee.
Page 108 - Kalispell Zoning Ordinance
CHAPTER 27.25
NONCONFORMING LOTS, USES AND STRUCTURES
Sections:
27.25.010 Intent
27.25.020 Nonconforming Uses of Land
27.25.030 Nonconforming Uses of Structures
27.25.040 Nonconforming Accessory Uses and Structures
27.25.045 Changes to Nonconforming Residential Structures
27.25.050 Repairs and Maintenance
27.25.060 Reconstruction
27.25.010: Intent. It is the intent of this chapter to permit non -conformities which were
lawful before the adoption of this code to continue until they are removed. It is
further the intent of this chapter that nonconformities shall not, unless
otherwise permitted by this chapter, be enlarged upon or expanded, or be used
as grounds for adding other structures or uses prohibited elsewhere in the same
district. (Amended Ordinance No. 1218.)
Non -conforming uses are declared by this chapter to be incompatible with
permitted uses in the district involved. However, to avoid undue hardship,
nothing in this chapter shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment to this
title and which actual building construction has been carried on diligently. A
change of tenancy, ownership, or management of any legally existing
nonconforming use is allowed.
27.25.020: Nonconforming Uses of Land. Where at the time of passage of this code
lawful use of land exists which would not be permitted by the regulations
imposed by this title, the use may be continued so long as it remains otherwise
lawful, provided:
(1). No such nonconforming structure may be altered or enlarged in any
way which increases its nonconformity, except as provided in Section
27.25.030(5), but any structure or portion thereof may be altered to
decrease its nonconformity.
(2). Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
Nonconforming Lots, Uses and Structures - Page 109
(3). Should a nonconforming use of land be discontinued for a period of
one hundred eighty (180) days, further use of the property shall
conform to this ordinance.
27.25.030: Nonconforming Uses of Structures. If lawful use of a structure, or of
structures and premises, exist at the effective date of adoption or amendment
of this code that would not be allowed in the district under the terms of this
title, the lawful use may be continued so long as it remains otherwise lawful,
providing that:
(1). No existing structure devoted to a nonconforming use shall be
enlarged, extended, constructed, or structurally altered, unless the use
is changed to a permitted use, or the enlargement, extension,
construction or structural alteration is accomplished according to the
provisions of Section 27.25.030(6).
(2). Any nonconforming use may be extended to any other part of a
building designed for such use, but no such use may be extended in any
way to occupy land outside the building except as provided in Section
27.25.030(6).
(3). Any structure, or structure and land, in or on which a nonconforming
use is superseded by a permitted use shall thereafter conform to the
regulations of the district in which it is located and the nonconforming
use may not thereafter be resumed.
(4). Whenever a nonconforming use of a structure or a premises ceases for
one hundred and eighty (180) days, the structure or premises shall not
thereafter be used except in conformance with the regulations of the
district in which it is located. The term "ceases" as used in this
subsection shall mean that the activity in question has not been in
operation for a period of one hundred eighty (180) days.
(5). Where nonconforming use status applies to both structure and land, the
removal or destruction of the structure shall eliminate the
nonconforming status of the land.
(6). A structure devoted to a nonconforming use may be enlarged,
extended, constructed or structurally altered, and a use of land devoted
to a nonconforming use may be enlarged or extended, if a
nonconforming use permit is obtained.
a. Any changes(s) allowed by such permit(s) is/are limited to a
cumulative increase of 50 percent in the area devoted to the
Page 110 -Kalispell Zoning Ordinance
nonconforming use. The allowable increase shall apply to each
of the following: the gross square footage of land occupied by
the use, the gross square footage of the footprint of the
structure(s) and the gross square footage of the floor area of the
structure(s).
b. Whenever the expansion of a nonconforming use involves an
increase of 25 percent or less of the area devoted to the
nonconforming use, a nonconforming use expansion permit
shall be issued as an administrative conditional use permit as per
Section 27.34.040(2).
C. A nonconforming use expansion permit for any expansion
involving more than 25 percent, but less than or equal to 50
percent, shall be obtained by following the procedures for a
conditional use permit set for in Section 27.34.010, et seq.. In
which case, the city council shall review the application under
the provisions of Section 27.34.080 through 27.24.200.
27.25.040. Nonconforming Accessory Uses and Structures. No use or structure which
is accessory to a principal nonconforming use or structure shall continue after
such principal use or structure shall have ceased or terminated, unless such
accessory use or structure shall thereafter conform to all the regulations of the
zoning district in which it is located. Nonconforming signage shall be further
regulated by Section 27.24.150 of this ordinance.
27.25.045. Changes to Nonconforming Residential Structures. A residential structure
conforming with respect to use but nonconforming with respect to height,
setback or lot coverage may be enlarged or altered provided that the
enlargement or alteration does not further deviate from these regulations.
Further, the repair or replacement of bearing walls is permitted on any
nonconforming residential structure. (Amended Ordinance No. 1218.)
27.25.050: Repairs and Maintenance. On any nonconforming structure or portion of
the structure containing a nonconforming use, work may be done on ordinary
repairs and fixtures, wiring, plumbing, or repair or replacement of non -bearing
walls, to an extent not exceeding ten (10) percent of the replacement value of
the building in any one year, provided that such work does not increase the
cubic content of the building. Nothing in this Chapter shall be deemed to
prevent the strengthening or restoring to a safe condition of any building or
portion thereof declared to be unsafe by any official charged with protecting
the public safety, upon order of such official.
Nonconforming Lots, Uses and Structures - Page 111
27.25.060: Reconstruction. A nonconforming building, structure or use upon the land
having been wholly or partially damaged or destroyed by fire or other calamity
may be reconstructed, provided that reconstruction is commenced within one
hundred eighty (180) days of the date of destruction. If reconstruction has not
commenced within one hundred eighty (180) days, the property, building and
structure or use upon the land shall not thereafter be occupied, except by a use
which is permitted in the district in which it is located. Any reconstruction must
be completed without unreasonable delay. This provision shall not exempt the
structure or use from other applicable regulations nor does it allow the
replacement of structures or uses that were willfully demolished, destroyed, or
removed.
Page 112 - Kalispell Zoning Ordinance
CHAPTER 27.26
OFF-STREET PARKING
Sections:
27.26.010
Intent
27.26.020
Permit
27.26.030
Design
27.26.040
Special Provisions
27.26.050
Minimum Standards By Use
27.26.010: Intent. The intent of this section is to reduce traffic congestion and the need
for parking on public streets and hazards caused thereby, and to provide off-
street parking adequate for each type of development in terms of quantity,
location and design.
27.26.020: Permit. No building permit shall be issued within the city limits for the
construction or enlargement of any building or structure nor shall said permits
be issued for the remodeling of an existing residence into a non-residential use
within the City unless the requirements established by this ordinance regarding
off-street parking areas are satisfied.
27.26.030: Design. Off-street parking required for uses herein specified shall be for use
only by vehicles of employees, customers, and residents of the activity served.
(1). Size. Except as provided herein, each off-street parking space shall
have a net area of not less than one hundred eighty square feet,
exclusive of driveways or aisles, and shall be of usable shape and
condition, except single family residential which may utilize driveways.
To determine the parking space on a gross area basis, three hundred
square feet shall be allowed per vehicle. The parking and maneuvering
area shall be located entirely on privately owned property.
(2). Location. Off-street parking facilities shall be located as herein -after
specified. When a distance is specified, such distance shall be in walking
distance measured from the nearest point of the parking facility to the
nearest point of the building that such facility is required to serve:
(a). For residential dwellings: Off-street parking is required on the
same lot with the building it is required to serve; and
Off Street Parking - Page 113
(b). For hospitals, sanitariums, convalescent homes, nursing homes,
rest homes, homes for the aged, asylums, retirement homes,
rooming and boarding houses and all other uses not herein
specified: Off-street parking is required within three hundred
feet from the zoning lot it is required to serve and must be
located within the same zoning classification as the use intended
to be served;
(c). Such off -site parking areas must abut a public street or alley and
shall be owned or leased by the owner or lessee of the building
being served by such parking and such parking lot shall have a
recorded land covenant requiring such land to be maintained as
a parking lot so long as the building and/or use served is in
operation or another suitable parking area is established to the
satisfaction of the building official.
(d). Required parking spaces shall not be located in any required
front or side yard, except one required off-street parking space
for each single family residential use may fall into the front yard
setback. In addition, multi -family dwelling units not served by
an alley may place one off-street parking space per dwelling unit
in the required front yard setback area. No parking space in the
front yard shall extend to within five (5) feet of the property
line.
(e). Required parking may be allowed to locate within the front and
side yard setbacks in the following sections:
1). In R-5 zones:
i). Vehicles will be allowed to park within ten (10)
feet (half of the front yard requirement) of the
front lot line.
ii). Vehicles will be allowed to parking within five
(5) feet of any side corner lot line.
iii). Vehicles will be allowed to park in the side yard
setback as long as a sight obscuring fence is
constructed along the side lot line obscuring the
presence of the park vehicles. This requirement
may be waived where this property abuts an
existing parking lot. (Note: When a designated
parking lot abuts a residentially zoned property
other than the R-5 zone, the side yard abutting
Page 114 - Kalispell Zoning Ordinance
the residential zone may not be used for
parking.)
2). In B-1, B-2, B-3, B-5, H-1, and I-1 zones:
i). Vehicles will be allowed to park within five (5)
feet of the front and side corner lot line. A five-
foot green landscape buffer shall be required
between the parking and lot lines.
ii). Vehicles will be allowed to park in the side yard
setback as long as a sight obscuring fence or
landscaping is constructed along the side lot line
obscuring the presence of the park vehicles.
This requirement may be waived where property
abuts an existing parking lot. (Note: When a
designated parking lot abuts a residentially zoned
property other than the R-5 zone, the side yard
abutting the residential zone may not be used for
parking.)
(3). Plans. A plan of the proposed off-street parking facility shall be
appurtenant to a site plan (27.22.040) and be submitted along with the
application for the building permit for the use the off-street parking is
required to serve. Said plan shall clearly indicate curb cuts, lighting,
landscaping, construction details, fencing, striping, surfacing materials,
pedestrian circulation, snow storage areas and other features which
may be required by the building official or the Site Development
Review Committee.
When more than four (4) off-street parking spaces are required, the
parking area shall be designed in accordance to the standards of Figure
1, Appendix A.
(a). All traffic control devices such as parking stripes, directional
arrows, wheel stops, curbs and other developments shall be
installed and completed as shown on the approved plans.
(b). Upon review of any permit application with the city involving
existing structures, the parking area design of the affected use
shall be reviewed to gain substantial compliance with these
regulations.
Off Street Parking - Page 115
(4). Construction. All off-street parking spaces and associated access
areas shall be improved with a minimum of two (2) inches of asphalt or
concrete in accordance to City of Kalispell design specifications.
(5). Drainage. All off-street parking areas shall be designed and
constructed to allow proper drainage. An engineered drainage plan
shall be submitted for all parking facilities having four (4) or more
required spaces.
(6). Landscaping and Screening. All parking areas for over four (4)
vehicles, vehicle sales areas, and service drives shall meet the following
conditions as well as the parking lot design standards found in Figure 1,
Appendix A.
(a). A minimum of five percent (5%) of the total parking lot area
shall be landscaped. Landscaping is particularly encouraged
along the perimeter of the parking lot for the purpose of
providing a visual relief between a public street and the parking
lot.
(b). The perimeter landscape buffer along a street shall consist of
planting materials or planting materials and man-made features
to create, at a minimum, a three (3) foot high visual relief screen
in the form of a hedge, fence, planter box, berm, dividers,
shrubbery or trees, or a combination of the above. All
landscaping to form such visual relief shall create a two (2) foot
tall minimum screen at planting. Perimeter landscaping
adjoining a landscaped boulevard shall be designed in
cooperation with the city parks director.
(c). There shall be a 3 1/2 - 6 1/2 foot high vegetative visual relief
screen when bordering or adjacent to a residential zone unless
said border follows a public alley or street.
(d). A performance bond may be required to insure compliance with
this section and to cover maintenance for a period not to exceed
one year after time of planting.
(7). Lighting. Any lights provided to illuminate any public or private
parking area or vehicle sales area shall be so arranged as to reflect the
light away from any abutting or adjacent residential land use district or
residential use and away from any public rights -of -way.
Page 116 - Kalispell Zoning Ordinance
(8). Snow Storage. Each parking area shall incorporate an area dedicated
to snow storage. Said area shall be outside the minimum required
designated parking lanes and spaces. In lieu of a storage area, a plan
can be submitted to guarantee removal of snow by hauling but such
plan cannot reduce the number of required spaces.
27.26.040: Special Provisions.
(1). Expansion, Enlargement or Conversion. Whenever any building is
enlarged in height or in ground coverage, off-street parking shall be
provided for said addition. Parking spaces shall be increased whenever
a change of use increases the parking demands, except for properties
within the boundaries of the Special Parking Maintenance District No.
2 as shown in Figure 2, Appendix B. The requirement for additional
spaces shall equate to the difference between the number of parking
spaces required for the existing use and the proposed use. If any
residential building or structure existing on or after the effective date of
these regulations is converted to a non-residential use, off-street
parking shall be provided. (Amended Ordinance No. 1202.)
(2). Nonconforming Uses. Nothing in this ordinance shall be deemed to
prevent the voluntary establishment of off-street parking facilities to
serve any existing use of land or buildings even though nonconforming;
provided, that all regulations herein governing the location, design, and
operation of such facilities are adhered to.
(3). Mixed Occupancies. In the case of mixed uses, the total requirements
for the various uses shall be computed separately.
(4). Uses Not Specified. In the case of a use not specifically mentioned
below, the requirements for off-street parking facilities shall be
determined by the zoning commission. Such determination shall be
based upon the requirements for the most similar use listed.
(5). Joint Use. The zoning administrator may authorize the joint use of
parking facilities for the following uses or activities under conditions
specified:
(a). Up to fifty percent (50%) of the parking facilities required by
this ordinance for primarily "night time" uses such as theaters,
bowling alleys, bars, restaurants and related uses, may be
supplied by certain other types of buildings or uses herein
referred to as "day time" uses such as banks, offices, retail and
Off Street Parking - Page 117
personal service shops, clothing, food, furniture, manufacturing
or wholesale and related uses.
(b). Up to fifty percent (50%) of the parking facilities required by
this ordinance for primarily "day time" uses may be supplied by
primarily "night time" uses.
(c). Up to one hundred percent (100%) of the parking facilities
required by this ordinance for a church building or for an
assembly facility incidental to a public or private school, may be
supplied by the off-street parking facilities provided by uses
primarily of a "day time" nature.
(6). Access Standards. Access to businesses, service stations, roadside
stands, public parking lots and all other businesses requiring motor
vehicle access shall meet the requirements as hereinafter provided or as
prescribed by the Approach Standards for Montana Highways
(whichever requirements are greater).
(a). Clear vision triangles shall be observed regarding all
landscaping and structures.
(b). Access onto public rights -of -way shall be controlled and be
limited to no more than two (2) approaches per 100 feet.
(c). Parking areas and driveways serving four (4) or more dwelling
units and all other uses shall be arranged to permit vehicular
traffic to move into and out of parking areas, driveways, and
ramps without the backing of any vehicle onto a street or
highway.
(d). Parking areas, driveways, maneuvering aisles, ramps, and turn-
around areas shall be kept free and clear of obstructions at all
times.
(e). In all cases where there is an existing curb and gutter or
sidewalk on the street, the applicant for a permit shall provide a
safety island (boulevard) along the entire frontage of the
property, except in the area of the permitted driveways. The
boulevard shall be bounded by concrete curb, the height,
location and structural specifications of which shall be approved
by the Site Development review Committee.
(f). Where there is no existing curb and gutter or sidewalk, the
applicant shall install such curb, gutter and sidewalk and, except
Page 118 - Kalispell Zoning Ordinance
for the driveways, shall install a landscaped boulevard along the
entire length of the property line if required by the Site
Development Review Committee.
(g). No two driveway/access roadways shall be closer to each other
than twelve (12) feet on the same parcel, and no roadway shall
be closer to a side property line than two (2) feet.
(7). Conditions Required For Joint Use. The building or use for which
application is being made to utilize the off-street parking facilities
provided by another building or use shall be located within three
hundred (300) feet of such parking facilities in addition to which:
(a). The applicant shall show that there is no substantial conflict in
the principal operating hours of the two buildings or uses for
which joint use of off-street parking facilities is proposed;
(b). The applicant shall present to the zoning administrator a
properly drawn legal instrument to be recorded with the county
clerk and recorder, executed by the parties concerned for joint
use of off-street parking facilities and approved as to form and
manner of execution by the city attorney; such instrument to be
filed with the zoning administrator.
(8). Handicapped Parking Spaces. Handicapped parking spaces shall be
provided subject to Federal standards enumerated in the Federal
Register, dated August 4, 1982, Subpart C, Section 1190.31,
"Accessible Building and Facilities: New Construction." Each space
shall be signed and marked.
(9). Compact Parking Spaces. Compact parking spaces may be permitted
for parking lots containing more than four (4) parking spaces. No more
than 20 percent of the off-street parking requirement shall be met by
the use of compact spaces and all such spaces shall be suitably marked
on the site. A compact space shall be no smaller than eight (8) feet by
sixteen (16) feet. This requirement shall not prevent the provision of
additional compact spaces when the minimum number of spaces
required by this chapter have been satisfied.
(10). Fleet Vehicles. Businesses with an associated vehicle service fleet shall
provide one (1) space per fleet vehicle, together with any other
required off-street parking spaces for employee and customer parking.
Off Street Parking - Page 119
(11). Within Special Parking Maintenance District No. 2. Property
Located within Special Parking Maintenance District No. 2 shall
provide one (1) parking space for every four hundred (400) square feet
of gross floor area, but in no case shall more parking be required than is
otherwise provided for under Chapter 27.26, Off Street Parking.
27.26.050: Minimum Standards By Use. Required parking spaces shall be in
conformance with this section and where alternative standards prevail, the
greater applies in conflicting computations; where the total quota results in a
fraction, the next highest full unit shall be provided. Parking spaces within a
structure, such as carports, garages, parking garages, shall apply toward the
total parking space requirement.
(1). Athletic Clubs: 1 space per 200 gross square feet of floor area.
(2). Auditoriums and Assembly Halls: 1 space per 5 fixed seats or 1
space per 40 square feet of floor area, whichever is greater.
(3). Banks: 1 space per 150 square feet of gross floor area of customer
sales and service, plus 1 space per 200 square feet of storage and/or
office gross floor area, plus 5 spaces off-street waiting (loading) spaces
per drive-in lane.
(4). Beauty and Barber Shops: 3 spaces per operator or 1 space per 100
square feet of gross floor area, whichever is larger, plus 1 space per
employee on the largest shift.
(5). Botanical and Zoological Gardens: 1 space per 10,000 square feet
of lot area.
(6). Bowling Alleys: 8 spaces per alley.
(7). Business and Professional Offices (other than medical and dental
offices) with On -Site Customer Service: 1 space per 400 square feet
gross floor area.
(8). Cemetery: 1 space per employee, plus 1 space per 1,000 square feet
of developed ground area.
(9). Churches: 1 per 5 seats or 60 lineal inches of pew or 40 square feet of
gross floor area used for assembly purposes.
(10). Commercial or Trade School: 1 space per 3 students, plus 1 space
per employee (including faculty) at capacity class attendance period.
Page 120 - Kalispell Zoning Ordinance
(11). Community and Recreation Center: 1 space per 250 square feet of
gross floor area or 1 space per 4 patrons to the maximum capacity, plus
1 space per employee on the largest shift.
(12). Convalescent Homes or Nursing Homes: 1 per 5 beds plus 1 per
each staff member on duty on a maximum shift.
(13). Convenience Grocery: 1 space per 100 square feet of gross floor
area.
(14). Convention Hall Facilities and Meeting Rooms (Freestanding): 1
space per 20 seating capacity.
(15). Day Care Home, Day Care Center, Group Day Care Home or
Nursery School: One space for teacher/employee plus one loading
space per six students with a maximum of two loading spaces to be
provided on the street adjacent to the property where the facilities are
located.
(16). Drive -Through and Fast Food Restaurants: One space per 100 feet
of gross floor area plus one space per employee on the largest shift and
a minimum of four stacking spaces.
(17). Food and Beverage Places with Sale and Consumption On
Premises: If less than 4,000 square feet floor area: 1 per 100 square
feet gross floor area.
If over 4,000 square feet floor area: 40 + 1 per 200 square feet gross
floor area in excess of 4,000 square feet.
(18). Furniture, Appliance, Hardware, Clothing, Shoe Stores: 1 per 600
square feet floor area.
(19). Golf Courses: 3 spaces per hole of main course.
(20). Golf Driving Range: 1 space per tee, plus 1 space per employee on
the largest work shift.
(21). Grocery and Supermarkets: 1 space per 300 square feet of gross
floor area.
(22). Homes for the Aged, Disabled or Handicapped: 1 space per 5 beds
for bed -care patients, 1 space per 5 dwelling or lodging units for other
Off Street Parking - Page 121
occupants, plus 1 space for each staff member on duty on a maximum
shift.
(23). Hospitals: 1 per 2 beds, excluding bassinets, plus 1 per 5 employees
on maximum working shift, plus 1 per each staff doctor.
(24). Hotels, Motels: 1 per sleeping room plus 1 per each 2 employees.
(25). Housing for the Elderly, Housing Projects (where 90% of the units
are occupied by persons 60 years of age or older): .5 per dwelling
unit or lodging unit.
(26). Junkyards and Wrecking Yards: 1 space per 10,000 square feet of
gross land area, plus 1 space per employee on the largest shift.
(27). Libraries, Museums and Art Galleries: 1 per each 500 square feet
gross floor area.
(28). Manufacturing Uses, Research Testing and Processing,
Assembling all Industries: 1 per each 2 employees on maximum shift
but not less than 1 per each 800 square feet gross floor area.
(29). Medical and Dental Offices: One space per each 200 gross square
feet of floor area. (Amended Ordinance No. 1208)
(30). Miniature Golf Course: 1.5 spaces per hole, plus 1 space per
employee on the largest work shift.
(31). Mini -Warehouses: 1 space per 10 storage cubicles, plus 2 spaces for
manager's residence, plus 1 space per 25 storage cubicles located at the
warehouse office.
(32). Mortuaries: 1 per 75 square feet of gross floor area used for
assembly.
(33). Nursery and Landscaping Supply Uses: 1 space per employee on
the largest shift, plus 1 space per 200 square feet of gross floor area of
inside sales or display.
(34). Offices Not Providing Customer Service: 1 per 4 employees but not
less than 1 per 400 square feet of gross floor area.
(35). Other Retail --If less than 5,000 square feet floor area: 1 per 200
square feet gross floor area.
Page 122 - Kalispell Zoning Ordinance
If over 5,000 square feet floor area: 25 + 1 per each 300 square feet in
excess of 5,000 square feet.
(36). Outdoor Swimming Pool: 1 space per 75 square feet of gross water
area plus 1 space per employee of the largest shift.
(37). Private Clubs and Lodges, Special Centers, Athletic Clubs and
similar uses: 1 space per 10 seats or 1 space per 100 square feet
whichever is greater.
(38). Recreational Vehicle Park: 1.5 spaces per each recreational vehicle
site, plus 1 space per employee on the largest shift.
(39). Repair Services: 1 space per 300 square feet of gross floor area, plus
1 space per employee on the largest shift.
(40). Residential, Duplex or Multi -Family: 2 per dwelling unit, on site,
plus one half (.5) per dwelling unit, on zoning lot or street, for
overflow or guest parking. (Amended Ordinance No. 1203.)
(41). Residential, Single Family and accessory single family: 2 per
dwelling unit.
(42). Rooming Houses, Dormitories and Boarding Houses: 1 per bed.
(43). Schools, Elementary and Junior High: 1 per each employee and
faculty but not less than assembly facility area requirement of 1 per 4
seats.
(44). Schools, High and Colleges: 1 space per 5 students plus 1 per each
employee and faculty member plus 1.5 spaces for each classroom or
lecture hall plus one space per each three (3) fixed seats in the area of
public assembly or one space per 21 square feet of area available for
public assembly if fixed seats are not provided.
(45). Service Stations: 3 spaces per service bay.
(46). Shelters: 1 per 5 occupancy.
(47). Shopping Center: 5 spaces per 1,000 square feet of gross floor area.
(See other retail for alternate parking ratio.)
(48). Skating Rink, Ice or Roller: 1 space per 300 square feet of gross
floor area.
Off Street Parking - Page 123
(49). Stadiums, Sport Areas and Similar Open Assemblies: 1 per 8 seats
plus 1 each per 100 square feet of assembly space.
(50). Swimming Facility: 1 space per 75 square feet of gross water area,
plus 1 space per employee on the largest shift.
(51). Tennis, Racquetball, Handball Courts: 4 spaces per court, plus 1
space per employee on the largest shift.
(52). Theaters: 1 per 4 seats.
(53). Vehicle Repair and Maintenance Services other than Service
Stations: 1 space per 400 square feet of gross floor area, plus 1 space
per employee on the largest work shift.
(54). Vehicle Sales and Service: 1 space per 1,500 square feet of gross
floor area plus 1 space per employee of the largest shift.
(55). Veterinary Clinic, Pound, Shelter, Commercial Kennel: 1 space
per 400 square feet of gross floor space; minimum of 4 spaces.
(56). Warehouse, Storage and Wholesale Business (with no outlet sales)
and Freight Terminals: 1 per each employee on maximum working
shift.
Page 124 - Kalispell Zoning Ordinance
CHAPTER 27.27
OFF-STREET LOADING
Sections:
27.27.010 Intent
27.27.020 Standards
27.27.030 Berths Required
27.27.010: Intent. The intent of this chapter is to reduce traffic hazards and congestion
by providing off-street loading berths on the same lot as the building to be
served by deliveries of goods without adverse effects on adjacent properties.
27.27.020: Standards.
(1). Off-street loading berths shall be provided on the same lot as the use
they serve and shall not occupy the front yard.
(2). No loading berth shall be located closer to a residentially zoned lot than
50 feet unless enclosed by a wall or solid fence, not less than six (6)
feet in height.
(3). Each loading berth shall be designed with access to a public street or
alley and so designed as not to interfere with traffic movement.
(4). Each berth shall be at least 12 feet by 35 feet in size with a height
clearance of 18 feet.
(5). Loading berths shall not be considered as off-street parking spaces.
(6). All or part of the required loading berths may be within buildings.
27.27.030: Berths Required. Off-street loading berths shall be provided in accordance
with the following schedule. If more than one use is combined in one building,
the number of berths can be reduced as determined by the zoning
administrator. Where uses are not specifically mentioned, the number of berths
shall be determined by the zoning administrator using as a guide the most
similar use listed below.
Downtown Buildings in the Central Business District (B-4) without off-street
loading berths may be changed from one permitted use to another permitted
use without compliance of this section.
Off Street Loading - Page 125
USE
GROSS FLOOR AREA
NUMBER OF BERTHS
SQUARE FEET
REQUIRED
Multiple Dwellings with over
16 units and more than
three floors
----------
1
Schools, Auditoriums,
Over 20,000-50,000
1
Meeting Halls
150,000-300,000
2
Each Additional 300,000
1
Department Stores, and
7,000-14,000
1
Other Retail Shops,
14,000-40,000
2
Restaurants and Funeral
40,000-80,000
3
Homes
Each Additional 50,000
1
Hospitals, Clinics, Jails
10,000-100,000
1
Each Additional 250,000
1
Hotel or Office Building
25,000-40,000
1
40,000-100,000
2
Each Additional 100,000
1
Industrial Plant,
10,000-40,000
1
Manufacturing, or Wholesale
40,000-65,000
2
Establishment
65, 000-100, 000
3
Each Additional 50,000
1
Page 126 - Kalispell Zoning Ordinance
CHAPTER 27.28
ZONING ADMINISTRATOR
Sections:
27.28.010 Creation
27.28.020 Powers and Duties
27.28.030 Limitations Of Power
27.28.010: Creation. There is hereby created the position of a Kalispell Zoning
Administrator who shall be a duly appointed person charged with the
administration, interpretation and enforcement of these Zoning Regulations.
27.28.020: Powers and Duties. The zoning administrator, his assistant or designee will:
(1). Enforce any and all of the provisions of these regulations.
(2). Keep complete, accurate and secure records.
(3). Accept applications and appeals and insure their appropriateness and
completeness.
(4). Accept and remit fees as established in the adopted administrative
procedures.
(5). Update these regulations and the official zoning map as directed by the
city council.
(6). Provide for the accuracy and security of the official zoning map.
(7). Undertake any other administrative function appropriate to the office of
the zoning administrator.
(8). Report to the city manager any recommendations for changes and
improvements in these regulations and the procedures therein.
(9). Issue any permit granted by the Board of Adjustment and make
periodic inspections to verify that all conditions of such granted permits
are complied with by the applicant or his agent.
Zoning Administrator - Page 127
(10). Receive and investigate allegations of non-compliance or violation of
these regulations, report findings to the city council, and file a
complaint where such allegations are based in apparent fact.
(11). Refer any matters under appeal to the Board of Adjustment for their
action.
(12). Make recommendations to the Board of Adjustment in connection with
any application for variance.
(13). Determine the location of any district boundary shown on the zoning
map adopted as part of these regulations when such location is in doubt
as provided for in 27.02.040 of these regulations.
(14). Refer to the Zoning Commissie Board of Adjustment of any appeal of
the determination of the zoning administrator as relative to Section
27.02.050.
(15). Issue zoning lot determinations upon request for a landowner who
desires to utilize multiple contiguous lots as a single parcel for
application of the bulk and dimensional requirements of this ordinance.
27.28.030: Limitations of Power. The zoning administrator shall not:
(1). Make any changes in the uses categorically permitted in any zoning
classification or zoning district, or make any changes in the terms of
these Zoning Regulations, or make any changes in the terms,
classifications or their boundaries on the official zoning map without
the prior specific direction of the city council following the procedures
herein set forth by these regulations.
(2). Issue any variance without the specific direction to do so from the
Board of Adjustment.
Page 128 - Kalispell Zoning Ordinance
CHAPTER 27.29
ZONING COMMISSION
Sections:
27.29.010 Creation
27.29.020 Membership
27.29.030 Powers and Duties
27.29.010: Creation. There is hereby created the "Zoning Commission" also known as
the Kalispell Cityy Planning Board and Zoning Commission for the City
of Kalispell in accordance to 76-2-307 (MCA).
27.29.020: Membership. The membership of the "zoning commission" shall consist of
nine (9) members, having terms and qualifications as set forth by 76-1-201-
204, MCA. The members of the zoning commission shall serve without
compensation, other than reimbursement for approved budgeted expenditures
incurred in carrying out the functions of the zoning commission.
27.29.030: Powers and Duties. It shall be the duty of the zoning commission to hold
public hearings where necessary and make recommendations to the city council
on all matters concerning or relating to the creation of zoning districts, the
boundaries thereof, the appropriate regulations to be enforced therein, the
amendments of these regulations, Conditional Use Permits, and any other
matter within the scope of the zoning power. The zoning commission is also
authorized to confer and advise with other city, county, regional, or state
planning or zoning commissions.
.:IN
Amendments and Changes - Page 129
CHAPTER 27.30
AMENDMENTS AND CHANGES
Sections:
27.30.010
Initiation and Amendment
27.30.020
Investigation of Amendment
27.30.030
Hearing for Amendment
27.30.040
County Zoning In Jurisdictional Area
27.30.010: Initiation and Amendment. The city council may, from time to time, amend,
supplement, or change the text of this ordinance and the Official Zoning Map.
An amendment, supplement, or change may be initiated by the city council or
the zoning commission.
A property owner affected by these regulations may also seek an amendment
or change to these regulations via petition and application to the Flathead
Regional Development nf,.o City planning office.
27.30.020: Investigation of Amendment. Upon initiation of an amendment by the city
council or the zoning commission, or upon petition from a property owner, the
zoning commission shall cause to be made such an investigation of facts
bearing on such initiation or petition as will provide necessary information to
assure that the action of each such petition is consistent with the intent and
purpose of this title.
When considering an application for amendment to the Official Zoning Map,
the zoning commission and city council shall be guided by and give
consideration to the following:
(1). Whether the new zoning was designed in accordance with the Master
Plan.
(2). Whether the new zoning was designed to lessen congestion in the
streets.
(3). That historical uses and established use patterns and recent change -in -
use trends will be weighed equally and consideration not be given to
one to the exclusion of the other.
(4). Whether the new zoning will secure safety from fire, panic, and other
dangers.
Page 130 - Kalispell Zoning Ordinance
(5). Whether the new zoning will promote health and general welfare.
(6). Whether the new zoning will prevent the overcrowding of the land.
(7). Whether the new zoning will avoid undue concentration of people.
(8). Whether the new zoning will provide adequate light and air.
(9). Whether the new zoning will facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements.
(10). Whether the new zoning gives consideration to the particular suitability
of the property for particular uses.
(11). Whether the new zoning was adopted with a view of conserving the
value of property.
(12). Whether the new zoning will encourage the most appropriate use of
land throughout the municipality.
27.30.030: Hearing for Amendment. The zoning commission shall hold public hearings
on the matters referred to in such initiation or petition at which parties in
interest and citizens shall have an opportunity to be heard. At least 15 days
notice of time and place of such hearing shall be published in an official paper
or paper of general circulation in the City. All property owners within 150 feet
of the site of the proposed zone change shall be notified via the United States
mail at least 15 days prior to the public hearing. Names and addresses of
adjoining property owners will be provided to the Flathead Regional
Development llf..o City planning office by the applicant and will be certified
by the County Clerk and Recorder's Office or an authorized title company.
After such hearing or hearings, the zoning commission will make reports and
recommendations on said petition or initiation to the city council. (Amended
Ordinance No. 1186.)
The zoning commission shall forward to the city council its recommendation
on the proposed amendment to either the text or the Zoning District Map.
Based on the results of the zoning commission hearing, the staff report and the
findings of the zoning commission, the city council shall by ordinance render a
decision to grant, amend or deny the requested amendment. In case, however,
of protest signed against such changes, signed by the owners of 25 percent or
more either of the area of the lots included in such proposed change or of those
lots immediately adjacent on either side thereof within the block or of those
directly opposite thereof extending 150 feet from the street frontage of such
Amendments and Changes - Page 131
opposite lots, such amendments shall not become effective except by the
favorable vote of two-thirds of present members of the city council.
Page 132 - Kalispell Zoning Ordinance
CHAPTER 27.31
BOARD OF ADJUSTMENT
Sections:
27.31.010 Creation
27.31.020 Membership
27.31.030 Powers and Duties
27.31.040 Limitations of Power
27.31.050 Secretary and Records
27.31.060 General Application Process
27.31.070 Meeting Procedures
27.31.010: Creation. There is hereby created the 'Board of Adjustment" for the City of
Kalispell in accordance to 76-2-321, MCA.
27.31.020: Membership. The membership of the Board of Adjustment shall consist of
five (5) members having terms and qualifications as set forth by 76-2-322,
MCA. The members shall serve without compensation.
27.31.030: Powers and Duties. The Board of Adjustment shall have authority to:
(1). To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an
administrative official in the enforcement of this part or of any
ordinance adopted pursuant thereto; and,
(2). To authorize upon appeal in specific cases such variance from the terms
of the ordinance as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions of
the ordinance will result in unnecessary hardship and so that the spirit
of the ordinance shall be observed and substantial justice done.
27.31.040: Limitations of Power. The Board of Adjustment shall not by either variance
or appeal process make any change in the uses categorically permitted in any
zoning classification or zoning district; or amend the zoning text or map.
27.31.050: Secretary and Records. The city manager shall assign a secretary to the
board. The secretary shall maintain and be custodian of all records of the
minutes of the board and findings and decisions of the board. All records shall
be open to the public during regular business hours.
Board of Adjustment - Page 133
27.31.060: General Application Process. All appeals from interpretations and
applications for variances shall be in writing on forms prescribed by the zoning
administrator and shall be accompanied by the appropriate fee as may, from
time to time, be established by the city council. Upon an appeal or application
for variance, the zoning administrator shall prepare and furnish the applicant
and the board a written report of his action, the facts of the case as he finds
them to be and his recommendation for the board's consideration.
27.31.070: Meeting Procedures. Meetings of the board shall be held at least once a
month; provided, there is business to transact and at such other times as the
chairman of the board may determine. All regular board meetings shall be open
to the public. The board shall adopt its own rules of procedure and keep
minutes of its proceedings, findings and action in each case and the vote of
each member present on each question considered in the proceedings, unless a
member disqualifies himself. The presence of four members shall be necessary
to constitute a quorum and four affirmative votes shall be necessary for
granting a variance. No proxy vote is permissible.
Page 134 - Kalispell Zoning Ordinance
CHAPTER 27.32
APPEALS
Sections:
27.32.010 Basis of Appeal
27.32.020 Application and Procedure
27.32.030 Appeals from the Board of Adjustment
27.32.010: Basis of Appeal. Any person, the City of Kalispell, or federal, state, county,
school district or city government agency, may file an appeal when aggrieved
by a decision or interpretation made by the zoning administrator, provided that
the appeal is based on an allegation that:
(1). The zoning administrator made an error in interpretation of these
regulations, and that
(2). The erroneous interpretation specifically aggrieves the appellant.
27.32.020: Application and Procedure.
(1). Appeals must be filed in the manner provided, and after payment of fees
as prescribed by the city council, within 30 days from the time the
officer charged with enforcement of these regulations has made a
written interpretation or determination of these regulations.
(2). No part of any such fee shall be returnable after an appeal is filed and
such fee is paid, except upon petition by the appellant and approval by
the zoning administrator. No fee paid for an action which is declared
closed or ruled invalid shall be refunded.
(3). The appeal, fee, and supporting materials must be received in the office
of the zoning administrator at least 30 days prior to the next regularly
scheduled meeting of the board.
(4). The zoning administrator shall fix a reasonable time for the hearing and
give notice thereof to the parties of interest and the public by publishing
notice in a newspaper of general circulation in the community, at least
15 days prior to such hearings.
(5). Where an appeal concerns a particular piece of property, all property
owners within 150 feet of the subject property shall be notified by mail
Appeals - Page 135
at least 15 days prior to said hearing. (When the subject property abuts
a public right-of-way, the 150 foot measurement shall be in addition to
this right-of-way along the abutting side.)
(6). The zoning administrator shall transmit any appeal with all supporting
materials to the Board of Adjustment within seven (7) days of the
scheduled public hearing.
(7). An appeal under the terms of these regulations stays all proceedings in
the matter appealed from unless the zoning administrator certifies to the
Board of Adjustment that, by reason of the facts stated in the
certificate, a stay would, in his opinion, cause imminent peril to life or
property. In such case, proceedings shall not be stayed, except by a
restraining order granted by the board hearing the appeal or by a court
of record on application and notice to the zoning administrator from
whom the appeal was taken and on due cause shown.
(8). Decisions of the Board of Adjustment shall be by motion. The basis for
the decision on each appeal, and a detailed summary of the facts and
basis supporting such determination shall be recorded in the decision
and shall constitute a part of the record thereof.
(9). The concurring vote of four (4) members of the board shall be
necessary to reverse any order, requirement, decision, or determination
of the zoning administrator; or to decide in favor of the applicant on
any matter.
(10). A hearing may be continued at the request of the applicant or upon
motion of the board, provided however, that the granting of a
continuance is a matter of grace, resting solely in the discretion of the
board, and a refusal to continue is not a denial of a right, conditional or
otherwise.
(11). Decision on continuance of a hearing can be reached by a simple
majority, but must be made prior to voting on the application itself.
27.32.030: Appeals from the Board of Adjustment. Any person aggrieved by any
decision of the Board of Adjustment may present to a court of record a
petition, duly verified, setting forth that such decision is illegal, in whole or
part, specifying the grounds of illegality. Such petition shall be presented to the
court within 30 days after the decision of the Board of Adjustment.
Page 136 - Kalispell Zoning Ordinance
CHAPTER 27.33
VARIANCES
Sections:
27.33.010 Application
27.33.020 Processing of Application
27.33.030 Appeal from Board of Adjustment
27.33.010: Application. Certain circumstances exist or arise wherein an unnecessary
hardship is created through strict adherence to the provisions of these
regulations. There is hereinafter provided provisions for the granting of a
variance from the provisions of these regulations, so that the public welfare is
secured and substantial justice can be done to those so affected. Application
procedures for a variance follow:
(1). Application for a variance may be filed by any property owner or their
designated agent for the affected property.
(2). Such application shall be made on a form provided by the office of the
zoning administrator. Multiple requests for variance for the same
project may be filed on a single application and charged a single fee.
(3). The completed application and fee as set by the city council shall be
submitted to the zoning administrator.
(4). The application must be complete and received with the required fee in
the office of the zoning administrator at least 30 days prior to the next
regularly scheduled meeting of the Board of Adjustment.
(5). No part of any such fee shall be refundable after an application is filed
and such fee paid, except under petition by the applicant and approval
by the zoning administrator. No fee paid for an action which is declared
closed or ruled invalid shall be refunded.
27.33.020: Processing of Application.
(1). Following receipt of a completed application, the zoning administrator
shall transmit within five (5) days from the date of receipt of the
completed application to the Board of Adjustment, together with all
supportive materials thereto attached and set a hearing date, and
publish notice as provided for in these regulations and notify all parties
Variances - Page 137
of interest. Notice of the hearing shall be placed in a newspaper of
general circulation in the community at least 15 days prior to the date
of the hearing.
(2). Written notice shall be mailed to all property owners within 150 feet of
the subject property at least 15 days prior to the said hearing. (Where
the subject property abuts a public right-of-way, the 150 foot
measurement shall be in addition to this right -of way along the abutting
side.)
(3). The zoning administrator shall prepare a staff report and forward a
recommendation together with the application materials to the Board of
Adjustment within seven (7) days of the scheduled public hearing.
(4). Before any variance can be granted, the board shall make findings of
fact based upon evidence produced at a public hearing setting forth and
showing that the following circumstances exist:
(a). In considering all proposed variances to this ordinance, the
board shall, before making any findings in a specified case, first
determine that the proposed variance will not amount to a
change in the use of the property to a use which is not
permitted within the district;
(b). That special conditions and circumstances exist which are
peculiar to the land such as size, shape, topography or location,
not applicable to other lands in the same district and that literal
interpretation of the provision of this ordinance would deprive
the property owner of rights commonly enjoyed by other
properties similarly situated in the same district under the terms
of this ordinance;
(c). That the special conditions and circumstances do not result
from the actions of the applicant;
(d). That granting the variance requested will not confer a special
privilege to subject property that is denied other lands in the
same district;
(e). That granting the variance will not be materially detrimental to
the public welfare or injurious to the property or improvements
in the vicinity and zone in which subject property is situated;
(f). The Board of Adjustment shall further make a finding that the
reasons set forth in the application justify the granting of the
Page 138 - Kalispell Zoning Ordinance
variance and that the variance is the minimum variance that will
make possible the reasonable use of the land;
(g). The Board of Adjustment shall further make a finding that the
granting of the variance will be in harmony with the general
purpose and intent of this ordinance and will not be injurious to
the neighborhood or otherwise detrimental to the public
welfare;
(h). The fact that property may be utilized more profitably will not
be the sole element of consideration before the Board of
Adjustment.
(5). Every decision of the Board of Adjustment shall be made by motion
and shall be based upon "Findings of Fact" and every finding of fact
shall be supported in the record of its proceedings. The enumerated
conditions required to grant a variance under these regulations shall be
construed as limitation on the power of the board to act.
(6). In approving a variance, the board may impose such conditions as are
in its judgment necessary to promote the general provisions of these
regulations.
(7). It shall take the affirmative vote of four (4) members of the board to
grant a variance.
(8). A hearing may be continued at the request of the applicant or upon
motion of the board, provided however, that the granting of the
continuance is a matter of grace, resting solely in the discretion of the
board, and a refusal to continue is not a denial of a right, conditional or
otherwise.
(9). Decision on continuance of a hearing can be reached by a simple
majority; but must be made prior to voting on the application itself.
(10). A variance shall be valid indefinitely, provided it is exercised within one
(1) year of the date of issuance, or as otherwise provided for by the
Board of Adjustment.
(11). The Board of Adjustment shall act upon any application for a variance
within 60 days of the date of filing with acceptance by the zoning
administrator. Failure of the board to act within this time frame shall
constitute approval of the application.
Variances - Page 139
27.33.030: Appeal from Board of Adjustment.
(1). A request may be re -heard only when there has been a manifest error
affecting the board's decision; or it appears that a substantial change in
facts, evidence or conditions has occurred. Such determinations shall be
made by the zoning administrator within 60 days of final action by the
board.
(2). Any person aggrieved by any decision of the Board of Adjustment may
present to a court of record a petition, duly verified, setting forth that
such decision is illegal, in whole or part, specifying the grounds of
illegality. Such petition shall be presented to the court within 30 days
after the filing of decision in the office of the Board of Adjustment.
Page 140 - Kalispell Zoning Ordinance
CHAPTER 27.34
CONDITIONAL USE PERMITS
Sections:
27.34.010 General Provisions
27.34.020 Application
27.34.030 Processing of Application
27.34.040 Issuance of Conditional Use Permit
27.34.050 Revocation of Permit
27.34.060 Termination and Transferability
27.34.070 Denial of Application
27.34.080 Review Criteria
27.34.090 Burden on Applicant
27.34.100 Decision Based on Findings
24.34.010 General Provisions.
(1). No structure, building or land shall be used, constructed, altered, or
expanded where a Conditional Use Permit is specifically required by the
terms of these regulations until a Conditional Use Permit for such use
has been authorized by the city council and issued by the zoning
administrator.
(2). Any use which was lawfully established prior to the adoption, extension
or application of these regulations and the use is now permitted by
these regulations subject to a Conditional Use Permit, may continue in
the same manner and to the same extent as conducted prior to said
adoption or extension of these regulations without securing a
Conditional Use Permit provided that before the structure or building in
which said use is conducted may be altered, added to, enlarged,
expanded, or moved from one location to another on the lot, or before
said use may be expanded within the building or extended over the lot
on which said use is located, a Conditional Use Permit shall be secured
from the zoning administrator.
(3). Structures or buildings devoted to any use which is permitted under the
terms of these regulations, subject to the securing of a Conditional Use
Permit, may be altered, added to, enlarged, expanded or moved from
one location to another on the lot only after securing a new Conditional
Use Permit.
Conditional Use Permits - Page 141
27.34.020: Application.
(1). Application for a Conditional Use Permit may be made by the owner of
the affected property, or by his designated agent, on a form obtainable
from the zoning administrator.
(2). The completed application and associated fee shall be submitted to the
zoning administrator or his/her designee. Said fee is not refundable.
27.34.030: Processing of Application.
(1). The zoning administrator or his authorized agent shall not formally
accept the application until the application is complete. Upon
acceptance of the application, the application shall be circulated to city
departments for the evaluation and comments.
(2). The zoning administrator or his authorized agent shall set a public
hearing date and publish a notice advertising the public hearing before
the zoning commission at least once in a newspaper of general
circulation in the community at least 15 calendar days prior to the
meeting of the zoning commission at which the application is to be
considered.
(3). The zoning administrator or his authorized agent shall also mail written
notice to all property owners within 150 feet of the subject property
not less than 15 calendar days prior to the time of formal review by the
zoning commission. (Where the subject property abuts a public right-
of-way, the 150 foot measurement shall be in addition to the right-of-
way along the abutting side.)
(4). Written comment from adjacent property owners shall be specific when
maintaining that the granting of the Conditional Use Permit would
adversely or injuriously affect their personal and legal interests.
(5). The zoning administrator or his authorized agent shall be responsible
for preparing a "staff' report which establishes the basis for
recommendation on the requested conditional use.
(6). The zoning commission shall be responsible for holding the public
hearing and making a recommendation to the city council as to whether
the request for a conditional use should be denied, approved, or
conditionally approved.
(7). Should a decision not be rendered by the city council within 90 days
after acceptance of the completed application by the zoning
Page 142 - Kalispell Zoning Ordinance
27.34.040:
administrator and the payment of the appropriate fee, the application
shall be deemed approved unless said time limit has been extended by
an agreement between the zoning administrator and the applicant.
1. Issuance of A Conditional Use Permit.
Upon rendering a decision to grant a Conditional Use Permit, with or
without stipulations or conditions that must be adhered to by the
applicant, the city council shall notify the zoning administrator of their
decision, and he shall issue a Conditional Use Permit, with stipulations
if any referred to and itemized in brief on the face of the permit. The
application and all subsequent information, correspondence,
evaluations, recommendations, and decisions shall then be placed on
permanent filed in the office of the zoning administrator or his/her
designee.
2. Administrative Conditional Use Permits.
In certain instances, the city council may elect to place certain required
Conditional Use Permits into an administrative review category, for
example those that may be required for minor amendment to an already
approved Conditional Use Permit, whereby the zoning administrator
may issue such an Administrative Conditional Use Permit in compliance
with guidelines set by the city council. This provision shall not be
construed so as to give the power to grant or deny the Conditional Use
Permit to other than the city council and shall apply only to specific
categories or instances predetermined by the city council. The zoning
administrator may issue an administrative conditional use permit for any
conditionally permitted use where an already approved permit has been
granted and the change or expansion does not exceed more than 25
percent of the overall square footage of the building or use. Any such
administrative conditional use permit must substantially conform with
all conditions included in the already approved conditional use permit.
27.34.050: Revocation of Permit. In the event of a violation of any of the provisions of
these regulations or its amendments thereto, or in the event of a failure to
comply with any prescribed condition of approval or stipulations placed upon
such approval, the zoning administrator shall suspend any Conditional Use
Permit immediately, notify the city council and set a date for hearing to
determine if such suspensions shall be lifted or if the Conditional Use Permit
shall be revoked. The city council shall be the hearing body. In the case of a
revocation of a Conditional Use Permit, the determination of the city council
shall be final, unless recourse is sought in a court of competent jurisdiction.
Conditional Use Permits - Page 143
27.34.060: Termination and Transferability.
(1). The Conditional Use Permit shall run with the lot, building, structure,
or use and shall not be affected by changes in ownership.
(2). The Conditional Use Permit shall terminate 18 months from date of
authorization if commencement of the authorized activity has not begun
(a). Unless otherwise spelled out in the conditions of approval, or
(b). Unless the applicant can demonstrate and maintain a continuous
good faith effort (preparing financing, securing state or federal
permits, undertaking engineering and design, etc.) in
commencing the activity.
27.34.070: Denial of Application.
(1). In the event an application is denied by the city council, no resubmittal
of an application for a Conditional Use Permit may be made for one (1)
year from the date of said denial, unless sufficient new evidence or
conditions are offered to the zoning administrator to demonstrate that
circumstances have altered and that further consideration of the
application is warranted. In such an event, the resubmittal application
shall follow the same procedures as the original, and shall be treated as
a new application.
(2). Denial of an application for a Conditional Use Permit may be appealed
to a court of competent jurisdiction within 30 days from the date of
such a denial.
27.34.080: Review Criteria.
(1). No Conditional Use Permit shall be issued except upon a finding by the
city council that the proposed use conforms to the requirements set
forth in this chapter and that the proposed conditional use will have no
more adverse effect on the health, safety, or comfort of persons living
or working in the area and will be no more injurious, economically or
otherwise, to property or improvements in the surrounding area than
would any use generally permitted in the district. Among matters to be
considered in this connection are traffic flow and control, access to and
circulation within the property, off-street parking and loading, refuse
and service areas, utilities, screening and buffering, signs, yards and
other open spaces, height, bulk and location of structures, location of
proposed open space uses, hours and manner of operation, and noise,
Page 144 - Kalispell Zoning Ordinance
lights, dust, odor, fumes and vibration. However, an authorized
conditional use may not be denied arbitrarily or if no specific adverse
effect is found.
(2). A Conditional Use Permit may be granted only if the proposal, as
submitted, conforms to all of the following general Conditional Use
Permit Criteria, as well as to all other applicable criteria that may be
requested:
(a). That the site is suitable for the use. This includes:
1). adequate usable space,
2). adequate access, and
3). absence of environmental constraints (floodplain, slope,
etc.).
(b). That the site plan for the proposed use will provide the most
convenient and functional use for the lot. Consideration should
include:
1).
parking scheme,
2).
traffic circulations,
3).
open space,
4).
fencing/screening,
5).
landscaping, and
6).
signage.
(c). That the following services and facilities are available and
adequate to serve the needs of the use as designed and
proposed:
1).
sewer,
2).
water,
3).
storm water drainage,
4).
fire protection,
5).
police protection, and
6).
streets.
(d). That the proposed use will not be detrimental to abutting
properties in particular and the neighborhood in general.
Typical negative impacts which extend beyond the proposed
site include:
1). excessive traffic generation,
2). noise or vibration,
Conditional Use Permits - Page 145
3). dust, glare, heat,
4). smoke, fumes, gas, or odors, and
5). inappropriate hours of operation.
(e). That the historical uses and established use patterns be weighed
with recent change in trends in the neighborhood.
(f). That the proposed use will not cause or contribute to a decline
in property values of adjacent properties.
27.34.090: Burden of Applicant. The burden of proof for satisfying the aforementioned
criteria considered for approval shall rest with the applicant and not the city
council. The granting of the Conditional Use Permit is a matter of grace,
resting in the discretion of the city council and a refusal is not the denial of a
right, conditional or otherwise.
27.34.100: Decision Based on Findings. Every decision of the city council pertaining to
the granting, denial or amendment of a request for a Conditional Use Permit
shall be based upon "Findings of Fact", and every finding of fact shall be
supported in the records of its proceedings.
Page 146 - Kalispell Zoning Ordinance
CHAPTER 27.35
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.35.010 Animal Hospitals, Pounds, Kennels, Animal Shelters,
and Veterinary Clinics
27.35.020 Bed and Breakfast
27.35.030 Cluster Developments - Dwellings
27.35.040 Day Care Centers - 13 or more individuals
27.35.050 Electrical Distribution Stations
27.35.060 Extractive Industries
27.35.070 Sexually Oriented Business
27.35.080 Transmission Towers and Cellular Communication Towers, Equipment
and Facilities
27.35.090: Mini -Storage, Recreation Vehicle Storage
27.35.100: Additional Building Height
27.35.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, Veterinary Clinics.
Household animals (specifically dogs and cats) boarded overnight should be
kept in climate -controlled, sound -proofed buildings or, where facilities are not
sound -proofed. No partially or fully enclosed structure or fenced open area
(runs, pens, etc.) used to confine animals shall be closer than 100 feet to an
adjacent property line.
Household animal excreta shall be removed from the site daily or as otherwise
necessary to avoid the spread of objectionable odors, insects, pests, and
objectionable surface drainage.
27.35.020: Bed and Breakfast.
(1). The Conditional Use Permit shall specify the number of rental rooms
and total number of guests permitted in the facility.
(2). The bed and breakfast uses shall be limited to the principal structure
and not extend to any accessory or added structure.
(3). Room rentals to families or individuals shall not exceed fourteen
consecutive days.
Additional Requirements For
Specific Conditional Uses - Page 147
(4). The bed and breakfast facility must be accessory to and contained
within the existing single-family dwelling occupied by the dwelling's
owner.
(5). An occupancy permit shall be obtained from the city building
department prior to the commencement of business.
(6). The bed and breakfast facility will be subject to a yearly review by the
zoning administrator. If an approved facility is not established within
one year of the approval date, or is not established within one year, the
approval automatically expires and a new application is required.
(7). Transfer of ownership of the bed and breakfast facility will require
review by the zoning commission and issuance of a conditional use
permit in the new owner's name.
(8). The bed and breakfast facility must maintain an up-to-date guest
register.
(9). The owner(s) of the dwelling must be in permanent residence and
maintain full use of the kitchen, dining room, living room, and at least
one bedroom and bathroom not accessible to the overnight lodgers.
(10). Overnight lodgers shall not have direct access to cooking facilities
although the permanent resident(s) of the dwelling may provide
breakfast service to the guests.
(11). The residential structure shall not be significantly modified to provide
additional sleeping rooms or exhibit a non-residential appearance
except for a small permitted sign as provided for in subsection (12) of
this section.
(12). A freestanding placard or a nameplate attached to the front entryway or
gate of the house with the words "Bed and Breakfast" may be
permitted, but in no instance shall the size of said placard or nameplate
exceed four hundred thirty-two square inches. Further, said sign shall
be architecturally harmonious with the residential structure and shall
not rotate, move, flash or blink.
(13). The use of the bed and breakfast facilities shall be limited to the
exclusive use of the residential dwellers and their overnight guests. No
other use such as a restaurant, bar or otherwise which attracts
nonboarding customers is permitted. No alcoholic beverages shall be
sold on the premises.
Page 148 - Kalispell Zoning Ordinance
(14). No people, other than the residents of the dwelling may be employed or
otherwise assist in the operation of a bed and breakfast facility.
(15). One off-street parking space will be required for each sleeping room
plus two (2) spaces for the resident owner.
(16). The use of the residential dwelling for bed and breakfast must comply
with all applicable state "rules" pertaining to "Food, Public
Accommodations, and Consumer Safety" and with all applicable
building and fire codes.
27.35.030: Cluster Developments - Dwellings. Cluster developments shall be subject to
the following:
(1). Minimum area of the development shall be not less than 21,000 square
feet. (Amended Ordinance No. 1231.)
(2). Types of buildings:
(a). Within the R-1 and R-2 residential districts, only one -family
detached dwellings shall be permitted;
(b). Within the R-3 and R-4 residential districts, detached, semi-
detached and attached dwellings shall be permitted.
(c). Within the RA-1 and RA-2 residential districts within the
redevelopment area, only attached dwellings shall be permitted.
(3). Minimum area per dwelling unit. The minimum area per dwelling unit,
excluding streets and off-street parking areas for three or more
automobiles shall be as follows:
(a). One acre per dwelling unit for any development within an R-1
residential district;
(b). 9600 square feet per dwelling unit for any development within
an R-2 residential district;
(c). 7000 square feet per dwelling unit for any development within
an R-3 residential district;
(d). 6000 square feet per dwelling unit for any development within
an R-4 residential district;
Additional Requirements For
Specific Conditional Uses - Page 149
(4). Lot size. The minimum size of a lot of record within a cluster
development shall be as follows:
(a). Detached dwellings: The minimum size of a lot of record
within the development for detached dwellings shall be at least
eighty percent of the minimum area required per dwelling unit
but not less than four thousand five hundred square feet
provided, that an area equal to the difference, if any, between
the minimum area required per dwelling unit and the size of the
lot of record actually provided shall be set aside as common
open space;
(b). Attached dwellings: The minimum lot size of a lot of record
within the development for attached dwellings shall be two
thousand five hundred square feet for one dwelling unit and five
thousand square feet for two dwelling units. Attached dwellings
shall not exceed eight dwelling units in one building. The area
equal to the difference, if any, between the minimum area
required per dwelling unit and the size of the lot of record
actually provided shall be set aside as common open space. The
minimum lot size of a lot of record within a cluster development
in the Redevelopment Area shall be at least 1,500 square feet
for one dwelling unit.
(5). Common open space. Common open space, permanently reserved and
maintained as landscaped park or recreational space and excluding
streets or parking areas shall be provided within the development area.
(a). The required amount shall equal the difference between:
1). The total of the minimum area requirements of
individual lots of record, if the land utilized for the
cluster development were developed under the district
regulations; and
2). The total of the area of the lots of record actually
provided per dwelling unit of the cluster development.
(b). The location, size, nature and topography of the open space
areas shall be suitable for use in common areas for park,
recreational purposes and buffer areas between groups of
homesites and not more than fifty percent of the open space
areas resulting from the reduction of lot sizes shall have a slope
in excess of twenty percent.
Page 150 - Kalispell Zoning Ordinance
(c). As specifically applied to the Redevelopment Area, common
open space, within the zoning lot, permanently reserved and
maintained as landscaped area or recreational space shall be
provided in an amount equal to the open space requirement of
the District.
(6). Yards. Yards abutting the boundaries of cluster developments shall
conform to the minimum requirements for the district; provided, that
landscaped strips at least ten feet in width shall be maintained along the
boundaries of the development. Such strips shall not be used as drives
or for parking. Where groups of buildings in the development are other
than perpendicular to a side or rear boundary of the cluster
development and such boundary is not a street or alley, the yard
adjacent to such boundary shall be thirty feet in least dimension and a
ten foot landscaped strip shall be maintained free from drives or
parking.
(7). As applicable to the Redevelopment Area, yards abutting the
boundaries of cluster developments shall conform to the minimum
requirements for the district. Where groups of buildings in the
development are adjacent to a side boundary and such boundary is not
a street or alley, the yard adjacent to such boundary shall be maintained
free from drives or parking.
(8). Lot coverage. The maximum lot coverage by all buildings, as specified
for the district, shall be applied to the cluster development as a whole
and not to individual lots of record within the cluster development.
(9). Covenants. Adequate provision shall be made for the perpetual
maintenance of all open space areas by the inclusion of covenants
running with the land in the deeds or other instruments of conveyance,
delineating such open areas; and
(a). Obligating purchasers to participate in a homeowners'
association and to support maintenance of the open space areas
by paying to the association, assessments sufficient for such
maintenance and subjecting their properties to a lien for
enforcements of payments of the respective assessments;
(b). Obligating such association to the maintenance of open space
areas;
(c). Empowering the city as well as other purchasers in the
development to enforce the covenants in the event of failure of
compliance; and
Additional Requirements For
Specific Conditional Uses - Page 151
(d). Providing for an agreement that if the city is required to
perform any maintenance work pursuant to item (c) above, said
purchasers would pay the cost thereof and that the same shall
be a lien upon their properties until said cost has been paid;
provided, that the subdivider shall be responsible for the
formation of the homeowners' association. Assurance that such
covenants will be included in the deeds or other instruments of
conveyance shall be evidenced by the recording in the county
clerk and recorder office of Flathead County, Montana, of a
declaration providing for perpetual maintenance of the open
space areas, as prescribed herein above and identifying the tract
and each lot therein. The declaration shall be included in the
deed or other instrument of conveyance of each lot of record
and shall be made binding on all purchasers; provided, that such
declaration may, as to subsequent conveyance other than the
initial conveyance of each lot of record, be incorporated by
reference in the instrument of conveyance.
27.35.040: Day Care Centers - 13 or more individuals.
(1). Day care centers must be properly licensed by the State of Montana.
(2). Day care centers must provide adequate drop-off and pick-up areas.
The required area shall be based upon the maximum number of
individuals cared for at a single time. Specifically, there shall be 160
square feet of signed drop-off/pick-up area for every six (6) individuals.
[See also 27.26.050(14)]
(3). Where outside recreation facilities are provided, a six-foot high sight -
obscuring fence around the recreation area may be required to be
maintained and the recreation area should be situated in the rear half of
the site.
(4). In all residential (R-1 through R-4) zones:
(a). Existing residential structures shall not be significantly modified
so as to exhibit a non-residential appearance;
(b). Signage shall be architecturally compatible with the primary
building and shall not flash, blink or rotate;
(c). Preference is given to day care centers located on collector or
arterial streets; and
Page 152 - Kalispell Zoning Ordinance
(d). Any new construction allowed in a residential zone for the
operation of a day care facility shall substantially resemble a
conventional single-family dwelling.
27.35.050: Electrical Distribution Stations. When located within a residential,
residential apartment, or business zone, electrical distribution stations shall
meet the following requirements:
(1). The station shall be completely surrounded by a security fence that shall
be at least eight (8) feet in height.
(2). The perimeter of the electrical distribution station shall be landscaped
with sight -obscuring trees, shrubs or bushes. Such landscaping shall be
designed to improve the appearance of the site while allowing for
normal operational and safety factors of the station.
A parcel of land that does not meet the minimum lot area requirement
of the zone may be created for the placement of an electrical
distribution station. The site shall be large enough to accommodate any
required landscaping.
27.35.060: Extractive Industries. Requirements contained in this section shall not
exempt the owner or operator of an extractive industry from compliance with
the Montana Open Cut or Strip Mine Reclamation Act, Title 82, Chapter 4,
M.C.A., but shall be in addition to the requirements of said Act. Prior to the
approval by the Board of a Conditional Use Permit, a reclamation contract
shall be signed and approved by the owner or operator and the appropriate
state agency.
(1). Operational requirements. The site of an extractive industry shall be of
sufficient size and dimensions to accommodate the proposed
operations. Consideration shall be given to noise, light, dust, smoke and
vibration and how they affect adjoining properties. Blasting operations
shall be restricted to Monday through Friday between the hours of 8
a.m. and 5 p.m. Off-street parking areas adequate for all employees
vehicles and trucks shall be provided.
(2). Plan for development of the site. The plan to be submitted with the
application for a Conditional Use Permit shall include a plan for
development of the subject property which shall consist of two phases:
The exploitation phase and the re -use phase.
(a). Exploitation phase. The plan for the exploitation phase shall
show the proposed development as planned in relation to
surrounding property within three hundred feet and shall include
Additional Requirements For
Specific Conditional Uses - Page 153
topographic surveys and other materials indicating existing
conditions, including soil and drainage and the conditions,
including drainage, topography and soil which shall exist at the
end of the exploitation phase. Contour intervals for topography
shall be five feet in areas where slope is ten percent or greater
and two feet in areas where slope is less than ten percent.
(b). The plan for exploitation phase shall demonstrate the feasibility
of the operation proposed without creating hazards or causing
damage to other properties. This plan shall also show the
different states of exploitation, where and how traffic will be
handled, where equipment will be operating, the location and
dimension of structures, the manner in which safeguards will be
provided, including those for preventing access by children and
other unauthorized persons to dangerous areas. The final stage
of this plan shall indicate how the project is to be finished in
accordance with the phase for reuse.
(c). Reuse phase. The plan for the reuse phase shall indicate how
the property is to be left in a form suitable for reuse for
purposes permissible in the district, relating such reuses to uses
existing or proposed for surrounding properties. Among items
to be included in such plan are feasible circulation patterns in
and around the site, the treatment of exposed soil or subsoil
including measures to be taken to replace topsoil or establish
vegetation in excavated areas in order to make the property
suitable for the proposed reuse and treatment of slopes to
prevent erosion.
27.35.070 Sexually Oriented Business.
(1). A sexually oriented business shall not be located within 1,000 feet of
(a). A church;
(b). A public or private elementary or secondary school;
(c). A boundary of any residential district;
(d). A public park adjacent to any residential district;
(e). The property line of a lot devoted to residential use;
(f). Another sexually oriented business.
(2). Consideration and evaluation of a proposed sexually oriented business
shall address the relationship of the proposed business with the
surrounding character of the area. At a minimum, conditions of
approval shall address the following land use features:
Page 154 - Kalispell Zoning Ordinance
(a). Traffic, ingress/egress;
(b). Signage;
(c). Exterior lighting;
(d). Landscaping and screening;
(e). Exterior colors of structure; and
(f). General site plan characteristics such as parking and extension
of utilities.
27.35.080: Transmission Towers and Cellular Communication Towers, Equipment
and Facilities
(1). A Conditional Use Permit shall be required for transmission towers and
cellular communication towers in all zoning districts which list
transmission towers and cellular communication towers.
(2). These regulations shall not be required for antenna associated with ham
radio, citizens band radio, a telecommunications device that only
receives an RF signal, and a sole -source emitter with more than one
kilowatt average output, or the mounting of an antenna or other
transmission device on an existing tower, provided no structural
alterations are made.
(3). The location of the transmission towers and cellular communication
towers, equipment and facilities shall take into consideration the
following:
(a). Visual effects;
(b). Height;
(c). Structural integrity;
(d). Radiation emissions;
(e). Effects on adjoining land use;
(f). Possibility of shared use;
(g). Effects on City airport operations;
(h). Effects on other communication devices; and
(i). Site location alternatives.
(4). Application for a Conditional Use Permit shall include a site plan for
review by the Site Development Review Committee.
(5). General requirements of a Conditional Use Permit for locating a
transmission tower or cellular communication tower shall include:
(a). Required collocation on an existing tower or other structure
whenever possible and practical;
(b). Screening when located adjacent to a residential district;
Additional Requirements For
Specific Conditional Uses - Page 155
(c). Engineer's certification regarding structural safety;
(d). Location of the tower so that visual impact to adjacent property
owners is limited to the greatest extent possible;
(e). That the structure be placed to avoid location on the crest of a
mountain or hill or extension into the skyline thus creating
aesthetic concerns.
(f). Address potential FFA (Federal Aviation Administration)
lighting requirements for aviation safety.
(g). That the structure / tower be camouflaged to blend in with the
surrounding environment when beneficial and practical;
(h). The new structure shall allow for collocation with a minimum of
four other users;
(i). That all transmission and cellular communication towers be
located a minimum of one mile apart, unless collocation
opportunities do not exist;
If a security fence is proposed, a five foot tall dense landscaping
screen shall be planted around the security fence of any
structure / tower;
(k). Where a new tower is proposed, the applicant shall demonstrate
that there is no feasible existing structure on which to locate.
(6). Should any cellular communication tower, facility or antenna be
abandoned or cease to operate for a period of 180 days, the structure / tower
shall be removed at the expense of the owner. It shall be the responsibility of
the structure / tower owner to promptly notify the City if a facility is
abandoned or ceases operation.
27.35.090: Mini -Storage, Recreation Vehicle Storage
(1). This section shall apply to the review of mini -storage and recreational
vehicle storage facilities proposed to be located in districts that require a
Conditional Use Permit for the establishment of such uses.
(a). All buildings shall meet the required setback of the district.
However, on sites where the rear property line is adjacent to a
commercial district, no rear setback is required.
(b). Landscaping that produces a sight -obscuring barrier shall be
provided in areas adjacent to residentially zoned areas.
Landscaping shall consist of a variety of hardy evergreen materials
consisting of trees, low-, medium-, and high -profile shrubs,
together with suitable ground cover such as native grasses, bark,
ornamental gravel, or a combination thereof. The landscaping shall
be designed, placed, and maintained in such a manner that no wall,
fence, sign, or other structure or plant growth of a type that would
interfere with traffic visibility shall be permitted or maintained
higher than three (3) feet above curb level, within 15 feet of the
intersection of any street right-of-way line or driveway.
Page 156 - Kalispell Zoning Ordinance
(c). Building heights shall be limited to one story (18 feet at the peak).
(d). One (1) parking space shall be provided for the on -site manager
with two (2) additional spaces provided at the leasing office.
(e). Parking shall be provided by parking/driving lanes adjacent to the
storage units. These lanes shall be at least twenty-six (26) feet
wide when storage units open to one side of the lane only and at
least thirty (30) feet wide when storage units open onto both sides
of the lane.
(f). All storage shall be kept within an enclosed building, except fossil
fuel engines or storage tanks or any boat or vehicle incorporating
such components, which shall be stored in screened exterior areas.
This provision shall not be interpreted to permit the storage of
partially dismantled, wrecked, or inoperable vehicles.
(g). The offering for sale or sale thereof of any item from or at
mini -storage or recreational vehicle storage facilities is expressly
forbidden, except that the facility owner may hold liquidation sales
of contents of rental units to recover rental fees except as allowed
by law.
(h). The repair, construction, or reconstruction of any boat, engine,
motor vehicle, or furniture, and the storage of any fossil fuel engine
or fossil fuel storage tank or any boat or vehicle incorporating such
components is prohibited within any structure on a tract of land
designated as a mini -storage or recreational vehicle storage facility.
27.35.090: Additional Building Height
Structures requiring a Conditional Use Permit due to additional building
height, in addition to any other applicable standards, are subject to the
following standards.
No additional height shall be allowed within 150 feet of any R or
RA zone. Any right-of-way adjacent to the subject property shall be
excluded from the measurement.
2. No structure (subject to Section 27.22.070 regarding exceptions to
height regulations) shall extend above a 1:1 slope established with a
beginning point at the applicable setback line at an elevation equal
to the elevation at natural grade at the nearest point on the property
line, plus the maximum height allowed in the zoning district.
The Architectural Review Committee shall submit a recommendation which
shall be considered as a material factor in the consideration of the application.
Additional Requirements For
Specific Conditional Uses - Page 157
CHAPTER 27.36
ENFORCEMENT
Sections:
27.36.010 Penalty for Violation
27.36.020 Use of Available Remedies Authorized
27.36.010: Penalty for Violation. Any person or corporation, whether owner, lessee,
principal agent, employee, or otherwise, who violates any provisions of these
regulations or permits any such violation or fails to comply with any of the
requirements thereof, or who erects, constructs, reconstructs, alters, enlarges,
converts, moves, or uses any building or uses any land in violation of any
detailed statement or plans submitted by him and approved under the
provisions of these regulations, may be found guilty of a misdemeanor and
upon conviction thereof, shall be punishable by a fine not exceeding five
hundred dollars ($500.00) or imprisonment not to exceed one hundred and
eighty (180) days or both. Each day of continued violation shall constitute a
separate, additional violation.
27.36.020: Use of Available Remedies Authorized. In the event that any building or
structure is erected, reconstructed, altered, converted, or maintained, or any
building, structure, or land is used in violation of these regulations, the proper
legal authorities of the city council in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
maintenance, or use, to restrain, correct, or abate such violation, to prevent the
occupancy of such building, structure or land, or to prevent an illegal act,
conduct, business, or use in or about such building, structure or land.
Page 158 - Kalispell Zoning Ordinance
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010 Definitions (Amended Ordinance No. 1189.)
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:
Words used in the present tense include the future tense; words used in the
singular include the plural, and words used in the plural include the singular;
the word "shall" is always mandatory, the word "person" includes a firm,
association, organization, partnership, trust, corporation or company, as well
as an individual; the word "lot" includes the words "plot" or "parcel"; the word
"building" includes the word "structure"; the words "used" or "occupied," as
applied to any land or building, shall be construed to include the words
"intended, arranged, or designed to be used or occupied"; the words "map" or
"zoning map" mean the Zoning Map(s) of the zoning jurisdiction of the City of
Kalispell that delineate the area to be governed by these regulations.
(1). Abandonment. The actual cessation of a "nonconforming use"
coupled with the intent not to put the premises again to the same use.
Proof of said intent not to abandon must be clearly inferable from
existing facts.
(2). Abandoned Sign. A sign which no longer identifies or advertises a
bona fide business, lessor, service, owner, product, or activity, and/or
for which no legal owner can be found.
(3). Accessory Building. A detached subordinate building situated on the
same lot with the main building and used for an accessory use.
(4). Accessory Use. A subordinate use of a building, other structure, or
use of land:
(a). Which is clearly incidental to the primary use of the main
building, other structure, or use of land, and
Definitions -Page 159
(b). Which is used customarily in connection with the main building,
other structure, or use of land, and
(c). Which is located on the same zoned lot with the main building,
other structure, or use of land.
(5). Administrator. The zoning administrator or his designated
representative.
(6). Agency. The urban renewal agency of the City of Kalispell, Montana.
The city council of the City of Kalispell, shall exclusively exercise the
powers and responsibilities of the agency and all powers specified in the
Montana Urban Renewal Law.
(7). Agriculture. The use of land for agricultural and silvicultural
purposes, including farming, dairying, pasturage, grazing land, animal
and poultry husbandry, feed lots, and includes the necessary accessory
uses for packing, treating, storing or shipping of products. Does not
include the manufacturing aspects of timber or agricultural activities
such as animal slaughtering, wood processing plants, etc.
(8). Airport, Heliport, or Aircraft Landing Field. Any runway, landing
area or other facility whether publicly or privately owned and operated,
and which is designed or used either by public carriers or by private
aircraft for the landing and taking off of aircraft, including all necessary
taxiways, aircraft storage and tie -down areas, hangars and other
necessary buildings and open spaces.
(9). Alley. A passage or way, open to public travel, and dedicated to public
use, affording a secondary means of vehicular and pedestrian access to
abutting lots and not intended for general traffic circulations.
(10). Alterations. A change or rearrangement of the structural parts of
existing facilities, or an enlargement by extending the sides or
increasing the height or depth, or the moving from one location to
another.
(11). Animated Sign. Any sign which uses movement or change of lighting
to depict action or to create a special effect or scene (compare
"Flashing Sign"). This would include all signs incorporating mechanical
movement and/or non -continuous lighting but excludes electronic
readerboard signs.
(12). Apartment. A room or a suite of two or more rooms in a multiple -
family dwelling or in any other building, not a single-family dwelling or
Page 160 - Kalispell Zoning Ordinance
a two-family dwelling, occupied or suitable for occupancy as a dwelling
unit for one family.
(13). Apartment House. A building or portion of a building arranged or
designed to be occupied by three or more families living separately
from each other and containing three or more apartments.
(14). Area (see "Sign, Area of')
(15). Arterial. A street designed to provide for large volumes of through
traffic movement between areas and across the urban area, direct
access to abutting property, subject to necessary control of entrances,
exits and curb use.
(16). Automobile, Boat and/or Trailer Sales Area. An open area, other
than a street, used for the display, sale or rental of new or used
automobiles, boats or trailers, and where no repair work is done except
minor incidental repair. This category is also intended to include the
sale or rental of motorcycles and recreational vehicles.
(17). Automobile Detailing Shop. A facility wherein automobiles are
cleaned. The seats and carpet are generally shampooed and the engine
compartment degreased. The exterior is generally waxed. Customary
and incidental associated uses shall not include painting, body work, or
mechanical repair.
(18). Automobile Service Station. (See Service Station).
(19). Automobile Wrecking. The dismantling or wrecking of motor
vehicles or trailers, or the storage, sale or dumping of dismantled or
partially dismantled, obsolete or wrecked vehicles or their parts.
(20). Automobile Wrecking Yard. Any premises devoted to automobile
wrecking as the term automobile wrecking is defined herein.
(21). Awning. A shelter projecting from and supported by the exterior wall
of a building constructed of nonrigid materials on a supporting
framework (compare "Marquee").
(22). Banner Sign. A sign made of fabric or any nonrigid material with no
enclosing framework.
(23). Barber and Beauty Services. Includes barber shops, hair styling,
salons, nail care, hair removal, ear piercing, and other such similar
businesses.
Definitions - Page 161
(24). Basement. That portion of a building partly underground and as
further defined by the adopted Uniform Building Codes of the City of
Kalispell.
(25). Bed and Breakfast. 'Bed and breakfast" means a single-family
dwelling with one freeholder family in permanent residence where
bedrooms without individual cooking facilities are rented for overnight
lodging. Breakfast may be provided by the resident(s) to the overnight
patrons.
(26). Beneficial Open Space. 'Beneficial open space" means open space
performing a necessary or desirable function in relation to the adjoining
residential use. Beneficial open space may include among other similar
areas rivers, lakes, public parks and grounds around public buildings.
(27). Billboard. 'Billboard" means a standard outdoor advertising sign
larger than 250 square feet in area which is designed to advertise
products, services or businesses not located on the premises on which
the sign is located. A sign shall not be considered a billboard unless the
sign is designed with a surface on which temporary poster panels or
painted bulletins are mounted for the purpose of conveying a visual
advertising message.
(28). Blight. An area which, by reason of the substantial physical
dilapidation, deterioration, defective construction, material and
arrangement and/or age, obsolescence of buildings or improvements,
whether residential or non-residential, inadequate provision for
ventilation, light, proper sanitary facilities or open spaces as determined
by competent appraisers on the basis of an examination of the building
standards of the municipality; inappropriate or mixed uses of land or
buildings; high density of population and overcrowding; defective or
inadequate street layout; faulty lot layout in relation to size, adequacy,
accessibility or usefulness; excessive land coverage; unsanitary or
unsafe conditions; deterioration of site; diversity of ownership; tax or
special assessment delinquency exceeding the fair value of the land;
defective or unusual conditions of title; improper subdivision or
obsolete platting; or the existence of conditions which endanger life or
property by fire or other causes or any combination of such factors, is
conducive to ill health, transmission of disease, infant mortality,
juvenile delinquency and crime; substantially impairs or arrests the
sound growth of a city or its environs, retards the provision of housing
accommodations or constitutes an economic or social liability and/or is
detrimental, or constitutes a menace to the public health, safety, welfare
and morals in its present condition and use.
Page 162 - Kalispell Zoning Ordinance
(29). Board of Adjustment. A quasi-judicial body, created under Section
27.31 of this ordinance.
(5). Boarding (Lodging or Rooming) House. A building, or portion
thereof, other than a hotel, rest home, or home for the aged where
lodging and/or meals exclusive of the operator's immediate family are
provided for compensation.
(6). Boarding House, Incidental. Incidental keeping of non -transient
boarders by a resident family, provided not more than fifteen percent of
the total floor area in one dwelling unit used for living purposes is
devoted to such occupancy. This definition shall also apply to shelters
for battered women or other individuals affected by domestic abuse
provided no more than three (3) adults (other than the resident family)
are residing in the house at any one time.
(7). Bonds. Any bonds, notes or debentures (including refunding
obligations) authorized to be issued under the Urban Renewal Law of
the State of Montana.
(8). Buildable Area. "Buildable area" is that portion of a lot, upon which a
building may lawfully be constructed.
(9). Building. Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When any
portion thereof is completely separated from every other portion
thereof by a division wall without openings then each such portion shall
be deemed to be a separate building.
(10). Building Area. "Building area" is total area covered by enclosed
building space including total area of all covered open space, except for
open space covered by eaves and normal overhang of roofs, but not
including uncovered entrance platforms, uncovered terraces, or
uncovered steps where such features do not themselves constitute
enclosures for building areas below them.
(11). Building Height. The height of a building is the vertical distance from
the established grade to the highest point on the roof or parapet wall.
(12). Building Line. The line of that face, corner, roof or part of a building
nearest the property line.
(13). Building Official. An official of the City of Kalispell responsible for
the issuance of building, plumbing and mechanical permits.
Definitions - Page 163
(14). Building Permit. An official document or certificate issued the
building official authorizing the erection, construction, enlargement,
alteration, repair, movement, improvement, removal, conversion or
demolition of any structure within the planning area.
(15). Business or Commerce. The purchase, sale, offering for sale, or other
transaction involving the handling or disposition of any article, service,
substance or commodity for livelihood or profit, or the management or
occupancy of the office buildings, offices, recreation or amusement
enterprises, or the maintenance and use of buildings, offices, structures,
or premises by professions and trades or persons rendering services.
(16). Campground. Any area of tract of land used or designed to
accommodate two or more camping parties, including cabins, tents,
camping trailers or other camping outfits. (See also Recreational
Vehicle Park)
(17). Canopy Sign. Any sign that is a part of or attached to an awning,
canopy, or other fabric, plastic, or structural protective cover over a
door, entrance, window, or outdoor service area. A marquee is not a
canopy.
(18). Carport. A structure to house or protect motor vehicles which has at
least fifty percent of the total area of its sides open to the weather.
(19). Casino. An establishment that offers any form of legalized gambling
authorized under Title 23, Chapter 5, Parts 1 (except for Section 23-5-
160 regarding shaking dice or shake -a -day games) and 3 through 6,
Montana Code Annotated, either as a primary use or as an accessory
use. Organizations and facilities designated as exempt under state law
shall not be classified as casinos.
(45). Changeable Copy Sign (Automatic). A sign on which the copy
changes automatically on a lampbank or through mechanical means,
e.g., electrical or electronic time and temperature units.
(46). Changeable Copy Sign (Manual). A sign on which the copy changes
manually.
(47). Child Care Center. See day-care.
(48). Church. A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship, and which
building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public worship.
Page 164 - Kalispell Zoning Ordinance
(49). City. Unless the context clearly discloses a contrary intent, the word
"City" shall mean the City of Kalispell.
(50). City County Planning Board. The Kalispell City -Planning
Board and Zoning Commission, Kalispell, Montana, and Flathead
County, Montana.
(51). Clear Vision Triangle. As defined by City of Kalispell Ordinance No.
940A.
(52). Clearance (of a sign). The smallest vertical distance between the
grade of the adjacent street or street curb and the lowest point of any
sign, including framework and embellishments, extending over that
grade.
(53). Clinic. A building designed and used for the medical or similar
examination and treatment of persons as outpatients.
(54). Club. An incorporated or unincorporated association of persons
organized for social, fraternal, religious, athletic, educational, literary or
charitable purposes whose activities are confined to the members and
their guests and are not extended to the general public.
(55). Cluster. A pattern of residential development wherein units are
grouped together around access courts with the remainder of the yard
left in common open space.
(56). Commercial or Business Use. (See business or commerce.)
(57). Commercial Vehicle. A motor vehicle used for purposes other than a
family car, such as a taxi, delivery or service vehicle.
(58). Common Wall. The wall or walls extending from the basement or
ground floor line of a building to the roof along a side lot line that is
common to an adjoining lot.
(59). Community Residential Facility. As defined per 76-2-411, M.C.A.
(60). Conditional Use. "Conditional use" means a use that may be allowed
in one or more zones as defined by this ordinance but which, because of
characteristics peculiar to such use, or because of the size,
technological processes or equipment, or because of the exact location
with reference to surroundings, streets and existing improvements or
demands upon public facilities, requires a special degree of control to
Definitions - Page 165
make such uses consistent with and compatible to other existing or
permissible uses in the same zone or zones.
(61). Conditional Use Permit. Legal authorization to construct, develop,
or operate a conditional use as defined by this Ordinance.
(62). Condominium. Ownership in common with others of a parcel of land
and certain parts of a building, together with individual ownership in
fee of a particular unit or apartment in such building, which he may sell,
mortgage, or devise as he could with a single-family dwelling that he
owned.
(63). Construction Sign. A temporary sign identifying an architect,
contractor, subcontractor, and/or material supplier participating in
construction on the property on which the sign is located.
(64). Contractor's Yard. Open spaces used for the storage of machinery,
equipment, materials, and supplies used by the contractor in the pursuit
of his business. This is intended to be a yard owned or leased by a
contractor engaged in some kind of construction work.
(65). Copy. The wording on a sign surface in either permanent or removable
letter form.
(66). County. The County of Flathead, Montana.
(67). Court. An open, unoccupied space other than a yard, on the same lot
with a building or buildings and which is bounded on two or more sides
by such building or buildings including the open space in a house or
apartment, providing access to the units thereof.
(68). Dairy. Any premises where three or more cows, three or more goats,
or any combination thereof are kept, milked or maintained.
(69). Day -Care. A use which means care for children or adults other than
the parent or other person living with the individual on a regular basis
for daily periods of less than 24 hours, whether that care is for daytime
or nighttime hours. Regular basis means providing supplemental care
to separate families for three or more consecutive weeks. Family day
care home means a place in which supplemental care is provided to
three to six children or adults on a regular basis. Group day care home
means a place in which supplemental care is provided to seven to 12
children or adults on a regular basis. Day care center means a place in
which care is provided to 13 or more children or adults on a regular
basis.
Page 166 - Kalispell Zoning Ordinance
(70). Density. The number of dwelling units per gross acre in any residential
development.
(71). Detached Building. A building surrounded on all sides by open space.
(72). Developer. 'Developer" shall mean an owner or any person with
authorization from the owner, who intends to improve or to construct
improvements upon his property.
(73). Directional/Information Sign. An on -premise sign giving directions,
instructions, or facility information and which may contain the name or
logo of an establishment but no advertising copy, e.g., parking or exit
and entrance signs.
(74). District. An area defined as to boundaries and location on an official
zoning map and within which area only certain types of land uses are
permitted and within which other types of land uses are excluded, as set
forth in this ordinance.
(75). Double -Faced Sign. A sign with two faces.
(76). Dwelling. A building used for human residential purposes.
(77). Dwelling, Duplex. A detached building designed as two structurally
joined dwelling units and occupied exclusively by one family per
dwelling unit living independently of each other, and with separate
entrances.
(78). Dwelling, Multi -Family. A building or buildings attached to each
other and containing three or more dwelling units. The term "multi-
family dwelling" is intended to apply to such dwelling types as triplex,
fourplex, or apartments where any dwellings have their primary access
to a common hallway or corridor or directly to the outside.
(79). Dwelling, Single -Family. A building designed with living quarters for
occupancy by one family only, and containing one dwelling unit on a
lot.
(80). Dwelling Unit. One or more rooms designed for or occupied by one
family for living or sleeping purposes and containing kitchen and
bathroom facilities for use solely by one family. All rooms comprising a
dwelling unit shall have access through an interior door to other parts
of the dwelling unit.
Definitions - Page 167
(81). Electrical Distribution Substation. An assembly of equipment
designed to receive energy from a high voltage distribution supply
system, to convert it to a form suitable for local distribution and to
distribute the energy to feeders through switching equipment designed
to protect the service from the effects of faults.
(82). Electrical Sign. A sign or sign structure in which electrical wiring,
connections, or fixtures are used.
(83). Electronic Message Center or electronic readerboard. (see
"Changeable Copy Sign, Automatic")
(84). Essential Use. That use for the preservation or promotion of which
the use district was created, and to which all other permitted uses are
subordinate.
(85). Existing Use. The actual lawful use of the premises at the time this
ordinance was adopted or at the time a building permit has been issued
provided work has been actually done thereon or a valid contract made
for such work within the intent of the permit and before the amendment
of this ordinance, insofar as it affects the use allowed under the permit.
(86). Extractive Industries. "Extractive industries" are commercial or
industrial operations involving the removal and processing of natural
accumulations of sand, rock, soil, gravel or any mineral.
(87). Facade. The entire building front including the parapet.
(88). Face of Sign. The area of a sign on which the copy is placed.
(89). Family. One or more persons related by blood, marriage, adoption or
a group of not more than four persons excluding servants, not related
by blood or marriage, living together as a single housekeeping unit in a
dwelling unit.
(90). Fence. A masonry wall or a barrier composed of posts connected by
boards, rails, panels or wire for the purpose of enclosing space or
separating parcels of land. The term "fence" does not include retaining
walls.
(91). Festoons. A string of ribbons, tinsel, small flags, or pinwheels.
(92). Fire Lane. A lane or path established by suitable signs or markings on
public or private property to provide ingress and egress by fire fighting
equipment to premises used for public assembly. Such lanes may be
Page 168 - Kalispell Zoning Ordinance
established only by the action of the city council upon the
recommendation of the fire chief and chief of police or as otherwise
required by the Uniform Fire Code.
(93). Flashing Sign. A sign which contains an intermittent or sequential
flashing light source used primarily to attract attention. Does not
include changeable copy signs, animated signs, or signs which, through
reflection or other means, create an illusion of flashing or intermittent
light (compare "Animated Sign," "Changeable Copy Sign").
(94). Foster Home. A facility wherein (a) the operator is not legally related
to the individuals supervised and is licensed by the state, and wherein
(b) not more than eight individuals reside and are provided with room,
board, ordinary care, and supervision. Except that more than eight
individuals may reside in a home where such individuals are all related
to one another as brothers and/or sisters. The term "foster home" shall
include, without limitation by reason of enumeration, receiving homes
and free homes. Facilities for more than eight (8) individuals (exclusive
of the Supervisors and/or operators) shall be considered a multi -family
dwelling for purposes of this ordinance.
(95). Fraternity, Sorority, or Student Cooperative. A building occupied
by and maintained exclusively for students affiliated with an academic
or professional college or university, or other recognized institution of
higher learning and regulated by such institution.
(96). Freestanding Sign. A sign supported upon the ground by poles or
braces and not attached to any building.
(97). Frontage. The length of the property line of any one premise along a
public right-of-way on which it borders.
(98). Frontage, Building. The length of an outside building wall on a public
right-of-way.
(99). Garage, Automobile Repair. A building or portion thereof designed
and used for the storage, repair or servicing of motor vehicles, small
engines, or boats as a business.
(100). Garage, Private. An accessory building or an accessory portion of the
main building, enclosed on not less than three sides and designed or
used only for the shelter of vehicles owned or operated by the
occupants of the main building or buildings and which does not exceed
1,000 square feet in size.
Definitions - Page 169
(101). Government Sign. Any temporary or permanent sign erected and
maintained by the city, county, state or federal government for traffic
direction or for designation of or direction to any school, hospital,
historical site, or public service, property, or facility.
(102). Grade. The average level of the finished ground surfaces surrounding
a structure, within a distance of 20 feet.
(103). Greenbelt. A strip of land, variable in width, for the planting, growing
and maintaining of a sight -obscuring screen of healthy trees or
cultivated landscaping to attain an ultimate height of not less than eight
feet.
(104). Ground Elevation. "Ground elevation" shall mean the finished grade
of a sidewalk adjacent to any front yard property line or the adjacent
street right-of-way line if no sidewalk exists. On side and rear property
lines, "ground elevation" shall be the natural grade of said side or rear
property line."
(105). Group Home. A residential facility for eight (8) or fewer persons,
excluding the supervisors/operators, providing living facilities, sleeping
rooms and meals and which shall have a permit issued by the
appropriate governmental agency. (See Section 76-2-412, MCA)
Facilities for more than eight (8) persons shall be considered a multi-
family dwelling for purposes of this ordinance.
(106). Guest House. A detached structure, being an accessory to one -family
dwelling with not more than two bedrooms, having no kitchen facilities,
and which shall be used and/or designed for use primarily by guest
and/or servants for sleeping quarters only.
(107). Home Occupation. A home occupation is any occupation, profession,
activity or use which is clearly a customary, incidental and secondary
use of a residential dwelling unit and which does not alter the exterior
of the property or affect the residential character of the neighborhood.
(108). Hospital. An establishment which provides accommodations, facilities
and services over a continuous period of twenty-four hours or more,
for observation, diagnosis and care of two or more individuals, not
related by blood or marriage to the operator, who are suffering from
illness, injury, deformity or abnormality, or from any condition
requiring obstetrical, medical or surgical services.
(109). Hotel. A building containing five or more individual sleeping rooms or
suites, each having a private bathroom attached thereto, for the purpose
Page 170 - Kalispell Zoning Ordinance
of providing overnight lodging facilities to the general public for
compensation with or without meals, excluding accommodations for
employees. Where a hotel is permitted as a principal use, all uses
customarily and historically accessory thereto for the comfort,
accommodation and entertainment of the patrons, including the service
of alcoholic beverages, shall be permitted upon proper licensure.
(110). Identification Sign. A sign whose copy is limited to the name and
address of a building, institution, or person and/or to the activity or
occupation being identified.
(111). Illegal Sign. A sign which does not meet the requirements of this code
and which has not received legal nonconforming status.
(112). Illuminated Sign. A sign with an artificial light source incorporated
internally or externally for the purpose of illuminating the sign.
(113). Incidental Sign. A sign, generally informational, that has a purpose
secondary to the use to the zone lot on which it is located, such as "no
parking," "entrance," "loading only," "telephone," and other similar
directives. No sign with a commercial message legible from a position
off the zone lot on which the sign is located shall be considered
incidental.
(114). Intersection. The meeting of two roads, two alleys, or a road and an
alley.
(115). Junk Yard. A lot, land or structure, or part thereof, used for the
collection, storage and sale of waste paper, rags, scrap metal or
discarded material, or for the collection, dismantling, storage, salvaging
or sale of parts of machinery not in running condition. Includes
automobile wrecking yards.
(116). Kennel. Any lot or building in which four or more adult dogs, wild
animals and/or cats are kept, boarded, trained or propagated, whether
in special structures or runways or not.
(117). Landscaping. Some combination of planted, living trees, shrubs,
hedges, vines, ground cover and flowers suitable for the climate,
exposure and site condition. In addition, the combination or design may
include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock
and such structural features as foundations, pools, art works, screens,
walls, fences or benches, but such objects alone shall not meet the
requirements of this provision. The selected combination of objects and
Definitions - Page 171
plants for landscaping purposes shall be arranged in a harmonious
manner compatible with the building and its surroundings.
(118). Life Styling Center. A facility wherein a profit or non-profit service is
provided to the general public for purposes related to the physical or
emotional well-being of individuals or groups of individuals. This
category of use is not intended to be broadly interpreted but is intended
to accommodate various alcoholic, dietary, exercise, or emotional
support groups. This is not intended to be a personal care facility where
medical care services are provided other than skilled instruction and
incidental counseling. No boarding care shall be provided.
(119). Light Assembly. The fitting together of already manufactured parts
into a complete or semi -complete unit. (This would not limit the casting
or forming of some components on site but such processes would
typically not generate noise, vibration, smoke or odor.) Typically, all
manufactured and pre -manufactured parts and the final product would
be limited in size, bulk and weight so that it could be handled by one
worker without the aid of machines. Furthermore, all activity usually
occurs indoors.
(120). Light Manufacturing. The manufacturing, fabricating or casting of
individual components of a larger unit or a complete unit. All such
processing must occur indoors and would not typically generate noise,
vibration, smoke, dust or odor detectable at the property boundary line.
Furthermore, all new materials and final components should be limited
in size, bulk and weight so that they could be handled by one worker
without the aid of machines.
(121). Livestock. "Livestock" means horses, bovine animals, sheep, goats,
swine, donkeys, mules and poultry.
(122). Lot. A parcel of land, tract or lot on file and of record in the office of
the Clerk and Recorder, Flathead County, Montana. A zoning lot may
include multiple contiguous lots held in single ownership upon written
determination by the zoning administrator.
(123). Lot Area. The total horizontal area within the boundary lines of a lot.
Where surface utility or street easements are located within a parcel, lot
area computation shall not include that area contained within the
easement.
(124). Lot Corner. A lot at the junction of and fronting on two or more
intersecting streets.
Page 172 - Kalispell Zoning Ordinance
(125). Lot Coverage. The total area of a lot covered by the principal and
accessory buildings, or structures including any area occupied by eaves,
overhangs or roofs and any attachment to a building or structure, but
excluding open decks less than 30 inches in height. (measured from
grade to top of the platform)
(126). Lot, Interior. A lot fronting on one street.
(127). Lot Length. The length (or depth) of a lot shall be:
(1). If the front and rear lines are parallel, the shortest distance
between the lines.
(2). If the front and rear lines are not parallel, the shortest distance
between the midway point of the front lot line and midpoint of
the real lot line.
(3). If the lot is triangular, the shortest distance between the front
lot line and a line parallel to the front lot line, not less than ten
(10) feet long lying along the rear of the lot but still wholly
within the lot.
(128). Lot Line.
(1). Lot, Front - The front property line of a lot shall be determined
as follows:
(a). Corner Lot - The front property line of a corner lot shall
be the shorter of the two lines adjacent to the streets as
platted, subdivided or laid out. Where the lines are
equal, the front line shall be that line which is obviously
the front by reason of the prevailing custom of the other
buildings on the block. If such front is not evident, then
either may be considered the front of the lot, but not
both.
(b). Interior Lot - The front property line of an interior lot
shall be the line bounding the street frontage.
(c). Through Lot - The front property line of a through lot
shall be that line which is obviously the front by reason
of the prevailing custom of the other buildings in the
block. Where such front property line is not obviously
evident, the zoning administrator shall determine the
front property line. Such a lot over two hundred (200)
Definitions - Page 173
feet deep shall be considered, for the purpose of this
definition, as two lots each with its own frontage.
(d). Lot, Rear - The rear property line of a through lot is that
lot line opposite to the front property line. Where the
side property lines of a lot meet in a point, the rear
property line shall be assumed to be a line not less than
ten (10) feet long, lying within the lot and parallel to the
front property line. In the event that the front property
line is a curved line then the rear property line shall be
assumed to be a line not less than ten (10) feet long,
lying within the lot and parallel to a line tangent to the
front property line at its midpoint.
(e). Lot, Side - The side property lines of a lot are those lot
lines connecting the front and the rear property lines of a
lot.
(129). Lot, Through. A lot fronting on two streets that do not intersect on
the parcel's lot lines. May be referred to as "double frontage lot."
(130). Lot Width. The dimension of the lot line at the street, or in an
irregular shaped lot the dimension across the lot at the building line, or
in a corner lot the narrow dimension of the lot at a street or building
line.
(131). Maintenance. The replacing or repair of a part or parts of a building,
which have been made unusable by ordinary wear or tear, or by the
weather.
(132). Maintenance (Signs). For the purposes of this Ordinance, the
cleaning, painting, repair, or replacement of defective parts of a sign in
a manner that does not alter the basic copy, design, or structure of the
sign.
(133). Manufactured Home. A single family dwelling, built off site in a
factory on or after January 1, 1990, that is placed on a permanent
foundation, is at least 1,000 square feet in size, has a pitched roof and
siding materials that are customarily used on site -built homes, and is in
compliance with the applicable prevailing standards of the United
States Department of Housing and Urban Development at the time of
its production.
(134). Manufactured Home Park. A parcel of land under single ownership
on which two or more spaces are rented or leased for the placement of
Page 174 - Kalispell Zoning Ordinance
manufactured homes. The space size requirements, setbacks, and other
such dimensions of a mobile home park shall be established by the City
of Kalispell Subdivision Regulations.
(135). Manufactured Home Subdivision. A subdivision designed and/or
intended for the sale of lots for siting manufactured homes.
(136). Mansard. A sloped roof or roof -like facade architecturally
comparable to a building wall.
(137). Map. The official zoning district map of Kalispell, Montana.
(138). Marquee. Any permanent roof -like structure projecting beyond a
building or extending along and projecting beyond the wall of the
building, generally designed and constructed to provide protection from
the weather.
(139). Marquee Sign. Any sign attached to or supported by a marquee
structure.
(140). ,.laster Plan Growth Policy. The Kalispell City County M rite, Plan
Growth Policy and any amendments which may be made thereto
adopted by the city council and the County Board of Commissioners as
a guide to the development and growth of the community.
(141). Micro -Brewery, Brew Pub and Mini -Brewery are defined as a
brewery which produces 2000 barrels of beer or less a year for on -site
consumption or distribution, or a combination of both.
(142). Mini -Storage. Storage facilities intended primarily for domes -tic
usage and not to exceed 300 square feet per unit.
(143). Mobile Home. A transportable, factory -built home, designed to be
used as a year-round residential dwelling and built prior to enactment
of the Federal Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective June 15, 1976.
(144). Mobile Module. A factory -fabricated, transportable building unit
designed to be incorporated at a building site into a structure to be used
for residential, commercial, educational or industrial purposes, put on a
permanent foundation and joined to make a single unit.
(145). Moorage. A place to tie up or anchor a boat or vessel.
(146). Motel. (See hotel).
Definitions - Page 175
(147). Nameplate. A nonelectric on -premise identification sign giving only
the name, address, and/or occupation of an occupant or group of
occupants.
(148). Nonconforming Sign. A sign which was erected legally but which
does not comply with subsequently enacted sign restrictions and
regulations.
(149). Nonconforming Use. A use of land, building or structure, which
lawfully existed prior to the enactment of this Ordinance and which is
maintained after the effective date of such ordinance, even though it
does not comply with the use restrictions applicable to the area in
which it is situated.
(150). Nursery, Day. (See day care).
(151). Nursing Home. A health care institution other than a hospital or
personal care facility which is licensed by the State of Montana as a
skilled nursing facility for two (2) or more unrelated persons.
(152). Obligee. Includes any bondholder, agent or trustees for any
bondholders, or lessor demising to the municipality property used in
connection with an urban renewal project, or any assignee or assignees
of such lessor's interest or any part thereof, and the federal government
when it is a party to any contract with the municipality.
(153). Occupancy. The portion of a building or premises owned, leased,
rented, or otherwise occupied for a given use.
(154). Off -Premise Sign. A sign structure advertising an establishment,
merchandise, service or entertainment, which is not sold, produced,
manufactured or furnished at the property on which the sign is located.
This does not include billboards, which are defined separately herein.
(155). Off -Street Parking. Parking facilities for motor vehicles on other than
a public street or alley.
(156). On -Premise Sign. A sign which pertains to the use of the premises on
which it is located.
(157). Open Space. Any part of a lot unobstructed from the ground upward.
Any area used for parking or maneuvering of automotive vehicles or
storage of equipment or refuse shall not be deemed open space.
Page 176 - Kalispell Zoning Ordinance
(158). Owner, Sign. A person recorded as such on official records. For the
purposes of this Chapter, the owner of property on which a sign is
located is presumed to be the owner of the sign unless facts to the
contrary are officially recorded or otherwise brought to the attention of
the Administrator, e.g., a sign leased from a sign company.
(159). Painted Wall Sign. Any sign which is applied with paint or similar
substance on the face of a wall.
(160). Parapet. The extension of a false front or wall above a roofline.
(161). Parking Lot. A structure or an area, other than a public street or alley,
designed or used for the temporary parking of motor vehicles and
available for public use whether free, for compensation, or an
accommodation for customers or clients and which has access onto a
public street or alley.
(162). Parking Space. A space within or without a building, exclusive of
driveways, at least one hundred and eighty square feet used to
temporarily park a motor vehicle and having access to a public street or
alley.
(163). Pasture. An area confined within a fence or other physical barrier and
which area is used for grazing or roaming of livestock.
(164). Pennant. Any lightweight plastic, fabric, or other material, whether or
not containing a message of any kind, suspended from a rope, wire, or
string, usually in series, designed to move in the wind.
(165). Permanent. Having attachment to the ground through the use of
concrete footing and foundations in conformity with existing building
codes.
(166). Permitted Use. Any use authorized or permitted alone or in
conjunction with another use in a specified district and subject to the
limitations of the regulations of such use district.
(167). Person. For the purposes of this Chapter, any individual, corporation,
association, firm, partnership, or similarly defined interest.
(168). Personal Care Facility. A residential health facility licensed by the
State of Montana which provides non -skilled personal care services
including meals, bathing and mobility assistance on a 24-hour basis.
Definitions - Page 177
(170). Planned Unit Development. A tract of land developed as an
integrated unit. The development is unique and is based on a plan
which allows for flexibility of design, setting and density not otherwise
possible under the prevailing zoning district regulations.
(171). Planning Area. The City of Kalispell and any other area to which the
planning jurisdiction of the city is lawfully extended.
(172). Point of Purchase Display. Advertising of a retail item accompanying
its display, e.g., an advertisement on a product dispenser.
(173). Pole Cover. Covers enclosing or decorating poles or other structural
supports of a sign.
(174). Political Sign. For the purposes of this Ordinance, a temporary sign
used in connection with a local, state, or national election or
referendum.
(175). Portable Sign. Any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported,
including, but not limited to, signs designed to be transported by means
of wheels; signs converted to A or T-frames; readerboards; menu and
sandwich board signs; balloons used as signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and
visible from the public right-of-way, unless said vehicle is used in the
normal day-to-day operations of the business.
(176). Prefabricated Building. A structure prepared and manufactured so
that it can be conveniently shipped to a place of assembly, erected and
placed on a permanent foundation.
(177). Premises. A parcel of land with its appurtenances and buildings which,
because of its unity of use, may be regarded as the smallest conveyable
unit of real estate.
(178). Principal Use. The primary or predominant use to which the property
is or may be devoted, and to which all other uses on the premises are
accessory.
(179). Professional Offices. Offices maintained and used as a place of
business conducted by persons engaged in the healing arts for human
beings, such as physicians and dentists (but wherein no overnight care
Page 178 - Kalispell Zoning Ordinance
for patients is given), and by registered engineers, attorneys, architects,
accountants. This would also include, but not be limited to, title
companies, travel agencies, insurance companies, real estate offices,
and other persons providing services utilizing training in and knowledge
of the mental discipline as distinguished from training in occupations
requiring mechanical skill or manual dexterity or the handling of
commodities.
(180). Project Area. The area included within the boundaries of the Kalispell
downtown redevelopment plan.
(181). Projecting Sign. A sign, other than a flat wall sign, which is attached
to and projects from a building wall or other structure not specifically
designed to support the sign.
(182). Projection. The distance any part of a structure extends over public
property or beyond the building setback line.
(183). Public Utility. A public service cooperation performing some public
service and subject to special governmental regulations, or a
governmental agency performing similar public services, the services by
either of which are paid for directly by the recipients thereof. Such
services shall include, but are not limited to water supply, electric
power, telephone, TV cable antenna, gas and transportation for persons
and freight.
(184). Quasi -Public Buildings, Non -Profit in Character. Any facility to
which a class or a group of the public is permitted to attend or use
subject to the regulations of a club or other organization owning or
regulating such facility.
(185). Real Estate Sign. A temporary sign advertising the real estate upon
which the sign is located as being for rent, lease, or sale.
(186). Real Property. Includes all lands, including improvements and fixtures
thereon, and property of any nature appurtenant thereto, or used in
connection therewith, and every estate, interest, right and use, legal or
equitable, therein, including terms for years and liens by way of
judgment, mortgage or otherwise.
(187). Recreational Area, Commercial. An area operated for profit and
devoted to facilities and equipment for recreational purposes, including
swimming pools, tennis courts, playgrounds, bowling, billiards,
miniature golf, and other similar uses whether the use of such area is
Definitions - Page 179
limited to private membership or whether open to the public upon the
payment of a fee or service charge.
(188). Recreational Area, Non -Commercial. An area devoted to facilities
and equipment for recreational purposes, swimming pools, tennis
courts, playgrounds, community club houses and other similar uses
maintained and operated by a government entity, nonprofit club,
homeowner's association, or other corporate structure and whose
membership is limited to the residents within the area.
(189). Recreation Vehicle. A travel trailer or camping trailer designed to be
towed, motorized homes and pick-up campers or coaches designed and
constructed for human habitation, which can be operated independently
of utility connections and designed to be used principally as a
temporary dwelling for travel, recreation and vacation.
(190). Recreational Vehicle Park. Any lot, tract or parcel of land used or
offered for use in whole or in part with or without charge for the
parking of occupied recreational vehicles, tents or similar devices used
for temporary living quarters for recreational camping or travel
purposes.
(191). Redevelopment. Includes (1) acquisition of a blighted area or portion
thereof, (2) demolition and removal of buildings and improvements; (3)
installation, construction or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out in the
project area the provisions of the plan, and (4) making the land
available for development or redevelopment by private enterprise or
public agencies (including sale, initial leasing, or retention by the city
itself) at its fair value for uses in accordance with the plan.
(192). Redevelopment Area Boundaries. The Kalispell downtown
redevelopment area is all that real property in the City of Kalispell, in
the County of Flathead, State of Montana, being subject to the Kalispell
Downtown Redevelopment Plan and as outlined on the official zoning
map of Kalispell.
(193). Rehabilitation. Includes the restoration and renewal of a blighted area
or portion thereof, in accordance with the plan, by (1) carrying out
plans for a program of voluntary or compulsory repair and
rehabilitation of buildings or other improvements; (2) acquisition of real
property and demolition or removal of buildings and improvements
thereon where necessary to eliminate unhealthful, unsanitary or unsafe
conditions, lessen density , reduce traffic hazards, eliminate obsolete or
other uses detrimental to the public welfare, or otherwise to remove or
Page 180 - Kalispell Zoning Ordinance
prevent the spread of blight or deterioration, or to provide land for
needed public facilities; (3) installation, construction or reconstruction
of streets, utilities, parks, playgrounds, and other improvements
necessary for carrying out in the project area the provisions of the plan;
and (4) the disposition of any property acquired in the project area
(including sale, initial leasing, or retention by the agency itself) at its
fair value for uses in accordance with the plan.
(194). Restaurant. Any land, permanent building, structure or portion
thereof, where food is provided for sale, for consumption on the
premises for three (3) or more persons, or where food is prepared and
sold for consumption off the premises, including a cafe, coffeehouse,
lunchroom, tearoom, dining room, drive-in, carry -out, or other similar
establishments, shall be considered a restaurant; however, any
establishment where the preparation of food is merely incidental to the
sale of food products, such as grocery stores and food markets, shall
not be included. Restaurants and cafeterias connected with the
operations of hospitals, nursing homes, boarding houses, schools, and
private industry for employees and their guests shall be considered as
accessory to the principal use.
(195). Retail Business. A business serving the consumer needs of the general
public as opposed to a business that is a producer or a wholesaler of
goods. Retail businesses include, but are not limited to the following:
shops/stores/businesses that sell gifts, cards, appliances, art, art
supplies, automobile parts, bicycles, books, stationary, camera supplies,
clothing, flowers, furniture, garden supplies, hardware, toys, paint,
shoes, sporting goods, wall and floor coverings, jewelry, records, pet
and pet supplies, and/or crafts. Except as otherwise referenced
elsewhere in this ordinance, other uses specifically listed as permitted or
conditional uses in Section 27.04 through 27.20 shall not be deemed
retail businesses for the purpose of this ordinance.
(196). Retail Restricted Industrial Use. A use that is primarily industrial in
nature but provides limited show room and/or retail floor area for the
purpose of display and sales. The predominate industrial character of
the business would be established by recognized product storage,
warehousing, and distribution of products. These business uses should
include the manufacture, storage and distribution of items as a primary
component of the business. The use may include delivery of items as a
routine and regular part of conducting business. This may include
warehousing, staging and rental or sale of large items or products. This
would not include large scale retail outlets that routinely warehouse
and hold large inventories.
Definitions - Page 181
(197). Retaining Wall. A wall designed to resist the lateral displacement of
soil or other material.
(198). Retirement Home. A place of residence for several families or
individuals in apartment -like quarters, rented, cooperative or
condominium, which may feature services to retired persons such as
limited nursing facilities, minimum maintenance, living
accommodations, and recreation programs and facilities.
(199). Riding Academy. Any establishment where horses are kept for riding,
driving or stabling for compensation or as any accessory use in the
operation of a club, association, ranch or similar establishment.
(200). Roofline. The top edge of a wall or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
(201). Roof Sign. Any sign erected over or on the roof of a building
(compare "Mansard," "Wall Signs").
(202). Rooming House. Same as "boardinghouse."
(203). Rotating Sign. A sign in which the sign itself or any portion of the
sign moves in a revolving or similar manner. Such motion does not
refer to methods of changing copy.
(204). Row House. A building or structure that has three or more one -family
dwellings erected in a row as a single building, each being separated
from the adjoining unit or units by an approved fire wall or (walls
extending from the basement floor to above the roof along one or both
side lot lines and each such "row house" building being separated from
any other building space on all sides. For lot area requirements for row
houses, see Section 27.03.010(5)(c) of this ordinance.
(205). Sanitarium. An institution for the treatment and care of the
chronically ill or for patients requiring long-term therapy, rest and
recuperation.
(206). School, Commercial. A building where instruction is given to pupils
in arts, crafts or trades, and operated as a commercial enterprise as
distinguished from schools endowed and/or supported by public
taxation. This category of use would also include such forms of
instruction as music lessons, marshall arts studios and dance studios.
(207). School: Elementary, Junior or Senior High, Including Public, Private
and Parochial. An institution of learning which offers instruction in the
Page 182 - Kalispell Zoning Ordinance
several branches of learning and study required to be taught by the
Montana Board of Education.
(208). School: College or University. A public or private institution for
higher learning (beyond grade twelve) providing courses of instruction
as approved by the Montana Department of Education or a national
collegiate or university accreditation agency.
(209). Screened. Concealed or cut off from direct visual contact.
(210). Secondhand and Antique Stores. Any retail establishment in which
the principal portion of the articles, commodities or merchandise
handled, offered for sale, or sold on the premises, is used or not new.
(211). Semi -Private Facility. Any facility to which a class or a group of the
public is permitted to attend or use subject to the regulations of a club
or other organization owning or regulating such facility.
(212). Service Station, Automobile. An occupancy which provides for a
drive-in type business and in which business or service may be provided
with or without the customer leaving the vehicle. It also may include
the following:
(a). The servicing of motor vehicles and operations incidental
thereto limited to the retail sale of petroleum products and
automotive accessories; automobile washing; waxing and
polishing of automobiles; tire changing and repairing, excluding
recapping; battery service, charging and replacement; radiator
cleaning and flushing, excluding steam cleaning and repair; and
installation of accessories;
(b). The following operations if conducted within a building:
lubrication of motor vehicles; brake servicing limited to
servicing and replacement of brake cylinders, lines and brake
pads; wheel balancing; the testing, adjustment and replacement
or servicing of carburetors, coils, condensers, distributor caps,
fan belts, filters, generators, points, motors, spark plugs,
voltage regulators, water and fuel pumps, water hoses and
wiring.
(211). Setback. The horizontal distance required between any structure and a
lot line. This distance to be measured at right angles to the lot line. The
setback line shall be parallel with the lot lines.
Definitions - Page 183
(212). Sexually Oriented Business. Sexually oriented business means an
adult arcade, adult bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort agency, nude
model studio, or sexual encounter center.
(213). Shelter. A facility operated by a public or private party wherein the
temporary boarding of the transient, homeless, or indigent is provided
as a public service to satisfy a demonstrated public need. See also
Boarding House, Incidental.
(214). Shelter Station. A shelter for the protection from the elements of the
waiting customers of a public transportation system.
(215). Shopping Center. One or more buildings containing at least three
separate retail businesses planned, developed and managed as a unit,
with off-street parking provided on the property.
(216). Sign. Any device, structure, fixture, or placard using graphics,
symbols, and/or written copy designed specifically for the purpose of
advertising or identifying any establishment, product, goods, or service.
(217). Sign, Area of.
(a). Projecting and Freestanding: The area of the sign shall be
measured as follows if the sign is composed of one or two
individual cabinets:
1). The area around and enclosing the perimeter of each
cabinet or module shall be summed and then totaled to
determine total area. The perimeter of measurable area
shall not include embellishments such as pole covers,
framing, decorative roofing, etc., provided that there is
not written advertising copy on such embellishments.
2). If the sign is composed of more than two sign cabinets
or modules, the area enclosing the entire perimeter of all
cabinets and/or modules within a single, continuous
geometric figure shall be the area of the sign. Pole
covers and other embellishments shall not be included in
the area of measurement if they do not bear advertising
copy.
(b). Wall Signs: The area shall be within a single, continuous
perimeter composed of any straight line geometric figure which
encloses the extreme limits of the advertising message. If the
Page 184 - Kalispell Zoning Ordinance
sign is composed of individual letters or symbols using the wall
as the background with no added decoration, the total sign area
shall be calculated by measuring the area within the perimeter of
each symbol or letter. The combined areas of the individual
figures shall be considered the total sign area.
(218). Sign Height. The vertical distance measured from the highest point of
the sign, including decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is less
(compare "Clearance").
(219). Site Development Review Committee. A committee established by
authority of this ordinance to review and approve major site plans.
Membership shall consist of the City Manager, Public Works Director
and/or City Engineer, Community Development Director, Police Chief,
Fire Chief, City Building Official, and City Planner representing the
Flathead Regional Development r'City planning office and other
staff as may be designated by the City Manager.
(220). Site Plan. A scale drawing showing the accurate location of all
structures, streets, alleys, and parking areas existing and proposed on
subject property or any other information as may be required by this
Ordinance.
(221). Small Engines. Engines generally associated with lawnmowers,
motorcycle engine, outboard motors, chain saws, tillers and the like.
Does not include automobile engines.
(222). Snipe Sign. A temporary sign or poster affixed to a tree, fence, etc.
(223). Solid Planting. A planting of evergreen trees and shrubs which will
prevent a thorough and unobscured penetration of sight and light.
(224). Stable, Private. A detached accessory building in which horses or
other animals owned by the occupant of the premises are kept and in
which no such animals are kept for hire, remuneration or sale.
(225). Stable, Public. A stable other than a private stable.
(226). State. The State of Montana.
(227). Storage Yard. Any lot, or portion of a lot, which is used for the sole
purpose of the outdoor storage of fully operable motor vehicles,
construction equipment, construction materials, or other tangible
materials and equipment.
Definitions - Page 185
(228). Story. That part of a building lying between two floors or between the
floor and ceiling of the highest usable level in the building.
(229). Street. A public or private thoroughfare which affords the principal
means of access to abutting properties.
(230). Structure. A combination of materials constructed and erected
permanently on the ground or attached to something having a
permanent location on the ground, including signs. Not included are
residential fences less than six feet in height, driveways, sidewalks,
patios and other at grade improvements; retaining walls, rockeries and
similar improvements of a minor character less than three feet in height.
(231). Structural Alterations. Any change in the supporting members of a
structure, such as bearing walls or partitions, columns, beams or
girders, sign supports and frames, or any substantial change in the roof
or in the exterior walls.
(232). Subdivision Identification Sign. A freestanding or wall sign
identifying a recognized subdivision, condominium complex, or
residential development.
(233). Temporary. For the purposes of these regulations, temporary shall
mean a period of less than ninety (90) days when in reference to a time
frame, or not having or requiring permanent attachment to the ground,
or involving structures which have not required permanent attachment
to the ground.
(234). Temporary Sign. A sign not constructed or intended for long-term
use.
(235). Theater. A structure used for dramatic, operatic, motion pictures or
other performance, for admission to which entrance money is received
and no audience participation or meal service allowed.
(236). Theater, Drive -In. An establishment to provide entertainment through
projection of motion pictures on an outdoor screen for audiences
whose seating accommodations are provided by their own motor
vehicles parked in spaces provided on the same site with the outdoor
screen.
(237). Townhouse. Ownership of a parcel of land with an attached single-
family dwelling unit that is connected with other similar dwelling units
but separated from the other similar dwelling units by a common party
Page 186 - Kalispell Zoning Ordinance
wall having no doors, windows or other provisions for human passage
or visibility.
(238). Transmission Towers / Cellular Communication Tower and
Facilities. Commercial Radio and television service antenna,
unlicensed wireless service antenna/tower, common carrier wireless
exchange structure / antenna / towers commonly referred to as cellular
communications.
(239). Transmit Terminal/Station. Service and storage building for transit
vehicles such as mini -buses, midi -buses, and city -suburban transit
buses. A terminal may also serve as a transit stop for the loading and
unloading of passengers.
(240). Under -Canopy Sign. A sign suspended beneath a canopy, ceiling,
roof, or marquee.
(241). Use. Any purpose for which a building or other structure or a tract of
land may be designed, arranged, intended, maintained, or occupied, or
any activity, occupation, business, or operation carried on or intended
to be carried on in a building or other structure or on a tract of land.
(242). Variance. The relaxation of the strict application of the terms of this
title with respect to mechanical requirements such as setback
requirements, yard requirements, area requirements, building height,
parking and loading space requirements, etc., where specific physical
conditions unique to the site of the lot would create an unreasonable
burden by making its development for permitted uses difficult or
impossible. This definition shall not be construed to permit the granting
of a use in any district which use is not designated a permitted or
conditional use therein by this ordinance.
(243). Veterinary Clinic, Large. A building or premises for the medical or
surgical treatment of small or large animals or pets, including dog, cat,
livestock or other large animals, and the boarding of hospitalized
animals, but excluding the boarding of animals not subjected to medical
or surgical treatment.
(244). Veterinary Clinic, Small. A building or premises for the medical or
surgical treatment of small animals or pets, including dogs and cats, not
to include livestock or other large animals, including the boarding of
hospitalized animals, but excluding the boarding of animals not
subjected to medical or surgical treatment.
Definitions - Page 187
(245). Wall Sign. A sign attached parallel to and extending not more than
twelve (12) inches from the wall of a building. This definition includes
painted, individual letter, and cabinet signs, and signs on a mansard.
(246). Window Sign. A sign installed inside a window and intended to be
viewed from the outside by pedestrian traffic.
(247). Yard. A space on the same lot with a principal building, which is open
and unoccupied other than by steps, walks, terraces, driveways, lamp
posts and similar structures, and unobstructed by structures, except as
otherwise provided in this Ordinance.
(248). Yard, Required. The minimum dimension of a front, side or rear yard
as established by the use regulations for each district. (Amended
Ordinance No. 1189.)
(249). Zoning Administrator. A duly appointed officer of the city charged
with the administration and enforcement of the provisions of the
adopted ordinance.
(250). Zoning Map. A map or maps with all notations, dimensions,
references and symbols shown thereon depicting individual zoned
districts in accordance with this Ordinance.
Page 188 - Kalispell Zoning Ordinance
APPENDIX
Appendix - Page 1
APPENDIX A
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
ANGLED PERPENDICULAR
0 1
c.a
0
a
4" wide paint stripe
PARALLEL
G isc r
b Parking Section Width
d Aisle Width
e Curb Length Per Car
f Car Stall Width
i
m
c
-C
d
Q
0
Q
0
wheel
stop
TURNING
CLEARANCES
e & f
4" wide paint stripe
Page 2 - Appendix
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
TWO WAY TRAFFIC
b b'
le
a Parking Angle
b/b' Parking Section Width
c/c' Parking Bank Width
d Aisle Width
f�
e Curb Length Per Car
f Car Stall Width
a
b
c
d
e
f
b'
c'
0-
36'
8'
20'
23'
8'
-
-
35-
56'
18'
20'
14.8'
8.5'
49'
14.5'
40-
57'
18.5'
20'
13.2'
8.5'
50'
15'
45-
58'
19'
20'
12.0'
8.5'
5 F
15.5'
50-
59'
19.5'
20'
11.1'
8.5'
53'
16.5'
55-
60'
20'
20'
10.4'
8.5'
55'
17.5'
60-
60'
20'
20'
9.8'
8.5'
55'
17.5'
65-
60'
20'
20'
9.7'
8.8'
56'
18'
70-
60'
20'
20'
9.6'
9'
57'
18.5'
80-
64'
20'
24'
9.5'
9'
64'
20'
90-
64'
20'
24'
9'
9'
64'
20'
Appendix - Page 3
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
ONE WAY TRAFFIC
b b'
C d C C. d C'
le
a Parking Angle
b/b' Parking Section Width
c/c' Parking Bank Width
d Aisle Width
e Curb Length Per Car
f Car Stall Width
I e
a
b
c
d
e
f
b'
c'
0-
28'
8'
12'
23'
8'
-
-
35-
48'
17.3'
12'
14.8'
8.5'
41'
14.5'
40-
49'
18.1'
12'
13.2'
8.5'
42'
15'
45-
50'
18.7'
12'
12.0'
8.5'
43'
15.5'
50-
5 F
19.2'
12'
11.1'
8.5'
45'
16.5'
55-
53'
19.6'
12'
10.4'
8.5'
47'
17.5'
60-
55'
19.8'
15'
9.8'
8.5'
50'
17.5'
65-
57'
19.9'
17'
9.7'
8.8'
53'
18'
70-
60'
19.9'
20'
9.6'
9'
57'
18.5'
80-
60'
20'
20'
9.5'
9'
60'
20'
90-
60'
20'
20'
9.0'
9'
60'
20'
Page 4- Appendix
APPENDIX B
FIGURE 2
BOUNDARIES OF SPECIAL PARKING MAINTENANCE DISTRICT NO.2