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Ordinance 1072 - Bed & BreakfastsORDINANCE NO. 1072 AN ORDINANCE AMENDING SECTIONS 2.01, 3.04, 7.22, AND 6.09 OF THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 885, -AS AMENDED) ; BY ALLOWING BED AND BREAKFAST FACILITIES TO BE TREATED AS CONDITIONAL USES IN CERTAIN ZONES AND TO SETFORTH STANDARDS TO BE EMPLOYED BY A KALISPELL BOARD OF ADJUSTMENT IN CONSIDERING CONDITIONAL USE PERMITS FOR BED AND BREAKFAST FACILITIES, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I: The Ci-ty of KalispeII's Zoning Ordinance, Ordinance No. 885, as amended, is hereby further amended as follows: A) Section 2.01 of the Kalispell Zoning Ordinance is amended to include the following definition: Bed and Breakfast: A historic single family dwelling with one 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. B) Section 3.04 of Kalispell Zoning Ordinance is amended to include "Bed and Breakfast" facilities, defined above, as conditional uses in the following Residential and Residential -Apartment Districts R-1, R-2, R-3, R-4, R-5, RA-1, RA-2, and RA-3. C) Section 7.22 Kalispell Zoning Ordinance, is amended to include "Bed and Breakfast" facilities as conditional uses in the following Residential and Residential -Apartment Dis- tricts D-1, D-2, D-3, D-4, and D-5. D) Section 6.09 Kalispell Zoning Ordinance is hereby amended to establish the following criteria upon which the board of adjustment of the City of Kalispell "shall base the issuance of a conditional use permit for a Bed and Breakfast faci`'ity as follows: 6.09.10 Bed and Breakfast (a) The operation of a bed and breakfast use shall only be conducted within an existing single family residential dwelling that is listed in the National Register of Historic places or is in the process of being nominated for listing in the National Register of Historic Places. (b) The bed and breakfast uses shall be limited to the principal structure and not extended to any accessory or added structure. (c) A family must be in permanent residence and maintain full use of the kitchen, dining room, living room, and at least one downstairs bedroom and bathroom. (d) 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. (e) The residential structure shall not be significantly modified to provide additional sleeping moms or exhibit a non --residential appear- ance except for a small permitted sign as provided for in (f) below. (f) A free-standing 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 432 square inclTes. Further, said sign shall be architecti4rally harmo- nious with the residential structure and shall not rotate, move, flash, or blink. (g) The use of the bed and breakfast facilities shall be limited to the exclusive use of the resi- dential dwellers and their overnight guests. No other use such as a restaurant, bar, or otherwise which attracts non -boarding customers is permitted. No alcoholic beverages shall be sold on the premises. (h) No people, other than the residents of the dwelling, may be employed or otherwise assist in the operation of a bed and breakfast facility. (i) One off-street parking space will be re- quired for each sleeping room plus one space for the resident dweller. (j) The use of the residential dwelling for Bed and Breakfast must comply with all applicable state "rules" pertaining to "Food, Public Accommo- dations, and Consumer Safety" and with all applicable building and fire codes. SECTION II. The balance of this City of Kalispell Zoning Ordinance (Ordinance No. 885, as amended) not amended hereby shall remain as written. SECTION III. This Ordinance shall be effective thirty (30) days from and after its passage by the City Council and approval by the Mayor. FINALLY PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 6th DAY OF January 1986. 5a ATTEST: Don Halver, City Clerk -Treasurer I, Don Halver, on the City Clerk day of of the City of Kalispell, Montanar do certify that foregoing ordinance in second reading on the , 19_, my office, and day I posted a copy of the the same remained posted until the foregoing is a of , 19 , and the true and correct copy of the ordinance as passed by the City City Clerk of the City of Kalispell, [Montana