Resolution 4750 - FAILED ON TIE VOTE - Establish Criteria for Substantive versus Non-substantive Revisions to Zoning OrdinanceIMe
RESOLUTION NO.4750
A RESOLUTION TO ESTABLISH CRITERIA FOR THE DETERMINATION OF THE
SUBSTANTIVE VERSES NON -SUBSTANTIVE REVISIONS TO THE KALISPELL ZONING
ORDINANCE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Montana Attorney General has issued an opinion at Volume No. 49, Opinion No.
23 which states, in part, that municipal zoning regulations otherwise authorized, may
not be substantively revised unless a valid growth policy is adopted; and
WHEREAS, the City of Kalispell is currently in the process of developing a compliant growth
policy; and
WHEREAS, it can be reasonably anticipated that the City will receive applications requesting
revisions to the Kalispell Zoning Ordinance and Kalispell Zoning Map during that
interim prior to the adoption of a complaint growth policy; and
WHEREAS, the applicants and City planning staff would benefit from specific findings setting
criteria for those revisions to the zoning regulations that may be designated as
substantive; and
WHEREAS, an urgency exists during the interim until a growth policy is adopted that the public
should have an established criteria for substantive revision of zoning regulation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. Council finds that the following standards shall define the substantive nature of
requests for revisions to the Kalispell zoning regulations until a compliant
growth policy is adopted:
Non -substantive revisions:
Annexation or rezoning from a residential category of zoning to another
residential category.
Annexation or rezoning from a commercial designation to a commercial
designation.
Annexation or rezoning from within the same or similar use category.
Substantive revisions:
Annexation or rezoning from an agricultural to residential, commercial or
industrial category.
Annexation or rezoning from a residential to commercial or industrial category.
Changes to the text that would allow uses not otherwise permitted or similar
changes.
SECTION II. This Resolution shall become effective immediately upon final passage by City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 4TH DAY OF NOVEMBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk