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Ordinance 1463 - Neighborhood Buffer District UsesORDINANCE NO.1463 AN ORDINANCE AMENDING SECTION 27.13.020 OF THE KALISPELL INTERIM ZONING ORDINANCE, (ORDINANCE NO. 1439), BY AMENDING THE PERMITTED USES AND CONDITIONALLY PERMITTED USES IN THE B-1, NEIGHBORHOOD BUFFER DISTRICT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Mark Rhodes has submitted a written request to amend Section 27.13.020 of the Kalispell Interim Zoning Ordinance, by amending the Permitted Uses in the B-1, Neighborhood Buffer District, to allow limited drive -through facilities and residential uses as permitted uses, and WHEREAS, the Tri-City Planning Office is recommending some additional nonsubstantive changes to the B-1, Neighborhood Buffer District, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Tri-City Planning Office after having been evaluated under 27.14.030, Kalispell Interim Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that limited drive -through facilities and residential uses be allowed in the B-1, Neighborhood Buffer District, as permitted uses, and that multi -family residences and bed and breakfasts be allowed as conditionally permitted uses, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-03-3 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Interim Zoning Ordinance, Ordinance No. 1439, is hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. All parts and portions of Ordinance No. 1439 not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF DUNE, 2003. ATTES Theresa White City Clerk EXHIBIT A MARK RHODES KALISPELL ZONING ORDINANCE TEXT AMENDMENTS 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. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations, of etAdaef eettsffmpfieft of feed aftd bevefages; to accommodate large- scale commercial operations. 27.13.020: Permitted Uses. (1). Apartments accessory (moved from the conditional use permit category) (2). Artist studio with incidental sales. (3). Bakery/deli with either wholesale or retail goods with less than 1,500 square feet manufacturing area. (4). Business offices and any type of enterprise rendering professional or personal services-,pfevided: (6). Churches/worship/parish/Sunday school buildings. (7). Clinics, medical and dental. (8). Drive -through facilities with no more than two driving lanes and no larger than 2,000 square feet (9). Dwellings, duplex (10). Dwellings, single family (13). Offices, professional/governmental. (14). Parks. (15). .zet (16). . (19). Retail enterprises no larger than 3,000 square feet in gross floor area. (20). Restaurants no lamer than 4,000 square feet (23). Schools commercial moved from the conditional use permit cateeorv). 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. 27.13.040 (1). Automobile service station (see definition). (2). Bed and breakfast (3). Car wash, automobile detailing shop. (4). Community center/gym/swim pools operated by public or quasi -public. (5). Day care center. (6). Dwellings, multi -family (7). Electrical distribution station. (8). Law enforcement/fire stations. (9). Libraries, museums, and similar cultural facilities. (10). Life styling center. (11). Railroad rights -of -way. (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. (13). Transmission towers and cellular communication towers. (14). Temporary building/structure* (15). Water storage facilities. 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 * Administrative conditional use permit