Ordinance 1950 - Amends Ch 27 - Zoning RegulationsORDINANCE NO. 1950
AN ORDINANCE AMENDING THE CITY OF KALISPELL ZONING REGULATIONS
CODIFIED AT CHAPTER 27 OF THE KALISPELL MUNICIPAL CODE, DECLARING
AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE
SAME.
WHEREAS, the City of Kalispell submitted a written request to update the Zoning Regulations for
the purpose of aligning the ordinance with the Montana Land Use Planning Act
(MLUPA) and the Kalispell Land Use Plan — PLAN -IT 2045, to implement the
housing strategies detailed in the plan, and incorporate recent bills adopted by the
Montana State Legislature; and
WHEREAS, the Planning Commission considered the request by the Kalispell Planning
Department, held a public hearing on the updates on February 10 and forwarded a
positive recommendation on the amendments; and
WHEREAS, the Planning Commission forwarded its recommendation to the Kalispell City
Council that certain portions of text of the Kalispell Zoning Ordinance be amended
as set forth in Exhibit "A" attached hereto and fully incorporated herein by this
reference; and
WHEREAS, the City Council has fully considered the public comment received, both written and
oral, reviewed and considered the Kalispell -Planning Department Report and hereby
adopts the findings made in Report #KZTA-26-01 as the Findings of Fact to be
applied to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as set forth fully on Exhibit "A" attached hereto and
fully incorporated herein by this reference.
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. 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 4TH DAY OF MAY, 2026.
ATTEST:
Aim& Brunckhorst
City Clerk
General Provisions - 6
CHAPTER 27.01
GENERAL PROVISIONS
Sections:
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.
27.01.020: Severability. 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 affect only that part held invalid.
27.01.030 Repealing Clause. Ordinance Number 1460 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 energy and natural resources; to
lessen congestion in the streets and to provide adequate accommodations for
transportation of people and goods; to provide adequate light and air; to
promote the efficient use of land; to facilitate the provision of transportation,
water, sewer, schools, parks, stormwater management, other public
requirements and environmental needs; to promote orderly development
according to the Kalispell Land Use Plan and other adopted city land use and
facilities policies; to secure safety from fire, panic, and other dangers; 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.
Establishment of Districts - 7
CHAPTER 27.02
ESTABLISHMENT OF DISTRICTS
Sections:
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)
R-1:
Residential
(2)
R-2:
Residential
(3)
R-3:
Residential
(4)
R-4:
Residential
(5)
R-5:
Residential/Professional Office
(6)
RA-1:
Residential Apartment
(7)
RA-2:
Residential Apartment/Office
(8)
RA-3:
Combined with RA-2 under July, 2010, amendment
(9)
H-1:
Health Care
(10)
B-1:
Neighborhood Business
(11)
B-2:
General Business
(12)
B-3:
Core Area - Business
(13)
B-4:
Central Business
(14)
B-5:
Industrial Business
(15)
1- 1:
Light Industrial
(16)
I-2:
Heavy Industrial
(17)
P-1:
Public
(18)
PUD:
Planned Unit Development Overlays
The official zoning map, including any changes made pursuant to this
ordinance, shall be maintained by and available in the office of the Zoning
Administrator and is also available on-line at the City's website. The official
zoning map shall be the final authority as to the current zoning status of land
and water area, buildings and other structures in the city.
27.02.020: 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;
Establishment of Districts - 8
(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;
(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; and
(8) Where property abuts an unzoned public or private right-of-way, the
zoning designation of the property adjoining the right-of-way shall be
deemed to extend to the centerline of the right-of-way, or, if the property
on the opposite side of the right-of-way is not within the city limits, the
zoning designation shall extend to the opposite side of the right-of-way.
27.02.030: Interpretation of Uses. If questions arise concerning the appropriate
classification of a particular use, or if the specific use is not listed, the Zoning
Administrator shall determine the appropriate classification for that use. In
interpreting use classification, the Zoning Administrator shall determine the
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. In the case
of ambiguity or uncertainty, the interpretation is to be interpreted in favor of the
use in question. Neither the intent of this ordinance nor the intent of the district
will be abrogated by such classification. Appeal of the interpretation may be
made pursuant to Chapter 27.31.
Application of District Regulations- 9
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010: Application of District Regulations. Except as otherwise provided
herein, the regulations set by this chapter and Chapters 27.04 through 27.19
shall be the minimum regulations and all regulations as categorized shall apply
uniformly to each class or kind of structure or land and particularly:
(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 and a building permit, if necessary, has been issued.
(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 Section 27.24.040(3)(a).
(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 Kalispell 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 Commission. The
adopted Kalispell Land Use Plan and relevant legal precedent shall be
the primary considerations in the selection of an appropriate zoning
classification. When such zoning of annexed territory is to be effective
at the time of such annexation, the Planning Commission shall have held
a public hearing in order that the City Council may determine the proper
zoning.
(5) The following shall be an exception to the required lot areas as set out
in Chapters 27.04 through 27.19:
(a) Lots which are non -conforming in respect to lot area
requirements.
Application of District Regulations- 10
(b) Sublots are not subject to the area, yard, or other dimensional
requirements of this ordinance, but the parent tract shall be
subject to the property development standards of each zoning
district and the density requirements set forth in this ordinance.
(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.
(7) 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 zoning
purposes, including the 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.
R-1 Residential- 11
CHAPTER 27.04
R-1 RESIDENTIAL
Sections:
27.04.010: Intent. A transitional district intended to provide for estate -type residential
development and for the performance of limited agricultural activities. This
district would normally be located in transitional areas on the fringes of the city
and serve as a buffer between urban and rural/agricultural uses. Lots within
this zoning district may have city municipal water and/or sewer. This zoning
district would typically be found in areas designated as suburban residential on
the Kalispell Land Use Plan Future Land Use Map.
27.04.020: Permitted Uses.
(1) Agricultural and horticultural uses
(2) Day care — home (12 or fewer)
(3) Dwelling - single family
- duplex
- townhouse (2 attached units)
- accessory dwelling unit
(4) Fairgrounds (public)
(5) Group home — 8 or fewer persons
(6) Home occupations (refer to Section 27.20.060)
(7) Jail Facilities (public)
(8) Parks
(9) Police and fire stations
(10) Safe houses
(11) Schools — K-12 (public)
- post secondary (public)
27.04.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Cemeteries, mausoleums and columbariums
(3) Church
(4) Community center
(5) Day care — center (13 or more)
(6) Golf courses
(7) Greenhouses, nursery, landscaping materials
(8) Monument manufacture and sales
(9) Residential care home or facility
(10) Schools - K-12 (private)
- post secondary (private)
(11) Shooting and archery - indoor
- outdoor (archery only)
R-1 Residential- 12
(12) Utilities (primary distribution site)
27.04.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 15,000
(2) Minimum Lot Width (ft): 100
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 20
Rear Yard - 20
Side Corner - 20
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
Eave Encroachments — See Section 27.20.093
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 35
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Height (ft):
Front - 4
Rear - 6.5
Side - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-2 Residential - 13
CHAPTER 27.05
R-2 RESIDENTIAL
Sections:
27.05.010: Intent. A district intended to provide adequate lot areas for lower density
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.
This zoning district would typically be found in areas designated as suburban
residential on the Kalispell Land Use Plan Future Land Use Map.
27.05.020: Permitted Uses.
(1) Day care — home (12 or fewer)
(2) Dwelling - single family
- duplex
- townhouse (2 attached units)
- accessory dwelling unit
(3) Fairgrounds (public)
(4) Group home — 8 or fewer persons
(5) Home occupations (refer to Section 27.20.060)
(6) Jail Facilities (public)
(7) Parks
(8) Police and fire stations
(9) Safe houses
(10) Schools — K-12 (public)
- post secondary (public)
27.05.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Church
(3) Community center
(4) Day care — center (13 or more)
(5) Dwelling - townhouse (3 or more attached units)
(6) Golf courses
(7) Residential care home or facility
(8) Schools — K-12
- post -secondary
(9) Schools — K-12 (private)
- post secondary (private)
(10) Utilities (primary distribution site)
R-2 Residential - 14
27.05.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7,500
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
Eave Encroachments — See Section 27.20.093
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage: 35 %
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Fence Heights (ft):
Front Yard - 4
Side Yard - 6.5
Rear Yard - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-3 Residential - 15
CHAPTER 27.06
R-3 RESIDENTIAL
Sections:
27.06.010: Intent. A district intended to provide lot areas for urban residential
development. This district should have good thoroughfare access, and be in
proximity to community and neighborhood facilities, i.e., schools, parks,
shopping areas, etc. Development within this district must be served by all
public utilities. This zoning district would typically be found in areas
designated as suburban residential or urban residential on the Kalispell Land
Use Plan Future Land Use Map.
27.06.020: Permitted Uses.
(1) Day care - home (12 or fewer)
(2) Dwelling - single family
- duplex
- townhouse (2 attached units)
- accessory dwelling unit
(3) Fairgrounds (public)
(4) Group home — 8 or fewer persons
(5) Home Occupations (Refer to Section 27.20.060)
(6) Jail Facilities (public)
(7) Parks
(8) Police and fire stations
(9) Safe houses
(10) Schools — K-12 (public)
- post secondary (public)
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Church
(3) Community center
(4) Day care — center (13 or more)
(5) Dwelling - townhouse (3 or more attached units)
(6) Golf courses
(7) Residential care home or facility
(8) Schools - K-12 (private)
- post secondary (private)
(9) Utilities (primary distribution site)
R-3 Residential - 16
27.06.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 4,500
(2) Minimum Lot Width (ft): 45
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
Eave Encroachments — See Section 27.20.093
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
27.06.050: Consolidation with R-4 (Residential)
Under the May 2026 amendment of the zoning ordinance, the R-3
(Residential) and the R-4 (Residential) zones were consolidated.
R-4 Residential - 17
CHAPTER 27.07
[Reserved]
R-5 Residential/Professional Office - 18
CHAPTER 27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE
Sections:
27.08.010: Intent. An urban residential district intended to accommodate professional
offices where it is not deemed desirable to permit a more intensive business
activity of a retail nature. 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. This zoning district would typically be found
in areas designated as urban mixed use on the Kalispell Land Use Plan Future
Land Use Map.
27.08.020: Permitted Uses.
(1)
Church
(2)
Day care — home (12 or fewer)
(3)
Dwelling - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(4)
Fairgrounds (public)
(5)
Funeral homes and crematoriums
(6)
Group home — 8 or fewer persons
(7)
Home occupations (refer to Section 27.20.060)
(8)
Jail Facilities (public)
(9)
Office - professional/governmental
(10)
Parks
(11)
Photographic studio (no retail)
(12)
Police and fire stations
(13)
Safe houses
(14)
Schools — K-12 (public)
- post secondary (public)
27.08.030: Uses Which May Be Permitted By Conditional Use Permit.
(1)
Bed and breakfast
(2)
Community center
(3)
Day care — center (13 or more)
(4)
Golf courses
(5)
Residential care home or facility
(6)
Schools - K-12 (private)
- post secondary (private)
- commercial
R-5 Residential/Professional Office - 19
(7) Utilities (primary distribution site)
27.08.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 4,500+ 4,500 for each additional unit
beyond duplex.
(2) Minimum Lot Width (ft): 45
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
Eave Encroachments — See Section 27.20.093
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
RA- I Residential Apartment - 20
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.010: Intent. A residential district intended to provide for urban 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, parks, or shopping districts. This zoning district would typically be
found in areas designated as urban residential or high density residential on the
Kalispell Land Use Plan Future Land Use Map.
27.09.020: Permitted Uses.
(1) Church
(2) Day care — home (12 or fewer)
(3) Dwelling - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(4) Fairgrounds (public)
(5) Group home — 8 or fewer persons
(6) Home occupations (Refer to Section 27.20.060)
(7) Jail Facilities (public)
(8) Parks
(9) Police and fire stations
(10) Safe houses
(11) Schools — K-12 (public)
- post secondary (public)
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Community center
(3) Day care - center (13 or more)
(4) Golf courses
(5) Group home - 9 or more persons
(6) Homeless shelters
(7) Residential care home or facility
(8) Schools - K-12 (private)
- post secondary (private)
- commercial
(9) Utilities (primary distribution site)
RA-1 Residential Apartment - 21
27.09.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 4,500+ 2,250 for each additional unit
beyond duplex.
(2) Minimum Lot Width (ft): 45
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 45
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
RA-2 Residential Apartment/Office - 22
CHAPTER 27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.10.010: Intent. A district to provide areas for residential development including multi-
family housing and compatible non-residential uses of high land use intensity.
This district would typically serve 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. This zoning district would typically be found in areas
designated as urban mixed use, high density residential and commercial on the
Kalispell Land Use Plan Future Land Use Map.
27.10.020: Permitted Uses.
(1)
Barber and beauty services
(2)
Catering establishments
(3)
Church
(4)
Day care - home (12 or fewer)
(5)
Dwelling - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(6)
Fairgrounds (public)
(7)
Funeral homes and crematoriums
(8)
Group home — 8 or fewer persons
(9)
Home occupations (refer to Section 27.20.060)
(10)
Jail Facilities (public)
(11)
Laundromats or dry cleaners
(12)
Office - professional/governmental
(13)
Parks
(14)
Police and fire stations
(15)
Safe houses
(16)
Schools — K-12 (public)
- post secondary (public)
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
(1)
Bed and breakfast
(2)
Banks and financial institutions
(3)
Community center
(4)
Day care - center (13 or more)
RA-2 Residential Apartment/Office - 23
27.10.040:
(5) Golf courses
(6) Group home - 9 or more persons
(7) Homeless Shelters
(8) Libraries, museums, and similar cultural facilities (Administrative
CUP)
(9) Office — medical with limited overnight stay
(10) Residential care home or facility
(11) Schools - K-12 (private)
- post secondary (private)
- commercial
(12) Utilities (primary distribution site)
Property Development Standards.
(1) Minimum Lot Area (sq ft): 4,500+ 1,100 for each additional unit
beyond duplex.
(2) Minimum Lot Width (ft): 45
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 45
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
27.10.050: Consolidation with RA-3 (Residential Apartment/Office).
Under the July 2010, adopted version of the zoning ordinance, the RA-2 (High
Density Residential Apartment) and the RA-3 (Residential Apartment/Office)
zones were consolidated.
H-1 Health Care - 24
CHAPTER 27.11
H-1 HEALTH CARE
Sections:
27.11.010: Intent. A zoning district intended to provide hospitals and medical 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. This zoning district would typically be found in
areas designated as urban mixed use on the Kalispell Land Use Plan Future
Land Use Map.
27.11.020: Permitted Uses.
(1) Aircraft hangers
(2) Automobile parking - surface
(3) Barber and beauty services
(4) Church
(5) Day care — home (12 or fewer)
(6) Dwelling - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(7) Fairgrounds (public)
(8) Funeral homes and crematoriums
(9) Group home — 8 or fewer persons
(10) Home occupations (refer to Section 27.20.060)
(11) Jail Facilities (public)
(12) Laboratories, tech research, development, and testing
(13) Office - professional/governmental
- medical with limited overnight stay
(14) Parks
(15) Police and fire stations
(16) Restaurants
(17) Retail, limited:
-bookstores
-florist
-medical supplies and equipment
-opticians
-pharmacy
-similar uses
(18) Safe houses
(19) Schools — K-12 (public)
- post secondary (public)
H-1 Health Care - 25
27.11.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1) Airports and heliports
(2) Athletic club
(3) Auto parking - structure
(4) Bed and breakfast
(5) Campground/RV parks
(6) Community center
(7) Day care - center (13 or more) (Administrative CUP)
(8) Group home - 9 or more persons
(9) Homeless shelters
(10) Hospital (including treatment centers and 24-hour care facilities)
(11) Residential care home or facility
(12) Schools - K-12 (private)
- post secondary (private)
- commercial
(13) Utilities (primary distribution site)
27.11.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250+ 1,100for each additional unit
beyond a duplex.
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft) - 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front -4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-1 Neighborhood Business - 26
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.010: Intent. A business district intended to provide certain commercial and
professional office uses where such uses are compatible with the adjacent
residential areas. This district would typically serve as a buffer between
residential areas and other commercial districts. Development scale and
pedestrian orientation are important elements of this district. 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 to accommodate
large-scale commercial operations. This zoning district would typically be
found in areas designated as neighborhood commercial or urban mixed use on
the Kalispell Land Use Plan Future Land Use Map.
27.12.020: Permitted Uses.
(1) Bakery
(2) Banks and financial institutions
(3) Barber and beauty services
(4) Catering establishments
(5) Churches
(6) Day care - home (12 or fewer)
(7) Dwellings - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(8) Fairgrounds (public)
(9) Funeral homes and crematoriums
(10) Group home- 8 or fewer persons
(11) Home occupations (refer to Section 27.20.060)
(12) Jail Facilities (public)
(13) Laundromats and dry cleaners
(14) Media (newspaper, radio, TV)
(15) Offices - professional/governmental
(16) Pack and ship shops
(17) Parks
(18) Photographic studio
(19) Police and fire stations
(20) Post office
(21) Print and copy shops
(22) Repair shops (clothing, electronics)
B-1 Neighborhood Business - 27
27.12.030:
(23) Restaurants (no outdoor intercom; no larger than 4,000 square feet)
(24) Retail, limited -retail enterprises no larger than 4,000 sq ft
-office supply
(25) Safe houses
(26) Schools — K-12 (public)
- post secondary (public)
- commercial
(27) Veterinary clinic - small animals
Uses Which May Be Permitted By Conditional Use Permit.
(1) Auto service station
(2) Bars, taverns, and clubs
(3) Bed and breakfast
(4) Community center
(5) Day care - center (13 or more).
(6) Group home - 9 or more persons
(7) Homeless Shelters
(8) Libraries, museums, and similar cultural facilities
(9) Microbreweries, wineries, distilleries, and tasting rooms
(10) Residential care home or facility
(11) Schools - K-12 (private)
- post secondary (private)
(12) Utilities (primary distribution site)
27.12.040 Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
B-1 Neighborhood Business - 28
(8) Signs (refer to Chapter 27.22)
B-2 General Business - 29
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.010: Intent. A district which provides for
variety of sales and service
establishments to serve both the residents of the area and the traveling public.
This district depends on the proximity to major streets and arterials and should
be located in business corridors or in islands. This zoning district would
typically be found in areas designated as commercial and urban mixed use on
the Kalispell Land Use Plan Future Land Use Map.
27.13.020: Permitted Uses.
(1) Athletic club
(2) Assembly - light
(3) Auctions, indoor
(4) Auto parking - surface
(5) Auto (RV, boats, motorcycles) sales and/or repair
(6) Auto rental, limo, shuttle (taxi) services
(7) Auto service station
(8) Bakery
(9) Banks and financial institutions
(10) Barber and beauty services
(11) Bed and breakfast
(12) Bus station
(13) Car wash, auto detailing shop
(14) Catering establishments
(15) Church
(16) Community center
(17) Day care - home (12 or fewer)
- center (13 or more)
(18) Dwelling - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(19) Fairgrounds (public)
(20) Food bank
(21) Funeral homes and crematoriums
(22) Greenhouses, nursery centers and landscaping materials
(23) Group home — 8 or fewer persons
(24) Home occupations (refer to Section 27.20.060)
(25) Hotel, motel
(26) HVAC/electrical/plumbing, sales/service
B-2 General Business - 30
(27) Jail Facilities (public)
(28) Janitor services
(29) Laboratories, tech research, development, and testing
(30) Laundromats or dry cleaners
(31) Libraries, museums, and similar cultural facilities
(32) Lumber/building material sales (with outdoor display/storage)
(33) Media (newspaper, radio, TV)
(34) Media, towers, and facilities (accessory)
(35) Microbreweries, wineries, distilleries, and tasting rooms
(36) Office - professional/governmental
- medical (with limited overnight stay)
(37) Pack and ship shops
(38) Parks
(39) Photographic studio
(40) Police and fire stations
(41) Print and copy shops
(42) Post office
(43) Recreation area, indoor
(44) Rental service stores and yards
(45) Repair shops - appliance
- clothing/electronics
(46) Restaurants
(47) Retail business
(48) Safe houses
(49) Schools - K-12 (public)
- post secondary (public)
- commercial
(50) Small engine sales, service, and repair
(51) Tattoo parlor
(52) Theaters
(53) Veterinary clinic - small animals
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto or vehicle body shops
(3) Auto parking - structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV Park
(6) Casino -accessory (refer to Section 27.34.040)
(7) Contractor's storage yard
(8) Group home - 9 or more persons
(9) Homeless shelters
(10) Kennels, animal shelters (Administrative CUP)
(11) Mini storage/recreational vehicle storage (Administrative CUP)
B-2 General Business - 31
(12) Recreation area, outdoor
(13) Residential care home or facility
(14) Shooting/archery - indoor (Administrative CUP)
(15) Utilities (primary distribution site)
27.13.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-3 - Core Area Business - 32
CHAPTER 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.010: Intent. A district which is intended to provide a variety of both commercial
and residential uses. Commercial uses would typically include a mix of retail,
office, restaurant, and other similar uses. This zone is based primarily on the
core area plan adopted by the city for the area along the railroad corridor and is
intended to further the goals and policies in that plan.
27.14A.020: Permitted Uses.
(1) Assembly - light
(2) Athletic club
(3) Auto parking - structure
(4) Auto parking - surface
(5) Auto rental, limo, shuttle (taxi) services
(6) Auto service station
(7) Bed and breakfast
(8) Bakery
(9) Banks and financial institutions
(10) Barber and beauty services
(11) Bus station
(12) Car wash, auto detailing shop
(13) Catering establishments
(14) Church
(15) Community center
(16) Day care - home (12 or fewer)
- center (13 or more)
(17) Dwellings - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(18) Fairgrounds (public)
(19) Film production studios
(20) Food bank
(21) Food processing - light
(22) Funeral homes and crematoriums
(23) Group home - 8 or fewer persons
(24) Home occupations (refer to Section 27.20.060)
(25) Hotel, motel
(26) Jail Facilities (public)
(27) Laboratories, tech research, development, and testing
B-3 — Core Area Business - 33
(28) Laundromats or dry cleaners
(29) Libraries, museums, and similar cultural facilities
(30) Manufacturing — light (no smoke, fumes, odor, dust)
(31) Media (newspaper, radio, TV)
(32) Media, towers, and facilities (accessory)
(33) Microbreweries, wineries, distilleries, and tasting rooms
(34) Office - professional/governmental
- medical with limited overnight stay
(35) Parks
(36) Pack and ship shops
(37) Photographic studio
(38) Police and fire stations
(39) Post office
(40) Print and copy shops
(41) Recreation area, indoor
(42) Repair shops (clothing, electronics)
(43) Restaurants
(44) Retail business
(45) Schools — K-12 (public)
- post secondary (public)
- commercial
(46) Safe houses
(47) Tattoo parlors
(48) Technology — research, design, engineering and telecommunication
facilities
(49) Theaters
(50) Veterinary clinic - small animals
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Bars, taverns, and clubs (Administrative CUP)
(4) Casino -accessory (refer to Section 27.34.040)
(5) Group home - 9 or more persons
(6) Homeless shelters
(7) HVAC/electrical/plumbing, sales/service
(8) Recreation area, outdoor
(9) Repair shops (appliance)
(10) Residential care home or facility
(11) Shooting/archery (indoor) (Administrative CUP)
(12) Small engine sales, service, and repair
(13) Utilities (primary distribution site)
B-3 — Core Area Business - 34
27.14A.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
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with CUP)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (see Section 27.22.040)
Maximum Fence Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-4 - Central Business - 35
CHAPTER 27.14B
B-4 CENTRAL BUSINESS
Sections:
27.14B.010: Intent. A business district intended 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. This zoning district would typically be found in
areas designated as commercial on the Kalispell Land Use Plan Future Land
Use Map.
27.14B.020: Permitted Uses.
(1) Athletic club
(2) Auto parking - surface
(3) Bed and breakfast
(4) Bakery
(5) Banks and financial institutions
(6) Barber and beauty services
(7) Bus station
(8) Car wash, auto detailing shop
(9) Catering establishments
(10) Church
(11) Community center
(12) Day care - home (12 or fewer)
- center (13 or more)
(13) Dwellings - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
- accessory dwelling unit
(14) Fairgrounds (public)
(15) Food bank
(16) Funeral homes and crematoriums
(17) Group home - 8 or fewer persons
(18) Home occupations (refer to Section 27.20.060)
(19) Hotel, motel
(20) Jail Facilities (public)
(21) Police and fire stations
(22) Libraries, museums, and similar cultural facilities
(23) Laundromats or dry cleaners
(24) Media (newspaper, radio, TV)
(25) Media, towers, and facilities (accessory)
(26) Microbreweries, wineries, distilleries, and tasting rooms
B-4 — Central Business - 36
(27) Office - professional/governmental
- medical with limited overnight stay
(28) Parks
(29) Pack and ship shops
(30) Photographic studio
(31) Post office
(32) Print and copy shops
(33) Recreation area, indoor
(34) Repair shops (clothing, electronics)
(35) Restaurants
(36) Retail business
(37) Schools — K-12 (public)
- post secondary (public)
- commercial
(38) Safe houses
(39) Tattoo parlors
(40) Theaters
(41) Veterinary clinic - small animals
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boat, motorcycle) sales and/or repair
(3) Auto parking - structure
(4) Auto service station
(5) Bars, taverns, and clubs (Administrative CUP)
(6) Casino -accessory (refer to Section 27.34.040)
(7) Group home - 9 or more persons
(8) Homeless shelters
(9) Residential care home or facility
(10) Utilities (primary distribution site)
27.14B.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
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
B-4 — Central Business - 37
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (see Section 27.22.040)
Maximum Fence Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-5 Industrial Business - 38
Sections:
27.15.010:
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Intent. A zoning district intended primarily to accommodate a variety of
business, warehouse, and light -industrial uses and incorporating these uses into
an integrated design for compatibility. Compatibility issues may be addressed
through development of an industrial -commercial park development or through
a planned unit development (PUD) overlay zoning district. Such uses would
typically 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 or rail services. This zoning district would typically be
found in areas designated as industrial or urban mixed use on the Kalispell Land
Use Plan Future Land Use Map.
27.15.020: Permitted Uses.
(1) Art foundry, metal sculpture, molding and casting
(2) Assembly - light
(3) Athletic club
(4) Auctions, indoor
(5) Auto parking - surface
(6) Auto (RV, boats, motorcycles) sales and/or repair
(7) Auto rental, limo, shuttle (taxi) services
(8) Auto or vehicle body shops
(9) Auto service station
(10) Bakery
(11) Banks and financial institutions
(12) Bars, taverns and clubs
(13) Barber and beauty services
(14) Bus station
(15) Car wash, auto detailing shop
(16) Catering establishments
(17) Church
(18) Contractor's storage yards
(19) Community center
(20) Fairgrounds (public)
(21) Farm machinery assembly, repair, and sales
(22) Fertilizer, bulk sales
(23) Film production studios
(24) Food bank
(25) Food processing - light
(26) Funeral homes and crematoriums
(27) Glazier
(28) Greenhouse, nursery centers and landscaping materials
B-5 Industrial Business - 39
(29) Heavy equipment, sales, and service
(30) Hotel, motel
(31) HVAC/electrical/plumbing, sales/service
(32) Jail Facilities (public)
(33) Janitor services
(34) Laboratories, tech research, development, and testing
(35) Laundromats or dry cleaners
(36) Laundries/dry cleaning plants
(37) Libraries, museums, and similar cultural facilities
(38) Lumber/building material sales (with outdoor display/storage)
(39) Manufacturing — light (no smoke, fumes, odor, dust)
(40) Media (newspaper, radio, TV)
(41) Media, towers, and facilities (accessory)
(42) Microbreweries, wineries, distilleries, and tasting rooms
(43) Monument manufacture and sale
(44) Office - professional/governmental
- medical with limited overnight stay
(45) Pack and ship shops
(46) Print and copy shops
(47) Parks
(48) Photographic studios
(49) Police and fire stations
(50) Post office
(51) Recreation area, indoor
(52) Rental service stores and yards
(53) Repair shops - appliance
- clothing/electronics
(54) Restaurants
(55) Retail business
(56) Safe houses
(57) Schools — K-12 (public)
- post secondary (public)
- commercial
(58) Shooting/archery - indoor
(59) Small engine sales, service and repair
(60) Tattoo parlors
(61) Taxidermy facilities
(62) Technology — research, design, engineering, and telecommunication
facilities
(63) Truck and trailer rental
(64) Truck terminal
(65) Theaters
(66) Veterinary clinic - small animals
- large animals
(67) Warehousing and distribution
(68) Woodworking shops, mill work
B-5 Industrial Business - 40
27.15.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Casino (refer to Section 27.34.040)
(3) Casino -accessory (refer to Section 27.34.040)
(4) Feed/seed/ processing/cleaning
(5) Fuel oil/gas/petroleum products, bulk storage/sale
(6) Grain elevators
(7) Homeless shelters
(8) Kennels, animal shelters (Administrative CUP)
(9) Mini storage/recreational vehicle storage (Administrative CUP)
(10) Pre-release centers and private jail facilities
(11) Recreation area, outdoor
(12) Recycling center
(13) Shooting/archery ranges — outdoor (archery only)
(14) Telecommunication towers, cellular communication towers (including
radio, TV, internet, phone and cable providers)
(15) Utility storage yards and associated offices
(16) Utilities (primary distribution site)
27.15.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front -4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
I-1 Light Industrial - 41
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.010: Intent. An industrial district intended to provide areas for light industrial,
research and technology. The uses would typically not create objectionable
characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which extend
beyond the lot lines. This zoning district would typically be restricted to areas
designated as industrial on the Kalispell Land Use Plan Future Land Use Map.
27.16.020: Permitted Uses.
(1) Auctions, indoor
(2) Aircraft Hangers
(3) Aircraft maintenance/repair
(4) Art foundry, metal sculpture, molding and casting
(5) Assembly - light
(6) Auto (RV, boats, motorcycles) sales and/or repair
(7) Auto parking - surface
(8) Auto or vehicle body shops
(9) Auto service station
(10) Auto rental, limo, shuttle (taxi) services
(11) Bakery
(12) Bus station
(13) Car wash, auto detailing shop
(14) Catering establishments
(15) Contractor's storage yards
(16) Fairgrounds (public)
(17) Farm machinery assembly, repair, and sales
(18) Feed/seed/processing/cleaning
(19) Fertilizer, bulk sales
(20) Film production studios
(21) Food bank
(22) Food processing - light
(23) Greenhouses, nursery centers, landscaping materials
(24) Glazier
(25) Heavy equipment sales and service
(26) HVAC/electrical/plumbing, sales/service
(27) Jail Facilities (public)
(28) Janitor services
(29) Laboratories, tech research, development, and testing
(30) Laundromats or dry cleaners
(31) Laundries/dry cleaning plants
(32) Lumber/building material sales with outdoor display/storage
(33) Manufactured home sales lot
I-1 Light Industrial - 42
(34) Manufacturing — light (no smoke, fumes, odor, dust)
(35) Media (newspaper, radio, TV)
(36) Media, towers, and facilities (accessory)
(37) Microbreweries, wineries, distilleries, and tasting rooms
(38) Monument manufacture and sales
(39) Office — professional/governmental
(40) Pack and ship shops
(41) Parks
(42) Print and copy shops
(43) Police and fire stations
(44) Recreation area, indoor
(45) Rental service stores and yards
(46) Repair shops - appliance
- clothing/electronics
(47) Recycling center
(48) Retail, limited (showrooms only)
(49) Safe houses
(50) Schools — K-12 (public)
- post secondary (public)
- commercial
(51) Shooting/archery - indoor
(52) Small engine sales, service, and repair
(53) Taxidermy facilities
(54) Technology — research, design, engineering, and telecommunication
facilities
(55) Truck and trailer rental
(56) Truck terminal
(57) Utility storage yards and associated offices
(58) Veterinary clinic - large animal
- small animal
(59) Warehousing and distribution
(60) Woodworking shops, mill work
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auction yards, livestock
(3) Auto wrecking/salvage yards
(4) Energy production
(5) Forest products and manufacturing
(6) Fuel oil/gas/petroleum products, bulk storage/sale
(7) Grain elevators
(8) Kennels, animal shelters (Administrative CUP)
(9) Marijuana cultivation (Administrative CUP)
(10) Marijuana dispensaries (Administrative CUP)
I-1 Light Industrial - 43
(11) Marijuana manufacturing (Administrative CUP)
(12) Mini storage/recreational vehicle storage (Administrative CUP)
(13) Pre-release centers and private jail facilities
(14) Recreation area, outdoor
(15) Scrap processing yard (recycle/metal yard)
(16) Shooting/archery — outdoor (archery only)
(17) Sexually oriented business
(18) Telecommunication towers and cellular communication towers
(including radio, TV, internet, phone, and cable providers)
(19) Utilities (primary distribution site)
27.16.040: Property Development Standards.
(1) Minimum Lot Area (ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 10
Rear Yard - 10
Side Corner - 20
Accessory Structures - See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 8*
Rear - 8 *
Side corner - 8*
*Option to increase side, rear and side corner fence heights by
2 feet with barbed wire
(8) Signs (refer to Chapter 27.22)
I-2 Heavy Industrial - 44
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.010: Intent. An industrial district intended 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. This zoning district would
typically be restricted to areas designated as industrial on the Kalispell Land
Use Plan Future Land Use Map.
27.17.020: Permitted Uses.
(1) Auctions, indoor
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Auto rental, limo, shuttle (taxi) services
(4) Auto or vehicle body shops
(5) Auto parking - surface
(6) Aircraft maintenance/repair
(7) Art foundry, metal sculpture, molding and casting
(8) Assembly - heavy
- light
(9) Auto service station
(10) Bakery
(11) Bus station
(12) Car wash, auto detailing shop
(13) Catering establishments
(14) Contractor's storage yards
(15) Energy production
(16) Fairgrounds (public)
(17) Farm machinery assembly, repair, and sales
(18) Feed/seed/processing/cleaning
(19) Fertilizer, bulk sales
(20) Food processing - heavy
- light
(21) Forest products and manufacturing
(22) Foundry and metal fabrication plants
(23) Glazier
(24) Heavy equipment sales/service
(25) HVAC/electrical/plumbing, sales/service
(26) Jail Facilities (public)
(27) Janitor services
(28) Laboratories, tech research, development, and testing
(29) Laundromats or dry cleaners
(30) Laundries and dry-cleaning plants
I-2 Heavy Industrial - 45
(31) Manufacturing - light (no smoke, fumes, odor, dust)
(32) Monument manufacture and sales
(33) Microbreweries, wineries, distilleries, and tasting rooms
(34) Office - professional/governmental
(35) Pack and ship shops
(36) Police and fire stations
(37) Print and copy shops
(38) Rail Industrial Park
(39) Recycling center
(40) Rental service stores and yards
(41) Repair shops - appliance
(42) Retail, limited (showrooms only)
(43) Parks
(44) Safe houses
(45) Schools — K-12 (public)
- post secondary (public)
- commercial
(46) Shooting/archery - indoor
(47) Small engine sales, service, and repair
(48) Taxidermy facilities
(49) Truck terminal
(50) Truck and trailer rental
(51) Utility storage yards and associated offices
(52) Veterinary clinic - large animals
- small animals
(53) Warehousing and distribution
(54) Woodworking shops, mill work
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Asphalt batch plants
(2) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(3) Auction yards, livestock
(4) Auto wrecking/salvage yards
(5) Extractive industries
(6) Fuel oil/gas/petroleum products, bulk storage/sale
(7) Grain elevators
(8) Kennels, animal shelters (Administrative CUP)
(9) Landfills
(10) Manufacturing - heavy
(11) Marijuana cultivation (Administrative CUP)
(12) Marijuana dispensaries (Administrative CUP)
(13) Marijuana manufacturing (Administrative CUP)
(14) Mini storage/recreational vehicle storage (Administrative CUP)
(15) Pre-release centers and private jail facilities
I-2 Heavy Industrial - 46
(16) Recreation area, outdoor
(17) Scrap processing yard (recycle/metal yard)
(18) Sexually oriented business
(19) Shooting/archery ranges - outdoor (archery only)
(20) Telecommunication towers and cellular communication towers
(including radio, TV, internet, phone, and cable providers)
(21) Utilities (primary distribution site)
27.17.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 40
Side Yard - 20
Rear Yard - 40
Side Corner - 40
Accessory Structures - See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use
Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 8*
Rear - 8*
Side Corner - 8*
*Option to increase side, rear and side corner fence heights by
2 feet with barbed wire
(8) Signs (refer to Chapter 27.22)
P-1 Public - 47
CHAPTER 27.18
P-1 PUBLIC
Sections:
27.18.010: Intent. A public district intended 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, airports, jails, utilities, etc. This zoning district would typically be found
in the public land use designation as shown on the Kalispell Land Use Plan Future Land Use
Map but can be applied to any land use designation.
27.18.020: Permitted Uses.
(1) Aircraft hangers
(2) Auto parking - surface
- structure
(3) Bus station
(4) Community center
(5) Fairgrounds (public)
(6) Food bank
(7) Jail Facilities (public)
(8) Libraries, museums, and similar cultural facilities
(9) Office — professional/governmental
(10) Parks
(11) Police and fire stations
(12) Post office
(13) Safe houses
(14) Schools — K-12 (public)
- post secondary (public)
- commercial
27.18.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Aircraft maintenance/repair
(2) Airports and heliports
(3) Assembly halls/stadiums/convention hall facilities (includes public fair grounds,
auditoriums, and racetracks)
(4) Cemeteries, mausoleums and columbariums
(5) Energy production
(6) Golf courses
(7) Homeless shelters
(8) Hospital (including treatment centers and 24-hour care facilities)
(9) Landfill
(10) Monument manufacture and sale
(11) Pre-release center and private jail facilities
P-1 Public - 48
(12) Recreation area, outdoor
(13) Schools - K-12 (private)
- post -secondary (private)
(14) Telecommunication towers and cellular communication towers (including radio,
TV, internet, phone, and cable providers)
(15) Utilities (primary distribution site)
(16) Utility storage yards and associated offices
27.18.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 5,250
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Side Corner - 10
Rear Yard - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with Conditional Use Permit)
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
Planned Unit Development District (PUD) - 49
CHAPTER 27.19
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sections:
27.19.010: Intent. A planned unit development district shall serve as an overlay zoning district.
It shall function in concert with one or more of the underlying zones to provide a
comprehensive, integrated development plan which will serve to modify the
underlying zone and, where appropriate, subdivision standards with the intent of
providing flexibility of architectural design and density as well as providing the
option to mix land uses and densities while preserving and enhancing the integrity
and environmental values of an area.
27.19.020: 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 landowner(s) or designee(s) shall schedule
a pre -application meeting with the planning department prior to official
submission of a PUD application. The PUD application shall be submitted
on a form provided by the city. Where multiple owners of the property or
properties exist, all owners shall either sign the application or submit a letter
of consent authorizing submission of the PUD application.
(2) PUD Application Thresholds: It is anticipated that PUD applications will
be submitted in one of two forms, a PUD full application meeting all the
requirements of this section and a PUD Placeholder application which
serves as a place marker for a future PUD application. Within any PUD
application it is possible to incorporate one or both of the categories listed
below:
(a) PUD Full Application — This application will be processed in
accordance with the full provision of this chapter and will require
the submission of all application materials required in Section (3)
PUD Application Materials below.
(b) PUD Placeholder Application — This submittal typically is
involved with annexation and initial zoning or a rezoning in which
the applicant requests a PUD designation noting the applicant's
intent to develop a PUD and enter into a development agreement
with the city, binding the property to a future PUD application but
not providing any application materials or development plan nor
receiving any entitlements other than a commitment between the
city and the applicant that when development is to proceed it will be
done via the PUD process.
1. Prior to the use or development of any property within the PUD
Placeholder beyond the specifically listed uses and activities
within this section, the applicant shall submit an application for
Planned Unit Development District (PUD) - 50
and proceed with the full PUD application process as outlined in
subsection 3 below.
2. Interim use in a PUD Placeholder prior to development of the
full PUD is allowed based on the criteria below:
a. All proposed uses and activities of the land and existing
structures must comply with the underlying zone.
b. An administrative conditional use permit would be required
to document and approve the interim use or activity.
c. Only the following activities are allowed:
1. Remodeling/repair/removal of existing structures or
buildings;
2. Parking of vehicles and equipment for storage as long as
the purpose is not meant for display from a public right-
of-way;
3. Fencing and lighting; and
4. Earth work, site leveling and drainage work.
d. The following new uses and activities are not allowed
without the full PUD application process:
1. Freestanding signs;
2. Additional access points onto a public road system;
3. Expansion of existing structures by more than 10%; and
4. New structures or building development beyond what is
otherwise specifically allowed under this section.
e. Interim use of the property as described above does not
relieve the owner from compliance with overall PUD
requirements at the time additional development beyond the
scope of interim development occurs.
(3) PUD Application Materials. The full PUD application submittal shall
contain the following information in the form of an overall PUD
development plan and supporting text:
(a) A listing of each deviation or class of deviation from the underlying
zoning district and a justification of the appropriateness for the
deviation;
(b) A listing of each deviation or class of deviation from the city
subdivision regulations design standards and a justification of the
appropriateness for the deviation;
Planned Unit Development District (PUD) - 51
(c) An existing topo map showing existing building and features and a
proposed topo map showing proposed topography using one -to -
five -foot intervals drawn to a scale not less than one inch equals 200
feet showing all proposed streets, lots, buildings, open space,
wetlands, floodplain, environmental hazards, storm water facilities
and other elements basic to the development;
(d) 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;
(e) Proposed plans for handling:
1. Vehicular traffic;
2. Pedestrian traffic routes & trails including safe routes to
school;
3. Sewage disposal; conceptual storm water drainage and water
supply;
4. Parks and open space;
5. Parking;
6. Prominent landscaping, buffering, site perimeter and
entrance treatment features;
7. Club houses, sales offices;
8. Retaining wall work in excess of 3 feet in height;
9. Common fencing designs and locations where proposed;
10. Commercial, directional and entrance signage;
11. Street lighting and parking lot lighting where applicable;
12. Any other pertinent site development features.
(f) 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.
Note — This may be waived by the Zoning Administrator on a case
specific situation for uses listed below which may include but are
not limited to:
1. Single family detached housing when the lots equal or
exceed the minimum lot size of the underlying zone; and
2. Two -unit townhouse or duplex development which is alley
loaded and the lots equal or exceed the minimum lot size of
the underlying zone.
(g) The PUD plan shall show the boundary lines of adjacent subdivided
or un-subdivided land and the existing zoning of the area proposed
for the PUD overlay;
(h) A timeline expressing the order in which the development shall
occur and estimated time for completing key components or phases;
Planned Unit Development District (PUD) - 52
(i) Adequate provision for a homeowner's association or other public
or private management organization to provide for the operation and
maintenance of all private (non -governmental) common facilities
including any private streets or alley ways, homeowners' parks, club
houses, sales offices, open space, trails, recreational facilities and
amenities, shared parking facilities, private lighting systems,
subdivision entrance signage and common mail receptacles;
(j) Adequate provisions shall be made for maintenance of all public
common facilities (e.g. a trail or park) which are developed on
public land, but intended to be maintained by a private organization
or homeowners association;
(k) Where a PUD also involves a subdivision of land, it shall also meet
the application requirements of the Kalispell Subdivision
Regulations and the Montana Land Use Planning Act at the time the
preliminary plat is submitted;
(1) For multi -phase projects to be developed over a long period of time
or where project components are proposed which may not be built
for many years;
1. The first phase of development must comply with the full
application process outlined above.
2. Each phase of a multi -phase PUD must be able to be free
standing.
3. Each phase of a PUD shall not exceed the density provisions
of the underlying zone as limited by the PUD. Where a phase
is proposed that complies with the overall PUD plan but the
actual density of the particular phase may exceed the average
density allowed by the underlying zone and PUD agreement,
the applicant shall either provide the necessary
corresponding open space or park facilities or suitably bond
for them for development in a latter phase.
4. Future phase or major development components may show
conceptual street designs, proposed park and open space
areas, trail concepts, proposed residential density, housing
types (single family, townhouse, apartment, etc.) and
commercial areas versus detailed lot, block, street, and park
development and building designs. Based on a finding and
associated conditions placed on the PUD at time of approval,
the applicant may be required to provide more specific
information prior to development of succeeding phases
based on one of the following processes: (Note: The
planning staff, Planning Commission or council, at their
discretion, may also request additional or more complete
Planned Unit Development District (PUD) - 53
information relative to the future phases or components prior
to recommending or granting initial PUD approval).
a. A finding that the outstanding items are significant
and therefore future phases or components should
follow the full PUD application process;
b. A finding that the outstanding items are generally
minor and therefore future phases or components
should be reviewed under the conditional use permit
process; or
C. A finding that the outstanding issues are
insignificant and therefore future phases or
components should be subject to administrative
review by the Kalispell Site Review Committee; or
d. A combination of the above provisions.
(m) Any other information plans and details which the city staff,
Planning Commission and/or City Council may request to fully
evaluate the development proposal and its impacts.
(4) Review of Application: Upon submission of the application the Planning
Commission shall review such application based on the following:
(a) The compliance of the proposed PUD with the city land use plan
and in particular the density and use policies of the plan;
(b) The extent to which the PUD departs from the underlying zoning
and the reasons why such departures are or are not deemed to be in
the public interest, and the mitigating conditions that the PUD
provides to address the deviations;
(c) The extent to which the PUD departs from the subdivision
regulations (if subdivision is anticipated) and the public works
standards for design and construction applicable to the subject
property, the reasons why such departures are deemed to be in the
public interest, and the mitigating conditions that the PUD provides
to address the deviations;
(d) The overall internal integrity of the PUD including the appropriate
use of internal design elements, the use of buffers between different
land uses, the use of transitions between uses of greater and lesser
intensity, the use of enhanced design features to provide
connectedness for both vehicle and pedestrian traffic throughout the
PUD and the use of innovative and traditional design to foster more
livable neighborhoods;
Planned Unit Development District (PUD) - 54
(e) The nature and extent of the public parks and common open space
in the PUD, the reliability of the proposal for maintenance and
conservation of these areas and the adequacy or inadequacy of the
amount and function of the parks and open space in terms of the land
use, densities and dwelling types proposed in the PUD;
(f) The manner in which the PUD plan makes adequate provision for
public services, provides adequate control over vehicular traffic and
furthers the amenities of recreation and visual enjoyment;
(g) The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert
with the underlying zone;
(h) 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 PUD; and
(i) Conformity with all applicable provisions of this chapter.
(5) Action by the Planning Commission.
(a) The Planning Commission shall hold at least one work session on a
proposed PUD plan prior to any public hearing. The work session is
intended for information purposes only to inform both the public
and the commission about the various aspects of the project. It is not
intended to be a public hearing and the commission shall take no
formal action on the application. As a courtesy, all adjoining
property owners shall be invited to at least one work session. This
invitation may be included within the formal public hearing notice,
or it may be sent separately.
(b) The Planning Commission shall hold a public hearing on the
application pursuant to Section 27.28.030. The Planning
Commission shall submit its recommendations to the City Council.
The Planning Commission may recommend approval in whole or in
part, may recommend modification and can impose conditions
which will clarify facets of the PUD, implement city standards,
regulations, or policy, or serve to mitigate potential negative
impacts, or the commission may recommend disapproval.
(6) Action by the City Council. The City Council shall consider the
recommendation of the Planning Commission and may affirm, modify, or
deny the PUD. If the PUD is approved, the applicant shall submit a final
PUD in accordance with the conditions of approval as adopted by City
Council. When the City Council approves the PUD, the area of land
involved shall be re -designated as a PUD district by ordinance which shall
incorporate the final PUD including any conditions or restrictions that may
Planned Unit Development District (PUD) - 55
be imposed by the City Council and shall constitute the zoning for the
district.
(7) Preparation and Filing of Final PUD. Upon approval of the preliminary
PUD by the City Council, the property owner(s) shall proceed with the
preparation of the final PUD plan:
(a) The final PUD plan shall incorporate all the conditions imposed by
the City Council at the time of approval of the preliminary plan;
(b) The applicant shall submit three signed copies of the PUD, final plan
and related documents to the planning department. Upon approval
by the Zoning Administrator, one signed copy of the plan shall be
returned to the applicant, a signed copy shall be retained on file in
the city clerk's office and one signed copy shall be kept on file with
the planning department;
(c) Upon receipt of the final PUD plan and related documents by the
planning department, the city attorney shall prepare a PUD
agreement between the city and the developer(s) binding the
developer, his successors, heirs and assigns to the terms and
conditions of the PUD;
(d) The final PUD shall be submitted to the planning department in a
timely fashion following approval by the City Council but in no case
shall a final plat or building permit be issued until the final PUD
plan has been submitted and approved and the PUD agreement has
been executed;
(e) Where there is a question concerning compliance with a condition
of the PUD, by either the applicant or planning staff, the issue will
be forwarded to the next available Kalispell Site Review Committee
meeting. If the issue cannot be satisfactorily resolved it shall be
forwarded to City Council; and
(f) Prior to the approval of a final plat or where a subdivision is not
involved prior to issuance of a certificate of occupancy or
commencement of a use approved by a PUD, when specific aspects
of the PUD are not yet completed that are pertinent to the phase or
use, the City Council shall require bonding or any other appropriate
collateral to ensure that all required public improvements or
conditions of approval specifically required to be in place prior to
final plat, occupancy or commencement of use as appropriate shall
be satisfactorily completed in accordance to the approved plans,
specifications and time schedule.
(8) Limitation on Rezoning. The Planning Commission shall not initiate any
amendment to the PUD before the completion of the development as long
as development is in conformity with the approved detailed PUD and
Planned Unit Development District (PUD) - 56
proceeding in accordance with the time requirements imposed therein by
the completion schedule.
(9) Amending an Approved Final PUD.
(a) Once approved, a PUD may be amended by the developer(s).
Proposed amendments shall be submitted to the Kalispell Site
Review Committee. The committee shall make one of the following
findings:
1. The change(s) is deemed minor in scope and may be granted
or denied with or without conditions by the Kalispell Site
Review Committee; or
2. The change(s) is deemed major, in which case the
amendment(s) is forwarded to the City Council for
consideration and final action.
Note: Any action of the Kalispell Site Review Committee is
appealable to the City Council.
(b) Individual property owners within the PUD may bring forth
amendments, which shall be processed as an amendment to the
official zoning map in accordance with Chapter 27.29.
(10) Abandonment or Expiration.
The Zoning Administrator shall monitor the PUD 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. The following procedures are to be following
when the PUD fails to comply with the completion schedule:
(a) PUD's or portions thereof which do not involve or require a
subdivision:
1. If a PUD project falls out of compliance with its approved
completion schedule, notice of noncompliance with the
completion schedule shall be delivered in writing to the
landowner and/or developer;
2. No later than 30 days after the notice of noncompliance is
delivered the landowner and/or developer may request from
the City Council an extension of time. Said request shall set
forth a proposed completion schedule and/or new timetable
for installation of the improvements. The City Council may
grant one or more extension(s) but each extension is a matter
of grace which, if approved, may be subject to additional
conditions imposed by the City Council which may be
Planned Unit Development District (PUD) - 57
deemed necessary to address issues that have arisen due to
the lapse in time;
3. Abandonment shall be deemed by the City Council to have
occurred when the landowner/developer is deemed to be out
of compliance with the approved completion schedule and
has failed to secure an extension as provided for in (2) above;
4. Upon the abandonment of a development authorized under
this section the City Council shall direct the Zoning
Administrator to do the following;
a. If a portion of the PUD site was developed in
accordance with the PUD, the PUD shall stay in force
for that portion already developed; and
b. For that portion of the PUD which was not developed
under the terms of the PUD, the provisions of the
PUD shall lapse, and the site shall revert back to a
PUD Placeholder designation as provided for in
Section 27.19.020(2)(b).
(b) PUD's which are implemented by or subject to a subdivision
application the developer has the option to request the PUD approval
coincide with the preliminary plat approval and any phasing thereof
or the PUD approval may exceed the time frame approvals of the
underlying preliminary plat. In this case the developer shall provide
reasons the PUD approval should extend beyond any preliminary
plat approvals for the Planning Commission and City Council to
consider:
1. If the PUD approval coincides with the underlying
preliminary plat and the preliminary plat lapses, the PUD
conditions of approval for that area shall lapse.
a. In such case the city shall notify the property owner
of the lapse of the preliminary plat and associated
PUD conditions of approval;
b. The Zoning Administrator shall modify the PUD
designation on the official zoning maintaining the
underlying zoning classification but classifying the
property as a PUD Placeholder as provided for in
Section 27.19.020(2)(b).
2. If the PUD approval extends beyond the underlying
preliminary plat approval, the developer shall request
extensions of the PUD on a yearly basis after expiration of
the underlying preliminary plat.
Planned Unit Development District (PUD) - 58
At least 30 days prior to the expiration of the PUD
approval the landowner and/or developer may
request from the City Council an additional one-year
extension. Said request shall set forth a revised
completion schedule and/or new timetable for
installation of the improvements and completion of
the project. The City Council may grant one or more
extensions, but each extension is a matter of grace
which, if approved, may be subject to additional
conditions imposed by the City Council which may
be deemed necessary to address issues that have
arisen due to the lapse in time;
b. If the PUD project fails to secure an extension or falls
out of compliance with its approved completion
schedule provided for in 2.a. above, the project will
be considered abandoned.
Upon the abandonment of a development authorized
under this section, the City Council shall direct the
Zoning Administrator to do the following:
If a portion of the PUD site was developed in
accordance with the PUD, the PUD shall stay
in force for that portion already developed;
It For that portion of the PUD which was not
developed under the terms of the PUD, the
provisions of the PUD shall lapse, and the site
shall revert back to a PUD Placeholder
designation as provided for in
27.19.020(2)(b).
27.19.030: Standards for Planned Unit Development District (PUD).
(1) General Standards.
(a) Developable area of a PUD shall be defined as all land that could
potentially be available for development including land in existing
or potential lots, streets, open space, and parks. Undevelopable
area is defined as land within un-buildable areas including land in a
100-year floodplain, BPA power line easements, federally
designated wetlands, and slopes in excess of 30% unless satisfactory
geotechnical information is submitted by a licensed engineer.
(b) Both the permitted and conditionally permitted uses of the
underlying zone shall be deemed to be eligible for inclusion as
permitted uses in a PUD however not all such uses may be deemed
Planned Unit Development District (PUD) - 59
appropriate within the overall design of a particular PUD and may
be limited or modified by the PUD plan.
(2) Establishment of PUD Districts.
(a) Residential PUD District.
1. Minimum size is two acres including both developable and
undevelopable area. For PUD's less than 2 acres in size, a
PUD application may be submitted; however, such site will
not be eligible for a density bonus as provided for in table 1
below.
2. A residential PUD district may be established in areas zoned
R-1 through R-5, RA-1, RA-2 and the H-1.
3. Housing types within a residential PUD may include single
family, duplex and multi -family housing arranged in
attached, detached, townhouse, apartment or condominium
configurations.
4. Residential dwelling unit density: Within a proposed
residential PUD district residential densities are set forth
below:
Table 1
PUD Densitv Allocation
Underlying Residential
District
Max 9 Dwelling
Units/Developable
Acre
R-1 and R-2 Districts
7 dwelling units
R-3, R-4 and R-5
Districts
12dwelling units
RA-1 and H-1 Districts
20 dwelling units
RA-2 District
40 dwelling units
a. Table 1 provides for the maximum 9 of dwelling
units per developable acre. Developable acres are
based on land in developable area and exclude
undevelopable land as defined in 27.19.030(1)(a)
above;
Planned Unit Development District (PUD) - 60
b. PUDs are not entitled automatically to the maximum
density allowed in Table 1 above. Density shall be
established based upon:
I. An analysis of the environmental factors
affecting the land;
It Compatibility with surrounding land uses and
impact on adjacent neighborhood;
III. Availability of public infrastructure and
services; and
IV. Consistency with the Kalispell Land Use
Plan.
C. Residential density bonuses: The maximum PUD
residential density provided for in Table 1 may be
increased in the following situations:
I. Up to a 20% increase in residential units for
projects which exceed the minimum park and
open space requirements as follows:
i. A 5% increase in density for each
10% increase over and above the
minimum required developed park
lands.
ii. A 5% increase in density for each
10% increase of open space over and
above the minimum park land
requirement.
iii. Up to a 20% bonus density (at a rate
of two additional housing units for
each affordable unit created) for
projects which advance long term
work force housing opportunities
(rental or owner -occupied housing
available to people earning up to 80%
of median income). For lots/units to
be eligible they must be associated
with such organizations as Habitat
For Humanity, a local housing
authority, a single or multi -county
housing assistance organization or an
incorporated land trust.
Planned Unit Development District (PUD) - 61
5. Commercial uses and their associated parking may be
allowed in a residential PUD district, provided:
a. Lots devoted to commercial uses and their associated
parking shall not occupy more than 10% of the
developable land area of the PUD district;
b. Commercial uses shall be so located, designed, and
operated as to serve primarily the needs of persons
within the district and secondarily persons residing
elsewhere; and
C. The acreage proposed for commercial use and its
parking shall be excluded from the gross acreage
when computing total allowable dwelling units.
6. Residential park/open space requirements:
a. The minimum park land required is based on a ratio
of .03 acres per residential unit. Residential units are
defined as both owner and renter occupied units and
includes single family and multi -family attached and
detached construction but specifically excludes
licensed retirement, assisted living or nursing home
units.
b. Lands considered undevelopable as provided for in
27.19.030 (1)(a) shall not be considered as meeting
the minimum park land and open space
requirements.
C. The applicant shall submit a plan for development of
each of the park areas. The approved plans shall be
fully implemented by the applicant.
d. In addition to developed park lands, the PUD shall
incorporate open space features, where and when
appropriate to enhance the overall development, to
serve as a necessary noise or visual barrier or to
protect sensitive areas such as stream setbacks,
floodplains, areas of steep slopes or other fragile
areas.
e. The first 20 feet of width of a required pedestrian trail
system (trail and associated easement) shall be
considered a transportation facility and shall not be
counted towards any open space of park land
requirement.
Planned Unit Development District (PUD) - 62
(2) Commercial PUD District.
(a) Minimum size is two acres of developable area.
(b) A commercial PUD district may be established in areas zoned B-1
through B-5, P-1 and H-1.
(3) Industrial PUD District.
(a) Minimum size is two acres of developable area.
(b) An industrial PUD district may be established in areas zoned I-1, I-
2, P-1 and B-5.
(4) Residential Mixed Use PUD.
(a) The minimum size is 5 acres of developable area.
(b) A residential mixed -use PUD may be established in areas zoned R-
1 through R-5, RA-1, RA-2, B-1, P-1 and H-1.
(c) The predominant land use character of the PUD must be residential;
commercial uses should primarily be sized and located to address
the needs of the immediate neighborhood.
(d) The residential uses and densities appropriate to a mixed -use PUD
are the same as those permitted in a residential PUD.
(e) Commercial uses appropriate to a mixed -use PUD are the same as
those permitted in a commercial PUD.
(f) Incompatible industrial and commercial uses are not permitted.
(g) The combined area of all commercial/industrial lots cannot exceed
35% of the developable area.
(5) Non -Residential Mixed -Use PUD.
(a) Minimum size is two acres of developable area.
(b) A non-residential mixed -use PUD may be established in any zoning
district which would allow a commercial or industrial PUD.
(c) Uses allowed under either a commercial or industrial PUD are
allowed.
Supplementary Regulations - 63
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
Sections:
27.20.010
Intent
27.20.020
Accessory Uses
27.20.025
Airport Affected Area
27.20.027
Cellular Service Antennae Location
27.20.029
Entrance Corridor Standards
27.20.030
Exceptions to Height Regulations
27.20.040
Fences, Walls, and Hedges
27.20.050
Greenbelts
27.20.060
Home Occupations
27.20.070
Lots in Two Zones
27.20.080
Principal Structures
27.20.082
Accessory Dwelling Units
27.20.085
Recreational Vehicles In Conjunction With Residential Uses
27.20.090
Safe Houses and Domestic Violence Shelters
27.20.095
Short Term Residential Rental Standards
27.20.100
Side Corner Setback Reduction
27.20.110
Single Family and Duplex Dwellings — Design Standards
27.20.120
Site Plan Review
27.20.125
Skybridge Setback Exception
27.20.130
Special Events
27.20.140
Structures To Have Access
27.20.150
Sublots
27.20.155
Tiny Houses
27.20.160
Visibility at Intersections
27.20.010: 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.
27.20.020: Accessory Uses. In addition to any permitted or conditionally permitted
principal uses, accessory uses, and structures are permitted as set forth in this
section.
(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;
and
Supplementary Regulations - 64
(d) Contribute to the comfort, convenience, or necessity of users of such
principle use.
(2) Standards for accessory uses and structures. The following is a list of
restrictions on accessory uses and structures:
(a) Setbacks.
Front
Side
Rear
Side Corner
Accessory
See setback
5 ft
5 ft
See setback for
Structures (larger
for principal
principal
than 400 square
structure
structure
feet) in all zones
except B-4
Accessory
See setback
5ft (N/A if
N/A
See setback for
Structures (400
for principal
to the rear of
principal
square feet or less)
structure
the principal
structure
in all zones except
structure)
B-4
B-4
N/A
N/A
N/A
N/A
When a garage or carport is entered from an alley, it shall not be
located closer than ten feet from the alley right-of-way line. When a
garage or carport is entered from any other public or private right-
of-way, it shall not be located closer than twenty feet from the right-
of-way line unless a greater setback is provided for under the
particular zoning district development standards.
(b) In R and RA zones, accessory structures shall not exceed 18 feet in
height and are limited to single story construction. Accessory
structures in other zones shall not exceed the maximum height for
principal structures as provided under the particular zoning district
development standards.
(c) 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.
(d) Accessory structures shall be limited to no more than 1000 square
feet in size.
27.20.025: Airport Affected Area.
The Kalispell City Airport Affected Area Ordinance, as it presently is written and
as it may be amended in the future, is hereby incorporated by reference into the
Kalispell Zoning Ordinance.
Supplementary Regulations - 65
27.20.027 Cellular Service Antennae Location
Cellular service antennae may locate on any existing or proposed structure that is
otherwise allowable pursuant to the regulations applicable to that district, provided
that the antennae does not extend above or beyond the envelope of the structure
without taking steps to visually camouflage its presence, such as within belfries,
chimneys, elevator housings, or similar architectural features that would
customarily be a part of the structure and tend to add to the architectural character
of the structure.
27.20.29 Entrance Corridor Standards. The purpose of this section is to implement
development standards applicable to gateway entrances to the community. The
entrances to the City of Kalispell are an important gateway to the community, and
as such should be developed in such a way that they create an inviting and positive
first impression of the community. The standards contained herein are intended to
protect the health, safety, and welfare of the traveling public by preventing or
reducing traffic congestion and distracting visual clutter associated with
developments along major thoroughfares into and out of the city. The standards
achieve the stated purpose by addressing the following physical characteristics of
development: setbacks, landscaping, pedestrian access, bike access, architectural
design, outdoor storage, and access control.
(1) Definitions. As used in this section, the following definitions apply:
(a) Buffer area: An area of land, including landscaping and earth berms of
a particular property adjoining a designated principal arterial right-of-
way.
(b) Monument sign: A two-sided freestanding sign attached to a
permanent foundation or decorative base constructed of permanent
material, such as concrete block or brick and not attached or dependent
on support from any building, pole, posts, or similar uprights.
(2) Gateway Entrance. Gateway entrances are established along principal arterials
entering and exiting Kalispell. Principal arterials are at the highest level of the
transportation hierarchy and provide the highest capacity for vehicular traffic
volumes. Principal arterials provide for major traffic movements through the
city at the highest efficiency possible, with right-of-way typically yielded by
roadways of lower hierarchy. Principal arterials promote connectivity to other
arterials, serve the longest trips, and carry the major portion of trips entering
and leaving the overall area. Principal arterials provide the highest level of
access control, making access to abutting land subordinate to the provision for
vehicular travel. Speeds can vary between 25 and 65 miles per hour and traffic
volumes carry between 10,000 and 35,000 vehicles per day.
(3) Buffer Setbacks Established. The buffer requirement for each gateway
entrance corresponds with the posted speed limit on that section of the principal
arterial and the typical adjacent building pattern. Thus, properties adjacent
principal arterials with a posted speed limit of 65 miles per hour have larger
Supplementary Regulations - 66
buffers than those properties adjacent principle arterial with speed limits of 25
miles per hour. Other considerations include the existing built environment
along the principal arterial, which makes the feasibility of large buffer
requirements infeasible in some situations. Roadway corridors to be identified
as gateway entrances to Kalispell and the required buffer area for each are as
follows:
• U.S. 93 North between Reserve Drive and annexation boundary — 100-
foot buffer
• U.S. 93 North between Four Mile Drive and Reserve Drive — 20-foot
buffer
• U.S. 93 South between 13th Street and bypass — 20-foot buffer
• U.S. 93 South between the bypass and annexation boundary — 40-foot
buffer
• U.S. 2 East between Woodland Drive and annexation boundary — 20-
foot buffer
• U.S. 2 West between bypass and annexation boundary — 40-foot buffer
If any portion of a property is abutting an above -mentioned principal arterial
roadway, the entire property's right-of-way frontage is subject to this chapter.
Specific exemptions are listed for development in place at the time of adoption
of these regulations.
(4) Buffer Area
(a) The buffer area shall include the length of the property boundary
adjacent to the applicable right-of-way with the minimum depth.
(b) The buffer area shall not encompass more than 10% of the gross area
of any parcel as platted at the time of adoption of these regulations.
(c) The following shall be permitted within the buffer area:
1) Landscaping
2) Storm water management facilities, which are aesthetically
integrated into the landscape plan. Fencing of storm water
facilities is prohibited.
3) Access points
4) Frontage roads intended to limit the number of access
approaches onto the highway.
5) Underground utilities
6) Pedestrian and bike trails (amenities such as bike racks,
benches, and pedestrian lighting)
7) Monument Signs in accordance with Chapter 27.22 of the
Kalispell Zoning Ordinance.
8) Flag poles
Supplementary Regulations - 67
(d) Where there is existing development in place at the time of adoption
of these regulations, the following buffer area exceptions are
permitted:
1) Where a lot is previously developed and a principal building
encroaches into the required buffer, the existing setback of the
principal building will be used as the building line for additions
to the principal structure.
2) Where strict adherence to these regulations results in the loss of
required parking spaces and/or required driving aisles, the buffer
area can be reduced in an effort to maintain the required parking
spaces and/or driving aisle when it has been shown that
alternative site design is not feasible. Where feasible, the site
design shall maintain as much of the required buffer as possible.
3) In the event that an existing right-of-way is widened, and such
widening necessitates the removal or relocation of any building
or use and the owner wishes to rebuild on the same tract:
i) The owner may abide by the previously existing
setback distance (the distance between the building
prior to right -of way acquisition and the previous
right-of-way line) as the minimum setback for the
new building if reconstruction is started within 180
days. If this timeframe is not met, any new structure
on the tract of land shall conform with all sections of
this code.
(5) Landscaping and Pedestrian Connectivity.
(a) A landscape and irrigation plan shall be submitted for the adjacent
right-of-way and buffer area. The Parks and Recreation Director
shall approve the irrigation and landscape plan for the right-of-way
and buffer area prior to development. Landscape designs shall
include primarily live landscaping including undulating topography
and have a mix of tree plantings with a ground cover of
predominately sod. The choice of species and type of trees shall
achieve unity of design by repetition of plant varieties and other
materials and by correlating with adjacent developments and with
the streetscape plantings where provided.
(b) The use of any form of bark, mulch, rock, etc. shall not be used as a
primary method of landscaping. These materials may be used to
augment live landscape features upon approval by the Parks and
Recreation Director. If rock is to be used it must be 1 inch or less
fractured.
Supplementary Regulations - 68
(c) When an existing developed landscape buffer is reduced or
eliminated due to public acquisition of road right-of-way, that
portion of the landscape buffer acquired is not required to be
replaced or reestablished.
(d) For lots with existing development, landscaping within the required
buffer area shall be required when there is a change of use, or when
there are property improvements equal to or greater than 20% of the
replacement value of the building at time of building permit. The
replacement value shall be determined by a detailed cost estimate,
including site improvements, submitted by the property owner and
further verified by the building official. Where improvements to a
property are completed in phases, the value of the improvements
shall be determined cumulatively at time of each building permit. At
such time, the cumulative improvements to the property are equal to
or greater than 20% of the replacement value of the building at time
of building permit, the buffer is required.
(e) Property owners shall keep the landscaping within the buffer area in
a healthy and attractive manner. Dead or dying landscaping shall be
replaced with like or similar type of landscaping. Any deviation
from the approved landscape plan shall be approved by the Parks
and Recreation Director prior to installation.
(f) A minimum 8-foot-wide concrete sidewalk shall be constructed
along the entire principal arterial frontage, where no sidewalk exists
meeting this standard. The sidewalk shall be integrally designed into
the landscape plan required between the curb line of the principal
arterial and the required buffer.
(g) A minimum 5-foot walk sidewalk shall be installed between the
entrance of the building and the sidewalk located within the buffer.
(6) Access.
(a) Where access can be achieved via an adjacent or internal street or
easement, the lot shall take its access from that location instead of direct
access onto the highway.
(b) Where no adjacent street network is available, site design of individual
lots shall provide for shared access with neighboring parcels.
(7) Outdoor Storage.
(a) Outside storage of used motorized parts and/or partially or completely
dismantled motorized vehicles and/or marine vessels and shipping
containers shall be enclosed by a view -obscuring fence adequate to
screen them from the principal arterial and any adjacent city
residentially zoned land.
Supplementary Regulations - 69
(b) The view -obscuring fence shall be reviewed by the Architectural
Review Committee prior to installation.
27.20.030: Exceptions to Height Regulations.
(1) 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, telecommunication
towers and cellular communication towers and facilities, unless otherwise
prohibited by regulations related to the airport affected area referenced
under Section 27.20.025 of this ordinance or by Federal Aviation
Regulations, part 77.
(2) The height of any structure may be limited pursuant to requirements related
to a conditional use permit. The limitation may be less than otherwise
allowed under this ordinance.
(3) Additional height may be allowed under a conditional use permit in those
zones where additional height is provided for under the development
standards.
(4) Masts for flagpoles and antennas accessory to an allowed use shall not
exceed the height limits of the zoning district, except that an amateur radio
antenna may be a maximum of 100 feet in height or any height if issued to
accommodate amateur radio service communications by a person who holds
an unrevoked and unexpired official amateur radio station license and
operator's license, "technician" or higher class, issued by the Federal
Communications Commission of the United States.
(5) Masts for flagpoles 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.
27.20.040: Fences, Walls, Hedges.
(1) Except as otherwise provided by this ordinance, no fence, hedge, or free-
standing wall shall exceed 48 inches in height anywhere within or bounding
the front yard or 78 inches within the rear, side corner, or side yards when
placed within the required yard setback areas. Fences, hedges, and walls
shall not interfere with clear vision triangles. 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,
day cares, 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
Supplementary Regulations - 70
Administrator after giving consideration to the character of the
neighborhood, available options on -site, and purpose of the fence.
(3) Security fences are allowed on side and rear yards up to 8 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 (up to a total of
2 feet). Barbed wire is not permitted within the front or side corner setback
area.
(4) Except 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.
27.20.050: Greenbelts.
(1) All sites in a "B" or "I" 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 be subject to
approval by the parks department. Any vegetation shall be a minimum of 3
feet in height at planting and 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. Fences and hedges utilized as greenbelts are subject to the height
limitations for the district in which they are located.
(2) Fences or greenbelts erected as a requirement of this section shall be
maintained in a neat and orderly manner, and any vegetation shall be healthy
and attractive.
27.20.060: Home Occupations. Home occupations are allowed in conjunction with any
residential use that is a primary residence for the occupant(s) provided that:
(1) The home occupation is clearly incidental and secondary to the use of the
property as a residence.
(2) 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.
(3) 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
Supplementary Regulations - 71
other use which creates traffic uncharacteristic of a residential area or
requires outdoor storage of materials.
(4) 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.
(5) 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 part for any use
other than that of a dwelling or accessory building for purely residential
purposes.
(6) There shall be no employees other than those residing on the premises.
(7) There shall be no pedestrian or vehicular traffic in excess of that which is
characteristic of a typical neighborhood of its type and shall not exceed
more than one at a time or eight all day.
(8) A wall sign flush mounted to the building not to exceed six square feet may
be allowed in association with a home occupation.
27.20.070: Lots in Two Zones. District boundaries shall, except for unique conditions or
circumstances, take into consideration property boundaries as platted and every
effort shall be made to not divide a platted lot, parcel, or tract of land into two (2)
or more use districts. If, however, a property is divided into two (2) use districts,
the property may be utilized in conformance with one zoning district or the other
as long as the use is confined to that portion of the property for which it is zoned.
The remainder of the lot lying within the other zoning classification will remain
open. This is not meant to preclude the possibility of the owner applying for a zone
map amendment or subdivision of the lot to address the situation.
27.20.080: Principal Structures. In any "B", "P", or "I" district, more than one structure
housing a permitted and customary principal 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, except as provided in Section 27.20.082. Multiple structures proposed
in an "RA" or "H" district shall be subject to approval as a conditional use, except
as provided in Section 27.20.082.
27.20.082: Accessory Dwelling Units.
(1) In any zone where a single-family dwelling is a permitted use, a second
dwelling unit is allowed as a permitted use. The second unit may either be part
of a duplex or a separate accessory dwelling unit.
(2) An accessory dwelling unit is subject to the following conditions:
Supplementary Regulations - 72
(a) The maximum height is limited to a single story with a height of no more
than 18 feet unless the setbacks for a principal structure are met, in which
case the maximum building height for the district would apply.
(b) The gross floor area of living space within the accessory dwelling unit shall
be limited to no more than 1000 square feet.
(c) Rental periods of less than 30 days are not permitted for the accessory
dwelling unit.
(d) An accessory dwelling unit shall not contain more than one dwelling unit.
(3) For any accessory dwelling unit under this section:
(a) An accessory dwelling unit shall meet the setbacks required for a principal
structure unless an existing conforming or non -conforming accessory structure
is converted into the accessory dwelling unit. In that event, the existing
setbacks may be maintained. Any enlargement or alteration of the structure
shall be governed by Section 27.23.020(2) relating to changes to non-
conforming structures.
(b) The limitation on repairs and maintenance for non -conforming structures
contained in Section 27.23.020(3) shall not apply to a conversion of an existing
accessory structure to an accessory dwelling unit.
27.20.085 Recreational Vehicles In Conjunction With Residential Uses.
On any property used for residential purposes, temporary use of a recreational
vehicle for housing occupants of the principal structure or their guests is allowed
provided that the use is free of charge and limited to a period of one week or less
per month.
27.20.090: Safe Houses. Safe houses are not subject to public review because of the need for
anonymity to protect the victims of domestic violence and abuse from their abusers.
However, they will be required to be reviewed and approved by the Kalispell Site
Development Review Committee for compliance with applicable health, safety,
and zoning regulations prior to occupancy. Periodic inspections shall be conducted
to insure compliance with fire and life safety codes. Any inquiries or issues
associated with the review process shall be kept strictly confidential to the extent
allowed by law in order to protect the integrity, intent and operation of the safe
house. Information acquired as part of the review process will be kept confidential.
Should issues arise within the neighborhood regarding the operation of the safe
house the City of Kalispell shall make every reasonable effort to amicably resolve
potential conflicts.
27.20.093: Setback Encroachment for Eaves. In R-1, R-2, R-3, R-4, and R-5 zones,
eaves on a structure are allowed to encroach up to two (2) feet into a required
setback area.
Supplementary Regulations - 73
27.20.095: Short Term Residential Rental Standards. A residential dwelling unit,
whether in a residential or commercial zone, may be rented for a period shorter
than thirty days provided that the following performance standards are met:
(1) The property owner shall first obtain an administrative
conditional use permit from the Planning Department (See
Chapter 27.33).
(2) The number of units rented shall not exceed the allowable
density for the zoning district where the property is located.
(3) No more than a total of two (2) percent of the residences in
all of the "R" and "RA" zones within the City of Kalispell
may be used as a short-term residential rental. This limitation
shall not apply to any other zones where short term rentals
are otherwise permitted.
(4) The administrative conditional use permit review shall include:
(a) Proof of an inspection by the Building Department
showing that all life safety requirements are met,
including, but not limited to, smoke and carbon
monoxide detectors, egress windows out of sleeping
areas, handrails, hot water temperature, exposed
electrical wiring, and ground faults within six feet of
sinks/tubs;
(b) Proof of a State of Montana public accommodation
license for a tourist home, which is administered by the
Flathead City -County Health Department and is
subject to annual inspections;
(c) Affirmation of the property owner that correctly states
that the residential dwelling unit to be utilized as a
short-term rental is not subject to any covenants,
conditions or restrictions of record that forbid such use
of the property;
(d) Verification that the property is appropriately
registered and meets requirements for state bed tax
purposes;
(e) The property owner shall provide their name and phone
number or of a local contact person that shall be
responsible for handling any issues that arise with the
Supplementary Regulations - 74
property. The contact shall be available to address any
issues 24 hours a day and seven days a week. The
contact information shall be included in the notice sent
to property owners within 150 feet as provided for in
the administrative conditional use permit process; and
(f) Each short4anrental shall have access to the minimum
required parking for a residential unit in the zoning
district (no non -conforming status).
(5) There shall be no signage indicating the short-term rental of the
property.
(6) Prior to April 1 each calendar year, a property owner that
wishes to continue to provide short term residential rentals
shall submit for an annual renewal of the administrative
conditional use permit, including payment of a fee equal to
the administrative conditional use permit fee then in
effect. The renewal shall include verification of all of the
information listed under Section 27.20.095(4). Any
updated contact information shall be provided to property
owners within 150 feet.
(7) Violations of the terms of the administrative conditional
use permit or the provisions of this section may subject the
property owner to an enforcement pursuant to the terms of
this ordinance. Noise and similar issues may be enforced
through the Police Department.
Supplementary Regulations - 75
27.20.100: Side Corner Setback Reduction. Notwithstanding any side corner setback otherwise
required under this ordinance, if the distance between the side setback and side corner
setback (i.e. the buildable width) 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 feet from
the side corner property line, whichever generates a lesser encroachment. (See Figure 1).
Figure 1: Side Corner Setback Exception
SIDE CORNER SETBACK SIDE CORNER SETBACK EXCEPTION
alley
w
alley
roperty
line
—a�
LU
-
E
m
W
Lu
�
—property
81
line
Side corner setback
wmay
be reduced to
k
either 10' or to a
point 35' from the
'standard
3r�
side setback line,
side corner
— —
whichever generates
Inc
setback line
front I
the lesser reduction
-_5�-
STREET
STREET
27.20.110: Single Family and Duplex Dwellings — Design Standards. 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 and duplexes. All single-family
dwellings and duplexes shall comply with the following standards:
(1) As used in this section, a "manufactured home" means a dwelling for a single
household, built offsite in a factory that is in compliance with the applicable
prevailing standards of the United States Department of Housing and Urban
Development at the time of its production. A manufactured home does not include
a mobile home or housetrailer as defined in Section 15-1-101, M.C.A.
(2) As used in this section, "factory -built housing" means a factory assembled structure
intended for residential use that (a) is equipped with the necessary service
connections but not made to be readily movable as a unit or units; (b) is designed to
be used with a permanent foundation; and (c) is not certified by the United States
Department of Housing and Urban Development but meets in the inspection
requirements of Title 50, Chapter 60, Part 4 of the Montana Code Annotated.
(3) All single-family dwellings and duplexes must be site built, factory -built housing or
manufactured homes and must be placed on a permanent foundation that meets
applicable building code requirements with any tow bars, wheels and axles removed
at time of installation.
Supplementary Regulations - 76
(4) Single-family and duplex dwellings may be moved as follows:
(a) To a different location on the same parcel;
(b) From one lot in the city to a different lot; or
(c) From outside the city to a lot inside the city.
27.20.120: 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.
(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 pre -application 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 planning and
building department for review to show compliance with the Kalispell Zoning
Ordinance. The department is authorized to require any revisions and/or
attach any conditions necessary to ensure compliance.
(b) A site plan/application is required to have the following information:
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;
All lot lines, easements, rights -of -way, and distances to both the wall
line and the eave line of all existing and proposed structures, drawn
to a reasonable and accurate scale; and
Supplementary Regulations - 77
4. Location of all buildings, parking areas, driveways (including paving
details), fences and other improvements.
(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) Site Plan Information. In addition to a completed building permit application
form, three sets of working drawings and five sets of site plans shall be
submitted incorporating the following information:
1. Boundary line of property with dimensions and a north arrow
indicator;
2. Topography contours at a minimum interval of two feet or as
determined by the public works director;
Adjacent streets and street rights -of -way to a distance of 150 feet,
including existing and proposed improvements such as curb, gutter,
sidewalks, bike paths, and landscape boulevard treatments/plantings;
4. Utilities and utility rights -of -way or easements;
All existing and proposed structures, including distances to both the
wall line and the eave line of all structures;
6. Parking facilities, including bicycle racks, landscaping, drainage,
lighting, handicap -accessible parking, typical dimensions (including
labeling angles for angled parking), traffic flow on -site, ingress and
egress points, driveways, and paving details;
7. Water bodies, floodplain, and wetlands;
Grading and drainage plans;
9. Location of fire hydrants and designated fire lanes/turnarounds;
10. Sidewalks, walkways, driveways, loading areas and docks, and bike
paths;
11. Provision for handicapped accessibility, including but not limited to
wheelchair ramps, parking spaces, handrails, and curb cuts;
12. Fences and walls;
13. Exterior signs;
Supplementary Regulations - 78
14. Exterior refuse collection areas;
15. Outdoor lighting plan (see Outdoor Lighting provisions,
Chapter 27.26);
16. Landscaping (detail plans showing plantings, equipment, and other
appropriate information):
a. Size of plantings, time of planting and size at maturity, and
b. Areas to be irrigated.
17. Site plan review fee as established by the City Council.
(b) Criteria for Design Review. The following criteria shall be utilized by the
Site Development Review Committee, when required, in reviewing site plans
to ensure that the purpose and intent of the zoning ordinance, city tree
ordinance, and all other applicable city ordinances are met:
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 (a) the development, use, enjoyment, or value of
other property in the vicinity; (b) the orderly development of the
neighborhood; or (c) the area as a whole.
Project Development.
a. 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;
b. The proposed development or physical improvement is in
character with the design qualities of other developments in
the area; and
C. Utilities are placed underground.
4. Curbs, gutters, sidewalks, and boulevard landscaping in adjacent
rights -of -way shall be developed or upgraded to current public works
design and construction standards. Travel surfaces may, where
Supplementary Regulations - 79
appropriate, be required to be repaired or upgraded. Boulevard
landscaping shall include grass and tree species approved by the parks
department. Boulevard landscaping shall not include rocks, gravel, or
similar non -vegetative treatments.
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.
(c) 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 head of each department
in the city or his/her designee and any other staff member so designated by
the city manager.
(d) Power to Amend Plans. When approving an application for a site design and
use, the Site Development 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. Any condition of approval
must substantially advance a legitimate public interest and the cost of the
condition must be roughly proportional to the public interest served.
1. Require such modifications in the landscaping plan as will insure
proper screening, aesthetic appearance, and use of appropriate
material within the right-of-way.
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 the modification or revision of the design or remodeling of
structures, signs, accessory buildings, etc. to be consistent with all city
codes, ordinances, policies and guidelines.
5. Require on -site fire protection during the construction phase of a
proj ect.
6. Require placing all utilities underground.
Supplementary Regulations - 80
7. 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 as per the City's standards for design and
construction.
Require on -site pedestrian access and connectivity to adjacent
facilities, separate pedestrian access ways, and sidewalks/bike paths.
(e) Permit Issuance for Major Site Plans. The Site Development 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.
(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.
(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.
(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.
(e) 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.
27.20.125: Skybridge Setback Exception. Notwithstanding any setback specified in this ordinance, a
pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends
over a public or private right-of-way may encroach into the front or side corner setback area
provided that all other applicable zoning and other code requirements are satisfied.
Supplementary Regulations - 81
27.20.130: Special Events. Special events such as car shows, boat shows, RV shows, carnivals,
concerts and similar outdoor activities are permitted in the "B", "I", and "P" zones provided
they do not exceed seven days in a one -month period.
27.20.140: 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.
27.20.150: Sublots. Sublots may be created in any zoning district. Sublots are subject to any applicable
subdivision regulations and, if required, a conditional use permit.
Figure 2: Sublots
SUBLOTS
ATTACHED UNITS DETACHED UNITS
REQUIRED NOT ALLOWED
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(1) Site Requirements.
(a) The allowable number of sublots shall be determined by dividing the gross
area of the parent lot by the density limits of the applicable zoning district. In
the event that the design utilizes common ownership of common areas, the
area of the lot(s) plus the common area shall be divided by the density limits
of the applicable zoning district to determine the allowable number of sublots.
(b) In no case, however, shall a sublot located in an "R" or "RA" zone have more
than one dwelling unit thereon.
(2) Building Limitations.
Supplementary Regulations - 82
(a) The yard, height, and area requirements of the district shall apply to the entire
area of the parent lot.
(b) Common ownership of the yards is permitted.
(c) The shared interior property boundary(ies) is/are required to be developed at
a zero -lot line.
(d) Sublots shall not be used to develop detached units. (See figure 2 above)
27.20.155: Tiny Houses. This zoning ordinance specifically allows the development of tiny houses, as
defined in Appendix Q of the International Residential Code as it was printed on January 1,
2023, provided that all other provisions of this ordinance and any other applicable
regulations are met.
27.20.160: Visibility at Intersections. 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. (See definitions).
Architectural Review - 83
CHAPTER 27.21
ARCHITECTURAL REVIEW
Sections:
27.21.010
Findings and Objectives.
27.21.020
Architectural Review Committee.
27.21.030
Jurisdiction and Powers of the Architectural Review Committee.
27.21.040
Criteria and Standards.
27.21.050
Procedure.
27.21.010: 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 Kalispell 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 city'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 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;
Architectural Review - 84
(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 or 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.
27.21.020: Architectural Review Committee.
(1) The mayor, with the approval of the council, shall appoint an Architectural
Review Committee (ARC) of at least five persons, each with one or more
of the following qualifications: special education, training, or experience in
the financing of commercial real property, architecture, or landscape
architecture; active engagement in business, commerce or industry; and/or
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 city.
(2) The members shall serve four-year terms. The specific terms shall be
initially established so that up to two four-year appointments are made each
year until all positions have been appointed._The mayor, with approval of
the council, may remove any member of the ARC after hearing, for
misconduct or non-performance 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.
27.21.030: Jurisdiction and Powers of the ARC.
(1) (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 construction or alteration
of a sign, until the plans, drawings, sketches, and other documents required
under Section 27.21.050 have been reviewed and approved by the ARC in
conformity with the criteria specified in Section 27.21.040. Wall signs are
Architectural Review - 85
exempt from ARC review. 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 27.21.010.
27.21.040: 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 27.21.050.
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) City of Kalispell, Montana, Architectural Design Standards: The
project should be designed to follow the architectural design
standards.
(b) 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.
(c) 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.
(d) 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
Architectural Review - 86
existing or contemplated environment and the surrounding
properties.
(e) 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 27.21.010, and
such objectives shall serve as additional criteria and standards.
27.21.050: 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 planning
department 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.
(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) Specifications for each exterior light fixture.
(f) A sign plan, drawn to scale, showing the location, size, design,
material, color, and methods of illumination of all exterior signs.
Architectural Review - 87
(2) 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 manager within 30 days after the
ARC has rendered its decision at the scheduled meeting.
Downtown Historic District Design Standards - 88
CHAPTER 27.21A
DOWNTOWN HISTORIC DISTRICT DESIGN STANDARDS
Sections:
27.21A.010 Intent
27.21A.020 Applicability
27.21A.030: Design Standards Applicable to All Properties within the Downtown Historic
District Overlay
27.21A.040: Additional Design Standards Applicable to Properties within the Main Street
Historic District
27.21A.010: Intent. The purpose of this section is to establish design standards that guide
individuals, businesses, architects, designers as well as the Architectural Review
Committee in making consistent and objective decisions involving development
within historic downtown Kalispell. The standards will protect and enhance the
development of buildings and sites within downtown Kalispell, an area of
significant architectural and historic character, for educational, cultural and
economic benefit and enjoyment of the citizens of Kalispell and the traveling
public. The Downtown Historic District Overlay (Figure 2.2) consists of the
Kalispell Main Street Historic District and the surrounding area that embodies the
historic commercial site development patterns of early Kalispell. The design
standards will preserve historic architectural design and integrity, while promoting
compatible urban growth and redevelopment. The standards will protect the
investment and property values of local businesses, promote tourism, and
encourage pedestrian -oriented development. Contemporary, non -period and
innovative design of new structures and additions is encouraged when such design
is compatible with and/or compliments surrounding structures. These standards are
not intended to necessarily preclude significant alteration or demolition of existing
buildings but are designed to provide consistency and predictability to property
development standards and the permit review process.
27.21A.020: Applicability. The following design standards are applicable to all buildings except
for single family and duplex dwellings within the Downtown Historic District
Overlay (Figure 2.2). Standards in Section 27.21A.030 apply to all properties
within the boundary of the Downtown Historic District Overlay, which emphasizes
pedestrian -friendly urban site design congruent with historic Kalispell. In addition
to Section 27.21A.030, Section 27.21A.040 applies to properties within the Main
Street Historic District and focuses on historic architectural form, material, and
color reflective of the established historic built environment. When applying the
standards of this chapter, ARC must also be guided by the Design Guidelines -
Downtown Historic District Overlay.
Downtown Historic District Design Standards- 89
Figure 2.2: Downtown Historic District Overlay
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In addition to ARC review and approval for all new building or major remodeling as
defined in Section 27.21.030, fagade improvements including but not limited to the
application of paint; installation or replacement of awnings, siding, or windows; wall
murals or artistic sculptures; substantial alteration of historically significant elements
(Section 27.21A.040(2)(c)(5)) on contributing buildings, and wall signs 20 square
feet in size or larger require ARC approval within the Main Street Historic District.
Ordinary repair or maintenance, as defined in this chapter, is exempt from ARC
review. Ordinary repair and maintenance does not include the alteration or repair of
the building fagade, including but not limited to brick and masonry repair, abrasive
and/or comprehensive cleaning of the building, stripping paint finishes, painting, and
window or awning replacement.
1) Alternative Compliance to Design Standards. ARC may allow for alternative
compliance when the proposal demonstrates alignment with the spirit and intent of
the design standards.
2) Definitions. As used in this chapter, the following definitions apply:
Downtown Historic District Design Standards- - 90
(a) Contributing building: A building constructed during Kalispell's period of
significance (1891-1960) and which retains a high degree of integrity. The
building is intact and few alterations have occurred. If additions have been
made more than 50 years ago, the additions may be seen as part of the
evolution of the building and provide historical significance.
(b) Downtown Main Street District: A historic district listed on the National
Register of Historic places and a subdistrict of the Downtown Historic
District Overlay.
(c) Ghost signs: A wall sign painted on the exterior wall of a building during
Kalispell's period of significance which advertises a business, product, or
service.
(d) Individually listed building: A building or structure that has been listed on
the National Register of Historic Places based on the significance in
American history, architecture, archaeology, engineering or culture.
Information on individually listed buildings can be found on the Montana
State Historic Preservation Office website and the National Park Service's
National Register of Historic Places website.
(e) Noncontributing building: A building whose date of construction is
outside the period of significance or is within the period of significance but
has been altered to the degree in which the integrity and historical character
has been compromised.
(f) Ordinary repair or maintenance: Replacement or renewal of existing
systems of a building, or of parts of the service equipment made in the
ordinary course of maintenance and that do not in any way affect health or
the fire or structural safety of the building or the safe use and operation of
the service equipment therein.
(g) Period of significance: A period between 1891 and 1960 during which time
Kalispell gained its most architectural and historical importance.
(h) Wall murals: A painting or artistic work composed of pictures or
arrangements of color which is painted on or attached to a building and
which does not contain a commercial message.
27.21A.030: Design Standards Applicable to All Properties within the Downtown Historic District
Overlay. The following standards apply to all properties within the Downtown Historic
District Overlay (Figure 2.2) which consists of the Kalispell Main Street Historic District
and the surrounding area.
1) Site Design and Architectural Character
(a) All new buildings shall be placed and designed to present the front and
primary facade to the block frontage that is highest in order of precedence
Downtown Historic District Design Standards-91
and should convey a sense of human scale and visual interest along the
street front.
(b) New buildings on a corner at the intersection of two streets shall be placed
to present a front and primary fagade on both street block frontages.
(c) Windows shall use clear glass or clear low-E glass rather than spandrel,
mirrored, or tinted glass at street level. Stained and leaded glass may be
used when historically appropriate.
(d) New buildings shall be scaled to the pedestrian, with a variety of ways to
engage activity at the street and sidewalk by incorporating at least three of
the following elements:
Recessed bays
2. Protruding or recessed entries.
Awnings, entry roofing and trellises.
4. Architectural elements integrated into the design such as dormers,
roof cornices, columns, piers, lintels.
Change in plane to avoid large plain building masses.
6. Change in building material or siding style.
7. Windows (except storefront windows) shall include trim or other
design treatment, or alternately be recessed at least two inches from
the fagade.
2) Parking Facilities
(a) New surface parking along a street shall be placed to the side or rear of the
building and accessed via the alley when possible.
(b) Parking structures shall incorporate ground floor features that promote a
pedestrian environment.
At street level, the parking structure shall include retail, commercial
space, or architectural features that engage the pedestrian
experience. The use of awnings, shading devices, and landscaping
are a means to provide visual interest to areas otherwise not
engaging the pedestrian at street level.
(c) Upper parking levels facing the street shall minimize the visual impact of
parked cars.
Openings shall have a rhythm and scale similar to buildings in the
area.
Downtown Historic District Design Standards- - 92
2. Screens and decorative materials along with railings shall be
included to provide visual interest to upper level openings in the
structure to help minimize headlight glare onto adjacent buildings.
(d) The overall design of the parking structure shall be compatible within the
area or neighborhood especially in terms of scale, massing, and rhythm.
1. Vertical and horizontal articulation shall divide the structure to
conform with the area or neighborhood.
2. Vertical pedestrian circulation can be a change of material or offset
from the fagade or elevation in a design similar to buildings in the
area or neighborhood.
3. Angled ramps within shall be screened from view from streets or
sidewalks.
3) Service, Loading, Outdoor Storage and Mechanical Areas. Trash, utility,
communications, power and gas meters and equivalent elements shall be located in
the alley or incorporated into the architecture of the building by using parapets,
walls, roof elements, and/or evergreen landscaping. Architectural screening
elements shall be compatible with the proposed or existing building materials.
27.21A.040: Additional Design Standards Applicable to Properties within the Main Street Historic
District. In addition to the standards outlined in Section 27.21A.030, the following
standards apply to properties within the boundaries of the Main Street Historic District
(Figure 2.2).
1) Building Materials and Color
(a) Exterior finishes shall include historic materials such as masonry, concrete,
cut stone and stone panels, native stone, terra-cotta, wood, cast iron, glass
block, copper, and tin as the primary finish material. Synthetic materials
may be used so long as the quality and appearance are substantially similar
to historic materials used in the area.
(b) Historic elements, materials and details shall not be covered, clad over, or
boarded up with modern, non -historic, non -era materials.
(c) Street shades and awnings shall be based on materials consistent with the
historic period of construction.
(d) All exterior building colors shall use a time period color palette based on
the era in which the building was constructed. These paint palettes do not
preclude the use of one or more colors that can be justified to the ARC
through historic paint analysis or historic photo documentation.
(e) Any color not listed within a historic palette or justified by historic paint
analysis or photo documentation is referred to as a "limited color". Limited
Downtown Historic District Design Standards- - 93
Colors may only be used up to 15% of the building fagade and are subject to
approval by the ARC.
(f) Color guidelines apply to all exterior materials, including, but not limited
to, paint, metals, masonry, concrete masonry units, and storefronts. Color
guidelines do not apply to murals and artistic sculptures that comply with
Section 27.21A.040(4).
(g) Noncontributing buildings are not subject to manufacturer designated paint
color palettes but shall take cues from colors and materials used on the
block or generally found in the district.
2) Standards for New Construction
(a) New construction shall maintain a uniform street wall with the historic
building alignment.
(b) All new buildings shall incorporate tripartite construction with a base,
middle, and a top that complements the building style of adjacent structures.
Figure 2.3: Tripartite Building Form
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(c) Mass and form of new construction shall be compatible with the historic
context, area, and neighborhood.
Buildings shall be at the same grade, elevation, or floor height of
surrounding historic buildings of the area or neighborhood.
2. Floor to floor heights shall be similar to the surrounding properties
in the area or neighborhood including properties at an intersection.
Buildings shall have horizontal and vertical articulation of street
facing wall planes and differentiate materials between floors
consistent with properties in the area or neighborhood.
4. Facade or street facing elevations shall reflect the proportions of
height to width in the area or neighborhood.
Downtown Historic District Design Standards- - 94
Buildings shall include historically significant architectural elements
such as water tables, bulkhead, belt courses, dormers, transom,
window sills and lintels, roof cornices, etc. Contemporary
interpretations of these historical elements may be appropriate.
Figure 2.5: Historic Commercial Building Elements
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(d) Windows, doors, and other features shall be compatible with those in the
area or neighborhood.
Use simplified configuration of historic doors. Storefront entrances
shall have a recessed entry in order to avoid conflict with pedestrian
circulation within the right-of-way.
2. Door height, width, and materials shall be similar to those in the
area or neighborhood.
Window headers, sills, and sash design shall be similar to those in
the area or neighborhood and hold similar relationship to cornices
and belt courses.
4. Contemporary window patterns and designs shall respect the
character and proportion of those in the area or neighborhood.
Windows shall use clear glass or clear low-E glass rather than
spandrel, mirrored, or tinted glass at street level. Stained and leaded
glass may be used when historically appropriate.
(e) Roof forms shall be compatible to those in the area or neighborhood. Flat
roof forms shall not be used in areas of pitched roofs and pitched roof forms
shall not be used in an area of flat roofs.
(f) When a contributing property is demolished, the reconstruction of the
property shall include elements in the design that respect and harken back to
the history of the site as it existed during Kalispell's period of significance.
Downtown Historic District Design Standards- - 95
3) Standards for Minor Additions and Facade Improvements to Contributing
and Individually Listed Buildings
(a) Minor building additions and exterior facade improvements to contributing
properties shall preserve the historical character, proportion, scale, and
rhythm of the existing historic building. When possible, historical reference
including photographs shall be used to verify appropriate design.
(b) If architecturally significant features such as cornices, lintels, historically
appropriate windows and doors are replaced, they shall be replaced with
reproductions of the original, where economically and functionally possible.
If this is not possible, they shall be replaced with features similar in size and
scale to the original.
4) Standards for Art Installations
(a) Wall murals shall not be located on the front fagade or the side fagade of a
side corner lot and shall not cover, destroy, or materially alter a historically
significant architectural element (Section 27.21A.040(2)(c)(5)) of the
building or an existing ghost sign.
(b) No mural shall be applied directly to an original, unpainted brick wall of a
contributing or individually listed building. Murals should instead be
painted on a removable substrate suitable for outdoor use. Anchoring shall
be placed into masonry joints or other non -damaging areas of the walls.
Framing shall be done so as not to trap water between the mural and the
wall. Hanging or anchoring shall be reversible.
(c) Artistic sculptures shall be secured in a manner that, if removed in the
future, would not impair the historic integrity of the building.
Sign Regulations - 96
CHAPTER 27.22
SIGN REGULATIONS
Sections:
27.22.010
Purpose
27.22.020
Scope
27.22.030
Signs Prohibited
27.22.040
Permits Required
27.22.050
Signs Not Requiring Permits
27.22.060
General Standards for all Signs
27.22.070
Reader Boards
27.22.080
Sign Area Allowances
27.22.090
Regulations for Specific Categories of Signs
27.22.100
Permitted Signs in Zones R-1, R-2, R-3, and R-4
27.22.110
Permitted Signs in Zones R-5, RA-1, RA-2, B-1 and P-1
27.22.120
Permitted Signs in Zone H-1
27.22.130
Permitted Signs in Zones B-2, B-4, B-5, I-1, and I-2
27.22.140
Construction Standards
27.22.150
Maintenance
27.22.160
Sign Permit
27.22.170
Non -Conforming Signs and Signs Without Permits
27.22.180
Exemption for Historic Signs
27.22.190
Violations
27.22.200
Enforcement and Remedies
27.22.210
Removal of Signs by the Administrator
27.22.220
Appeals and Variances
27.22.010: 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.
27.22.020: 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;
Sign Regulations - 97
commemorative plaques; decorative holiday light displays; traditional barber poles; the
display of street numbers; or any display or construction not defined herein as a sign.
27.22.030: 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, searchlights, beacons or other gas filled or air -filled figures (except
as allowed in Section 27.22.050(1)(c)).
(3) Banners on public property or rights -of -way, except as otherwise permitted by other
city standards or policies.
(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,
streetlights, 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 signs or lettering on buses,
taxis, or vehicles operating during the normal course of business).
(7) Roof signs unless architecturally incorporated (matching colors/materials/
embellishments) into the facade of the building and mounted on a parapet wall or
similar extension of an exterior wall. No part of the sign shall extend over the wall.
(8) Any temporary or portable signs except as otherwise permitted in Section
27.22.050(1).
(9) Mechanically animated and/or flashing signs. See also Section 27.22.060(1).
(10) Any temporary or portable sandwich board signs or other portable signs located on
public sidewalks or in the public right-of-way, except as otherwise provided in this
chapter.
27.22.040: Permits Required. Unless otherwise provided by this ordinance, all signs shall require
permits and payment of fees as described in Section 27.22.160 of this ordinance.
(1) No permit is required for the routine maintenance of a sign except as otherwise
specified in this section.
(2) Changing a face or other component of a sign is considered an alteration of the sign
and shall not be considered routine maintenance except that the replacement of reader
boards with reader boards of the same size, color lights, and type are considered to
be routine maintenance provided that a permit is obtained. Any reader board
Sign Regulations - 98
replaced under this provision shall comply with light intensity requirements for
electronic reader boards as provided for in Section 27.22.070.
27.22.050: 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) Allowed 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 sign per contractor of a building which
is under construction provided the advertising display area of such sign shall
not exceed six square feet in residential districts or 32 square feet in other
districts. The signs may be combined on a single sign not to exceed 32 square
feet. Additionally, one sign is allowed which shall not exceed 16 square feet
advertising the business(es) which will occupy the lot. Such signs shall be
removed within 30 days of occupancy of the building.
(b) Real Estate Signs. One two-faced sign per lot not exceeding six square feet
per sign face in residential districts or 32 square feet in other districts. A
subdivision sales sign up to 32 square feet is permitted at each entrance to a
subdivision, and shall be removed at 75% build -out of the subdivision (or
phase, if applicable).
(c) Temporary signs are allowed in association with commercial and industrial
uses for special events such as grand openings or special sales for a single
period of time not to exceed 14 total days within a 6-month period and subject
to the written approval of the Zoning Administrator.
1. Banners mounted directly on and parallel to a building wall.
2. Temporary or portable signs (such as a portable reader board or sandwich
board, etc) per lot are allowed.
Inflatable signs, balloons, tethered balloons, or other gas filled or air -
filled figures.
(d) Political signs not exceeding 32 square feet located on private property.
(e) Campaign and election signs which are removed within 14 days after the
election.
(f) Signs associated with neighborhood garage or yard sales or similar function.
Such signs may be located on -premise or off -premise within a residential
zoning district. The signs must be removed within two days following the
sale.
Sign Regulations - 99
(g) In the area shown in Figure 2.1 (see below), A-frame/sandwich board signs
within the public right-of-way are permitted under the following conditions:
1. Only one single or double -sided sign is permitted per lot;
2. A minimum 5-foot-wide pathway remains on the sidewalk;
3. The sign is immediately in front of the business being advertised and
adjacent to the building;
4. The sign is limited to a maximum of 3 feet in height and 10 square feet
per face;
5. The sign may be displayed from 8:00 a.m. to 9:00 p.m.;
6. Insurance coverage is provided in a manner to be reviewed and approved
by the City Attorney; and
7. A permit is obtained from the zoning administrator.
Figure 2.1 - Temporary Signs on Public Right of Way
W_CENTER ST
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N ST ST E
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O 150 300 600 900 'I 200
Feet 1 I 6TH ST E.
Sign Regulations - 100
(2) General Standards for Temporary Signs.
(a) A temporary sign shall not be placed on or extend over the public right-of-
way, except as otherwise provided in this chapter.
(b) The location of a temporary sign is subject to clear vision triangle
requirements and the location requirements for freestanding/ground signs
contained in Section 27.22.090(1). The location is further subject to site and
building access requirements.
(c) A temporary sign shall be designed to be stable under all weather conditions,
including high winds.
(d) A temporary sign shall not advertise or promote any off -premise commercial
enterprise or event.
(3) Directional Signs. A sign, other than a government sign, not more than four square
feet which provides directions for traffic flow to places of business.
(4) 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 24 square feet in
sign area per face, subject to the height for the given zoning district.
(5) Interior Window Signs. Any incidental signage erected inside of or painted on 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. An electronic reader board within a window shall be considered a
wall sign and is subject to review as a sign requiring a permit. Signs in faux windows
that are not intended to serve typical window functions related to light and air shall
not be considered interior window signs and are subject to regulations pertaining to
wall signs.
(6) Subdivision Identification Signs. One sign not to exceed 24 square feet in area or
two signs not to exceed 12 square feet each per exclusive entrance to a subdivision
or tract. Such signs shall be restricted to the subdivision or development name and
shall not exceed six feet in height.
(7) Government Signs. Any sign erected by a government agency and signs indicating
utility locations.
(8) Nameplates. One per dwelling or tenant name(s) at a main entrance, not exceeding
one square foot per nameplate.
(9) Incidental Signs. Signs that are generally informational, that have a purpose
secondary to the use on the lot on which it is located, such as "no parking,"
Sign Regulations - 101
"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.
(10) Works of art that do not include a commercial message.
27.22.060: 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.
(2) Signs, if illuminated, shall be lighted by continuous, stationary, shielded light
sources. Internally illuminated signs may not be lit at night when any face of the
sign is removed or damaged in such a way that the light may distract or intrude on
drivers or adjacent properties. Signs that have exterior lighting must be lit from above
the sign and the light shielded, except that ground lighting may be used for ground
mounted signs with a solid base. In all cases, lighting must be directed at the surface
of the sign area.
(3) Signs attached to buildings shall not extend above the wall to which they are attached
unless erected to comply with 27.22.030(7).
(4) The advertising display area for freestanding signs shall include no more than two
faces, except that more than two faces may be permitted for signs serving multiple
businesses. The advertising display area for wall signs shall be limited to a single
sign face.
27.22.070: Reader Boards.
(1) Portable or movable reader boards signs are prohibited except when used to
announce a temporary event [see 27.22.050(l)(c)].
(2) A sign may include electronic and manually changeable reader boards.
(a) No more than 25% of any sign area may incorporate an electronic reader
board.
(b) No more than 50% of any sign area may incorporate a manually changeable
reader board.
(c) In no event shall the percentage of sign area occupied by reader board exceed
50%.
(d) The reader board portion shall be architecturally incorporated into the overall
design of the sign.
Sign Regulations - 102
(e) No such sign shall be considered to be architecturally incorporated unless the
reader board is contiguous to the remainder of the sign face and is bounded
by the same or similar framework.
(3) The electronic message shall:
(a) Not change in increments of less than five seconds;
(b) Not use flashing or blinking characters; and
(c) Not utilize streaming video.
(4) Electronic reader boards shall be set back a minimum of 25 feet from an intersection
(i.e. where right-of-way lines intersect) if the intersection contains a traffic signal. If
the reader board is located less than 25 feet from an intersection, it shall be set back
a minimum of ten feet from all right-of-way lines.
(5) Electronic reader boards may not display light of such intensity or brilliance to cause
glare or otherwise impair the vision of a driver, or results in a nuisance to the driver.
Brightness on such signs shall not exceed 0.3-foot candles above ambient light as
measured using a foot candle (lux) meter at a distance of one hundred feet from the
sign.
(6) Prior to issuance of a sign permit, the applicant shall provide written certification
from the sign manufacturer that the light intensity has been factory pre-set not to
exceed 0.3-foot candles above ambient light as measured from one hundred feet from
the display and that the intensity level is protected from manipulation by password -
protected software or other method as deemed appropriate by the Planning
Department.
27.22.080: 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
27.22.170.
(1) Building Frontage Method. (See Figure 3)
(a) When building frontage is less than 200 feet, the maximum sign area for the
property shall be as follows:
Sign Regulations - 103
ZONING
MAXIMUM SIGN AREA
CLASSIFICATION
B-2, B-3, B-4, B-5, I-1 and I-2
3 square feet per lineal foot of building
frontage length
R-5, RA-1, RA-2, B-I and P-1
2 square feet per lineal foot of building
frontage length
R-1, R-2, R-3 and R-4
I square foot per lineal foot of building
frontage length
H-1
See Section 27.22.120
(b) When building frontage exceeds 200 feet, the maximum sign area shall be
equal to the maximum sign area calculated under subsection (a) of this section
plus one square foot for each additional lineal foot of frontage beyond 200
feet.
(c) In the B-2, B-3, B-4, B-5, I-1 and 1-2 zones, 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 3-1/2
square feet and 1-1/2 square feet, respectively, provided that a common
signage plan is submitted and approved.
(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 or has
frontage on more than one 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 Method. (See Figure 3)
(a) In lieu of using the length of building frontage as a means of calculating sign
area allowance, the calculation may be based on a ratio of one square foot of
sign allowance for each lineal foot of lot frontage along a single public road.
(b) The lot length method is not applicable in the R-1, R-2, R-3, and R-4 zoning
districts.
Sign Regulations - 104
Figure 3: Sign Area Allowance
INTERIOR LOTS CORNER LOT
m m aD m
c c c c
0 0 0 0
It
len th building c
me hod v
frontage
1
rCT
method
B39;7=1=111
lot length = 60' building frontage = 46
60'x 1'=60 sq. ft. 45'x3'=135 sq. ft.
f7 ❑ O O L3 t :k G1
ju 0
Optional Methods:
Lot Length Method
60'x1'=60sq. ft.
142' x 1 = 142 sq. ft.
Building Frontage Method
40'x3'= 120sq. ft.
55' x 3' = 165 sq. ft_
G7 N W
7tC C C
0 0 NAo
STREET
O'---j-� 8'
C 0 EIS
Os^'
building frontage
1—
W
W
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co
Sign Regulations - 105
(3) Multi -faced Signs. All faces of a multi -sided sign shall be counted towards the
maximum sign area allowance (for example, both sides of a double -sided, double-
faced freestanding sign are counted). Signs shall not exceed a 30-degree angle. (See
Figure 4)
Figure 4: Multi -Sided Signs
less than 30 degrees greater than 30 degrees
face 1
m SION
face 2
all one face
m
(4) Exception. Businesses having approved entrances from more than two collector
streets and/or arterial highways may submit a signage plan to the City Council for
their approval that exceeds the sign area allowable in this ordinance. A portion of the
proposed signage may be off -premise provided the business property does not abut
a third or fourth collector street or arterial highway and such off -premise signage
does not direct traffic through a residential zone.
27.22.090: 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 27.22.090(3).
(b) A single sign may be permitted on a lot having at least 30 feet of frontage
along a public road except up to two signs may be permitted when the
frontage of the lot along a single road exceeds 500 feet. Under this provision,
a corner lot with frontage along two public roads is eligible for a sign along
each frontage, provided that the signs may not be located within the same
building setback area. (See Figure 5)
Sign Regulations - 106
Figure 5: Freestanding Signs — Corner Lots
STREET
STREET
Side Comer Setback
Side Comer Setback
--------
pmpadylpublic
Sign
put
right-0f way Ilse
rplgM�
way
Only 1
1 freestanding
w
freestanding
N
sign allowed
a
sidewalk
sign allowed on i
co
each fronts e _
sidewalk
landsmpe
U.
boulevard
landscape
boulevard
line
(c) Signs shall be setback from any side property line a distance equal to the
building setback in the given zoning district. This requirement does not apply
to side corner property lines. No sign shall be erected or extend over any
public right-of-way.
(d) Heights, area, and front yard setbacks of freestanding signs in the B-2, B-3,
B-4, B-5, I-1 and I-2 zones are established in the "Freestanding Sign
Standards" table below. The height, area and front yard setbacks of
freestanding signs in other districts are established under Sections 27.22.100,
27.22.110, and 27.22.120 of this ordinance. The setback shall be measured
from each street right-of-way line adjacent to the property, and the lowest
height and smallest size per face shall apply.
Freestanding Sign Standards
Distance from Street
Maximum Height
Maximum Size
Right -Of -Way Line
Above Grade (Feet)
Allowed Per Face
(Feet)
(Square Feet)
0-10
15
60
11-20
20
80
21-30
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
(e) Signs within 50 feet (measured along the street right-of-way) of an
intersection, which exceed 42 inches in height, shall be set back at least 15
feet from the street right-of-way line or shall maintain free air space between
a height of 42 inches above the adjacent street elevation and a height of 72
inches above said elevation. A freestanding sign shall not be construed to
Sign Regulations - 107
have free air space if such sign has a base which is greater than 50% of the
width of its face or three feet wide, whichever is smaller. (Figure 6)
FiLyure 6: FreestandinL, Sims - Intersections
OPTION 1: OPTION 2:
15' setback from public free air space in sign between
right-of-way line 42" and 72" above the
adjacent street elevation
STREET / right-avWiine
IV
w Message
w
slgn�------------
Message/Base
72" sidewalk
sidewalk i curb i Public
"tlStreet right-of-way
iendompe I Elevation line
boukarard
I
(f) Signs within an isosceles triangle having 10 feet along the right-of-way line
of an alley or along the edge line of a private drive/parking lot access and
along (i) the inside line of the sidewalk, or (ii) if there is no sidewalk, the curb
line, shall maintain free airspace between a height of 42 inches above the
adjacent street elevation and a height of 72 inches above said elevation.
(Figure 7)
Figure 7: Freestanding Sims By Alleys or Driveways
ALLEY
or
DRIVEWAY
c
Signs within traffic vision
area are to maintain
free air space
between 42" and 72'.
STREET � sidewalk
(If there is no sidewalkj0 feet
is measured from the curb
(g) When electrical service is provided to freestanding signs or ground signs, all
such electrical service shall be underground.
Sign Regulations - 108
(2) Wall Signs.
(a) No part of a wall sign shall extend above the top of the wall or parapet wall
upon which it is placed. If a sign extends over the roof line, it is allowed only
if it is architecturally incorporated (matching colors/materials/
embellishments) into the fagade of the building and mounted on a parapet
wall or similar extension of an exterior wall, without any part of the sign
extending over the wall.
(b) On corner lots, the total allowable sign area allocated to wall signs along a
single frontage shall be limited to the maximum sign area for that frontage.
(See also Section 27.22.080, which allows the use of only one frontage for
purposes of the actual calculation of maximum sign area allowance for a
property).
(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 18 inch or less
extension requirements.
(d) On buildings with a building frontage of 200 feet or more along a single street
and undulating architecture, signs which are attached to all or a portion of the
wall of the building are not subject to the 18 inch or less extension
requirements provided the signs are parallel to the linear face of the building,
attached to all or a portion of the building wall at its outermost points, and
comply with all other provisions related to wall signage.
(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 shall be required prior to issuing a sign permit. A common signage plan
can also be prepared for businesses on two or more adjoining lots.
(b) A 25% increase in the maximum size allowed per face as set forth in Section
27.22.090(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 freestanding sign consistent with the provisions of
27.22.080(1)(c) and 27.22.090(1). Freestanding signs shall not be permitted
to any single business or tenant.
Sign Regulations - 109
(4) Projecting Signs.
(a) The sign shall be erected at right angles to the building face and be at least
eight 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 extend no closer than two
feet from the curb of the street or beyond 48 inches, whichever is less.
(5) Marquee Signs.
(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 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 a canopy.
(c) Canopies on which canopy signs are mounted shall be at least eight feet above
any public right-of-way, except that any valance attached to a canopy may be
only seven feet in height above a public right-of-way. (Figure 8)
Figure 8: Canopy Signs
8' clearance from
public right of way
to bottom of canopy
7' clearance from
public right of way
to bottom of valance
Sign Regulations - 110
(7) Billboards.
(a) No billboard shall exceed 288 square feet per sign face. The sign area shall
count towards the maximum sign area allowance for the property.
(b) No billboard structure shall exceed a maximum height of 28 feet.
(c) Billboards shall be erected using single -pole construction.
(d) Billboards shall not utilize any changeable copy, streaming video, or any
light -emitting surface.
(e) 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.
(f) 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.
(g) No billboard shall be constructed along a road, which is not a federal or state
highway (i.e. US Highways 2 and 93).
(h) In order that the total face area and number of faces of all lawful billboards
within the city not be increased beyond the number of faces occurring on
March 19, 1992, 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 plus any billboards added
though annexation as provided herein.
(i) Any billboard, except those subject to annexation as specified herein, located
within any zoning district in which billboards are prohibited were to be
relocated at the billboard owner's expense to a zoning district which permits
billboards by March 19, 1997, and billboards that were located within 1500
feet of the intersection of Main and Idaho streets were to be relocated by
March 19, 1994.
Sign Regulations - 111
(j) Whenever a parcel of land containing any billboard is rezoned, or annexed
and zoned, to a zone which does not allow billboards, the billboard or
billboards shall be removed within seven years of the rezoning or, in the case
of annexation, within seven 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 27.22.130, in accordance with
subsection (h).
27.22.100: Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) Non-residential Uses: Wall signs and one freestanding sign.
(3) Residential Uses: Home occupations and other residential uses are permitted
one non -illuminated wall sign not to exceed six square feet. Day care centers are
allowed signage equal to non-residential uses.
(4) The height of a freestanding sign shall be limited to six feet and the size shall be
limited to 24 square feet per face.
27.22.110: Permitted Signs in Zones R-5, RA-1, RA-2, B-1, and P-1.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) One freestanding sign. The sign shall not exceed 24 square feet per sign face and the
height shall not exceed six 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 feet above natural grade.
(3) Wall signs, canopy signs, and marquee signs.
(4) Home occupations are limited to one non -illuminated wall sign not to exceed six
square feet.
27.22.120: Permitted Signs in Zone H-1
(1) Signs listed in Section 27.22.050 - Signs not requiring permits.
(2) Non-residential uses, other than hospitals, are permitted one freestanding sign and
one wall, marquee or canopy sign per developed lot. The sign area for a
freestanding or ground sign shall not exceed 24 square feet per sign face and the
height shall not exceed six feet above natural grade. Walls signs shall not exceed
20 square feet per use.
Sign Regulations - 112
(3) An entrance sign shall be permitted at all parking lot entrances to a hospital facility
or complex provided the sign does not block the visibility of incoming or outgoing
vehicles. The sign shall not exceed 14 square feet per face nor six feet in height.
(4) Up to three signs may be permitted in association with a hospital complex and may
be freestanding, marquee (canopy) or wall signs. Allowable sign area shall not
exceed 70 square feet per face nor six feet in height and will be subject to Section
27.22.090(1)(d).
(5) Not more than two off -premise signs may be permitted at primary hospital entrance
roads to provide direction to a hospital facility from a major arterial. One sign shall
be permitted per intersection entrance. Each sign shall not exceed 54 square feet
per face nor 12 feet in height. Off -premise hospital signs will be allowed on
developed or undeveloped property and will not be counted as part of the sign type
or allowance permitted for that parcel.
(6) One non -illuminated wall sign not to exceed six square feet in connection with a
home occupation.
27.22.130: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) Freestanding and ground signs.
(3) Wall signs.
(4) Projecting signs, except on Main Street between Center Street and 8th Street.
Projecting signs in that area are permitted provided they meet the following:
(a) Only externally lit signs are allowed, subject to the outdoor lighting
regulations;
(b) No reader boards are allowed;
(c) A maximum area of nine square feet is allowed, or a maximum of 15 square
feet if the lowest part of the sign is at least 15 feet above grade and meets a
higher artistic standard under architectural review, including a maximum of
25% of the sign area being text, colors coordinating with those on the
building, and other elements as determined by the Architectural Review
Committee; and
(d) The sign otherwise meets the standards for projecting signs.
(5) Freestanding multiple business sign.
Sign Regulations - 113
(6) Canopy signs.
(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: (a) in zoning classifications B-3, B-4 and B-5; and (b) not within
1500 feet of the intersection of Main and Idaho streets.
27.22.140: Construction Standards.
(1) All signs, except for under -canopy signs, shall be braced or secured to prevent
motion.
(2) All freestanding signs and billboards shall be self-supporting structures utilizing
permanent foundations.
(3) Permanent signs shall be designed to withstand a wind speed of 70 miles per hour.
(4) 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.
(5) No sign shall be attached in any form, shape, or manner which will interfere with any
opening required for ventilation.
(6) 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
24 inches horizontally or vertically from any conductor or public utility guy wire.
27.22.150: 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.
27.22.160: 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 27.22.050.
(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.
Sign Regulations - 114
(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 fee established by the City Council.
(2) Architectural Review. Signs are subject to the architectural review requirements as
set forth in Chapter 27.21. Wall signs and groupings of wall signs less than 50 square
feet in size are exempted from review.
(3) Issuance and Denial. The Zoning Administrator shall issue a permit and permit
sticker for the erection, alteration, or relocation of a sign provided that the sign
complies with the laws of all applicable jurisdictions.
(a) In all applications, where a matter of interpretation arises, the more specific
definition or higher standard shall prevail.
(b) The Zoning Administrator may suspend or revoke an issued permit for any
false statement or substantive misrepresentation of fact in the application.
(4) Inspection. The Zoning Administrator shall inspect each sign for which a permit 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 within six
months of the date the permit is issued, the permit shall lapse and become void.
27.22.170: Nonconforming Signs and Signs Without Permits. Existing signs that do not conform to
the provisions of these regulations but were legally in place prior to the adoption or
application of this ordinance, are considered non -conforming. All non -conforming signs
shall be removed or brought into compliance with these regulations as follows:
Sign Regulations - 115
(1) Electronic message boards or signs that blink, flash or change copy in less than five
second increments or do not display time and temperature shall be brought into
compliance with regard to displayed messages within one year.
(2) 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 shall be brought into compliance immediately upon replacement. In the case of
vandalism, a sign may be restored to original condition if done within six months.
(3) Signs, on and off -premise, which are voluntarily destroyed or removed (except for
maintenance not involving structural modification), shall be brought into compliance
immediately upon replacement.
(4) Discontinued freestanding signs shall be brought into compliance immediately
unless part of a multi -panel sign, subject to Section 27.22.170(7).
(5) Signs which were unlawfully erected shall be brought into compliance immediately.
(6) Signs that are replaced, relocated, reconstructed, or requiring structural modification,
including modifications to accommodate a change of copy, shall be brought into
compliance immediately.
(7) Freestanding signs containing removable or replaceable panels shall be brought into
compliance when a cumulative total of more than 50% of the sign area or sign panels
are replaced or modified.
(8) 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 be brought
into compliance when replaced.
(9) Non -conforming status for signs that blink, rotate, flash, or animate ended on March
19, 1993.
27.22.180 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, preserved, or restored. If there is a question regarding the historical significance of
a sign, it will be subject to review and approval by the Architectural Review Committee who
shall consider the following criteria:
(1) 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.
(2) The sign is an integral part of the original architecture and has an association with
the building.
Sign Regulations - 116
(3) The sign is at least 30 years old. If less than 30 years, then a finding of exceptional
importance of historical significance shall be made.
27.22.190: 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 city code, and by
state law. 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.
(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;
(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.
27.22.200: 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. 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 certain violation or a part thereof,
such remedy shall remain available for other violations or other parts of the same violation.
Sign Regulations - 117
27.22.210: Removal of Signs by the Administrator. The Zoning 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 Zoning Administrator
together with an additional ten percent for inspection and incidental costs.
If the amount specified in the notice is not paid within 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 10% 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.
27.22.220: Appeals and Variances. Appeals and variances may be filed pursuant to Chapters 27.31
and 27.32.
Non Conforming Lots, Uses and Structures - 118
CHAPTER 27.23
NONCONFORMING LOTS, USES AND STRUCTURES
Sections:
27.23.010 Intent
27.23.020 Nonconforming Structures
27.23.030 Nonconforming Uses
27.23.040 Nonconforming Accessory Uses and Structures
27.23.050 Changes to Historically Significant Residential Structures
27.23.060 Reconstruction
27.23.010: Intent. It is the intent of this chapter to permit nonconformities 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.
Nonconforming 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
amendmentto 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.
27.23.020: Nonconforming Structures. If a structure was lawfully constructed (conforming to zoning
regulations then in effect) prior to the effective date of adoption or amendment of this code
and does not conform with the current standards of this code, the structure may remain as
long as it remains otherwise lawful and subject to other conditions set forth herein.
(1) 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.
(2) Changes to Nonconforming Structures. A structure conforming with respect to use
but nonconforming with respect to other standards may be enlarged or altered
provided that the enlargement or alteration does not further deviate from these
regulations. For example, an extension, whether horizontal along a property line or
vertical with additional height, of a structure within a setback area creates a further
deviation beyond the existing nonconformity. Enlargements or alterations of
nonconforming structures up to 50% of the length and/or height of the existing
nonconformity may be allowed subject to an administrative conditional use permit.
Non Conforming Lots, Uses and Structures - 119
(3) Repairs and Maintenance.
(a) On any nonconforming structure, work may be done on ordinary repairs,
maintenance, and remodeling to an extent not exceeding 25% of the
replacement value of the building in any one year, except as provided for in
Section 27.20.082 relating to accessory dwelling units. The repair or
replacement of bearing walls and foundations is permitted.
(b) 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. Such work may exceed 25% of the replacement value of the
building in any one year.
27.23.030 Nonconforming Uses. If the lawful use of a structure or land was established prior to the
effective date of adoption or amendment of this code (conforming to zoning regulations then
in effect) and does not conform with the current standards of this code, the use may continue
as long as it remains otherwise lawful and subject to other conditions set forth herein. Any
ambiguity or uncertainty as to whether a nonconforming use is allowed or whether the use
was allowed when it commenced is to be interpreted in favor of the nonconforming use.
(1) 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.
(2) The removal or destruction of a structure containing a nonconforming use shall
eliminate the nonconforming status of the use.
(3) If both a structure and land are nonconforming, the removal or destruction of the
structure shall eliminate the nonconforming status of the land.
(4) Whenever a nonconforming use of a structure or a premise is abandoned for 180
days, the structure or land shall not thereafter be used except in conformance with
the regulations of the district in which it is located.
(5) A structure devoted to a nonconforming use may only be enlarged, extended,
constructed or structurally altered, and a use of land devoted to a nonconforming use
may only be enlarged or extended, if a conditional use permit is obtained.
(a) Any change(s) allowed by such permit(s) is/are limited to a cumulative
increase of 50% in the area devoted to the nonconforming use. The allowable
increase shall apply to each of the following:
1. The gross square footage of land occupied by the use;
Non Conforming Lots, Uses and Structures - 120
2. The gross square footage of the footprint of the structure(s); and
3. The gross square footage of the floor area of the structure(s).
(b) Whenever the expansion of a nonconforming use involves a cumulative
increase of 25% or less of the area devoted to the nonconforming use, an
administrative conditional use permit shall be required.
(c) A conditional use permit shall be obtained for any expansion involving an
increase of more than 25%, but less than or equal to 50%.
27.23.040: 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 27.22.170 of this ordinance.
27.23.050: Changes to Historically Significant Residential Structures. Modifications to existing
historically significant residential structures that may be eligible or are on the historical
registry will be allowed to encroach into the setback area established for the district in which
they are located if:
(1) The purpose of the modification is to regain the historical integrity of the building;
and
(2) The proposed modifications, alterations, additions, or other changes are reviewed
and approved by the Architectural Review Committee.
27.23.060: Reconstruction.
(1) 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:
(a) The process of reconstruction is commenced within 180 days of the date of
destruction.
(b) Any reconstruction must be completed without unreasonable delay.
(c) 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.
(2) If reconstruction has not commenced within 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.
Off -Street Parking Design Standards - 121
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.010 Intent
27.24.020 Required Parking for New Construction, Expansions, and Change of Use
27.24.030 Design
27.24.040 Special Provisions
27.24.050 Minimum Standards By Use
27.24.010: Intent. The intent of this section is to reduce traffic congestion and the need for parking on
public streets and to provide off-street parking adequate for each type of development in
terms of quantity, location, and design. This chapter is also intended to help avoid the
negative impacts associated with excess off-street parking requirements in the downtown
and in adjacent neighborhoods.
27.24.020: Required Parking for New Construction, Expansions, and Change of Use. 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 change of use of any building
or structure unless the requirements established by this ordinance regarding off-street
parking are satisfied. Whenever any building is enlarged, off-street parking shall be provided
for said addition. Whenever a change of use is proposed for an existing building, additional
parking beyond the existing number of parking spaces shall not be required.
27.24.030: Design.
(1) Size. A parking space is typically nine (9) feet wide and twenty (20) feet deep (See
Appendix A for minimum parking lot requirements). In cases where stacking spaces
are required or otherwise provided, each stacking space shall be a minimum of nine
(9) feet wide and twenty (20) feet deep.
(2) Location. Off-street parking lots shall be located as hereinafter specified. When a
distance is specified, such distance shall be in walking distance measured from the
nearest point of the parking lot to the nearest point of the building that such facility
is required to serve. Parking lots, including both spaces and maneuvering area(s),
shall be located entirely outside of a public and/or private right-of-way, except single
family residential and duplexes, which may utilize driveways as a maneuvering area
provided that the parking for separate units within a duplex does not conflict. For any
use other than single family residential and duplexes, parking spaces which back into
an alley shall be set back ten (10) feet from the alley right-of-way line.
(a) For single family, duplex, and multifamily residential dwellings: Off-street
parking is required on the same lot with the building it is required to serve.
Off -Street Parking Design Standards - 122
(b) For all other uses not herein specified: Off-street parking is required within
300 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.
Noncontiguous lots shall not be used for off-street parking in the R and RA
zoning districts. See section 27.24.040(3) regarding requirements for off -site
parking.
(c) Parking shall not be located in any required front, side corner, or side yard,
except one off-street parking space for each single family residential use, or
one space for each unit within a duplex, may fall into the front yard or side
corner 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 or side corner yard shall
extend to within five feet of the property line (except that parking spaces
associated with single family residences or duplexes do not have a required
setback, provided that the full 20 foot length of the parking space is located
entirely outside of the right-of-way).
Figure 9: Parking Lots
—property line
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t
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i
t
j
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t
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landscape buffer
i
inside property line
property line
i
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t street
i
boulevard
10' Clear Vision i
Triangle at Drive
t
Entrances andscape buffer
- ----------------
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t ---, -J_----sidewalk
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centerline of street -------------
Clear Vision Triangle at Street Intersection
(d) Parking spaces may be allowed to locate within the front and side yard
setbacks in the following sections:
In R-5 and RA-2 zones:
Off -Street Parking Design Standards - 123
a. Parking spaces shall be setback ten feet from the front lot line
and five feet of the side corner lot line.
b. Any parking space located within a required front or side
corner building setback area shall have a landscape buffer
between the parking space and the lot line. (Figure 9)
C. Parking spaces are allowed in the side yard setback as long as
a sight obscuring fence is constructed along the side lot line
obscuring the presence of the parked vehicles to the extent
fencing is otherwise permitted under this ordinance. 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 or RA-
2 zones, the side yard abutting the residential zone may not be
used for parking.)
2. In B-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-1 zones:
a. Parking spaces shall be setback five feet from the front and
side corner lot line.
b. Any parking space located within a required front or side
corner building setback area shall have a landscape buffer
between the parking space and the lot line. In every case, a
minimum five-foot landscape buffer is required regardless of
the building setback. (Figure 9)
C. Parking spaces are allowed 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 parked vehicles to
the extent fencing is otherwise permitted under this ordinance.
The 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 or RA-
2 zones, the side yard abutting the residential zone may not be
used for parking.)
(e) Location of parking spaces within a lot are subject to clear vision triangle
requirements. (Figure 9)
(3) Plans. A plan of the proposed off-street parking lot shall 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
Off -Street Parking Design Standards - 124
areas and other features which may be required by the Zoning Administrator or the
Site Development Review Committee.
When off-street parking spaces are required, the parking lot 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.
(c) For driveways and driving aisles where parking spaces do not back into the
driving lane, the minimum dimensions are as follows:
1. Single-family and duplex: 10 feet wide and shall not be located
within a side setback area.
2. Multi -family: 10 feet per lane (10 feet for one-way aisles and 20 feet
for two-way aisles)
3. Other uses: 12 feet per lane (12 feet for one-way aisles and 24 feet
for two-way aisles)
(4) Construction. All off-street parking lots and associated access areas shall be
improved with asphalt or concrete or a comparable permanent hard surface.
(5) Drainage. All off-street parking lots shall be designed and constructed to allow
proper drainage in accordance with and subject to public works procedures and
standards.
(6) Landscaping and Screening. All parking lots (excluding single family residences
and duplexes) shall meet the following conditions. Any landscaping is subject to
clear vision triangle requirements. See also: required landscape buffer requirements
listed in section in 27.24.030(2)(d).
(a) A minimum of 5% of the total interior parking lot area (excluding any
landscape buffer) shall be landscaped for any parking lot with ten (10) or
more spaces.
(b) The perimeter landscape buffer along a street shall consist of planting
materials or planting materials and man-made features to create a visual relief
in the form of a hedge, fence, planter box, berm, dividers, shrubbery, grass or
trees, or a combination of the above. Perimeter landscaping shall not include
Off -Street Parking Design Standards - 125
round river rocks, gravel, or similar non -vegetative treatments. Perimeter
landscaping adjoining a landscaped boulevard shall be designed in
cooperation with the city parks director.
(c) A performance bond may be required to ensure compliance with this section
and to cover maintenance for a period not to exceed one year after time of
planting. (Figure 9)
(7) Lighting. Any lights provided to illuminate any public or private parking lot shall
be designed in accordance with the Outdoor Lighting Standards contained in Chapter
27.26 of these regulations.
27.24.040: Special Provisions.
(1) Nonconforming Uses. Nothing in this ordinance shall be deemed to prevent the
voluntary establishment of off-street parking lots 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.
(2) Mixed Occupancies. In the case of mixed uses, the total requirements for the
various uses shall be computed separately. Where a lot contains one or more
buildings containing three or more separate commercial businesses developed and
managed as a unit, the parking ratio for "Shopping Center" may be applied to the
property as a whole.
(3) Off -Street Parking and Joint Use. The Zoning Administrator may authorize off -
site parking facilities for the following uses or activities under conditions specified:
(a) Off -Site Parking. Off -site parking lots are typically off -site lots utilized
solely for parking by the lot being served. The off -site parking lot must abut
a public or private street or alley and shall be owned or leased by the owner
or lessee of the lot being served. Such parking lot shall have a recorded land
covenant and easement which requires such land to be maintained as a
parking lot so long as the building and/or use served is in operation or until
another suitable parking area is established to the satisfaction of the Zoning
Administrator. Off -site parking lots may also be developed as shared parking
lots with another use provided that both the lot being served and the lot where
the parking is located satisfy the minimum number of required parking
spaces.
(b) Joint Use.
1. Up to 50% of the parking spaces required by this ordinance for
primarily "nighttime" 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 "daytime" uses such as
Off -Street Parking Design Standards - 126
banks, offices, retail and personal service shops, clothing, food,
furniture, manufacturing or wholesale and related uses.
2. Up to 50% of the parking spaces required by this ordinance for
primarily "daytime" uses may be supplied by primarily "nighttime"
uses.
3. Up to 100% of the parking spaces 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 lots provided
by uses primarily of a "daytime" nature.
(c) Conditions Required for Joint Use. The building or use for which
application is being made to utilize the off-street parking lot provided by
another building or use shall be located within 300 feet of such parking lot in
addition to which:
1. 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 lot is proposed: and
2. 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.
(4) 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 State of Montana
pursuant to the Approach Standards for Montana Highways (whichever requirements
are greater).
(a) Fences, walls, landscaping, or other obstructions to view which are higher
than 30 inches (measured from the level of the established top -of -street curb
grade or, if there is no curb, the adjacent street level) shall not be located in
any area within the isosceles triangle having sides of 10 feet along the edge
of a private drive/parking lot access and along (i) the inside edge of the
sidewalk, or (ii) if there is no sidewalk, the curb line.
(b) Access onto public rights -of -way shall be controlled and be limited to no
more than two approaches per 100 feet.
(c) Parking lots and driveways serving three or more dwelling units and all other
uses shall be arranged to permit vehicular traffic to move into and out of
Off -Street Parking Design Standards - 127
parking lots, driveways, and ramps without the backing of any vehicle onto a
street or highway.
(d) Parking lots, driveways, maneuvering aisles, ramps, and turnaround 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
if required by the Site Development Review Committee. 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 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 12 feet
on the same parcel, and no roadway shall be closer to a side property line than
two feet.
(5) Handicapped Parking Spaces. The required number of handicapped parking
spaces with the required dimensions shall be provided pursuant to federal law.
(6) Parking Districts: See (Figure 10) for parking district maps.
(a) Parking District No. 1. (Figure 10)
The following permitted or conditionally permitted uses on properties
zoned R or RA located within Parking District No. 1 shall have the
minimum number of off-street parking spaces required under section
27.24.050 reduced by 50%:
-Banks
-Barber and beauty services
-Church
-Community center
-Day care center
-Mortuaries
-Office-professional/governmental
-Schools-commercial
-Schools K-8
Off -Street Parking Design Standards - 128
(b) Special Parking Maintenance District No. 2. (Figure 10)
1. No additional off-street parking is required for a change of use within
this district.
2. Off-street parking for uses listed in Parking District No. 1 and
potential reductions thereof shall also apply to this district.
3. New construction and additions to existing buildings shall provide the
following off-street parking spaces (in no case shall more parking be
required than is otherwise provided for under this chapter):
a. One parking space for every 400 square feet of gross floor
area.
(c) Parking District No. 3 (Downtown). Property located within Parking
District No. 3 is not required to provide any off-street parking. (Figure 10)
(d) B-3 (Core Area — Business). Property located in the B-3 zone shall have the
minimum number of off-street parking spaces required under section
27.24.050 reduced by 50%.
Off -Street Parking Design Standards - 129
Figure 10: Parking Districts
City of Kalispell Parking Districts
ciN of I susperi aiennrng Daps msm (ao5) 75a-�
City of Kalispell Parking District No. 1
Off -Street Parking Design Standards - 130
Figure 10: Continued
City of Kalispell Parking District No. 2
ovrr�,a
v pp
yLL _
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City of Kalispell Parking District No. 3
PI � �aKa January 28. 2818
lispell Planning 6epanmenl (988) �58-"/89
Off -Street Parking Design Standards - 131
(7) Reductions. The number of required parking spaces may be reduced by one parking
space for every bicycle rack (space for minimum of five bicycles) provided on the
lot, up to a total five (5) percent reduction.
(8) Administrative Adjustments. Administrative adjustments for parking setbacks and
minimum number of required parking spaces are provided for in the chapter relating
to administrative adjustments. See Chapter 27.35.
27.24.050: Minimum Standards By Use.
(1) Required parking spaces shall be in conformance with this section. Nothing in this
section restricts a property owner, developer, or builder from providing more parking
spaces than the minimum required;
(2) Where alternative standards prevail, the greater applies in conflicting computations;
(3) Where the total quota results in a fraction, the number of required spaces shall be
rounded to the nearest whole number (greater than zero).
(4) In the case of a use not specifically mentioned below, the requirements for off-street
parking facilities shall be determined by the Zoning Administrator and shall be based
upon the requirements for the most similar use listed.
(5) Parking spaces within a structure, such as carports, garages, and parking garages,
shall apply toward the total parking space requirement.
(6) Where a calculation is based on gross floor area of a structure, a basement or crawl
space shall be included in gross floor area if:
(a) The area has a clearance of seven (7) feet or more;
(b) There is at least one (1) code compliant access; and
(c) There is a hard floor surface such as steel, wood, or concrete.
(7) The following table provides minimum parking standards by use:
Minimum Parking Standards By Use
Athletic Clubs:
1 space per 200 gross square feet of floor area.
Auditoriums, Convention
1 space per 4 fixed seats or 1 space per 40 square feet
Facilities and Assembly Halls:
of gross floor area used for assembly purposes,
whichever is greater.
Banks:
1 space per 300 square feet of gross floor area plus 4
spaces off-street waiting (loading) spaces per drive-
in lane (2 stacking spaces per drive -up ATM).
Off -Street Parking Design Standards - 132
Beauty and Barber Shops:
2 spaces per operator.
Bowling Alleys:
4 spaces per alley.
Business and Professional
1 space per 300 square feet gross floor area.
Offices:
Cemetery:
1 space per employee.
Churches:
1 per 5 seats or 90 lineal inches of pew or 40 square
feet of gross floor area in the largest assembly area.
Commercial or Trade School:
1 space per 3 students, plus 1 space per employee
(including faculty) at capacity class attendance
period.
Community and Recreation
1 space per 250 square feet of gross floor area or 1
Center:
space per 4 patrons to the maximum capacity, plus 1
space per employee on the largest shift.
Convenience Grocery:
1 space per 300 square feet of gross floor area, plus 1
space per gas pump located at the pump.
Day Care Home, Day Care
1 space for teacher/employee plus 1 loading space per
Center, Group Day Care Home
six students with a maximum of 2 loading spaces to
or Nursery School:
be provided on the street adjacent to the property
where the facilities are located. No parking is
required for child care facilities licensed or registered
by the Montana Department of Public Health and
Human Services.
Furniture, Appliance,
1 per 600 square feet gross floor area.
Hardware Stores:
Golf Courses:
3 spaces per hole of main course, plus 1 space per tee
for the driving range.
Grocery and Supermarkets:
1 space per 300 square feet of gross floor area.
Hospitals:
1 per 2 beds, excluding bassinets, plus 1 per 5
employees on maximum working shift, plus 1 per
each staff doctor.
Hotels, Motels:
1 per sleeping room plus 1 per each 2 employees, plus
50% of the parking required for accessory
restaurants, bars, and convention facilities.
Libraries, Museums and Art
1 per each 500 square feet gross floor area.
Galleries:
Off -Street Parking Design Standards - 133
Manufacturing Uses, Research
1 per 1000 square feet gross floor area.
Testing and Processing,
Assembling all Industries,
Wholesale Business (no outlet
sales):
Marijuana cultivation,
Dispensaries: 1 per 300 square feet gross floor area.
dispensaries, and
manufacturing
Cultivation and manufacturing: 1 per 1000 square
feet gross floor area.
Mortuaries:
1 per 5 seats or 90 lineal inches of pew or 40 square
feet of gross floor area used for assembly purposes.
Nursery and Landscaping
1 space per 300 square feet of gross floor area of
Supply Uses:
inside sales or display.
Private Clubs and Lodges:
1 space per 100 gross square feet.
Recreation Areas
Less than 75,000 square feet of gross area — none
(Commercial):
required; more than 75,000 square feet or containing
a structure with 800 square feet or more of gross floor
area — 1 space per 10,000 square feet of gross area or
1 space per 1,000 square feet of gross floor area in
the structure, whichever is greater.
Recreational Vehicle Park:
1.5 spaces per each recreational vehicle site, plus 1
space per employee on the largest shift.
Repair Services:
1 space per 300 square feet of gross floor area.
Residential:
Single Family Residence, Accessory Single
Family, Duplex, and Multifamily Units Over 1200
square feet: 1 space per unit.
Single Family Residence, Accessory Single
Family, Duplex and Multifamily Units Under
1200 square feet: No parking required.
Deed Restricted Affordable Housing: No parking
required.
Bed and Breakfast: 2 spaces plus .5 per sleeping
room.
Rooming Houses and Dormitories: Minimum of 1
space per sleeping room.
Shelters, Public and Private: 1 space per 5
occupants.
Off -Street Parking Design Standards - 134
Convalescent or Nursing Homes for Aged,
Disabled or Handicapped: 1 space per 8 beds plus
1 space per employee/maximum shift.
Assisted Living Facilities: No parking required.
Restaurants and Bars:
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. Drive -through
facilities require 4 stacking spaces per drive -through
lane (espresso stands require 3 stacking spaces per
window).
Retail:
1 per 300 square feet gross floor area.
Schools, Elementary and Junior
1 per each employee plus 1 space per 2 classrooms
High:
plus either (1) 1 space per 4 fixed seats or (ii) 1 space
per 40 square feet of gross floor area in the largest
assembly area, whichever is greater.
Schools, High and Colleges:
1 space per 5 students plus 1 per each employee plus
either (1) 1 space per 4 fixed seats or (ii) 1 space per
40 square feet of gross floor area in the largest
assembly area, whichever is greater.
Shopping Center:
1 space per 250 square feet of gross floor area.
Skating Rank, Ice or Roller:
1 space per 300 square feet of gross floor area.
Stadiums, Sport Areas and
1 per 8 seats plus 1 space per 100 square feet of
Similar Open Assemblies:
assembly space.
Swimming Facility:
1 space per 75 square feet of gross water area, plus 1
space per employee on the largest shift.
Theaters:
1 per 4 seats.
Vehicle Repair and
2 spaces per bay in addition to the bay.
Maintenance Services:
Vehicle Sales and Service:
1 space per 1,500 square feet of gross floor area plus
parking required for repair and maintenance services.
Veterinary Clinic, Pound,
1 space per 400 square feet of gross floor space.
Shelter, Commercial Kennel:
Warehouse and Storage:
1 space per 2000 square feet of gross floor area for
warehouses; 2 per manager's office for storage unit.
Off -Street Loading Design Standards - 135
CHAPTER 27.25
OFF-STREET LOADING DESIGN STANDARDS
Sections:
27.25.010 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.
27.25.020 Standards.
(1) Off-street loading berths shall be provided on the same lot as the use they serve.
(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 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 14
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.
(7) If more than one use is combined in one building, the fractional requirements for
each use shall be added together.
(8) In situations where loading berths are shared, the number of berths can be reduced
as determined by the Zoning Administrator.
(9) 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.
(10) 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.
27.25.030: Berths Required. Off-street loading berths shall be provided in accordance with the
following schedule:
Off -Street Loading Design Standards - 136
Required Loading Berth Standards
Use
Gross Floor Area Square
Feet
Number of Berths
Required
Schools, Auditoriums,
Over 20,000 — 50,000
1
Meeting Halls
50,000 — 300,000
2
Each Additional 300,000
1
Restaurants
Over 10,000
1
Hotel, Retail, Grocery,
25,000 — 100,000
1
Shopping Center or Office
Each Additional 100,000
1
Building
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
Outdoor Lighting Standards - 137
CHAPTER 27.26
OUTDOOR LIGHTING STANDARDS
Sections:
27.26.010
Intent
27.26.020
Applicability
27.26.030
General Standards
27.26.040
Specific Standards
27.26.050
Specific Uses
27.26.060
Procedure
27.26.070
Nonconforming Lighting
27.26.080
Figures
27.26.010: Intent. Light pollution obscures the night sky, a resource important to residents and visitors.
Light trespass interferes with the quality of life and public safety of the community.
Standards for outdoor lighting are intended to control artificial light from non -vehicular
sources that produce glare, light trespass, nuisance light and/or degrade the night sky. These
standards are intended to reduce and eliminate nuisance glare and light trespass from poorly
placed, inappropriate, misaligned or improperly shielded light sources. It is the further intent
of these standards to conserve energy and resources as well as to curtail and reverse the
degradation of the night sky through the regulation of the type and use of outdoor lighting
while maintaining night-time safety, utility and security.
27.26.020: Applicability. All residential and commercial lighting whether on public or private property
installed in the city limits of Kalispell shall comply with the requirements and specifications
established with these regulations. Lighting within a public or private right-of-way is not
within the scope of these regulations.
27.26.030: General Standards:
(1) All outdoor lighting, including the fixture, pole, and other supporting elements, shall
be designed to complement the overall architectural appearance of the site and
prevent excessive glare.
(2) Low voltage landscape lighting will be allowed provided it is directed toward the
object or building and does not leave the perimeter of the site or contribute to light
trespass.
(3) Nothing herein shall be deemed to prohibit the installation of minimum emergency
lighting standards required by the applicable building and/or fire codes.
(4) When practical, timing mechanisms and photocells shall be used to reduce light
levels and conserve energy during non -operational hours.
Outdoor Lighting Standards - 138
(5) Mercury vapor lights are prohibited because of the poor color spectrum, light
intensity and inefficient energy use. Low pressure or high-pressure sodium lights and
metal halide are encouraged rather than the use of fluorescent lights.
(6) Light fixtures or lamps shall be shielded in such a manner so that the light emitting
surface is not visible and to direct incident rays away from all adjacent property.
(7) Any light fixture must be placed in such a manner so that no light emitting surface is
visible from any residential area or public/private roadway, walkway, trail or other
public way when viewed at ground level.
(8) Exposed bulbs used for ornamental purposes that do not exceed the equivalent of
fifteen (15) watts incandescent are exempted from shielding requirements.
27.26.040 Specific Standards:
(1) Lights mounted on poles shall not be taller than 25 feet (pole height to be calculated
from grade to the top of the pole structure).
(2) The level of lighting shall not exceed 0.3-foot candles at any residential property line
or 1.0-foot candles at any non-residential property line, except that the measurement
along any right-of-way shall be taken from the curb line, or, if there is no curb, the
edge of the asphalt. Measurements shall be taken from ground level. If a side or rear
property line is adjacent to a parking lot, the maximum foot candle measurement may
be exceeded provided that the increase is otherwise designed to meet the intent of
this ordinance.
(3) Light (including, but not limited to, pole lights, floodlights, wall lights, etc.) shall
have external shielding or shall be directed and angled so that no light is visible above
a 90-degree angle measured from a vertical line from the center of the lamp (i.e. shall
be a full cutoff fixture) and shall not shine onto any adjacent public right-of-way or
adjacent property.
(4) Roof illumination is not allowed.
27.26.050: Specific Uses:
(1) Architectural Accent Lighting. Fixtures used to accent architectural features,
materials, colors, style of buildings, landscaping, or art shall be located, aimed, and
shielded so that light is directed only on those features. Such fixtures shall be aimed
or shielded to prohibit light spill.
(2) Signs:
Outdoor Lighting Standards - 139
(a) Any interior lighted signs may not be lit at night when any face of the sign is
removed or damaged in such a way that the light may distract or intrude on
drivers or adjacent properties.
(b) Signs that have exterior lighting must be lit from above the sign and the light
shielded except that ground lighting may be used for ground mounted signs
with a solid base (i.e. no gaps between the sign and the framework or the
ground). In all cases lighting must be directed at the surface of the sign area.
(3) Canopy Lighting and Lighting of Service Stations:
(a) Light fixtures mounted on canopies shall be recessed so that the lens cover is
recessed or flush with the bottom surface (ceiling) of the canopy or shielded
by the fixture or the edge of the canopy so that light is restrained to 90 degrees
or less from vertical.
(b) Indirect lighting may be used where light is beamed upward and then
reflected down from the underside of the canopy. When this method is used,
light fixtures must be shielded so that direct illumination is focused
exclusively on the underside of the canopy.
(c) Lights shall not be mounted on the top or sides (fascia) of the canopy.
(d) Lights shall be fully recessed and shielded to ensure that no light source is
visible from or causes glare in the public right-of-way or adjacent properties.
(4) Outdoor Sports or Recreation Fields or Performance Areas. Lighting of outdoor
recreational facilities (public or private), such as, but not limited to, football fields,
soccer fields, baseball fields, softball fields, tennis courts, special event or show
areas, are exempt from this ordinance provided that the lights are to be used only
when the facility is in use.
(5) Flags. Flags of the United States or Montana, and flags displayed with either the
United States and/or Montana flags, may be illuminated from below provided such
lighting is focused primarily on the individual flag or flags to limit light trespass and
spill into the dark night sky.
(6) Searchlights. The operation of searchlights for any purpose other than an
emergency need is prohibited.
(7) Towers. Lighting on towers is prohibited except as required by regulations of the
Federal Aviation Administration.
27.26.060: Procedure. At the time of site plan approval by the Kalispell Site Development Review
Committee, the applicant must supply a lighting plan in accordance with these regulations
Outdoor Lighting Standards - 140
and shall demonstrate conformance with these standards. At a minimum the lighting plan
shall include:
(1) Manufacturer specifications regarding the light fixture, proposed locations,
mounting heights and direction of all exterior lighting.
(2) If the building, signage, or landscaping is proposed to be lit, relevant drawings shall
be provided showing the type, location, and direction of the light fixture.
(3) Photometric data of all parking lot lighting and other descriptive information on the
fixtures and/or a computer -generated photometric grid showing foot candle reading
every 10 feet within the property or site and 10 feet beyond the property boundaries.
27.26.070: Nonconforming Lighting:
(1) Commercial. Lighting for commercial uses including but not limited to parking lot
and building lighting that does not conform to these regulations shall be brought into
compliance with those provisions relating to full cutoff fixtures and/or lamps by
January 1, 2010. A one-year extension may be considered by the Kalispell City
Council based upon a specific hardship and upon written request.
(2) Residential. Residential lighting that does not conform to these regulations shall be
brought into compliance with those provisions relating to fixtures and lamps by
January 1, 2007.
27.26.080: Figures. The attached figures are incorporated as guidelines for public information and
enforcing this section. (Figure 11).
Outdoor Lighting Standards - 141
Figure 11: Li2htin2 Examples
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FIGURE 4
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FIGURE 4
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FIGURE e
Unshielded wlih Opaque Top
(leas than 375 tumens)
FIGURE T
Directfnnal .--10c4 Light
Outdoor Lighting Standards - 142
Figure 11: Lighting Examples Continued
What is a Truc Full Cutoff Outdoor LigUng Fixture?
Flat glass lens, eftivates or minsmim dUVA glare, no upward throw of light The housing for
these faU-es are available in many styles.
Same fixture as above mounted incorrectly — defeating the horizontal mounting design. 171e fixture
now produces direct ulsxc, and can also roroduce unh2ht at steeper mouutinl aneles.
K9 AR No
f
Known as just "Cutoff" Center "drop" or "sag" lens with or without exposed bulb, produces direct glare,
Outdoor Lighting Standards - 143
Figure 11: Lighting Examples Continued
EXAMPLES OF SOME
COMMON LIGHTING FIXTURES
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Outdoor Lighting Standards - 144
Figure It: Lighting Examples Continued
EXAMPLES F SOME
HMON LIGHTING FIXTURE
POOR
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i.
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Zoning Administrator - 145
CHAPTER 27.27
ZONING ADMINISTRATOR
Sections:
27.27.010: 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.
27.27.020: Powers and Duties. The Zoning Administrator, his assistant or designee will:
(1) Enforce the provisions of these regulations.
(2) Keep complete, accurate and secure records.
(3) Accept applications and appeals and ensure 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 Kalispell 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 Planning Department, Planning Commission or
Kalispell City Council and make periodic inspections to verify that all conditions of
such granted permits are complied with by the applicant or his agent.
(10) Receive and investigate allegations of noncompliance or violation of these
regulations and file a complaint where such allegations are based on apparent fact.
(11) Refer any matters under appeal to the Planning Commission for their action.
(12) Review applications for variances.
Zoning Administrator - 146
(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 section
27.02.030 of these regulations.
(14) Refer to the Planning Commission any appeal of the determination of the Zoning
Administrator.
(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.
27.27.030: Limitations of Power. The Zoning Administrator shall not 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.
Zoning Commission - 147
CHAPTER 27.28
PLANNING COMMISSION
Sections:
27.28.010: Creation. There is hereby created the "Planning Commission," also known as the Kalispell
City Planning Commission, for the city of Kalispell in accordance with Sec. 76-25-104,
MCA.
27.28.020: Membership. The membership of the Planning Commission shall consist of seven members
who shall be confirmed by a majority vote of the City Council. Terms of each member shall
be for a period of two years. The members of the Planning Commission shall serve without
compensation, other than reimbursement for approved budgeted expenditures incurred in
carrying out the functions of the Zoning Commission.
27.28.030: Powers and Duties. It shall be the duty of the Planning Commission to hold public hearings
where necessary and make recommendations to the City Council on all matters concerning
or relating to the land use plan and future land use map, the creation of zoning districts, the
boundaries thereof, the appropriate regulations to be enforced therein, the amendments of
these regulations, subdivision regulations, appeals pursuant to this ordinance, 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.
Board of Adjustment - 148
CHAPTER 27.29
ADMENDMENTS AND CHANGES
Sections:
27.29.010: Initiation and Amendment.
(1) The City Council may, after consideration by and on the recommendation of the
Planning Commission„ amend, supplement, or change the text of this ordinance and
the official zoning map. An amendment, supplement, or change may be initiated as
specified in Sec. 76-25-304(1)(b), MCA. Application shall be made to the Planning
Department on the appropriate application form and payment of the appropriate
application fee specified by the City Council.
27.29.020: Review of Proposed Amendment. The review process and criteria for a proposed
amendment detailed in Sec 76-25-304, MCA, shall be followed.
27.29.030: Hearing for Amendment. The Planning Commission shall hold public hearings on the
matters referred to it at which parties in interest and citizens shall have an opportunity to be
heard.
(1) Pursuant to Sec 76-25-304(2)(a), public notice and participation shall be provided in
accordance with the City's adopted public participation plan.
(2) After such hearing or hearings, the Planning Commission will make reports and
recommendations on said petition or initiation to the City Council.
(3) Based on the results of the Planning Commission hearing, the staff report and the
findings of the Planning Commission, the City Council shall by ordinance render a
decision to grant, amend or deny the requested amendment.
Board of Adjustment - 149
CHAPTER 27.30
[Reserved]
Appeals - 150
CHAPTER 27.31
APPEALS
Sections:
27.31.010: Basis of Appeal. Appeals of any final decision made under this ordinance shall be made in
accordance with Sec 76-25-503, MCA.
27.31.020: Application and Procedure.
(1) Application shall be made to the Planning Department on the appropriate application
form and payment of the appropriate application fee specified by the City Council.
(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, provided that a refund shall be allowed upon petition by the
applicant if the board rules in favor of the applicant.
(3) Processing and review of the appeal shall be pursuant to Sec 76-25-503, MCA. As
provided in that section, notice of the appeal must be published as provided in Sec
7-1-4127, MCA.
Variances - 151
CHAPTER 27.32
VARIANCES
Sections:
27.32.010: 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. The application must be for relief from land or
building form design standards.
(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. 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.
(4) The application must be submitted and considered prior to an application or in
conjunction with an application for a zoning permit. Any zoning permit relying on
the variance application shall not be issued until the variance application is approved,
approved with conditions, or denied, and the zoning permit shall be in conformance
with the determination on the variance.
27.32.020: Processing of Application.
(1) The variance request shall be reviewed and determined by the Zoning Administrator.
The Zoning Administrator's decision is final, and no further action may be taken
except as provided in Sec. 76-25-503, MCA.
(2) Public notice and comment shall be provided pursuant to Sec 76-25-305, MCA.
Pursuant to Sec 76-25-305(4), public notice and participation shall be provided in
accordance with the City's adopted public participation plan.
Variances - 152
(3) The granting of a variance must meet all of the following criteria:
(a) The variance is not detrimental to public health, safety or general welfare;
(b) The variance is due to conditions peculiar to the property, such as physical
surroundings, shape, or topographical conditions;
(c) Strict application of the regulations to the property results in an unnecessary
hardship to the owner as compared to others subject to the same regulations
and is not self-imposed;
(d) The variance will not cause a substantial increase in public costs; and
(e) The variance will not place the property in nonconformance with any other
regulations.
(4) Additional criteria may apply if the variance is associated with a floodplain or
floodway pursuant to the requirements of Title 76, Chapter 5, MCA.
(5) In approving a variance, the Zoning Administrator may impose such conditions as
are in its judgment necessary to promote the general provisions of these regulations.
(6) A variance shall be valid indefinitely, provided it is exercised within one year of the
date of issuance, or as otherwise provided for by the Zoning Administrator.
27.32.030: Appeal. A final decision relative to a variance may be appealed pursuant to Sec 76-25-503,
MCA.
Conditional Use Permits - 153
CHAPTER 27.33
CONDITIONAL USE PERMITS
Sections:
27.33.010
General Provisions
27.33.020
Application
27.33.030
Processing of Application - Full Conditional Use Permit
27.33.040
Administrative Conditional Use Permits
27.33.050
Violations and Revocation of Permit
27.33.060
Termination and Transferability
27.33.070
Denial of Application
27.33.080
Review Criteria
27.33.090
Burden of Applicant
27.33.100
Decision Based on Findings
27.33.110
Appeal
27.33.010: General Provisions.
(1) No structure, building or land shall be used, constructed, altered, moved, or expanded
where a Conditional Use Permit (as used in this section "Conditional Use Permit"
includes both a full Conditional Use Permit and an Administrative Conditional Use
Permit unless otherwise noted) is specifically required by the terms of these
regulations until a Conditional Use Permit for such use has been issued.
(2) Any use which was lawfully established prior to the adoption, extension, or
application of these regulations and which is now permitted by these regulations
subject to a Conditional Use Permit, may continue in the same manner and to the
same extent without securing a Conditional Use Permit.
(3) All changes made to Section 27.33 through Ordinance 1948 shall apply only to
conditional use permits granted after January 15, 2026.
27.33.020: Application.
(1) Application for a Conditional Use Permit shall be made by the owner of the affected
property on a form obtainable from the Zoning Administrator.
(2) The completed application and associated fee shall be submitted to the Zoning
Administrator. Said fee is not refundable.
Conditional Use Permits - 154
27.33.030: Processing of Application — Full Conditional Use Permit. An application for a
conditional use permit shall be processed and reviewed in accordance with Sec. 76-25-305,
MCA and the review criteria in this ordinance. Pursuant to Sec 76-25-305(4), public notice
and participation shall be provided in accordance with the City's adopted public participation
plan.
27.33.040: Administrative Conditional Use Permits
(1) Administrative uses fall into three categories:
(a) Designated as ACUP in the zoning district standards or otherwise provided
for in the ordinance;
(b) Up to 25% cumulative expansions of non -conforming uses (see Section
27.23.030); and
(c) Up to 25% cumulative expansions of existing CUPs.
(2) An application for a conditional use permit shall be processed and reviewed in
accordance with Sec. 76-25-305, MCA and the review criteria in this ordinance.
Pursuant to Sec 76-25-305(4), public notice and participation shall be provided in
accordance with the City's adopted public participation plan.
27.33.045: Revocation:
(1) If a conditional use for which a conditional use permit has been granted is not in
compliance with the requirements of the conditional use permit, the city may revoke
that conditional use permit.
(2) Prior to revocation, the city must send a written notice of revocation by certified mail
to the property owner and the user of the property. The revocation notice must:
(a) Identify which material misrepresentations the City believes the conditional
use permit holder made and/or which conditions the City believes the conditional
use permit holder has violated;
(b) State that the property must be brought into compliance within thirty (30)
business days of the date of the notice of revocation; and
(c) Set a hearing date for consideration of the revocation.
(3) The City Council shall be the hearing body and follow its standard hearing
procedures including, but not limited to, hearing from the conditional use permit
Conditional Use Permits - 155
holder, and any other witnesses through public comment. To revoke the conditional
use permit, the City Council must make a finding that one or more of the criteria in
Section 27.33.045(4) has been established by a preponderance of the evidence. 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 Flathead County District Court within
thirty (30) days.
(4) The City Council may revoke, suspend, or reconsider a conditional use permit if it
determines that:
(a) The information in the application or otherwise provided by the applicant or
the applicant's agent as part of the original conditional use permit approval was false
or inaccurate, whether deliberate or unintentional, and that the misrepresentation was
material to the City's decision to grant the conditional use permit;
(b) The development or use of the property is not in compliance with the
application submitted as part of the original conditional use permit approval; or
(c) The development or use of the property is not in compliance with any
condition or other requirement of the conditional use permit.
(5) As the granting of a conditional use permit is a matter of grace per Section 27.33.090,
resting in the discretion of the City and a refusal is not the denial of a right,
conditional or otherwise, the revocation, suspension, or reconsideration of a
conditional use permit shall also be a matter of grace and not a denial of a right,
conditional or otherwise.
(6) A conditional use permit revoked pursuant to this section may be reinstated at the
City Council's discretion within one year upon a showing that all requirements of
the conditional use permit are being met and that any other deficiencies have been
remedied. Should the requirements not be met and/or all deficiencies not be
remedied within one year, a new application for conditional use permit must be
submitted for review.
27.33.050: Violations. Failure to comply with the terms and/or conditions of a Conditional Use Permit
is a violation of the zoning ordinance in addition to a violation of any other applicable
ordinance or policy.
27.33.060: Termination and Transferability.
(1) The Conditional Use Permit shall not run with the lot, building, structure, or use.
When a new owner, lessee or other operator intends to continue a conditional use,
the new user must submit an administrative renewal application to the zoning
administrator verifying terms and conditions of the original grant of the conditional
use permit. If material changes related to the use of the property are proposed, the
Conditional Use Permits - 156
new user shall reapply for a new conditional use permit subject to this Chapter.
(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. An extension
request must be submitted to the Zoning Administrator, who may grant up to
two one-year extensions.
27.33.070: Denial of Application. In the event an application is denied by the Zoning Administrator,
no re -submittal of an application for a Conditional Use Permit may be made for one 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 re -submittal application
shall follow the same procedures as the original and shall be treated as a new application.
27.33.080: Review Criteria.
(1) No Conditional Use Permit shall be issued except upon a finding 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. 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. height, bulk and location of structures;
3. adequate access; and
4. the absence of environmental constraints (floodplain, slope, etc.).
Conditional Use Permits - 158
(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. loading areas;
3. exterior lighting;
4. traffic circulations;
5. open space;
6. fencing/screening;
7. landscaping; and
8. 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. garbage collection;
5. fire protection;
6. police protection;
7. streets;
8. sidewalks and bike trails; and
9. other public services.
(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;
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.
Conditional Use Permits - 158
(f) That the proposed use will not cause or contribute to a decline in property
values of adjacent properties.
27.33.090: Burden of Applicant. The burden of proof for satisfying the aforementioned criteria
considered for approval shall rest with the applicant and not the City. The granting of the
Conditional Use Permit is a matter of grace, resting in the discretion of the City and a refusal,
or revocation thereof, is not the denial of a right, conditional, or otherwise. Should any
information or representation submitted in connection with a conditional use permit be
incorrect or untrue, the approval based thereon may be rescinded, and other appropriate
action taken.
27.33.100: Decision Based on Findings. Every decision of the City pertaining to the granting, denial,
or amendment of a request for a Conditional Use Permit, or the revocation of a conditional
use permit, shall be based upon "Findings of Fact", and every finding of fact shall be
supported in the record.
27.33.110: Appeal. A final decision relative to a conditional use permit may be appealed pursuant to
Sec 76-25-503, MCA.
Additional Requirements for Specific Conditional Uses - 159
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.005 Applicability to Permitted Uses
27.34.010 Animal Hospitals, Pounds, Kennels, Animal Shelter, and Veterinary Clinics
27.34.020 Bed and Breakfast
27.34.040 Casinos
27.34.050 Day Care Centers — 13 or more individuals
27.34.060 Dwellings, Multi -family
27.34.070 Electrical Distribution Stations
27.34.080 Extractive Industries
27.34.087 Marijuana Cultivation, Dispensaries, and Manufacturing
27.34.090 Mini -Storage, Recreation Vehicle Storage
27.34.100 Sexually Oriented Business
27.34.110 Transmission Towers and Cellular Communication Towers, Equipment and Facilities
27.34.005: Applicability to Permitted Uses. Whenever any use listed in this chapter is provided for
as a permitted use in a zoning district or within any Planned Unit Development, the specific
requirements for the use listed in this chapter shall apply even if a conditional use permit is
not required.
27.34.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, and Veterinary Clinics
(1) Household animals (specifically dogs and cats) boarded overnight should be kept in
climate -controlled, sound -proofed buildings.
(2) 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.
(3) No partially or fully enclosed structure or fenced open area (runs, pens, etc.) used to
confine animals shall be closer than 100 feet to any property line.
27.34.020: Bed and Breakfast.
(1) The Conditional Use Permit shall specify the number of rental rooms and total
number of guests permitted in the facility.
Additional Requirements for Specific Conditional Uses - 160
(2) The bed and breakfast uses shall be limited to the principal structure and not extend
to any accessory structure.
(3) Room rentals shall not exceed fourteen consecutive days.
(4) The bed and breakfast facility must maintain an up-to-date guest register.
(5) The owner(s) of the dwelling or the manager of the facility 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.
(6) 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.
(7) The residential structure shall not be significantly modified to provide additional
sleeping rooms or exhibit a non-residential appearance except for signage as
provided under Chapter 27.22.
(8) 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 non -boarding customers is permitted. No alcoholic
beverages shall be sold on the premises.
(9) No people, other than the residents of the dwelling may be employed or otherwise
assist in the operation of a bed and breakfast facility.
27.34.040: Casinos
(1) Casinos shall be a minimum of 600 feet from churches, schools, parks, city
residential zones, federal highway, and other casinos, measured from property line
to property line, or from the right-of-way of a federal highway.
(2) Accessory casinos may be located closer than 600 feet from churches, schools, parks,
city residential zones, federal highway, and other casinos, measured from property
line to property line or from the right-of-way of a federal highway. An accessory
casino shall meet the requirements of this section.
(3) A casino is considered accessory to a primary use if the primary use (e.g. restaurant
or bar, but not shopping center or other multi -use designation) and its associated
facilities constitute at least 80% of the proposed floor space and the casino constitutes
Additional Requirements for Specific Conditional Uses - 161
no more than 20% of the proposed use. In addition, an accessory casino is generally
shielded or screened from view of the primary use and patrons.
(4) The following design standards as appropriate may be placed on either a casino or
an accessory casino:
(a) Limiting or prohibiting the on -premise signage or building from using the
following:
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words
commonly associated with gaming.
3. Any words, terms, figures, artwork, or features intended or designed
to attract attention to the fact that a casino is on site.
4. Neon Lighting.
(b) Limiting the number and location of entrances into the casino.
(c) Increasing landscaping requirements in order to create a buffer between the
casino and adjacent land uses.
27.34.050: Day Care Centers — 13 or more individuals.
(1) Where outside recreation facilities are provided, a minimum four -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.
(2) 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;
(c) Preference is given to day care centers located on collector or arterial streets;
and
Additional Requirements for Specific Conditional Uses - 162
(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.
27.34.060: Dwellings, Multi -family.
(1) All multi -family dwellings shall provide pedestrian access from the main entrance(s)
of the building(s) to the right-of-way.
(2) For multi -family dwellings with five or more units (including common developments
which contain five or more units), one of the following shall be provided:
(a) 500 square feet of land per unit which has recreational value for the residents;
(b) Recreational amenities equivalent to the fair market value of 500 square feet
of undeveloped land per unit;
(c) Equivalent funds payable to the city of which 50% will be used for
maintenance and 50% towards the development of neighborhood facilities
in the immediate vicinity; or
(d) A combination of any of the above.
(3) Fair market value of land for the purpose of these regulations is the value of
unimproved land after it has been annexed and given municipal zoning designation.
Satisfactory evidence of fair market value shall be demonstrated by either of the
following:
(a) An appraisal report conducted by a Montana State licensed general real estate
appraiser prepared within one (1) year of the date of building permit
application.
(b) The sale price of the property being developed documented by a purchase
and sell agreement or other executed contract, if it was purchased within one
(1) year of the date of the building permit application, provided the property's
zoning designation remains unchanged and sale was an arm's length
transaction.
Additional Requirements for Specific Conditional Uses - 163
27.34.070: Electrical Distribution Stations. When located within an R, RA, or B 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 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.
(3) 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.
27.34.080: 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.
(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 am and 5 pm. Off-street parking areas adequate for all employee
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 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 10% or greater and two feet in areas where slope is less than
10%.
Additional Requirements for Specific Conditional Uses - 164
(b) The plan for the 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
authorized 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.
27.34.087: Marijuana Cultivation, Dispensaries, and Manufacturing.
(1) A marijuana dispensary or any facility engaged in marijuana cultivation or
manufacturing shall be located a minimum of 300 feet from churches, schools,
parks, and city residential (R or RA) zones, measured from property line to
property line.
27.34.090: 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 and to collector and arterial streets.
Landscaping shall consist of a variety of hardy evergreen materials consisting
of trees, low-, medium-, and high -profile shrubs, together with suitable
Additional Requirements for Specific Conditional Uses - 165
ground cover such as native grasses, bark, ornamental gravel, or a
combination thereof.
(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 26 feet wide.
(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) Any use other than storage is prohibited. 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.
(i) The exterior architecture of the structures shall be designed to conceal the
industrial and storage use of the property. The design shall also focus on
neighborhood compatibility, particularly along collector and arterial streets.
27.34.100: Sexually Oriented Business.
(1) A sexually oriented business shall not be located within 1,000 feet of any of the
following:
(a) A church;
(b) A public or private elementary or secondary school;
Additional Requirements for Specific Conditional Uses - 166
27.34.110:
(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:
(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.
Transmission Towers and Cellular Communication Towers, Equipment and Facilities.
(1) 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.
(2) 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 equipment and structures when located adjacent to a residential
district;
(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;
Additional Requirements for Specific Conditional Uses - 167
(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 FAA (Federal Aviation Administration) lighting
requirements for aviation safety;
(g) That the structure/tower be camouflaged to blend in with the surrounding
environment;
(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;
(j) 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; and
(1) A freestanding tower shall be setback from the right-of-way line(s) a distance
equal to the height of the tower.
(3) 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.
Administrative Adjustments - 168
CHAPTER 27.35
ADMINISTRATIVE ADJUSTMENTS
Sections:
27.35.010 Intent
27.35.020 Authority
27.35.030 Procedure
27.35.040 Standards Subject to Administrative Adjustment
27.35.050 Criteria
27.35.060 Additional Criteria Related to Specific Standards
27.35.070 Termination and Transferability
27.35.010: Intent. The intent of this chapter is to provide administrative relief in the form of minor
deviations from specific requirements under this code. The administrative relief is to be
provided upon a showing by an applicant that certain circumstances exist which are
beneficial to the community to design around rather than strictly applying the code. Only
those sections specifically listed are eligible for relief, and only upon the appropriate
showing.
27.35.020: Authority. The Zoning Administrator is authorized to review and approve,
conditionally approve, or deny an application for an administrative adjustment in
accordance with this chapter.
27.35.030: Procedure.
(1) An applicant shall submit a completed application form and fee to the Zoning
Administrator.
(2) After reviewing the application for compliance with this code and in particular with
the criteria listed in this chapter, the Zoning Administrator shall approve,
conditionally approve, or deny the application.
(3) The Zoning Administrator may grant a lesser modification than the maximum
allowed by this chapter.
Administrative Adjustments - 169
27.35.040: Standards Subject to Administrative Adjustment.
Standard
Allowable Modification
Height limits for buildings (contained in
10%
development standards for each zoning
district)
Building setbacks (contained in
20%
development standards for each zoning
district)
Required setback for parking spaces
30%
(Section 27.24.030(2))
Minimum required number of parking
10%
spaces (Section 27.24.050)
27.35.050: Criteria. Administrative adjustments shall be approved upon a finding that the applicant
has met the following criteria:
(1) General. The request is consistent with the character of development in the
surrounding area and will not result in incompatible uses.
(2) Mitigates Adverse Impacts. Any adverse impacts resulting from the adjustment will
be mitigated to the maximum extent practicable.
(3) Technical Nature. The request is of a technical nature (i.e. relief from a dimensional
or design standard) and is based on three or more of the following:
(a) Required to compensate for some unusual aspect of the site or the proposed
development that is not shared by landowners in general;
(b) Supporting an objective or goal from the purpose and intent statements of the
zone district where located;
(c) Proposed to provide improved architectural appearance or site design;
(d) Proposed to save healthy existing trees (recommendation to be provided by
the parks department based upon age, caliper, condition, and value); or
(e) Proposed to maintain the historic integrity of a structure which is on, or is
eligible to be on, the historic registry.
Administrative Adjustments - 170
(4) Does Not Substantially Interfere with Adjacent Land. The request will not
substantially interfere with the convenient and enjoyable use of adjacent lands and
will not pose a danger to public health or safety.
27.35.060: Additional Criteria Related to Specific Standards.
(1) Height Limits. An adjustment to building height is allowable when the additional
height is necessitated by a specific function of the building or constraint of the site.
The height shall not exceed the standards set forth for additional height permitted by
conditional use permit.
27.35.070: Termination and Transferability.
(1) The Administrative Adjustment shall:
(a) run with the lot, building, structure, or use;
(b) shall not be affected by changes in ownership; and
(c) terminate 18 months from the date of approval if commencement of the
authorized activity has not begun unless otherwise stated in the approval; and
(2) The Administrative Adjustment may be extended by the Zoning Administrator for
an additional 12 months if it is demonstrated that the applicant has made a continuous
good faith effort to commence the approved development.
Enforcement - 171
CHAPTER 27.36
ENFORCEMENT
Sections:
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 subject to penalties as a municipal infraction
pursuant to Chapter 1, Article II of the Kalispell City Code. Each day of continued violation
shall constitute a separate, additional violation. The Zoning Administrator or his authorized
agent is hereby authorized to enforce the City of Kalispell Zoning Ordinance by issuing a
civil citation.
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 (a) prevent
such unlawful erection, maintenance, or use; (b)restrain, correct, or abate such violation; (c)
prevent the occupancy of such building, structure or land; (d) prevent an illegal act, conduct,
business, or use in or about such building, structure or land; or (e) prevent, enjoin, abate, or
remove an unlawful building, use, occupancy, or act. In addition to penalties as a municipal
infraction, remedies may include, but are not necessarily limited to, an injunction,
mandamus, abatement, or any other appropriate action provided for in law.
27.36.030: Procedure Prior to Seeking Civil Penalties. Prior to seeking civil penalties against a
property owner, the owner shall be provided with a written notice, by mail or hand delivery,
of each ordinance violation. The notice shall be provided to the address of the owner of
record on file in the office of the county recorder. The notice shall provide a reasonable
opportunity to cure the noticed violation and include a schedule of the civil penalties that
may be imposed for failure to cure the violation before expiration of a time certain.
Definitions - 172
CHAPTER 27.37
DEFINITIONS
Sections:
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 constructed 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 act of intentionally and permanently giving up, surrendering,
deserting or relinquishing property, or a property right. In regard to a use, it is 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, such as actively pursuing in good faith the sale of lease
of a property as a continuation of the existing use.
(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/Structure. A detached subordinate building/ structure situated
on the same lot with the principal building/structure and used for an accessory use.
(4) Accessory Dwelling Unit. A self-contained living unit on the same parcel as a
single-family dwelling of greater square footage that includes its own cooking,
sleeping and sanitation facilities and complies with or is otherwise exempt from any
applicable building code, fire code, and public health and safety regulations adopted
pursuant to Title 50, Chapter 2, M.C.A.
(5) Accessory Use. A subordinate use of a building, other structure, or use of land:
Definitions - 173
(a) Which is clearly incidental to the primary use of the principal building, other
structure, or use of land; and
(b) Which is used customarily in connection with the principal building, other
structure, or use of land; and
(c) Which is located on the same zoned lot with the principal building, other
structure, or use of land.
(6) Agriculture. The use of land for agricultural, horticultural 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.
(7) Airport. 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 and/or helicopters, including
all necessary taxiways, aircraft storage and tie -down areas, hangars and other
necessary buildings and open spaces.
(8) 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.
(9) Alteration. 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.
(10) Arterial. A street having the primary function of moving traffic and secondary
function of providing access to adjacent land. Arterials generally carry relatively
large volumes of traffic. Arterials have two to four lanes of traffic and provide limited
access to abutting property.
(11) Assembly — Heavy. The fitting or joining of parts of a mechanism by means of
fasteners, nuts and bolts, screws, glue, welding, or other similar technique which may
include the construction, stamping, or reshaping of any of the component parts.
Heavy assembly may generate noise, vibration, smoke, or odors outside of the
structure housing the activity or off -site. Activity may occur both indoors and
outdoors.
Definitions - 174
(12) Assembly — Light. 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 activity usually occurs indoors.
(13) Assembly halls/stadiums/convention hall facilities. An open, partially enclosed, or
fully enclosed facility used or intended to be used primarily for spectator sports,
entertainment events, expositions, and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas, and amphitheaters.
(14) Athletic Club. A facility designed for the major purpose of physical fitness which
includes, but is not limited to, such equipment as weight resistance machines,
whirlpools, saunas, showers, swimming pools and lockers.
(15) Auction Yards, Livestock. Any sale where livestock is sold by an auctioneer in an
outdoor setting.
(16) Automobile Sales and/or Repair. An area, other than a street, used for the display,
sale or repair of new or used automobiles, boats, RVs, motorcycles, or trailers,
whether inside a structure or in an outside area.
(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 or Vehicle Body Shops. A facility which provides collision repair
services, including, but not necessarily limited to, welding, body frame straightening,
replacement of damaged parts, and painting.
(19) Automobile Service Station. Any building or premises used primarily for the retail
sale of gasoline and lubricants, but which may also provide for the incidental
servicing of motor vehicles including grease racks, tire repairs, battery charging,
hand washing of automobiles, sale of merchandise and supplies related to the
servicing of motor vehicles and minor replacements, but excluding body and fender
work, engine overhauling, painting, welding, storage of automobiles not in operating
condition or other work involving noise, fumes, glare or smoke.
(20) Automobile Wrecking/Salvage. 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.
(21) Bakery. An establishment primarily engaged in the retail sale of bakery products,
but which may involve the production of baked goods for off -site sales.
Definitions - 175
(22) Banks and Financial Institutions. An establishment that is open to the public and
primarily engaged in the receipt, disbursement of exchange of funds and currencies,
and that performs closely related functions such as making loans, investments, and
fiduciary activities.
(23) Barber and Beauty Services. Includes barber shops, hair styling, salons, nail care,
hair removal, ear piercing, and other such similar businesses.
(24) Bars and Taverns. An establishment whose primary activity is the sale of alcoholic
beverages to be consumed on the premises.
(25) Bed and Breakfast. "Bed and Breakfast" means a single-family dwelling with a
resident family or manager 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) Billboard. A standard outdoor advertising sign no larger than 288 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.
(27) Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination
thereof used to physically and visually separate one use or property from another in
order to mitigate the impacts of noise, light, or other nuisance.
(28) Buildable Width. The distance between the required side setbacks (or side and side
corner setbacks) of a lot. (Figure 13)
Filzure 13: Building Width, Building Frontage, and Building Line
0
m
LOT LINE
rear yard setback
I I
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AI
building
W WI line
z I I
� �I I-
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—----------f---�
I ----- building frontage -----� I
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r----------- buildable width----------�j
— — — — — — ` Y — — — — — —
front a d setback
sidewalk
STREET
W
z
0
is
Definitions - 176
(29) 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.
(30) Building Frontage. The maximum width of a building measured in a straight line
parallel with the abutting street, or, if the abutting right-of-way is a curved line,
parallel with a line tangent to the property line at its midpoint. (See figure 13 above)
(31) Building Height, Maximum. The maximum allowable vertical distance from the
undisturbed ground level at the eave line of the building to a plane that is parallel
with that undisturbed ground at the highest point of the roof or parapet wall. Variable
slopes would require multiple planes to be established. (Figure 14)
Figure 14: Building Height, Maximum
Measuring building height
building height measured
from natural grade to
highest point on roof
- natural grade
Maximum allowable building height
maximum
building height
(32) Building Line. The line of that face, corner, roof or part of a building nearest the
property line. A building line shall be established parallel to the property line which
that side of the building faces or, if the abutting right-of-way is a curved line, parallel
with a line tangent to the property line at its midpoint. (See figure 13 above)
(33) Business. 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.
Definitions - 177
(34) Campground. Any area or 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).
(35) Canopy Structure. Any overhead protective structure which is constructed in such
a manner as to allow pedestrians/vehicles to pass under.
(36) 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.
(37) 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.
(38) Catering Establishment. An establishment in which the principal use is the
preparation of food and meals on the premises, and where such food and meals are
delivered to another location for consumption.
(39) Change of Use. The replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change of ownership, tenancy, or
management where the previous nature of the use, line of business, or other function
is substantially unchanged.
(40) 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.
(41) Clear Vision Triangle. As defined by City of Kalispell Ordinance No. 940A., it is
an area established within a triangular area formed by the intersection of the center
lines of the adjoining streets and a straight line connecting points on such center lines
eighty feet from such intersection, in which the height of landscaping and vegetation
is limited. (Figure 15)
Definitions - 178
Figure 15: Clear Vision Triangle
RIGHT OF WAY-
line
M
C)
x
$d, - Centerline o
Clear Vision Triangle
(42) 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.
(43) Collector. A street or road having the equally important functions of moving traffic
and providing access to adjacent land. Collector streets have two traffic lanes and
two parking lanes.
(44) Commence. To start or begin; in relation to a project, "commence" means taking
active steps towards starting a project, as opposed to intentions, and includes, but is
not necessarily limited to, good faith efforts to secure financing, finalize plans,
acquire additional permits necessary for construction, site preparation/construction,
and/or actually beginning operation of the business/use. See also: abandonment.
(45) Commercial. Any activity conducted with the intent of realizing a profit from the
sale of goods or services to others.
(46) Community Center. A place, structure, area, or other facility used for and providing
religious, fraternal, social, or recreational programs. It is not operated for profit and
generally open to the public and designed to accommodate and serve the community.
(47) 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
Definitions - 179
the exact location with reference to surroundings, streets and existing improvement
or demands upon public facilities, requires a special degree of control to make such
uses consistent with and compatible to other existing or permissible uses in the same
zone or zones.
(48) Condominium. An estate in real property consisting of an undivided interest in
common in a portion of a parcel of real property, together with a separate interest in
the space in a residential, industrial, or commercial building on such real property
such as an apartment, office, or store.
(49) Contractor's Storage 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.
(50) 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. 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.
(51) Density. The number of dwelling units per gross acre in any residential
development.
(52) Detached. A building/structure surrounded on all sides by open space.
(53) Developed Properties. A lot upon which a principal structure is located upon or a
lot that is developed for its intended use (e.g. parking lot or park.)
(54) Discontinued Sign. A sign which no longer identifies or advertises a bona fide
business, service, product or activity on the property where it is located.
(55) District, Use. 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.
(56) Dwelling. A building used for human residential purposes. (See also: Residential)
(57) Dwelling, Duplex. A 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. "Structurally joined" means a substantial
Definitions - 180
structural connection with a roof and other features. "Structurally joined" shall not
include such improvements as decks, patios, architectural embellishments, below -
grade connections, or other connections not involving a substantial roof connection.
(Figure 16) (See also: Residential)
Figure 16: Dwelling, Duplex
r— — — — — — — — — properly line — — — — — — — — — — I
Duplex Unit 1
Duplex Unit 2
AV
m
a
m
a
Q
a
Q
a
L — — — — — — — — — properly line ---------J
(58) 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. (See also: Residential)
(59) Dwelling, Single -Family. A building designed with living quarters for occupancy
by one household only, and containing one dwelling unit on a lot. A single-family
dwelling includes a dwelling unit in which residents rent a private bedroom with a
shared kitchen and bathroom facilities. (See also: Residential)
(60) Dwelling, Townhouse. Ownership of a parcel of land with an attached single-family
dwelling unit that is connected with one or more similar dwelling units but separated
from the other similar dwelling unit(s) by a common party wall having no doors,
windows or other provisions for human passage or visibility. In order to be
considered a townhouse as opposed to another dwelling type, such as a duplex or
multi -family dwellings, each of the attached dwelling units must have (a)
independent water and sewer service lines and metering pursuant to the applicable
Definitions - 181
plumbing code and any other city regulations; and (b) a two-hour fire wall separating
the unit from any adjoining units. (See also: Residential)
(61) Dwelling Unit. One or more rooms designed for or occupied by one household for
living or sleeping purposes and containing kitchen and bathroom facilities for use
solely by one household. All rooms comprising a dwelling unit shall have access
through an interior door to other parts of the dwelling unit. (See also: Residential)
(62) Dwelling Unit, Accessory. See Accessory Dwelling Unit.
(63) Energy Production. Any facility or installation such as a windmill, hydroelectric
unit or solar collecting which is designed and intended to produce energy from
natural forces such as wind, water, sunlight, or geothermal heat, or from biomass, for
primarily off -site use.
(64) Enlarged. For structures, additions which increase the square footage of the
structure; for uses, expansion of services offered or an increase in the square footage
of the building or lot occupied.
(65) Environmental Factors. Physical characteristics such as streams, rivers, hills,
ponds, wetlands and high ground water which affect development of the land. This
includes but is not limited to slopes in excess of 30%, the 100-year floodplain and
critical wildlife habitat.
(66) 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.
(67) Factory -Built Housing. A factory assembled structure intended for residential use
that (a) is equipped with the necessary service connections but not made to be readily
movable as a unit or units; (b) is designed to be used with a permanent foundation;
and (c) is not certified by the United States Department of Housing and Urban
Development but meets in the inspection requirements of Title 50, Chapter 60, Part
4 of the Montana Code Annotated.
(68) Fairgrounds. An area wherein buildings, structures, and land area used for
agricultural -related offices, animal shows and judging, carnivals, circuses,
community meetings, recreational uses, concerts, food booths and stands, games,
rides, rodeos, sales and auctions, and similar uses. Public fairgrounds also may
include temporary recreational vehicle parking and camping if done in conjunction
with a sponsored event.
Definitions - 182
(69) 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.
(70) Fixture. The assembly that holds a lamp and may include an assembly housing, a
mounting bracket or pole socket, a lamp holder, ballast, a reflector or mirror, and a
refractor or lens.
(71) Floodplain. The areas subject to the City of Kalispell Floodplain Management
Ordinance, generally the channel of a river or stream and the area adjoining a river
or stream, which would be covered by floodwater of a base flood except for
designated shallow flooding areas that receive less than one foot of water per
occurrence. The floodplain consists of a floodway and a floodway fringe.
(72) Food Bank. An establishment operated by a non-profit entity for the distribution of
groceries to the general public for free.
(73) Food Processing — Heavy. The preparation, processing, or canning and packaging
of food products. Associated preparation, processing, canning or packaging of food
may generate noise, vibration, smoke, or odors outside of the structure housing the
activity or off -site.
(74) Food Processing — Light. The preparation, processing, or canning and packaging
of food products. Associated preparation, processing, canning or packaging of food
would typically not generate noise, vibration, smoke or odor outside of the structure
housing the activity.
(75) Forest Products and Manufacturing. An establishment which utilizes wood in
conjunction with mechanical or chemical transformations to create new wood
products such as boards, veneers, particle board and fiber board for construction
purposes.
(76) Four Sided Architecture. Design of a building to create a street view design
elements to all sides of a building.
(77) Frontage. The length of the property line of any one premise along a public right-
of-way on which it borders.
(78) Frontage, Lot. The distance for which the front boundary line of the lot and the
street line are coincident.
(79) Garage. 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
Definitions - 183
vehicles owned or operated by the occupants of the main building or buildings and
which does not exceed 1,000 square feet in size.
(80) Gateway Entrances. A street, typically an arterial street, that is one of the main
thoroughfares into and out of the city as identified on the Kalispell Land Use Plan
Future Lane Use Map.
(81) Glare. Direct light emitted by a luminaire that causes reduced vision or momentary
blindness.
(82) Golf Course. A tract of land laid out for playing a game of golf and improved with
tees, greens, fairways, and hazards. A golf course may include a clubhouse (which
may include a restaurant, bar and limited retail), restrooms, driving range, and
shelters as accessory uses.
(83) Grade. The average level of the finished ground surfaces surrounding a structure,
within a distance of 20 feet.
(84) Greenhouses, Nursery, Landscaping Materials. An establishment where flowers,
shrubbery, vegetables, trees, and other horticultural and floricultural products are
grown both in open and enclosed buildings and includes the storage and sale of dirt,
rocks, bark, mulch and similar complimentary materials for the landscaping and
growing of flowers, shrubbery, vegetables and trees.
(85) Gross Acreage. The entirety of the area within the boundaries of the proposed
development properties.
(86) Gross Area. The area of a lot including all private accessways, roadway and/or alley
easement within the lot boundaries.
(87) Group Home. A residential facility for eight or fewer persons (as a protected use
under state law) or for nine or more 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). This
definition also includes a youth foster home, a kinship foster home, a youth shelter
care facility, a transitional living program, or youth group home as further defined in
Section 52-2-602 MCA; a halfway house operated in accordance with regulations of
the department of public health and human services for the rehabilitation of
alcoholics or drug dependent persons; a licensed adult foster family care home; or an
assisted living facility licensed under Section 50-5-227 MCA.
(88) Heavy Equipment, Sales and Service. The sale and repair of large equipment
including but not limited to: trucks with greater than a one and one-half ton rating,
Definitions - 184
cranes, crawler -type tractors, earth movers, dump trucks, and other equipment of
equal or greater size and weight.
(89) Heavy Industrial. Industrial uses and services that include the processing of raw
materials (timber, wood chips, minerals, gravel, etc.) and use yards or out buildings
for the storage and manipulation of the raw materials. Uses include, but are not
limited to, mills, refineries, crushing facilities, stamping facilities, etc. These uses
are often, but not always, associated with by-products.
(90) 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.
(91) Homeowner's Park. A park which has been dedicated as part of a subdivision for
the primary use by the property owners within the subdivision, and is maintained
through private funds provided from annual fees paid to the homeowner's
association. A homeowner's park may include a community center.
(92) Hotel/Motel. A building, containing five or more individual sleeping rooms or
suites, each having a private bathroom attached thereto, for the purpose of providing
overnight lodging facilities to the general public for compensation with or without
meals, excluding accommodations for employees. Where a hotel/motel 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. However, any use
classified as a "casino" shall be considered to be a separate principal use on the
property and shall be subject to the appropriate regulations under this ordinance.
(93) Interior Lot Lines. The common boundary line between two or more adjoining lots
under common ownership.
(94) Kennel, Animal Shelters. The boarding, breeding, raising, grooming, or training of
five or more dogs, cats, or other household pets of any age not owned by the owner
or occupant of the premises, and/or for commercial gain. Doggie day -cares and
similar uses are included within this definition.
(95) Laboratories, Tech Research, Development and Testing. A building or group of
buildings in which are located facilities for scientific research, development, testing,
assembly, repair, and manufacturing such as: biotechnology, pharmaceuticals,
medical instrumentation or supplies, communications and information technology,
electronics and instrumentation, and computer hardware and software. Office,
Definitions - 185
warehousing, wholesaling, and distribution of the finished products produced at the
site are allowed as part of this use.
(96) Lamp. The component of a luminaire that produces the light.
(97) Land Use Plan. A general long-range plan which guides development and growth
of the city and is officially adopted by the Kalispell City Council.
(98) Landfills. A lot or portion thereof used for the burial of non -hazardous and non-
medical farm, residential, institutional, commercial, or industrial waste.
(99) Landscaping. Some combination consisting primarily 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 plants for landscaping purposes shall be arranged in a harmonious
manner compatible with the building and its surroundings.
(100) Light Emitting Surface. Any part of a fixture (lamp, diffuser) which emits light
rays.
(101) 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.
(102) Light Pollution. General sky glow caused by the scattering of artificial light in the
atmosphere, much of which is caused by poorly designed luminaire.
(103) Light Shield. Any attachment which interrupts and blocks the path of light emitted
form a luminaire or fixture.
(104) Light Source. A single artificial point source of luminescence that emits measurable
radiant energy in or near the visible spectrum.
(105) Light Trespass. Light emitted by a luminaire that shines beyond the boundaries of
the property on which the luminaire is located.
(106) Loading Space. A space or berth used for the loading or unloading of cargo,
products, or materials from vehicles.
Definitions - 186
(107) 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.
(108) 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.
(109) Lot Coverage. The total area of a lot covered by the principal and accessory
buildings, or structures including any area occupied by overhangs or roofs and any
attachment to a building or structure, but excluding (a) open decks less than 30 inches
in height. (Measured from grade to top of the platform); and (b) an eave extending
up to two feet from the exterior wall of the building or structure.
Figure 17: Lot Types and Setbacks
LOT TYPES AND SETBACKS
When property lines along a street
are equal, the front is based on the
prevailing Custom an the block.
STREET
R Wool
frontV.
V
CORNER $ INTERIOR $ $ I
I
less than 200' deep
leer
side —
CORNER
S
less than 200' deep
INTERIOR f I THROUGH
LU aide FLAG 2
CORNER
THROUGH
CORNER u
INTERIOR I
I
I
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CUL-DE-SAC
A
fraM front
9 CORNER
INTERIOR
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When side property lines meet at a paint, the rear properly line
I
J
INTERIOR
Is an assumed line t0' long, lying within the lot, which Is parallel
to a Tina tangent to the frard property line at ns midpoird.
rear
(Setback Is measured from assumed rear properly line.)
(110) Lot, Flag. An irregularly shaped lot typified by being almost entirely land -locked
and having limited access and/or no direct frontage. Access to a public or private
street is typically by an extended strip of land either deeded or by easement. For
development setbacks, the property boundary abutting a public or private street shall
be the front of the lot with the associated front setback; all other lot line setbacks
shall adhere to the rear setback requirement of the district.
Definitions - 187
(111) Lot, Interior. A lot fronting on one street. (See Figure 17 above)
(112) Lot, Length. The length (or depth) of a lot shall be:
(a) If the front and rear lines are parallel, the shortest distance between the lines.
(b) 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.
(c) 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 feet long lying along the
rear of the lot but still wholly within the lot.
(113) Lot Line. (See Figure 17 above)
(a) Lot, Front — The front property line of a lot shall be determined as follows:
I . 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.
2. Interior Lot— The front property line of an interior lot shall be the line
bounding the street frontage.
3. 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 200 feet deep shall be considered,
for the purpose of this definition, as two lots each with its own
frontage.
(b) Lot, Rear — The rear property line is that lot line opposite of 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 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 feet long, lying within the lot and parallel to a line tangent
to the front property line at its midpoint. Where a corner lot has been altered
through subdivision or boundary line adjustment resulting in a lot with
frontage on the street and a property line along an alley, the rear property line
Definitions - 188
shall be deemed to be that property line which would have been the rear
property line prior to the alteration.
(c) Lot, Side — The side property lines of a lot are those lot lines connecting the
front and the rear property lines of a lot.
(d) Lot, Side Corner— On a corner lot, it is the remaining street frontage after the
front lot line has been determined.
(114) 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". (See figure 17 above)
(115) 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.
(116) Luminaire. The complete lighting system, including the lamp and the fixture.
(117) Manufactured Home.. A dwelling for a single household, built offsite in a factory
that is in compliance with the applicable prevailing standards of the United States
Department of Housing and Urban Development at the time of its production. A
manufactured home does not include a mobile home or housetrailer as defined in
Section 15-1-101, M.C.A.
(118) Manufacturing — Heavy. The manufacturing of products from raw or unprocessed
materials, where the finished product may be combustible or explosive. This
category shall also include any establishment or facility using large unscreened
outdoor structures such as conveyor belt systems, cooling towers, cranes, storage
silos, or similar equipment that cannot be integrated into the building design, or
engaging in large-scale outdoor storage. Any industrial use that generates noise,
odor, vibration, illumination, or particulate that may be offensive or obnoxious to
adjacent lands uses, or requires a significant amount of on -site hazardous chemical
storage shall be classified under this land use. Heavy manufacturing may generate
noise, vibration, smoke, or odors outside of the structure housing the activity or off -
site. Activity may occur both indoors and outdoors.
(119) Manufacturing — Light. An establishment engaged in the indoor manufacturing,
assembly, fabrication, packaging or other industrial processing of finished parts or
products, primarily from previously prepared materials where such process would
not typically generate noise, vibration, smoke or odor. Typically, all manufactured
fabricated parts and the final assembled or packaged 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.
Definitions - 189
(120) Marijuana. Marijuana means all plant material from the genus Cannabis containing
tetrahydrocannabinol (THC) or seeds of the genus capable of germination. It does
not include hemp, including any part of that plant, including the seeds and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not
more than 0.3% on a dry weight basis, or commodities or products manufactured
with hemp, or any other ingredient combined with marijuana to provide topical or
oral administrations, food, drink, or other products. The term also does not include
a drug approved by the United States Food and Drug Administration pursuant to
Section 505 of the Federal Food, Drug, and Cosmetics Act, 21 U.S.C. 301, et seq.
(121) Marijuana cultivation. A use operated by a person licensed by the State of Montana
to (a) plant, cultivate, grow, harvest, and dry marijuana; and (b) package and relabel
marijuana produced at the location in a natural or naturally dried form that has not
been converted, concentrated, or compounded for sale through a licensed dispensary.
(122) Marijuana dispensary. A licensed premises from which a person licensed by the
State of Montana may (a) obtain marijuana or marijuana products from a licensed
cultivator, manufacturer, dispensary, or other licensee approved by the State; and (b)
sell marijuana or marijuana products to registered cardholders, adults that are 21
years of age, or both.
(123) Marijuana manufacturing. A use operated by a person licensed by the State of
Montana to convert or compound marijuana into marijuana products, marijuana
concentrates, or marijuana extract and package, repackage, label, or relabel
marijuana products.
(124) 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.
(125) Maximum sign area allowance. The total amount of sign area permitted for a lot.
(126) Media (newspaper, radio, TV). Establishments primarily engaged in the provision
of broadcasting, electronic or printed publications containing information and
editorials on current events and news of general interest.
(127) Media, towers and facilities (accessory). A tower, pole, or similar structure that
supports a telecommunications antenna operated for receiving or transmitting
communication signals in the day to day operations of a media company. Such tower,
pole, or similar structure shall be located on the same lot as the media company
utilizing such equipment.
Definitions - 190
(128) Micro -Brewery, Brew Pub and Mini -Brewery. A brewery where the total amount
of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year
and is licensed in accordance with state law.
(129) Mini-Storage/Recreational Vehicle Storage. Storage facilities intended primarily
for domestic usage and generally do not exceed 400 square feet per unit.
(130) Moved. The physical act of transporting a structure from one location on a lot to
another location on the same lot or from one lot in the city to a different lot in the
city.
(131) Nameplate. A non -electric on -premise identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants.
(132) Neighborhood. Less than city-wide in scale. Typically this would be an area of one-
half (1/2) mile, but not more than one mile, in radius which has a set of unifying
characteristics such as housing style or quality, similar income strata, economic
livelihood, topographic features, local recreational facilities or convenience
shopping. Residents would normally be within walking distance of basic
convenience services. Factors such as a railroad and highway rights -of -way, major
streets, rivers and severe topographic constraints will form boundaries and serve to
separate neighborhoods.
(133) NITS. Visible light intensity commonly used to specify brightness of a LCD
computer display. One nit is equivalent to one candela per square meter.
(133) Nonconforming. A condition that occurs when, on the effective date of adoption of
this code or a previous ordinance or on the effective date of an ordinance text
amendment or rezoning, an existing lot, structure, building, sign, development, or
use of an existing lot or structure does not conform to one or more of the regulations
currently applicable to the district in which the lot, structure, building, sign,
development, or use is located.
(134) Office — Medical with Limited Overnight Stay. A facility other than a hospital
where human patients may be lodged overnight for up to five days for examination
and treatment by a group of physicians or other health care professionals.
(135) Office, Professional/Governmental. An office for the use of a person or persons
generally classified as professionals, such as architects, engineers, attorneys,
accountants, doctors, dentists, chiropractors, psychiatrists, psychologists, and the
like (but wherein no overnight care for patients is given). 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
Definitions - 191
knowledge of the mental discipline as distinguished from training in occupations
requiring mechanical skill or manual dexterity or the handling of commodities.
(136) Office Zoning Map. The map delineating the boundaries of zoning districts which,
along with the zoning text, comprises the zoning ordinance.
(137) Off -Street Loading Berth. A space, exclusive of driveways, aisles, maneuvering
areas, ramps, and landscaping areas for the temporary parking of a commercial
vehicle while loading or unloading goods or materials, and which abuts upon a street,
alley, or other appropriate means of access.
(138) Off -Street Parking. Parking facilities for motor vehicles on other than a public
street or alley.
(139) Open Space. Any part of a lot unobstructed by structure(s) 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.
(140) Pack and Ship Shops. A small, primarily retail establishment which, in addition to
selling supplies for mailing and shipping, would accept packages for shipping
through private carriers. A public post office is not a pack and ship shop.
(141) Parent Lot. In instances where sublots are created, the parent lot is defined as the
land within the exterior boundaries of those sublots which are intended to have
adjoining structures and intended to be developed with townhouse -style construction
with no setbacks along the interior sublot lines within the parent lot. Setbacks and
other property development standards are applied to the external boundaries of the
parent lot.
(142) Parking lot. Any area used for the parking of one or more motor vehicles or used
for the display or storage of one or more motor vehicles, trailers, or other similar
items.
(143) Parks. A noncommercial, not -for -profit facility designed to serve the recreation
needs of the residents of the community. Such facilities include mini parks,
neighborhood parks, community parks, large urban parks, regional parks, and special
use areas, linear parks and open spaces, all as described in the Parks and Recreation
Comprehensive Master Plan. Such facilities may also include, but shall not be limited
to, ball fields, football fields, soccer fields, and pools/spray parks if they meet the
above definition. Public parks may include temporary (one week or less) recreational
vehicle parking and camping if done in conjunction with a sponsored event and at no
charge. Commercial amusement facilities, such as water slides, go-cart tracks, and
Definitions - 192
miniature golf courses and passive open spaces shall not be considered parks. (See
also: Homeowner's Park)
(144) Permanent. Having attachment to the ground through the use of a footing and
foundation system in conformity with existing building codes.
(145) Permanent Residence. An individual's primary place of abode.
(146) 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.
(147) Person. For the purposes of this chapter, any individual, corporation, association,
firm, partnership, or similarly defined interest.
(148) Photographic Studios. An establishment primarily engaged in the business of
taking and processing photos, typically with a room designed for portrait sessions,
as distinguished from a retail store which would process photos taken by a customer.
(149) Platted Lot Lines. Lot lines established through the subdivision process.
(150) Point of Purchase Display. Advertising of a retail item accompanying its display,
e.g., an advertisement on a product dispenser.
(151) Pre -Release Center. Pre-release centers are community based correctional facilities
operated by either the State or non-profit Montana corporations under contract with
the Department of Corrections. The facilities provide supervision, counseling,
assistance in locating employment, life skills training, and guidance. They function
as a component of the State correctional system.
(152) 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.
(153) Principal Structure. The main structure on a property which would typically house
a principal use.
(154) Print and Copy Shops. An establishment primarily engaged in the business of
providing services related to photocopying, printing, and production of documents
for individual customers, as opposed to larger scale printing/publishing operations.
(155) Property Development Standards. Standards general relating to bulk and
dimensional requirements which govern the development of land and/or structures.
Definitions - 193
(156) Quasi -Public. 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.
(157) Rail Industrial Park. A subdivision with uses directly served by railroad and each
individual sub -use is listed as a permitted or conditionally permitted use within the
zone where the subdivision sits.
(158) Reader Board. Any sign which is designed to intermittently change copy, whether
electronically, manually, or by changing panels. In relation to electronic reader
boards, this definition encompasses any sign that uses changing lights to form a sign
message or messages wherein the sequence of messages and rate of change is
electronically programmed and can be modified by electronic processes.
(159) Reconstructed. The rebuilding of a structure in such a manner and to such an extent
as to substantially replace the existing structure.
(160) Recreational Area, Indoor. A commercial recreational land use conducted entirely
within a building, including, but not necessarily limited to, an arcade, bowling alley,
gymnasium, pool or billiard hall, skating rink, swimming pool, or tennis court.
(161) Recreational Area, Outdoor. Predominantly participant uses conducted in open or
partially enclosed or screened facilities. Typical uses include driving ranges, go-
karts, miniature golf, swimming pools, and tennis courts.
(162) 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 and is not intended for permanent or year-round habitation.
(163) 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 (i.e. 180 days or less) living
quarters for recreational camping or travel purposes. (See also: Campground).
(164) Repairs and Maintenance. The repair or replacement of fixtures, wiring, roofing,
plumbing, or structural components not exceeding 25% of the replacement value of
the building or structure.
(165) Replacement Permit. In relation to billboards, it is a permit issued to anyone who
permanently removes a lawfully existing billboard which allows the installation of a
new billboard at the same or different location.
Definitions - 194
(166) Residential. Regularly used by its occupants as a permanent place of abode, which
is made one's home as opposed to one's place of business and which has
housekeeping and cooking facilities for its occupants only. In situations where a
dwelling is rented or leased, a residential use would involve lease periods of one
month or more unless the provisions of Section 27.20.095 relating to short term
residential rental standards are met.
(167) Residential Care Home or Facility. A facility that provides for long-term residence
with one or more of the following types of care: 24-hour per day substitute care, food,
lodging, training, education, supervision, habilitation, rehabilitation, and treatment
they need, but which for any reason cannot be furnished in the person's own home.
(168) Restaurant. Any land, permanent building, structure or portion thereof, where food
is provided for sale for consumption on the premises for three 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.
(169) Retail. 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, groceries, furniture, garden supplies, hardware, toys,
paint, shoes, sporting goods, wall and floor coverings, jewelry, electronics, 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 27.18 shall not be deemed retail businesses for the purpose of this
ordinance.
(170) Retail, Limited. A retail use limited to a specified list provided in the ordinance.
(171) Right -of -Way. Any road or street maintained and used for access and travel. A
right-of-way includes not only the constructed roadway, but also the entirety of the
strip of land acquired by reservation, dedication, prescription, or condemnation, or
otherwise set aside, for purposes of the right-of-way. A right-of-way may be either
private (not publicly owned and maintained) or public.
(172) Right -of -Way Line. The lines that form the boundaries of the right-of-way.
Definitions - 195
(173) Road. See "Street."
(174) Safe Houses. A safe house is typically operated as a community based non-profit
organization intended to stop abuse in the family environment by providing crisis
intervention, shelter services for abuse victims, counseling, advocacy and education
without regard to gender, age, race or economic status. The safe house will typically
operate on a 24 hour basis providing victims of domestic violence and their children
a refuge from their abusers.
(175) School, Commercial. A building where instruction is given to pupils in arts, crafts
or trades, and operated as a commercial enterprise as distinguished from K-12
schools and college/universities endowed and/or supported by public taxation, or
similar private institutions. This category of use would also include such forms of
instruction as music lessons, martial arts studios and dance studios.
(176) Scrap Processing Yard (Recycle/Metal Yard). Outdoor establishments primarily
engaged in assembling, breaking up, sorting, and the temporary storage and
distribution of recyclable or reusable scrap and waste materials, including auto
wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale
or retail sales of parts from those vehicles. Includes light and heavy processing
facilities for recycling.
(177) Service Area. An outdoor area on a lot primarily used for loading, waste disposal,
deliveries, and/or similar activities.
(178) Setback. The horizontal distance required between any structure (i.e. the furthest
extension of the structure, typically an eave line or deck, except as otherwise
specifically allowed under this ordinance) and a lot line. This distance is to be
measured at right angles to the lot line. The setback line shall be parallel with the lot
line.
(179) 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 similar facilities.
(180) Shelter. A facility operated by a public or private parry wherein the temporary
boarding of the transient, homeless, or indigent is provided as a public service to
satisfy a demonstrated public need.
(181) Shielded. In relation to light fixtures, shielded means a solid or opaque covering
made of metal, plastic, or similar material which creates a full cut-off fixture by
blocking light emitting from above a 90 degree angle.
Definitions - 196
(182) Shooting and Archery. The use of an outdoor area (outdoor) or a structure (indoor)
for archery and/or the discharging of firearms for the purposes of target practice or
temporary competitions.
(183) Shopping Center. One or more buildings containing at least three separate
businesses planned, developed and managed as a unit, with off-street parking
provided on the property.
(184) Showroom. 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.
(185) Sign. Any device, structure, fixture, attractant, object, holographic, projected or
electronic image, lighting or placard using graphics, symbols, and/or written copy
designed specifically for the purpose of advertising or identifying any establishment,
product, goods, or service.
Figure 18: Sign Types
Roof Sign
Wall Sign Freestanding
Projecting Sign
Sign
sidewalk
Definitions - 197
_LROOf Si
gn
Canopy Sign IL
(a) Banner. A sign made of fabric or any non -rigid material with no enclosing
framework.
(b) Campaign and election. For the purposes of this ordinance, a temporary
sign used in connection with a local, state, or national election or ballot
measure.
(c) Canopy. 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. (Figure 18)
(d) 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.
(e) 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.
(f) Freestanding and Groud Signs. A sign supported upon the ground by poles
or braces and not attached to any building. A sign attached to a fence or
freestanding wall shall be considered to be a freestanding sign. (Figure 18)
(g) Government or Traffic Sign. Any temporary or permanent sign erected and
maintained by the city, county, state or federal government for traffic
Definitions - 198
direction or for designation of or direction to any school, hospital, historical
site, or public service, property, or facility.
(h) 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.
(i) 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.
(j) Inflatable. A sign displayed as part of a display inflated with air or other
gas, such as a balloon or inflatable character.
(k) Interior Window Signs. Signs mounted on the inside of a building window
or displayed in a manner so as to be visible through such a window. (Figure
18)
(1) Marquee Sign. Any sign attached to or supported by a marquee structure.
(Figure 18)
(m) 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.
(n) Political Sign. For the purposes of this ordinance, a temporary sign used in
connection with a political issue.
(o) 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; reader boards; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs attached to,
placed on 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. (Figure 19)
(p) 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. (Figure 18)
Definitions - 199
(q) Real Estate Sign. A temporary sign advertising the real estate upon which
the sign is located as being for rent, lease, or sale.
(r) Roof. Any sign erected over or on the roof of a building. (Figure 18)
(s) Sandwich board. An advertising or business ground sign constructed in
such a manner as to form an "A" or a tent -like shape, hinged or not hinged at
the top. (Figure 19)
(t) Snipe Sign. A temporary sign or poster affixed to a tree, fence, etc.
(u) Subdivision Identification Sign. A freestanding or wall sign identifying a
recognized subdivision, condominium complex, or development.
(v) Subdivision Sales. A sign erected in conjunction with the initial sale of lots
within a subdivision.
(w) Temporary Sign. A sign not constructed or intended for long-term use.
(Figure 19)
Figure 19: Sign Tvpes (Temporary Signs)
Banner Sign
Portable
Sign
Definitions - 200
d�i0i
SOO
Po0rd
Sion
typically
wire or
lathe
inserted
in ground
Temporary
Sign
(x) Wall Sign. A sign attached parallel to and extending not more than 18 inches
from the wall of a building. This definition includes painted, individual letter,
and cabinet signs, and signs on a mansard. (Figure 18)
(186) Sign, Area of.
Figure 20
sign Message
Face b p
Here
--------- - a------
Sign Area =axb '
Sign
Height
Grade
The area of the sign shall be measured as follows:
(a) The area around and enclosing the perimeter of each cabinet, module, or other
signage shall be summed and then totaled to determine total area. The
perimeter of measurable area shall not include embellishments such as pole
Definitions - 201
covers, framing, decorative roofing, etc., provided that there is not written
advertising copy on such embellishments. (Figure 20)
(b) The area of each cabinet, module, or other signage shall be within a single,
continuous perimeter composed of straight lines which encloses the extreme
limits of the advertising message.
(187) Sign Face. A side of the sign upon which advertising copy is placed. A sign face
may have multiple cabinets or modules. A double-faced sign is typically comprised
of two parallel faces oriented in opposite directions, but would refer to any sign with
an angle of 30 degrees or less. Signs with an angle of more than 30 degrees are
considered a single face. (Figures 20 and 4)
(188) Sign Height. The vertical distance measured from the highest point of the sign,
including decorative embellishments, to the surface grade beneath the sign. (See
figure 20)
(189) Sight Obscuring. In relation to fences and landscaping, sight obscuring means the
creation of a visual buffer between adjoining uses, or between a use and a right-of-
way.
(190) Site Built Home. A residential structure constructed on the lot where it is intended
to be permanently located.
(191) Small Engines. Engines generally associated with lawnmowers, motorcycle engine,
outboard motors, chain saws, tillers and the like. Does not include automobile
engines.
(192) Stacking Space. A place designed for cars to temporarily wait while in a drive -
through lane. Vehicles in stacking spaces typically are left running with the driver
remaining in the vehicle.
(193) Storage Containers. Any factory -built container or part thereof designed or used
for freight or storage and includes Conex boxes and sea -land containers. Conex
boxes are lockable box -like containers designed for use by businesses to ship
supplies overseas. Sea -land trailers are semi -truck trailers with detachable
undercarriages that can be stacked for ship or rail transport.
(194) Storage Warehouse/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.
(195) Streaming Video. In relation to signs, streaming video means the use or moving
video images as signage or as part of a display.
Definitions - 202
(196) Street. A public or private thoroughfare which affords the principal means of access
to abutting properties.
(197) 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.
(198) Structural Alterations/Modifications. 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.
(199) Structural Expansion. Any work which results in the enlargement of a structure's
height, footprint, cubic content, or other measurement of size.
(200) Sublot. A portion of a platted lot designed for separate ownership from other
portions of the lot and used for townhouse or other construction that has separate
ownership of parcels. Areas of common ownership to be utilized as open space,
setback areas, or for other purposes are not considered to be sublots.
(201) Tattoo Parlor. A commercial use involving the marking of skin of persons with a
design by a process of pricking or ingraining an indelible pigment or by raising scars,
or similar method. A tattoo parlor would also involve body piercing on any body part
below the neck, as opposed to beauty services.
(202) Telecommunication Companies and/or Radio Common Carriers. A company
that provides wireless services. As used in this subsection, "carrier" shall also
include companies that build telecommunications towers and lease tower space to
carriers.
(203) Telecommunication Towers and Cellular Communications Towers. A tower,
pole, or similar structure that supports a telecommunications antenna operated for
commercial purpose above ground in a fixed location, freestanding, guyed, or on a
building or other structures, as distinguished from accessory media towers and
facilities.
(204) Temporary. For the purposes of these regulations, temporary shall mean a limited
period of time, generally less than 180 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.
Definitions - 203
(205) Truck Terminal. Any premises used by a motor freight company as a carrier of
goods, which is the origin or destination point of goods being transported, for the
purpose of storing, transferring, loading, and unloading goods.
(206) 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.
(207) Use District. (See District, Use)
(208) Utilities (Primary Distribution Site). A public or quasi -public service performing
some public service and subject to special governmental regulations, or a
governmental agency performing similar public services. Such services would
typically include, but are not limited to, water tanks, electric substations, and TV
cable antenna farms. This category is not intended to cover utility lines, lift stations,
and other standard minor infrastructure components.
(209) Utility Storage Yards and Associated Offices. Open spaces used for the storage
of machinery, equipment, materials, and supplies used by the utility, and offices used
in support of the utility company.
(210) Veterinary Clinic, Large Animals. 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. the boarding of hospitalized animals, but excluding the boarding
of animals not subjected to medical or surgical treatment.
(211) Veterinary Clinic, Small Animals. A building or premises for the medical or
surgical treatment of small animals or pets, including dogs and cats but not livestock
or other large animals. This category includes the boarding of hospitalized animals,
but excludes the boarding of animals not subjected to medical or surgical treatment.
(212) View -Obscuring. (See Sight -obscuring)
(213) Warehousing and Distribution. A use where goods are received and/or stored for
delivery to the ultimate customer at remote locations.
(214) Woodworking Shops, Mill Work. An establishment, relatively small in scale,
where furniture or other items made primarily of wood are constructed through
manual labor (with or without the use of power tools) as opposed to larger scale
operations, particularly those using automated equipment.
(215) 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
Definitions - 204
structures, and unobstructed by structures, except as otherwise provided in this
ordinance. (See also: Lot line)
(216) Yard, Required. The minimum dimension of a front, side, rear, or side corner yard
as established by the use regulations for each district.
(217) Zero Lot Line. In relation to sublots, zero lot line means that there is no required
setback from the interior sublot boundaries within the parent lot.
Appendix A- 205
ANGLED
c
PARALLEL
v
O
APPENDIX A
FIGURE A -I
MINIMUM PARKING LOT REQUIREMENTS
PERPENDICULAR
c
121
e e & f
m
c
`m
a
0
Q.
4" wide paint stripe o 4" wide paint stripe
a wheel
3 stop
c 2Sc v
b Parking Section Width
d Aisle Width
e Curb Length Per Car
f Car Stall Width
TURNING
CLEARANCES
- 18'
Inside
Turning Radius
e N
.0-0
o
N,�-
Appendix A- 206
FIGURE A-2
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
101
TWO WAY TRAFFIC
le
a Parking Angle e
b/b' Parking Section Width f
c/c' Parking Bank Width
d Aisle Width
b'
Curb Length Per Car
Car Stall Width
bI
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'
51'
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 A- 207
FIGURE A-3
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
ONE WAY TRAFFIC
b b'
c d c c' d c'
Ie
a Parking Angle a Curb Length Per Car
b/b' Parking Section Width f Car Stall Width
c/c' Parking Bank Width
d Aisle 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-
51'
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'
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