Ordinance 1513 - Zoning Text Amendment - Creation of Sublots in Townhouse DevelopmentsORDINANCE NO. 1513
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1460), BY CLARIFYING THE CREATION OF
SUBLOTS IN TOWNHOUSE DEVELOPMENTS AND PROVIDING CONSISTENCY IN
THE TREATMENT OF RESIDENTIAL USES IN COMMERCIAL ZONING DISTRICTS,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Zoning Administrator has submitted a written request to amend
various sections of the Kalispell Zoning Ordinance, by clarifying the creation of
sublots in townhouse developments and providing consistency in the treatment of
residential uses in commercial zoning districts, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Tri-City Planning Office after having been evaluated under
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended to clarify the creation of sublots
and to provide consistency in the treatment of residential uses in commercial zoning
districts, and
WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-04-4 as the Findings of Fact applicable to this
Ordinance.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1460, is hereby
amended as follows on Exhibit "A", attached hereto and thereby made a part
hereof.
SECTION IL All parts and portions of Ordinance No. 1460 not amended hereby remain
unchanged.
SECTION III. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 20TH DAY OF SUTEMBER, 2004.
Pamela
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
KALISPELL ZONING ORDINANCE TEXT AMENDMENT
The Kalispell City Planning Board is recommending to the Kalispell City Council that they approve the
following amendments to the Kalispell Zoning Ordinance:
ZONE
PERMITTED USE
CONDITIONAL USE
R-1
Dwelling, townhouse (configuration of
2 or more attached units
R-2
Dwelling, townhouse (configuration of
2 or more attached units
R-3
Dwelling, townhouse (configuration. of
2 or more attached units)
R-4
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units
R-5
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
RA -I
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
RA-2
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units
RA-3
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
H-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
B-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units
B-2
Dwelling, townhouse (configuration of
2 or more attached units
B-3
Dwelling, townhouse (configuration of
2 or more attached units) *residential
use not presently allowed; see below
rcgarding general housekeeping
B-4
Dwelling, townhouse (configuration of
2 or more attached units)
The above zones are included because they allow multifamily dwellings and/or cluster
developments. If not appropriate for the given zone, adjustments can be made. In addition to
those amendments, Section 27.22.130 should also be amended, and a definition for "sublot"
should be developed:
27.22.130: SubIots. Dwellings may be constructed on sublots within any zoning district,
which permits multi -family dwellings, er cluster housing or townhouse dwellings.
Sublots are subject to subdivision approval and, if required, a conditional use
permit.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot whose
area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by dividing
the gross area of the platted lot by the density limits of the
applicable zoning district. In the event that the design utilizes
common ownership of common areas, the area of the lotL) plus the
common area shall be divided by the density limits of the applicable
zonin district to determine the allowable number of sublots. In no
case, however, shall a sublot have an area less than 2,000 square
feet nor more than one dwelling unit thereon.
(2). Building Limitations. The yard, height, and area requirements of the district
shall apply to the entire area of the platted lot. Common ownership of the
setback are yards is eneettfaged permitted. Shared interior property
boundary(ies) is anticipated to be developed at a zero lot line.
27.37.01.0: (233) Sublot. A portion of a platted lot designated for separate ownershipfrom
rom
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.
GENERAL HOUSEKEEPING (RESIDENTIAL USES)
Finally, several of the "B" zones include residential uses, but the format is not consistent with the
"R" and "RA" zones. "Multifamily dwellings" in the B-2, for example, are listed and "dwellings,
multifamily" are listed in the "RA" zones. The following amendments are recommended
B-2. Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
Delete: Multi -family dwellings
B-3: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
B-4: Delete: Dwellings, Multi -family above first story
jSuperfluous -- no reason to remain unless intended to not allow
multi -family above first story in other zones}