1. Ordinance 1702 - Zoning Regulations Updates - 1st ReadingPlanning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: PJ Sorensen, Kalispell Planning Dept
Jane Howington, City Manager
SUBJECT Update of Zoning Ordinance (Tabled on October 3, 2011)
MEETING DATE: October 17, 2011
BACKGROUND: At the City Council meeting on October 3, there was some discussion regarding
the best boundaries for an area to allow sidewalk signs. After that meeting, staff reviewed possible
boundaries and sought input from the Planning Board. The Board reviewed various options and
unanimously recommended an area from Center to 5th Street on the north/south, and from the alleys
between lst and 2nd Avenues on the east/west. The Board felt that these boundaries struck the best
balance between providing a "spark" in the core downtown area where buildings are typically built
with zero setbacks and opening it up too much in areas where businesses have other options for
signage which are not readily available in the core area. A map showing the area is attached.
Current Proposed Language
27.22.050(g): On Main Street between Center Street and 5th Street, 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.
Alternative Language
O N4a4,, cIE — <, -or,er- c, fee afl c�'-SteettIn the area bounded by Center Street on
1. 5d' Street on the South. the allev between I" and 2nd Avenues West on the west_ and the
St and 2nd Avenues East on the east A-frame/sandwich board signs within the public
right-of-way are permitted under the following conditions:... .
(A map of the area will be included in the ordinance for reference)
COMMENDATION: A motion to remove the proposal from the table would be in order.
FISCAL, EFFECTS: Approval of the request would have minimal fiscal effect to the city.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
L l
PJ Sorensen ane Howington
Kalispell Planning Dept City Manager
Report compiled: October 10, 2011
c: Theresa White, Kalispell City Clerk
EV-93 wo 10 1 ox., V4, V re) . r." I WIKI
F
SAME.
WHEREAS, the City of Kalispell submitted a written request to update the Zoning Regulations for
the purpose of updating and revising the current Zoning, Regulations; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department and evaluated pursuant to the
terms of 76-3-504, Montana Code Annotated; and
WHEREAS, on August 9,2011, the Kalispell City Planning Board and Zoning Cominission held a
duly noticed public hearing and upon receiving no written and oral evidence from the
public, made its recommendation to the Council that the Zoning Regulations be
amended to incorporate those changes as set forth in Exhibit "A"; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the
transmittal from the Kalispell City Planning Board and Zoning Commission and
hereby adopts the findings presented in Kalispell Planning Department report KZTA-
11 -1 as the Findings of Fact as support for the enactment of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Regulations are hereby amended to read
as set forth in Exhibit "A", attached hereto and incorporated fully
herein by this reference.
SECTION 11. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION 111. 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 7TH DAY OF NOVEMBER, 2011.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
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27.29.020: Investigation of Amendment. Upon initiation of an amendment by the City Council
or the Zoning Commission, or upon petition from a property owner, the Zoning
Commission shall cause to be made such an investigation of facts bearing on such
initiation or petition as will provide necessary information to assure that the action of
each such petition is consistent with the intent and purpose of this title.
When considering an application for amendment to the official zoning map, the
Zoning Commission and City Council shall be guided by and give consideration to
the following:
(1) Whether the new zoning was designed in accordance with the growth policy.
(2) streets.
Whether the new zoning will effect motorized and nonmotorized
transportation systems.
(334) Whether the new zoning will secure safety from fire-,-pamc—, and other
dangers.
(45) Whether the new zoning will promote pqblic health, public safety and the
general welfare.
(ag) Whether the new zoning wgl-pfincludes the reasonable provision of
adequate light and air.
(b-) Whether the new zoning will facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements.
(140) Whether the new zoning gives consideration to the character of the district
and its pardeu ep culiar suitability of the property for particular uses.
(i3-4) Whether the new zoning was adopted with a view of conserving the value of
prepeAy buildings.
(94-2) Whether the new zoning will encourage the most appropriate use of land
throughout the municipality.
Staff Comment: This first amendment simply reflects language updated by the state legislature
regarding factors to be considered when assigning a zoning designation to a piece of property.
It does not significantly change the substance of the factors and is really more of a
modernization of old language contained in the state's 1940s era enabling law.
ADJUSTING R ELECTRONIC READER
BOARDS ,iDS AS SUGGESTED BY A REPRESENTATIVEO
MANUFACTURING INDUSTRY:
(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. n""¢al sign ,: hA k4 tj
Bri htness
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.
Bloc MEMMON
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= TiTi . III I IIL��
IIIIIIIL Imo'
(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 :7,000 NITS 0.3 foot candles above ambient light
as measured from one hundred feet from the display -and that the intensity
level is protected fromvfid-user manipulation by password -protected
software or other method as deemed appropriate by the Planning Department.
Staff Comment: This amendment adjusts how we measure light intensity of electronic reader
boards. When we updated the ordinance last year, some limitation on light intensity was
considered important. We found several examples of a NIT measurement which was in use in
other areas. However, we were contacted by a representative from a national sign manufacturer
with an alternative suggestion. Instead of using NITs, which are difficult to set and measure, a
standard of 0.3 footcandles above ambient light is a relatively easy setting in the programming
on the reader boards, and is a reasonable limitation that adequately displays the message
without excessive brightness. Staff checked with local sign installers and confirmed that
information. Also, many of the other jurisdictions with the NIT standard are changing to the
footcandle measurement for similar reasons.
I r.
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.
(2) Standards for accessory uses and structures. The following is a list of
restrictions on accessory uses and structures:
(d) Accessory structures shall be limited to no more than 1000 square
feet in size.
Staff Comment: The third amendment involves accessory structures such as detached garages.
Our current standards limit the size of such structures to 1000 square feet, but does so through
language in the definitions. Over the course of the last year, it became apparent that we should
include the limitation in the main text for purposes of clarity.
(4)
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.
(10) Any temporary or portable sandwich board signs or other portable signs
located on public sidewalks or in the public right-of-wayexcept as otherwise
provided in this chapter.
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:
(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.
3. 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.
W. On Main Street between Center Street and 5`" Street, A-
frameJsandwich 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.
(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.
Staff Comment_ The fourth amendment addresses temporary signs on Main Street. Generally,
the city only allows temporary signs (e.g. sandwich -board signs) with a temporary sign permit
that is limited to 14 consecutive days every six months. As with most signs, those types of
signs cannot be placed in the right-of-way. On Main Street, where buildings are typically built
up to the property line, businesses do not have a location to put a sign that meets that standard.
The only place they can put them is on the public sidewalk. The problem with the sidewalk
boils down, in large part, to liability. The City Attorney has discussed the matter with our
insurance carrier. Simply allowing such signs on the public sidewalk presents a major liability
issue that would substantially impact the city. That problem could be remedied if insurance
coverage for the city is provided by another organization, such as the Business Improvement
District, or by individual property owners. Additionally, since Main Street is an MDOT right-
of-way, the state may need to approve the placement of signs in its right-of-way. When the
matter was reviewed previously, MDOT specifically stated that it would not support an
amendment allowing the signs.
At the planning board work session, the board viewed the possibility of temporary signs on
Main Street as a positive development to support the downtown. If the liability issue can be
satisfactorily resolved and the program is acceptable to MDOT, this amendment could help
boost the downtown core area.
PLANNING FOR THE FUTURE
September 13, 2011
Jane Howington, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Re: Kalispell Zoning Ordinance Amendments — KZTA 11-1
Planning Department
2011" avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.conVplanning
The Kalispell City Planning Board met on August 9, 2011, and held a public hearing to consider a
request by the City of Kalispell for a text amendment to update and revise five sections of the zoning
ordinance.
PJ Sorensen of the Kalispell Planning Department presented staff report #KZTA-11-01 providing
details of the proposal and the evaluation. The proposed revisions were as follows: (1) update
standards for zoning map amendments to better reflect current state law; (2) adjusting light intensity
standards for electronic reader boards as suggested by a representative from the sign manufacturing
industry; (3) clarify the maximum size of accessory structures by stating the maximum size in the text
rather than in the definitions; (4) change the process for group homes (8 or fewer persons) to require
a public notice and public forum before the planning board, but otherwise allowing the homes as a
permitted use; and (5) providing for temporary signs on the sidewalk on Main Street between Center
Street and 5`b Street.
No one spoke at the public hearing. During discussion, a motion to amend the proposal by
eliminating the change relating to group homes passed on a 6-0 vote (the intent of the vote was to
leave the current approach to group homes unchanged). The proposal as amended was forwarded to
the Council with a positive recommendation on a 6-0 vote. Please schedule this matter for the
October 3, 2011, regular city council meeting. You may contact this board or Tom Jentz at the
Kalispell Planning Department if you have questions regarding this matter.
Sincerely,
Kalispell City Planning Board
` f �'r"'Le
� Htnchey
President
Attachments: Staff Report #KZTA-11-01 and supporting documents
Draft minutes from the 8/9/2011 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA- 11 -1
AUGUST 9, 2011
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for a text amendment to the Kalispell Zoning Ordinance to update
and revise five sections of the zoning ordinance. A public hearing has been scheduled
before the Planning Board for August 9, 2011, beginning at 6:00 PM in the Kalispell
City Council Chambers. The Planning Board will forward a recommendation to the
Kalispell City Council for final action
Last year, the city completed a comprehensive update to the zoning ordinance. As
part of a continuing effort to make the ordinance user-friendly and current with
changes in state law, staff has compiled a short list of minor amendments to the
ordinance for review. The proposals were discussed at a work session with the
Planning Board on June 14. They are now being brought forward for a public hearing
and formal review.
A. Petitioner: Jane Howington, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7703
B. Area Effected by the Proposed Changes: Any property within the jurisdictional
boundaries of the City of Kalispell may be affected by the proposed changes.
C. Proposed Amendments:
(1) UPDATE SECTION 27.29.020 RELATING TO STANDARD FOR ZONING MAP
AMENDMENTS TO BETTER REFLECT CURRENT STATE LAW:
27.29.020: Investigation of Amendment. Upon initiation of an amendment by the City
Council or the Zoning Commission, or upon petition from a property owner, the
Zoning Commission shall cause to be made such an investigation of facts bearing
on such initiation or petition as will provide necessary information to assure that
the action of each such petition is consistent with the intent and purpose of this
title.
When considering an application for amendment to the official zoning map, the
Zoning Commission and City Council shall be guided by and give consideration to
the following:
Page 1 of 8
(1) Whether the new zoning was designed in accordance with the growth
Policy.
(2) .
Whether the new zoning will effect motorized and nonmotorized
transportation systems.
(4) Whether the new zoning will secure safety from fired and other
dangers.
(5) Whether the new zoning will promote up blic health, public saietX and the
general welfare.
(8) Whether the new zoning TT4U-xpfev4de includes the reasonable provision of
adequate light and air.
(9) Whether the new zoning will facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements.
(10) Whether the new zoning gives consideration to the character of the district
and its partioular peculiar suitability of the property for particular uses.
(11) Whether the new zoning was adopted with a view of conserving the value
of prepeAy buildings.
(12) Whether the new zoning will encourage the most appropriate use of land
throughout the municipality.
Staff Comment: This first amendment simply reflects language updated by
the state legislature regarding factors to be considered when assigning a zoning
Page 2 of 8
designation to a piece of property. It does not significantly change the substance
of the factors and is really more of a modernization of old language contained in
the state's 1940s era enabling law.
STANDARD(2) ADJUSTING THE LIGHT INTENSITY FOR ELECTRONIC
READER BOARDS AS SUGGESTED BY A REPRESENTATIVE FROM THE
SIGN RIINDUSTRY:
(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. n;fa1 ^ *®»�;¢• ®, oa, 4__ +r ® �
^M ';
. 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.
Daytime
Mghtfime
Red-Qn1y
3_1
i 15
reeftjQfAy
6300
22-5-0
ib�
4690
4474
FL�ler
7-000
2508
(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 disblav and that the
intensity level is protected from ea4-user manipulation by password -
protected software or other method as deemed appropriate by the Planning
Department.
Staff Comment: This amendment adjusts how we measure light intensity of
electronic reader boards. When we updated the ordinance last year, some
limitation on light intensity was considered important. We found several
examples of a NIT measurement which was in use in other areas. However, we
were contacted by a representative from a national sign manufacturer with an
alternative suggestion. Instead of using NITS, which are difficult to set and
measure, a standard of 0.3 footcandles above ambient light is a relatively easy
setting in the programming on the reader boards, and is a reasonable limitation
that adequately displays the message without excessive brightness. Staff
Page 3 of 8
checked with local sign installers and confirmed that information. Also, many of
the other jurisdictions with the NIT standard are changing to the footcandle
measurement for similar reasons.
27.20.020: Accessory Uses. In addition to any penmitted or conditionally permitted
principal uses, accessory uses and structures are permitted as set forth in this
section.
(2) Standards for accessory uses and structures. The following is a list of
restrictions on accessory uses and structures:
(d) Accessory structures shall be limited to no more than 1000 square
feet in size.
Staff Comment: The third amendment involves accessory structures
such as detached garages. Our current standards limit the size of such
structures to 1000 square feet, but does so through language in the
definitions. Over the course of the last year, it became apparent that we
should include the limitation in the main text for purposes of clarity.
�: ) � . / ; !;. • 1. i �, # , 201111
Chapters 27.04, 27.05, 27.06, 27.07, 27.08, 27.09, 27.10, 27.11, 27.12, 27.13, and 27.14,
plus Appendix B (Table of Uses Allowed By Zone), will be amended. The amendments
will remove "Group Home — 8 or Fewer Persons" as a conditional use and include "Group
Home — 8 or Fewer Persons" as a permitted use with a footnote with a cross-reference to
a new section in the Supplemental Regulations chapter (Chapter 27.20). The new section
will be as follows:
Section 27.20.055: Group Homes — 8 or fewer persons. Prior to initiating the use
public notice shall be provided accordingto o the provisions relating to conditional use
Page 4 of 8
permits. The planning board shall then hold a public forum for the purposes of receiving
public comment and discussion only. The planning board shall not provide a
recommendation or vote to approve/deny the use. No action b the he city council shall be
taken.
Staff Comment: The fourth amendment relates to group homes with 8 or
fewer persons. Processing conditional use permits for group homes is an
inherently awkward process. While we currently require a public hearing and
approval of a conditional use permit by city council, state law does not allow the
city to deny a permit for a licensed group home. Other similar types of homes
are often protected under federal housing laws and pose similar problems. One
approach which may help alleviate the situation is to approach group homes in a
manner similar to agency exemption claims (when an agency of the state plans to
use land in a manner contrary to a local zoning ordinance). In that process, the
local jurisdiction holds a public forum for the purpose of notifying the
surrounding property owners and obtaining comments. Once the forum is held,
no action is taken. It is simply an opportunity to comment without any
recommendations, approvals, or votes on any level - staff, planning board, or city
council. The advantage to the public forum is that it provides an opportunity for
the neighborhood to get a better understanding of what is happening, and an
opportunity for the group home operator to hear concerns from the neighbors
and, hopefully, find ways to mitigate those concerns.
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.
(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.
27.22.050: 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:
(c) Temporary signs are allowed in association with commercial and
industrial uses for special events such as grand openings or special
Page 5 of 8
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.
3. 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.
(g). On Main Street between Center Street and 51h Street, A-
frame/sandwich board signs within the public right-of-way are
permitted under the following_ conditions:
1. Only one single or double -sided sien is bermitted ner lot:
2. A minimum 5 foot wide pathwav 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 ma by e displayed from 8:00 a.m. to 9:00 p.m.:
6. Insurance covera e is provided in a manner to be reviewed
and approved by the City Attorney
and
7. A permit is obtained from the zoning administrator.
(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.
Page 6 of 8
Staff Comment: The fifth amendment addresses temporary signs on Main
Street. Generally, the city only allows temporary signs (e.g. sandwich -board
signs) with a temporary sign permit that is limited to 14 consecutive days every
six months. As with most signs, those types of signs cannot be placed in the
right-of-way. On Main Street, where buildings are typically built up to the
property line, businesses do not have a location to put a sign that meets that
standard. The only place they can put them is on the public sidewalk. The
problem with the sidewalk boils down, in large part, to liability. The City
Attorney has discussed the matter with our insurance carrier. Simply allowing
such signs on the public sidewalk presents a major liability issue that would
substantially impact the city. That problem could be remedied if insurance
coverage for the city is provided by another organization, such as the Business
Improvement District, or by individual property owners. Additionally, since Main
Street is an MDOT right-of-way, the state may need to approve the placement of
signs in its right-of-way. When the matter was reviewed previously, MDOT
specifically stated that it would not support an amendment allowing the signs.
At the planning board work session, the board viewed the possibility of
temporary signs on Main Street as a positive development to support the
downtown. If the liability issue can be satisfactorily resolved and the program is
acceptable to MDOT, this amendment could help boost the downtown core area.
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-304, M. C.A.
1. Is the zoning regulation made in accordance with the growth policy?
One of the stated goals of the update is to strengthen the relationship between
the growth policy and the zoning ordinance. For example, the proposal to allow
temporary signs on Main Street is, in part, an effort to help reinvigorate the
core downtown business area, which is a stated goal of the growth policy.
2. Is the zoning regulation designed to secure safety from fire and other dangers?
The proposed amendments include standards designed to help manage
excessive brightness of electronic reader boards at night, which in turn reduces
possible distractions for nighttime drivers.
3. Is the zoning regulation designed to promote public health, public safety, and
the general welfare?
The general health, safety, and welfare of the public will be promoted by
creating a more predicable, orderly, and consistent environment.
Page 7 of 8
4. Is the zoning regulation designed to facilitate the adequate provision of
transportation, water, sewerage, schools parks and other public
requirements?
As mentioned above, the zoning ordinance creates a more predictable, orderly,
and consistent development pattern. That pattern allows for a more efficient
allocation of public resources and better provision of public services.
S. Does the zoning regulation consider the reasonable provision of adequate light
and air?
The standards help provide for appropriate interaction between developed
properties, and between the public right-of-way and developed properties.
6. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendments serve to decrease the impact on drivers from excess
light from reader boards at night. It also aims to help create a more orderly
pedestrian area along Main Street by better defining appropriate locations for
temporary signs.
7. Does the zoning regulation consider the promotion of compatible urban
growth?
The amendments help create consistency throughout comparable zones, which
promotes compatible urban growth.
8. Does the zoning regulation consider the character of the district and its
peculiar suitability for particular uses?
The amendments reflect the character of each district. For example, the
provisions for signs on Main Street is an effort to reflect the fact that the
downtown area does not have building setbacks, which makes application of
the sign ordinance in that area more difficult than other commercial areas.
9. Does the zoning regulation consider conserving the value of buildings and
encouraging the most appropriate use of land throughout the jurisdictional
area?
Building values will be conserved by providing reasonable standards within
zoning districts by encouraging predictable, orderly, and consistent
development within a given area.
RECOABMNDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-11-1 and recommend to the Kalispell City Council that the proposed
amendment be adopted as provided herein.
Page 8 of 8