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Ordinance 1532 - Zoning Text Amendment - HVAC Retail Sales in B-3 ZonesORDINANCE NO. 1532 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO.1460), BY AMENDING THE B-3, COMMUNITY BUSINESS DISTRICT, TO ALLOW HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) RETAIL SALES AND SERVICE AS A PERMITTED USE AND DECLARING AN EFFECTIVE DATE. WHEREAS, Yarus Properties, LLC, has submitted a written request to amend the Kalispell Zoning Ordinance, by allowing Heating, Ventilation, and Air Conditioning (HVAC) retail sales and service in the B-3, Community Business District, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Tri-City Planning Office after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended by allowing HVAC retail sales and service, but excluding sheet metal work, as a permitted use in the B-3, Community Business District, 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-05-2 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1460, is hereby amended by allowing HVAC sales and service, but excluding sheet metal work, as a permitted use in the B-3, Community Business District. SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION III. This Ordinance shall tape effect thirty (30) clays after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF AP R1 , 2005 Pamela B. Kennedy/ _ Mayor� ATTEST: Theresa White City Clerk