1. Ordinance 1702 - Updates - Zoning Regulations - 2nd ReadingPLANNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: PJ Sorensen, Kalispell Planning Dept.
Jane Howington, City Manager
SUBJECT Second Reading: Update of Zoning Ordinance
MEETING DATE: November 7, 2011
Planning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaGspell.comiplannina
BACKGROUND: This request includes several proposed zoning text amendments. The proposed
ordinance, as amended by the Council, includes provisions as follows: (1) updating 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)
clarifying the maximum size of accessory structures by stating the maximum size in the text rather
than in the definitions; and (5) providing for temporary signs on the sidewalk in the core downtown
area.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of
October 17, 2011.
RECOMMENDATION: A motion to approve the second reading of the ordinance 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,
PJ Sorensen Jane Howington
Planner II City Manager
Report compiled: October 18, 2011
c: Theresa White, Kalispell City Clerk
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 Commission 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 COUMICIL OF TAE 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 II. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
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 7TH DAY OF NOVEMBER, 2011.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT "A"
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) Whether the new zoning will effect motorized and nonmotorized
transportation systems.
(3) Whether the new zoning will secure safety from fire and other dangers.
(4) Whether the new zoning will promote public health, public safety and the
general welfare.
(5) Whether the new zoning includes the reasonable provision of adequate light
and air.
(6) Whether the new zoning will facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements.
(7) Whether the new zoning gives consideration to the character of the district
and its peculiar suitability of the property for particular uses.
(8) Whether the new zoning was adopted with a view of conserving the value of
buildings.
(9) Whether the new zoning will encourage the most appropriate use of land
throughout the municipality.
(2) ADJUSTING THE LIGHT INTENSITY STANDARD FOR ELECTRONIC READER
BOARDS AS SUGGESTED BY A REPRESENTATIVE FROM THE SIGN
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. Brightness on such signs shall not exceed 0.3 foot
candies above ambient light as measured using a foot candle (lux) meter at a
distance of one hundred feet from the sign.
(b) 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.
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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.
(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-way, except as otherwise
provided in this chapter.
27.22.05: 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.
(g). A-frame/sandwich board signs within the public right-of-way are
permitted in a district bounded by 5th Street East on the south, 1st
Alley East on the east, Center Street on the north with the
western boundary described as a line beginning at West Center
Street and extending south along 2nd Alley West to 2nd Street
West and including the easterly 82 feet of Lots 7 & 8 of Block 48
Kalispell Original Townsite, then west along 2nd St. West to 3rd
Ave. West, then south on 3rd Ave. West to 3rd Street West, then
east on 3rd St. West to 2nd Alley West, then south on 2nd Alley
West to 4th St. West, then east on 4th St. West to 2nd Ave Nest,
then south on 2nd Ave. West to its intersection with 5th St. West
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.
Figure 2.1 - Temporary Signs on Public Right of Way
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