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Ordinance 1702 - Updates - Zoning RegulationsAN 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 g Regulations for t) 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- I I -I 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, 20 1. 777 TanumyFli-s Fier ATTEST: Mayor Theresa White City Clerk 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) AMSTING THE LIGHT INTENSITY STANDARD FOR ELECTRONIC READER BOARDS AS SUGGESTED BY A REPRESENTATIVE FROM THE SIGN • 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 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. 11 IMS VA DN OM 1111111ZI.MM 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: (4) (d) Accessory structures shall be limited to no more than 1000 square feet in size. Q8_ "M 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. 50: 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-framelsandwich board signs within the public right-of-way are permitted in a district bounded by 5th Street East on the south, lst 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 West, 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; S. 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.