5. Ordinance 1712 - Zoning Ordinance UpdatesPlanning Department
201 1"' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: PJ Sorensen, Kalispell Planning Dept
Charlie Harball, Interim City Manager
SUBJECT: Second Reading- Update of Zoning Ordinance
MEETING DATE: March 19, 2012
BACKGROUND: The proposed revisions are as follows: (1) add "kennels, animal shelters" as an
administrative conditional use in the B-2 (General Business) zone under Section 27.12.030, and
renumber accordingly; (2) amend the definition of "dwelling, townhouse" to align with changes in
subdivision laws relating to townhouses; and (3) amend the definition of "automobile sales and/or
repair."
The Council approved the first reading of the ordinance on March 5, 2012, on a unanimous vote.
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, C&
PJ Sorensen Charlie Harball
Kalispell Planning Dept Interim City Manager
Report compiled: March 8, 2012
c: Theresa White, Kalispell City Clerk
Aft 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 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 February 14, 2012, the Kalispell City Planning Board and Zoning Commission
held a duly noticed public hearing and upon receiving 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-
12-1 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 III. This Ordinance shall take effect thirty (30) days after its final passage.
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CITY OF KALISPELL THIS 19TH DAY OF MARCH, 2012.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT "A"
AMENDMENTS To ZONING ORDINANCE
CHAPTER 27.13
B-2 GENERAL BUSINESS
Section 27.13.030: Uses which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto or vehicle body shops
(3) Auto parking -structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV Park
(6) Casino (refer to Section 27.34.040)
(7) Contractor's storage yard
(8) Dwellings -multi-family
- townhouse (3 or more attached units)
(9) Group home - 8 or fewer persons
- 9 or more persons
(10) Homeless shelters
U 1) Kennels, animal shelters (Administrative CUP)
(124-) Mini-storage/recreational vehicle storage (Administrative CUP)
(112) Recreation area, outdoor
(14-3) Residential care home or facility
(154) Shooting/archery -indoor (Administrative CUP)
(10) Utilities (primary distribution site)
Appendix B (partial listing)
REVISED USE
CATEGORIES
w
a
Industrial Uses
Aircraft maintenancelre air
P
P
C
Art foundry, metal sculpture,
molding and casting
P
P
P
Asphalt hatch plants
C
Assembly - light
P
P
P
P
Assembly - heavy
P
Auction yards, livestock
C
C
Auto wrecking/salvage yards
C
C
Contractor's storage yard
C
P
P
P
Extractive industries
C
Farm machinery assembly,
repair and sales
P
P
P
Feed/seed/processing/cleaning
C
P
P
Fertilizer, bulk sales
P
P
P
Film production studios
P
P
Food processing - light
P
P
P
Food rocessin - heav
__
P
Forest products and
C
P
manufacturing
Foundry and metal
fabirication plants
P
Fuel oil/gas/petroleum
C
C
C
products, bulk storage/sale
Glazier
P
P
P
Grain elevators
C
C
C
H VAC/elec tri callpl u mb i ng,
sales/service
P
P
P
P
Heavy equipment
sales/service
P
P
P
Kennels, animal shelters
AC
AC
AC
AC
CHAPTER 27.37
DEFINITIONS
Section 27.37.010
(15) Automobile Sales and/or Repair. And area, other than a street, used for the display,
sale or repair of new or used automobiles, boats, RV s, motorcycles, or trailers whether inside a
structure or in an outside area.
(59) Dwelling, Townhouse. Ownership of a parcel of land with an attached single-family
dwelling unit that is connected with one or more similar dwelling units but separated from
the other similar dwelling unit�sj by a common party wall having no doors, windows or other
provisions for human passage or visibility. In order to be considered to be a townhouse as
onnosed to another dwelling tune, such as a duplex or multi -family dwellings, each of the
attached dwellinu units must have a independent water and sewer service lines and meterin
pursuant to the applicable plumbiniz code and any other city regulations; and b a two hour fire
wall separating the unit from any adjoining units.