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Ordinance 1712 - Zoning Ordinance UpdatesSAME. 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 • 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 H. 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 19TH DAY OF MARCH, 2012. Ct/1 Tammi Fisher ATTEST: Mayor Theresa White City Clerk is - M M - M ALM 0101 D1 t1r.11 (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 (11) Kennels, animal shelters (Administrative CUP) (12) Mini-storage/recreational vehicle storage (Administrative CUP) (13) Recreation area, outdoor (14) Residential care home or facility (15) Shooting/archery - indoor (Administrative CUP) (16) Utilities (primary distribution site) Appendix B (partial listing) REVISED USE CATEGORIES a Industrial Uses Aircraft maintenance/repair P P C Art foundry, metal sculpture, molding and casting p p p Asphalt batch 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 I C Farm machinery assembly, P P P repair and sales 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 processing - heavy P Forest products and C P manufacturing Foundry and metal P fabirication plants Fuel oil/gas/petroleum C C C products, bulk storage/sale Glazier P P P Grain elevators C C C HVAC/electrical/plumbing, P P P P sales/service Heavy equipment P P P sales/service Kennels, animal shelters AC AC AC AC (15) Automobile Sales and/or Repair. Any area, other than a street, used for the display, sale or repair of new or used automobiles, boats, RVs, 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(s) 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 opposed to another dwelling type, such as a duplex or multi -family dwellings, each of the attached dwelling units must have (a) independent water and sewer service lines and metering pursuant to the applicable plumbing code and any other city regulations; and (b) a two hour fire wall separating the unit from any adjoining units.