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2. Ordinance 1349 - 1st Reading - Definition of CasinosREPORT TO: FROM: SUBJECT: Cltv of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 Honorable Mayor and City Council PJ Sorensen, Zoning Administrator Chris Kukulski, City Manager Casinos (Ordinance 1349—Definition amendment) MEETING DATE: March 6, 2000 BACKGROUND: At the present time, there are 28 casinos and other facilities with gaming machines within the city limits of Kalispell. The distinction between "casinos" and "facilities with gaming machines" is critical because the zoning ordinance draws such a distinction, which leads to a problem that we are trying to address through a housekeeping amendment to the zoning ordinance. "Casino" is presently defined as: An establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as ancillary uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any one of the below characteristics apply: (a). The establishment is referenced as a "casino' by signage or by name; (b). More than one card table is on the premise; (c). Fifteen or more gambling machines are on the premise; or (d). The predominant source of income is from gambling revenue. Generally, an establishment will not be considered a casino when the premise contains no live card games, has less than six (6) gambling machines, and the gambling devices are clearly incidental to the primary use of the establishment. A "casino' may be located within the B-2 and B-4 zones with a conditional use permit. The definition has created numerous problems and loopholes. First, all someone needs to do is put up signs for "GAMING/POKER/KENO" and leave "casino' out of the name to avoid subsection (a). Subsections (b) and (c) are easily circumvented, either intentionally or not, by starting operation with one number of machines and then adding more later. Subsection (d) is next to impossible to apply in practice since it would require access to tax forms or bookkeeping records. Furthermore, the exclusionary language at the end of the definition only serves to further complicate the matter. Since bars are allowed in not only the B-2 and B-4 zones, but also in the B-3 and B-5 zones as permitted uses and the I-1 as a conditional use, many businesses which most people would label as casinos are not under the definition. Rather, we have applied the label "accessory gaming facility" when a bar operates with 14 machines as opposed to 15. Since it would not be a casino per se, the bar could operate the gaming machines in the B-3, B-5, and I-1 zones. Once in place, it is not uncommon for the business to then add machines and have a full blown casino. It is fairly simple for them to do so because the state license will allow up to 20. The present definition is convoluted and very difficult to apply in practice. Therefore, we proposed a housekeeping amendment to change the definition. The planning board recommended approval. We have since drafted a proposed ordinance which would change the definition to "An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, Parts 1 (except for Section 23-5-160 regarding shaking dice or shake -a -day games) and 3 through 6, Montana Code Annotated, either as a primary use or as an accessory use. Organizations and facilities designated as exempt under state law shall not be classified as casinos." The definition is slightly different from the version proposed by the planning board; References to the Montana Code were added and exceptions were clarified in order to reflect concerns brought up by the Council at the workshop. The new definition eliminates the machine -counting and sign references in favor of a more straight -forward definition: if there is gambling, it is a casino. The change will add much more consistency to the treatment of gambling uses as well as produce a more practical and workable application of the ordinance. RECOMMENDATION: A motion to adopt the ordinance would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the Council. Respectfully submitted, PJ Sorensen Zoning Administrator Chris Kukulski City Manager Report compiled March 1, 2000 ORDINANCE NO. 1349 AN ORDINANCE AMENDING § 27.37.010 (44), KALISPELL ZONING ORDINANCE, BY AMENDING THE DEFINITION OF CASINO AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend § 27.37.010 (44) of the Kalispell Zoning Ordinance, by amending the definition of casino, and WHEREAS, the request was forwarded to the Kalispell City - County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under §27.30.020, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-6, that the text of the Kalispell Zoning Ordinance, Definitions, be amended as to the definition of "casino," and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recomm--nended that the text of the Kalispell Zoning Ordinance, Definitions, be amended as to the definition of "casino," and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-99-6 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. 1175, is hereby amended to read as follows: Section 27.37.010. Definitions (44) Casino. An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, Parts 1 (except for Section 23-5-160 regarding shaking dice or shake -a -day games) and 3 through 6, Montana Code Annotated, either as a primary use or as an accessory use. Organizations and facilities designated as exempt under state law shall not be classified as casinos. Section II. All parts and portions of the Kalispell Zoning Ordinance not amended hereby shall remain the same. Section III. This Ordinance days from and City Council. shall take effect thirty (30) after its final passage by the PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF MARCH, 2000. Wm. E. Boharski Mayor Attest: Theresa White City Clerk Flathead regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 75&5980 Fax: (406) 75&5781 June 15, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: City of Kalispell "Housekeeping" Zoning Text Amendments Dear Chris: The Kalispell City -County Planning Board met on June 8, 1999 and held a public hearing on a request by the City of Kalispell for amendments to the Kalispell Zoning Ordinance. The request proposes various amendments that can generally be considered to be "housekeeping" items in order to address problems that have arisen. Narda Wilson, with the Flathead Regional Development Office, presented staff report KZTA-99-6 and noted the issues related to each amendment requests. She stated that the staff recommended changes to the zoning ordinance as listed in the staff report. During the public hearing, Craig Kerzman, Kalispell Building Official, spoke in favor of the amendment to allow an 18 foot building height on a detached accessory structures in the residential districts, and noted that would better suit the current building standards and better serve the public. No one spoke in opposition. i The board discussed the proposal item by item and made some amendments to the recommendations in the staff report. There was considerable consideration regarding whether casinos should be moved to a permitted use, or move bars and taverns to a conditionally permitted use. The board agreed on a vote of five in favor and three opposed to move bars, taverns, cocktail lounges along with casinos to a conditionally permitted use in all Zones where they are allowed. A motion was made to adopt staff report KZTA-99-6 as findings of fact and recommend approval of the zoning text amendments to the city council as amended by the board. The motion passed unanimously. The recommended zone changes as amended by the board can be found in Attachment A. Please schedule this matter for the June 21, 1999 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this recommendation. Sincerely, XAPspell((C#Y-Ca Planning Board Jean Mxfigon .IPi-esid t Providing Community Planning Assistance To: • Flathead County 9 City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell Zone Text Amendment June 15, 1999 Page 2 of 5 JJ/NW/tl Attachments: Attachment A Staff report KZTA-99-6 and materials Draft minutes of the 6/08/99 planning board meeting c: w/ Att: Theresa White, Kalispell City Clerk H:... \TRANSMIT\KALISPEL\ 1999\KZTA9906 City of Kalispell Zone Text Amendment rune 15, 1999 Page 3 of 5 CITY J ELL ss • t KALISPELL CITY -COUNTY PLANNING BOARD • a s 1. Section 27.22.020(3)f, A ��sfi�ui4digs srH- svrciccca a height ef 15 Tcc+ in sees- Accessory buildings shall not exceed a height of 18 feet nor the maximum height for a principal building in other zones. Accessory buildings in R zones shall be limited to single story construction. 2. Section 27.14.020, Permitted Uses in the B-2, General Business, district. Banks, saving and loan, finance companies. 16111l:_.M-.G c) d) es — - r uzezua.,izC Chi�GCTJII'OZz2ZZ'c.T17t-. • Change to: An establishment which offers legal gambling as either a primary use or as an accessory use to a tavern or bar. 4. Change easines bars, taverns cocktail� loures, clubs and casings to a conditionally permitted use in the B-2; General Business District, the B-3, Community Business District; B-4, Central Business District; B-5, Commercial i Industrial District; and the I-1, Light Industrial district. S. Section 27.22.080(1): Fences, Walls and" Hedges, Add, A single archway serving as a pedestrian entrance and being no more than nine feet tall five feet wide and four feet deep, may be attached to a fence in the required setback area. City of Kalispell Zone Text Amendment June 15. 1999 Page 4 of 5 6. A,4d a new section under Supplementary Regulations: Si No' -Conforming Lots: On corner lots which are non- wid side corner setbacks shall be reduce to ten feet. 7. Add a w section under Supplementary Regulations: events su h as car shows boat shows RV shows carniva outdoor ac 'vities may be oermitted in the "B." "I" and " r St7e+ 8. Rearrange Cha ter 27.22, Supplementary REsecondary so at the various categories are in habetical order. 9. Create a separate\tbe er Chapter 27.2tary Regulations, for Home Occupationn placing them uory Uses. Modify the performance stanore specific and into compliance with the zoning regulatiHome occupationsin the R-1 R-2d R-5 zones rovided that the home occupation is clearly incidentalto the use of the (i). Any commodity sold upon thi produced on the premises dq Thi home party sales associated wig Avon. Home occupations w l ises VA ie. must be tier t intended to preclude the occasional products as Tupperware, Amway, and elude anv tvr>e of auto boat or RV tvDe of food nrmaration for on -site any oLner use wmcn creates game uncnar t:ertsnc or a resiaenuat area or (ii). Any disturi beyond the such as noise, vibration, smoke, ►es of the dwelling unit or access odor, heat or glare lding would not be (iii). There shAll be no Any exterior display or exterior storage o materials, wee s- �e-pg�n=ed'� house calls after 9:00 p.m. or before 8:00 a.m. r other indication from the exterior that the dwelling unit,or accessory building is being used in part for any use other than that of a\dwelling or a�essory building for purely residential purposes. ` (iv). / There shall be no Employees other than those residing on the premise*. hook into city water and sewer services, an effect on their taxes, a change in the ability to have their livestock, etc. Wilson noted that in answer to Ms. Homquists' questions, that there would be no effect to her taxes or connection to the sewer district or her use of her property and that any livestock would have been grandfathered and there would be no change to that as long as that use continued. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION Brenneman asked if this would completely surround the RA-1 section which could be annexed and Wilson stated that it could be annexed but it won't. MOTION Rice moved and Breneman seconded to adopt staff report KA-99-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed property be zoned B-1, Neighborhood Buffer District, upon annexation. On a roll call vote all members present on the board voted Aye. The motion to recommend B-1 zoning upon annexation passed unanimously, with Sipe excused from the vote_ Sipe returned to his seat on the board. CITY OF KALISPELL A request by the City of Kalispell for various amendments to the ZONING ORDINANCE Kalispell Zoning Ordinance. These amendments would change AMENDMENTS several areas of the zoning jurisdiction. STAFF REPORT Narda Wilson gave a presentation of staff report KZTA-99-6 in which staff recommends that the board recommend to the Kalispell City Council that the amendments, as stated in the report, be made to the Kalis Zoning Ordinance. Wilson noted that staff along with the City .Zoning Administrator came forward with many changes and that she determined that these changes were all that were being brought out at this time. Later there will be another request for `housekeeping zoning amendments'. She went over each of the amendments individually explaining the reasons for each. Wilson noted that staff is recommending that bars, taverns; cocktail lounges, casinos, etc. all be placed in the conditional use category. Johnson noted that the board members should bring up any amendment that they might have a problem with and that way the board could move forward with those amendments which everyone already agrees with, then those items which need further consideration can be discussed. PUBLIC E[EARING The public hearing was opened to those in favor of the amendments. Kalispell City County Plaatning Board Minutes of meeting Jerre 9, 1999 Page i of 12 91 Craig Kerzman, Kalispell Building Official, spoke in favor of the petition and stated that amendment item 1 would better suit the current building standards and better serve the public. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION The board agreed that items 1, 2, 3, 5, 6, 8, 9, 10 and 12 needed no further discussion as they agreed with the staff recommendations. Item 4: Whether to place bars, taverns, cocktail lounges and casinos as a conditional use within all districts were they are allowed. Brenneman stated, and Garberg agreed, that taverns, bars, etc. along with casinos should be moved to conditionally permitted uses. Stevens stated that he disagreed with adding bars, etc. to the conditional use process and that there is no reason to add them as the city has gotten along all right with them as permitted uses in specific zones. He stated that there would be significant opposition at public hearings if these uses were moved to conditionally permitted uses and if the zones were established that allow bars, etc. then there is no need to go further with it. They should be left as they are. Garberg noted that he believes that it is because of them controversy and the need to allow the public a process to state their concerns over these uses that these business should be conditionally permitted uses. Sipe noted that he would not want to have even higher restrictions than what already is in place. Wilson added that bars, etc. are conditionally pe:znitted uses in the County zoning regulations. Sipe noted that by the same token if one has a casino then one has a bar and why not add casinos to the permitted uses in those districts where bars, etc. are already permitted. Johnson stated that the County conditional use permits are granted by the board of adjustment which is a quasi legal board and there is no further recourse except the court system. Wilson noted that a function of zoning is to separate incompatible uses and limit uses with greater impact to certain areas. Breneman noted that a basis for casinos as a conditional use is if there are some statistics that show that adding a casino to a ba would in some way change the characteristic of the bar and thc, t:alispell City County Planning Board Minutes of meeting June 8, 1999 Page 8 of 12 impact to the neighborhood. Stevens noted that because the legislature allows casinos with a bar license using the Zoning or conditional use process to keep them out of the community is improper and that the fight to have less of these businesses should be with the legislature. He stated that nibbling on the issue of gambling through zoning takes away from the head on consideration with the legislature. Garberg noted that with controversial issues the public should be allowed to have participation. He stated that the public has a right to state their concerns over the controversial issues. Wilson noted that zoning gives the local government some control over state allowed issues without having to make it a state wide issue when it is a local concern. She clarified that even though a gaming license for 20 machines goes along with an on premise liquor license in Kalispell the business is still required to obtain a conditional use permit to have more than 5 machines. The question is should that remain and should bars, etc. be included in the conditional use permit category or should casinos be placed in the permitted use category with bars, etc. This is what local control is about, giving the community a say on where these businesses are allowed. Heinecke noted that by placing bars and casinos as conditionally permitted uses then the public review is allowed and then if the conditional use has merit it will pass through the boards and if not it will not be allowed. Wilson reworded item 4 to read "Change bars, taverns, cocktail lounges, and clubs to a conditionally permitted use in the B-2, General Business District, and B-4, Central Business District and couple with casinos. In the B-3, Community Business District, B- 5, Commercial / Industrial District, and I- 1, Industrial District, add casinos as a conditionally permitted use in the same categories as bars, taverns, cocktail lounges, and clubs. All of these uses would be listed in the same category and would read bars, taverns, cocktail lounges, clubs and casinos." Johnson asked for a show of hands on Item 4 and the board was 5 to 3 in favor of the staff recommendation to place casinos, bars, etc. in the conditionally permitted use category as amended and read by Wilson. 7: Add a new section under an jr a s Kerzman stated that this amendment would give the Kalispell City County Planning Board Minutes of mpaing June 8, 1999 Page 9 of 12 building department guidance on allowing temporary uses. Th e pecial events are not accessory uses or listed as permitted s those zones and so the only category they can be placed is - temporary uses. He noted that for allowed frequency it wo d t up � the board. Sipe a ked if these types of activities were causing any problems and wa answered that at this time there had been n6 problems associat with these temporary special events. Wilson ex�plained that the current process allow these temporary ecial events is to go through th conditional use permit proses going from the Flathead Re ' nal Development Office, to the Tanning board and then to the council before they can lawfully a place. She stated that thi is cumbersome and time consuming or such short events. The board discus having these allow d more often than seven days in a three mo th period. They ere in agreement that they could be allowed mo e often in that any of these events enhance the community. By unanimous board c nsensu item 7 was amended to "seven days in a one month perigd". Item 11: Amend Section 2 . .010(179), Definitions, Professional Office, insert This would also include t not be limited to. title com anies tray a encies. insurance companieslreastate offices.... Wilson read and cl ' ed the current regulations, noting that these businesses ha been left o t by oversight and the "but not Limited to" clause es some flexib' 'ty. The boa/datio d by unanimous consensus to accept the recommes written by staff. _ Item 13d Section 27.26.050, (30), Off Street Parking, Medicalal Offices. This would llow for one space per each 200or area. Wilson noted thatthere is actually a boo that gives parking requ' ments based on specific uses, and s book has been rese ched by staff. The staff' believes that the current city re lations generally require too much parking. This amendment ould lessen the required parking, make a regulations consistent, and allow what they have found to be acceptable parking requirements. By a show of hands the board unanimously agreed to ccept item 13 as recommended by staff. Kalispell City County Planning Boar' Minutes of meeting June 8, 1999 Page 10 of 12 Item 14: Amend Section 27-26.050, (16) and (17), Drive Pestaurants and Fast Food Restaurants. Combine these uses/ them Wilson xplained that the current requirement every 50 eet of floor space is excessive, and that should be onsidered. Stacking spaces is the n the drive ough, such a one car waiting, o window, ano er car -and then one at the pick ul there are no c s out in the street. J 1 of ones space for suyxing spaces er of cars in Oat the order window so that Johnson explain that an example is that e current regulations have Pizza Hut an Taco Bell as the sam type of business and require the same arking, and that f st food drive through restaurants, such as aco Bell predicat their volume on stacking spaces not parking as ey are moving a customers through in a very short period of tim The unanimous board recommendation to 100 spaces. sus was to amend the a minimum of four stacking Item 15: Move section 27. 4.WO(8) to a new Section 27.34.040 and renumber, call it Administrative� Conditional Use Permit. Garberg stated conce when bu eaucratic or administrative decisions are made. e noted that olicy should be made by elected officials. Wilson explained /that this regulation i to allow the zoning administrator th power to issue an admir. s ative conditional use permit on a re est to expand on an alread granted conditional use permit by 25 percent which substantiall complies with the conditions , eady placed by the original permit. Stevens ated that he was satisfied with the recommended amnm nt because the use is going to remain th s e as the o,�d conditional use permit and 25 percent is not a huge eon and the administrative conditional use pe t will have toply with the conditions placed on the existing c nditional ut. board unanimously agreed with the staff recommenda MOTION Breneman moved and Sipe seconded to adopt staff report KZTA- 99-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the staff recommended amendments, as amended by the board, be made to the Kalispell Zoning Ordinance, with the understanding that the board Kalispell City County ."tanning Board Minutes of meeting June E, 1999 Page 11 of 12 NEW BUSETMS Jean Johnson, President discussion on item 4 is conveyed to the city council. On a roll call vote all members present voted Aye. The motion to recommend the board amended amendments passed unanimously. There was no new business presented. Tuesday, June 15, 1999 there will be a meeting dealing with the master plan. Breneman asked how to find out about council action on board recommendations. It was noted that it could be gotten from the newspaper, council minutes or they could call Wilson at FRDO. The next meeting will be July 13, 1999, and will begin at 6 p.m. The meeting was adjourned by motion at approximately 9:18 p.m. Approved as submitted/corrected: / /99 Tricia Laske, Recording Secretary Kalispell City County Planning Boar Minutes of meeting June 8, 1999 Page 12 of 12 s i' - REQ FLATHEAD REGIONAL DEVELOPMENT OFFIC REPORT r._• .- #KZTA-99-6 w • A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for amendments to the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City -County Planning Board for June 8, 1999 beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The City of Kalispell is proposing various amendments to the Kalispell Zoning Ordinance that can generally be considered to be "housekeeping" items in order to reconcile perceived problems that consistently arise. A. Petitioner and Owners: Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 (406)758-7701 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction which would allow the various uses being discussed or considered could potentially be effected by the proposed change. This would include some residential and commercial zoning districts in the city. C. Proposed Amendments: Several specific amendments have been proposed by the applicants and several from the staff of the Flathead Regional Development Office. It is the intent of the proposal to address conflicts and problems that have arisen in the past, which would not warrant significant discussion and would help to clean-up certain perceived problems within the current regulations. The proposed amendments are as follows: 1. Section 27.22.020(3)(f), buildings building in -­Hheff zenes. Accessory buildings shall not exceed a height ffIsIZf11i construction----& j /4-411,14 2. Section 27.14.020, Permitted Uses in the B-2, General Business, district. Banks, saving and loan, finance companies. 3. Section 27.37.010(44) Definitions, Casino, An establishment -wIN Page 1 of 13 • Change to: An establishment which offers legal gambling as either a primary use or as an accessory use to a tavern or bar. �4. Change casino from a conditionally permitted use in the B-2, General Business District, and B-4, Central Business District, to a permitted use and couple with bars, taverns, cocktail lounges, clubs. In the B-3, Community Business District, and B-S, Commercial / Industrial District, add casinos as a permitted use in the same categories as bars, taverns, cocktail lounges, clubs. All of these uses would be listed in the same category and would read bars, taverns, cocktail lounges, clubs and casinos. S. Section 27.22.080(I): Fences, Walls and Hedges, Add, A single archway serving as a pedestrian entrance and being no more than nine feet tall, five feet wide and four feet deep, may be attached to a fence in the required setback area. 6. Add a new section under Supplementary Regulations: Side Corner Setbacks for Non -Conforming Lots: On corner lots which are non- conforming_ because of width, side corner setbacks shall be reduced to ten feet. 7. Add a new section under Supplementary Regulations: Special Events: Special events such as car shows, boat shows, RV shows, carnivals concerts and similar outdoor activities may be permitted in the "B," "I" and "P" zones provided they do not exceed seven days in the three month period. Page 2 of 13 S. Rearrange Chapter 27.22, Supplementary Regulations, so that the various categories -in alphabetical order. 9. Create a separate section under Chapter 27.22, Supplementary Regulations, for Home Occupations rather than placing them under Accessory Uses. 10. List Home Occupations as a permitted use in all the R zones. 11. Amend Section 27.37.010(179), Definitions, Professional Office, insert This would also include, but not be limited to, title companies travel agencies, insurance companies, real estate offices, and other persons providing services utilizing training and knowledge of the mental discipline as distinguished from training in occupations requiring mechanical skill or manual dexterity or the handling of commodities. 12. Delete Subsections 27.37.010(212)(a through o), Definition, Sexually Oriented Business. 13. Amend Section 27.26.050, (30), Off -Street Parking, Medical and Dental Offices. One -space-ger- eh-1-50-gres& sq ,_ -€eet-ems 1 leeatea •-- *' *'- u ' e ,.,, o_® one space per each 200 feet of floor area ' wed. 14. Amend Section 27.26.050, (16) and (17), Drive -In Restaurants and Fast Food Restaurants, Combine these uses and call them Drive -Through and Fast Food Restaurants with the parking requirements stated as One space per 80 feet of F_,ro_ssfloor area plus one space per emnlovee on the largest shift. 15., Move Section 27.34.030(8) to a new Section 27.34.040 and renumber, call it Administrative Conditional Use Permits "In certain instances, the city council may elect to place certain required Conditional Use Permits into an administrative review category, for example those that may be required for minor amendment to an already approved Conditional Use Permit, whereby the Zoning Administrator may issue such an Administrative Conditional Use Permit in compliance with guidelines set by the city council. This provision shall not be construed so as to give the power to grant or deny the Conditional Use Permit to other than the city council and shall apply only to specific categories or instances predetermined by the city council. The zoning administrator may issue an administrative conditional use permit for any conditionally permitted use where an already approved permit has been granted and the change or expansion does not exceed more than 25 percent of the overall square foota,e of the building or use. Any such administrative conditional use permit must substantially conform with all conditions included in the already approved conditional use permit. -Page 3-of 13 Staff Discussion: 1. Section 27.22.020(3)(fl, Accessory buildings shall not exceed a height of 18 feet nor the maximum height_ for a principal building in other zones. Accessory buildings in R zones shall be limited to single story construction. This amendment is being proposed by the staff in response to a number of problems that have occurred because of height restrictions on garages which do not match the pitch of the existing roof on many of the older homes. This will enable property owners to have some latitude in designing an accessory structure which is architecturally compatible with the main house. 2. Section 27.14.020, Permitted Uses in the B-2, General Business, district. Banks, savings and loan, finance companies. This omission is - obviously an oversight as it would be appropriate to anticipate these uses in the general business district. 3. Section 27.37.010(44) Definitions, Casino, a) b) Mom than one eaT-d ta d) • Change to: An establishment which offers legal gambling as either a primary use or as an accessory use to a tavern or bar. This definition is so convoluted that it has allowed casinos to be located in areas where they are not technically permitted, i.e. the Best Bet on the north side of Idaho. It says `gaming, poker, gambling" but does not say casino so it goes in. A casino, is a casino is a casino, if it has gambling. Page 4 of 13 •.. . :L eta c. , . 4. Change casina4• a conditionally permitted use in the B-2, General Business District, and B-4, Central Business District, to a permitted use and couple with bars, taverns, cocktail lounges, clubs. In the B-3, Community Business District, and B-5, Commercial / industrial District, add casinos as a permitted use in the same categories as bars, taverns, cocktail lounges, clubs. All of these uses would be listed in the same category and would read bars, taverns, cocktail lounges, clubs and casinos. Casinos are listed as a use separate from bars and taverns, however, all bars and taverns have a gaming license and one is not generally found without the other. Bars and casinos should be handled in the same manner, either as a permitted use or as a conditionally permitted use. None have ever been denied. S. Section 27.22.080(1): Fences, Walls and Hedges, Add, A sin e archway serving as a pedestrian entrance and being no more than nine feet tall. five feet wide and four feet deep. may be attached to a fence in the required setback area. These structures are popular and attractive and technically do not comply with zoning. This would allow walkway structures in the setback area and make the existing ones legal. 6. Add a new section under Supplementary Regulations: Side Corner Setbacks for Non -Conforming Lots: On corner lots which are non- confor-zing because of width, side corner setbacks shall be reduce to ten feet. There are problems with the narrow lots in the residential areas meeting the side corner setback requirements and this would address the non -conforming lots without the property owner having to go through the variance process. 7. Add a new section under Supplementary Regulations: Special Events: Special events such as car shows, boat shows, RV shows, carnivals, concerts and similar outdoor activities may be permitted in the "B," "I" and "P' zones provided they do not exceed seven days in the three month period. Many of these events already occur and are technically a violation of the zoning regulations. This provision would bring these events into conformance with the zoning. S. Rearrange Chapter 27.22, Supplementaryy Regulations, so that the various categories are in alphabetical order. Currently, the Supplemental Regulations section of the zoning ordinance are listed in a hodgepodge order and specific regulations are difficult to find. It - Page 5 of 13 only makes sense to alphabetize them. 9. Create a separate section under Chapter 27.22, Supplementary Regulations, for Home Occupations rather than placing them under Accessory Uses. Modify the performance standards to be more specific and to bring them into compliance with the zoning regulations. dome occupations are allowed in the R-1 R-2 R-3 R-4 and R-5 zones provided that the home occupation is clearly incidental and secondary to the use of therroperty as a residence and provided the following standards are met: (i). Any commodity sold upon the premises must be produced on the premises } -- i ^ sse to the he eeeupatie-n- e-eallue+-13 n - «1 �c�� _ This is not intended to preclude the occasional home party sales associated with such products as Tupperware, Amway, and Avon. Home occupations would not include any type of auto, boat or RV repair, maintenance or painting; any type of food preparation for on -site consumption, or retail sales which include items not produced on -site, or any other use which creates traffic uncharacteristic of a residential area or requires outdoor storage of materials. This would include but not be limited to music lessons educational tutoring, consulting services, personal services and photography studios. (ii). Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building would not be in excess of that which would normally_ be anticipated in a residential area (iii). There shall be no Any exterior display or exterior storage of materials, , house calls after 9:00 p.m. or before 8:00 a.m. or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. (iv). There shall be no Employees other than those residing on the premises. (v). There shall be no Pedestrian or vehicular traffic in excess of that which is characteristic of the neighborhood in which it is located which shall not exceed more than one at a time or eight all day. (vi) Any need for parking must be met on -site. Page 6 of 13 Home occupations stanciar�is .need to be clarified and addressed as a separate item under the Supplementary Regulations because they get lost and the issue becomes confusing without clear direction. 10. List Home Occupations as a permitted use in all the R-1, R-2, R-3, R-4 and R-5 zones with a note see the Supplementary Regulations section. This does not allow a use that is not already permitted, it just makes it easier to find. 11. Amend Section 27.37.010(179), Definitions, Professional Office, insert This would also include, but not be limited to, title companies, travel agencies, insurance companies, real estate offices and other persons providing services utilizing tr ' g and knowledge of the mental discipline as distinguished fro training in occupations requiring mechanical skill or manual dexte 'ty or the handling of commodities. This provides greater clarity to what a professi nal office use would include and greater flexibility for the zoning administrator in determining what is appropriately considered a professional office. 12. Delete Subsections 27.37.010(212)(a through o), Definition, Sexually Oriented Business. Most of this section is extraneous and without value. It takes up space in the regulations with an issue that is not an issue in the city. 13. Amend Section 27.26.050, (30), Off -Street Parking, Medical and Dental Offices. , upAess '..__+_A ..40hi-, the u ' one space per each 200 feet of floor n area4&-Fequired. This makes the parking standards for medical and dental office consistent throughout the jurisdiction. One space per 150 square feet has proven excessive. 14. Amend Section 27.26.050, (16) and (17), Drive -In Restaurants and Fast Food Restaurants, Combine these uses and call them Drive -Through and Fast Food Restaurants with the parking requirements stated as These uses are generally one in the same. There are no `drive-in" restaurants, only drive -through" restaurants. 15. Move Section 27.34.030(8) to a new Section 27.34.040 and renumber, call it Administrative Conditional Use Permits "In certain instances, the city council may elect to place certain required Conditional Use Permits into an administrative review category, for example those that may be Page7of 13 required for minor amendment to an already approved Conditional Use Permit, whereby the Zoning Administrator may issue such an Administrative Conditional Use Permit in compliance with guidelines set by the city council. This provision shall not be construed so as to give the power to grant or deny the Conditional Use Permit to other than the city council and shall apply only to specific categories or instances predetermined by the city council. The zoning administrator may issue an administrative conditional use permit for any conditionally permitted use where an already approved permit has been granted and the change or expansion does not exceed more than 25 percent of the overall square footage of the building or use. Any such administrative conditional use permit must substantially conform with all conditions included in the already approved conditional use permit. The current requirement for minor additions to go through the full conditional use permit process has been onerous for the property owner and without clear benefit to the public. This proposal would streamline the process and save the public and staff time. oll 116I.-W&S4 The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The Kalispell City -County Master Plan encourages the use of zoning as a tool for the implementation of the master plan goals and objectives. These amendments refine the zoning regulations to further the administrative and practical aspects of zoning. 2. is the requested zone designed to lessen congestion in the streets? The proposed amendments would not generally impact the types of uses allowed in a district and would therefore have no impact to increase or lessen congestion. Traffic associated with the various districts in which these amendments are proposed would not generally be effected. 3. Will the requested zone secure safety from fire,_ panic, and other dangers? These amendments would not compromise the security and safety of the community and are only intended to provided greater clarity as to their purpose and the ability to better administrate their intent and purpose. Page 8 of 13 4 S M 7. A a 10 Will the requested- change promote the health and general welfare? The general health and welfare of the public will be promoted by providing greater clarity without compromising the general health and welfare of the community. Will the requested zone provide for adequate light and air? Adequate light and air are provided through development standards relating to the density in the district, setback requirements for structures, and lot coverage. The proposed changes do not compromise the development standards of the district. Will the requested zone prevent the overcrowding of land or undue concentration of people? Development standards in the district will prevent the overcrowding of land through standards such as lot coverage, parking and landscaping requirements. The overall density of the area and development standards would not be altered by the proposed changes. Will the requested zone facilitate the adequate provision of transportation water, sewerage, schools, narks, _and other public requirements? Public services and facilities would generally be anticipated to be available to area within the city where these changes might take effect. The proposed changes would not impact the facilitation of public services and utilities. Does the requested zone give consideration to the particular suitability of the property forparticular uses? With adequate performance standards applied and development standards adhered to, the proposed amendments do not change the uses allowed within a district and give adequate consideration to the suitability of properties for particular uses within the zoning districts. Does the requested zone give reasonable consideration to the character of the district? The proposed amendments give reasonable consideration to the character of the districts in which the changes are being proposed and do not alter the intent or character of the districts. Will the proposed zone conserve the value of buildings? The value of buildings will be preserved and none of the proposed changes would deviate from the intent and purpose of the various zoning districts in which the changes are proposed. Page 9 of 13 11. Will the requested zone encourage the most appropriate - use of the land throughout the iurisdiction? The most appropriate land use throughout the jurisdiction will be promoted by providing regulations that are easier to understand, easier to administer and better address certain issues facing the community. Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #KZTA-99-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the following amendments be made to the Kalispell Zoning Ordinance: (Special note: Staff is recommending that bars, taverns, cocktail lounges, clubs and casinos all be placed in a conditional use permit category on item #4 below) 1. Section 27.22.020(3)(f), lee-e:sseFT-u. buildings shall = ^* exieeed a heig t Accessory buildings shall not exceed a height of 18 feet tior the maximum height fora principal building in other zones. Acdessory buildings in R zones shall be limited to single story constructio .,j, 2. Section 27.14.020, Permitted Uses in the B-2, General Business, district. Banks, saving and loan, finance companies. % \ 3. Section 27.37.010(44) Definitions, Casino, An establishment he�ae ., e-- — t, t a aiucToare" ci— 8--�'t 8� 9'Atl $cczr�ca " a) b)iq on ; c) ;.,.,nt d) The ;r,,..,,,.,e. is f e.,,, n rnbL ng r p eden seuree of MAM Page 10 of 13 • Ch nC=io:. n,gstablishment which offers legal gambling as either a C-h gc easing to a conditionally permitted use in the B-2, General Business Dis 'ct, and B-4, Central Business District, to - and coupl witfi�ai s; tavern, coc a� ounges, cTu-b�) In the B-3, Community Business Distract, an - ommerci / Industrial District, add casinos as a conditionally permitted use in the same categories as bars; taverns, cocktail lounges, clubs. All of these uses would be listed in the same category and would read bars, -taverns, cocktail lounges, clubs and casinos. qt44'h- Y!e4H A) 4 All- S. Section 27.22.080(1): Fences, Walls and Hedges, Add, A sin e archway serving as a pedestrian entrance and being no more than nine feet tall, five feet wide and four feet deep, may be attached to a fence in the required setback area. 6. Add a new section under Supplementary Regulations: Side Corner Setbacks for Non -Conforming Lots: On corner lots which are non- conforming because of width, side comer_ setbacks shall be reduce to ten feet. v'7. Add a new section under Supplementary Regulations: Special Events: Special events such as car shows, boat shows, RV shows, carnivals concerts and similar outdoor activities may be permitted in the "B " "I" and "P" zones provided they do not exceed seven days in the tl1ec month period. /;t�— 8. Rearrange Chapter 27.22, Supplementary Regulations, so that the various categories are in alphabetical order. 9. Create a separate section under Chapter 27.22, Supplementary Regulations, for Home Occupations rather than placing them under Accessory Uses. Modify the performance standards to be more specific and to bring them into compliance with the zoning regulations. Home occupations are allowed in the R-1, R-2, R-3, R-4 and R-5 zones provided that the home occupation is clearly incidental and secondary to the use of the property as a residence and provided the following standards are met: (i). Any commodity sold upon the premises except that whieh :s must be produced on the premises +1 - r--- s �--- , *- *,-_ This is not intended to preclude the occasional home party sales associated with such products as Tupperware, Amway, and Avon. Home occupations would not include any type of auto, boat or RV repair, maintenance or painting; any type of food preparation for on -site Page 11 of 13 consumption, or retail sales which include items not produced on -site or any other use which creates traffic uncharacteristic of a residential area or requires outdoor storage of materials. This would include but not be limited to music lessons educational tutoring, consulting services. versonal services and photography studios. (ii). Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building would not be in excess of that which would normally be anticipated in a residential area. (iii). There shall be no exterior display or exterior storage of materials, , house calls after 9:00 p.m. or before 8:00 a.m. or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. (iv). There shall be no Employees other than those residing on the premises. (v). There shall be no Pedestrian or vehicular traffic in excess of that which is characteristic of the neighborhood in which it is located which shall not exceed more than one at a time or eight all day. (vi) Any need for parking must be met on -site. 10. List Home Occupations as a permitt:d use in all the R-1, R-2, R-3, R-4 and R-5 zones with a note see the Supplementary Regulations section. /11. Amend Section 27.37.010(179), Definitions, Professional Office, insert This would also include, but not be limited to,. title companies, travel agencies, insurance companies real estate offices, and other persons providing services utilizing training and knowledge of the mental discipline as distinguished from training in occupations requiring mechanical skill or manual dexterity or the handling of commodities. 12. Delete Subsections 27.37.010(212)(a through o), Definition, Sexually Oriented Business. ✓13. Amend Section 27.26.050, (30), Off -Street Parking, Medical and Dental Offices. , lac-ated m th ' the H ' zene, where one -space per each 200 feet of floor area 14. Amend Section 27.26.050, (16) and (17), Drive -In Restaurants and Fast Food Restaurants, Combine these uses and call them Drive -Through and Fast Food Restaurants with the parking requirements stated as Page 12 of 13 /W Ones ace per feet of zross floor area plus on space per employee on the largest shift. 4, ,-t ,dfd� , i5. Move Section 27.34.030(8) to a new Section 27.34.040 and renumber, call it Administrative Conditional Use Permits "In certain instances, the city council may elect to place certain required Conditional Use Permits into an administrative review category, for example those that may be required for minor amendment to an already approved Conditional Use Permit, whereby the Zoning Administrator may issue such an Administrative Conditional Use Permit in compliance with guidelines set by the city council. This provision shall not be construed so as to give the power to grant or deny the Conditional Use Permit to other than the city council and shall apply only to specific categories or instances predetermined by the city council. The zoning administrator may issue an administrative conditional use permit for any conditionally permitted use where an already approved permit has been granted and the change or expansion does not exceed more than 25 percent of the overall square footage of the building or use. Any such administrative conditional use permit must substantially conform with all conditions included in the already approved conditional use permit. Page 13 of 13 { TO: GLEN NEIER, CITY ATTORNEY FROM: PJ SORENSEN, ZONING ADMINISTRATOR DATE: MAY 7, 1999 • ►il► M .M : �sE�iSl��ix► Ili I have discussed a number of text amendments to the toning ordinance with both Narda and Craig. The intent is to put together a bundle of amendments sponsored by the City to address recurring problems people are confronting due to evolving building practices, a lack of sufficient legal basis for a variance, or other practical realities. I believe the City should propose the following changes: 1. Section 27.22.020(3)(f): Amend to read "Accessory buildings shall not exceed a height of 18 feet in R zones nor the maximum height permitted for a principal building in other zones. Accessory buildings in R zones shall be limited to sin l�ry construction." The present limitation of 15 feet is too restrictive and otherwise entirely acceptable projects have not been allowed. It is importanf to include the single -story provision to help prevent apartments being constructed over garages, which is a violation of the zoning ordinance in R zones. 2. Section 27.14.020: Add "Banks/savings and loan/finance and loan companies" as a permitted use in the B-2 zone. 3. Change "Casino" to a permitted use in all zones where it is presently allowed as a conditionally permitted use. In FRDO's experience, CUP requests for casinos are routinely granted with little to no conditions. Narda indicated she knew of no such requests that had ever been turned down. Since there does not seem to be much benefit in requiring a CUP and since casinos or casino -like activity are so widespread, it makes sense to simply change it to a permitted use. 4. Section 27.22.0%(1): Add "... A single archway serving as a pedestrian entrance and being no more than nine (9) feet tall, five (5) feet wide, and four (4) feet deer), may be attached to a fence in the required yard setback area." A number of very attractive archways over front gates have been built in town. There is no problem with them per se, but the present zoning ordinance does not allow them. 5. New Section 27.22.140: "Notwithstanding any side corner setback otherwise required under this ordinance if the distance between the side setback and the side comer setback on a ccmer lot is less than 35 feet, development may occur within the side corner setback to either a point 35 feet from the side setback or ten (10) feet from the side comer property line, whichever generates a lesser encroachment." Due to the smaller lot sizes in the older parts of town, side corner setbacks have produced rather small buildable areas and numerous variance applications. By adding this section, we can alleviate a frequent problem and substantially streamline the process. 6. New Section 27.22.150: "In any "B," "I," or "P" zone. special events such as car shows boat shows RV shows carnivals. concerts, and similar outdoor_ activities not otherwise allowed in a particular zone may be permitted.provided that such special events do not occur more than seven (7) days within any three (3) month period." There have been several instances of special events in business parking lots, such as RV sales, which are not permitted uses within that particular zone. Typically, such uses are present for only a few days and there are no real problems. - 7. New Section 27.34.030(9): "The Zoning Administrator may issue an Administrative Conditional Use Permit for any Conditional Use Permit required for minor amendment to an already approved Conditional Use Permit. Any such Administrative Conditional Use Permit must substantially conform with all conditions included in the approved Conditional Use Permit." This category is available for the council to place certain conditional uses which are relatively straight forward. Presently, there are no uses in the category. This change will allow the zoning administrator to approve minor changes, such as adding a garage at an apartment complex, which technically require a landowner to petition for a CUP and go through the entire process. The administrative CUP can be an effective tool to simplify the process when the general parameters have already been set by the council.