3. Ordinance 1350 - 1st Reading - Reclassifying Casinos in Zoning OrdinanceREPORT TO:
FROM:
SUBJECT:
City 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 1350—reclassification of uses)
MEETING DATE: March 6, 2000
BACKGROUND: If the definition of "casino' is changed without any further amendments,
new gaming machines would only be allowed in the B-2 and B-4 zones. At present, in addition to
those two zones, gaming machines are allowed in the B-3, B-5, and I-1 zones subject to the
problematic limitations resulting from the current definition. The gaming use is allowed in those
situations because it would be accessory to a bar, which is a permitted use in the B-3 and B-5
zones and a conditional use in the I-1.
Thus, we have proposed a change in the zones in which casinos are allowed to accompany
the proposed new definition. The planning board recommended that casinos (as newly defined)
would be placed in the same category as "Bars, Taverns, Cocktail Lounges, and Clubs" with the
new category being designated as a conditional use in the B-2, B-3, B-4, B-5, and I-1 zones.
After the Council work session, the proposal was changed. "Bars, Taverns, Cocktail
Lounges, and Clubs" were placed in each zone as an administrative CUP. "Casinos" were placed
in each zone as a conditional use with the restriction that they need to be 300 feet or more from
churches, schools, parks, residential zones, and other casinos. The 300 feet would be measured
from property line to property line. A map will be provided at the meeting indicating the effect of
the 300 foot limitation.
It is important to keep in mind that the City cannot regulate the number of casinos or
gambling itself. The power for such regulation lies with the State. The City can, however,
designate the location of casinos. As you consider this ordinance, a direct or de facto cap on the
number of casinos is not allowed under state law. You have to focus on proper location, not the
number of casinos in the city.
This proposed ordinance, in conjunction with the proposed definition 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 Chris Kukulski
Zoning Administrator City Manager
Report compiled March 1, 2000
ORDINANCE NO. 1350
AN ORDINANCE AMENDING §§27.14.020, 27.14.030, 27.15.020, 27.15.030,
27.16.020, 27.16.030, 27.17.020, 27.17.030, AND 27.18.030,
KALISPELL ZONING ORDINANCE, BY DESIGNATING "BARS, TAVERNS, COCKTAIL
LOUNGES, AND CLUBS° AS USES ALLOWED BY ADMINISTRATIVE CONDITIONAL
USE PERMIT IN THE B-2 (GENERAL BUSINESS), B-3 (COMITY BUSINESS),
B-4 (CENTRAL BUSINESS), B-5 (INDUSTRIAL/COMMERCIAL), AND I-1 (LIGHT
INDUSTRIAL) ZONES, AND -CASINOS" AS A CONDITIONALLY PERMITTED USE
IN THE B-2 (GENERAL BUSINESS), B-3 (COMMUNITY BUSINESS), B-4
(CENTRAL BUSINESS), B-5 (INDUSTRIAL/COMMERCIAL) , AND I-1 (LIGHT
INDUSTRIAL) ZONES AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written
request to amend the use classification of casinos
in the Kalispell Zoning Ordinance, 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
classification of casinos be amended, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that "Bars, taverns,
cocktail lounges, clubs and casinos" be designated
as a conditionally permitted use in the B-2
(General Business), B-3 (Community Business), B-4
(Central Business), B-5 (Industrial/Commercial),
and I-1 (Light Industrial) zones, 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 by the Kalispell City -
County Planning Board and Zoning Commission 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 27.14.020, Permitted Uses
(10). Barber and beauty services.
(3_�11). Boat sales, new and used.
Section II. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.14.030, Uses Which May Be Permitted By
Conditional Use Permit
(3). Assembly halls/coliseums/stadiums/convention hall
facilities.
(4). Bars, taverns, cocktail lounges, and clubs.
(Administrative CUP)
(4-5). Campground/RV Park.
(6). Casino if 300 feet or more from churches, schools,
parks, residential zones, and other casinos,
measured from property line to property line.
(67). Community residential facilities for eight or
fewer persons. (Ordinance No. 1209)
Section III. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.15.020, Permitted Uses
(8). Barber and beauty services.
(9). Bar, tavern, cocktail lounge, •
(3-&9) . Candy products manufacture, retail on premise.
Section IV. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.15.030, Uses Which May Be Permitted By
Conditional Use Permit
(1). Apartments, accessory. (Amended Ordinance No. 1195)
(2). Bars, taverns, cocktail lounges, and clubs.
(Administrative CUP)
(3). Casino if 300 feet or more from churches, schools,
parks, residential zones, and other casinos,
measured from property line to property line.
(-a4). Community center/gym/swim pools -operated by
public/quasi-public
Section V. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.16.020, Permitted Uses
(6). Barber and beauty services.
($7). Candy products manufacture, retail on
premises.
Section VI. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.16.030, Uses Which May Be Permitted By
Conditional Use Permit
(5). Automobile service station (see definition).
(6). Bars, taverns, cocktail lounges, and clubs.
(Administrative CUP)
(,67) Bus passenger terminal buildings, transit
terminals.
(-78). Casino if 300 feet or more from churches,
schools, parks, residential zones, and other
casinos, measured from property line to
property line.
($9). Drive-in banking facility.
Section VII. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.17.020, Permitted Uses
(13). Barber and beauty services.
•
(i-514). Bedding/carpet/upholstery-manufacturing/
cleaning/renovating.
Section VIII. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended to read
as follows:
Section 27.17:030, Uses Which May Be Permitted By
Conditional Use Permit
(1). Assembly halls/coliseums/ stadiums/convention hall
facilities.
(2). Bars, taverns, cocktail lounges, and clubs.
(Administrative CUP)
(-a3). Bus passenger terminal buildings, transit
terminals.
(4). Casino if 300 feet or more from churches,
schools, parks, residential zones, and other
casinos, measured from property line to
property line.
(a5). Drive-in banking facility.
Section IX. The City of
Ordinance No.
as follows:
Kalispell Zoning Ordinance,
1175, is hereby amended to read
Section 27.18.030, Uses Which May Be Permitted By
Conditional Use Permit
(3). Auto wrecking/junk yards (see definition)
(4). Bars, taverns, cocktail lounges, and clubs.
(Administrative CUP)
(5). Bulk storage of liquified propane and similar
flammables.
(6). Canvas/burlap products manufacturing, sales, and
storage.
(7). Casino if 300 feet or more from churches, schools,
parks, residential zones, and other casinos,
measured from property line to property line.
(�8). China manufacture.
Section X. All parts and portions of the Kalispell Zoning
Ordinance not amended hereby shall remain the
same.
Section XI. This Ordinance shall take effect thirty (30)
days from and after its final passage by the
City Council.
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