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11. Ordinance 1306 - Zoning Text Amendment - Deloris Partnership Group - 2nd ReadingAN ORDINANCE AMENDING SECTION 27.14.030 AND ENACTING A NEW SECTION 27.35.090 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY INCLUDING "MINI -STORAGE/ RECREATIONAL VEHICLE STORAGE" AS A CONDITIONALLY PERMITTED USE IN THE B-2, GENERAL BUSINESS DISTRICT, ESTABLISHING PERFORMANCE STANDARDS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Deloris Partnership Group has submitted a written request to amend Section 27.14.030 of the Kalispell Zoning Ordinance, by requesting that mini-storage/recreational vehicle storage be allowed as a conditionally permitted use in the B-2, General Business District, 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 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-1, that mini-storage/recreational vehicle storage be allowed, with certain conditions attached hereto as "Exhibit A", as a conditionally permitted use in the B-2, General Business District, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to establish that mini-storage/recreational vehicle storage be allowed as a conditionally permitted use in the B-2, General Business District, 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-99-1 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 as follows: 1306deloristexamend.wpd 1 Section 27.14.030: Uses Which May Be Permitted By Conditional Use Permit: ...(17) Mini-storage/recreational vehicle storage SECTION II, Section 27.35 is hereby amended by adding Conditional Use Permit Standards for mini- storage/recreational vehicle storage as listed on "Exhibit A". SECTION III. All parts and por-ions of Ordinance No. 1175 not amended hereby remain unchanged. SECTION IV. 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 DAY OF , 1999. Wm E. Boharski Mayor ATTEST: Theresa White Clerk of Council 1306deloristexamend.wpd 2 EXHIBIT A CONDITIONAL USE PERMIT STANDARDS KALISPELL ZONING REGULATIONS SECTION 27.35.090 MINI -STORAGE, RECREATIONAL VEHICLE STORAGE (1) This section shall apply to t:.-Ie review of mini -storage and recreational vehicle storage facilities proposed to be located in districts that require a Conditional Use Permit for the establishment of such uses. (a) All buildings shall meet the required setback of the district. However, on sites where the rear property line is adjacent to a commercial district, no rear setback is required. (b) Landscaping that produces a sight -obscuring barrier shall be provided in areas adjacent to residentially zoned areas. Landscaping shall consist of a variety of hardy evergreen materials consisting of trees, low-, medium-, and high - profile shrubs, together with suitable ground cover such as native grasses, bark, ornamental gravel, or a combination thereof. The landscaping shall be designed, placed, and maintained in such a manner that no wall, fence, sign, or other structure or plant growth of a type that would interfere with traffic visibility shall be permitted or maintained higher than three (3) feet above curb level, within 15 feet of the intersection of any street right-of- way line or driveway. (c) Building heights shall be limited to one story (18 feet at the peak). (d) One (1) parking space shall be provided for the on - site manager with two (2) additional spaces provided at the leasing office. (e) Parking shall be provided by parking/driving lanes adjacent to the storage units. These lanes shall be at least twenty-six (26) feet wide when storage units open to one side of the lane only and at lest 1306deloristexamend.wpd 3 thirty (30) feet wide when storage units open onto both sides of the lane. (f) All storage shall be kept within an enclosed building, except propane or gasoline engines or storage tanks or any boat or vehicle incorporating such components, which shall be stored in screened exterior areas. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperable vehicles. (g) The sale of any item from or at mini -storage or recreational vehicle storage facilities is expressly forbidden, except that the facility owner may hold liquidation sales of contents of rental units to recover rental fees. (h) The repair, construction, or reconstruction of any -- boat, engine, motor vehicle, or furniture, and the storage of any propane or gasoline engine or propane or gasoline storage tank or any boat or vehicle incorporating such components is prohibited within any structure on a tract of land designated as a mini -storage or recreational vehicle storage facility. 1306deloristexamend.wpd 4 MEMORANDUM TO: AL THELEN, INTERIM CITY MANAGER FROM: PJ SORENSEN, ZONING ADMINISTRATOR DATE: APRIL 9, 1999 RE: CONDITIONAL USE PERMITS/MINI-STORAGE Question Presented.- Are there presently specific standards for mini-storage/recreational vehicle storage facilities as part of the conditional use permit process? If not, how could such standards be implemented? Every zoning district has some number of uses which may be permitted by conditional use permit ("CUP"); R-5 has the least (8) and I-2 has the most (83). The majority have somewhere between 15 and 30 conditional uses. In the ordinance sections where the conditional uses are listed, only the use itself is set forth and no particular standards are included. The conditions attached to a CUP result from a case -by -case analysis and an application of the general guidelines in Sec. 27.34.080, KZO, which is attached. Certain uses also have specific standards. See Chapter 27.35—"Additional Requirements for Specific Conditional Uses," which is also attached. However, mini -storage and RV storage are not presently among the handful of uses falling under that chapter. In order to implement specific standards as recommended by FRDO, an additional section should be added under Chapter 27.35. The new section would set forth whatever specific standards, if any, the council feels should be applied to any mini -storage or RV storage facility granted a CUP. Page 140 - Kalispell Zoning Ordinance (b). Unless the applicant can demonstrate and maintain a continuous good faith effort (preparing financing, securing state or federal permits, undertaking engineering and design, etc.) in commencing the activity. 27.34.070: Denial of Application. (1). In the event an application is denied by the city council, no resubmittal of an application for a Conditional Use Permit may be made for one (1) year from the date of said denial, unless sufficient new evidence or conditions are offered to the Zoning Administrator to demonstrate that circumstances have altered and that further consideration of the application is warranted. In such an event, the resubmittal application shall follow the same procedures as the original, and shall be treated as a new application. (2). Denial of an application for a Conditional Use Permit may be appealed to a court of competent jurisdiction within 30 days from the date of such a denial. 27.34.080: Review Criteria. (1). No Conditional Use Pen -nit shall be issued except upon a finding by the city council that the proposed use conforms to the requirements set forth in this chapter and that the proposed conditional use will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered in this connection are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service areas, utilities, screening and buffering, signs, yards and other open spaces, height, bulk and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration. However, an authorized conditional use may not be denied arbitrarily or if no specific adverse effect is found. (2). A Conditional Use Permit may be granted only if the proposal, as submitted, conforms to all of the following general Conditional Use Permit Criteria, as well as to all other applicable criteria that may be requested: (a). That the site is suitable for the use. This includes: 1). adequate usable space, Conditional Use Perntits - Page I41 2). adequate access, and 3). absence of environmental slope, etc.). constraints (floodplain, (b). That the site plan for the proposed use will provide the most convenient and functional use for the lot. Consideration should include: 1). parking scheme, 2). traffic circulations, 3). open space, 4). fencing/screening, 5). landscaping, and 6). signage. (c). - That the following services and facilities are available and adequate to serve the needs of the use as designed and proposed: 1). sewer, 2). water, 3). storm water drainage, 4). fire protection, 5). police protection, and 6). streets. (d). That the proposed use will not be detrimental to abutting properties in particular and the neighborhood in general. Typical negative impacts which extend beyond the proposed site include: 1). excessive traffic generation, 2). noise or vibration, 3). dust, glare, heat, 4). smoke, fumes, gas, or odors, and 5). inappropriate hours of operation. (e). That the historical uses and established use patterns be weighed with recent change in trends in the neighborhood. (f). That the proposed use will not cause or contribute to a decline in property values of adjacent properties. 27.34.090: Burden of Applicant. The burden of proof for satisfying the aforementioned criteria considered for approval shall rest with the applicant Additional Requirements For Specific Conditional Uses - Page 143 CHAPTER 2735 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES Sections: 27.35.010 Animal Hospitals, Pounds, Kennels, Animal Shelters, and Veterinary Clinics 27.35.020 Bed and Breakfast 2735.030 Cluster Developments - Dwellings 2735.040 Day Care Centers -13 or more individuals 27.35.050 Electrical Distribution Stations 2735.060 Extractive Industries 27.35.070 Sexually Oriented Business 2735.080 Transmission Towers: Television., Radio, Microwave Tower, and Telecommunications Equipment 27.35.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, Veterinary Clinics. Household animals (specifically dogs and cats) boarded overnight should be kept in climate -controlled, sound -proofed buildings or, where facilities are not sound -proofed. No partially or fully enclosed structure or fenced open area (runs, pens, etc.) used to confine animals shall be closer than 100 feet to an adjacent property line. Household animal excreta shall be removed from the site daily or as otherwise necessary to avoid the spread of objectionable odors, insects, pests, and objectionable surface drainage. 2735.020: Bed and Breakfast. (1). The Conditional Use Permit shall specify the number of rental rooms and total number of guests permitted in the facility. (2). The bed and breakfast uses shall be limited to the principal structure and not extend to any accessory or added structure. (3). Room rentals to families or individuals shall not exceed fourteen consecutive days. (4). The bed and breakfast facility must be accessory to and contained within the existing single-family dwelling occupied by the dwelling's owner. (5). An occupancy permit shall be obtained from the city building department prior to the commencement of business. Page 144 - Kalispell Zoning On finance (6). The bed and breakfast facility will be subject to a yearly review by the Zoning Administrator. If an approved facility is not established within one year of the approval date, or is not established within one year, the approval automatically expires and a new application is required. (7). Transfer of ownership of the bed and breakfast facility will require review by the zoning commission and issuance of a conditional use permit in the new owner's name. (8). The bed and breakfast facility must maintain an up-to-date guest register. (9). The owner(s) of the dwelling must be in permanent residence and maintain full use of the kitchen, dining room, living room, and at least one bedroom and bathroom not accessible to the overnight lodgers. (10). Overnight lodgers shall not have direct access to cooking facilities although the permanent resident(s) of the dwelling may provide breakfast service to the guests. (11). The residential structure shall not be significantly modified to provide additional sleeping rooms or exhibit a non-residential appearance except for a small permitted sign as provided for in subsection (12) of this section. (12). A freestanding placard or a nameplate attached to the front entryway or gate of the house with the words "Bed and Breakfast" may be permitted, but in no instance shall the size of said placard or nameplate exceed four hundred thirty-two square inches. Further, said sign shall be architecturally harmonious with the residential structure and shall not rotate, move, flash or blink. (13). The use of the bed and breakfast facilities shall be limited to the exclusive use of the residential dwellers and their overnight guests. No other use such as a restaurant, bar or otherwise which attracts nonboarding customers is permitted. No alcoholic beverages shall be sold on the premises. (14). No people, other than the residents of the dwelling may be employed or otherwise assist in the operation of a bed and breakfast facility. (15). One off-street parking space will be required for each sleeping room plus two (2) spaces for the resident owner. Additional Requirements For Specific Conditional Uses - Page 145 (16). The use of the residential dwelling for bed and breakfast must comply with all applicable state "rules" pertaining to "Food, Public Accommodations, and Consumer Safety" and with all applicable building and fire codes. 27.35.030: Cluster Developments - Dwellings. Cluster developments shall be subject to the following: (1). Minimum area of the development shall be not less than 21,000 square feet. (Amended Ordinance No. 1231.) (2). Types of buildings: (a). Within the R-1 and R-2 residential districts, only one -family detached dwellings shall be permitted; (b). Within the R-3 and R-4 residential districts, detached, semi-detached and attached dwellings shall be permitted. (c). Within the RA-1 and RA-2 residential districts within the redevelopment area, only attached dwellings shall be permitted. (3). Minimum area per dwelling unit. The minimum area per dwelling unit, excluding streets and off-street parking areas for three or more automobiles shall be as follows: (a). One acre per dwelling unit for any development within an R-1 residential district; (b). 9600 square feet per dwelling unit for any development within an R-2 residential district; (c). 7000 square feet per dwelling unit for any development within an R-3 residential district; (d). 6000 square feet per dwelling unit for any development within an R-4 residential district; (4). Lot size. The minimum size of a lot of record within a cluster development shall be as follows: (a). Detached dwellings: The minimum size of a lot of record within the development for detached dwellings shall be at least eighty percent of the minimum area required per dwelling unit but not less than four thousand five hundred Page 146 - KalispeU Zoning Ordinance square feet provided, that an area equal to the difference, if any, between the minimum area required per dwelling unit and the size of the lot of record actually provided shall be set aside as common open space; (b). Attached dwellings: The minimum lot size of a lot of record within the development for attached dwellings shall be two thousand five hundred square feet for one dwelling unit and five thousand square feet for two dwelling units. Attached dwellings shall not exceed eight dwelling units in one building. The area equal to the difference, if any, between the minimum area required per dwelling unit and the size of the lot of record actually provided shall be set aside as common open space. The minimum lot size of a lot of record within a cluster development in the Redevelopment Area shall be at least 1,500 square feet for one dwelling unit. (5). Common open space. Common open space, permanently reserved and maintained as landscaped park or recreational space and excluding streets or parking areas shall be provided within the development area. (a). The required amount shall equal the difference between: 1). The total of the minimum area requirements of individual lots of record, if the land utilized for the cluster development were developed under the district regulations; and 2). The total of the area of the lots of record actually provided per dwelling unit of the cluster development. (b). The location, size, nature and topography of the open space areas shall be suitable for use in common areas for park, recreational purposes and buffer areas between groups of homesites and not more than fifty percent of the open space areas resulting from the reduction of lot sizes shall have a slope in excess of twenty percent. (c). As specifically applied to the Redevelopment Area, common open space, within the zoning lot, permanently reserved and maintained as landscaped area or recreational space shall be provided in an amount equal to the open space requirement of the District. AdditioiW Requirements For Specific Conditional Uses - Page 147 (6). Yards. Yards abutting the boundaries of cluster developments shall conform to the minimum requirements for the district; provided, that landscaped strips at least ten feet in width shall be maintained along the boundaries of the development. Such strips shall not be used as drives or for parking. Where groups of buildings in the development are other than perpendicular to a side or rear boundary of the cluster development and such boundary is not a street or alley, the yard adjacent to such boundary shall be thirty feet in least dimension and a ten foot landscaped strip shall be maintained free from drives or parking. As applicable to the Redevelopment Area, yards abutting the boundaries of cluster developments shall conform to the minimum requirements for the district. Where groups of buildings in the development are adjacent to a side boundary and such boundary is not a street or alley, the yard adjacent to such boundary shall be maintained free from drives or parking. - (7). Lot coverage. The maximum lot coverage by all buildings, as specified for the district, shall be applied to the cluster development as a whole and not to individual lots of record within the cluster development. (8). Covenants. Adequate provision shall be made for the perpetual maintenance of all open space areas by the inclusion of covenants running with the land in the deeds or other instruments of conveyance, delineating such open areas; and (a). Obligating purchasers to participate in a homeowners' association and to support maintenance of the open space areas by paying to the association, assessments sufficient for such maintenance and subjecting their properties to a lien for enforcements of payments of the respective assessments; (b). Obligating such association to the maintenance of open space areas; (c). Empowering the city as well as other purchasers in the development to enforce the covenants in the event of failure of compliance; and (d). Providing for an agreement that if the city is required to perform any maintenance work pursuant to item (c) above, said purchasers would pay the cost thereof and that the same shall be a lien upon their properties until said cost has been paid; provided, that the subdivider shall be responsible for Page 148 - Kalispell Zoning Ordinance the formation of the homeowners' association. Assurance that such covenants will be included in the deeds or other instruments of conveyance shall be evidenced by the recording in the county clerk and recorder office of Flathead County, Montana, of a declaration providing for perpetual maintenance of the open space areas, as prescribed herein above and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers; provided, that such declaration may, as to subsequent conveyance other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance. 27.35.040: Day Care Centers -13 or more individuals. (1). Day care centers must be properly licensed by the State of Montana. (2). Day care centers must provide adequate drop-off and pick-up areas. The required area shall be based upon the maximum number of individuals cared for at a single time. Specifically, there shall be 160 square feet of signed drop-off/pick-up area for every six (6) individuals. [See also 27.26.050(14)] (3). Where outside recreation facilities are provided, a six-foot high sight -obscuring fence around the recreation area may be required to be maintained and the recreation area should be situated in the rear half of the site. (4). In all residential (R-1 through R-4) zones: (a). Existing residential structures shall not be significantly modified so as to exhibit a non-residential appearance; (b). Signage shall be architecturally compatible with the primary building and shall not flash, blink or rotate; (c). Preference is given to day care centers located on collector or arterial streets; and (d). Any new construction allowed in a residential zone for the operation of a day care facility shall substantially resemble a conventional single-family dwelling. 27.35.050: Electrical Distribution Stations. When located within a residential, residential apartment, or business zone, electrical distribution stations shall meet the following requirements: Additional Requirements For Specific Conditional Uses - Page 149 (1). The station shall be completely surrounded by a security fence that shall be at least eight (8) feet in height. (2). The perimeter of the electrical distribution station shall be landscaped with sight -obscuring trees, shrubs or bushes. Such landscaping shall be designed to improve the appearance of the site while allowing for normal operational and safety factors of the station. A parcel of land that does not meet the minimum lot area requirement of the zone may be created for the placement of an electrical distribution station. The site shall be large enough to accommodate any required landscaping. 27.35.060: Extractive Industries. Requirements contained in this section shall not exempt the owner or operator of an extractive industry from compliance with the Montana Open Cut or Strip Mine Reclamation Act, Title 82, Chapter 4, M.C.A., but shall be in addition to the requirements of said Act. Prior to the approval by the Board of a Conditional Use Permit, a reclamation contract shall be signed and approved by the owner or operator and the appropriate state agency. (1). Operational requirements. The site of an extractive industry shall be of sufficient size and dimensions to accommodate the proposed operations. Consideration shall be given to noise, light, dust, smoke and vibration and how they affect adjoining properties. Blasting operations shall be restricted to Monday through Friday between the hours of 8 a.m. and 5 p.m. Off-street parking areas adequate for all employees vehicles and trucks shall be provided. (2). Plan for development of the site. The plan to be submitted with the application for a Conditional Use Permit shall include a plan for development of the subject property which shall consist of two phases: The exploitation phase and the re -use phase. (a). Exploitation phase. The plan for the exploitation phase shall show the proposed development as planned in relation to surrounding property within three hundred feet and shall include topographic surveys and other materials indicating existing conditions, including soil and drainage and the conditions, including drainage, topography and soil which shall exist at the end of the exploitation phase. Contour intervals for topography shall be five feet in areas where slope is ten percent or greater and two feet in areas where slope is less than ten percent. Page 150 - Kalispell Zoning Ordinance 27.35.070 The plan for exploitation phase shall demonstrate the feasibility of the operation proposed without creating hazards or causing damage to other properties. This plan shall also show the different states of exploitation, where and how traffic will be handled, where equipment will be operating, the location and dimension of structures, the manner in which safeguards will be provided, including those for preventing access by children and other unauthorized persons to dangerous areas. The final stage of this plan shall indicate how the project is to be finished in accordance with the phase for reuse. (b). Reuse phase. The plan for the reuse phase shall indicate how the property is to be left in a form suitable for reuse for purposes permissible in the district, relating such reuses to uses existing or proposed for surrounding properties. Among items to be included in such plan are feasible circulation patterns in and around the site, the treatment of exposed soil or subsoil including measures to be taken to replace topsoil or establish vegetation in excavated areas in order to make the property suitable for the proposed reuse and treatment of slopes to prevent erosion. Sexually Oriented Business. (1). A sexually oriented business shall not be located within 1,000 feet of (a). A church; (b). A public or private elementary or secondary school; (c). A boundary of any residential district; (d). A public park adjacent to any residential district; (e). The property line of a lot devoted to residential use; (f). Another sexually oriented business. (2). Consideration and evaluation of a proposed sexually oriented business shall address the relationship of the proposed business with the surrounding character of the area. At a minimum, conditions of approval shall address the following land use features: (a). Traffic, ingress/egress; (b). Signage; (c). Exterior lighting; (d). Landscaping and screening; (e). Exterior colors of structure; and (f). General site plan characteristics such as parking and extension of utilities. 27.35.080: Additional Requirements For Specific Conditional Uses - Page 151 Transmission Towers: Television, Radio, Microwave Tower and Telecommunications Equipment. (1). A Conditional Use Permit shall be required for transmission towers of the following categories: (a). VHF and UHF television; (b). FM radio; (c). Two-way radio; (d). Common carriers; (e). Cellular telephone; and (f). Fixed point microwave. (2). Conditional Use Permits shall not be required for antenna associated with ham radio, citizens band radio, a telecommunications device that only receives an RF signal, and a sole -source emitter with more than one kilowatt average output. (3). Issuance of a Conditional Use Permit shall take into consideration: (a). Visual effects; (b). Height; (c). Structural integrity; (d). Radiation emissions; (e). Effects on adjoining land use; (f). Possibility of shared use; (g). Effects on City airport operations; (h). Effects on other communication devices; and (i). Site location alternatives. (4). Application for a Conditional Use Permit shall include a site plan for review by the Site Development Review Committee. (5). General requirements of a Conditional Use Permit shall include: (a). Required sharing of antenna whenever practical; (b). Substantial setbacks to avoid hazards from tower collapse and falling ice, etc.; (c). Screening; and (d). Engineer's certification regarding structural safety.