12a. Ordinance 1322 - Text Amendment - Accessory Building HeightsI ;0 a
FROM:
SUBJECT
ISM Dip 0 _ i
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Various Amendments to the Kalispell Zoning Ordinance
Initiated by the City of Kalispell
June 21, 1999
BACKGROUND: This is a request initiated by the City of Kalispell for various
amemLments to the Kalispe» Zoning Ordinance.- These amendments are intended to
be "general housekeeping" amendments that will address various issues which
continue to arise. There is one item which has become problematic which may
generate some controversy and that relates to placing casinos in the same category
as bars, taverns and cocktail lounges and making them a conditionally permitted use
in all zoning districts where they are allowed. These items were before the Kalispell
City -County Planning Board for public hearing and consideration on June 8, 1999.
'be planning board is recommending that the amendments be approved as
recommended in the enclosed Attachment A. The recommendation to place bars,
taverns, cocktail lounges and casinos in a conditionally permitted use category was
recommended on a vote of five in favor and three opposed after considerable
discussion. The discussion is outlined in the enclosed minutes.
RECOMMENDATION: A motion to adopt the ordinance amending the Kalispell
Zoning Ordinance for the various sections would be in order.
FISCAL EFFECTS: Undetermined.
ALTERNATIVES: As suggested by the city council.
?A& 4, -h� C")k��_
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 15, 1999
A-, , achments: letter of transmittal
Staff report KZTA-99-5 and back-up materials
Draft minutes from the 6/8/99 planning board meeting
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
ORDINANCE NO. 1322
AN ORDINANCE AMENDING SECTION 27.22.020 (3)(f) OF THE KALISPELL
ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ALLOWING ACCESSORY
BUILDINGS HEIGHTS OF EIGHTEEN (18) FEET, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend Section 27.22.020 (3)(f) of the Kalispell Zoning Ordinance,
to allow accessory buildings heights of 18 feet in Residential, R,
zones, 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-99-6, that accessory building heights
in R zones be changed from 15 to 18 feet, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to allow for accessory buildings heights of 18
feet in all R 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 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 as
follows:
Section 27.22.020 (3)(f). Accessory buildings shall not
exceed a height of 18 feet in all R zones nor the maximum
height of a principal building in other zones. Accessory
buildings in R zones shall be limited to single story
construction.
1322 building height.wpd 1
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SECTION III. 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 JULY, 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
1322 building height.wpd 2
MEMORANDUM
TO: GLEN N-EIER, CITY ATTORNEY
FROM: PJ SORENSEN, ZONING ADMINISTRATOR
DATE: MAY 7, 1999
RE: _ ZONING TEXT AMENDMENTS
I have discussed a number of text amendments to the zoning 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 single -story constructiom" The present
limitation of 15 feet is too restrictive and otherwise entirely acceptable projects have not been
allowed. It is important 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 Ioan/fmance 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 27.22.090(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 deep. 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 corner setback on a
ccmer lot is less than 35 feet, development may occur within the side comer setback to either a
point 35 feet from the side setback or ten (10) feet from the side corner pro grty 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 anv "B," "l," 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 anv 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(4): "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.
,nj1P
May 7, 1999
Narda Wilson
Flathead Regional Development Office
723 51h Avenue East
Room 414
Kalispell, MT 59901
Re: Accessory Building Height in Residential, R-4 Zone
Dear Narda:
The Kalispell Board of Adjustment on May 4, 1999 heard a zoning variance
request in a Residential, R-4 zone. The applicant specifically requested
that they be allowed to build an unattached garage over 15' in height.
The Board of Adjustment turned the variance down for a variety of
reasons, but opined the Zoning Ordinance § 27.22.020 (1)(f) had little
reason to exist, at least, in an R-4 zone.
P.J. Sorensen, City Zoning Administrator, agrees with the Board of
Adjustment, as does the City Attorney's office. P.J. has proposed a
series of amendments which have been previously discussed, perhaps as
part of a substantial revision to the Ordinance. His memo to Glen Neier
accompanies this letter for your examination.
If it can be done without much fanfare, -this office would appreciate your
review of the proposed changes and if appropriate, present said changes
to the City -County Planning Board and Zoning Commission for their
consideration at the June 8, 1999 meeting. We would like to have the
items considered at the June 21, 1999 meeting of the Council.
Thank you for your consideration of this matter. If you have questions
please call.
Sincerely,
C�,�
A,
Chris Kukulski
City Manager
PC: P.J. Sorensen
Guy and Kim Claire
Glen Neier
RECEIVED
MAY 1 1 1999
A®ta�TirE,�p REc101r.
"a 0- . %s
Post Office Box 1997Kalispell,Montana.•i ••
Flathead Regional Development ent Office
723 5tb Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-598ti
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.
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
.Jean J
F;irr,. .
Providing Community Planning Assistance To:
• Flathead County • 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
June 15, 1999
Page 3 of 5
:i.,f
CITY OF
ZONING tii E ttlfNTS AS RECOMMENDED BY THE
KALISPELL CITY-COU'NTY PLANNINGBOARD
•
!. Section 27.22.020(3)(f) news er-y buildings shall net e .eeed µ height of , c - t
, �...-., .. .J .. .b... ....�.� .. ..�-. baa� . �v a.., a.t in
zenes. _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.
3. Section 27.37.010(44) Definitions, Casino,
+:..:+.. .. r,,:. . n:+,. ,. +s.., r--
c) ;
d)
gamb—g Mae,
• 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 ewes bars, tavems cocktail lounges, clubs and casinos 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 /
Industrial District; and the I-1, Light Industrial district.
5. 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.
City of Kalispell Zone Text Amendment
June 15. 1999
Page 4 of 5
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 reduce 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 a one 9+e4hr-eemonth period.
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
which t efe is asseeiated-ther-e%ith the following standards are met:
(i). Any commodity sold upon the premises eeeept thatis must be
produced on the premises
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 tie 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, consultiniz services, Dersonal 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 shallbe no Any exterior display or exterior storage of materials, -signs
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.
City of Kalispell Zone Text Amendment
June 15, 1999
Page 5 of 5
(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 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.
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.
14 ' ze wha-Fo 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 oarkina requirements stated as One space per 84 100 feet
of gross floor area plus one space per employee on the largest shift and a
minimum of -four stacking spaces.
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 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.
Item 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 ttrith the
parkina requirements stated as: On space per 80 square o feet of
gross -floor area plus on space per employee on the largest shift.
Wilson explained that the current requirement of one space for
every 50 feet of floor space is excessive, and that stacking spaces
should be considered. Stacking spaces is the number of cars in
the drive through, such a one car waiting, one at the order
window, another car -and then one at the pick up window so that
there are no cars out in the street.
Johnson explained that an example is that the current regulations
have Pizza Hut and Taco Bell as the same type of business and
require the same parking, and that fast food drive through
restaurants, such as Taco Bell predicate their volume on stacking
spaces not parking as they are moving the customers through in a
very short period of time.
The unanimous board consensus was to amend the
-- recommendation to 100 feet and a minimum of four stacking
spaces.
Item 15: Move section 27.34.030(8) to a new Section 27.34.040
and renumber, call it Administrative Conditional Use Permit.
Garberg stated concern when bureaucratic or administrative
decisions are made. He noted that policy should be made by
elected officials.
Wilson explained that this regulation is to allow the zoning
administrator the power to issue an administrative conditional use
permit on a request to expand on an already granted conditional
use per 't by 25 percent which substantially complies with the
conditions already placed by the original permit.
Stevens stated that he was satisfied with the recommended
amendment because the use is going to remain the same as the
original conditional use permit and 25 percent is not a huge
expansion and the ad niinistrat=ve conditional use permit will have
to comply with the conditions placed on the existing conditional
use permit.
The board unanimously agreed with the staff recommendation.
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 Planning Loacu
Minutes of meeting June 9, 1999
Page 1 I of 12
NEW BIDS S
rILiN tom/"'A
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
Kalispeil City County Planning Board
Minutes of meeting June 8, 1999
Page 12 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 J 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.
Item 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 mau be
permitted in the B," `I,' and `P' zones provided they do not exceed
seven days in the three month period..
Craig Kerzman stated that this amendment would give the
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 9 of 12
building department guidance on allowing temporary uses. These
special events are not accessory uses or listed as permitted uses
in those zones and so the only category they can be placed in is
temporary uses. He noted that for allowed frequency it would t
up to the board.
Sipe asked if these types of activities were causing any problems
and was answered that at this time there had been no problems
associated with these temporary special events.
Wilson explained that the current process to allow these
temporary special events is to go through the conditional use
permit process going from the Flathead Regional Development
Office, to the planning board and then to the council before they
can lawfully take place. She stated that this is cumbersome and
time consuming for such short events.
The board discussed having these allowed more often than seven
days in a three month period. They were in agreement that they
could be allowed more often in that many of these events enhance
the community.
By unanimous board consensus item 7 was amended to "seven
days in a one month period".
Item 11: Amend Section 27.37.010(179), Definitions, Professional Office,
insert This would also include, but not be limited to. title companies, tray '
agencies, Insurance companies, real estate offices....
Wilson read and clarified the current regulations, noting that
these businesses had been left out by oversight and the "but not
limited to' clause gives some flexibility.
The board agreed by unanimous consensus to accept the
recommendation as written by staff. -
Item 13: Amend Section. 27.26.050, (30), Off -Street Parking,
Medical and Dental Offices. ices. This would allow for one space per
each 200 feet of floor area_
Wilson noted that there is actually a book that gives parking
requirements based on specific uses, and this book has been
researched by staff. The staff believes that the current city
regulations generally require too much parking. This amendment
would lessen the required parking, make the regulations
consistent, and allow what they have found to be acceptable
parking requirements.
By a show of hands the board unanimously agreed to accept item
13 as recommended by staff.
Kalispell City County Planning Boar,
Minutes of meeting June 8, 1999
Page 10 of 12
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 f ndLings, 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 Kalispell 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 >I°ARING The public hearing was opened to those in favor of the
amendments.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 7 of I2
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 the
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 permitted 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 thL
Kalispell City County Planning Board
Minutes of meeting lure 8, 1999
Page 8 of 12
_.ems :-
REQU
ST
ZONMG TEXT AMENDMENTS
FLATi{. ' f REGIONAL DEVELOPMENT
STAFF REPORT #KZTA-99-6
JUN- ..
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), " essefy buildings shell net o ea height
Accessory buildings shall not exceed a height
2.
7
Section 27.14.020, Pe'tted Uses in the B-2, General Business,
district. Banks, saving and loan, finance companies.
3. Section 27.37.010(44) Definitions, Casino, An establishment where
Page t of 13
ZZ
• 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-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.
S. Section 27.22.080(1): -Fences, Walls and Hedges, Add, A single
archway serving as a pedestrian entrance and beine 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 comer 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 A "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 categoriare-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.
leef 4hi one space per each 240 feet of floor
area -is- .
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 gross floor area plus one space ver emplovee
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 spec 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. Anv such administrative conditional use
permit must substantial v conform with all conditions included in the
already approved conditional use permit.
Page 3-of 13
Stab Discussion,:
1. Section 27.22.020(3)(f),
c 15 Eon. ,, n «t,e .. ,�,,, >,a;nkt _:4-*oa 4r, g .E p&}
building in other nes. 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 comvanies.
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, Ares lish—en-t � h— -
a)
d)
• Change to: An establishment which offers legal rambling 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
4. Change casing 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-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 single
archwav serving as a pedestrian entrance and being no more than nine
feet tall, five feet wide and four feet deep, may 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-Conformine Lots: On corner lots which are non-
confor-Wing 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 'F 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, Supplementaryryy 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
TPage 5of13
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.
l iome 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 grovided
sheAl be -.--:—,led in-vAaieh there is ther-ewi+u
the following
standards are met:
(i). Any commodity sold upon the premises must
be produced on the premises theFe ..,er-ir, aeeesseFy to the he
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 ape of auto, boat or RV repair,
maintenance or oainting;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 atd=_4s 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 corrivaniesoreal 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. One e n-r-�ch�0��s:� ee-z of c, , n, ufAess_
leeata wigiin''� � 1 1 ze .�'� one space per each 200 feet of floor
area -is -
.
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-Throup-h
and Fast Food Restaurants with the varkinR requirements stated as
Ones ace per 80 feet of gross floor area plus ones ace Rer employee
on the largest shift.
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
Page 7 of 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 hermit 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. And 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.
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.
5
N.
?.
1:1
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 ofpeople?
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, parks and other public requirements?
Public services and facilities would generally be anticipates 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 for particular 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 eive 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 aAgropriate use of the land
throughout the jurisdiction?
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)
2. Section 27.22.020(3)(f),
Accessory buildings shall not exceed a height
zones. Acdessory buildings in R zones shall be limited to single story
constructio . } R
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, A-
establhernt
"
a)
b)
c)
d) The
pfLd,,m ra t seafee
r ine,,.,.,e is f ,,m
n ,- bl
;
ng _-event
live
less
than six
«.a
�entains ne
Aoeri
the
ee-+d games,
�.
`iz.csz c„�%t-
maehine�
*
the establish.
9 —,, de—es__w
-Bent.
a zle,y is'�zc�".zd
—e--pfifaaff use eff
Page 10 of 13
Cbange:_io: establishment which offers legal gambling as either a
Gh ge casino to a conditionally permitted use in the B-2, General
Business Dis ct, and B-4, Central Business District, to-
ttee-and coupl witfi�afs, ern-g; cocktail ounges, c u In the B-3,
Community Business District, an - ommercial / 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. qh44r0(._' �fk4N A) 1- / 4 7A.1 -�r w
i
S. Section 27.22.080(1): Fences, Walls and Hedges, Add, A singje
archway serving as a pedestrian entrance and being no more than nine
feet tall, five feet wide and four feet dew, 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 reduce to
ten feet.
ter. 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 "PA zones provided they do not exceed seven days in the
IhTee-
month period.
S. 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 which is must
be produced on the premises
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, personal services and phoj aphY
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.
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. G e spaee e eaeht" gF sssn o feet f fleer afea, mess
leeated %igiinthe r} ere 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
/00
Ones ace per 96eet of gross floor area plus on space per employee
on the largest shift. 4, �� ,i 1 4t .
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 ma issue
ssue
an administrative conditional use permit for any conditionally permitted
use where an already approved pe t 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