05. Ordinance 1327 - Text Amendment - Administrative Conditional Use Permit - 1st ReadingREPORT TO:
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SUBJECT:
Honorable Mayor and City Council
PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
Ordinance 1327 (Administrative Conditional Use Permits)
MEETING DATE: July 6, 1999
BACKGROUND: There is presently a category in the zoning ordinance referred to as
"Administrative Conditional Use Permits." It is available for the council to place certain
conditional uses which are relatively straight forward. There are no uses listed in the category.
This ordinance will allow the zoning administrator to approve minor changes to uses which have
already been granted a CUP, 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 and streamline the process when the general parameters
have already been set by the council.
RECOMMENDATION:
FISCAL EFFECTS:
ALTERNATIVES
Respectfully submitted,
PJ Sorensen
Zoning Administrator
Ordinance 1327 should be approved.
Minor favorable effects.
As suggested by the Council.
C—"- k � �
Chris A. Kukulski
City Manager
Report compiled July 2, 1999
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
ORDINANCE NO. 1327
AN ORDINANCE AMENDING SECTION 27.34.030 (8) OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY CREATING NEW SECTIONS
27.34.040(1) ISSUANCE OF A CONDITIONAL USE PERMIT, AND 27.34.040(2)
ADMINISTRATIVE CONDITIONAL USE PERMIT, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend Section 27.34.030 of the Kalispell Zoning Ordinance, by
renumbering Section 27.34.040 (Issuance of a Conditional Use
Permit) to 27.34.040(1) and by moving Section 27.34.030(8) to a new
Section 27.34.040(2), Administrative Conditional Use Permit, 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 amendments and
recommended, per Report #KZTA-99-6, that the requested amendments
be made, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance Section 27.34.030 be renumbered Section 27.34.040(1)
(Issuance of a Conditional Use Permit) and by moving Section
27.34.030(8) to a new Section 27.34.040(2), Administrative
Conditional Use Permit, 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:
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27.34.040:(1) Issuance of A Conditional Use
Permit. Upon rendering a decision to grant a
Conditional Use Permit, with or without
stipulations or conditions that must be adhered to
by the applicant, the city council shall notify the
Zoning Administrator of their decision, and he
shall issue a Conditional Use Permit, with
stipulations if any referred to and itemized in
brief on the face of the permit. The application
and all subsequent information, correspondence,
evaluations, recommendations, and decisions shall
then be placed on permanent filed in the office of
the Zoning Administrator or his/her designee.
27.34.040:(2) 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.
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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
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