07. Ordinance 1329 - Text Amendment - Definitions - 1st ReadingREPORT TO: Honorable Mayor and City Council
FROM: PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
SUBJECT: Ordinance 1329 (Definitions for Professional Office and Sexually
Oriented Business)
MEETING DATE: July 6, 1999
BACKGROUND: This ordinance has two parts. The first part amends the definition of
professional offices to more explicitly include a number of types of offices. The reason behind
the amendment is that the lists of permitted and conditional uses in the different zones
specifically list such uses as insurance offices and real estate offices in addition to professional
office.
While a general application of the present definition would seem to include those uses,
when a use is specifically listed as separate from professional offices, the implication is that the
use does not fall under that definition. For example, both an insurance office and professional
office are listed as permitted uses in the B-3 zone, while in the B-1 zone, professional office is
listed as a permitted use and insurance office is not. The implication is that insurance office is
not permitted in the B-1 zone even though most other professional -type offices are allowed. The
definitional change will bring more clarity and consistency to the zoning ordinance.
The second part of this ordinance deletes a number of definitions related to the term
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"sexually oriented business." It is interesting to note that nearly 2% of the entire zoning
ordinance is dedicated to this definition. On one hand, the additional definitions can be helpful
to more specifically define "sexually oriented business" if such a need arises. On the other hand,
as FRDO states in its staff report, "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."
RECOMMENDATION: Ordinance 1329 should be approved.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
PJ Forensen
Zoning Administrator
Chris A. Kukulski
City Manager
Report compiled July 2, 1999
ORDINANCE NO. 1329
AN ORDINANCE AMENDING SECTION 27.37.010 OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE DEFINITIONS OF
PROFESSIONAL OFFICES AND SEXUALLY ORIENTED BUSINESSES, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend Section 27.37.010 of the Kalispell Zoning Ordinance, by
amending the definitions of Professional Offices and Sexually
Oriented Businesses, 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 definitions of
Professional Offices and Sexually Oriented Businesses be amended,_
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance, Definitions, be amended as to Professional Offices and
Sexually Oriented Businesses, 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:
:
Sect' n 27.13.010, finiti- ��j•
(179) Professional Offices. Offices maintained and
used as a place of business conducted by
persons engaged in the healing arts for human
beings, such as physicians and dentists (but
wherein no overnight care for patients is
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given), and by registered engineers,
attorneys, architects, accountants. This would
also include, but not be limited to, title
companies, travel agencies, insurance
co nies, real estate offices, and other
persons providing services utilizing training
in and knowledge of the mental discipline as
distinguished from training in occupations
requiring mechanical skill or manual dexterity
or the handling of commodities.
(213) Sexually Oriented Businesses. Sexually
oriented business means an adult arcade, adult
bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater,
adult theater, escort agency, nude model
studio, or sexual encounter center. Related
(delete subsections a-o)
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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