13b. Ordinance 1323 - Text Amendment - Side Corner Setbacks - 2nd ReadingORDINANCE NO. 1323
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE
NO. 1175) , ADDING A NEW SECTION 27.22.140 BY ALLOWING ADJUSTMENT OF
THE SIDE CORNER SETBACK ON CORNER LOTS IF THE DISTANCE BETWEEN THE
SIDE SETBACK AND THE SIDE CORNER SETBACK IS LESS THAN 35 FEET IN
WIDTH, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend the Kalispell Zoning Ordinance, to allow for an adjustment of
the side corner setback on lots where the distance between the side
set back and the side corner set back is less than 35 feet in
width, 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, allowing for said adjustment,
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended allowing for such an adjustment, 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 27.22.140. Notwithstanding any side corner
setback otherwise required under this ordinance, if the
distance between the side setback and side corner setback
on a corner lot is less than 35 feet, development may
occur within the side corner setback to either a point 35
feet from the side setback or ten (10) feet from the side
sidecorner.wpd 1
corner property line, whichever generates a lesser
encroachment.
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
sidecorner.wpd 2