4. Ordinance 1338 - KCC - Buildings - 1st Readingvol A
REPORT TO: Honorable Mayor and City Council
FROM: Glen Neier, City Attorney
SUBJECT: Ordinance No. 1338
MEETING DATE: October 18, 1999
BACKGROUND: Ordinance No. 1338 revises Chapter 5, Article I, Buildings, Kalispell City
Code by essentially repealing said Article in its entirety. The sections dealing with Fire Zones and
lot requirements for dwellings are dealt with under the Zoning Ordinance. Scaffolding is subject
to Building Regulations and a variety of State and Federal Regulations. The remainder of Chapter
5, Buildings, Kalispell City Code has not been changed by this Ordinance.
RECOMMENDATION: The City Council pass Ordinance No. 1338 on first reading.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respective - mitted,
len Nei
City Att ey
Report compiled October 14, 1999
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
ORDINANCE NO. 1338
AN ORDINANCE AMENDING CHAPTER 5, BUILDINGS, KALISPELL MUNICIPAL CODE,
BY REPEALING R.O.. 1947, § 926; AND ORDINANCE NO. Is 579, § 1 AND
754, §§ 1 AND 2; AUTHORIZING THE CITY ATTORNEY TO RECODIFY CHAPTER 5,
KALISPELL MUNICIPAL CODE IN ACCORDANCE WITH THIS ORDINANCE; AND
DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA
AS FOLLOWS:
SECTION I. That Ordinance No. 579, § 1 (§ 5-2, Kalispell
City Code) is hereby repealed.
SECTION II. That R.O. 1947, § 926 (§ 5-3, Kalispell City
Code) is hereby repealed.
SECTION III. That Ordinance No. 754, §§ 1 and 2 (§ 5-4.1,
Kalispell City Code) is hereby repealed.
SECTION IV. That the City Attorney is hereby authorized and
directed to recodify Chapter 5, Buildings,
Kalispell Municipal Code in accordance with this
Ordinance.
SECTION V.
SEVERABILITY
If any provisions of this Ordinance or any other provisions
of Chapter 5, Kalispell City Code are held invalid, such
invalidity shall not effect other provisions which can be
given effect without the invalid provisions. To this end
provisions of this Ordinance and the remainder of Chapter
5, Kalispell City Code, not amended hereby, are to be
severable.
SECTION VI.
SECTION VII.
That all parts and portions of Chapter 5,
Kalispell Municipal Code, not amended hereby
remain the same.
This Ordinance shall take effect 30 days from
and after i-ts passage by the City Council.
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
City Clerk
5-1
5-2
CHAPTER
ARTICLE I. IN GENERAL
SECTION:
5-1:
Rep. by Ord. 939 § 5
5-2:
Fire Zones
5-3:
Scaffolds
5-4:
Rep. by Ord. 739
5-4-1:
Lot Requirements For Dwellings
5-1: REP. BY ORD. 939 § 5:
5-2: FIRE ZONES: For the use and enforcement of building code,
the fire Zones of the City are defined as follows:
A. Fire Zone No. 1 shall be the same as "Inner Fire Zone".
B. Fire Zone No. 2 shall be the same as "Outer Fire Zone".
C. Fire Zone No. 3 shall include all property not included in the "Inner
Fire Zone" or "Outer Fire Zone" as set out below:
Outer Fire Zone
All that portion of the City contained within the following boundaries
and comprising within the following described areas:
Commencing at the intersection of the alley between Main Street and
First Avenue East and Fifth Street; thence south to such alley to an
intersection with Eighth Street; thence west on Eighth Street to an
intersection with the alley between Main Street and First Avenue
West; thence north to an intersection with Fifth Street; thence east
on Fifth Street to an intersection with the alley between Main Street
City of Kalispell
5-2 5-4-1
and First Avenue East, the point of beginning; also all of the area
contained within and bounded, and described as being within Zone
No. 5, "Business -Resident District"; shall comprise and be known as
the "Outer Fire Zone" of the City.
Inner Fire Zone
All that portion of the City contained with the following boundaries:
Beginning at the intersection of Second Avenue East and Railroad
Street; thence, south on Second Avenue East to its intersection with
Third Street to an intersection with the alley between First and
Second Avenues East; thence, south on the center line of such alley
to an intersection with the West line of Main Street; thence, south on
the West line of Main Street 108 feet; thence westerly and parallel
with Fifth Street West 150 feet; thence northerly and parallel with
Main Street 108 feet to the center line of Fifth Street West; thence,
west on the center line of Fifth Street to an intersection with the alley
between First and Second Avenues West; thence, north on the
center line of such alley to an intersection with Fourth Street; thence,
west on Fourth Street to the alley between Second and Third
Avenues West; thence, north on the center line of such alley to an
intersection with Railroad Street; thence, east on Railroad Street to
an intersection with Second Avenue East, the point of beginning;
shall comprise and be known as the "Inner Fire Zone".
(R.O. 1947 §§ 258, 259; amd. Ord. 579 § 1)
5-3: SCAFFOLDS: All scaffolds erected for the construction of
buildings shall be well and safely supported and of sufficient
width and properly secured, so as to ensure the safety of persons working
thereon or passing under or by the same against the falling thereof, or of
such material as may be used, placed or deposited thereon. (R.O. 1947
§ 926)
5-4: REP. BY ORD. 793:
5-4-1: LOT REQUIREMENTS FOR DWELLINGS:
A. Single -Family Dwellings: It shall be unlawful for a single-family
dwelling to be constructed or maintained on a lot of less than five
thousand four hundred (5,400) square feet in area.
City of Kalispell
5-4-1
5-4-1
B. Multiple -Family Dwellings: It shall be unlawful for a multiple -family
dwelling to be constructed or maintained on a lot of less than seven
thousand one hundred (7,100) square feet in area. (Ord. 754 §§ 1, 2)
City of Kalispell