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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CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That Ordinance No. 579, § 1 (§ 5-2, Kalispell City Code) is hereby repealed.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 That R.O. 1947, § 926 (§ 5-3, Kalispell City Code) is hereby repealed.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 That Ordinance No. 754, §§ 1 and 2 (§ 5-4.1, Kalispell City Code) is hereby repealed.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