Ordinance 1722 - Zoning Text Amendment - CasinosORDINANCE NO, 1722
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY AMENDING SECTION 27.34.040, CASINOS, AND DECLARING AN
EFFECTIVE DATE,
WHEREAS, DewGood, LLC has submitted a written request to amend the Kalispell Zoning
Ordinance, by amending the maximum percentage of floor area allowed for casinos
as an minor accessory use; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department after having been evaluated under
27.29.020, Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning ordinance be amended so as to allow the maximum
percentage of floor area for a casino to be twenty percent (20%) of another primary
use; and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from. the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made in
Report #KZTA- 13-01 as the Findings of Fact applicable to this ordinance.
Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALIS PELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 1I. All parts and portions of ordinance No. 1677 not amended hereby
remain unchanged.
SECTION III. This ordinance shall tale 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 TIIIS 18TH DAY of MARCH. 2013.
ATTEST:
Theresa white
City Clerk
EXHIBIT "A"
27,34,040: Casinos
(1) Casinos shall be a .minimum of 300 feet from churches, schools, parks, city
residential zones, and other casinos, pleasured from property line to property
line.
(2) Casinos may be located closer than 300 feet from churches, schools, parks,
city residential zones, and other casinos, measured from property line to
property line if the casino is considered a minor accessory use and meets the
parameters of both Sections 3 & 4 below.
(3) A casino is considered a minor accessory use to a primary use if the primary
use (e.g. restaurant or bar, but not shopping center or other multi -use
designation) and its associated facilities constitute at least 80% of the
proposed floor space and the casino constitutes no more than 20% of the
proposed use. In addition, the casino is generally shielded or screened from
view of the primary use and patrons.
(4) The following design standards as appropriate may be placed on the casino:
(a) Limiting or prohibiting the on -premise signage or building from using
the following:
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or
words commonly associated with garMng.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
4. Neon Lighting.
(b) Limiting the number and location of entrances into the casino.
(c) Increasing landscaping requirements in order to create a buffer
between the casino and adjacent land uses.