2. Ordinance 1527 - Text Amendment - Safe Houses - 2nd ReadingREPORT TO:
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SUBJECT
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel. net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson., Senior Planner
,James H. Patrick, City Manager
Second Reading -- Kalispell Zoning Ordinance Text Amendment -
Safe Houses and Domestic Violence Shelters
MEETING DATE: March 21, 2005
BACKGROUND: This is the second reading of an ordinance to adopt changes to the
Kalispell Zoning Ordinance text initiated by the City of Kalispell to develop a definition for
safe houses and domestic violence shelters and determine appropriate locations for their
operation. This amendment was initiated by the Kalispell City Council to address a
perceived need within the community.
The Kalispell City Council adopted the first reading of this ordinance at their regular
meting of March 7, 2005. Issues related to the need for anonymity, building and fire code
requirements, occupancy limits, impacts to neighborhoods and the public review process
were discussed and resolved.
RECOMMENDATION: A motion to adopt the second reading of the ordinance to amend the
Kalispell Zoning Ordinance would be in order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
i
Narda A. Wilson,
Senior Planner
Report compiled: March 15, 2005
c: Theresa White, Kalispell City Clerk
TRANSMIT/ KALISPELL/2005KZTA--0501 MEM02.DOG
James H. Patrick
City Manager
Providing Community Planning assistance To:
® City of Kalispell 4 City of Whitefish - Cite of Columbia Falls
ORDINANCE NO. 1527
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1460), BY DEFINING SAFE HOUSES AND DOMESTIC VIOLENCE SHELTERS,
ALLOWING THEM AS PERMITTED USES IN ALL ZONES, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning
Ordinance, by defining Safe Houses and Domestic Violence Shelters and allowing
them as permitted uses in all zones, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Tri-City Planning Office after having been evaluated under
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended by defining Safe Houses and
Domestic Violence Shelters and allowing them as permitted uses in all zones, and
WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-05-1 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 Citv of Kalispell Zoning Ordinance, Ordinance No. 1460, is
hereby amended as follows on Exhibit "A", attached hereto and
thereby made a part hereof.
SECTION 11. All parts and portions of Ordinance No. 1460 not amended hereby remain
unchanged.
SECTION III. This Ordinance shall tape effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCILAND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 21ST DAY OF MARCH, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
KALISPELL ZONING ORDINANCE TEXT AMENDMENT
w Permitted Uses: Safe houses and domestic violence shelters shall be allowed in all zoning
districts within the City of Kalispell as a permitted use.
w Definition: A safe house and domestic violence shelter is typically operated as a community
based non-profit organization intended to stop abuse in the family environment by providing
crisis intervention, shelter services for abuse victims, counseling, advocacy and education
without regard to gender, age, race or economic status. The safe house will typically operate
on a 24 hour basis providing victims of domestic violence and their children a refuge from
their abusers.
• Supplementary Regulations: Safe houses are not subject to public review because of the need
for anonymity to protect the victims of domestic violence and abuse from their abusers.
However, they will be required to be reviewed and approved by the Kalispell Site
Development Review Committee for compliance with applicable health, safety and zoning
regulations prior to occupancy. Periodic inspections shall be conducted to insure compliance
with fire and life safety codes. Any inquiries or issues associated with the review process shall
be kept strictly confidential to the extent allowed by law in order to protect the integrity, intent
and operation of the safe house and domestic violence shelters. Information acquired as part
of the review process will be kept confidential. Should issues arise within the neighborhood
regarding the operation of the safe house the City of Kalispell shall make every reasonable
effort to amicably resolve potential conflicts.