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2. Resolution 4750 - Establishing Criteria for Zoning OrdinanceRESOLUTION NO.4750 A RESOLUTION TO ESTABLISH CRITERIA FOR THE DETERMINATION OF THE SUBSTANTIVE VERSES NON -SUBSTANTIVE REVISIONS TO THE KALISPELL ZONING ORDINANCE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Montana Attorney General has issued an opinion at Volume No. 49, Opinion No. 23 which states, in part, that municipal zoning regulations otherwise authorized, may not be substantively revised unless a valid growth policy is adopted; and WHEREAS, the City of Kalispell is currently in the process of developing a compliant growth policy; and WHEREAS, it can be reasonably anticipated that the City will receive applications requesting revisions to the Kalispell Zoning Ordinance and Kalispell Zoning Map during that interim prior to the adoption of a complaint growth policy; and WHEREAS, the applicants and City planning staff would benefit from specific findings setting criteria for those revisions to the zoning regulations that may be designated as substantive; and WHEREAS, an urgency exists during the interim until a growth policy is adopted that the public should have an established criteria for substantive revision of zoning regulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Council finds that the following standards shall define the substantive nature of requests for revisions to the Kalispell zoning regulations- until a compliant growth policy is adopted: Non -substantive revisions: ► Annexation or rezoning from a residential category of zoning to another residential category. ► Annexation or rezoning from a commercial designation to a commercial designation. ► Annexation or rezoning from within the same or similar use category. Substantive revisions: ► Annexation or rezoning from an agricultural to residential, commercial or industrial category. ► Annexation or rezoning from a residential to commercial or industrial category. ► Changes to the text that would allow uses not otherwise permitted or similar changes. SECTION II. This Resolution shall become effective immediately upon final passage by City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF NOVEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk