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Ordinance 953 - Amends Zoning Ordinance-1 ® 9 ORDINANCE NO. 953 AN ORDINANCE TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE: TO AMEND AND CLARIFY CERTAIN DEFINITIONS OF TERMS USED: TO EXPRESS THE INTENT THAT THE ZONING DISTRICTS BE IN CONFORMITY WITH THE COMPREHENSIVE DEVELOPMENT PLAN AND TO SET OUT THE ZONING DISTRICTS ALLOWED WITHIN SAID PLAN'S GENERAL LAND USE CATEGORIES: TO AMEND, BY CERTAIN ADDITIONS AND DELETIONS, THE LISTING OF CONDITIONAL AND PERMITTED USES IN ESTABLISHED USE DISTRICTS: TO ESTABLISH AN EXCEP- TION TO LOT AREA REQUIREMENTS FOR "ROW HOUSE" CONSTRUCTION: TO CLARIFY THE POWER OF THE BOARD OF ADJUSTMENT AFTER AN APPEAL TO THE CITY COUNCIL: TO PROVIDE FOR MANEUVERING AREAS, DRIVEWAY AND PARKING CIRCULATION REQUIREMENTS IN OFF-STREET PARKING SECTIONS; TO REQUIRE THE ZONING ADMINISTRATOR TO FURNISH A REPORT AND RECOM- MENDATION TO THE BOARD OF ADJUSTMENT ON APPLICATIONS FOR VARIANCES OR APPEALS FROM HIS RULINGS: TO EXTEND TO JANUARY 1, 1961, THE DATE WITHIN WHICH ALL PROPERTY WITHIN THE CITY SHALL BE ZONED: TO PRO- VIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: The City of Kalispell Zoning Ordinance (Ordinance No. 885 as amended by Ordinance No. 902 as amended by Ordinance No. 915 as amended by Ordinance No. 920 as amended by Ordinance No. 930 as amended by Ordinance No. 941 as amended by Ordinance No. 950) Appen- dix B of the Kalispell City Code, is hereby amended as follows: SECTION I. Section 2.01 is amended to add, delete or amend the fol- lowing definitions of certain terms: Fire lane. A lane or path established by suitable signs or markings on public or private property to provide ingress and egress by fire fighting equipment to premises used for public assembly. Such lanes may be established only by the action of the City Council upon the recommendation of the Fire Chief and Chief of Police. Row house. A building or structure that has three or more one -family dwellings erected in a row as a single building, each being separated from the adjoining unit or units by an approved fire wall or walls extending from the basement floor to above the roof along one or both side lot lines and each such "row house" building being separated from any other building space on all sides. For lot area requirements for row houses, see Section 5.14(c) of this ordinance. Physical Culture Establishment. A business or use devoted to active physical development or training of the body such as a commercial gymnasium or exercise room, generally re- quiring an indoor facility using less space than a "recrea- tion space" as herein defined. SECTION II. Section 3.01 is amended to read: Section 3.01. Intent. The purpose of this chapter is to establish district classifications wherein compatible uses of land may be grouped to create, protect or maintain a liv- ing environment; to stablilize and protect the uses contained within the districts; to allow a maximum degree of latitude within the districts, conduct profitable business or contribute to the economy of the city. It is also the purpose of this chapter to make it possible to design and install all physical public service facilities more efficiently and economically in terms of size and capacity and to meet public needs result- ing from a defined intensity of land use as well as provide for the health, safety, morals, prosperity and well being of the population of the total area. In order to achieve the in- tent of this chapter,. all zoning districts shall be established in conformance with the adopted Comprehensive Development Plan, as amended, for the City of Kalispell. To further the city's growth along consistent, comprehensive and long-range plans as defined in the Comprehensive Development Plan, Table 3-0 shall 110 be used in interpreting the adaptability of this ordinance to the Comprehensive Development Plan. TABLE 3-0 ZONING DISTRICTS ALLOWED IN THE , COMPREHENSIVE DEVELOPMENT PLAN CATEGORIES General Land Use Categories of District Classifications Comprehensive Development Plan of this Ordinance Suburban Residential R2, PUD Urban Residential R3, R4, R5, B1, B2, PUD High Density Urban RA1, RA2, RA3, Bl, B2, PUD Commercial B3, B4, B5, B6, FW Industrial I1, I2 Open Space All Districts (P) - Park All Districts Public P1 or All Other Districts Agriculture AG1, AG2, SAG1, R1, FW SECTION III. Section 3.04 shall be amended by including, deleting or modifying in the table of "Permitted and Conditional Uses" (Table 3-1), in their proper alphabetical place. in the "List of Uses" column, the following: Add to "Alcohol beverage packaged retail sales": "(see taverns)". Delete "Assembly halls" from list of uses. To "Boarding house, incidental keeping of ..... such occu- pancy" change "twenty-five percent" to "fifteen percent". Delete "Boat launching ramps" from list of uses. Delete "Candy products manufacture, retail on premise" from list of uses. Add to "Car washing and waxing, inside a building": "or in conjunction with an automobile service station"; "Catering establishments conducted as....." delete: "estab- lishments". Delete "Coliseums and stadiums, profit and nonprofit" from ' list of uses. Delete "Commercial recreation areas as defined in chapter 2" from list of uses. Add to "Dwelling, other multi -family": "Conditional use per- mit required only when same will abut a pre-existing single family or two family dwelling, or same is on outer perimeter of a zone and abutting a more restrictive zone". Delete "Feed lots: cattle, swine, poultry" from list of uses. Add to "Feed yards, livestock": "and livestock auction". - 2 - Add to "Foster or group homes": "(see §76-2-314 MCA)". In "Home occupations" change "2.73" to.112.01" Add to "Hospitals": "including heliport for emergency helicopter ambulance service to hospital". ' Add to "Hospitals, animal": "(see §6.09.1 of this ordinance)". Add to "Landfills, sanitary for disposal of trash and gar- bage": "(see §6.09.8 of this ordinance". Add new use: "Law enforcement and fire suppression stations, public operated". "Libraries, museums" delete "and art galleries". Delete "Livestock feed yards and livestock auction yards" from list of uses. Delete "Monument manufacture and sales" from list of uses. Delete "Museums" from list of uses. Add new use: "Restaurants as an added incidental use within a building used primarily for a different use, not serving alcoholic beverages and having patron seating for no more than twenty-five persons at one time". Delete "Restaurants, drive-ins" from list of uses. Add to "Retirement home": "(Conditional use requirement same as for 'Dwelling, other multi -family' set out above)". Delete "Storage, within the building of goods intended for retail sale on the premises" from list of uses. Amend "Travel trailer park" to read: "Travel trailer or recrea- tional vehicle park". SECTION IV. Section 3.04 shall be amended to add to or delete from the columnar list of District Classifications and/or Conditional Use designations of Table 3-1 an "x" as follows: Art galleries: add B-3 Art supply, retail sales: add B-3 Appliance distributors, wholesale: delete B-6; add B-3. Appliance, retail sales: add B-3. Assembly halls, coliseums and stadiums: add P-1 and condi- tional use. Automobile repair garages: delete B-5. Bakery shops, confectionaries ...... of furnaces: add B-1 and B-6. Barber and beauty services: add B-6. Bicycle sales and repair: add B-3. Boat marinas and sale ...... and fuel: delete all R and RA zones and Conditional Use; add B-3 and B-4. Boat sales, new and used: add B-4. - 3 - 1.12 Bowling alleys: add B-6. Bus passenger terminal..... cross country: add B-3 and B-6. Catering conducted as an incidental ..... these premises: add AG-1, AG-2, R-1, R-2, R-3, R-4, PUD. k +Churches and other places of worship..... school buildings add all areas except FW. Clinics, medical and dental, provided that the same ..... or more beds: add P-1. Clothing and apparel stores retail: add B-1, B-3. Coin and/or stamp dealers..... lapidaries: add B-1. Colleges, business colleges, trade schools..... specific fields: add P-1. Convention hall facilities: add P-1. Drive-in restaurants: add B-6. Dry cleaning, self-service (coin operated): add B-6. Feed yards, livestock: delete I-1, I-2: add AG-1, AG-2. Florist, retail: add B-1 and B-3. Foster or group homes: add R-1. Frozen food lockers: add I-1. Furniture and home furnishing retail sales: add B-3. Garden Supplies, retail, sales: add I-1. Hardware, appliances and electrical supplies, retail sales: add B-3. Hobby and toy stores: add B-3. Laundry pick-up stations: add B-1. Law enforcement and fire suppression stations, public oper- ated: add Conditional Use and R-1, R-2, R-3, R-4, R-5, RA-1, RA-2, RA-3, B-1, B-2, B-3, B-4, B-5, B-6, I-1, I-2, P-1, PUD; Libraries and museums: add Conditional Use and R-1, R-2, R-3, R-4, R-5, RA-1, RA-2, RA-3, B-1, B-2, B-3, B-6, I-1, I-2, and PUD. Motorcycle sales and repair: add I-1 and I-2. Motels and motor hotels: add second listing with Conditional Use and B-4. Newsstands: add B-1. Office buildings, providing professional and ..... supply shop: add B-3. Office, professional, governmental and private office; Add B-3. Paint retail sales: add B-3. 1 [1 - 4 - 113 Radio and television, retail sales and.service: add B-3. Railroad freight..... yards: add I-1. Repair and service of office and household equipment: add B-3. Restaurants as an added incidental use ..... time: add Condi- tional Use and RA-1, RA-2, RA-3, B-1, B-2, B-3, B-4, B-5, and B-6. Retirement home: delete Conditional Use and AG-2, SAG-1, R-1, R-2, R-3, R-4, and R-5. Sanitarium: add Conditional Use. Sewage treatment plant: add P-1. Sporting goods sales: add B-3. Storage warehouses and yards for domestic purposes: delete B-3. Taxi stands limited to five taxis: add P-1. Temporary buildings or structures: add B-2 and FW. Travel trailer or recreational vehicle park: add Conditional Use, and B-6. I Veterinary hospitals: delete B-3. 'SECTION V. Section 3.05 is hereby amended to amend the Table 3-2 to reflect the "Minimum Yard Requirement" column to show, in all R. districts, RA Districts and B Districts: "Rear, with established alleys - 5 ft.", "Rear, without established alleys - 0 ft." SECTION VI. Chapter_No. 4 is hereby amended as follows: A) Add: §4.02(j)(7): Maneuvering Areas Adjacent to Parking Spaces. Maneuvering area adjacent to parking spaces shall be arranged in accordance with the standards chart and dia- grams contained in Figure 4. (8): Maneuvering areas and driveways for Resi- dential areas shall conform to the following provisions: i) Driveways serving six (6) or less dwell- ing units shall have an unobstructed paved driveway not less than ten (101) feet in width. ii) Driveways serving seven (.7) or more dwelling units shall have an unobstructed paved driveway not less than twenty (201) feet in width. In lieu of a twenty (201) foot driveway, two (2) one-way driveways, each not.less than twn (10') feet in width may be substi- tuted, provided that such one-way driveways shall have di- rectional -markings to indicate, and insure one-way circula- tion. All vehicles shall enter the street in a forward manner. B) Add: 94.02(k): Parking Area Circulation. 1. Parking areas and driveways serving four (4) or more dwelling units and all other uses shall be arranged to permit vehicular traffic to move into and out of parking areas, driveways, and ramps without the backing of any vehicle onto a street or highway. 2. Parking areas, driveways, maneuvering aisles, ramps, and turn -around areas shall be kept free and clear 5 - I I4 of obstructions at all times. C) 4.04(d)(1) is hereby amended to read: (1) Land area as determined under (b) above, less the building area. SECTION VII. Section 5.04 is hereby amended to read: Suction 5.04. Completion of Pending Construction. This ordin- ar_ce shall not limit the construction of any building for which a current building permit has been obtained or construction has begun prior to its adoption and publication, even though such building does not conform to the provisions of this ordinance. Nonconforming buildings, structures or uses referred to in this chapter refer only to such nonconforming buildings, structures or uses which existed at the time this ordinance was made applicable to and the boundary of the district established under this ordin- ance wherein said building, structure or use exists. SECTION VIII. There is hereby added to Section 5.14 the following additional subsection: (b) Lots or development sites which, as a process of their creation were approved or are hereafter approved with sub- standard area by the city council or county commissioners in the approval of subdivision according to existing regu— lations therefor. 1 (c) Individual lots used for "row houses" or "town houses" as defined in Section 2.01 of this ordinance, are not subject*. to the area, yard and other dimensional requirements of -� this ordinance, but the overall premises containing said , "row houses" or "town houses" as a part of a plan of devel- opment thereof shall be subject to the requirements of Section 3.05 of this ordinance. SECTION IX. Section 6.06 is hereby amended to read: (a) The board shall hear and decide appeals from any determina- tion made by the zoning administrator and applications for conditional use permits and for variances. The mayor shall appoint the secretary of the board and establish the loca- tion of his office for filing purposes; such person shall serve at the pleasure and discretion of the mayor. (b) Any decision within the jurisdiction and powers of the board made by the Board of Adjustment by a concurring vote of four or more of its members, after proper appeal to hearing and decisionof the board, may not thereafter be rescinded, re- versed or modified by action of the city council; a decision made by the board with fewer than four concurring votes thereon may, upon written application therefor filed with the city clerk, within ten days after the filing with the secretary of the board of the minutes of the meeting whereat such decision was made, be reviewed by the city council at its next regular meeting. In review of such decision, the council shall hear the applicant and the appropriate administrative personnel of the city and such other persons as may be directly affected thereby. After hearing such persons and examining such evi- dence as may properly be presented, the council may, if deemed to be in the best interest of the city and upon the concurring vote of at least three -fourths of the council members present and voting, rescind, revoke or modify the decision of the board of adjustment. A certified copy of the approved minutes of the city council meeting, reflecting. such review and decision, shall be maintained as part of the records of the board of adjustment. The secretary of the board shall then make and enter an order'in accord with the decision of the council. - r __ SECTION X. Section 6.07(c) shall be amended to read: 114 A 1 F� 1 (c) Action by zoning administrator. The zoning administrator shall determine whether the proposed conditional use con- forms to the general purpose and intent of the comprehensive plan and of the district in which it proposes to locate. The zoning administrator shall transmit his findings and re- commendations to the board of adjustment and to the applicant. SECTION XI. Section 6.10(b) is hereby amended to read: (b). The secretary shall maintain and be custodian of all records of the minutes of the board and findings and decisions of the board. All records shall be open to the public during regular business hours. All appeals from interpretations and applications for variances shall be in writing on forms pre- scribed by the board and shall be accompanied by twenty-five dollars to cover the costs of processing. Every appeal and application shall refer to the specific provisions of this ordinance involved and shall set forth the interpretation that is claimed, the details of the variance that is applied for and the reasons for which it is requested that the vari- ance should be granted, as the case may be. Upon an appeal or application for variance, the zoning administrator shall prepare and furnish the applicant and the board a written re- port of his action, the facts of the case as he finds them to be and his recommendation for the board's decision with his reasons therefor. SECTION XII. Section 6.15 is hereby amended to add a new subsection (c) which shall read: (c) Any fire lane established as provided and defined in Section 2:61 of this ordinance, shall constitute a prohibited vehicle parking zone and it shall be unlawful for any person to stop, stand or park or permit to be parked therein any vehicle of any kind at any time. Any vehicle found parked or standing in such a lane is subject to the provisions of Section 17-79 Kalispell City Code, and the prima facie presumption of having been wilfully so parked by its registered owner. SECTION XIII. Section 6.17(c) is hereby amended to read: (c) Until a resolution is passed and adopted making this ordinance applicable to a property within the city, the zoning ordinance of the city of Kalispell in force when this ordinance becomes effective shall continue to apply to said property within the city. All property within the city shall be assigned a zone district classification in accord with this ordinance before January 1, 1981. SECTION XIV. All sections of the City of Kalispell Zoning Ordinance in conflict herewith are hereby repealed; all other sections thereof shall remain in full force and effect. SECTION XV. This ordinance shall be in full force and effect thirty days from and after its final passage by the city council and approval by the Mayor. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND APPROVED BY THE MAYOR THIS L Nd DAY OF Tu n e , 1980. Norma E. Happ, Mayor ATTEST: 1 Mariorie Gierman, City Cie rK I, Marjorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the Y1day of , 19 �0, I posted a copy of the foregoing ordinance in my office and the same 's a true copy of the ordinance that r maimed poste until final passage of the second eading by the City Council on the 2 �'3 day of AAaA a 19_f'a.