Ordinance 961 - Apply Zoning Districts in Kalispell Redevelopment AreaORDINANCE NO. :x
AN ORDINANCE TO AMEND CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE 4885,
AS AMENDED) TO PROVIDE FOR ZONING DISTRICTS TO BE APPLICABLE IN THE KAL-
ISPELL REDEVELOPMENT AREA ONLY; TO DEFINE THE USES PERMITTED IN SAID
DISTRICTS, TO PROVIDE GENERAL CONTROLS AND LIMITATIONS IN SAID AREA; TO
PROVIDE FOR AN ARCHITECTURAL REVIEW COMMITTEE, ESTABLISH ITS DUTIES ANT
FUNCTIONS WITH GUIDELINES, TO PROVIDE THAT THIS AMENDMENT AND ITS PARTS
BE SEVERABLE; TO PROVIDE FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION I. Ordinance #885 (The City of Kalispell._Zoning,ordinance) as-____-_
heretofore. amended -is-hereby further -amended to add thereto -a new Chap-
ter to be designated as Chapter #7 which shall provide as follows:
CHAPTER 7: DOWNTOWN REDEVELOPMENT AREA
PART I
PURPOSE AND DEFINITIONS
#7.11. INTRODUCTION
This portion of the City of Kalispell Zoning Ordinance contains
definitions, permitted uses, general requirements and other in-
formation necessary in administrating the Kalispell Downtown Re-
development Plan.
This Chapter of the City of Kalispell Zoning Ordinance is appli
cable only in the area of the city designated by Ordinance as '
the area covered by the Kalispell Downtown Redevelopment Flan
enacted by the City of Kalispell pursuant to the Urban Renewal
Law of the State of Montana. Chapters 3, 4, 5 and 6 of the
City of Kalispell Zoning Ordinance are not applicable to the
area of the city included within the area of the Kalispell Down-
town Redevelopment Plan unless made applicable therein by spe-
cific reference in this chapter,
#7.12. REDEVELOPMENT AREA BOUNDARIES
The Kalispell Downtown Redevelopment Area is all that real pro-
perty in the City of Kalispell, in the County of Flathead, State
of Montana, which lies within the following described boun-
daries:
Beginning at the intersection of the south line of East Idaho
Street and the east line of Third Avenue East; thence south-
erly along the east line of Third Avenue East to its intersec-
tion with the south line of Sixth Street East; thence westerly
along the south line of Sixth Street East to its intersection
with the east line of Second Avenue East; thence southerly along
the east line of Second Avenue East to its intersection with the
south line of Twelfth Street East; thence westerly along the
south line of Twelfth Street East to its intersection with the
west line of second alley west; thence northerly along the west
line of second alley west to its intersection with the south
line of Sixth Street West; thence westerly along the south line
of Sixth Street West to its intersection with the west line of
Seventh Avenue Westf thence northerly along the west line of
Seventh Avenue West to its intersection with the south line of
West Idaho Street; thence easterly along the south line of
West and East Idaho Street to the point of beginning.
- 1 -
$7.13. DEFINITIONS
In addition to the definitions contained in Chapter 2,
certain other terms and words used herein are defined
as follows:
Agency. The Urban Renewal Agency of the City of Kalis-
pell, Montana. The City Council of the City of Kalis-
pell, Montana, shall exclusively exercise the powers
and responsibilities of the Agency and all powers speci-
fied in the Montana Urban Renewal Law.
Arterial. A street designed to provide for large vol-
umes of through traffic movement between areas and
across the urban area, direct access to abutting pro-
perty, -subject to necessary control of entrances, exits
and curb use.
Blight. An area which, by reason of the substantial
physical dilapidation, deterioration, defective con-
struction, material, and arrangement and/or age, obso-
lescence of buildings or improvements, whether resi-
dential or nonresidential, inadequate provision for ven-
tilation, light, proper sanitary facilities, or open
spaces as determined by competent appraisers on the
basis of an examination of the building standards of the
municipality; inappropriate or mixed uses of land or
buildings; high density of population and overcrowding;
defective or inadequate street layout; faulty lot layout
in relation to size, adequacy, accessibility or useful-
ness; excessive land coverage; insanitary or unsafe
conditions; deterioration of site; diversity of owner-
ship; tax or special assessment. delinquency exceeding
the fair value of the land; defective or unusual condi-
tions of title; improper subdivision or obsolete plat-
ting; or the existence of conditions which endanger
life or property by fire or other causes, or any combin-,
ation of such factors is conducive to ill health, trans-
mission of disease, infant mortality, juvenile delin-
quency and crime; substantially impairs or arrests the
sound growth of a city or its environs, retards the
provision of housing accommodations or constitutes an
economic or social liability, and/or is detrimental,
or constitutes a menace, to the public health, safety,
welfare, and morals in its present condition and use.
Bonds. Any bonds, notes, or debentures (including re-
funding obligations) authorized to be issued under the
Urban Renewal Law of the State of Montana.
City- County Planning Board. The Kalispell City -County
Planning Board, Kalispell, Montana, and Flathead County,
Montana.
Common Wall. A wall or walls extending from the base-
ment or ground floor line of a building to the roof
along a side lot line that is common to an adjoining
lot.
County. The County of Flathead, Montana.
Density. The number of dwelling units per gross acre
in any residential development.
Map. The Zoning District Map contained in this chapter_.
- 2 -.
Obligee. Includes any bondholder, agent or trustees
for any bondholders, or lessor demising to the munici-
pality property used in connection with an urban re-
newal project, or any assignee or assignees of such
lessor's interest or any part thereof, and the federal.
government when it is a party to any contract with the
municipality. .
Plan. The Kalispell Downtown Redevelopment Plan. I
Project Area. The area included within the boundaries
of the Kalispell Downtown Redevelopment Plan.
Quasi -Public Buildings, Non-profit in Character. Any
facility to which a class or a group of the public is
permitted to attend or--use-subject to the regulations
o-f a club orotherorganization owning or regulating
such facility.
Real Property. Includes all lands, including improve-
ments and fixtures thereon, and property of any nature
appurtenant thereto, or used in connection therewith,
and every estate, interest, right and use, legal or
equitable, therein, including terms for years and liens
by way of judgement, mortgage or otherwise.
Redevelopment. Includes (1) acquisition of a blighted
area or portion thereof; (2) demolition and removal of
buildings and improvements; (3) installation, construc-
tion or reconstruction of streets, utilities, parks, -
playgrounds, and other improvements necessary for carry-
ing out in the project area the provisions of the Plan,
and (4) making the land available for development or re- '
development by private enterprise or public agencies
(including sale, initial leasing, or retention by the
City itself) at its fair value for uses in accordance
with the Plan.
Rehabilitation. Includes the restoration and renewal
of a blighted area or portion thereof, in accordance
with the Plan, by (1) carrying out plans for a program
of voluntary or compulsory repair and rehabilitation of
buildings or other improvements; (2) acquisition of
real property and demolition or removal of buildings
and improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen
density, reduce traffic hazards, eliminate obsolete or
other uses detrimental to the public welfare, or other-
wise to remove or prevent the spread of blight or de-
terioration, or to provide land for needed public fa-
cilities; (3) installation, construction or reconstruc-
tion of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the
project area the provisions of the Plan; and (4) the
disposition of any property acquired in the project
area (including sale, initial leasing, or retention by
the Agency itself) at its fair value for uses in accor-
dance with the Plan.
n
Site Plan. A drawing to scale which clearly and with
full dimensioning reflects the following information:
Block and lot number (if appropriate);
Lot dimensions;
- All buildings and structures; location, size,
height, and proposed use;
3 1
- Yards and space between buildings;
- Walls and fences; location, height and
materials;
off-street parking; location, number of
spaces and dimensions of parking area,
internal circulation pattern, and land-
scaping plan;
Access; pedestrian, vehicular, service
points of ingress and egress;
- LandscapiaW
Loading; location, dimensions, number of
spaces, internal circulation; -
- Lighting; location and general nature;
- Street dedications and improvements;
- Adjacent land use; and
- Such other data as may be required by the
Agency.
State. The State of Montana.
Storage Yard. Any lot, or portion of a lot, which is used
for the sole purpose of the outdoor storage of fully oper
able motor vehicles, construction equipment, construction
materials, or other tangible materials and equipment in an
orderly manner.
Variance. The relaxation by proper authority of the strict
application of the terms of this chapter. This definition
shall not be construed to permit the granting of a use in
any district which use is not designated a permitted or con-
ditional use therein by this chapter.
PART 2
07,21. PERMITTED USES IN REDEVELOPMENT AREA AND BUILDING RE9UIRE-
MENTS.
A. Zoning Map
The Zoning Map and the various use districts contained
in this part reflect boundaries of districts and per-
mitted uses therein in accord with the Redevelopment
Plan for the area. These zoning districts are for ex-
clusive use within the Kalispell Downtown Redevelopment
Area.
- 4 -
ZONING MAP
> > >
< < < >
<
'0
Ca
C%1 C9
Li LIA 14A
t--AiIj L.--Ji:- I I- lii it -1 1- -il I L--Ail A F I F I 774= �717-4�— Idaho
--Montana St.
Center St.
M i M
1st St.
L6
—L 200 St.
®'i�
=3rd St.
�-A FH �H.C; I PC-4th St.
F =U
L
Hid 5th S
U-11
--6th St.
Wn
isuL8t1
7th St.
Kaliell
Downtown 1E
SI,
Redevelopment
Plan f
• 9th St.
ell
D2
Ap�rr.,., de�t,.l
03 : I-]
P.5;dcntial Apartne" loth St '
D5 - PesIdent;al Apart..nt & office
HC I - Klighborh.,d P,.f,ssj0,l Co...rl.aj
bD L
C1 - Central C ... eric.1
C2 - —11thSI,
Q - C80 Con-.rJc,j
I I
LH - Light Indust vial
CLH-
PLI- Public L.,.d, ,
iP
Tf il --FI 1-1 F-7 121h!
Won't East
— 4A —
#7.22. RESIDENTIAL DISTRICTS
A. Residential D1
A residential district with minimum lot areas.
Development within the district will require
all public utilities, and all community facili-
ties. Two-family dwellings are permitted in
this district.
Bulk, Dimensional, and General
Requirements:
Minimum
Area (sq. ft.):
7,000
Minimum
Lot Width:
50
ft.
Minimum
Yard Requirements:'
Front:
_.. -20
ft.
Side:
5
ft. ea.
Side Corner:
15
ft.
Rear:
5
ft.
Maximum
Lot Coverage:
40%
Maximum
Building Height:
35
ft.
Licensed amateur radio
operators antenna: 75 ft.
Off -Street Parking Require-
ments: See #7.31,A,(1)
Maximum Fence Limits:
Front: 3 ft.
Side: 3 ft. to front setback line
and 6 ft. to rear property
line.
Rear:
6 ft.
Architectural Review Require-
ments: See 07.32
Permitted Uses:
Accessory building or use.
Automobile parking operated in conjunction
with permitted uses.
Boarding house, incidental keeping of non -
transient boarders or lodgers by a resi-
dent family, provided not more than 15
percent of the total floor area in one
dwelling unit used for living purposes is
devoted to such occupancy.
Dwelling, single family.
Dwelling, two family.
Fuel Oil and kerosene for domestic heating
purposes in ground containers (must com-
ply with applicable fire codes).
Parks..
Public transportation shelter stations.
Swimming pools, private.
'
Conditional Uses:
Child care center.
Churches.
Dwellings, cluster development.
Electrical distribution stations.
Foster or group homes.
Home occupations.
Rapid transit routes and pick-up stations.
Schools, elementary, senior and junior highs.
Swimming pools and other similar activities
operated by a public agency, neighborhood
or home -owners association.
Temporary buildings or structures.
M
B. Residential Apartment D2
A residential apartment district to provide areas
for low intensity multi -family use. This district
is intended as a buffer between residential dis-
tricts and other denser, non -compatible districts.
This district must be in close proximity to thor-
oughfares and be served by public utilities.
Bulk, Dimensional, and General Requirements:
Minimum Area (sq. ft.):
7,000
Minimum Lot Width:
50 ft.
Minimum Yard Requirements:
Front:
15 ft.
Side:
5 ft
Side for-
15 ft..
Rear:
5 ft.
Maximum Lot Coverage:
40"percent
Maximum Building Height:
N/A
Licensed amateur radio
operators antenna:
75 ft.,
Off-street Parking Require- ..
ments:
See #7.31,D(,I).
Maximum Fence Limits
Same as D1
Architectural Review Require-
ments:
See #7.32
Maximum Floor Area Ratio:
.373 (,if
lot area is 14,000 sq.ft. or over.473)
Minimum Open Space Ratio:
1.9
Minimum Living Space Ratio:
1.2
Minimum. Recreation Space Ratio:
.14
For Permitted and Conditional
Non -Residential Uses:
Maximum Lot Coverage:
40e
Maximum Floor Area Ratio:
,5
Minimum Open Space Ratio:
N/A
Minimum Living Space Ratio:
N/A
Minimum Recreation Space Ratio:N/A
All other requirements same
as D2 above.
Permitted Uses:
Any use permitted in the Residential D1
District.'
Taxi stands limited to five taxis.
Conditional Uses:
Any conditional uses permitted in the Resi-
dential D1 District.
Community center buildings, gymnasiums,
swimming pools, and other similar activities
operated by a public agency, neighborhood or
homeowners association.
Dwelling, multi -family.
C. Residential Apartment D3
A residential apartment district to provide areas.
for multi -family uses of medium -land use intensity.
It shall be closely associated with primary inten-
sity generators-
1
- 6
� _ 3
Bulk, Dimensional, and General Requirements:
Minimum Area (sq. ft.): 7,000
Minimum Lot Width: 50 ft.
Minimum Yard Requirements: Same as the
Residential Apartment D2 District.
Maximum Lot Coverage: N/A
Maximum Building Height: N/A
Off -Street Parking Require-
ments: See #7.31,D(1)
Maximum Fence Limits: Same as D1
District.
Maximum Floor Area Ratio: .566(if lot
area is 14,000 sq.ft. or over .666)
Minimum Open Space Ratio: 1.3
Minimum Living Space Ratio: .71
Minimum Recreation Space Ratio: .11
Architectural Review Require-
ments: See #7.32
For Permitted and Conditional Non -Residen-
tial Uses:
Maximum Lot Coverage: 45 percent
Maximum Building Height: 45 ft.-
Maximum Floor Area Ratio: 1.0
Minimum Open Space ,Ratio: N/A
Minimum Living Space Ratio: N/A
Minimum Recreation Space Ratio: N/A
All other requirements same as D3 above.
Permitted Uses:
Any use permitted in the Residential Apart-
ment D2 District.
Conditional Uses:
Any conditional use permitted in the Residen-
tial Apartment D2 District.
D. Residential Apartment D4
A residential apartment district to provide areas
for multi -family uses of high land use intensity.
Bulk, Dimensional, and General Requirements:
Minimum Area (sq. ft.): 14,000
Minimum Lot Width: 100 ft.
Minimum Yard Requirements: Same as the
Residential Apartment D2 District.
Maximum Lot Coverage: N/A
Maximum Building Height: N/A
Off -Street Parking Require-
ments: See #7.31,D(l)
Maximum Fence Limits: Same as the D1 District.
Maximum Floor Area Ratio: .800
Minimum Open Space Ratio:' .855
Minimum Living Space Ratio: .50
Minimum Recreation Space Ratio: .10
Architectural Review Require-
ments: See #7.32
For Permitted and Conditional Non -Residential Uses:
Maximum Lot Coverage: 50 percent
Maximum Building Height: 60 ft.
Maximum Floor Area Ratio: 1.5
Minimum Open Space Ratio: N/A
Minimum Living Space Ratio; N/A
Minimum Recreation Space Ratio:N/A
136
c
All other requirements same as D4 above_
Permitted Uses:
Any use permitted in the Residential Apartment
D2 District.
Conditional Uses:
Any conditional use permitted in the Residen-
dial Apartment D2 District.
E. Residential Apartment -Office D5
A residential apartment -office district to provide
areas for professional, -governmental, and private
offices, banks, and similar institutions, cultural
and governmental facilities and limited business at
locations where they are compatible with residential
apartment uses and where it is not..deemed desirable
to permit a more intensive business activity of a re-
tail nature.
This district serves as a buffer zone between other
commercial districts and adjacent residential areas.
The location of this district depends on proximity to
major streets, arterials, and business districts.
This district shall be located within or adjacent to
business corridors, shopping islands or the Central
Business District.
Bulk, Dimensional and General Requirements:
Minimum Area (sq. ft.): N/A
Minimum Lot Width: N/A
Minimum Yard Requirements: Only when abutting
a "D" district; then same as the Residential
Apartment D2 District.
Maximum Fence Limits: Front 0 ft.
Side 6 ft.
Rear 6 ft.
Maximum Floor Area Ratio: 2.5
Off -Street Parking Require-
ments: see #7.31,D(1)
Architectural Review Require-
mentsc See 47.32
Permitted Uses:
Any use permitted in the Residential Apartment
D2 District.
Banks, and similar financial institutions.
Churches, cultural and governmental facilities.
Clinics.
Office, professional, governmental and private.
Conditional Uses:
Any conditional use permitted in the Residential
Apartment D2 District.
Hotels and motels with accessory business uses.
Museums.
Restaurants, excluding Drive-ins.
Schools, commercial, as defined.
1
- 8 -
1
#7.23. NEIGHBORHOOD COMMERCIAL DISTRICTS
Neighborhood Commercial, Professional NC1
A business district intended to accommodate pro-
fessional offices where it is not deemed desirable
to permit a more intensive business activity of a
retail nature. These office structures need not be
commercial in appearance; they shall be architectur-
ally harmonious with the adjacent residential struc-
tures. Such a district should serve as a buffer be-:
tween residential areas and other commercial districts
or be closely associated with primary intensity gener-
ators.
Bulk, Dimensional and General Requirements:
Maximum Area (sq. ft.):
Minimum Lot width:
Minimum Yard Requirements:
Maximum Lot Coverage:
Maximum Building Height:
Off -Street Parking Require-
ments:
Maximum Fence Limits:
21,300
150 ft.
Front: 15
ft.
Side: 5
£t.
Side Corner:10
ft.
Rear: 5
ft.
N/A
N/A
See #7.31,D(1)-
Front: 0 ft.
Sider Same as the
D1 District.
Rear:
Maximum Floor Area Ratio: .50
Minimum Open Space Ratio: .80
Architectural Review Require-
ments:
Permitted Uses:
See 17.32
Same as the
D1 District.
Any use permitted in the D1 District.
Apothecary shop operated as a retail use within
a building, the primary use of which is for
a clinic or physician's office, provided that
said apothecary shop shall sell only drugs,
prescription medicine (both ethical and proprie-
tary), medical supplies and appliances and phar-
maceutical products; and provided further that
not more than fifty percent of the ground floor
area of such building be used for such apothe-
cary shop.
Clinics, medical and dental.
Funeral homes.
Office buildings, providing professional and pri-
vate services only, no wholesale or retail
sales on premises. (For exceptions, see apothe-
cary shop and optical supply shop).
Ophthalmologist and optometrist office.
Optical supply shop when operated within a build-
ing the primary use of which is for an optha-
mologist or optometrist.
Conditional Uses:
Electrical distribution stations.
Rapid transit routes and pick-up stations.
Any conditional use permitted in the Residential
Apartment D1 District.
- 9 -
0.24. COMMERCIAL DISTRICTS
A. General Commercial Cl
A business district to provide area for limited re-
tail sales, service functions, repair of motor ve-
hicles, and commercial amusement and recreational
activities.
This district depends on proximity to major streets
and arterials. This district shall be located in
business corridors or in islands.
Bulk, Dimensional and General Requirements:
Minimum Area:
Minimum lot Width --
minimum Yard Requirements:
a "D" district; then .
Maximum Lot Coverage:
Maximum Building,Height:
Off -Street Parking Require-
ments:
Maximum Fence Limits:
Maximum Floor
Architectural
quirements:
Permitted Uses:
Area Ratio:
Review Re -
N/A
N/A
Only when
abutting
Front:
15 ft.
Side:
5 ft.ea.
Rear:
5 ft.
N/A
40 ft.
See #7.31,D(1)
Front: 0 ft.
Side: 6 ft.
Rear:- 6 ft,
1.0
See #7.32
Accessory buildings or use.
Alcohol Beverage packaged retail sales.
Amusement enterprises similar to billiards, pool,
bowling, shooting gallery, roller rink, dance
hall, but not including theater.
Automobile commercial parking enterprises.
Automobile parking operated in conjunction with
permitted uses.
Automobile parts and accessories, retail sales.
Automobile repair garages.
Automobile service station.
Bakery shops, confectionaries and delicatessens,
wholesale and retail; provided such operations
are limited to 1,500 sq. ft. of manufacturing
area and to the use of non -smoke producing
types of furnaces.
Carwash automatic coin operated.
Car washing and waxing, inside a building.
Catering establishments.
Clubs and other places of entertainment operated
as commercial enterprises.
Colleges, business colleges, trade schools, music
conservatories, dancing schools and simi.lax
organizations, all without students in resi-
dence, offering training in specific fields
Commercial recreation areas, as defined.
Convention hall facilities.
Dairy bar and ice cream manufacture for retail
sale on the premises only.
Drug stores.
Dry cleaning pickup stations and plant.
Dry cleaning, pressing and dying plants operated
in conjunction with a retail service counter
or self-service.
10 -
C
-1_39
Eating and/or drinking establishments except drive-
ins.
Florist, retail.
Food processing for sale at retail on the premises
but excluding the killing and dressing of any
flesh or fowl.
Food Store, supermarket, delicatessen, meat and fish
' market, but excluding the killing and dressing of
any flesh or fowl.
Garden supply, retail sales.
Glazier.
Hardware, appliances and electrical supplies, retail
sales.
Janitor services.
Launderette, self-service.
Motels and motor 'hotels -
Offices limited to 3,000 sq. ft. or less on ground
floor.
Plumbing and heating shops.
Post office.
Printing, publishing and reproduction establishments.
Public transportation shelter stations.
Rental service stores.
Shoe repair.
Taxi stands.
Conditional Uses:
Animal hospital, small.
Electrical distribution stations.
.Quasi -public buildings, non-profit in character.
1 Rapid transit routes and pick-up stations.
Single family dwelling, owner occupied, or for
security purposes.
Temporary buildings and structures.
B. Community Commercial C2
A business district to provide for the development of com-
munity shopping to serve a number of neighborhoods within
the community.
Bulk, Dimensional and General Requirements:
Minimum Area: 5 Acres
Minimum Lot Width: N/A
Minimum Yard Requirements (Only when abutting
district; then): Front: 15 ft.
Side: 5 ft. ea.
Rear: 5 ft.
Maximum Lot Coverage: N/A
Maximum Building Height: N/A
Off -Street Parking Requirements: See #7.31,D(l)
Fence Limits: For security purposes only, then
exceed 8 ft.
' Maximum Floor Area Ratio: 2.5
Architectural Review Requirements: See #7.32
Permitted Uses:
Any use permitted in the Cl District
service store.
Antiques, gift and card retail sales.
Appliance, retail sales.
Art galleries.
Art supply, retail sales.
Banks, savings and loan institutions.
Barber and beauty services.
Bicycle sales and repair.
a ."D"
not to
except rental
4 f.
Book and stationery stores.
Camera Rnpnly nf.ores_
Candy products manufacture, retail on premises_
Car washing and waxing, inside a building.
Clinics, medical and dental.
Clothing and apparel stores, retail.
Coin and/or stamp dealers, sales and lapidaries.
Department stores.'
Finance and loan companies.
Furniture and home furnishing retail -sales.
Furriers, retail sales and storage.
Gunsmith.
Hat cleaning and blocking.
Hobby and toy stores.
Jewelry and watch repair and sales.
Laundries: all, hand laundries and any small power
laundries operated in conjunction with a retail
service counter on the premises where not more
..than 2,000-sq. ft.-.of_-fLoor space is.devoted to
the laundering and fin3shinq process, provided
the total operating capacity of all commercial
washing machines shall not exceed 400 pounds and
no coal burning or smoke producing equipment is
used.
Laundry pick-up stations.
Libraries, museums and art'galleries.
Locksmiths.
Lodges, fraternal, social organizations provided
that any such establishment shall not be con-
ducted primarily for gain.
Music stores.
Newsstands. '
Office, professional, governmental and private.
Office equipment and supplies, sales and service.
Ophthalmologist and.optometri.st office.
Opticians and optical supplies sales.
Paint retail sales.
Parks.
Pet shops, bird stores and taxidermists.
Photographic studios.
Physical culture establishments.
Plumbing and heating materials, retail.
Radio and television, retail sales and serv�.ce,
Repair and service of office and household equipment,
Sporting goods sales.
Tailors, dressmakers, and milliners.
Taverns.
Theaters housed in a permanent indoor. structure.
Variety stores.
Conditional Uses,
None.
C. Central Business C3
A district to set apart that portion of the area, the Cen-
tral Business District, which forms the center for finan-
cial, governmental, professional, cultural and retail ac-
tivities. Suitability of this district for the performance
of these functions, it is hoped will be continued and that
uses likely to create friction will be discouraged. More
intensive land use, through taller structures and mixed use _..
developments, is encouraged in this district.
Bulk, Dimensional and General Requirements:
Minimum Area: N/A
Minimum Lot Width: N/A
Minimum Yard Requirements: Front:
Side:
Rear:
0 ft.
0 ft.
150 sq: ft.
141
Maximum Lot Coverage: N/A
Maximum Building Height: N/A
off -Street Parking Require-
- See
ments:
Maximum Fence Limits: N/A
Architectural Review Require-
ments: See #7.32
Permitted Uses:
Accessory Building or use.
Alcohol Beverage Packaged retail sales.
Amusement enterprises (e.g. billiards, pool, dance
hall, etc.)
Antiques, gift and card -retail sales.
Appliance retail sales..
Art Galleries.
Art supply, retail sales.
Automobile parking enterprise, commercial or public.
Automobile parking in conjunction with permitted uses.
Automobile sales and repair garages.
Bakery shops, confectionaries and delicatessens,
whole-
sale and retail,. provided such operations are
limited
to 1,500 sq. ft. of manufacturing area and to
the use.
of non -smoke producing types of furnaces.
Banks, savings and loan institutions.
Barber and beauty services.
Bicycle sales and repair.
Blueprinting and photostating establishments.
Bus passenger terminal, local and cross-country.
Book and stationery stores.
Camera Supply stores.
Candy products manufacture, retail on premises.
Catering establishments.
Clinics, medical and dental.
Clothing and apparel stores retail.
Clubs and other places of entertainment operated
as
commercial enterprises.
Coin and/or stamp dealers, sales and lapidaries.
Dairy bar and ice cream manufacture for retail sale
on the premises only.
Department stores
Drug stores.
Dry cleaning - pick up station.
Dry cleaning, pressing and dying plants operated in con-
junction with a retail service counter.
Dwellings, multi -family; above the 1st story only. -
Eating and/or drinking establishment, not including
drive-ins.
Electrical sales and contracting companies.
Finance and loan companies.
Florist, retail.
Food stores, delicatessen, meat and fish markets, retail
only, but excluding the killing and dressing of any
flesh or fowl.
Furniture and home furnishing, retail sales.
Furriers, retail sales and storage.
Garden supplies, retail sales.
Gunsmith.
Hardware, appliances and electrical supplies, retail sales.
Hat cleaning and blocking.
Hobby and toy stores.
Janitor services.
Jewelry and watch repair and sales.
Laundries: all hand laundries and any
dries operated in conjunction with
vice counter on the premises where
small power laun-
a retail ser-
not more than
-- 13 -
J9
2,000 sq. ft. of floor space is devoted to the
laundering and finishing process, provided that
total operating capacity of all commercial washing
machines shall not exceed 400 pounds and no coal
burning or smoke producing equipment is used,
Laundry pick-up station.
Locksmith.
Lodges, fraternal, social organizations provided that
any such establishment shall not be conducted
primarily for gain.
Lumber Yards.
Museums.
Music stores.
News stands.
Office equipment and supplies sales and service.
Office, professional,, governmental and private.
Opthalmologist and optometrist office.
-Optical supply"shop.
Opticians and optical supply sales.
Paint retail sales.
Parks.
Pawn shops.
Pet shops, bird stores and taxidermists.
Photographic studios.
Physical cultural establishments.
Plumbing & Heating sales and contracting shops.
Printing, publishing and reproduction establishments.
Public transportation shelter stations.
Radio and television, retail sales and service.
Shoe repair.
Sporting goods, retail sales.
Tailors, dressmakers and milliners,
Taverns.
Taxi stands.
Telephone exchanges.
Theaters housed in a permanent indoor structure.
Undertaking establishments, mortuaries, funeral homes
or parlors.
Variety stores.
Conditional Uses:
Convention Hall facilities.
Electrical distribution stations.
Motels and motor hotels.
Quasi -public buildings, non-profit in character,
Radio and television broadcasting stations and masts.
Rapid transit central terminals or storage..
Rapid transit routes and pick-up stations.
Schools, commercial, as defined.
17.24. INDUSTRIAL DISTRICTS
A. Light Industrial LM
1
An industrial district to provide areas for light in- '
dustrial uses that typically do not create objection-
able characteristics (such as dirt, noise, glare, heat,
odor, smoke, etc.) which extend beyond the lot lines.
Such light industrial uses would include light manufac-
turing, processing, fabrication, and assembling of.
products or materials, warehousing and storage and
transportation facilities. It is also intended that
the encroachment of non -industrial uses within the
district be prevented.
Bulk, Dimensional and General Requirements:
Minimum Area: N/A
Minimum Lot Width: N/A
'_ :t o
Minimum Yard Requirements: Front: 15 ft.
Side:' 5 ft.
Side Corner: 10 ft.
Rear: 0 ft.
Maximum Lot Coverage: N/A
Maximum Building Height: 40 ft.
' Off -Street Parking Require-
ments: See #7.31,D(1)
Maximum Fence Limits: Front: 10 ft.
Side: 10 ft.
Rear: .10 ft.
Maximum Floor Area Ratio: 1.0
Architectural Review Re-
quirements: See #7.32
Permitted Uses:
Accessory buildings or use.
Alcohol beverage distributors.
-Appliance distributors, wholesale, including
on -site repair.
Assembly of machines and appliances from pre-
viously prepared parts.
Automobile parking enterprises, commercial or.
public.
Automobile parking operated in conjunction with
permitted uses.
Automobile -repair garages.
Bakeries or baking plants.
Bedding, carpet and upholstery, cleaning and
. renovating.
Building materials storage and sale, except
lumber yards..
Book bindery.
Bus repair and storage.
Candy products manufacture, wholesale.
Cold storage plants.
Creameries, dairy products, bottling distribu-
tion, ice cream manufacture, all on a whole-
sale basis.
Dry cleaning plants.
Dry cleaning, pressing and dying plants operated
in conjunction with a retail service counter.
Electrical appliance, manufacture, and assembly.
Feed and seed, farm supply.
Fertilizer, bulk sales.
Food products manufacture, storage, processing,
and packaging of but not including the manu-
facturing and processing of lard, pickles,
sauerkraut, sausage or vinegar.
Frozen food lockers.
Furnace repair and cleaning.
Gases or liquified petroleum gases, storage or
sale.
Incidental accessory retail uses such as cafeteria,
gift or variety shops, soda bars conducted
solely for the convenience of the employees,
tenants, patrons, or visitors on the premises
wholly within the principal building and
without exterior advertising display.
Janitor services.
Jewelry and clock manufacture.
Laboratories for commercial or industrial research
and testing.
Laundries, where no coal burning or smoke produc-
ing equipment is used.
Machine shops.
Optical and scientific instrument manufacture.
Paint and body shops.
Parks.
Pharmaceutical products manufacturing, processing,
T
Ad
l
packaging, and storage.
Plumbing and heating shop and yard.
Printing, publishing, and reproduction
establishments.
Public transportation shelter stations.
Public utility storage yards.
Railroad freight yards, terminals, or
classification yards.
Rental service stores and yards.
Scrap paper or rag storage, sorting or
baling when conducted within a building.
Repair and service of office and household
equipment.
Second-hand stores.
Shoe manu`facture, -
_Sign manufacture, painting and maintenance.
Storage warehouses and yards, for distri-
bution and sale other than on the premises.
Sheet metal shops
Tire recapping and retreading.
Upholstery shop.
Wholesale and jobbing establishments includ-
ing incidental retail for only such mer-
chandise as is handled at wholesale.
Conditional Uses:
Electrical distribution station.
Feed and seed processing and cleaning.
Fuel oil, gasoline and petroleum products
bulk storage or sale (must comply with
applicable fire codes).
Furniture manufacture.
Grain elevators.
Heliports.
Machine tool manufacture.
Monument manufacture and sales.
Pottery, porcelain and vitreous china manu-
facture.
Railroad rights -of -way.
Rapid transit central terminals or storage.
Rapid transit routes and pick-up stations.
Schools, commercial.
Temporary buildings or structures.
Truck terminals, repair shops, hauling and
storage yards.
B. Industrial -Commercial CLM
A zoning district intended primarily to accommodate
a variety of business, warehouse, and light -indus-
trial uses in Industrial -Commercial Park developments.
Such uses shall not create objectionablq character-
istics (such as dirt, noise, glare, heat, odor, smoke,
etc.) which extend beyond lot lines. This district
should be located near major arterials and rail ser-
vices.
Bulk, Dimensional, and General Requirements
Minimum Area (sq. ft.):
Minimum Lot Width:
Minimum Yard Requirements:
Side
Maximum Lot Coverage:
Maximum Bldg. Height:
off -Street Parking and Loading
Requirements:
N/A
N/A
Front:
15
ft.
Side:
5
ft.ea.
Corner:
10
ft.
Rear.:
5
£t.
N/A
40 ft..
See #7.31,D(1) (2)
Maximum Fence Limits: Front: 6 ft.
Side: 10 ft.
Rear: 10 ft.
Maximum Floor Area Ratio: 1.0
Architectural Review Re-
quirements: See #7.32
Permitted Uses:
' Appliance, retail/wholesale
Automobile service station.
Bottling works.
Car washing and waxing.
Contractor's storage yards.
Furniture and home furnishings, retail/wholesale.
Hardware, appliances and electrical supplies,
retail/mholesaLe-
Lock -and =gunsmit m.
Motel and motor hotel_
Motorcycle sales and repair.
News stands.
Office, professional, governmental, and private.
Restaurants including drive-ins.
Saw sales, service and repair.
Taverns.
Woodworking shops.
Any use permitted in the LM Light Industrial
District except the following:
Bus repair and storage.
Gases or liquified petroleum gases storage
or sale.
Scrap paper or rag storage, sorting or bal-
ing when conducted within a building.
Conditional Uses:
Any conditional use allowed in the LM Light In-
dustrial District; Hospital, small animal.
#7.25. PUBLIC DISTRICT
Public Lands and Institutional PLI
A public district to provide and reserve areas for
public uses.
Bulk, Dimensional, and General Requirements
Minimum Lot Area:
Minimum Lot Width:
Minimum Yard Requirements:
Maximum Lot Coverage:
Minimum Bldg. Height:
Maximum Fence Limits:
off -Street Parking and Load-
ing Requirements:
Architectural Review Re-
quirements:
Permitted Uses:
N/A
N/A
Front: 20 ft.
Side: 5 ft.
Side Corner:20 ft.
Rear: 20 ft.
45 percent
3 stories
Front: 0 ft.
Side: Same as D1
Rear: Same as D1
See #7.31,D(1)(2)
See #7.32
Governmental office buildings.
Parking lots or structures.
Parks, parkways, greenbelts and the like.
- 17 -
fi_ 4 _)
Museums, historic,
crafts exhibits.
Schools.
Conditional Uses:
cultural and arts and
Jail facilities, municipal or county.
PART 3
#7.31. GENERAL CONTROLS AND LIMITATIONS
All real property in the Kalispell Downtown Redevelopment
Area is hereby made.subject..to the controls and require-
ments _o this.Ch4pter.
No real property shall be developed, rehabilitated, or
otherwise changed after the date of the adoption of this
Chapter, except in conformance with the provisions of
this Chapter.
A. Construction
All construction shall comply.with all applicable
state and local laws in effect from time to time.
The Agency shall require that, as feasible, adequate
landscaping and screening be provided to create a
buffer between those areas designated for residential
use and those areas designated for commercial or in-
dustrial uses.
All outdoor storage of materials or equipment shall
be enclosed or screened by walls, landscaping, or
other enclosure to the extent and in the manner re-
quired by the Agency.
B. Existing Non -Conforming Uses
1) Non -conforming lots, non -conforming structures,
non -conforming uses of land and non -conforming
uses of structures existing upon the effective
date of this Chapter may be continued, subject to
the provisions hereinafter specified.
2) Non -conforming uses of land.
(a) Enlargement or extension. No non -conforming
use of land existing upon the effective date
of this Chapter shall be enlarged, increased
or extended to occupy a greater area of land
than was occupied at the effective date of
this Chapter.
(b) Discontinuance. No non -conforming use of
land shall continue if it ceases for any
reason for a period of ninety (90) days. Use
of the land thereafter must be in accordance
with the use regulations of the district in
which it is located..
(c) Movement. No non -conforming use of land
shall be moved in whole or in part to any
portion of the lot or parcel other than that
occupied by such use at the effective date
of this Chapter.
4 ,7
3) Non -conforming, uses of structure.
(a) Enlargement or extension. A non -conform-
ing use of a structure may not extend to
any other part of the structure which was
not designed for such use at the time of
adoption of this Chapter; and no such use
shall be extended to occupy any land out-
side the structure. Moreover, said struc-
ture shall not be enlarged, extended, con-
structed, reconstructed, moved or structur-
ally altered.
(b) Discontinuance. No non -conforming use of a.
structure shall continue if it is discon-
tinued for one hundred eighty (180) days.
Use..of.the structure thereafter shall be in
accordance with the use regulations of the
district in which it is located.
(c). Change in use. If no structural alterations
are made, any non -conforming use of a'struc-
ture, or structure and premises in combina-
tion, may be changed to another non -conform-
ing use of the same nature, or to a more re-
stricted use,.or to a conforming; provided,
however, that change to a more restrictive
use or to another non -conforming use may be
made only if the relation of structure to
surrounding property is such that adverse
effects on occupants and neighboring property
will not be greater than if the original non-
conforming use continued.
(d) Repairs and maintenance, on any building de-
voted in whole or in part to any non -conform-
ing use, work may be done on ordinary repairs,
or on repair or replacement of nonbearing walls,
fixtures, wiring or plumbing, to an extent not
exceeding 15 percent of the current replacement
value of the building, provided that the cubic
content of the building as it existed at the
time of the effective date of this Chapter
shall not be increased
Nothing contained herein shall be deemed to
prevent the strengthening or restoring to a
safe condition of any building or part thereof
declared to be unsafe by any official charged
with protecting the public safety, upon order
of such official.
4) Non -conforming structure. A non -conforming struc-
ture may be continued so long as it remains other-
wise lawful, subject to the following provisions:
(a) Enlargement or alteration. No non -conforming
structure may be enlarged or altered in any
way which increases its non -conformity.
(b) Damage or destruction. If a non -conforming
structure is destroyed by any means to an ex-
tent of more than 50 percent of its replace-
ment cost at time of destruction, it shall not
be reconstructed except in conformity with the
use regulations of the district in which it is
located.
- 19 -
1.
(c) Reiacution. if a non -conforming structure
is moved for any reason for any distance
whatever, it shall thereafter conform to
the regulations for the district in which
it is located after it is moved.
5) Non -conforming lots.
(a) A non -conforming lot shall not be -reduced '
in area or width.
(b) Any conforming use or conforming structure
on a non -conforming lot may be enlarged, ex-
tended, constructed, or moved so long as
other requirements of this chapter are met.
:two or more lots or combinations of lots
or -portions of lots with continuous frontage
in single ownership or lease do not meet the
requirements established for lot area, the
lands involved shall be considered to be an
undivided parcel for purposes of this chap-
ter, and no portion of said parcel shall. be
used or sold in a manner which diminishes de-
gree of compliance with lot width and area
requirements, nor shall any division of any
parcel be made which creates a lot with width
or area below the requirements of this chapter.
C. Rehabilitation
Any existing structure within the Redevelopment Area
which the Agency shall approve for retention and re- t
habilitation shall be repaired, altered, reconstructed,
or rehabilitated in such manner that it will be safe
and sound in all physical respects and be attractive
in appearance and not detrimental to the surrounding
areas.
D. Off -Street Parking and Loading RequireYrients
1) Off -Street Parking Requirements -
The Off -Street Parking requirements contained in
Chapter 4, Sec..#4.02 of this ordinance '(Appendix.
"B" of the Kalispell City Code) apply to this
chapter except as follows:
(a) Any property within a Special Off --Street Park-
ing District and against which assessments
have been levied by the City for the acquisi-
tion and/or construction of public off-street
parking shall be exempt from the off-street
parking facilities as may have been required
for such property at the time such a Special
Off -Street Parking District was formed and
levy of assessment made in accord with.the ,
formula therefore adopted by the City.
(.b) Any property within the Kalispell Downtown Re-
development Area which, by a change in use
thereof or by new construction, expansion, en-
largement or conversion of any building thereon,
shall thereafter increase its need for off-
street parking required in accord with said Sec.
14.02, shall be required to satisfy the added
off-street parking facilities required by such
- 20 -
49
11
change in use or building construction, enlarge-
ment, expansion or conversion. Need for such
added facilities may be satisfied by any of the
following methods:
(i) Furnish physical off-street parking facili-
ties in accord with Sec. #4.02.
(ii) With the consent of the City of Kalispell
Parking Commission and the approval of the
Kalispell City Council, pay to the City
cash in lieu of physical off-street parking
facilities, that would have satisfied Sec.
#4.02. The amount of cash in lieu to be
furnished shall -be determined in consider-
ation --of the.�fair..market value for a compar-
able amount of land within an area as set
out in Sec. 04.02(b) and any other reason-
able factor within the judgment of the said
Parking Commission and City Council. A pay-
ment schedule agreement for such amount plus
interest may be made between the City and
the owners of the property involved covering
a period of not more than 5 years; full pay-.
ment of such amount, if by agreement, shall
be made a first priority lien on the property
involved. All cash in lieu collected by the
City under this method, including interest,
may only be expended by the City to acquire
additional facilities or improve existing
facilities for off-street parking within the
Kalispell Downtown Redevelopment Area.
(c) Plans.
(i) All traffic control devices such as parking
stripes designating car stalls, directional
arrows or signs, wheel stops, curbs and other
developments, shall be installed and com=
pleted as shown on the approved plans. Park-
ing areas shall be hard surfaced and use paint
or similar devices to delineate car stalls
and directional arrows. Where pedestrian
walks are used in parking lots for the use of
foot traffic only they shall be curbed, or
raised six inches (6") above the lot surface.
(ii) Landscaping shall be included as a part of
lot design. Four percent (4%) of any parking
area shall be landscaped and continually main-
tained by the owner.
(iii) Screening in the form of architectural fences,
or dense coniferous hedges may be erected or
planted and maintained where the parking area
has common boundary with any "D" district.
Such fences or hedges shall not obscure sight
distance from parking lot exits.
(iv) Lighting of areas provided for off-street park-
ing must not constitute a nuisance or hazard
to passing traffic and where the parking area
joins any "D" district, the illuminating de-
vices shall be so shaded and directed away
from said district.
- 21 -
a_50
2) Off -Street Loading Requirements:
The Off -Street Loading requirements contained
in Chapter 4, Sec. #4.03 of this ordinance
(Appendix "B" of the Kalispell City Codes) shall
apply to this chapter.
E. Land Use Intensity (L.U.I.)
The Land Use Intensity Section contained in Chapter
4, Sec. #4.04 of this ordinance (Appendix "B" of the
Kalispell City Codes) shall apply to this chapter.
F. Open Space and Landscaping
The approximate amount -of aspen space provided in the
Redevelopment Area are those areas devoted to public
grounds, space around buildings, and other areas not
permitted to be covered by buildings. open space and
landscaping plans shall be submitted to the Agency
for review and approval pursuant to the procedures set
forth in this chapter. Open space may be either func-
tional or ornamental, interior or exterior, as deemed
appropriate by the Agency.
G. Utilities
All new utility lines in the Redevelopment Area,
whether they be distribution or transmission lines,
are to be installed underground where feasible or
deemed appropriate by the Agency. Existing overhead
lines are to be replaced with underground facilities
when physically and economically feasible. The
appearance of visible facilities shall be.enhanced
by architectural and horticultural treatment,
H. Energy Conservation
All building permit applicants for new building con-
struction or any expansion of any.existng building
within the Redevelopment Area shall submi:t to the
Agency for their review and approval, a plan for
energy conservation which shall include:
- building shape and location, on lot
- building materials including insulation
("R" factors)
estimated conventional energy consumption
demand (.BTU's/sq. ft. per year).
- location of indoor spaces, windows, pro-
tected entrances and interior lighting
- summer cooling and shading devices
I. Conditional Uses
The conditional use sections of Chapter 4, Seca #G.07
of this ordinance (Appendix "B" of the Kalispell City .
Codes) shall apply to this chapter with the following
exceptions:
1) Application for conditional use permit. A de-
veloper, owner or lessee may file with the Zoning
Administrator an application for a conditional
use permit, provided that the conditional use
sought is allowed in the. particular district.
- 22 -
( ( 51.
The applications shall be accompanied by a site
plan.
2) Animal Hospitals. Except where animals are kept
in soundproof air conditioned buildings no struc-
ture or area occupied by such animals shall be
kept within 15 feet of the property line of any
' adjacent lot. .
3) Cluster Developments - Dwellings
(a) Minimum area of the development shall be not
less than 21,300 sq. ft.
(b) Within the D2 through D4 Residential Dis-
tricts only attached dwellings shall be per-
mitted.
CO Lot Size. The minimum lot size of a lot of
record within a cluster development of
attached dwellings shall beat least 1,500
sq. ft. for one dwelling unit..
(d) Common Open Space. Common open space, with-
in the zoning lot,..permanently reserved and
maintained as landscaped area or recreational
space shall be provided in an amount equal
to the open space requirement of the District.
The location, size, nature and topography of
the open space areas shall be suitable for
use as common areas for park, recreational
purposes and buffer areas between groups'.of
'
homesites.
(e) Yards. Yards abutting the boundaries of
cluster developments shall conform to the
minimum requirements for the district..
Where groups of buildings in the development
are adjacent to a side boundary and such
boundary is not a street or alley, the yard
adjacent to such boundary shall be maintained
free from drives or parking. .
J. Incompatible Uses
No conditional use or structure which, by reason of
appearance, traffic, smoke, glare, noise, odor or
similar factors, would be incompatible with.the sur-
rounding areas or structures shall be permitted in any
part of the Redevelopment Area. Within the Redevelop-
ment Area, except with the approval of the Agency,
there shall be no extraction of oil, gas or other min-
ter substances, nor any opening or penetration for
any purpose connected therewith within five hundred
(500) feet of the surface.
K. Nondiscrimination and Nonsegregation
No discrimination or segregation based upon sex, race,
color, creed, age, religion, national origin, or ances-
try shall be permitted in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of pro-
perty in the Redevelopment Area.
L. Re -subdivision of Parcels
After rehabilitation and development pursuant to the
Plan, no parcel in the Redevelopment Area, including
- 23 -
any parcel retained by a conforming owner or par-
ticipant, shall be resubdivided without the appro-
val of the Agency.
M. Variances and Appeals
1) Under exceptional circumstances, the Board of
Adjustment is authorized upon written application ,
to permit a variance from the limits, restric-
tions and controls established by this chapter.
In order to permit such variance, the Board of
Adjustment must determine and find that all of the
following conditions exist:
(a) The application of certain provisions of this
chapter would result in practical difficul-
-tes.or unnecessary hardships inconsistent
with the general purpose and intent of this
chapter.
(b) There are exceptional circumstances or condi-
tions applicable to the property or to the
intended development of the property that do
not apply generally to other properties hav-
ing the same standards, restrictions and con-
trols.
(c) Permitting a variance will not be.materially
detrimental to the public welfare or injuri-
ous to property or improvements in the area.
(d) Permitting a variance will not be contrary.to I
the objectives of the Plan or the Comprehen-
sive Plan of the City.
2) No variance.shall be granted which changes a basic
land use or which permits other than d minor de-
parture from the provisions of this chapter. In
granting any such variance, the Board of Adjustment
shall impose such conditions as are necessary to
protect the public health, safety or welfare and to
ensure compliance with the purposes of the Plan.
Any variance permitted by the Board of Adjustment
hereunder shall not supersede any other approval
under City Codes and Ordinances. .Variances shall
be granted by written document and recorded in the
County Records.
3) General procedures and fees governing application
for variances and appeals under this chapter shall
follow those set forth for variances and appeals
in Chapter 6, Sec. #6.06, ##6.10 and #6.11 of this
Ordinance_ (Appendix "B" of Kalispell City Code)
#7.32, ARCHITECTURAL AND SITE DESIGN REVIEW
A. 'Findings and Objectives '
1) This agency finds that excessive uniformity, dis-
similarity, inappropriateness or poor quality of
design on the exterior appearance of structures
and signs and the lack of proper attention to site
development and landscaping in the Kalispell Re-
development Area, the City hinders the harmonious
development of the city, impairs the desirability
of residence, investment or occupation in the city,
limits the opportunity to attain the optimum use
- 24 -
l
15 tj
and
value of land and improvement, adversely
affects the stability and value of the property,
produces
degeneration of property in such areas
with
attendant deterioration of condition affect-
ing
the peace, health and welfare of the city,
and
destroys a proper relationship between the
taxable
value of property and the cost of munici-
ple
services therefor.
'
2) The
Agency declares that the purposes and objec-
tives
of Architectural site design review proce-
dure
are to:
(a)
Encourage originality, flexibility and inno-
vation in site- planning and development, in-
cluding the architecture, landscaping and
graphic design of said development;
(b)
Discourage monotonous, drab, unsightly,
dreary and inharmonious development;
(c)
Conserve the Redevelopment Area's natural
beauty and visual character and charm by in-
suring that structures, signs and other im-
provements are properly related to their
sites, and to surrounding sites and structures,
with due regard to the aesthetic qualities of
the natural terrain and landscaping, and that
proper attention is given to exterior appear-
ances of structures, signs, and other improve-
ments.
(d)
Protect and enhance the city's appeal to
tourists and visitors and thus support and
stimulate business and industry and promote
the desirability of investment and occupancy
in business, commercial and industrial pro-
perties;
(e)
Stabilize and improve property values and
prevent blighted areas and, thus, increase
tax revenues;
(f)
Achieve the beneficial influence of pleasant
environments for living and working on be-
haviorial patterns, and thus decrease the cost
of governmental services;
(.f)
Foster civic pride and community spirit so as
to improve the quality and quantity of citi-
zen participation in local government and in
community growth, change and improvement;
(h)
Sustain the comfort, health, tranquility and
contentment of residents by reason of the
city's favorable environment, and thus to
promote and protect the peace, health and wel-
fare of the city.
B. Architectural Review Committee
1) The Mayor with the approval of the Council shall
appoint an Architectural Review Committee (ARC) of
at least five (5) persons of the following quali-
.fications: One individual specially qualified by
reason of education, training or experience in the
financing of commercial real property; two indi-
viduals actively engaged in business, commerce or
-ndustry; all'" tWV individuals who Shall either Ne
architects, landscape architects, or specially
qualified by reason of education, training or ex-
perience in the area of graphic or allied arts.
Whenever possible, the Mayor shall appoint indi-
viduals who are either property owners, residents
or actively engaged in business or employment in
the Redevelopment Area.
2) The members shall serve at the pleasure of the '
Mayor. The Mayor, with approval of the Council,
may remove any member of the ARC after hearing,
for misconduct or nonperformance of duty. Any
vacancies on the ARC shall be promptly filled by
the Mayor with the approval of the Council.
--31 TheARC,may adopt--and.-amend rules. to govern the
conduct of its Business including, but not limited
to: officers, quorum, voting, schedule of meetings
and records.
C. Jurisdiction and Powers of the ARC
1) Except for single family and duplex dwellings, no
building permit shall be issued for a new building
or major remodeling of an existing building, and
no sign permit shall be issued for the erection or
construction of a sign relating to such new build-
ing or major remodeling, until the plans, drawings,
sketches and other documents required under Section
7.32(e) have been reviewed and approved by the ARC
in conformity with the criteria specified in Sec-
tion 7.32(d) for purposes of this ordinance, the
term "major remodeling" shall mean any remodeling
that substantially changes the exterior appearance
of the building.
2) Construction, site development and landscaping,
signing and graphics shall be carried out in the
substantial accord with the plans, drawings,
sketches and other documents approved by the ARC,
unless altered with the ARC's-approval. Nothing
in this section shall be constructed to prevent
ordinary repair, maintenance and replacement of any
part of the building or landscaping which does not
involve a substantial change from the goals and cb-
jectives of Section 7.32(,A).-
D. Criteria and Standards
1) The following standards shall be utilized by the
ARC in reviewing the plans, drawings, sketches and
other documents required under Section 7.32(E).
These standards are intended to provide a frame of .
reference for the applicant in the development of
site and building plans as well as a method of re-
view for the ARC. These standards shall not be re-
garded as inflexible requirements. They are not in-
tended to discourage creativity, invention and in-
novation. The specifications on one or more partic-
ular architectural styles is not included in these
standards.
(a) Relation of proposed buildings to environment;
Proposed structures shall be related harmoni-
ously to the terrain and to existing buildings
in the vicinity that have a visual relation- .
ship to the proposed buildings. The achieve-
- 26 -
15 5G'
.j
ment of such relationship may include the
enclosure of space in conjunction with other
existing buildings or other proposed build-
ings and the creation of focal points with
respect to avenues of approach, terrain fea-
tures or other buildings.
(b) Drive, Parking and Circulation: With respect
to vehicular and pedestrian circulations, in -
eluding walkways, interior drives and parking,
special attention shall be given to location
and number of access points, general interior
circulation, separation of pedestrian and ve-
hicular traffic, and arrangement of parking
areas that are safe and convenient, and insofar
as,practicable, do not detract from the design
of proposed -buildings and structures in the
neighboring properties.
(c) Surface Water Drainage: Special attention
shall be given to proper site surface drain-
age so that removal of surface waters will
not adversely affect neighboring properties
or the public storm drainage system.
(d) Utility Service: Whenever feasible, electric,
telephone and other utility lines shall be
underground. Any utility installations re-
maining above ground shall be located so as
to have a harmonious relation to neighboring
properties and the site. The proposed method
of sanitary sewage disposal from all buildings
shall be indicated-
(e) Advertising Features: The size, location, de-
sign, color, texture, lighting and materials
of all exterior signs and outdoor advertising
structures or features shall not detract from
the design of proposed buildings and struc-
tures and the surrounding properties.
(f) Special Features: Exposed storage areas, ex-
posed machinery installations, service areas,
truck loading areas, utility buildings and
structures and similar accessory areas and
structures shall be subject to such setback,
screen plantings or other screening methods as
shall reasonably be required to prevent their
being incongrous with the existing or contem-
plated environment and the surrounding pro-
.perties.
(g) Application of Design Standards: The standards
of review outline in (a) to (f) above also
apply to all accessory buildings, structures,
exterior signs and other site features, however
related to the major buildings or structures.
2) The ARC shall also be guided by the objectives of
Section 7.32(A), and such objectives shall serve as
additional criteria and standards.
E. Procedure
1) Submission of documents. A prospective applicant
for a building or other permit who is subject to
site design review shall submit to the City Building
Official the following:
- 27 -
(a)
A site plan, drawn to scale, showing the
proposed layout of.all structures and other
improvements including, where appropriate,
driveways, pedestrian walks, landscaped
areas, fences, walls, off-street parking
-
and loading areas, and railroad tracks. The
site plan shall indicate the location of en-
trances and exits and the direction of traf-
fic flow into and out of off-street parking
and loading areas, the location of each park.
,
ing space and each loading berth and areas
of turning and manuevering vehicles. The
site plan shall indicate how utility service
and drainage are to be provided.
(b)
A landscape plar4,.drawn to scale, showing
=the -location -of existing trees, proposed to
be removed and to be retained on the site,
the location and design of landscaped areas,
the varieties and sizes of trees and plant
materials to be planted on the site, other
pertinent landscape features, and irrigation
systems required to maintain trees and plant
materials.
(c)
Architectural drawings or sketches, drawn to
scale, including floor plans, in sufficient
detail to permit computation of yard require-
ments and showing all elevations of the pro-
posed structures and other improvements as
they will appear on completion of construction.
(d)
Specifications as to type, color and texture
of exterior surfaces of proposed structures.
'
(e)
A sign plan, drawn to scale, showing the
location, size, design, material, color and
methods of illumination of all exterior signs.
2) The City Building Official, or his designate, shall
review all drawings, plans and specifications sub-
mitted for architectural and site design review.
If he finds that they meet all other requirements
of the Ordinances of the City, he shall forward them
to the ARC. Any plans, drawings, sketches and docu-
ments submitted for review that do not.meet all the
city's ordinances shall be brought into compliance.
prior to consideration by the ARC..
3) The ARC shall make a decision in a timely manner.
pursuant to their rules and schedule. An applicant
may appeal a decision to the City Council. The
Appeal shall be filed in writing to the City Build-
ing Official within fifteen (15) days after the ARC
has rendered its decision.
#7.33. AGENCY APPROVAL '
Approval of a proposed project by the Agency shall be com-
pleted before a building permit may be issued.. Basis for
approval shall include:
1) Review and consideration of the recommendations of
the Architectural Review Committee.
2) A legal description of the proposed project in-
cluding evidence of present ownership and district
- 28 -
L
designation of the project. All owners or lien-
hc1dC_r.. mlu: t .... ns-ent t^ +l:e nrnnnSe l + rninrf .
3) Review of existing site conditions showing con-
tours, between two (2) foot and ten (10) foot in-
tervals, as applicable to the terrain, water
courses, natural features, tree cover and property
lines.
4) Review of generalized land use map showing size,
location, heights and types of all proposed uses,
5) Review of existing and proposed vehicular circula-
tion system including parking areas, storage areas,
service areas, loading areas and major points of
access, indicating street widths and right-of-way.
6) Location and arrangement of all open space, common
recreational space, private open space, pedestrian
ways and preliminary landscape treatment.
7) Vicinity map showing the.proposed development in
relation to the surrounding development and major
streets and existing and proposed utilities,
PART 4
ADMINISTRATION
$7.41. GENERAL
Chapter 6, Sections 6.01, 6.02, 6.03 and 6.04 of this ordin-
ance (.Appendix "B" of the Kalispell City Code) shall apply
to this chapter.
#7.42. .AMENDMENT
Amendment of this chapter shall be governed by Chapter 6,
Section 6.13 of this ordinance. (Appendix "B" of Kalispell
City Code.)
#7.43. VIOLATIONS
Violations of this chapter shall be governed by Chapter 6,
Section 6.15 of this ordinance. (Appendix "B" of Kalispell
City Code.)
SECTION II. The provisions of this chapter are severable. If any
section, sentence, clause or phrase of this chapter is adjudged by
a court of competent jurisdiction to be invalid, the decision shall
not affect the validity of the remaining portions of this chapter.
SECTION III. This chapter shall be effective thirty (30) days after
final passage of same by the City Council and approved by the Mayor.
Enactment of this chapter shall be considered the implementation of
' Ordinance #885, as amended, also known as Appendix "B" of the Kalis-
pell City Code, to that area of the city covered by this chapter.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AND APPROVED BY THE MAYOR THIS 25th DAY OF August , 1980.
Norma E. Happ, Mayor
I, Marjorie Giermann, City Clork of the City of
ATTEST: Kalispell, Montana, do certify that on the 22nd
day of July , 1980, I posted a copy of the fore-
going ordinance in my office and the same remained
posted until the second reading on August 211, 1980
Mar3oYA.e Giermann, City Clerk and the same is a true and c ect copy..
29. - 'ih, , i aul� a—Yr2e �w A