Ordinance 633 - Boundaries of Various Use Districts73
ORDINANCE NO. 633
AN ORDINANCE AMENDING SECTIONS 677 AND 678 OF ORDINANCE NO. 536 KNOWN AS THE
REVISED ORDINANCES OF 1947 OF THE CITY OF KALISPELL, MONTANA, PASSED AND
APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, ON APRIL 143
1947, AS AMENDED, RELATING TO THE BOUNDARIES OF THE VARIOUS USE DISTRICTS AND
THE RESTRICTIONS WITHIN SUCH DISTRICTS, BY RE aEFINING THE BOUNDARIES OF SUCH
USE DISTRICTS AND BY CREATING A NEW RESTRICTED INDUSTRIAL DISTRICT, AND BY
AMENDING THE RESTRICTIONS AS TO THE BUSINESS*RESIDENCE DISTRICT, AND BY DEFINING
CERTAIN RESTRICTIONS IN THE RESTRICTED INDUSTRIAL DISTRICT, AND BY DESIGNATING
U. S. HIGHWAY #93 FROM ITS JUNCTION WITH NORTH MAIN STREET TO THE NORTHWEST
CITY LIMITS AS AN AVENUE FOR THE PURPOSE OF SET -BACK REGULATIONS: AND REPEAL-
ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT MMVITH, AND DECLARING
AN EMERGENCY.
WHEREAS, the Board of Adjustment of the City of KALISPELL, MONTANA,
gave notice of a public hearing on proposed changes in the Kalispell zoning
boundaries and regulations, which said notice was duly published pursuant to
law in the Daily Inter -Lake, a daily newspaper printed in Kalispell, Montana,
such publication being on May 21, 1954, as shown by the affidavit of publication
duly filed with the Clerk of such Board of Adjustment, and such board duly held
such hearing pursuant to such notice on the 8th day of June, 1954; and
WHEREAS, after due consideration of the views, objections or consent
of persons testifying at such hearing and of the evidence introduced thereat,
the said Board of Adjustment duly caused to be prepared this ordinance, and
duly presented this said ordinance to the City Council of the -City of Kalispell..
Montana, with recommendation that it be passed and adopted by said City Council;
and
WHEREAS, it appears that this ordinance so presented by the Board
of Adjustment to the City Council is identical to the proposed changes as
contained in such notice, and it appearing that the proceedings of the Board
of Adjustment have been in conformity with the ordinances of the City of
Kalispell and the laws of the State of Montana, and it appearing that this
ordinance was presented to said City Council on the 29th day of June, 1954,
and that over ten days has elapsed since such time, and that it will be to the
best interests of the City of Kalispell to adopt such ordinance as proposed,
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA :
Section 1. That section 677 of the Revised Ordinances of 1947 of
the City of Kalispell, Montana, passed and approved by the City Council of the
City of Kalispell, Montana, on the 14th day of April, 1947, as amended, be, and
the same is hereby, amended to read as follows:
Section 677. Boundaries of Districts. The boundaries of the
various use districts and the areas included therein are shown by the plat or
map referred to in this ordinance, and such districts shall comprise the city
blocks and portions of blocks as hereinafter described; provided, further
that any new territory. hereinafter taken within the city limits of the City
of Kalispell shall be in the same zone as that portion of the City which it
adjoins.
No. 1 Residence District.
' All the area within the following described boundary. Beginning at
the intersection of Second Avenue East North with the Center Line of Wyoming
Street; thence West along Center Line of Wyoming Street to its intersection
with First Alley East; thence South along First Alley East to intersection with
Nevada Street, thence Westerly along Nevada Street to the intersection with
First Alley West; thence North along First Alley West to intersect with
Wyoming Street; thence Westerly along Wyoming Street to its intersection with
Fourth Alley West; thence Southerly along Fourth Alley West to its intersection
with Nevada Street; thence Westerly along Nevada Street to its intersection
with Sixth Alley West; thence Northerly along Sixth Alley West to its inter-
section with Wyoming Street; thence Westerly along Wyoming Street to its inter -
section with the Western City Limit Line; thence Northerly and Easterly along
the City Limit Line to its intersection with the Westerly Limits of the Kalispell
74
Ty,
N
Golf Course; thence Southerly and Westerly along said Westerly Golf Course
Boundary to its intersection with Highway No. 93; thence Southeasterly along
Highway No. 93 to intersect with subdivision line on Southerly Boundary of
the Northeast Quarter of the Northwest Quarter, Section 7, Township 28
North, Range 21 West; thence along regular subdivision line to intersect with
the Westerly Addition of the area known as Read's Amended Addition to Kalispell,
plat of which is on file in the office of the County Clerk and Recorder;
thence Northerly along the Westerly Boundary line of said Addition; thence
Easterly and Southerly along said Addition's boundary produced to its inter-
section at Wyoming Street, the place of beginning.
Also Blocks thirty-nine, fort$r, one hundred ninety-one, one hundred
ninety-two, forty-one, forty-two, fifty-eight, fifty-nine, sixty, one hundred
ninety-three, Block A, one hundred ninety-five, one hundred ninety-four,
sixty-one, sixty-two, sixty-three, East half of sixty-four, East half of Block
seventy-seven, seventy-eight, seventy-nine, Eighty, one hundred ninety-seven,
one hundred ninety-six, one hundred ninety-nine, one hundred ninety-eight,
eighty-one, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six,
eighty-seven, eighty-eight, ninety-three, ninety-four, ninety-five, ninety-six,
ninety-seven, ninety-eight, ninety-nine, one hundred, two hundred two, two
hundred one, two hundred, two hundred five, two hundred four, two hundred three
one hundred one, one hundred two, one hundred three, one hundred four, one
hundred five, one hundred six, one hundred seven, one hundred eight, one
hundred thirteen, one hundred fourteen, Court House Grounds, one hundred seven-
teen, one hundred eighteen, one hundred nineteen and one hundred twenty.
Also all the property belonging to L. E. O'Neil within the City
Limits and lying in the Northeast quarter of the Northwest Quarter, Section 17,
Township 28 North, Range 21 West.
No. 2 Residence District.
Beginning at the intersection of Eight Avenue East North and Wash.
ington Street; thence Westerly along Washington Street to its intersection
with Fourth Avenue West North extended; thence northerly along Fourth Avenue
West North produced to Oregon Street produced Westerly; thence Westerly along
Oregon Street produced to its intersection with Sixth Alley produced; thence
Northerly along Sixth Alley produced to intersection with California Street;
thence Westerly along California Street to intersect with Westerly City Limitf
thence Northerly along City Limits to its intersection with Wyoming Street;
thence Easterly along the Southerly Boundary of Residential District No. 1 to
its intersection with the Southerly bank of Stillwater River; thence Easterly
Tong said bank to its intersection with California Street; thence Easterly
along California Street to its intersection with Eighth Avenue East North;
thence Southerly along Eighth Avenue East North to point of beginning.
Also: All the area lying South of Ninth Street East and West.and
East of third Avenue West to.City Limits and all that j portion lying between
Eighth and Ninth Street East and East of Fifth Avenue East,
Also: The West half of Block forty-eight, Blocks Forty-nine, fifty,
one hundred sixty, East half of one hundred sixty-one, East half of one hundred
sixty six, one hundred sixty-seven, fifty-one, fifty-two, West half of fifty-
three, West half of sixty-eight, sixty-nine, seventy, one hundred sixty-eight,
East half of one hundred sixty-nine, East half of one hundred seventy-five,
Blocks one hundred seventy-six, seventy-one, seventy-two, seventy-three, West
half of seventy-four, Blocks eighty-nine, ninety, one hundred seventy-seven,
East half of one hundred seventy-eight, East half of one hundred eighty-five, '
Blocks one hundred eighty-six, ninety-one, ninety-two, one hundred nine, one
hundred ten, one hundred eighty-seven, East half of one hundred eighty-eight,
three, four, five, and six.
Also: All the area within the following descrived boundary to -wit:
Beginning at the intersection of Fifty Street West and Tenth Alley West; thence
Westerly along Fifth Street extended to intersect trith the Westerly City Limits;
thence along said City Limits Westerly and Northerly to its intersection with
First Street West extended Westerly; thence East along First Street West to its
intersection with Tenth Alley West; thence Southerly along said Alley to its
intersection with Fifth Street West the place of beginning.
m
No. 3 Residence District.
Beginning at the intersection of Third Avenue West with the South
City Limits Line; thence following the City Limits Westerly and Northerly
to its intersection with Fifth Street produced; thence Easterly along said
production to its intersection with Tenth Alley West; thence Northerly along
Tenth Alley West to its intersection with First Street; thence Easterly along
First Street to its intersection with Seventy Alley West; thence Southerly
along Seventh Alley West to its intersection with Ninth Street; -thence Easterly
along Ninth, Street to its intersection with Third Avenue West; thence Southerly
along Third Avenue West to the place of beginning.
Also: All the area within the following described line, to -wit:
Beginning at the intersection of Fourth Avenue West North and Washington Street;
thence Westerly along Washington Street to intersection with West City Limits;
thence Northerly along City Limits to its intersection with California Street
extended Westerly; thence Easterly along said Street to intersect with Sixth
Alley West North extended Northerly; thence Southerly along said alley to its
intersection with Oregon Street extended Westerly; thence Easterly along said
Oregon Street to intersection with Fourth Avenue West North extended Northerly;
thence Southerly along said Avenue to intersection with Washington Street and
the place of beginning.
Also: All that area lying Southeasterly of Highway 2 and within the
City Limits Platted and known as Woodland Heights.
No. 4 Business District.
East half of Block Six, West Half of Block five, West Half of Block
sixteen, Block fifteen, East half of Block fourteen, East half of Block twenty -
six, West half of Block twenty-five, East half of Block thirty-three, Block
thirty-four, thirty-five, thirty-six, thirty-seven, thirty=eight, forty-three,
forty-four, forty-five, forty-six, forty-seven, East half of Block forty-
eight, East half of Block fifty-three, Block fifty-four, fifty-five, fifty-
six, fifty-seven, West half of Block sixty-four, Block sixty-five, sixty-six,
sixty-seven, East half of Block sixty-eight, East,half seventy-four, Block
severrty-five, seventy-six, and West half of Block seventy-seven.
No. 5 Business -Residence District.
All the area between Washington Street and Montana Street extended
Easterly to Great Northern Railway except West half of Block five, East half of
Block six, East half of Block fourteen, Block fifteen, and West half of Block
sixteen.
Also: All the area known as Willis Addition and the area lying East
of said Addition.
No. 6 Industrial District.
All the area lying between Railroad Street and Montana Street
excepting therefrom the total area within the rAilroad Right of Way between
Fourth, Avenue East and Fifth Avenue West,
Also: All the area between First Street West and Railroad Street
from Third Alley West to City Limits on West Boundary.
No. 6A Restricted Industrial District.
' All the area wholly within the Railway Right of Way lying between
Fourth Avenue East and Fifth Avenue West.
Section 2. That Section 678 of the Revised Ordinances of 1947 of the
City of Kalispell, Montana, passed and approved by the City Council of the City
Of Kalispell, Montana, on the 11th day of April, 1947, as amended] be, and the
same is hereby, amended to read as follows:
Section 678. Restrictions within Districts. -- No. 1 Residence District.
In the No. 1 Residence District, except as hereinafter provided, no
building or structure shall be erected or materially altered nor shall any
building or premises be used, except for one or more of the following uses:
Fri
1. Single family dwellings. ,
2. Multiple fancily dwellings, provided that the area for each
family shall be not less than 550 sq. ft. including the first bedroom with
150 sq. ft. added for each additional bedroom, but said area may be distributed
between two floors.
3. Schools, Colleges and Churches.
4. Boarding and Rooming Houses limited in size to five rooms in
addition to family quarters.
5. Parks, Recreation Buildings, and Clubs, not conducted as a
business operated for profit, and not serving liquor in any form.
6. Private garages and other small accessory buildings for
customary incidental uses.
7. Vacant lots shall'be used for lawns, gardens, tennis courts,
playground, and other recreational facilities only and shall be kept free
of all rubbish or garbage at all times. Provided that other uses of vacant
lots may be permitted by written authority of the Building Inspector, Vdth
the continuing consent of the owners of 80% of the property within 300 feet
of the lot or lots.
8. Buildings shall be so placed that there shall be a front yard
(entirely unoccupied by any building or part thereof) having a depth of not
less than 25 feet; a side yard (entirely unoccupied by any building or part
thereof) on each side of every building. Such side yard shall have a depth of
not less than five feet (51). Provided that the side yard on the street side
line of corner lots shall be not less than ten (10) feet in depth. Provided
further that one side yard.of a one story garage or other small accessory
buildings may be reduced in depth to 5 feet. In blocks where buildings have
already been erected having a front yard less than 25 feet, the depth of the
front yard for any new building may be made equal to the depth of the front
yard nearest adjacent building. Provided that no front yard shall have a
depth of less than 15 feet and provided that the front yard for all buildings
on corner lots shall be not less than 25 feet deep. The intention of these
provisions as to side yards is that there shall be a distance of not less than
10 feet separating main buildings on the lot "width dimension" as"Width
Dimension" is defined in Section I of this Ordinance.
That U. S. Highway. No. 93 from its entrance into Kalispell at the
northwest city limits to its junction with North Main Street shall, for
purposes of set -back regulations, be designated as an avenue; that is, the
lots on each side thereof shall be deemed to front thereon.
9. Each single family residence -or other main building shall have
a total floor area, under roof, of not less than 1000 square feet, 20% of
which may be on a second floor above ground. Each multiple family dwelling
shall have an area of not less than 550 square feet including first bedroom
and 150 square feet additional for each additional bedroom for each family,
which may be distributed on two f1bors above ground.
10. All residence construction shall be of an approved standard
with properly sized timber in the frames spaced for strength and all siding
materials of brick, stone, terra cotta, or other masonry shall be of an accepted
standard and all wood or composition sidings shall also meet the requirements
of accepted standards and in no case shall slabs, tar paper, scrap tin, or
other such unsightly materials be accepted for outside finish on any residence
or building of any type in any residence or business district.
11, Apartment houses and hotels permitted on Lots 7 to 18 inclusive
in Block fifty-eight and on Lots 1 to 6 inclusive in Block fifty-seven. Plans
to be submitted to City Council of Kalispell and by it approved.
No. 2 Residence District.
In the No. 2 Residence District, except as hereinafter provided, -no
building or structure shall be erected or materially altered, nor shall any
building or premises be used exceptfbr one of more of the following uses:
ground.
worship.
nature.
1. Any use permitted in No. 1 Residence District.
2. Apartment Houses, hospitals limited to three stories above
3. Churches and other places used exclusively for religious
4. Libraries and Museums.
5. Institutions of an Educational, Philanthropic, or Eleemosynary
6. Buildings shall be placed to provide the same depths of front
and side yards as are required in No. 1 Residence Districts.
7. Each single family residence and/or other main building shall
have an area of not less than seven hundred (700) square feet on the main
floor. Each multiple family dwelling or apartment shall have an area of not
less than 550 square feet including the first bedroom and 150 ft. added for
each additional bedroom, for each family, which may be distributed on two
floors above ground.
8. The same construction requirements and siding requirements as
set forth in Part 10 of No. 1 Residence District shall apply in No. 2
Residence District.
No. 3 Residence Districts.
In the No. 3 Residence District, except as herein provided, no
building or structure shall be erected or materially altered nor shall any
building or premises be used except for one or more of the following uses:
1. Any use permitted in No. 1 or No. 2 Residence Districts.
2, Apartment Houses or Hotels.
3. Clubs, Hospitals.
4. Each single family dwelling or main building shall have a
main floor area of not less than 550 square feet above ground. Multiple
family dwellings or apartment houses shall have a floor area of not less
than 1100 square feet, which may be distributed between two floors above
ground.
5. Buildings shall be so placed as to provide the same depths
of front and side yards as are required in No. 1 Residenc® District.
6. Small Shops (repair and service).
7. Buildings may be constructed of any size in above requirements
of reasonable design and are built in a workman -like manner and do not create
or tend to create a hazard of life or property.
8. The same construction requirements and siding requirements
as set forth in part 10 of No. 1 Residence Districts shall apply in No. 3
Residence District,
No, 4 Main Business District.
Except as herein provided, no building or structure shall be
erected or materially altered nor shall any building or premises be used
except for one or more of the following uses:
1. Any use permitted in No. 1, No. 2, and No. 3 Residence Districts.
2. Amusement Places.
3. Auction Rooms.
4. Bakeries.
5. Banks
6. Barber shops.
7. Battery Service Stations.
8. Billboards and Signs.
9. Catering Establishments.
10. Comfort Stations.
11. Conservatories.
12. Creameries.
13. Dancing Academies.
14. Dressmaking Establishments.
15. Dyeing and Cleaning Works.
16. Electric Repair Shops.
17. Employment Agencies.
18. Freight Stations or Bus Stations.
19. Gasoline and Oil Stations.
20. Hotels
21. Laundries.
22. Laboratories.
23. Locksmith Shops.
24. Lodge Halls.
25. Mattress Repair Shops
26. Messenger or Telegraph Service Stations
27. Millinery Shops.
28. Offices.
�7
29. Painting and Decorating Shops.
30. Parking Lots.
31. Photograph Galleries.
32. Plumbing Shops.
33. Post Offices.
34. Printing Shops.
35. Public Garages.
36. Recreation Buildings and Structures.
37. Restaurants.
38. Roofing and Plastering Shops.
39. Sales or Show Rooms.
40. Sharpening or Grinding Shops.
11. Stores and Shops for the conduct of Retail Business.
42. Studios.
43. Tailor Shops.
44. Telephone Exchange.
45. Tinsmith Shop.
46, Tire Repairing Shop.
47. Undertaking Establishments.
48. Upholstering Shops.
49. Used Car Lots.
50. Any business use similar to or .connected with any use above
particularly specified.
In the construction of any building in the Main Business District
satisfactory facilities must be provided for loading and unloading stocks of
merchandise, etc., at the rear entrance.
In the main business.district, on Main Street, First Avenue East,
First Avenue West, Second Avenue West, and fronting on Railroad Street, First
Street, Second Street, third Street, Fourth Street and Fifth Street, bounded
on the East by the alley East of First Avenue East and bounded on the West by
the first alley west of Second Avenue West, buildings may be built to the
street -lot line.
Fire district regulations must be complied with in all construction.
No. 5 Business -Residence District.
In the Business -Residence District No. 5, no building structure
shall be erected or materially altered, nor shall any building or premises
be used except for one or more of the following uses:
1. Any use permitted in the Main Business District, except that no
liquor, beer, or intoxicating beverage.of any kind shall be sold.or served in
any business place nor shall any dance hall be allowed.
2. All buildings shall be so placed that there shall be a front yard
having.a depth of not less than twenty-five (25) feet.on an avenue side and a
side ,yard of not less than ten (10) feet on the street side of corner lots, and
a depth of not less than five (5) feet on the inside; on inside lots there
shall be a side yard on each side of every building, such side yard to have a
depth of not less than five (5) feet. Such yards, front and side, shall be
entirely unoccupied by any structure or. building. Except on North Main Street
from the railroad tracks to Oregon Street the buildings may be built to the
Main Street property line. .
3. Tourist Camps and Auto Courts; provided, that before permit may
be issued for a Tourist, Auto Camp or Cottage Court, plans and specifications
showing the extent and proposed general arrangement of such camp or court, or
either, with special reference to provisions for maintaining such camp or
court, or either, in a clean and sanitary -condition and for the prevention of
congestion and overcrowding, shall be submitted to the City Council and by such
Council approved.
4. Front and side yard requirements shall not apply to -buildings in
Tourist Camps and Auto Courts where plans and specifications for such camps
and courts have been submitted to the City Council and by it approved.
5. All business operations in this district shall be conducted
wholly within buildings, provided that no businesses or business operations
shall be excluded wherein the serving of the publicout of doors is a necessary
and accepted practice. No businesses or business operations shall be permitted
which create excessive noises disturbing to the public, or which will involve
or result in any unsightly storage of material,,equipment or anything else on
the property on which such business is to be conducted, -or which will involve or
result in the use of loud -speakers as an advertising media.
n
79
No. 6 Industrial District.
The Industrial District is created to provide a District for use
for any manufacturing process, business or treatment whatsoever and no such
use shall be excluded therefrom which does not create or tend to create a
public nuisance and/or an undue hazard to life and/or property. It shall be
the duty of the Building Inspector to determine if any use or proposed use
does or will tend to create such a public nuisance and/or hazard. Any
spplicant or any other interested person may appeal to the Board of Adjustment
as to any use or proposed use, and the Board of Adjustment eh&ll finally
decide the appeal after Public Hearing thereon. Provided reasonable notice
of such hearing has been given by suitable publication. Wood may be stored
on any unoccupied property in this area.
No use permitted in any Residence District or Business District
shall be excluded from the Industrial District. No building or premises shall
be used and no building or structure shall be erected, enlarged or altered in
any manner whatsoever for any trade, industry, or use not approved as herein
provided.
No. 6 A Restricted Industrial District.
6-A shall be the same as No. 6 Industrial District, except all
future construction shall be of Fire Proof Construction as required in the
Inner Fire Zone, but it is not within the Inner Fire Zone.
Section 3. All ordinances and parts of ordinance in conflict
hezewith are hereby repealed.
Section 4. An urgency and emergency is declared to and does exist.
Section 5. This ordinance shall be in full force and effect from
and after its passage and approved.
PASSED by the City Council of the City of Kalispell, Montana,
this 12th day of July, 1954.
APPROVED by the Mayor of the City of Kalispell, Montana,
this 12th day of July, 1954.
D. M. McBride
Mayor
ATTEST H. J. Hunt
City Clerk
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby
certify that on the 13th day of July, 1954, I posted a copy of the foregoing
ordinance in my office and the same remained posted for a period of five days
and the foregoing is a true and correct copy of the ordinance as passed by
the City Council.
Ai,j�/�{�l �-
I
City Clerk of the City of Kalispell, Montana