Ordinance 500 - Zoning Ordinance438
r,RIJ,, PIC= "0. 500
.,N ORIIITT3N"E .^,L„SSI77ING, REGULATING ,,ND RESTRICTLNG
THE .00ATIO_TT OF ' R;,FFS AND INDTTSTRIES '7n ,f T.001iTION
OF ?711,DING `:E''IGN-`7D FC? "PFCIFIED USES: 'IEGTTJzTION
AI,r; r rn'TTT" THE HEIGHT AND BULK OF BITILDTNi FF' F7- ITFR
ERECTED OR ALTERED: REMILATIT:TG AND LIT:TITITTG TT?F INTENSITY
OF THE USE OF LOT AREAS, AND iFGTTLATING AT'?D DETsRT'=1iTG
THE iiR2, OF YARDS,, COURTS, AND OTHER OPEN SPACES ?.7ITHIU
AND S7.UM7 TDII'G SUCH BUILDING; ESTABLISTIINC THE BOUND-
ARIES OR DISTRICTS FOR THE SAID PURPOSES: AND "RESCRTBING
PENALTIES FOR 'THE VIOLATZNC OF ITS PROVISIONS: AND 9F-
PEALING ALL PREVIOUS ORDITTANCFS IN CC!MTCT T7'7,7ITH OF
THE CITY OF FYLISPELL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YALISPFLL:
SECTION I. ---Short Title ---Definitions
S.FioRT TITI:E: This ordinance may be referred to as "The Zoning Ordinance:
For the purposes of this ordinance, certain terms and words are defined as
follows:
Words used in the present tense include the future; words in the singular
number include the plural number, and words in the plural number include the
singular number; the masculine gender includes the f6mirine and neuter genders;
and the ward "building" includes the word "structure" and the word "Lot"
includes the words "plot" and "parcel"; "signature" includes mark when the
person cannot write. The word "'person" includes associations, partnerships,
corporations, societies, religious, educational, and fraternal orEanizations.
Accessory Building: A subordinate building or portion of the main
building which is located on the lot occupied by the main building, and the
use of which is clearly incidental to the use of the main building.
,_Lley: A public thoroughfare not more than twenty feet (20') wide,
except if and when otherwise officially platted and designated an alley.
Block: The property fronting on one side of any street, avenue, or
boulevard between the t,,vo nearest of any of the following; intersecting
such street, avenue, or boulevard, to -wit: street, avenue, boulevard, park,
waterway, railroad right-of-way.
7oarding House: A building or premises where meals are eerved for
compensation for five or more persons but not exceeding twenty (20).
Building: A building is a structure made for the use or convenience,
and designated for habitation of men, the shelter of animals or the storage
of property, and includes shed, garage, stable, barn, greenhouse, or other
accessory structure.
S?CTIOiT II. ---Classification and Uses
Classification of Tlse Districts shall be as follows:
No.
1 -
3esidence
District
'To.
4
- lain Business Districts
No.
2.-
3esidence
Districts
No.
5
- Business - "'esidence Districts
No.
3 -
Residence
Districts
No.
6
- Industrial Districts
(a) The use permitted in Class No. 1 Residence District shall be the highest,
and the use permitted in the Industrial District shall be lowest.
(b) Corner Lot: A lot situated at the junction of and fronting on two or
more streets, and having a width not greater than fifty (50) feet. Its width
dimension is its "front," and its depth dimension its "side," for the purpose
of this ordinance. Where there is doubt or dispute on this point the decision
of the Building Inspector shall control.
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(c) Depth of 7ront Yevd: The.main horizontal distance between the
front building line, at ground level, and the front lot line, (open
steps from building not included).
(d) Side Yard: The distance from the outside of the side wall of
a building to the side property line, on the "width" dimension of
the lot as above defined.
(e) Districts: A section of the City of"alispell for which the
regulations governing the height, the area, or the use of buildings
' under this ordinance nd premises are the same.
(f) Family: Any number of individuals living and cooking together
on the premises as a single housekeeping unit.
(g) Height of Building: The highest vertical distance measured
from the average street level at any bounding wall of a building.
(h) Height of Court Yard: The vertical distance from the lowest
level of such court or yard. to the highest point of a bounding wall.
(i) Hotel: d building or premises where lodging is provided, with
or without meals for more than twenty (20) persons.
(j) Interior or Inside Lot: _ lot other than a corner lot.
(k) Lodging "ouse: A building or premises where lodging is provided
for compensation for five or more persons but not exceeding twenty
(20) persons.
(1) Lot: Land fifty feet (501) or over in frontage, except business
lots in District ''o. 5, occupied or to be occupied by one building
and accessory buildings and uses and including open spaces required
under this ordinance, tI Lot may be land shown as such on the
' Records of the County Clerk and ?ecorder of Flathead County, ,?ontana.
Two 'Twenty-five foot (25') lots, if so surveyed, shall constitute
one lot for residence purposes.
(m) Lot Lines: The lines bounding a lot as a lot is defined herein.
(n) Non -conforming T?se: A use of a building or premises that does
not conform with the regulations of the use district in which it is
situated.
(o) ^ublic Garage: Any garage not included within the definition
of private garage.
(p) Private Garage: _w private garage is one which is necessary to
a building used for private residential purposes, single family,
multiple family, or apartment, as those terms are used and defined
in this Ordinance. If it is a single family dwelling the garage
may have a capacity of not more than three cars. If it is a multiple
family $#�# dwelling for more than three families, or an apart-
ment house, it may have a sarage of not more than one car capacity
for each family. `a business of any kind or character shall be
bonducted or carried or in a private garage.
(q) Side Yard: An open unoccunied space on the same lot with a
building, between the building and the other side line of the lot,
extending through from the front building line to the rear yard,
or to the rear line of the lot where no rear yard is required.
(r) Single ?amily Dwelling,: A det.ched building having accommo-
dations for and occupied by one family.
(a) Multiple 'Family Dwelling: A building of not more than four.
(4) units under one roof, having two or more separate single roo-ns
or sets of rooms or apartments for human occupation, er:ch set having
a separate entrance from the street or from the grounds on which the
building is erected; and each separate living unit to be complete in
44-(1
itself, with separate cooking equipment, bath and toilet facilities.
(t) Apartment _:Ouse: A building under one roof but divided into
separate living accomaodations of one or more rooms for human
occupation; access to any such apartment being from a hall or
corridor for the common use of two or more tenants, and the building
having one or more entrances from the street or grounds for the
common use of two or more, or all tenants of the apartments, each
apartment to be complete in itself with cooking equipment and bath-
room and toilet facilities.
(u) Auto Court: An "Auto Court" is any multiple dwelling or group of
dwellings other than Bungalow Courts or Cottage Courts, hotel or apartment
houses, which is designated and, or intended for temporary occupancy from day
to day by transients, and at a daily or weekly rate. Auto Court as here
defined includes Auto Camp and Tourist Camp.
(v) Cottage Court: A Cottage court, ( as distinguished from an "Auto Court,"
"Auto Camp," or "Tourist Camp"), is a group of separate one -family or two or
more family units designated and intended for permanent tenants at a weekly,
monthly or yearly rental. Where permitted, such Cottage Court single-family
dwellings, and two or more family units in such Cottage Courts shall be sub-
ject to the same floor area requirements as for multiple family dwellings in
the same district.
(w) Where other definitions are necessary resort may be had to the current
issue Uniform Building Code of the Pacific Coast Building Officials' Confer-
ence and Building Code or Ordinance of the City of Kalispell. In all cases
of doubt or dispute arising under this Ordinance, the decision of the Building
Inspector of the City of Kalispell shall control, subject to appeal to the
Board of Adjustment.
(x) Building Inspector: A building inspector shall be a person appointed
by the Mayor and City Council for the purpose of inspecting all construction
in the City of Kalispell and requiring that it meet the standards as set forth
in the Zoning Ordinance and he shall be qualified by education and experience
and a knowledge of building and construction to pass judgment on the quality
of materials and workmanship in all the various branches of building and
construction.
SECTION III. --- Use Regulations.
Use Districts: For the purpose of clas-ifying, regulating and restricting
the location.of trades and industries and the location of buildings designated
for specific uses, the City of Kalispell is hereby divided into six classes
of Use Districts:
1. Residence Districts. 4. Main Business Districts.
2. Residence Districts. 5. Business -Residence Districts.
3. Residence Districts. 6. Industrial District.
As shown in the Use District Map on file in the office of the City Clerk,
marked "Use District Map, Zoning Ordinance," and expressly made a part of this
Ordinance, and Use Districts are hereby created in the City of Kalispell,
Montana, as the same are designated on the said Use District Map. No building
shall be created, altered, or used, and no premises shall be used for any
purpose except in conformity with all the regulations herein prescribed for
the Use District in which such buildings or premises are located.
SECTION IV.--- Not Retroactive in Effect.
It is not the purpose or intent of this Ordinance to undertake a widespread
or radical correction of undesirable conditions resulting from lack of regulation
and control in the past, but to prevent subsequent development of such condi-
tions, Hence, this Ordinance is to be construed in its provisions as prospective
only and buildings and premises in non -permitted use at the time this Zoning
Ordinance takes effect and that have been in such use are not affected by the
use provisions of this Ordinance; provided, that when any buildings or premises
in such non -permitted use cease to be so used or is vacated or closed for a
period of ninety (90) days continusously, they shall not again be so used and
shall be subject to all applicable provisions of this Ordinance.
SECTION V. --- Division into Districts.
For the purpose of regulating, classifying and restricting the location
441
of trades, industries, enterprises, etc., and the location of buildings
designed, erected or altered for specified uses, and limiting the height and
size of such buildings and the use of lot areas and determining the area^ of
yards and open spaces surrounding buildings hereafter erected, and preventing
additions to, and alterations or remodeling of, existing buildings or structures
with the intent or effect of avoiding the restrictions and limitations of this
Ordinance contained, the City of Kalispell is hereby divided into Districts as
follows, to -wit:
' SECTION VI. --- Boundaries of Districts.
The boundaries of the various Use Districts and the areas included therein
are shown by the Plat or A4ap referred to in Section III of this Ordinance, and
such Districts shall comprise the City Blocks and portions of Blocks as here-
inafter d®signated by number.
No. 1 Residence District.
No. 1 Residence District shall include the following numbered Blocks or
portions of Blocks, to -wit:
East half of thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-
three, east half of forty-four, east half of fifty-seven, fifty-eight, fifty-nine
sixty, sixty-one, sixty-two, sixty-three, east half of sixty-four, east half of
seventy-seven, seventy-eight, seventy-nine, eighty, eighty-one, eighty-two,
eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eighty-eight,
eighty-nine, ninejy, ninety-one, ninety-two, ninety-three, ninety-four, ninety-
five, ninety-six, ninety-seven, ninety-eight, ninety-nine, one hundred, 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 nine,
east half of one hundred ten, one hundred eleven, one hundred twelve, one hundred
thirteen, one hundred fourteen, one hundred fifteen, one hundred sixteen, one
hundred seventeen, one hundred eighteen, one hundred nineteen, one hundred twenty,
one hundred ninety-one, one hundred ninety-two, one hundred ninety-three, one
hundred ninety-four, one hundred ninety-five, one hundred ninety-six, one hundred
ninety-seven, one hundred ninety-eight, one hundred ninety-nine, two hundred,
two hundred one, two hundred two, two hundred three, two hundred four, two hundred
five; Lots 7 to 11 inclusive of Block five, and Lots 2 to 8 inclusive of Block
six of Fisher's Addition; the area east of Woodland Avenue to the brow of the
hill and south of Second Street.
No. 2 Residence Districts.
No. 2 Residence Districts ahll consist of three parts of areas as follows:
a. One, except Lots 6,and 7; Two, excepts Lots 6 and 7; Three, except Lots
6 and 7; east half of Five, except Lots 11 and 12, Two Hundred Twenty; two
hundred twenty-one; two hundred twenty-two; two hundred twenty-three; two hun-
dred twenty-four; two hundred twenty-five; two hundred twenty-six; two hundred
twenty-seven; two hundred twenty-eight; two hundred twenty-nine; two hundred thirt
two hundred thirty-one, except Lots 7, 8 and 9; east half of two hundred thirty-
two; two hundred thirtypthree; the unplatted area north of 6alifornia Street and
east of Third Avenue East North; the following Lots and Blocks in Duncan's
Addition, Blocks two, three, four, five, six, seven, eight, nine, ten, eleven,
Blocks B, C. E, and the unplatted area south of Blocks ten, and eleven, and north
of Idaho Street except the south fifty feet (501) adjoining Idaho Street.
b. West half of forty-eight, forty-nine, fifty, fifty-one, fifty-two, west
' half of fifty-three, west half of sixty-eight, sixty-nine, seventy, seventy-one,
seventy-two, seventy-three, west half of seventy-four, one hundred sixty, east
half of one hundred sixty-one, east half of one hundred sixty-six, one hundred
sixty-seven, one hundred sixty-eight, east half of one hundred sixty-nine, east
half of one hundred seventy-five, one hundred seventy-six,
c. One hundred twenty-one, one hundred twenty-two, one hundred twenty-three,
one hundred twenty-four, one hundred twenty-five, one hundred twentytisix, one
hundred twenty-seven, east half of one hundred twenty-eight, east half of one
hundred thirty, one hundred thirty-one, one hundred thirty-two, one hundred thirty-
three, one hundred thirty-four, one hundred thirty-five, one hundred thirty-six,
one hundred thirty-seven, one hundred thirty-eight, one hundred thirty-nine, one
hundred forty, one hundred forty-one, one hundred forty-two, one hundred forty-
three, one hundred forty-four, east half of one hundred forty-five, two hundred
six, two hundred seven, vao eight, west half of two hundred nine, west
half of two hundred ten, two hundred eleven, Vr;o hundred twelve, two hundred thir-
teen, two hundred fourteen, two hundred fifteen, two hundred sixteen, two hundred
7770
seventeen, east half of two hundred eighteen, two hundred forty-two, two hundred
forty-three, west half of two hundred forty-four, west half of two hundred forty-eight,
two hundred forty-nine, two hundred fifty, two hundred fifty-one, two hundred fifty-two,
two hundred fifty-three, two hundred fifty-four, two hundred fifty-five, the unplatted
area east of Second Avenue East and South of Thirteenth Street.
No. 3 Residence Districts
No. 3 Residence Districts ahll consist of three parts or areas as follows:
a. west half of six, except Lots 13 and 14; seven, except Lots 11, 12, and
tan •
13, eight, except Lots 6 and 7; nine, except Lots 6 and 7; , exae At Lots 6 and
7; eleven, except Lots 1 and 12; twelve, except Lots land 12; thirteen, except
Lots 1 and 12; fourteen, except Lots 1, 2, and 18; west half of fifteen, except
Lots 23 and 24; east half of sixteen, except 1 and 2; seventeen, except Lots 1,
17, and 18; eighteen, except Lots 1 and 12; nineteen, except Lots 1 and 12; twenty,
except Lots 1 and 12; one hundred forty-seven, except Lots 6 and 7; one hundred
forty-eight, except Lots 6 and 8; east half of one hundred fifty, extent Lot 1;
one hundred fifty-one, except Lots 1 and 12; one hundred fifty-two, except Lots
1 and 12; two hundred thirty-six, except Lot 1; west half of two hundred thirty-
eight; two hundred thirty-nine, two hundred forty; and west half of two hundred
fortry-one.
b. West half of one hundred ten, west half of one hundred twenty-eight
one hundred twenty-nine, west half of one hundred thirty, west half of one hundred
forty-five, one hundred forty-six, west half of one hundred sixty-one, one hundred
sixty-two, one hundred d xty-three, one hundred sixty-four, one hundred sixty-five,
west half of one hundred sixty-six, west half of one hundred sixty-nine, one
hundred seventy, one hundred seventy-one, one hundred seventyftwo, one hundred
seventy-three, one hundred seventy-four, one hundred seventy-five, one hundred seventy-
seven, one hundred seventy-eight, one hundred seventy-nine, one hundred eighty, one
hundred eighty-one, one hundred eighty-two, one hundred eighty-three, one hundred
eighty-four, one hundred eighty-five, one hundred eighty-six, one hundred eighty-seven,
one hundred eighty-eight, one hundred eighty-nine, one hundred ninety, west half of
two hundred eighteen, two hundred nineteen,
the following Blocks in Fisher's Addition to Kalispell: two, three, four, west
half of five, eight, nine, ten, eleven, thirteen, fourteen, fifteen, sixteen, '
seventeen, eighteen, nineteen, and twenty,
the following Blocks in High School addition: four, five, six, seven, eight, nine,
ten, fourteen, fifteen, and sixteen.
c. East half of two hundred nine, east half of two hundred ten, east half of
two hundred forty-four, two hundred forty-five, two hundred forty-six, two hundred
forty-seven, east half of two hundred forty-eight, two hundred fifty-six, two
hundred fifty-seven, two hundred fifty-eight, two hundred fifty-nine, two hundred
sixty, two hundred sixty-one, two hundred sixty-two, and two hundred sixty-three.
No. 4. Bud ness Districts
::o. 4 Business Districts shall embrace the following City Clocks or parts
thereof as numbered to -wit:
East half of thirty-three, thirty-four, thirty-five, thirty-six, west hslf.of
thirty-seven, west half of forty-four, forty-five, forty-six, forty-seven, east
half of forty-eight, east half of fifty-three; fifty-four, fifty five, fifty-six,
west half of fifty-seven, west half of sixty-four,, sixty-five, sixty-six, sixty-
seven, east half of sixty-eight, east half of seventy-four, seventy-five, seventy-
six, west half of seventy-seven.
No. 5 Business-- Residence Districts
No. 5 Business --Residence Districts consist of two parts or areas, 5--A 1
and 5--B, and include the following numbered Blocks or portions thereof, to -wit:
No. 5-A Business --Residence Districts: Lots 7 and 6 in Block one; Lots 6
and 7 in two; Lots 6 and 7 in three; Lots 6, 7, and 8 in four; Lots 11 to 24
inclusive in five; Lots 1 to 14 inclusive in six; Lots 11, 12, 13 in seven; Lots
6 and 7 in eight; Lots 6 and 7 in nine; Lots 6 and 7 in ten; Lots 1 and 12 in
eleven; Lots 1 and 12 in twelve; Lots 1 and 12 in thirteen; Lots 1, 2, and 18 in
fourteen; Lots 1 to 12, and 23 and 24 in fifteen, Lots 1 and 2, and 13 U 24 inclusive
44`
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4-4 5
in sixteen; Lots 1, 17, and 18 in seventeen; Lots 1 and 12 in eighteen;
Lots 1 and 12 in nineteen; Lots 1 and 12 in twenty; Lots 13 to 24 inclu-
sive in twenty-five; Lots 1 to 12 inclusive in twenty-six; Lots 7, 8,
and 9 in two hundred thirty-one; west half of two hundred thirty-two;
east half of two hundred thirty-eight; east half of two hundred forty-one.
T?o. 5-B Business---'esidence Districts: Lots 6 and 7 of one hundred
forty-seven; Lots 6 and 8 of one hundred forty-eight; Tot 1 of one hundred
£i'ty; Lots 1 and 12 of one hundred fifty-one; Lots 1 and 12 of one hundred
fifty-two; west half of two hundred thirty-four; two hundred thirty-five;
' Lot 1 of two hundred thirty-six; two hundred tt.irty-seven; the unplatted
area south of Idaho Street :Ea-t and north of "ontana Street East and east
of e'ifth -venue Last; also the south fifty feet (50'� of the unplatted
area lieing south of Blocks ten and eleven of Duncan's :.ddition and north
of Idaho Street.
'To. 6 Industrial istricts
No. 6 Industrial 'istrict shall consist of the fo1'_owing City Blocks
or parts thereof as numbered, to -wit:
?locks twenty -tyro, tvrenty-three, twenty-four, east half of twenty-
five, west half of twenty-six, twenty-seven, treEty-eight, twenty-nine,
thirty, thirty-one, thirty -tyro, °rsest half of thirty-three, eaet half of
thirty-seven, west half of thirty-eight, one hundred fifty-three, one
hundred fifty-four, one hundred fifty-five, one hundred fifty-six, one
hundred fifty-seven, one hundred fifty-eight, one hundred fift;-nine;
all of the area bordered by 3ailroad Street on the south, by 3ailroad
Street ,,orth on the north, 'c Eighth Yvenue .est on the west, and by
Fifth revenue mast North on the ea t; also t:_e unplatted area east of
?ifth avenue East North, south of'?c::tana Street, and north of Railroad
Street ;;orth.
SECTION VII. ---Restrictions 'ithin 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 rremises be used, except for one or more of th- following
uses;
1. Single family dwellin1,s.
2. Multiple family dvrelli_,s, provided that the area for each family shall
be not less than b50 se. ft. including the first bedroom with 150 so. ft.
added for each additional bedroom, but said area may be distributed between
two floors.
3 Schools, Oolleges, and Churches.
T. Boarding and Rooming Houses limited in size to five rooms in addition
To family quarters.
5. Parks, Recr ation Buildings, and Clubs Not conducted as a business
operated for profit, and not serving liquar in any form.
6. Private garages and other small accessory buildings for customary
incidental uses.
9. Vacant lots shall be used for lawns, gardens, tennis courts, play-
ground, 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 Inspect-
or, with the continuing consent of the owners of EOo 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 le'=s
' 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 buildin=,s may be reduced in depth to 5 feet. In
blocks where buildin-_s 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
and provided that the front yard for all buildings on corner lots shall
44
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 fe;t separating
main buildings on the lot "width dimension" as "Width Dimension" is defined
in Section I of this Ordinance.
S. Each single family residence or other main building shall have a total
floor area, under roof, of not less than 1000 square feet, 20j0 of which may
be on a second floor above ground. 7ach 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 b�=droom for each family,
which may be distributed on two floors 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 stood 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 12 inclusive in
Block fifty-eight and on Lots 1 to 6 inclusive in Block fifty-seven. clans
to be submitted to City Council of Falispell and by it approved.
SUBSECTION VII. A ---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 except for one or more of the following
uses:
1. Any use permitted in 7o. 1 'Residence District.
2. Apartment Houses, hospitals limited to three stories above ground.
3. Churches and other places used exclusively for religious worship.
4. Libraries and Museums.
5. Tnstitutions of an educational, Philanthropic, or Eleemosynary nature.
6. Buildings shall be placed to provide the same depths of front and side
yards as are required in 'To. 1-lesidence Districts.
Each single family residence and / or other main building shall have an
area of not less than sever. hundred (700) square feet on the main floor.
Each multiple family dwelling or apartment shall have an area of not less
than 55C square feet including the first bedroom and 150 ft. added for each
additional bedroom, for e.ch family, which may be distributed on two floors
above ground.
E. The same construction requirements and siding requirements ae; set forth
in part 10 of No. 1 Residence District shall apply in No. 2 Residence
District.
STTBSECTTON VII. 3 ---No. 3 Residence District.
In the A;o. 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
used:
1. any use permitted in No. 1 or No. 2 Residence Districts.
2. apartment 'louses or Hotels.
3. Clubs, Eospitals.
4. Each single family dwelling or main building shall have a main floor
area of not less than 55C square feet above ground.—ultiole family
dwellings or apartment houses shall have a floor area of not Bess 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 'esidence 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.
6. The same construction requirements and siding requirements as set
forth in part 10 of No. 1 Residence Districts shall apply in 'lo. 3
Residence District.
S79SECTION VIT_. C ---No. 4 77ain Business District.
Except as herein provided, no building or structure shall be
erected or materially altered nor shall any building or premises be
used excer:t for one or more of the following uses:
1. _ny use permitted in =do. 1, No. 2, and No. 3 ,esidence Districts.
2. ;amusement Places.
4417
3. auction 'ooms.
4. Bakeries.
5. Banks.
6. Barber Shops.
7. Battery Service Stations.
8. Billboards and Signs.
9. Catering Establishments.
10. Comfort Stations.
11. Conservtories.
12. Creameries.
' 13. Dancing Academies.
14. Dressmaking Establisi:ments.
15. Dyeing and Cleaning ',orks.
16. Electric Repair Shops.
17. 7mployruent-gencies.
].E, Freight Station: or Bus Stations
1F. Gasoline and Oil Stations.
20. Ectels.
21. Laundries.
22. Laboratories.
23. Locksmith Shops.
24. Lodge halls.
25. "attress -repair Shops.
26. T'essenger or Tele€raph Service Stations.
27. illinery Shops.
28. Offices.
2S. Tainting and Decorating Shops.
N . Parking Lots.
Zl. Photograph Galleries.
..2.-lumbir.; Shops.
33. ''ost Offices.
71. Printing Shops.
35. Public Garages.
36. Recreation Buildings and Structures.
37. Restaurants.
' 38. Roofing and ^lastering Shops.
3`. Sales or Show Rooms.
40. Sharpening or Grinding Shops.
41. 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 Rhops.
49. Used Car Lots.
50. any business use similar to or connected with any use abors
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 1.uin Street, 'First Avenue
Last, First avenue ':.est, r>econd avenue "est, and fronting on
Railroad Streot, First Street, Second Street, Third Street, Fourth
Street and Fifth Street, bounded on the East by the all.ey East of
First avenue East and bounded on the 'Rest by the first Alley west
of Second _.venue ;est., buildings may be built to the street -lot
line.
' 'ire district regulations must be comnlied vrith in all
construction.
A.
STTBFECTIOPd 711. D. --- No. 5-I, Business -Residence District.
In the Business -Residence District "o. 5-A, no building
structure shall be erected or materia'ly altered, nor shall any
building or premises be used extent for one or more of the f
following uses:
1. kny use permitted in the ?:gain 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. :11 buildings shall be so placed that there shall, be a
front yard having a depth of not less than twenty-five feet
(25) on avenue side and a side yard of not less than ten (10)
feet on the street side of corner lots. Such yards, front
and side, shall be entirely un-occuried by any structure or
building. Except on North Frain Street from the railroad trucks
to Oregon Street the buildings may be built to the Main stre•-t
property line.
375SECTION 'II. E.---°To. 5= Business -Residence District.
In Business -Residence District No. 5-9, no building or structure
shall be erected or materially altered, nor shall any building or
premises be used, e,.cent for one or .more of the following uses:
1. i�ny use permitted in Business -Residence District 'To. 5-d.
2. Tourist Camps and :auto Courts: provided, that before permit may
be issued for a Tourist, luto Camp or CottaFe Court, plans and
specifications showing the extent and proposed general arraggement
of such camp or court, or either, with special referen::e 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 17ouncil and by such Council approved.
3. Front and side yard requirements same as in Business-3esidence
^istrict Tao. 5-a, but this requirement .'call not apply to buildings in
Tourist Camps and Luto Courts where plans and specifications for such
camps and courts have been submitted to the City Council and by it
approved, as required by sub-fivision (2) above.
STTnSECTICN "II. F. ---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 th:;refrcm which does not create or tend
to create a public nuisance and / or an un':ue 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. ,iny applicant or any other interested
person_ may appeal to the-oar�[ of -djustment as to any use or proposed
use, and the Board of .adjustment shall finally decide the appeal after
°ublic Fearing thereon. T'rovided reasonable notice of such hearing
ha,1;e.;:n given by suitable publication. Mood may be stored onany
unoccupied property in this area.
do use permitted in any lesidence 'istrict or Eusineos Tistrict
shall be excluded. from the Industrial ''istrict. r'o building or
premises shall be used and no buildinT or structure shall be erected,
enlarged or altered in any manner whatsoever for any trar'e, industry,
or use not approved as herein provided.
_CTI -Ilr --- provisions affectinc LL,11 Districts.
',!here there is an existing building Having a front, or side yard
smaller than is permitted for new buildings under this Ordinance, such '
front, or side yard nay not be further reduced; nor where there is an
existing building having front, or :ide yard, larger than required by
this Ordinance, may each front, or side yard, be reduced below that is
recuired by this Ordinance for a new building of like character.
"here the erection of any purposed new builuing will have the effect of
reducing any front, or sid:_ ,yard, of any existing building below, crhat
is required by this Ordinance for a new building, permit of such new
building shall be denied. ".:here it appears to be the satisfaction of
the permit issuing authority that tt;e erection of any new buildin, will
449
have the effect of nullifying or evading by any means or device
whatsoever any part or provisions of this ordinance, permit for
such new building shall be denied subject to ap eal of the _id-
justment Board by the denied applicant. Existing businesses
in any residence district may be allowed to expand, maintain, or
remodel their ezistinpstructures in order to protect their
investment, providing that they observe pare€rash C in llesidence
District No. 1 restrictions, by submitting plans and specifica-
tions for the proposed caanges to the City Council of Kalispell
'
and by it approved.
SECTION IX. - Board of Adjustment, Membership, Meetings, appeals, etc.
Creation and Membership: The Board of Adjustment is hereby authorized
to be established. The word "Board" when used in this Section shall
be construed to mean the Board of "djustment. "he said Board shall
consist of five (5) members appointed by the Mayor and subject to
confirmation of the City Council. Each of said members shall be appoint-
ed to hold office for a period of three years and until his successor
is appointed and qualified. Any vacancy shall be filled by appoint-
ment by the Mayor, subject to confirmation by the City Oouncil, and
shall be for the unexpired term of the retired member. ..11 of the
members of said Board shall serve without compensation, and they shall
not be $ubject to removal by either the Mayor or City Council without
cause, (written charges and public hearing being required).
MEETINGS: Meetings of the Board shall be held at the call of the
chairman and at such other times as the Board may determine. Such
Chairman or in his absence the Acting Chairman may administer oaths
and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. '?he Board shall_ adopt its own rules of
procedure and keep a record of its procedures showing the action of
the Board and the vote of each member, upon each question considered,
or if absent or failing to vote, indicating such fact.
APPEAL: Appeal from the rules of the Building Insnector concerning
the enforcement of the provisions of this Ordinance may be made to
the Boara. of Adjustment within such time as will be prescribed by
the Board by meneral r^:le. The appellant shall file with the
`uilding Insnector and vitll the hoard of Adjl_tstment a notice of
appeal srecifyins� the ground= thereof. The Building Inspector shale
forti-74th transmit to the 'card all papers constituting the record
upon which the action ar •eale,^. fro-i was taken. _.n apt;eal stays all
rroceedings in furtherance of setion appealed from unless the officer
I rom whom the appeal is taken certifies to the Boarr of Adjustment
%S'ter the notice of apr_e::l hal have been filed with him that by
:•eason of facts states. in the certificate a stay would be it his
opinion cause imminent peril to life or property. in such case
Proceedings shall not be stayed other;?ise than for a restraininp,
orCer which may be granted by the Board of Adjustment or by a Court
of Record on application or notice to the officer from whom the
appeal is taksr and on due cause shown.
"E'CTIOF %.--- Jurisdiction.
1. The Board shall, upon application, review the actions of the
Building Inspector in order to determine whether they are in accord-
unce with the provisions of this �r`inance, and in case of disagree-
ment the decision of the 3oard shall s persede that of the Building
Inspector. The concurring vote of four members of the Board shall
' be necessary to reverse any order, requirement, dicision or to decide
in favor of the applicant on any "tatter upon which it is required
to pass under this Ordinance or effect an,, variations in this Ordinance
The Board of -djustment shall have the following powers:
a. --To hear and decide appeals where it is alleged that there is
error in order, r_quirement, decision or determination made by and
administrative official .
b. --To hear and decide special exceptions to the terms of this
Ordinance.
c. --To authorize upon appeal in specific cases such variance from
the terms of this Ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement
of the provisions of this Crdinance will result in unnecessary hard-
ship, and so that tee spirit of this Ordinance shall be observed and
450
substantial justice done.
In exercising the above mentioned powers, such Board may in conform-
ity with the provisions of this Ordinance reverse or affirm wholly, or
partly, or -modify, the order, requirement, decision, or determination
appealed. from and may make such order, requirement, decision or determin-
ation as ought to be made, and to that end shall have all the powers of
the officer from whom the appeal is taken.
1. The Board shall have the right and authority to recommend to the City
Council such changes in the District boundaries or regulations as it may
deem necessary or desirable, or more particularly set forth it Section
of this Ordinance.
2. The Beard may from time to time adopt such rules and regulations as
may be deemed necessary to :tarry into effect the provisions of this
Ordinance.
3. The Board shall recommend to the City Council the use, height and
area districts in which each part of any annexation to the City of
Kalispell shall be placed.
SECTION Xl. ---Changes and Amendments.
The Board of Adjustment shall of its own motion, or upon petition
signed by one or more property owners of any district or portion thereof,
or upon instruction from the City Council, cause to be prepared a notice
indicating the changes proposed to be made in t1_e regulations or in the
district boundary lines, describing the boundaries of the territory to
be effected. Such notice shall state the time and place of a public hear-
ing for consideration of such purposed amendment, supplement, or change
and the place where maps of the proposed amendment, supplement or change
will be accessible for examination by interested parties. Notice of such
public hearing shall be published at least 15 days in advance in at least
cne daily newspaper of general circulation in the City of Kalispell. Such
hearing may be adjourned from time to time. _zfter such public hearing the
Board of Appeals shall report to the City Council on the proposed amend-
ment, supplement, or change, and may cause an or'inance authorizing such
proposes. amendment, supplement, or change to be presented to the City
Council of the City of Kalispell, but the same shall not be offered for
passage until after 10 days from and after the date it is so presented to
the City Council unless the said ordinance at the time it is so presented
s`;all be accompanied by a communication from the said Board of adjustment,
advisir7 that all the owners of the frontage proposed tc be altered; the
owners of frontage in the block back of or across the alley therefrom;
ad the owners of the frontage directl+ opposite the frontage proposed to
be altered, have filed with said Board their written consent to such amend-
ment, in which case the said amendment may be presented for passage at any
regular meeting of the City Council subsequent to the date of its presentation
or at the same meeting at which it was presented by unanimous consent to
suspend the rules, but the same shall be passed ex_cent by the favorable vote
of two-thirds of the members of the City Council.. 'i'henever under the terms
of this Ordinance any proposed amendment shall be required to lay over for
1C (days after it ii presented and a writ -en protest against such proposed
amendment, supplement, or change, signed by the owners of twenty per cent of
the f r:rtage proposed to be altered, or by the owners of 20% of the frontage
immediately adjoining in the same block or in the block back of or across the
alley therefrom, or by the owners of 20% of the frontage directly opposite
the frontage proposed to be altered, shall have been filed with the Clerk of
the Council of the City of Kalispell within 10 days after the said Ordinance
is presented, the ordinance providing for such proposed amendment, supple-
.nent or change shall not be passed extent by the favorable vote of two-
thirds of the members of the City Council.
SECTION XII. --- Completion of Buildings under Existing Permits.
Nothing herein contain-d shall require any change in the plans, construct-
ion or designation or designated use of a building for which a building permit
has been heretofore issued or co-rnlete plans for which are on file with the
Building Inspector at the time of the passage of this Ordinance, and a nermit
for the erection of which is issued within one month of the passage of this
Ordinance, and the construction of which, in either ca•e, shall have been
diligently prosecuted within 6 months of the date of such permit, and which
451
entire building shall have been completed according to plans as
filed within one year from the date of the passage of this Ordinance.
SECTION XIII. ---Violation, Denalty, Enforcement.
Any person who violates, disobeys, omits, neglects or refuses
to comply with, or ;rho resists the enforcement of, any of the
provisions of this Ordinance shall, upon conviction be fined not
less than :"10.;'G nor more than :?100.00 for each offense and each
day that a violation shall continue shall constitute a separate
offebnse.
SECTION XIV._-- Validity of Ordinance.
-�11 Ordinances or parts of Ordinances in conflict herewith
ire hereby repealed, but if any section, paragraph, subdivision,
clause or provision of this Ordinance shall be held invalid, such
invalidity shall apply only to the section, paragraph, subdivision,
clause or provision so held invalid, and the remainder of this
Ordinance shall be and remain in full force and effect.
53=TOY %V.
Passed and adopted by the City Council of the City of Kalispell,
this Fifth day of February , 1945.
D. S. Cameron
Mayor
Attest: C. H. Brecer
City Clerk
' State of ".4ontana )ss
County of Flathead )
I, C. H. Brewer, City Clerk of the City of Kalispell,
"Tontana, do hereby certify that on the 6th Hay of February,
1545, I posted a copy of the foregoing ordinance in my office
and the same remained so post - for a period of five days and
the foregoing record is a true cony of the ordinance as passed
by the City Council.
ated this 24th day of 7ebruary, 19,15.
City Clerk