06. Schaus Zoning Ordinance Text Amendment RequestFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
April 18, 1996 Fax: (406) 758-5781
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Kalispell Zoning Ordinance Text Amendment - Schaus Request
Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4
Dear Al:
The Kalispell City -County Planning Board and Zoning Commission met in regular session on
Tuesday, April 9, 1996, and held a public hearing on the following request by Lisa S. Schaus
to amend the text of the Kalispell Zoning Ordinance as follows:
Section 27.24.090, Permitted signs in Zones R-1, R-2, R-3 and R-4 by adding a
subsection (5) "one non -illuminated two sided sign not to exceed six square feet
in area attached to the house, in connection with a home occupation. "
Narda Wilson with FRDO discussed the background of the request by Ms. Schaus, which was
based on her need for a sign in conjunction with her art studio. The City explored options with
her. A variance was not an option because she could not meet the criteria, and rezoning�was
not what she wanted. A text amendment _ was also an option. The proposal affects home
occupations in the residential zones in the City of Kalispell. The research involved during the
review of the requested text amendment uncovered some weaknesses in the current City
ordinance which may be considered for amendment at a later date. Based on research, staff
recommended a modification to the request, which was to allow four square feet of signage,
rather than the proposed six square feet.
The applicant and her representative spoke in favor of staff's recommendation. Mrs. Shaus stated
that she appreciated the desire to maintain the residential character of neighborhoods, but
believed there is a need for signage in conjuction with home occupations.
The Board discussed, at length, the effects of the proposed amendment, and noted the signage
needs of other residential uses, such as bed & breakfasts and day cares are not addressed in the
sign ordinance. Aesthetics were also a concern discussed in detail. After adopting the findings
of fact in FRDO report #KZTA-96-1, the Board voted 7-1 in favor of recommending the
following amendment to the zoning ordinance, by adding a subsection:
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Kalispell Zoning Ordinance Text Amendment -
Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4
April 18, 1996
Page 2
Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(5) One non -illuminated sign not exceeding four square feet per face below the eave line in
conjunction with a residential use.
This recommendation for the text amendment is forwarded to the City Council for the April 22,
1996 work session and subsequent May 6, 1996 regular City Council meeting for final action
on the request.
Please contact the Commission or Narda Wilson of FRDO, if you have any questions.
Respectfully Submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Pamela J. B. Kennedy
Vice President
PJBK/NW/eo
Attachments: FRDO Report #KZTA-96-1
Minutes of April 9, 1996 Planning Board meeting
c: Diana Roche, City of Kalispell
P. O. Box 1997
Kalispell, MT 59901
Lisa Shaus
652 North Main
Kalispell, MT 59901
... TRANSMIT\ 1996\KZTA96-1. TRM
LISA S. SCHAUS
TEXT AMENDMENT TO THE KALISPELL ZONING ORDINANCF—J,
D# STAFF REPORT 9,
y ► , 1996
A report to the Kalispell City -County Planning Board and Zoning Commission and the Kalispell
City Council regarding a request for an amendment to the Kalispell Zoning Ordinance. A public
hearing has been scheduled before the Kalispell City -County Planning Board on April 9, 1996
beginning at 7:00 p.m. A recommendation from the Planning Board will be forwarded to the
Kalispell City Council for final action.
A. Petitioner: Lisa S. Schaus
652 North Main Street
Kalispell, MT 59901
(406)752-4686
B. Proposed Amendment:
A request has been made by Lisa Schaus for an amendment to the text of the Kalispell
Zoning Ordinance, Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4,
by proposing to adding an additional subsection as follows: (5) "one non -illuminated two
sided sign not to exceed six square feet in area attached to the house, in connection with
a home occupation".
B. Affected Zoning Districts:
Residential zoning districts R-1, R-2, R-3 and R-4 in the City of Kalispell would be
affected by this zoning text amendment.
C. Staff Consideration and Discussion of the Proposal:
Back rog und:
Prior to the adoption of the updated Kalispell Zoning Ordinance in 1992, there were no
sign regulations in the City therey creating unrestricted signage. During the updating of
the zoning ordinance, the community embarked on the task of crafting reasonable sign
regulations. This process was prolonged, controversial and at times contentious.
However, the current sign regulations reflect the efforts of the staff, ad hoc sign
committee, the Planning Board and City Council and many community members.
In researching some of the issues which were discussed during the process, it appears
that concerns revolved generally around height, size, number, square footage, location,
flashing signs and other sign issues generally associated with the business community.
No documented discussion was in the file regarding signs in residential areas or signs in
conjunction with home occupations.
Home occupations are permitted in all residential districts as an accessory use and subject
to certain criteria. Currently, the Kalispell Zoning Ordinance addresses signs in
conjunction with home occupations in one section dealing with accessory uses: Section
27.22.020(2) (a)(I1)(iii) states (no home occupation shall be permitted in which there is
associated therewith)... "Any exterior display, exterior storage of materials, signs (except
as otherwise permitted), house calls after 9:00 PM..."
As referenced above "except as otherwise permitted," is in Section 27.24.090; Permitted
Signs in Zones R-1, R-2, R-3 and R-4. This section allows (1) temporary signs, (2) one
non -illuminated freestanding ground sign, not exceeding 20 square feet per face in
connection with a permitted or conditionally permitted non -dwelling use, (3) a
illuminated subdivision sign not exceeding 20 square feet, and (4) that no sign shall
exceed six feet above grade.
"Except as otherwise permitted" appears not to permit any signage in conjuction with a
home occupation other than a one square foot nameplate in conjunction with a residence
would be allowed.
In attempting to research the issue of what is considered a "standard" within other
communities and what is considered "good planning practice" staff consulted several
different sources. First, the American Planning Association has two publications
prepared by the Planning Advisory Service called "Planning for Home Occupations," and
one called "Home Occupation Ordinances." These publications discuss the increasing
trend toward home based businesses in modern society and the changes in the ways
businesses are conducted primarily because of the electronic communication technology
currently available. These publications also discuss some of the problems associated with
home based businesses and the potential negative impacts home occupations can have on
the residential character of a neighborhood.
Furthermore, these publications deal with elements found in a home occupation ordinance
such as a clear definition of a home occupation, drafting an intent and purpose statement,
listing permitted and prohibited home occupations, performance standards and review
procedures.
The most relevant topic from this publication is on, of course, signage allowed in
conjunction with home occupations, and potential impacts on the surrounding
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neighborhoods. A first step toward preventing glaring visual impacts of a home
occupation on surrounding neighborhoods is the regulation of signs. The publication
states that although many ordinances do not allow signs; most allow at least a small, non -
illuminated sign identifying the business.
Staff reviewed selected home occupation ordinances from Rockford, Illinois (no signage);
Washington County, Oregon, (two square feet); Visala, California (no signage); Pullman,
Washington (one flush -mounted sign not over two square feet in area); Redding,
California (no signage).
Additionally, staff contacted other jurisdictions within the state of Montana and found the
following standards:
City of Whitefish:
allows four square feet
City of Columbia Falls:
allows six square feet (as policy)
City -County of Missoula:
allows two square feet on the building
City of Bozeman:
allows two square feet on the building
City of Helena:
allows two square feet
City of Hamilton:
no signage
City of Billings:
no signage
EVALUATILON BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
Home based businesses and home occupations are not specifically addressed in the master
plan and no specific estimates are given to address the impact or contribution home based
businesses may have on the economy of the community.
2. Is the requested zone designed to lessen congestion in the streets?
Provided that the performance standards outlined in the Kalispell Zoning Ordinance under
which a home occupation must operate, no increase in traffic congestion should occur.
3. Does the requested zone give reasonable consideration to the character of the district?
Residential districts should be generally void of any permanent, overt advertising which
would detract from the residential qualities of a neighborhood. A six square foot sign
may be excessive in size to be considered to be compatible with a residential area.
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4. Will the requested zone secure safety from fire.nanic and Qther dancers?
No impacts to security from fire or other emergencies can be directly associated with this
proposal.
Providing independent employment opportunities for a community will generally promote
the health and welfare of a community. Some of those employment opportunities are
home based businesses which can be conducted in a way that does not negatively impact
a residential community. Allowing a limited amount of signage in conjunction with a
home occupation appears a reasonable means to promote entrepreneurial enterprises
among the community while meeting the needs of a residential area to retain its
neighborhood character.
6. Will the requested zone provide for adequate light and air?
The proposed amendment would not effect development standards relating to light and
air. These are generally addressed with setbacks, density limits, height limitation and
lot coverage standards.
7. Will the requested zone prevent the overcrowding o�nd?
The underlying density within a specific zoning district would control the amount of
development which can occur on a specific site. This proposal would not have an impact
on land densities.
8. Will the requested zone avoid undue concentration of people?
Again, this amendment does not affect density which would be addressed by the
underlying district.
9. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
Public infrastructure and services would not be significantly affected by the zoning text
amendment.
10. Does the requested zone give consideration to the particular suitability of the nro
for particular uses?
Accepted planning practices allow home occupations as an accessory use in most
residential districts and have been deemed a suitable use by consensus within
communities and among planning professionals. The use of signage with a home
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• • # i
' .• •� ii, i ,i� •I �, lull.: •1 .i•1 ''f♦ � #• ,' ri i i
recommend to the City Council approval of the proposed zoning text amendment witIL
modifications• s
9�4ill III!
(5) One non -illuminated sign not exceeding four square feet per face affixed to the
building in conjunction with a home occupation.
H : \ ... \KZTA\96\KZTA96- l . RPT
0
PETITION FOR SIGN PLACEMENT INDICATING HOME OCCUPATION
We, the undersigned acknowledge and support the placement of a sign, not exceeding four
square feet in area on the structure descni)ed as Willow Wind. Studio. The home occupation is located
on the comer of North Main Street and West Nevada Street. We understand that the property is
zoned R3 and that the applicant conforms to the requirements specified for home occupation
according to local zoning ordinances. We feel that the display of the sign will in no way jeopardize
the residential appeal of the area or cause a disruption to the community. Considering the option of
rezoning this property to a commercial status, we prefer to support the conservative use of attractive
signage to indicate the location of a home occupation.
V*AAE #DDRESS'
Page 1 of _ Lisa S. schaus Fine Arrdst
illow 'Vind Studio
Watercolors 652 N_ Main Sr.
Mixed Media Kalispell, W 59901
Shirt Design (406) 752-4686
_ 1Zil
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F WMI-0
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