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Ordinance 1744 - Zoning Text Amendments - VariousAN ORDINANCE AMENDING ORDINANCE 1677, THE CITY OF KALISPELL ZONING REGULATIONS, CODIFIED AT CHAPTER 27 OF THE KALISPELL MUNICIPAL CODE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.' WHEREAS, the City of Kalispell submitted a written request to update various sections of the Zoning Regulations for the purpose of making the regulations more accessible to the public and to better reflect the current use patterns existing in the city today; and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Plannimz Dmartment and evaluated pursuant to the %­1 & terms of 76-2-3049 Montana Code Annotated; and WHEREAS, on August 12,2014, the Kalispell City PlanninR Board and Zoning Commission held a duly noticed public hearing and upon receiving written and oral evidence from the public, made its recommendation to the Council that the Zoning Regulations be amended to incorporate those changes as set forth in Exhibit "A"; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings presented in Kalispell Planning Department report KZTA- 14-2 as the Findings of Fact. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Regulations are hereby amended to read as set forth in Exhibit "'A", attached hereto and incorporated fully _affj_=�0 SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF OCTOBER., 2014. ATTEST: Theresa White Mark Johns*) Mayor (1) ADD "RAIL INDUSTRIAL PARK" AS A PERMITTED USE IN THE 1-1 (LIGHT INDUSTRIAL) ZONE UNDER SECTION 27,16.020 AND APPENDIX B (TABLE OF USES ALLOWED BY ZONE), ADD A DEFINITION IN CHAPTER 27.37 FOR 44RAIL INDUSTRIAL PARK." AND RENUMBER THE SECTIONS ACCORDINGLY: Proposed Text CHAPTER 27.17 1-2 HEAVY INDUSTRIAL 27.17.0200 Permitted Uses. (38) Rail Industrial Park (Renninber accordingly.- add to Appendix B-Table of Uses Allowed By Zonl (149) Rail Industrial Park. A subdivision with uses directly served by railroa and each individual sub -use is listed as a permitted or conditionally permitte use within the zone where the subdivision sits. I (2) AMEND SECTION 27.19,020 AS IT RELATES TO PLACEHOLDER. PLANNED UNIT DEVELOPMENTS (PUDs) AND THE USES WHICH MAY OCCUR PRIOR TO 0 PROCEEDING WITH A FULL PUD APPLICATION. Proposed Text CHAPTER 27,19 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) 27.19.020: General. The following application and review procedures shall apply to designation and approval of all planned unit developments in the city. (2) PUD Application Thresholds: It is anticipated that PUD applications will be submitted in one of two forms, a PUD full application meeting all the requirements of this section and a PUD Placeholder application which serves as a place marker for a future PUD application. Within any PUD application it is possible to incorporate one or both of the categories listed below: (a) PUD Full Application — This application will be processed in accordance with the full provision of this chapter and will require the submission of all application materials required in Section (3) PUD Application Materials below. (b) PUD Placeholder Application — This submittal typically is involvei,, with annexation and initial zoning or a rezoning in which the applicant requests a PUD designation noting the applicant's intent to develop a PUD and enter into a development agreement with the city, binding the property to a future PUD application but not providing any application materials or development plan nor receiving any entitlements other than a commitment between the city and the applicant that when development is to proceed it will be done via the PUD process. 1. Prior to the use or development of any property within the PUD Placeholder beyond the specifically listed use I s and activities within this section, the applicant shall submit an application for and proceed with the full PUD application process as outlined in subsection 3 below. 2. Interim use in a PUD Placeholder prior to development of the full PUD is allowed based on the criteii a below: a. All proposed uses and activities of the land and existing structures must comply with the underlying zone. b. An administrative conditional use permit would be required t document and approve the interim use or activity. I c. Only the following activities are allowed: 1. Remodeling/repair/removal of existing structures or buildings; 2. Parking of vehicles and equipment for storage as long as the purpose is not meant for display from a public right-of-way; 3. Fencing and lighting; and 4. Earth work, site leveling and drainage work. d. The following new uses and activities are not allowed without the full PUD application process: 1 . Freestanding signs; 2. Additional access points onto a public road system.; 3. Expansion of existing structures by more than 10%; and 4. New structures or building development beyond what is otherwise specifically allowed under this section. e. Interim use of the property as described above does not relieve the owner from compliance with overall PUD requirements at the time additional development beyond the scope of interim development occurs. (3) MOVE AIRPORT AFFECTED AREA REGULATIONS FROM A STAND-ALONE ORDINANCE TO THE ZONING ORDINANCE BY ADDING NEW REFERENCES UNDER SECTIONS 27.20.025 AND 27,20,025: F907#177i'MAX *& d 74M CHAPTER 27.20 SUPPLEMENTARY REGULATIONS * 0 0 27.20.020 Accessory Uses 27,20,025 Airport Affected Area 27,20.030 Exceptions to Height Regulations 27.20.025: Airport Affected Area. The Kalispell City Airport Affected Area Ordinance, as it presently is written and as it may be amended in the future, is hereby incorporated by reference into the Kalispell Zoning Ordinance. (1) The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or other agriculture buildings, telecommunication towers and cellular communication towers and facilities, unless otherwise prohibited by reations related to the airport affected area referenced under Se gulction 27.20.025 of this ordinance or by Federal Aviation Regulations, part 77. (4) ADDRESS RECREATIONAL VEHICLES BY ALLOWING UP TO ONE -WEEK STAYS FOR HOUSE GUESTS (FREE OF CHARGE) AND SIMILAR STAYS IN PARKS AND THE FAIRGROUNDS WHEN IN CONJUNCTION WITH A SPONSORED EVENT BY ADDING SECTION 27.20.085 AND AMENDING DEFINITIONS OF FAIRGROUNDS AND PARKS IN CHAPTER 27.37: 0 0 0 27.20,080 Principal Structures 27.20.085 Recreational Vehicles In Conjunction With Residential Uses 27,20.090 Safe Houses and Domestic Violence Shelters 27.20,085 Recreational Vehicles In Conjunction With Residential Uses. On any property used for residential purposes, temporary use of a recreational vehicle for housing occupants of the yid structure or their guests is allowed provided that the use is free of charge and limited to a period of one week or less per month. 49, (64) Fairgrounds. An area wherein buildings, structures, and land are used for agricultural -related offices, animal shows and judging, carnivals, circuses, community meetings, recreational uses, concerts, food booths and stands, *des, rodeos, sales and auct' 0 games, n ions, and similar uses. Public fairgrounds also may include the temporary recreational vehicle parking and camping if ,tone in conjunction with a sponsored event. (135) Parks. A noncommercial, not -for -profit facility designed to serve the recreation needs of the residents of the community. Such facilities include mini Parks, neighborhood parks, community parks, large urban parks, regional parks, and special use areas, linear parks and open spaces, all as described in the Parks and Recreation Comprehensive Master Plan. Such facilities may also include, but shall not be limited to, ball fields, football fields, soccer fields, and pools/spray parks if they meet the above definition. Public parks may include temporary (one week or less) recreational vehicle parking and camping if done in conjunction with a sponsored event and at no charge. Commercial amusement facilities, such as water slides, go-cart tracks, and ature golf courses and passive open spaces shall not be considered parks. (See also: Homeowner's Park) (5) ADD LANGUAGE TO EXISTING SITE REVIEW PROCEDURES IN SECTION 27,20,120 TO BETTER REFLECT RECENT FEDERAL AND STATE CASELAW RELATING TO PERMIT CONDITIONS: 1IMpliArer-11 27.20.120: Site Plan Review. The purpose of this section is to establish site design criteria and review procedures to promote the general health and welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design, and the character of the neighborhood or area. (3) 171-aJor Site Plan Approval. Commercial, industrial, and multi -family developments and remodelimz of existing structures when a chan e of use or 4­1 9 structural expansion would result shall be subject to the following application and review procedures: (d) Power to Amend Plans. When approving an application for a site design and use, the Site Development Review Committee will include any or all of the following conditions, if they find it necessary to meet the intent and purpose and the criteria for approval of this ordinance. Any condition of approval must substantially advance a legitimate public interest and the cost of the condition must be rou�, ghly proportional to the public interest served. 1. Require such modifications in the landscaping plan as will insure proper screening, aesthetic appearance, and use of appropriate material within the right-of-way. 2. Require the retention of existing trees, rocks, water ponds, or courses and other natural fetiti -Z!,, Require the retention and restoration of existing historically significant structures on the project site. 4. Require the modification or revision of the design or I -A remodeling of structures, signs, accessory I oundings, etc. to be consistent with all city codes, ordinances, policies and guidelines. 5. Require on -site fire protection during the construction phase of a project. 111111i r 7. Require new developments to provide limited controlle( access onto a public street by means of traffic signals, traffi( controls and turning islands, landscaping, or any other mean,, necessary to insure the viability, safety, and integrity of th( public street as a true corridor. In some cases, the city mal * the developer to provide off -site improvements an( require right-of-way consideration, including but not limited to watef sanitary sewer, storm drainage, street improvements pedestrian ways, lighting and signalization. The city mal require the developer to also furnish the city with appropriat( engineering studies regarding the various impacts that th( development might have on the city's public facilities the City's standards for design and construction. 8. Require on -site pedestrian access and connectivity to adjacent facilities, separate pedestrian access ways, and sidewalks/bike pathS. (6) CLARIFY STANDARDS FOR "ANIMAL HOSPITALS, POUNDS, KENNELS ANIMAL SHELTERS, AND VETERINARY CLINICS"LISTED AS SPECIFI 0 REQUIREMENTS AS A CONDITIONAL USE IN SECTION 27,34.010. CHAPTER 27,34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USEI 27.34.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, and Veterinary Clinics (1) Household animals (specifically dogs and cats) boarded overnight should be kept in climate -controlled, sound -proofed buildings. (2) Household animal excreta shall be removed from the site daily or as otherwise necessary to avoid the spread of objectionable odors, insects., pests, CrA!!k and objectionable surface draina6v,-. (3) No partially or fully enclosed structure or fenced open area (runs, pens, etc.) used to confine animals shall be closer than 100 feet to any property line. J (55j Dwelling. A building used for human residential purposes (see also. 0 Residential). (56) Dwelling, Duplex. A building designed as two structurally joined dwelling units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances. "Structurally joined" means a substantial structural connection with a roof and other features. "Structurally ed" shall not include such improvements as decks, patios, architectural embellishments, below -grade connections, or other connections not involving a substantial roof connection. (Figure 16) (see also: Residential) Figure 16: Dwelling, Duplex ]SOME r - - - - - - - - - dyIha- --- - - - - --i Duplex Unit 1 Duplex Unit 2 o. a (57) Dwelling, Multi -Family. A building or buildings attached to each other and containing three or more dwelling units. The term "multi -family dwelling" is intended to apply to such dwelling types as triplex, fourplex, or apartments where any dwellings have their primary access to a common hallway or corridor or directly to the outside (see also: Residential). (58) Dwelling, Single -Family. A building designed with living quarters for occupancy by one household only, and containing one dwelling unit on a lot (see also: Residential). (59) Dwelling, Townhouse. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with one or more similar dwelling units but separated from the other similar dwelling unit(s) by a common party wall having no doors, windows or other provisions for human passage or visibility. In order to be considered a townhouse as opposed to another dwelling type, such as a duplex or multi -family dwellings, each of the attached dwelling units must have (a) independent water and sewer service lines and metering pursuant to the applicable plumbing code and any other city regulations; and (b) a two hour fire wall separating the unit from any adjoining units (see also: Residential). (60) Dwelling Unit. One or more rooms designed for or occupied by one household for living or sleeping purposes and containing kitchen and bathroom facilities for use solely by one household. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit (see also: Residential). (157) Residential. Regularly used by its occupants as a permanent place of abode, which is made one's home as opposed to one's place of business and which has housekeeping and cooking facilities for its occupants only. In situations where a dwelling is rented or leased, a residential use would involve lease periods of one month or more.