Ordinance 1764 - Amends Ord 1677 - CasinosORDINANCE NO. 1764
AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE KALISPELL ZONING
ORDINANCE (ORDINANCE NO. 1677) AT KMC SECTION 27.34.040, CASINOS, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider certain amendments to the Kalispell
Zoning Ordinance regarding the permitted location of casino uses within city limits;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by
the Kalispell Planning Department, took public comment and evaluated the request
pursuant to the guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Plaiming Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the
Kalispell Zoning Ordinance at KMC 27.34.040 regarding the permitted locations of
casinos be amended; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as amended
by the Kalispell City Planning Board and Zoning Commission and the transmittal
from the Kalispell City Planning Board and Zoning Commission and hereby adopts
the findings made in Report #KZTA-15-01, as amended, as the Findings of Fact
applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 16TH DAY OF NOVEMBER, 2015.
ATTEST:
Ai ee Brunckhorst, CMC
City Clerk
Mark John on
Mayor
EXHIBIT "A"
27.34.040: Casinos
(1) Casinos shall be a minimum of 600 feet from churches, schools, parks, city
residential zones, federal highway, and other casinos, measured from property
line to property line, or from the right-of-way of a federal highway.
(2) Casinos may be located closer than 600 feet from churches, schools, parks, city
residential zones, federal highway, and other casinos, measured from property
line to property line or from the right-of-way of a federal highway if the casino is
considered a minor accessory use and meets the parameters of both Sections 3 &
4 below.
(3) All casinos, other than those considered to be a minor accessory use to a primary
use, shall be allowed in the Kalispell B-5 zones as a conditional use.
(4) A casino is considered a minor accessory use to a primary use if the primary use
(e.g. restaurant or bar, but not shopping center or other multi -use designation)
and its associated facilities constitute at least 80% of the proposed floor space
and the casino constitutes no more than 20% of the proposed use. In addition, the
casino is generally shielded or screened from view of the primary use and
patrons.
(5) The following design standards as appropriate may be placed on the casino:
(a) Limiting or prohibiting the on -premise signage or building from using
the following:
I. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words
commonly associated with gaming.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
4. Neon Lighting.
(b) Limiting the number and location of entrances into the casino.
(c) Increasing landscaping requirements in order to create a buffer between
the casino, adjacent land uses.