E3. Ordinance 1768 - Creating B-3 Zone in Core AreaPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager,, ?--
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisuell.com/planning
SUBJECT: Ordinance 1768 — Second Reading — New B-3 Zoning District for the
Core Area
MEETING DATE: March 21, 2016
BACKGROUND: This is the second reading of an ordinance for a text amendment to the Kalispell
Zoning Ordinance, for the addition of a B-3 (Core Area — Business) Zoning District. In an effort to
begin the implementation of the Core Area Plan, staff has created a new B-3 Zoning District. This
zone is based primarily on the Core Area Plan and is intended to further the goals and policies in the
plan.
The Kalispell City Council, at their meeting on March 7, 2016, approved the first reading of
Ordinance 1768 for the addition of the B-3 Zoning District, on a roll can vote of 7 in favor and 0
opposed.
RECOMMENDATION: It is recommended that the City Council approve the second reading of
the ordinance, for the addition of a B-3 Zoning District.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1768
Report compiled: March 14, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
CHAPTER 27.02
ESTABLISHMENT OF DISTRICTS
Sections:
27.02.010: Official Zoning Map. The city is hereby divided into zones or
districts, as shown on the official zoning map, which, together with all
explanatory matter thereon, is hereby adopted by reference and declared to be
a part of this chapter. Within such districts, the city will regulate and restrict
the creation, construction, reconstruction, alteration, repair, or use of
buildings, structures, or land.
For the purpose of this chapter, the city is hereby divided and classified into
the following use districts:
(1)
R-1:
Residential
(2)
R-2:
Residential
(3)
R-3:
Residential
(4)
R-4:
Residential
(5)
R-5:
Residential/Professional Office
(6)
RA-1:
Residential Apartment
(7)
RA-2:
Residential Apartment/Office
(8)
RA-3:
Combined with RA-2 under July, 2010, amendment
(9)
H-1:
Health Care
(10)
B-1:
Neighborhood Business
(11)
B-2:
General Business
(12)
B-3:
Combined with B 2 tmde- jely, 2010, amendffl Core Area -
Business
(13)
B-4:
Central Business
(14)
B-5:
Industrial Business
(15)
I-1:
Light Industrial
(16)
I-2:
Heavy Industrial
(17)
P-1:
Public
(18)
PUD:
Planned Unit Development Overlays
The official zoning map, including any changes made pursuant to this
ordinance, shall be maintained by and available in the office of the Zoning
Administrator and is also available on-line at the City's website. The official
zoning map shall be the final authority as to the current zoning status of land
and water area, buildings and other structures in the city.
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
CHAPTER 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.010: Intent. A district which is intended to provide a varietv of both commercial and
residential uses. Commercial uses would typically include a mix of retail, office,
restaurant, and other similar uses. This zone is based primarily on the core area
plan adopted by the city for the area along the railroad corridor and is intended to
further the goals and policies in that plan.
27.14A.020: Permitted Uses.
(1) Assembly - light
(2) Athletic club
(3) Auto parking - structure
(4) Auto parking — surface
(5) Auto rental, limo, shuttle (taxi) services
(6) Auto service station
(7) Bed and breakfast
(8) Bakery
(9) Banks and financial institutions
(10) Barber and beauty services
01) Bus station
(12) Car wash, auto detailing shop
(13) Catering establishments
(14) Church
(15) Community center
(16)Day care - home (12 or fewer)
- center (13 or more)
(17) Dwellings - single family
- duplex
- townhouse (2 attached units)
- townhouse (3 or more attached units)
- multi -family
(18) Fairgrounds (public)
(19)Film production studios
(20) Food bank
(21) Food processing - light
(22) Funeral homes and crematoriums
(23) Home occupations refer to Section 27.20.060)
(24) Hotel, motel
(25) Jail Facilities (public)
(26) Laboratories, tech research, development and testing
(27) Laundromats or dry cleaners
(28) Libraries, museums and similar cultural facilities
(29) Manufacturing — light (no smoke, fumes, odor, dust)
(30) Media (newspaper, radio, TV)
(31) Media, towers and facilities (accessory
(32) Microbreweries, wineries, distilleries, tasting rooms
(33) Office - professional/governmental
- medical with limited overnight stay
(34) Parks
(35) Pack and ship shops
(36) Photog_raphic studio
(37) Police and fire stations
(38) Post office
(39) Print and copy shops
(40) Recreation area, indoor
(41) Repair shops (clothing, electronics)
(42) Restaurants
(43) Retail business
(44) Schools — K-12 (public)
- post secondary (public)
- commercial
(45) Safe houses
(46) Tattoo parlors
(47) Technology — research, design, engineering and telecommunication
facilities
(48) Theaters
(49) Veterinary clinic - small animals
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Bars, taverns and clubs (Administrative CUP)
(4) Group home - 8 or fewer persons
- 9 or more persons
Homeless shelters
6) HVAC/electrical/nlumbiniz. sales/service
(7) Recreation area, outdoor
(8) Repair shops (appliance)
(9) Residential care home or facility
(10) Shooting/archery (indoor) (Administrative CUP)
(11) Small engine sales, service and repair
(12) Utilities (primary distribution site)
27.14A.040: Property Development Standards.
(1) Minimum Lot Area: N/A
(2) Minimum Lot Width (ft): N/A
(3) Minimum Yards (ft):
Front Yard
- N/A
Side Yard
- N/A
Side Corner
- N/A
Rear Yard - N/A
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 60 (unlimited with CUP)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (see Section 27.22.040)
Maximum Fence Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
CHAPTER 27.1413
B-4 CENTRAL BUSINESS
Sections:
27.14B.010: Intent. .. .
27.14B.020: Permitted Uses....
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit....
27.14B.040: Property Development Standards... .
CHAPTER 27.22
SIGN REGULATIONS
Sections:
27.22.130 Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2
27.22.080
27.22.090
Sign Area Allowances. .. .
ZONING
MAXIMUM SIGN AREA
CLASSIFICATION
B-2, B-3, B-4, B-5, I-1 and I-2
3 square feet per lineal foot of building
frontage length
R-5, RA-1, RA-2, B-1 and P-1
2 square feet per lineal foot of building
frontage length
R-1, R-2, R-3 and R-4
I square foot per lineal foot of building
frontage length
H-1
See Section 27.22.120
(c) In the B-2, B-3, B-4, B-5, I-1 and 1-2 zones, shopping centers or
lots containing multiple businesses or where common signage is
shared between two or more adjacent lots, the calculation of
allowable sign area shall be as per (a) and (b) above, except the
square footage allowance increases to 3-1/2 square feet and 1-1/2
square feet, respectively, provided that a common signage plan is
submitted and approved.
Regulations for Specific Categories of Signs.
(1) Freestanding and Ground Signs.
(d) Heights, area, and front yard setbacks of freestanding signs in the
B-2, B-3, B-4, B-5, I-1 and I-2 zones are established in the
"Freestanding Sign Standards" table below. The height, area and
front yard setbacks of freestanding signs in other districts are
established under Sections 27.22.100, 27.24.110, and 27.24.120 of
this ordinance. The setback shall be measured from each street
right-of-way line adjacent to the property, and the lowest height
and smallest size per face shall apply.
Freestanding Sign Standards
Distance from Street Maximum Height Maximum Size
Right -Of -Way Line Above Grade (Feet) Allowed Per Face
(Feet) (Square Feet)
0-10
15
60
11-20
20
80
21-30
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
27.22.130: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) Freestanding and ground signs.
(3) Wall signs.
(4) Projecting signs, except on Main Street between Center Street and 8th
Street. Projecting signs in that area are permitted provided they meet the
following:
(a) Only externally lit signs are allowed, subject to the outdoor
lighting regulations;
(b) No reader boards are allowed;
(c) A maximum area of nine square feet is allowed, or a maximum of
15 square feet if the lowest part of the sign is at least 15 feet above
grade and meets a higher artistic standard under architectural
review, including a maximum of 25% of the sign area being text,
colors coordinating with those on the building, and other elements
as determined by the Architectural Review Committee; and
(d) The sign otherwise meets the standards for projecting signs.
(5) Freestanding multiple business sign.
(6) Canopy signs.
(7) Marquee signs.
(8) Off -premise signs, except in zoning classification B-4 when the location
and size complies with all other provisions of this Chapter.
(9) Billboards, except: (a) in zoning classifications B-3, B-4 and B-5; and (b)
not within 1500 feet of the intersection of Main and Idaho streets.
Sections:
27.24.030: Design.
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
(d) Required parking may be allowed to locate within the front and
side yard setbacks in the following sections:
2. In 13-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-I zones:
a. Vehicles will be allowed to park within five feet of
the front and side corner lot line.
b. Any parking space located within a required front or
side corner building setback area shall have a
landscape buffer between the parking space and the
lot line. In every case, a minimum five foot
landscape buffer is required regardless of the
building setback. (Figure 9)
C. Vehicles will be allowed to park in the side yard
setback as long as a sight obscuring fence or
landscaping is constructed along the side lot line
obscuring the presence of the parked vehicles to the
extent fencing is otherwise permitted under this
ordinance. The requirement may be waived where
property abuts an existing parking lot. (Note: When
a designated parking lot abuts a residentially zoned
property other than the R-5 or RA-2 zones, the side
yard abutting the residential zone may not be used
for parking.)
Appendix B — Table of Uses Allowed by Zone and Appendix C — Property Development
Standards for All Uses to be amended accordingly