Ordinance 1768 - Creates B-3 Core Area Business ZoneORDINANCE NO. 1768
AN ORDINANCE AMENDING PORTIONS OF TEXT IN THE CITY OF KALISPELL ZONING
CODE SPECIFICALLY AS IT RELATES TO THE LAND USE ZONE B-3, CREATING A B-3 CORE
AREA - BUSINESS ZONING DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY
THE SAME AND ESTABLISHING 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 land uses within the B-3 zone and to specifically create
the B-3 Core Area - Business Zoning District; 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 Planning Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the Kalispell
Zoning Ordinance as set forth in Exhibit "A" attached hereto, regarding the B-3 land use
zone be amended; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered 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-16-01, 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 21 ST DAY OF MARCH, 2016.
ATTEST:
Aim e Brunckhorst FEW �
City Clerk %®��s®®s°. 0NTP�
1/ee r'r r s 11100°°
Mark Johnson
Mayor
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/ProfessionalOffice
(6)
RA-1:
Residential Apartment
(7)
RA-2:
Residential Apartment/Office
(8)
RA-3:
Combined with RA-2 under July, 2010, amendment
(9)
11-1:
Health Care
(10)
B-1:
Neighborhood Business
(11)
B-2:
General Business
(12)
B-3:
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 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.010: Intent. A district which is intended to provide a variety 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
(11) 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, and tasting rooms
(33) Office - professional/governmental
- medical with limited overnight stay
(34) Parks
(35) Pack and ship shops
(36) Photographic 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
(5) Homeless shelters
(6) Casinos (refer to Section 27.34.040)
(7) HVAC/electrical/plumbing, sales/service
(8) Recreation area, outdoor
(9) Repair shops (appliance)
(10) Residential care home or facility
(11) Shooting/archery (indoor) (Administrative CUP)
(12) Small engine sales, service and repair
(13) 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 27.14B
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: 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.
27.22.090: 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 1-2.
(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 Bch 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.
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.030: Design.
(d) Required parking may be allowed to locate within the front and side
yard setbacks in the following sections:
2. In B-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-1 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
Appendix B - 1
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
-�
c;
en
7
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N,-
CATEGORIES
a
s
a
99
Residential Uses
Bed and
C
C
C
C
C
C
C
C
C
P
P
P
breakfast
—
Day care - home
P
P
P
P
P
P
P
P
P
P
P
P
(12 or fewer)
Day care - center
C
C
C
C
C
C
C
AC
C
P
P
P
(13 or more)
—
Dwellings -
P
P
P
P
P
P
P
P
P
P
P
P
single family
—
Dwellings -
P
P
P
P
P
P
P
P
P
duplex
—
Dwellings -
townhouse (2
C
C
P
P
P
P
P
P
P
P
P
attached units)
Dwellings -
townhouse (3 or
C
C
C
C
C
C
C
C
C
P
C
more attached
—
units)
Dwellings -
C
C
C
C
C
P
C/P
multi -family
—
*1
Group home - 8
C
C
C
C
C
C
C
C
C
C
C
C
or fewer persons
—
Group home - 9
C
C
C
C
C
C
C
or more persons
Guest House
C
Home
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
occupations
—
Mobile home
C
park
Residential care
C
C
C
C
C
C
C
C
C
C
C
C
home or facility
Safe houses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public, Civic &
Institutional
_
Uses
Aircraft hangers
P
P
Airports and
C
C
heliports
_
Assembly
halls/stadiums/co
nvention hall
facilities
C
C
C
C
C
C
C
(includes
auditoriums and
racetracks)
Bus station
P
P
P
P
P
P
P
Appendix B - 2
Cemeteries,
mausoleums and
C
_
C
columbariums
Church
C
C
C
C
P
P
P
P
P
P
P
P
P
Community
C
C
C
C
C
C
C
C
C
P
P
P
P
P
center
—
Energy
C
P
C
production
-
Fairgrounds
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(public)
—
Golf courses
C
C
C
C
C
C
C
C
Homeless
C
C
C
C
C
C
C
C
shelters
—
REVISED USE
un
CATEGORIES
a
a
a
Hospital
(including
treatment centers
C
_
C
and 24 hour care
facilities)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Jail facilities
Police and fire
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
stations
P
—
Libraries,
museums and
AC
C
P
P
P
P
P
similar cultural
—
facilities
Parks
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Post office
P
P
P
P
P
P
Pre-release
centers and
C
C
C
C
private jail
-
facilities
Schools — K-12
C
C
C
C
C
C
C
C
C
(private)
-
Schools — K-12
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(public)
Schools — post
secondary
C
C
C
C
C
C
C
C
C
(private)
Schools — post
secondary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(public)
Schools —
C
C
C
C
P
P
P
P
P
P
P
commercial
—
Telecommunicati
on towers,
cellular
C
C
C
C
communication
-
towers
(including radio,
Appendix B - 3
TV, internet,
phone and cable
providers)
Utilities (primary
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
distribution site)
Retail, Service
& Business Uses
'
Athletic club
C
P
P
P
P
Auctions, indoor
I
I
P
P
P
P
Auto (RV, boats,
motorcycles)
P
C
C
P
P
P
sales and/or
repair
Auto or vehicle
C
p
P
p
body shops
Auto parking -
P
P
P
P
P
P
P
P
surface
Auto parking -
C
C
P
C
P
structure
Auto rental,
limo, shuttle
P
P
P
P
P
(taxi) services
Auto service
C
P
P
C
P
P
P
station
B akery
P
P
P
P
P
P
P
Banks and
financial
C
P
P
P
P
P
institutions
Barber and
P
P
P
P
P
P
P
beauty services
—
Bars, taverns and
C
C
AC
AC
P
s
Campground/RV
C
C
parks
_
Car wash, auto
P
P
P
P
P
P
detailing shop
Casino (refer to
Section
C
C
C
C
27.34.040)
Catering
P
P
P
P
P
P
P
P
establishments
—
Food bank
P
P
P
P
P
P
REVISED USE
r
N
CATEGORIES
Funeral homes
and
P
P
P
P
P
P
P
P
crematoriums
Greenhouses,
nursery centers
C
P
_
P
P
and landscaping
Appendix B - 4
materials
P
P
P
P
Hotel, motel
Janitor services
P
P
P
P
Laundromats or
P
P
P
P
P
P
P
P
dry cleaners
Lumber/building
material sales
P
P
P
(with/outdoor
-
dis lay/storage)
Media
(newspaper,
P
P
P
P
P
P
radio, TV)
Media, towers
and facilities
P
P
P
P
P
(accessory)
Microbreweries
C
P
P
P
P
P
P
Office -
professional/gov
P
P
P
P
P
P
P
P
P
P
P
ernmental
Office - medical
with limited
C
P
P
P
P
P
overnight stay
Pack and ship
P
P
P
P
P
P
P
shops
Photographic
P*2
P*2
P
P
P
P
P
studio
Print and copy
P
P
P
P
P
P
P
shops
Recreation area,
P
P
P
P
P
indoor
Recreation area,
C
C
C
C
C
C
outdoor
Rental service
P
P
P
P
stores and yards
_
Repair shops
P
C
P
P
P
(appliance)
Repair shops
(clothing,
P
P
P
P
P
P
electronics)
Restaurants
P
P*3
P
P
P
P
Retail business
P
P
P
P
P*4
P*5
P*
P*
Retail, limited
6
6
Sexually
C
C
oriented business
_
Shooting/archery
C
A
AC
P
P
P
-indoor
C
Shooting/archery
- outdoor
C
_
C
C
C
(archery only)
Small engine
P
C
P
P
P
sales, service and
Appendix B - 5
repair
Tattoo parlor
P
P
P
P
Theaters
P
P
P
P
Veterinary clinic
P
P
P
P
P
P
P
- small animals
—
Veterinary clinic
- large animals
P
P
P
REVISED USE
N
er,
v,
'"
N
.-+
N
M
q
K,
N
-+
CATEGORIES
a
09
a
0994
Industrial Uses
Aircraft
maintenance/rep
_
P
P
C
air
Art foundry,
metal sculpture,
P
P
P
molding and
-
casting
Asphalt batch
C
plants
Assembly - light
P
P
P
P
P
Assembly -
P
heavy
-
Auction yards,
C
C
livestock
_
Auto
wrecking/salvage
_
C
C
yards
Contractor's
C
P
P
P
storage yard
-
Extractive
C
industries
-
Farm machinery
assembly, repair
_
P
P
P
and sales
Feed/seed/proces
C
P
P
sing/cleaning
_
Fertilizer, bulk
P
P
P
sales
_
Film production
P
P
P
studios
—
Food processing
P
P
P
P
- light
Food processing
P
- heavy-
Forest products
and
_
C
P
manufacturing
Appendix B - 6
Foundry and
metal
P
fabirication
-
plants
Fuel
oil/gas/petroleum
C
C
C
products, bulk
_
storage/sale
P
P
P
Glazier
_
Grain elevators
C
C
C
HVAC/electrical
/plumbing,
P
C
P
P
P
sales/service
Heavy
equipment
_
P
P
P
sales/service
Kennels, animal
A
A
A
A
shelters
C
-
C
C
C
Laboratories,
tech research,
p
P
P
P
P
P
development and
—
testing
C
C
Landfills
-
Laundries/dry
P
P
P
cleaning plants
_
Manufacturing -
light (no smoke,
P
P
P
P
fumes, odor,
—
dust)
Manufacturing -
C
heavy
Manufactured
P
home sales lot
-
Mini-
A
A
A
A
storage/recreatio
C
C
C
C
n vehicle storage
Rail Industrial
P
Park
REVISED USE
'"
CATEGORIES
Monument
manufacture and
C
_
P
P
P
C
sales
Recycling center
C
P
P
Scrap processing
yard
_
C
C
(recycle/metal
yard)
Appendix B - 7
Taxidermy
P
P
P
facilities
_
Technology -
research, design,
engineering and
P
P
P
telecommunicati
on facilities
Truck and trailer
p
p
p
rental
Truck terminal
P
P
P
Utility storage
yards and
C
P
P
C
associated
-
offices
Warehousing
P
P
P
and distribution
-
Woodworking
shops, mill
_
P
P
P
works
Agricultural
Uses
-
Agricultural and
P
horticultural use
-
Footnotes
1. Multi -family dwellings on the second or higher floor are permitted.
2. No retail.
3. No outdoor intercom; no larger than 4, 000 sq ft.
4. Retail uses include: florist, pharmacy, opticians, medical supplies and equipment, bookstores, and
similar uses.
5. Retail enterprises no larger than 4,000 sq ft., and office supply
6. Showrooms only.
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