04-25-16 Work Session Agenda and MaterialsCITY COUNCIL
WORK SESSION AGENDA
Monday, April 25, 2016, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
B. DISCUSSION ITEMS
1. Proposed Zoning Ordinance Updates and Amendments
C. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. Those addressing
the council are requested to give their name and address for the record. Please limit
comments to three minutes.
D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
E. ADJOURNMENT
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Regular Council Meeting — May 2, 2016, at 7:00 p.m. — Council Chambers
Council Sub -Committee Growth Policy Work Session — May 3, 2016, at 6:00 p.m. — First Floor
Conference Room
Ward III Town Hall Meeting — May 4, 2016, at 7:00 p.m. — Council Chambers
Council Work Session — May 9, 2016, at 7:00 p.m. — Council Chambers
Coffee with the Chief — May 11, 2016, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue West
Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting.
Please notify the City Clerk at 758-7756.
Page 1 of 1
PLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
BACKGROUND:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
MOIffANA
Doug Russell, City Manager
PJ Sorensen, Planner
KZTA-16-02 — General Zoning Updates
April 25, 2016 (Work Session)
As part of a continuing effort to update the zoning ordinance, staff has compiled a list of minor
amendments to the ordinance. The amendments were placed into fifteen general groupings and were
discussed at a work session held by the Planning Board on March 8, 2016. A public hearing was held
before the Board on April 12, 2016. No comments were received, and the Board sent a
recommendation of approval to the City Council on a 7-0 vote. Below is a short description of the
proposed amendments. The full text of each amendment is attached to this report.
Proposed Amendments:
(1) Increase maximum heights in all H, B, I and P zones. Currently, the maximum heights in
these zones are 35 — 40 feet by right, and generally 60 feet with a conditional use permit
(unlimited height with a CUP in the B-4/downtown zone). Historically, the maximum height
in town was based primarily on the height of the fire department's ladder truck. This began to
change about 15 years ago with a greater focus on fire codes during the construction of
buildings. From a planning perspective, the additional height allows for more beneficial and
efficient use of land. As such, staff recommends increasing the maximum allowable height in
these zones to 60 feet; and allowing any height with a conditional use permit that allows a
public review of any building over 60 feet. The Fire Chief, Dave Dedman, was contacted and
supports the amendment.
(2) Increase the maximum height in the RA-1 zone. The maximum height in the RA-1
(Residential Apartment) zone is currently 35 feet. The other apartment -based zone (RA-2) is
40 feet. Increasing the height in the RA-1 zone to 40 feet is recommended to make it equal to
the RA-2 zone. There would not be the option of additional height with a CUP in this zone.
The Fire Chief, Dedman, was contacted and supports this amendment.
(3) Eliminate the current CUP requirements for additional height. The current ordinance has
a calculation for additional height that essentially creates a building envelope. In addition to
setbacks from R and RA zones, the additional height requires additional setbacks from the
property lines. The calculation, which can be complicated, can inhibit overall site design for a
proj ect.
(4) Accessory structure setbacks. One of the issues faced by many homeowners, particularly in
the older part of town, is that 5 foot setbacks for sheds, garages, etc., have a significant impact
on the usable size of their backyard. The 5 foot strip created by those setbacks tends to not be
maintained. Accessory structures generally have smaller visual imprints on adjoining
properties; and eliminating the side and rear setback (except for rear setbacks when the garage
door faces the alley) would lead to more usable backyards and eliminate the difficult to
maintain strips along the structures without significantly increasing impacts on neighboring
properties. While we currently have no setback for smaller structures of this type, this
amendment would increase the size limit from 200 sq. ft. to 400 sq. ft. Additionally, the
reduced side setback would only apply to the rear of the principal structure to avoid zero
setbacks in the front yard area, which would not be characteristic of, or conducive to, typical
residential neighborhoods.
(5) Clarify the ability to locate cellular service antennae. The current ordinance allows cellular
towers in a few specific zones with construction occurring only with a conditional use permit.
In recent years. The industry has tried to meet the increasing demand for its services by
locating antennae on existing structures. Besides existing towers, buildings and other
structures can host the antennae, often in manners that they are barely noticeable. The City
has interpreted the ordinance to allow the location of antennae on structures that are otherwise
allowed under the zoning standards. For example, an antenna might be placed on an office
building in a commercial zone provided that it doesn't exceed the maximum height in the
zone. The approach has recognized that improving cellular infrastructure is beneficial to the
public and that the more co -location options are available, the fewer towers are necessary.
The proposed language would require that steps be taken to camouflage the antennae when it
extends beyond the building envelope.
(6) Clarifying size requirements for site built as opposed to manufactured homes. The
current zoning ordinance is intended to allow both site built homes and manufactured homes
and contains several design requirements. Among those requirements is a minimum 20 foot
width. The current language contains some ambiguity about whether the width applies to both
types of homes. The proposed language would more clearly apply this width requirement to
manufactured homes only.
(7) Reducing the required parking for multi -family dwellings. The current ordinance
generally requires two parking spaces for a single-family residence as well as two spaces per
unit for an apartment building. While two or more spaces for a single-family residence is
appropriate, we have found that two per unit for an apartment building is more than is
necessary and leads to wasted space that could be better used for other purposes. Other city
rules, such as impact fee calculations, recognize that apartments tend to have fewer residents
per unit. We are proposing to reduce the requirement to 1.5 spaces per dwelling unit in multi-
family dwellings.
(8) Clarify existing language within the off-street parking design chapter to provide more
consistency. The current ordinance uses the terms "lot," "spaces," and "facility"
interchangeably. This proposal would amend the chapter to use the terms more consistently.
It also adds a definition of "parking lot" to reduce vagueness and ambiguity regarding the
application of the chapter.
2
(9) Change the measurement line for site lighting from the right-of-way line to the curb line.
In the outdoor lighting regulations, there are maximum foot-candle levels at the property
lines. As it relates to the right-of-way, the intent is to reduce the light in drivers' eyes.
However, using the right-of-way/property line as the measure, a rough edge is created where
there are sidewalks that could be better lit. By changing the measurement line to the curb line,
the purpose of reducing light facing drivers can be maintained while having better lighting for
sidewalks.
(10) Changing the responsibility of providing property ownership lists from the applicant to
the City. Historically, the City has required that applicants obtain a certified property owners
list from either the County Clerk & Recorder/GIS Department or from a title company
whenever adjoining properties are to receive notices. Well over 90% of applicants went
through the County to achieve this. Due to a recent change in state law, the county no longer
provides these lists. The City has access to the same GIS information and can put together the
lists instead of requiring applicants to contract with a title company to obtain the information.
This amendment would put the requirement on the City Planning Department to assemble the
lists.
(11) Explicitly including doggie day-care within the definition of kennels. The definition of
"kennel" is broad enough to encompass doggie day -cares. It would be helpful, however, to
explicitly include doggie day -cares within the definition to remove any ambiguity.
(12) Reduce the amount of required off-street parking in the new B-3 (Core Area -Business)
zone by 50%. Throughout the city in general, each land use has a certain minimum amount
of required parking spaces that it must provide, usually based on the number of units for
residential uses or square footage for commercial uses. In the downtown, those requirements
are modified to reflect the unique objectives in the core downtown area. There are currently
three special parking overlays that reduce required parking: (1) one overlay reduces parking
requirements by 50% for certain permitted/conditionally permitted uses in the R and RA
zones near downtown in order to lessen the need to demolish existing homes for parking lots;
(2) another overlay uses a single parking ratio for all uses as a way to encourage re -use of
existing buildings; and (3) in the historic downtown, no parking is required due to the reality
that properties are mostly covered by structures and the goal of encouraging redevelopment in
the area.
As was discussed with the adoption of the new B-3 zone, the zone is intended to implement
the Core Area Plan. The zone includes reductions in setbacks and other development
standards as an incentive for businesses to locate in the area.
(13) Allow short term residential rentals, such as VRBOs, with an administrative conditional
use permit and subject to certain conditions. The current zoning ordinance defines
"residential" to include rental periods of one month or more. Periods of time less than one
month are either hotels or bed and breakfasts. The Planning Office usually receives about 3
or 4 complaints each year about VRBOs from neighbors, while at the same time has observed
an increase in popularity by tourists throughout the country as well as homeowners that can
generate substantial income through the program.
The Planning Board felt that such uses could be acceptable in residential areas, but only
subject to appropriate conditions. Based on that discussion, as well as discussions with the
Whitefish Planning Department, staff drafted a provision based on the Whitefish ordinance
that would allow those types of rentals with an administrative conditional use permit.
Conditions would include fire department and health department approvals, compliance with
bed tax regulations, providing contact information to the city, as well as posting ownership
contact information at the property.
(14) Expanding microbrewery uses to include wineries, distilleries, and tasting rooms. When
the new B-3 Core Area zone was discussed at City Council in early March, the Council
wanted to include wineries, distilleries, and tasting rooms in the B-3 zone in addition to
microbreweries. The proposed text was amended by Council to expand the "microbrewery"
category. Without also changing the text elsewhere in the ordinance, the implication would
be that the other uses would only be allowed in the B-3 zone. This amendment would allow
those uses on the same basis as microbreweries in the zones where they are allowed.
(15) Clarify existing language relating to casinos. The Planning Board and City Council recently
undertook an extensive review and amendment of the casino regulations in the zoning
ordinance. This amendment is an effort to smooth out the language changes and better
integrate them into the structure of the ordinance by including "Casino' and "Casino —
accessory" categories in the chapters; listing uses in each zone and some minor wording
changes.
RECOMMENDATION: It is recommended that the Kalispell City Council discuss and provide
direction for staff regarding the proposed amendments.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Direct staff to proceed with some or none of the amendments, or hold some of
the amendments for further study.
ATTACHMENTS: Text of proposed ordinance amendments.
Report compiled: April 20, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
E
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.040: Property Development Standards.
(4) Maximum Building Height (ft): 35 40
CHAPTER 27.11
H-1 HEALTH CARE
Sections:
27.11.040: Property Development Standards.
(4) Maximum Building Height (ft) - 40 60 (60 unlimited with Conditional Use
Permit)
- Hospital FAO
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Microbreweries, wineries, distilleries, and tasting rooms
27.12.040 Property Development Standards.
(4) Maximum Building Height (ft): 94 60 (unlimited with conditional use permit)
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.020: Permitted Uses.
(34) Microbreweries, wineries, distilleries, and tasting rooms
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(6) Casino -accessory (refer to Section 27.34.040)
27.13.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(6) Casino& -accessory (refer to Section 27.34.040)
CHAPTER 27.14B
B-4 CENTRAL BUSINESS
Sections:
27.14B.020: Permitted Uses.
(25) Microbreweries, wineries, distilleries, and tasting rooms
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(6) Casino -accessory (refer to Section 27.34.040)
27.14.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Sections:
27.15.020: Permitted Uses.
(42) Microbreweries, wineries, distilleries, and tasting rooms
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
(2) Casino (refer to Section 27.34.040)
(3) Casino -accessory (refer to Section 27.34.040)
27.15.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.020: Permitted Uses.
(36) Microbreweries, wineries, distilleries, and tasting rooms
27.16.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.020: Permitted Uses.
(33) Microbreweries, wineries, distilleries, and tasting rooms
27.17.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.18
P-1 PUBLIC
Sections:
27.18.040: Property Development Standards.
(4) Maximum Building Height (ft): 40 60 (60 unlimited with Conditional Use Permit)
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
Sections:
27.20.020 Accessory Uses
27.20.025 Airport Affected Area
27.20.027 Cellular Service Antennae Location
27.20.030 Exceptions to Height Regulations
27.20.090 Safe Houses and Domestic Violence Shelters
27.20.095 Short Term Residential Rental Standards
27.20.100 Side Corner Setback Reduction
27.20.020: Accessory Uses. In addition to any permitted or conditionally permitted principal
uses, accessory uses and structures are permitted as set forth in this section.
(2) Standards for accessory uses and structures. The following is a list of
restrictions on accessory uses and structures:
(a) Setbacks.
Front
Side
Rear
Side Corner
Accessory Structures
See setback
5 ft
5 ft
See setback for
(larger than 4200
for principal
principal
square feet) in all
structure
structure
zones except B4
Accessory Structures
See setback
5 ft /A if
N/A
See setback for
(44200 square feet or
for principal
to the rear of
principal
the principal
less) in all zones
structure
structure
structure
except B4
B-4
N/A
N/A
N/A
N/A
When a garage or carport is entered from an alley, it shall not be located
closer than ten feet from the alley right-of-way line. When a garage or
carport is entered from any other public or private right-of-way, it shall not
be located closer than twenty feet from the right-of-way line unless a greater
setback is provided for under the particular zoning district development
standards.
(b) In R and RA zones, accessory structures shall not exceed 18 feet in
height and are limited to single story construction. Accessory structures in
other zones shall not exceed the maximum height for principal structures as
provided under the particular zoning district development standards.
(c) No accessory structure or use shall be constructed or established on any lot
prior to the time of the substantial completion of the construction of the
principal structure to which it is accessory.
(d) Accessory structures shall be limited to no more than 1000 square feet in
size.
27.20.027 Cellular Service Antennae Location.
Cellular service antennae may locate on any existing or proposed structure that is
otherwise allowable pursuant to the regulations applicable to that district, provided
that the antennae does not extend above or beyond the envelope of the structure
without taking steps to visually camouflage its presence, such as within belfries,
chimneys, elevator housings, or similar architectural features that would customarily
be a part of the structure and tend to add to the architectural character of the
structure.
27.20.095 Short Term Residential Rental Standards.
A residential dwelling unit may be rented for a period shorter than thirty days
provided that the following performance standards are met:
(1) The property owner shall first obtain an administrative conditional use permit
from the Planning Department (See Chapter 27.33).
(2) The number of units rented shall not exceed the allowable density for the zoning
district where the property is located.
(3) The administrative conditional use permit review shall include:
(a) Proof of an inspection by the Fire Department or its designee showing that all
life safety requirements are met, including, but not limited to, smoke detectors
and egress;
(b) Proof of a State of Montana public accommodation license for a tourist home,
which is administered by the Flathead City -County Health Department and is
subiect to annual inspections;
(c) Verification that the property is appropriately registered and meets
requirements for state bed tax purposes; and
(d) The property owner shall provide their name and phone number or of a local
contact person that shall be responsible for handling any issues that arise with
the property. The contact shall be available to address any issues 24 hours a
day and seven days a week.
(4) The property owner or local contact's name and phone number shall be posted on
an emergency contact notice visible from outside the front door. Otherwise, there
shall be no signage indicating the short term rental of the property.
(5) Violations of the terms of the administrative conditional use permit or the
provisions of this section may subject the property owner to an enforcement
pursuant to the terms of this ordinance. Noise and similar issues may be enforced
through the Police Department.
27.20.110: Single Family and Duplex Dwellings — Design Standards. The purpose of this section is
to promote public health, safety and welfare and to ensure neighborhood compatibility by
establishing minimum standards for single family dwellings and duplexes. All single
family dwellings and duplexes shall comply with the following standards:
(1) As used in this section, a manufactured home means:
(a) A single family dwelling, built off site in a factory on or after January 1,
1990;
(b) That is placed on a permanent foundation;
(c) Is at least 1,000 square feet in size;
(d) Has a pitched roof and siding materials that are customarily used on site -
built homes; and
(e) Is in compliance with the applicable prevailing standards of the United
States Department of Housing and Urban Development at the time of its
production.
(2) All single family dwellings and duplexes must be site built or manufactured homes_
Manufactured homes a-l+d must:
(a) Be a minimum of 20 feet at the narrowest width;
(b) For factory assembled housing, have all tow bars, wheels and axles
removed at time of installation;
(c) Be placed on a permanent foundation that meets applicable building code
requirements; and
(d) Have not been previously located.
(3) Site built homes may be moved as follows:
(a) To a different location on the same parcel;
(b) From one lot in the city to a different lot; or
(c) From outside the city to a lot inside the city.
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.020: Required Parking for New Construction, Expansions, and Change of Use. No building
permit shall be issued within the city limits for the construction or enlargement of any
building or structure nor shall said permits be issued for the change of use of any building
or structure unless the requirements established by this ordinance regarding off-street
parking afeas are satisfied. Whenever any building is enlarged, off-street parking shall be
provided for said addition. Paf4iing spaces shall be reviewed wWhenever a change of use is
proposed, the number of required parking spaces shall be reviewed. ine f,,,.ses toe
. The requirement for additional spaces shall equate to
the difference between the number of parking spaces required for the existing use and the
proposed use.
27.24.030: Design.
(1) Size. A parking space is typically nine (9) feet wide and twenty (20) feet deep (See
Appendix A for minimum parking lot requirements). In cases where stacking
spaces are required or otherwise provided, each stacking space shall be a minimum
of nine (9) feet wide and twenty (20) feet deep.
(2) Location. Off-street parking €aeilifies lots shall be located as hereinafter specified.
When a distance is specified, such distance shall be in walking distance measured
from the nearest point of the parking €aeility lot to the nearest point of the building
that such facility is required to serve. Parking lots, including both spaces and
maneuvering area(s), shall be located entirely outside of a public and/or private
right-of-way, except single family residential and duplexes, which may utilize
driveways as a maneuvering area provided that the parking for separate units
within a duplex does not conflict. For any use other than single family residential
and duplexes, parking spaces which back into an alley shall be set back ten (10)
feet from the alley right-of-way line.
(a) For single family, duplex, and multifamily residential dwellings: Off-street
parking is required on the same lot with the building it is required to serve.
(b) For all other uses not herein specified: Off-street parking is required within
300 feet from the zoning lot it is required to serve and must be located
within the same zoning classification as the use intended to be served.
Noncontiguous lots shall not be used for off-street parking in the R and RA
zoning districts. See section 27.24.040(3) regarding requirements for off -
site parking.
(c) Re"ir-ed pP� spaces shall not be located in any required front, side
corner, or side yard, except one fe"ifed off-street parking space for each
single family residential use, or one space for each unit within a duplex,
may fall into the front yard or side corner yard setback. In addition, multi-
family dwelling units not served by an alley may place one off-street
parking space per dwelling unit in the required front yard setback area. No
parking space in the front or side corner yard shall extend to within five feet
of the property line (except that parking spaces associated with single
family residences or duplexes do not have a required setback, provided that
the full 20 foot length of the parking space is located entirely outside of the
right-of-way).
Figure 9: Parking Lots
I�property line
-------------------------------�
o �
N
i landscape buffer i
inside property line ;
_ property line
street
boulevard 10' Clear Vision i
Triangle at Drive
Entrances ' andscape buffer
--—J
m ----------------- ,�o.— �---sidewalk
-- centerline of streetGurb
Clear Vision Triangle at Street Intersection
(d) Parkin spaces may be allowed to locate within the front and
side yard setbacks in the following sections:
1. In R-5 and RA-2 zones:
a. Vehicles will be a4lo ed t6 paFk within Parking spaces
shall be setback ten feet of from the front lot line and five
feet of the 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. (Figure 9)
C. Tehieles will be allowed tom Parking spaces are
allowed in the side yard setback as long as a sight obscuring
fence is constructed along the side lot line obscuring the
presence of the parked vehicles to the extent fencing is
otherwise permitted under this ordinance. This requirement
may be waived where this 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.)
2. In B-1, B-2, B-3, B-4, B-5, H-1, I-1, I-2, and P-1 zones:
a. Parking spaces
shall be setback five feet of from 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. Parking spaces are
allowed 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.)
(e) Location of parking spaces within a lot are subject to clear vision triangle
requirements. (Figure 9)
(3) Plans. A plan of the proposed off-street parking faeility lot shall be submitted
along with the application for the building permit for the use the off-street parking
is required to serve. Said plan shall clearly indicate curb cuts, lighting, landscaping,
construction details, fencing, striping, surfacing materials, pedestrian circulation,
snow storage areas and other features which may be required by the Zoning
Administrator or the Site Development Review Committee.
When off-street parking spaces are required, the parking area lot shall be designed
in accordance to the standards of Figure 1, Appendix A.
(a) All traffic control devices such as parking stripes, directional arrows, wheel
stops, curbs and other developments shall be installed and completed as
shown on the approved plans.
(b) Upon review of any permit application with the city involving existing
structures, the parking area design of the affected use shall be reviewed to
gain substantial compliance with these regulations.
(c) For driveways and driving aisles where parking spaces do not back into the
driving lane, the minimum dimensions are as follows:
1. Single-family and duplex: 10 feet
2. Multi -family: 10 feet per lane (10 feet for one-way aisles and 20
feet for two-way aisles)
3. Other uses: 12 feet per lane (12 feet for one-way aisles and 24
feet for two-way aisles)
(4) Construction. All off-street parking spaees lots and associated access areas shall
be improved with asphalt or concrete or a comparable permanent hard surface.
(5) Drainage. All off-street parking afeas lots shall be designed and constructed to
allow proper drainage in accordance with and subject to public works procedures
and standards.
(6) Landscaping and Screening. All parking ar-e--and vehiele sales areas lots
(excluding single family residences and duplexes) shall meet the following
conditions. Any landscaping is subject to clear vision triangle requirements. See
also: required landscape buffer requirements listed in section in 27.24.030(2)(d).
(a) A minimum of 5% of the total interior parking lot area (excluding any
landscape buffer) shall be landscaped for any parking lot or- vehiele s
afea with ten (10) or more spaces.
(b) The perimeter landscape buffer along a street shall consist of planting
materials or planting materials and man-made features to create a visual
relief in the form of a hedge, fence, planter box, berm, dividers, shrubbery,
grass or trees, or a combination of the above. Perimeter landscaping shall
not include round river rocks, gravel, or similar non -vegetative treatments.
Perimeter landscaping adjoining a landscaped boulevard shall be designed
in cooperation with the city parks director.
(c) A performance bond may be required to ensure compliance with this section
and to cover maintenance for a period not to exceed one year after time of
planting. (Figure 9)
(7) Lighting. Any lights provided to illuminate any public or private parking lot yea
of vehiele sales afe-ashall be designed in accordance with the Outdoor Lighting
Standards contained in Chapter 27.26 of these regulations.
27.24.040: Special Provisions.
(1) Nonconforming Uses. Nothing in this ordinance shall be deemed to prevent the
voluntary establishment of off-street parking dies lots to serve any existing use
of land or buildings even though nonconforming; provided, that all regulations
herein governing the location, design, and operation of such facilities are adhered
to.
(2) Mixed Occupancies. In the case of mixed uses, the total requirements for the
various uses shall be computed separately. Where a lot contains one or more
buildings containing three or more separate commercial businesses developed and
managed as a unit, the parking ratio for "Shopping Center" may be applied to the
property as a whole.
(3) Off -Street Parking and Joint Use. The Zoning Administrator may authorize off -
site parking facilities for the following uses or activities under conditions specified:
(a) Off -Site Parking. Off -site parking yeas lots are typically off -site lots
utilized solely for parking by the lot being served. The off -site parking lot
must abut a public or private street or alley and shall be owned or leased by
the owner or lessee of the lot being served. Such parking lot shall have a
recorded land covenant and easement which requires such land to be
maintained as a parking lot so long as the building and/or use served is in
operation or until another suitable parking area is established to the
satisfaction of the Zoning Administrator. Off -site parking yeas lots may
also be developed as shared parking lots with another use provided that both
the lot being served and the lot where the parking is located satisfy the
minimum number of required parking spaces.
(b) Joint Use.
1. Up to 50% of the parking f4eilities spaces required by this ordinance
for primarily "night time" uses such as theaters, bowling alleys,
bars, restaurants and related uses, may be supplied by certain other
types of buildings or uses herein referred to as "day time" uses such
as banks, offices, retail and personal service shops, clothing, food,
furniture, manufacturing or wholesale and related uses.
2. Up to 50% of the parking faeilifies spaces required by this ordinance
for primarily "day time" uses may be supplied by primarily "night
time" uses.
3. Up to 100% of the parking faeikfies spaces required by this
ordinance for a church building or for an assembly facility incidental
to a public or private school, may be supplied by the off-street
parking facilifies lots provided by uses primarily of a "day time"
nature.
(c) Conditions Required for Joint Use. The building or use for which
application is being made to utilize the off-street parking faeilifies lot
provided by another building or use shall be located within 300 feet of such
parking faeilifies lot in addition to which:
1. The applicant shall show that there is no substantial conflict in the
principal operating hours of the two buildings or uses for which joint
use of off-street parking faeilifies lot is proposed; and
2. The applicant shall present to the Zoning Administrator a properly
drawn legal instrument to be recorded with the county clerk and
recorder, executed by the parties concerned for joint use of off-street
parking facilities and approved as to form and manner of execution
by the city attorney; such instrument to be filed with the Zoning
Administrator.
(4) Access Standards. Access to businesses, service stations, roadside stands, public
parking lots and all other businesses requiring motor vehicle access shall meet the
requirements as hereinafter provided or as prescribed by the State of Montana
pursuant to the Approach Standards for Montana Highways (whichever
requirements are greater).
(a) Fences, walls, landscaping, or other obstructions to view which are higher
than 30 inches (measured from the level of the established top -of -street curb
grade or, if there is no curb, the adjacent street level) shall not be located in
any area within the isosceles triangle having sides of 10 feet along the edge
of a private drive/parking lot access and along (i) the inside edge of the
sidewalk, or (ii) if there is no sidewalk, the curb line.
(b) Access onto public rights -of -way shall be controlled and be limited to no
more than two approaches per 100 feet.
(c) Parking afeas lots and driveways serving €ettf three or more dwelling units
and all other uses shall be arranged to permit vehicular traffic to move into
and out of parking afeas lots, driveways, and ramps without the backing of
any vehicle onto a street or highway.
(d) Parking areas lots, driveways, maneuvering aisles, ramps, and turnaround
areas shall be kept free and clear of obstructions at all times.
(e) In all cases where there is an existing curb and gutter or sidewalk on the
street, the applicant for a permit shall provide a safety island (boulevard)
along the entire frontage of the property, except in the area of the permitted
driveways if required by the Site Development Review Committee. The
boulevard shall be bounded by concrete curb, the height, location and
structural specifications of which shall be approved by the Site
Development Review Committee.
(f) Where there is no existing curb and gutter or sidewalk, the applicant shall
install such curb, gutter and sidewalk and, except for the driveways, shall
install a landscaped boulevard along the entire length of the property line if
required by the Site Development Review Committee.
(g) No two driveway/access roadways shall be closer to each other than 12 feet
on the same parcel, and no roadway shall be closer to a side property line
than two feet.
(6) Parking Districts: ...
(d) B-3 (Core Area — Business). Property located in the B-3 zone shall have
the minimum number of off-street parking spaces required under section
27.24.050 reduced by 50%.
27.24.050: Minimum Standards By Use.
(7) The following table provides minimum parking standards by use:
Minimum Parking Standards By Use
Residential: I Single Family Residence, Accessory Single
Family, and Duplex: 2 spaces per unit.
Multi -family: 1 space per efficiency unit and -2-1_5
spaces per units with one or more bedrooms.
Bed and Breakfast: 2 spaces plus .5 per sleeping
room.
Rooming Houses and Dormitories: Minimum of 1
space per sleeping room (more may be required
under the conditional use permit process).
Shelters, Public and Private: 1 space per 5
occupants.
Convalescent or Nursing Homes for Aged,
Disable or Handicapped: 1 space per 8 beds plus 1
space per employee/maximum shift.
Elderly Housing (projects qualifying under
federal regulations) and Assisted Living
Complexes: 1 space per 2 dwelling units.
CHAPTER 27.26
OUTDOOR LIGHTING STANDARDS
Sections:
27.26.040 Specific Standards:
(2) The level of lighting shall not exceed 0.3 foot candles at any residential property
line or 1.0 foot candles at any non-residential property line, except that the
measurement along any right-of-way shall be taken from the curb line, or, if
there is no curb, the edge of the asphalt. Measurements shall be taken from
ground level. If a side or rear property line is adjacent to a parking lot, the
maximum foot candle measurement may be exceeded provided that the increase is
otherwise designed to meet the intent of this ordinance.
CHAPTER 27.29
ADMENDMENTS AND CHANGES
Sections:
27.29.030: Hearing for Amendment. The Zoning Commission shall hold public hearings on the
matters referred to in such initiation or petition at which parties in interest and citizens
shall have an opportunity to be heard.
(3) Names and addresses of adjoining property owners will be pie assembled
by the city planning department by the ^ „Bean+ and will be eeftified by the ^ r�
ell fy an r-eeer-def's ff; of an „thefizoa title
CHAPTER 27.33
CONDITIONAL USE PERNHTS
27.33.040: Administrative Conditional Use Permits
(1) Administrative uses fall into three categories:
(a) Designated as ACUP in the zoning district standards or otherwise provided
for in the ordinance;
(b) Up to 25% cumulative expansions of non -conforming uses (see Section
27.23.030); and
(c) Up to 25% cumulative expansions of existing CUPS.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.020 Bed and Breakfast
27.34.030 Building Height (Additional)
27.34.040 Casinos
height alk)'Wed ifl �heZEfflifig &446t.-(Fipfe 12)
Calculating additional building height allowance
(based on a 40 foot maximum building height)
7
s
additional building height
0
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natural grade— I
—properly line
property line natural grade
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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) Accessory C—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. An
accessory if t4e casino is eetisidefed a minef aeeessefy tise an shall meets the
pafametefs requirements of be*h C,,e Piers 2 & ^ 1..,lew this section.
rr�a�.�r�s�sesr.�ssarsss s rrr:rsa�:e..
(4 3) A casino is considered a mine accessory we 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 an
accessory casino is generally shielded or screened from view of the primary use
and patrons.
(454) The following design standards as appropriate may be placed on neither a
casino or an accessory casino:
(a) Limiting or prohibiting the on -premise signage or building from using the
following:
1. 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 and adjacent land uses.
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010: Definitions.
(92) Kennel, Animal Shelters. The boarding, breeding, raising, grooming, or training
of five or more dogs, cats, or other household pets of any age not owned by the
owner or occupant of the premises, and/or for commercial gain. Doggie day -cares
and similar uses are included within this definition.
(136) Parking lot. Any area used for the parking of one or more motor vehicles or
used for the display or storage of one or more motor vehicles, trailers, or other
similar Upmc
(renumber accordingly)
(1-5-360) 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 unless the provisions of Section 27.20.095 relating to short term
residential rental standards are met.
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
Casino (refer to Section
C-C
27.34.040)
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