H2. Ordinance 1771 - Zoning Text AmendmentsPGUVNING 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
M'011 T"A
Doug Russell, City Manager �' L
PJ Sorensen, Planner
Ordinance 1771 — First Reading - General Zoning Updates
May 2, 2016
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. The City Council held a work session
on April 25, 2016, to discuss the proposals. 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 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
project.
(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. This approach has recognized that improving cellular infrastructure is beneficial to the
public and that the more co -location options available, the fewer towers 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
2
application of the chapter.
(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, when 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 acquire this Tist. Due to a recent change in state Taw, the county no
longer provides property owner 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 adjoining property ownership 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 encouraging redevelopment is a goal in
this 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 vacation rentals by owner (VRBO), 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 these 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 move to approve the
first reading of Ordinance 1771.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny one or more of the amendments, or hold some of the amendments for
further study.
ATTACHMENTS: Ordinance 1771, Amending City Zoning Regulations
Report compiled: April 26, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
rd
ORDINANCE NO. 1771
AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE KALISPELL ZONING
ORDINANCE (ORDINANCE NO. 1677) AT THE KALISPELL MUNICIPAL CODE
SECTIONS AS SET FORTH IN EXHIBIT "A", REGARDING THE INCREASE OF
MAXIMUM HEIGHTS IN ALL H, B, I AND P ZONES, INCREASING THE MAXIMUM
HEIGHT IN THE RA-1 ZONE, ELIMINATING OF THE CURRENT CUP
REQUIREMENTS FOR ADDITIONAL HEIGHT, AMENDING ACCESSORY
STRUCTURE SETBACKS, CLARIFYING THE ABILITY TO LOCATE CELLULAR
SERVICE ANTENNAE, CLARIFYING SIZE REQUIREMENTS FOR SITE BUILT AS
OPPOSED TO MANUFACTURED HOMES, REDUCING THE REQUIRED PARKING FOR
MULTI -FAMILY DWELLINGS, CLARIFYING EXISTING LANGUAGE WITHIN THE
OFF-STREET PARKING DESIGN, CHANGING THE MEASUREMENT LINE FOR SITE
LIGHTING FROM THE RIGHT-OF-WAY LINE TO THE CURB LINE, CHANGING THE
RESPONSIBILITY OF PROVIDING PROPERTY OWNERSHIP LISTS FROM THE
APPLICANT TO THE CITY, EXPLICITLY INCLUDING "DOGGIE DAY-CARE"
WITHIN THE DEFINITION OF KENNELS, REDUCING THE AMOUNT OF REQUIRED
OFF-STREET PARKING IN THE NEW B-3 (CORE AREA -BUSINESS) ZONE BY 50%,
ALLOWING SHORT TERM RESIDENTIAL RENTALS, SUCH AS VRBOS, WITH AN
ADMINISTRATIVE CONDITIONAL USE PERMIT AND SUBJECT TO CERTAIN
CONDITIONS, EXPANDING MICROBREWERY USES TO INCLUDE WINERIES,
DISTILLERIES, AND TASTING ROOMS, CLARIFYING EXISTING LANGUAGE
RELATING TO CASINOS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, from time to time it is prudent for City staff and the City Council to review and
amend its land use ordinances to reflect current trends and beneficial land use
policies that are in the best interests of the City's residents and guests; and
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 those various land use matters set forth above; 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 be amended as set forth in Exhibit "A" attached hereto
and fully incorporated herein by this reference; and
WHEREAS, the City Council has fully considered the public comment received, both written and
oral, reviewed and considered 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-16-02, as amended, as the Findings of Fact to
be applied 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 set forth fully on Exhibit "A" attached hereto and
fully incorporated herein by this reference.
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 DAY OF MAY, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.040: Property Development Standards.
(4) Maximum Building Height (ft): -3-5 40
CHAPTER 27.11
H-1 HEALTH CARE
Sections:
27.11.040: Property Development Standards.
(4) Maximum Building Height (ft) - 48 60 (64 unlimited with Conditional Use
Permit)
- HQsp 4al60
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): -3-5 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) Casinos -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 (40 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 4-200
for principal
principal
square feet) in all
structure
structure
zones except B-4
Accessory Structures
See setback
5 ft /A if
N/A
See setback for
(44-200 square feet or
for principal
to the rear of
principal
the principal
less) in all zones
structure
structure
structure
except B-4
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 housines, 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
followine performance standards are met:
(1) The property owner shall first obtain an administrative conditional use permit from the
Plannine Department (See Chapter 27.33).
(2) The number of units rented shall not exceed the allowable density for the zonine 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, includine, 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 subject 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
emereency contact notice visible from outside the front door. Otherwise, there shall be no
si2na2e 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 subiect 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 affd 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 areas are satisfied. Whenever any building is
enlarged, off-street parking shall be provided for said addition. n.,,k4ng spaces sha4l be ,-&viewe
wWhenever a change of use is proposed, the number of required parking spaces shall be reviewed.
distfietsundef . 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). hi 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 €aeil}ties 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 €aeililot 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) Parking spaces shall not be located in any required front, side corner, or
side yard, except one r-equir-e 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
t
r-------------------------------�
t
i � t
m � �
c � �
S t
t landscape buffer
inside property line property line
i
street i
boulevard 10' Clear Vision i
I i Triangle at Drive i
Entrances y�andscape buffer
$ ------ to-- ,._---Sidewalk
-- centerline of street curb
Clear Vision Triangle at Street Intersection
(d) Req,,:tir-ed pParking spaces may be allowed to locate within the front and side yard
setbacks in the following sections:
In R-5 and RA-2 zones:
a. Vehieles will be a4lewed le pafk wigiift 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. 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, B4, B-5, H-1, I-1, I-2, and P-1 zones:
VehiEleS Will be alk) edte r� Parkine spaces shall be
setback five feet 4 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 €4eililot 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)
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 area 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 areas afid .,,.,.iele sa4es afeas 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 e~ .,,.,.iele sa4es afe 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 areaer- .,,.hiele
sa4es areshall 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 €aeilifie 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 area 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.
Up to 50% of the parking €a€-s 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 €aeilitie-s spaces required by this ordinance for
primarily "day time" uses may be supplied by primarily "night time" uses.
Up to 100% of the parking €aees 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 €aeih6es 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 €aeih6es lot provided by another building
or use shall be located within 300 feet of such parking €aeilitie-s lot in addition to
which:
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 €aeih6es 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 aivas lots and driveways serving €ems three or more dwelling units and all
other uses shall be arranged to permit vehicular traffic to move into and out of parking
areas lots, driveways, and ramps without the backing of any vehicle onto a street or
highway.
(d) Parking afeas 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 parkine 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 Parkine Standards By Use
Residential: 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 alone 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 pr-ON,ided �e assembled by the city
planning department by the . pi;, af4 and will be eeffified b she , r�. elery an , , r-d
CHAPTER 27.33
CONDITIONAL USE PERMITS
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
424
Calculating additional building height allowance
(based on a 40 foot maximum building height)
, s
i
ti• r :°.os
additional building height
0� GO 00
00 �0 00
natural grade €
property line
property line natural grade
Lsethack fine L setback line
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 Ecasinos 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 44he casino is eeii .ider a
minor- aeeessefy use „a shall meets the ors requirements of both See fi ns 3 .e, n
belew this section.
(4 �) A casino is considered amino 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, toe an accessory 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 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.
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) Parkine lot. Any area used for the parkine of one or more motor vehicles or used for the
display or storage of one or more motor vehicles, trailers, or other similar items.
(renumber accordinzly)
(1-5-960)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 relatine to short term residential rental standards are met.
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
Casino (refer to Section
C
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27.34.040)
Casino-accessoLy
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C
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distilleries, and tasting
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