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Ordinance 1632 - Zoning Text Amendment - Off Street Parking Design & Loading StandardsORDINANCE NO, 1.632 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1460), BY AMENDING SECTIONS 27.26, OFF-STREET PARKING DESIGN STANDARDS, AND 27.27, OFF-STREET LOADING DESIGN STANDARDS, DECLARING - AN EFFECTIVE HATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell zoning Ordinance, by amending Sections 27.26 and 27.27, Parking Regulations, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and zoning Commission by the Kalispell Planning Department after having been evaluated under 27.30.020, Kalispell Zoning ordinance, and WHEREAS, the Kalispell City Planning Board and zoning Commission recommended that the text of the Kalispell zoning ordinance be amended by amending sections 27.26 and 27.27, Parking Regulations, and WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-07-3 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 I. The City of Kalispell zoning ordinance, ordinance No. 1460, is hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. All parts and portions of ordinance No. 1460 not amended hereby remain unchanged. SECTION III. This ordinance shall take effect thirty (30) days after its final passage. SECTION IV. The City Attorney is hereby authorized and directed to recodify this Ordinance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 19TH DAY OF FEBRUARY, ZOOS. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk Off Street Parking - Page 1 CHAPrrER 27.26 GIFT' -STREET PARKING DESIGN STANDARDS Sections: 27.26.010 Intent 27.26.020 Permit 27.26.030 Design 27.26.040 Special Provisions 27.26.050 Minimum Standards By Use 27.26.010. Intent. The intent of this section is to reduce traffic congestion and the need for parking on public streets and hazards caused thereby, and to provide off-street parking adequate for each type of development in terms of quantity, location and design. 27.26.020: 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. Parking spaces shall be reviewed whenever a change of use increases the amount of required parking, except for properties within the boundaries of the Special Parking Maintenance District No. 2. 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. 27.26.030: 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. Location. Off-street parking facilities shall be located as herein -after specified. when a distance is specified, such distance shall be in walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. Parking 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 provided that the parking for separate units within a duplex does not conflict. For any use other than single family residential and Off Street Parking - Page 2 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. See Section 27.26.040(4)(a) regarding requirements for off - site parking; (c}. Required parking spaces shall not be located in any required front, side corner, or side yard, except one required 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 in side corner setbacks on lots fifty (50) feet wide or less may be setback three (3) feet). (d). Required parking may be allowed to locate within the front and side yard setbacks in the following sections: 1). In R-5, RA-2, and RA-3 zones: i). (a). Vehicles will be allowed to park within ten feet of 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. Vehicles will be allowed to park 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 Off Street Parking - Page 3 an existing parking lot. (Note: When a designated parking lot abuts a residentially zoned property other than the R--5. RA-2, or RA-3 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: i). (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. 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. This 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, RA-2, or RA-3 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 as specified in Chapter 27.--.--.* *Reserved for future amendments to the Kalispell City Zoning ordinance. (3}. Plans. A plan of the proposed off-street parking facility 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 shall be designed in accordance to the standards of Figure 1, Appendix A. Off Street Parking - Page 4 (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. (4}. Construction, All off-street parking spaces and associated access areas shall be improved with asphalt or concrete or a comparable permanent hard surface. (5). Drainage. All off-street parking areas 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 and vehicle sales areas (excluding single family residences and duplexes) shall meet the following conditions. See also: required landscape buffer requirements listed in Section 27.26.030(2)(d). (a). A minimum of 5% of the total interior parking lot area (excluding any landscape buffer) shall be landscaped for any parking or vehicle sales area with ten (1-0) 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, at a minimum, a three foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery or trees, or a combination of the above. All landscaping to form such visual relief shall create a two foot tall minimum screen at planting. Perimeter landscaping adjoining a landscaped boulevard shall be designed in cooperation with the city parks director. Any landscaping is subject to clear vision triangle standards. (c). A performance bond maybe required to ensure compliance with this section and to cover maintenance for a period not to exceed one year after time of planting. (7). Lighting. Any lights provided to illuminate any public or private parking area or vehicle sales area shall be designed in accordance with the outdoor Lighting ordinance contained in Section 27.22.104 of these regulations. Off Street Parking - Page 5 27.26.040: Special Provisions, 1. Nonconforming Uses. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking facilities 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. �). 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). Uses Not Specified. In the case of a use not specifically mentioned below, the requirements for off. -street parking facilities shall be determined by the Zoning Administrator. Such determination shall be based upon the requirements for the most similar use listed. Off -Street Parking and Joint Use. The zoning administrator may authorize off -site parking facilities for the following uses or activities under conditions specifre : Off -Site Parking. off -site parking areas are typically off -site lots utilized solely for parking by the lot being served. The off -site parking 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 areas 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. (I). Up to 50% of the parking facilities 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 times" uses such as banks, offices, retail and personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses. Off Street Parking w Page 6 (2). Up to 50% of the parking facilities required by this ordinance for primarily "day time" uses may be supplied by primarily "night time" uses. (3). Up to 100% of the parking facilities 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 facilities 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 facilities provided by another building or use shall be located within 300 feet of such parking facilities 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 facilities is proposed; and (). 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. (5) 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). Clear vision triangles shall be observed regarding all landscaping and structures. See Chapter 27.- --, *Reserved for future amendments to the Kalispell City Zoning Ordinance. (b). Access onto public rights -of -way shall be controlled and be limited to no more than two approaches per 100 feet. (c). Parking areas and driveways serving four or more dwelling units and all other uses shall be arranged to permit vehicular traffic to move Off Street Parking w Page 7 into and out of parking areas, driveways, and ramps without the backing of any vehicle onto a street or highway. (d). Parking areas, driveways, maneuvering aisles, ramps, and turn -around 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. 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. 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). Clear Vision 'triangles. See Chapter 27.--,--.* *Reserved for future amendments to the Kalispell City Zoning Ordinance. (7). Handicapped Parking Spaces. The required number of handicapped parking spaces with the required dimensions shall be provided pursuant to federal law. (S). Downtown Parking - Special Parking Maintenance District No. 2. Property Located within Special Parking Maintenance District No. 2 South of Center Street shall provide one parking space for every (400) square feet of gross floor area, and North of Center Street shall provide one parking space for every two hundred -fifty (250) square feet of gross floor area but in no case shall more parking be required than is otherwise provided for under this article. A cash -in -lieu payment may be paid as an alternative to providing required parking spaces on -site. The money shall be paid into a fund established by the City Council and in an amount as may be set by the City Council from time to time by resolution. (9). Reductions. The number of required parking spaces maybe reduced by one parking space for every five bicycle racks (i.e. bicycle rack space for five bicycles) provided on the lot, up to a total five (5) percent reduction. Off Street Parking T Page S (10). Administrative Adjustments. See Chapter 27.--.--.* *Reserved for future amendments to the Kalispell City Zoning Ordinance. 27.26.050: Minimum Standards By Use. Required parking spaces shall be in conformance with this section and where alternative standards prevail, the greater applies in conflicting computations; where the total quota results in a fraction, the number of required spaces shall be rounded to the nearest whole number (greater than zero). Parking spaces within a structure, such as carports, garages, and parking garages, shall apply toward the total parking space requirement. Where a calculation is based on gross floor area of a structure, a basement or crawl space shall be included in gross floor area if (a) the area has a clearance of seven (7) feet or more; (b) there is at least one (1) code compliant access; and (c) there is a hard floor surface such as steel, wood, or concrete. (1). Athletic Clubs: 1 space per 200 gross square feet of floor area. (}. Auditoriums, Convention Facilities and Assembly Halls: I. space per 4 fixed seats or 1 space per 40 square feet of gross floor area used for assembly purposes, whichever is greater. (3). Banks: 1 space per 300 square feet of gross floor area plus 4 spaces off- street waiting (loading) spaces per drive-in lane (2 stacking spaces per drive - up ATM). (4). Beauty and Barber Shops: 2 spaces per operator. (5). Bowling Alleys: 4 spaces per alley. (6). Business and professional offices: 1 space per 300 square feet gross floor area. (7). Cemetery: 1 space per employee. (}. Churches: 1 per 5 seats or 90 lineal inches of pew or 40 square feet of gross floor area in the largest assembly area. (9). Commercial or Trade School: 1 space per 3 students, plus 1 space per employee (including faculty) at capacity class attendance period. (10). Community and Recreation Center: 1 space per 250 square feet of gross floor area or 1 space per 4 patrons to the maximum capacity, plus 1 space per employee on the largest shift. Off Street Parking - Page 9 (11). Convenience Grocery: 1 space per 300 square feet of gross floor area, plus 1 space per gas pump located at the pump. (12). Day Care Home, Day Care Center, Group Day Care Horne or Nursery School: 1 space for teacher/employee plus 1 loading space per six students with a maximum of 2 loading spaces to be provided on the street adjacent to the property where the facilities are located. (13). Furniture, Appliance, Hardware Stores: 1 per 600 square feet gross floor area. (14). Golf Courses: 3 spaces per hole of main course, plus 1 space per tee for the driving range. (15). Grocery and Supermarkets: 1 space per 300 square feet of gross floor area. (16). Hospitals: 1 per 2 beds, excluding bassinets, plus 1 per 5 employees on maximum working shift, plus 1 per each staff doctor. (17). Hotels, Motels: 1 per sleeping room plus 1 per each 2 employees, plus 50% of the parking required for accessory restaurants, bars, and convention facilities. (1-8). Libraries, Museums and Art Galleries: 1 per each 500 square feet gross floor area. (19). Manufacturing Uses, Research Testing and Processing, Assembling all Industries, Wholesale Business (no outlet sales): 1 per 1000 square feet gross floor area. (20). Mortuaries: 1 per 5 seats or 90 lineal inches of pew or 40 square feet of gross floor area used for assembly purposes. (21). Nursery and Landscaping Supply Uses: 1 space per 300 square feet of gross floor area of inside sales or display. (22). Other Retail --If less than 5,000 square feet floor area: 1 per 300 square feet gross floor area. (23). Recreation Areas (Commercial): Less than 75,000 square feet of gross area — none required; more than 75,000 square feet or containing a structure with 800 square feet or more of gross floor area — 1 space per 10,000 square feet of gross area or I space per 1,000 square feet of gross floor area in the structure, whichever is greater. Off Street Parking - Page to (24). Private Clubs and Lodges: 1 space per 100 gross square feet. (25). Recreational Vehicle Park; 1.5 spaces per each recreational vehicle site, plus I space per employee on the largest shift. (26). Repair Services: I space per 300 square feet of gross floor area. (27). Residential: Single Family Residence, Accessory Single Family, and Duplex: 2 spaces per unit. Multi -family; 1 space per efficiency unit and 2 spaces per units with one or more bedrooms. Bed and Breakfast: Minimum of 2 spaces (more may be required under the conditional use permit process). 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, Disabled 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. (28). Restaurants and Bars: If less than 4,000 square feet floor area: l per 100 square feet gross floor area. If over 4,000 square feet floor area: 40 + l per 200 square feet gross Boor area in excess of 4,000 square feet. Drive -through facilities require 4 stacking spaces per drive -through lane (espresso stands require 3 stacking spaces per window). (29). Schools, Elementary and Junior High: 1 per each employee plus 1 space per 2 classrooms plus either (a)1 space per 4 fixed seats or (b)1 space per 40 square feet of gross floor area in the largest assembly area, whichever is greater. (30). Schools, High and Colleges. I space per 5 students plus 1 per each employee plus either (a)1 space per 4 fixed seats or (b)1 space per 40 square feet of gross floor area in the largest assembly area, whichever is greater. (31). Shopping Center. I spaces per 250 square feet of gross floor area. Off Street Parking - Page 11 (32). Skating Rink, Ice or Roller: 1 space per 300 square feet of gross floor area. (33). Stadiums, Sport Areas and. Similar open Assemblies: 1. per 8 seats plus 1 each per 100 square feet of assembly space. (34). Swimming Facility: 1 space per 75 square feet of gross water area, plus 1 space per employee on the largest shift. (35). Theaters: 1 per 4 seats. (36). Vehicle Repair and Maintenance Services: 2 spaces per bay in addition to the bay. (37). Vehicle Sales and Service: 1 space per 1,500 square feet of gross floor area plus parking required for repair and maintenance services. (38). Veterinary Clinic, Pound, Shelter, Commercial Kennel: 1 space per 400 square feet of gross floor space. (39). warehouse and Storage: 1 space per 2000 square feet of gross floor area for warehouses; 2 per manager's office for storage unit. Off Street Leading - Page 12 CHAPTER 27.27 OFF-STREET LOADING- DESIGN STANDARDS Sections: 27.27.010 Intent 27.27.020 Standards 27.27.030 Berths Required 27.27.010-0 Intent. The intent of this chapter is to reduce traffic hazards and congestion by providing off-street loading berths on the same lot as the building to be served by deliveries of goods without adverse effects on adjacent properties. 27,27,020: Standards. (I). Off-street loading berths shall be provided on the same lot as the use they serve. (2). No loading berth shall be located closer to a residentially zoned lot than 50 feet unless enclosed by a wall or solid fence, not less than six feet in height. (3). Each loading berth shall be designed with access to a public street or alley and so designed as not to interfere with traffic movement. (4). Each berth shall be at least 12 feet by 35 feet in size with a height clearance of 14 feet. (5). Loading berths shall not be considered as off-street parking spaces. (6). All or part of the required loading berths may be within buildings. 27.27.030: Berths required. off-street loading berths shall be provided in accordance with the following schedule. If more than one use is combined in one building, the fractional requirements for each use shall be added together. In situations where loading berths are shared, the number of berths can be reduced as determined by the zoning Administrator. Where uses are not specifically mentioned, the number of berths shall be determined by the zoning administrator using as a guide the most similar use listed below. Downtown Buildings in the Central Business District (B-4) without off-street loading berths may be changed from one permitted use to another permitted use without compliance of this section. Off Street Loading - Page 13 USE Schools, Auditoriums, Meeting Halls GROSS FLOOR AREA SQUARE FEET Over 20,000-50,000 5000-3001000 Each Additional 300,000 Restaurants over 10,000 Hotel, Retail, Grocery, 2500-10000 Shopping Center or office Each Additional 100,000 Building Industrial Plant, 101000-401000 Manufacturing, or Wholesale 40,000-65,000 Establishment 6500-10000 Each Additional 50,000 NUMBER OF BERTHS REQUIRED 1 2 1 1 1 l 1. 2 3 1