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Ordinance 1591 - Amends Ord 1460 - Casino SetbacksORDINANCE NO. 1591 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1460), BY AMENDING SECTIONS 27.14.030(5), 27.15.030(3), 27.16.030(8), 27.17.030(4), AND 27.18.030(7), AND ADDING A SECTION 27.35.110, CASINO SETBACK PROVISIONS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning Ordinance, by amending the casino setback provisions, 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 so as to allow casinos to be located closer than 300 feet from another casino, parks, school, church or residential zone if the proposed casino would be a minor or incidental use (i.e. 10% of the floor space) of another primary use, such as a restaurant, in the B-2, B-3, B-4, B-5 and I-1 zones, 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-06-2A 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". 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF ATTEST: Theresa White City Clerk