Ordinance 1677 - Repeals Ordinance 1460 - Amended Zoning OrdinanceORDINANCE NO. 1677
AN ORDINANCE AMENDING THE CITY OF KALISPELL ZONING REGULATIONS
CODIFIED AT CHAPTER 27 OF THE KALISPELL MUNICIPAL CODE, REPEALING
ORDINANCE 1460 AND ALL PARTS OR PORTIONS OF OTHER ORDINANCES IN
CONFLICT HEREWITH, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE
CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the City of Kalispell submitted a written request to update the Zoning Regulations for the
purpose of making the regulations more accessible to the public and to better reflect the
current use patterns existing in the city today; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission
by the Kalispell Planning Department and evaluated pursuant to the terms of 76-3-504,
Montana Code Annotated; and
WHEREAS, on January 12, 2010, after discussing and analyzing the zoning regulations in numerous
public workshop sessions, the Kalispell City Planning Board and Zoning Commission
held a duly noticed public hearing and upon receiving written and oral evidence from the
public, made its recommendation to the Council that the Zoning Regulations be amended
to incorporate those changes as set forth in Exhibit "A"; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the
transmittal from the Kalispell City Planning Board and Zoning Commission and hereby
adopts the findings presented in Kalispell Planning Department report KZTA-10-1 as the
Findings of Fact as support for the enactment of 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 Regulations are hereby amended to read as
set forth in Exhibit "A", attached hereto and incorporated fully herein by
this reference.
SECTION II. Ordinance 1460 of the City, and all parts or portions of other ordinances
of the City in conflict herewith, are hereby repealed.
SECTION III. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION IV. 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 19TH DAY OF JULY, 2010. -
Tammi Fisher
ATTEST: Mayor
R, A
Theresa White
City Clerk
PLkNNING FOR
FIJCU[iE
NT"A
ZONING
ORDINANCE
CITY OF KALISPELL
ZONING ORDINANCE
Adopted by the Kalispell City Council
Ordinance No. 1677
Date: July 19, 2010
This document can be viewed, printed or downloaded at
hLtp://www.kalispell.com/planning
Prepared by:
Kalispell Planning Department
201 1" Avenue East
Kalispell, Montana 59901
(406) 758-7940
Table of Contents - ii
TABLE OF CONTENTS
CHAPTER PAGE
27.01
GENERAL PROVISIONS..................................................................................................... 5
27.02
ESTABLISHMENT OF DISTRICTS.................................................................................. 6
27.03
APPLICATION OF DISTRICT REGULATIONS.............................................................. 8
27.04
R-1 RESIDENTIAL.............................................................................................................10
27.05
R-2 RESIDENTIAL.............................................................................................................12
27.06
R-3 RESIDENTIAL.............................................................................................................14
27.07
R-4 RESIDENTIAL............................................................................................................16
27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE...........................................................18
27.09
RA-1 RESIDENTIAL APARTMENT..............................................................................20
27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE..............................................................22
27.11
H-1 HEALTH CARE...........................................................................................................24
27.12
B-1 NEIGHBORHOOD BUSINESS.................................................................................26
27.13
B-2 GENERAL BUSINESS.................................................................................................28
27.14
B-4 CENTRAL BUSINESS.................................................................................................31
27.15
B-5INDUSTRIAL-BUSINESS..........................................................................................34
27.16
I-1 LIGHT INDUSTRIAL..................................................................................................37
27.17
I-2 HEAVY INDUSTRIAL.................................................................................................40
27.18
P-1 PUBLIC.........................................................................................................................43
27.19
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)................................................45
27.20
SUPPLEMENTARY REGULATIONS..............................................................................58
27.21
ARCHITECTURAL REVIEW............................................................................................71
27.22
SIGN REGULATIONS........................................................................................................75
27.23
NONCONFORMING LOTS, USES AND STRUCTURES..............................................96
27.24
OFF-STREET PARKING DESIGN STANDARDS.........................................................99
27.25
OFF-STREET LOADING DESIGN STANDARDS......................................................113
27.26
OUTDOOR LIGHTING STANDARDS.........................................................................115
27.27
ZONING ADMINISTRATOR.........................................................................................123
27.28
ZONING COMMISSION..................................................................................................125
27.29
ADMENDMENTS AND CHANGES...............................................................................126
27.30
BOARD OF ADJUSTMENT...........................................................................................129
Table of Contents - ii
CHAPTER PAGE
27.31 APPEALS...........................................................................................................................131
27.32 VARIANCES......................................................................................................................133
27.33 CONDITIONAL USE PERMITS.................................................................................... 136
27.34 ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES ............. 143
27.35 ADMINISTRATIVE ADJUSTMENTS.......................................................................... 152
27.36 ENFORCEMENT..............................................................................................................155
27.37 DEFINITIONS..................................................................................................................156
APPENDIX A MINIMUM PARKING LOT REQUIREMENTS ............................................. 189
APPENDIX B TABLE OF USES ALLOWED BY ZONE ......................................................... 192
APPENDIX C PROPERTY DEVELOPMENT STANDARDS FOR ALL USES ................... 197
General Provisions - 5
CHAPTER 27.01
GENERAL PROVISIONS
Sections:
27.01.010: Title. This title and all chapters herein shall be known and cited as the "City
of Kalispell Zoning Ordinance" in accordance with and exercising the
authority of the laws of the State of Montana, 76-2-301, M.C.A.
27.01.020: Severability. Where any word, phrase, clause, sentence, paragraph, or
section, or other part of these regulations is held invalid by a court of
competent jurisdiction, such judgment shall affect only that part held invalid.
27.01.030 Repealing Clause. Ordinance Number 1460 of the City of Kalispell,
Montana, and all parts or portions of other ordinances in conflict herewith, are
hereby repealed.
27.01.040 Purpose. The purpose of this ordinance is to promote the health, safety
and general welfare of the community; to promote the visual and aesthetic
objectives of the community; to conserve energy and natural resources; to
lessen congestion in the streets and to provide adequate accommodations for
transportation of people and goods; to provide adequate light and air; to
promote the efficient use of land; to facilitate the provision of transportation,
water, sewer, schools, parks, stormwater management, other public
requirements and environmental needs; to promote orderly development
according to the Kalispell Growth Policy and other adopted city land use and
facilities policies; to secure safety from fire, panic, and other dangers; to
regulate and restrict the height, number of stories, and size of buildings and
other structures, the percentage of lot that may be occupied, the size of yards
and other open spaces, and the location and use of buildings, structures and
land for trade, industry, residences and/or other purposes.
Establishment of Districts - 6
CHAPTER 27.02
ESTABLISHMENT OF DISTRICTS
Sections:
27.02.010: Official Zoning Map. The city is hereby divided into zones or
districts, as shown on the official zoning map, which, together with all
explanatory matter thereon, is hereby adopted by reference and declared to be
a part of this chapter. Within such districts, the city will regulate and restrict
the creation, construction, reconstruction, alteration, repair, or use of
buildings, structures, or land.
For the purpose of this chapter, the city is hereby divided and classified into
the following use districts:
(1)
R-1:
Residential
(2)
R-2:
Residential
(3)
R-3:
Residential
(4)
R-4:
Residential
(5)
R-5:
Residential/Professional Office
(6)
RA-1:
Residential Apartment
(7)
RA-2:
Residential Apartment/Office
(8)
RA-3:
Combined with RA-2 under July, 2010, amendment
(9)
H-1:
Health Care
(10)
B-1:
Neighborhood Business
(11)
B-2:
General Business
(12)
B-3:
Combined with B-2 under July, 2010, amendment
(13)
B-4:
Central Business
(14)
B-5:
Industrial Business
(15)
I-1:
Light Industrial
(16)
I-2:
Heavy Industrial
(17)
P-1:
Public
(18)
PUD:
Planned Unit Development Overlays
The official zoning map, including any changes made pursuant to this
ordinance, shall be maintained by and available in the office of the Zoning
Administrator and is also available on-line at the City's website. The official
zoning map shall be the final authority as to the current zoning status of land
and water area, buildings and other structures in the city.
27.02.020: Interpretations of Boundaries. Where uncertainty exists as to the
boundaries of districts as shown on the official zoning map, the boundaries
shall be interpreted as following the nearest logical line to that shown:
(1) Boundaries indicated as approximately following the centerline of
streets, highways, or alleys shall be construed to follow such
centerlines;
Establishment of Districts - 7
(2) Boundaries indicated as approximately following platted lot lines shall
be construed as following such lot lines;
(3) Boundaries indicated as approximately following city limits shall be
construed as following such city limits;
(4) Boundaries indicated as approximately following railroad lines shall
be construed as following such railroad lines;
(5) Boundaries indicated as approximately following the centerline of
streams, rivers, canals, or ditches shall be construed as following such
centerlines;
(6) Boundaries indicated as parallel to or extensions of features indicated
on the official zoning map shall be determined by the scale on the
map;
(7) Where physical or cultural features existing on the ground are at
variance with those shown on the official zoning map or where other
circumstances or controversy arise over district boundaries, the Zoning
Administrator shall interpret the district boundary; and
(8) Where property abuts an unzoned public or private right-of-way, the
zoning designation of the property adjoining the right-of-way shall be
deemed to extend to the centerline of the right-of-way, or, if the
property on the opposite side of the right-of-way is not within the city
limits, the zoning designation shall extend to the opposite side of the
right-of-way.
27.02.030: Interpretation of Uses. If questions arise concerning the appropriate
classification of a particular use, or if the specific use is not listed, the Zoning
Administrator shall determine the appropriate classification for that use. In
interpreting use classification, the Zoning Administrator shall determine the
listed, use, if any, which is so like the requested use in purpose, function,
character, and effect as to be substantially similar to said listed use. Neither
the intent of this ordinance nor the intent of the district will be abrogated by
such classification. Appeal of the interpretation may be made pursuant to
Chapter 27.31.
Application of District Regulations- 8
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010: Application of District Regulations. Except as otherwise provided
herein, the regulations set by this chapter and Chapters 27.04 through 27.19
shall be the minimum regulations and all regulations as categorized shall
apply uniformly to each class or kind of structure or land and particularly:
(1) No building, structure or land shall hereafter be used or occupied, and
no building, structure, or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered unless it is in
conformity with all of the regulations herein specified for the district
in which it is located and a building permit, if necessary, has been
issued.
(2) No part of any yard, or other open space, or off-street parking or
loading space required about or in connection with any building for the
purpose of complying with this ordinance shall be included as part of a
yard, open space, or off-street parking or loading space similarly
required for any other building except as otherwise provided for shared
parking as set forth by Section 27.24.040(3)(a).
(3) No yard or lot existing at the time of adoption of this ordinance shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
ordinance shall meet at least the minimum requirements established by
this ordinance.
(4) The Kalispell City Council shall determine the appropriate zoning for
any and all areas to be annexed to the city but shall request a
recommendation from the Kalispell City Planning Board and Zoning
Commission. The adopted Kalispell Growth Policy and relevant legal
precedent shall be the primary considerations in the selection of an
appropriate zoning classification. When such zoning of annexed
territory is to be effective at the time of such annexation, the Planning
Board shall have held a public hearing in order that the City Council
may determine the proper zoning.
(5) The following shall be an exception to the required lot areas as set out
in Chapters 27.04 through 27.19:
(a) Lots which are non -conforming in respect to lot area
requirements.
Application of District Regulations- 9
(b) Sublots are not subject to the area, yard, or other dimensional
requirements of this ordinance, but the parent tract shall be
subject to the property development standards of each zoning
district and the density requirements set forth in this ordinance.
(6) Any building permit or other authorization issued, granted or approved
in violation of the provisions of this ordinance shall be null and void
and of no effect without the necessity of any proceedings for a
revocation or nullification thereof. Any work undertaken or use
established pursuant to any void building permit or other authorization
shall be unlawful and no action may be taken by any officer or any
employee of the city purporting to validate any such violation.
(7) Multiple contiguous lots held in common ownership may obtain a
written zoning lot determination by the Zoning Administrator. The
purpose of the zoning lot determination is to recognize the exterior
boundaries of the combined lots as a single tract of land for zoning
purposes, including the application of the area, dimensional, and
setback requirements of the zoning ordinance. Any modification of the
interior lot lines pursuant to a boundary line adjustment, amended plat
or other instrument, other than the elimination of the interior lot lines,
shall void the written zoning lot determination.
(8) No use of land shall be permitted or conditionally permitted within the
City of Kalispell that is in violation of federal, state, or local law.
R-1 Residential - 10
CHAPTER 27.04
R-1 RESIDENTIAL
Sections:
27.04.010: Intent. A transitional district intended to provide for estate -type residential
development and for the performance of limited agricultural activities. This
district would normally be located in transitional areas on the fringes of the
city and serve as a buffer between urban and rural/agricultural uses. Lots
within this zoning district may have city municipal water and/or sewer. This
zoning district would typically be found in areas designated as suburban
residential on the Kalispell Growth Policy Future Land Use Map.
27.04.020: Permitted Uses.
(1) Agricultural and horticultural uses
(2) Day care — home (12 or fewer)
(3) Dwelling - single family
(4) Home occupations (refer to Section 27.20.060)
(5) Parks
(6) Safe houses
27.04.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Cemeteries, mausoleums and columbariums
(3) Church
(4) Community center
(5) Day care — center (13 or more)
(6) Golf courses
(7) Greenhouses, nursery, landscaping materials
(8) Group home - 8 or fewer
(9) Guest house
(10) Police and fire stations
(11) Monument manufacture and sales
(12) Residential care home or facility
(13) Schools - K-12
- post -secondary
(14) Shooting and archery - indoor
- outdoor (archery only)
(15) Utilities (primary distribution site)
R-1 Residential - 11
27.04.040:
Property Development Standards.
(1) Minimum Lot Area (sq ft): 20,000
(2) Minimum Lot Width (ft): 100
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 20
Rear Yard - 20
Side Corner - 20
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 35
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Height (ft):
Front - 4
Rear - 6.5
Side - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-2 Residential - 12
CHAPTER 27.05
R-2 RESIDENTIAL
Sections:
27.05.010: Intent. A district intended to provide adequate lot areas for lower density
residential development; should have good thoroughfare access, and be in
proximity to community and neighborhood facilities, i.e., schools, parks,
shopping areas, etc. This development will normally require all public
utilities. This zoning district would typically be found in areas designated as
suburban residential on the Kalispell Growth Policy Future Land Use Map.
27.05.020: Permitted Uses.
(1) Day care — home (12 or fewer)
(2) Dwelling - single family
(3) Home occupations (refer to Section 27.20.060)
(4) Parks
(5) Safe houses
27.05.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Church
(3) Community center
(4) Day care — center (13 or more)
(5) Dwelling - townhouse (2 attached units)
- townhouse (3 or more attached units)
(6) Golf courses
(7) Group home - 8 or fewer
(8) Police and fire stations
(9) Residential care home or facility
(10) Schools — K-12
- post -secondary
(11) Utilities (primary distribution site)
27.05.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 10,000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
Attached Garage (Front/Side Corner) - 20
R-2 Residential - 13
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage: 35 %
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Fence Heights (ft):
Front Yard - 4
Side Yard - 6.5
Rear Yard - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-3 Residential - 14
CHAPTER 27.06
R-3 RESIDENTIAL
Sections:
27.06.010: Intent. A district intended to provide lot areas for urban residential
development. This district should have good thoroughfare access, and be in
proximity to community and neighborhood facilities, i.e., schools, parks,
shopping areas, etc. Development within this district must be served by all
public utilities. This zoning district would typically be found in areas
designated as suburban residential or urban residential on the Kalispell
Growth Policy Future Land Use Map.
27.06.020: Permitted Uses.
(1) Day care - home (12 or fewer)
(2) Dwelling - single family
(3) Home Occupations (Refer to Section 27.20.060)
(4) Parks
(5) Safe houses
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Church
(3) Community center
(4) Day care — center (13 or more)
(5) Dwelling - townhouse (2 attached units)
- townhouse (3 or more attached units)
(6) Golf courses
(7) Group home - 8 or fewer
(8) Police and fire stations
(9) Residential care home or facility
(10) Schools - K-12
- post -secondary
(11) Utilities (primary distribution site)
27.06.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 6,000
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
R-3 Residential - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-4 Residential - 16
CHAPTER 27.07
R-4 RESIDENTIAL
Sections:
27.07.010: Intent. This district is comprised of primarily single-family and duplex
dwellings. Development within the district will require all public utilities, and
all community facilities. This zoning district would typically be found in
areas designated as urban residential on the Kalispell Growth Policy Future
Land Use Map.
27.07.020: Permitted Uses.
(1) Day care - home (12 or fewer)
(2) Dwelling - single family
- duplex
- townhouse (2 attached units)
(3) Home Occupations (refer to Section 27.20.060)
(4) Parks
(5) Safe houses
27.07.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Church
(3) Community center
(4) Day care - center (13 or more)
(5) Dwelling - townhouse (3 or more attached units)
(6) Golf courses
(7) Group home - 8 or fewer
(8) Mobile home park
(9) Police and fire stations
(10) Residential care home or facility.
(11) Schools - K-12
- post -secondary
(12) Utilities (primary distribution site)
27.07.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 6000
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
R-4 Residential - 17
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
R-5 Residential/Professional Office - 18
CHAPTER 27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE
Sections:
27.08.010: Intent. An urban residential district intended to accommodate professional
offices where it is not deemed desirable to permit a more intensive business
activity of a retail nature. Such a district should serve as a buffer between
residential areas and other commercial districts and should be associated with
arterial or minor arterial streets. This zoning district would typically be found
in areas designated as urban mixed use on the Kalispell Growth Policy Future
Land Use Map.
27.08.020: Permitted Uses.
(1) Church
(2) Day care — home (12 or fewer)
(3) Dwelling - single family
- duplex
- townhouse (2 attached units)
(4) Funeral homes and crematoriums
(5) Home occupations (refer to Section 27.20.060)
(6) Office - professional/governmental
(7) Parks
(8) Photographic studio (no retail)
(9) Safe houses
27.08.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Community center
(3) Day care — center (13 or more)
(4) Dwelling - townhouse (3 or more attached units)
(5) Golf courses
(6) Group home - 8 or fewer
(7) Police and fire stations
(8) Residential care home or facility
(9) Schools - commercial
(10) Schools - K-12
- post -secondary
(11) Utilities (primary distribution site)
27.08.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 6,000
(2) Minimum Lot Width (ft): 50
R-5 Residential/Professional Office - 19
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
RA-1 Residential Apartment - 20
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.010: Intent. A residential district intended to provide for urban areas for multi-
family use and compatible non-residential uses of medium land use intensity.
It should be served with all public utilities and be in close proximity to
municipal services, parks, or shopping districts. This zoning district would
typically be found in areas designated as urban residential or high density
residential on the Kalispell Growth Policy Future Land Use Map.
27.09.020: Permitted Uses.
(1) Church
(2) Day care — home (12 or fewer)
(3) Dwelling - single family
- duplex
- townhouse (2 attached units)
(4) Home occupations (Refer to Section 27.20.060)
(5) Parks
(6) Safe houses
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Community center
(3) Day care - center (13 or more)
(4) Dwelling - townhouse (3 or more attached units)
- multi -family
(5) Golf courses
(6) Group home - 8 or fewer persons
- 9 or more persons
(7) Homeless shelters
(8) Police and fire stations
(9) Residential care home or facility
(10) Schools - K-12
- post -secondary
- commercial
(11) Utilities (primary distribution site)
27.09.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 6000 plus 3000 for each additional unit
beyond duplex.
(2) Minimum Lot Width (ft): 50
RA-1 Residential Apartment - 21
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
RA-2 Residential Apartment/Office - 22
CHAPTER 27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.10.010: Intent. A district to provide areas for residential development including
multi -family housing and compatible non-residential uses of high land use
intensity. This district would typically serve as a buffer zone between other
commercial districts and adjacent residential areas. The location of this district
depends on proximity to major streets, arterials, and business districts. This
district shall be located within or adjacent to business corridors, shopping
islands or the Central Business District. This zoning district would typically
be found in areas designated as urban mixed use, high density residential and
commercial on the Kalispell Growth Policy Future Land Use Map.
27.10.020: Permitted Uses.
(1)
Barber and beauty services
(2)
Catering establishments
(3)
Church
(4)
Day care - home (12 or fewer)
(5)
Dwelling - single family
- duplex
- townhouse (2 attached units)
(6)
Funeral homes and crematoriums
(7)
Home occupations (refer to Section 27.20.060)
(8)
Laundromats or dry cleaners
(9)
Office - professional/governmental
(10)
Parks
(11)
Safe houses
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Bed and breakfast
(2) Banks and financial institutions
(3) Community center
(4) Day care - center (13 or more)
(5) Dwelling - townhouse (3 or more attached units)
- multi -family
(6) Golf courses
(7) Group home - 8 or fewer persons
- 9 or more persons
(8) Homeless Shelters
(9) Libraries, museums and similar cultural facilities (Administrative
CUP)
(10) Police and fire stations
RA-2 Residential Apartment/Office - 23
(11) Office — medical with limited overnight stay
(12) Residential care home or facility
(13) Schools - K-12
- post -secondary
- commercial
(14) Utilities (primary distribution site)
27.10.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 6000 plus 1500 for each additional unit
beyond duplex.
(2) Minimum Lot Width (ft): 50
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 40
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side Corner - 6.5
(8) Signs (refer to Chapter 27.22)
27.10.050: Consolidation with RA-3 (Residential Apartment/Office).
Under the July, 2010, adopted version of the zoning ordinance, the RA-2
(High Density Residential Apartment) and the RA-3 (Residential
Apartment/Office) zones were consolidated.
H-1 Health Care - 24
CHAPTER 27.11
H-1 HEALTH CARE
Sections:
27.11.010: Intent. A zoning district intended to provide hospitals and medical facilities
and supportive services for the care of the sick, elderly and distraught. This
zone is not intended to serve the general retail or overnight accommodation
needs of the general public. This zoning district would typically be found in
areas designated as urban mixed use on the Kalispell Growth Policy Future
Land Use Map.
27.11.020: Permitted Uses.
(1) Aircraft hangers
(2) Automobile parking - surface
(3) Barber and beauty services
(4) Church
(5) Day care — home (12 or fewer)
(6) Dwelling - single family
- duplex
- townhouse (2 attached units)
(7) Funeral homes and crematoriums
(8) Home occupations (refer to Section 27.20.060)
(9) Laboratories, tech research, development and testing
(10) Office - professional/governmental
- medical with limited overnight stay
(11) Parks
(12) Restaurants
(13) Retail, limited:
-book stores
-florist
-medical supplies and equipment
-opticians
-pharmacy
-similar uses
(14) Safe houses
27.11.030: Uses Which May Be Permitted By Conditional Use Permit.
(1)
Airports and heliports
(2)
Athletic club
(3)
Auto parking - structure
(4)
Bed and breakfast
(5)
Campground/RV parks
(6)
Community center
H-1 Health Care - 25
(7) Day care - center (13 or more) (Administrative CUP)
(8) Dwelling - townhouse (3 or more attached units)
- multi -family
(9) Group home - 8 or fewer persons
- 9 or more persons
(10) Homeless shelters
(11) Hospital (including treatment centers and 24 hour care facilities)
(12) Police and fire stations
(13) Residential care home or facility
(14) Schools - K-12
- post -secondary
- commercial
(15) Utilities (primary distribution site)
27.11.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000 + 1,500 for each additional unit
beyond a duplex.
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft) - 40 (60 with Conditional Use Permit)
- Hospital - 60
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-1 Neighborhood Business - 26
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.010: Intent. A business district intended to provide certain commercial and
professional office uses where such uses are compatible with the adjacent
residential areas. This district would typically serve as a buffer between
residential areas and other commercial districts. Development scale and
pedestrian orientation are important elements of this district. This district is
also intended to provide goods and services at a neighborhood level. The
district is not intended for those businesses that require the outdoor display,
sale and/or storage of merchandise, outdoor services or operations to
accommodate large-scale commercial operations. This zoning district would
typically be found in areas designated as neighborhood commercial or urban
mixed use on the Kalispell Growth Policy Future Land Use Map.
27.12.020: Permitted Uses.
(1) Bakery
(2) Banks and financial institutions
(3) Barber and beauty services
(4) Catering establishments
(5) Churches
(6) Day care - home (12 or fewer)
(7) Dwellings - single family
- duplex
- townhouse (2 attached units)
(8) Funeral homes and crematoriums
(9) Home occupations (refer to Section 27.20.060)
(10) Laundromats and dry cleaners
(11) Media (newspaper, radio, TV)
(12) Offices - professional/governmental
(13) Pack and ship shops
(14) Parks
(15) Photographic studio
(16) Police and fire stations
(17) Post office
(18) Print and copy shops
(19) Repair shops (clothing, electronics)
(20) Restaurants (no outdoor intercom; no larger than 4,000 square feet)
(21) Retail, limited (retail enterprises no larger than 4,000 sq ft)
(22) Safe houses
(23) Schools - commercial
(24) Veterinary clinic - small animals
B-1 Neighborhood Business - 27
27.12.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1) Auto service station
(2) Bars, taverns and clubs
(3) Bed and breakfast
(4) Community center
(5) Day care - center (13 or more).
(6) Dwellings - townhouse (3 or more attached units)
- multi -family
(7) Group home - 8 or fewer persons
- 9 or more persons
(8) Libraries, museums, and similar cultural facilities
(9) Microbreweries
(10) Residential care home or facility
(11) Utilities (primary distribution site)
27.12.040 Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 35
(5) Permitted Lot Coverage (%): 50
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
B-2 General Business - 28
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.010: Intent. A district which provides for a variety of sales and service
establishments to serve both the residents of the area and the traveling public.
This district depends on the proximity to major streets and arterials and should
be located in business corridors or in islands. This zoning district would
typically be found in areas designated as commercial and urban mixed use on
the Kalispell Growth Policy Future Land Use Map.
27.13.020: Permitted Uses.
(1) Athletic club
(2) Assembly - light
(3) Auctions, indoor
(4) Auto parking - surface
(5) Auto (RV, boats, motorcycles) sales and/or repair
(6) Auto rental, limo, shuttle (taxi) services
(7) Auto service station
(8) Bakery
(9) Banks and financial institutions
(10) Barber and beauty services
(11) Bed and breakfast
(12) Bus station
(13) Car wash, auto detailing shop
(14) Catering establishments
(15) Church
(16) Community center
(17) Day care - home (12 or fewer)
- center (13 or more)
(18) Dwelling - single family
- duplex
- townhouse (2 attached units)
(19) Food bank
(20) Funeral homes and crematoriums
(21) Greenhouses, nursery centers and landscaping materials
(22) Home occupations (refer to Section 27.20.060)
(23) Hotel, motel
(24) HVAC/electrical/plumbing, sales/service
(25) Janitor services
(26) Laboratories, tech research, development and testing
(27) Laundromats or dry cleaners
(28) Libraries, museums and similar cultural facilities
(29) Lumber/building material sales (with outdoor display/storage)
B-2 General Business - 29
(30) Media (newspaper, radio, TV)
(31) Media, towers and facilities (accessory)
(32) Microbreweries
(33) Office - professional/governmental
- medical (with limited overnight stay)
(34) Pack and ship shops
(35) Parks
(36) Photographic studio
(37) Police and fire stations
(38) Print and copy shops
(39) Post office
(40) Recreation area, indoor
(41) Rental service stores and yards
(42) Repair shops - appliance
- clothing/electronics
(43) Restaurants
(44) Retail business
(45) Safe houses
(46) Schools - commercial
(47) Small engine sales, service and repair
(48) Tattoo parlor
(49) Theaters
(50) Veterinary clinic - small animals
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto or vehicle body shops
(3) Auto parking - structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV Park
(6) Casino (refer to Section 27.34.040)
(7) Contractor's storage yard
(8) Dwellings - multi -family
- townhouse (3 or more attached units)
(9) Group home - 8 or fewer persons
- 9 or more persons
(10) Homeless shelters
(11) Mini-storage/recreational vehicle storage (Administrative CUP)
(12) Recreation area, outdoor
(13) Residential care home or facility
(14) Shooting/archery - indoor (Administrative CUP)
(15) Utilities (primary distribution site)
B-2 General Business - 30
27.13.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 40 (60 with Conditional Use Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
27.13.050: Consolidation with B-3 (Community Business).
Under the July, 2010, adopted version of the zoning ordinance, the B-2
(General Business) and the B-3 (Community Business) zones were
consolidated.
B-4 Central Business - 31
CHAPTER 27.14
B-4 CENTRAL BUSINESS
Sections:
27.14.010: Intent. A business district intended to set apart that portion of the city which
forms the center for financial, commercial, governmental, professional and
cultural activities. This district is not intended for general application
throughout the planning area. This zoning district would typically be found in
areas designated as commercial on the Kalispell Growth Policy Future Land
Use Map.
27.14.020: Permitted Uses.
(1)
Athletic club
(2)
Auto parking - surface
(3)
Bed and breakfast
(4)
Bakery
(5)
Banks and financial institutions
(6)
Barber and beauty services
(7)
Bus station
(8)
Car wash, auto detailing shop
(9)
Catering establishments
(10)
Church
(11)
Community center
(12)
Day care - home (12 or fewer)
- center (13 or more)
(13)
Dwellings - single family
- duplex
- townhouse (2 attached units)
- multi -family (multi -family dwellings on the second or
higher floor are permitted)
(14) Food bank
(15) Funeral homes and crematoriums
(16) Home occupations (refer to Section 27.20.060)
(17) Hotel, motel
(18) Police and fire stations
(19) Libraries, museums and similar cultural facilities
(20) Laundromats or dry cleaners
(21) Media (newspaper, radio, TV)
(22) Media, towers and facilities (accessory)
(23) Microbreweries
(24) Office - professional/governmental
- medical with limited overnight stay
(25) Parks
(26) Pack and ship shops
B-4 Central Business - 32
27.14.030:
(27) Photographic studio
(28) Post office
(29) Print and copy shops
(30) Recreation area, indoor
(31) Repair shops (clothing, electronics)
(32) Restaurants
(33) Retail business
(34) Schools, commercial
(35) Safe houses
(36) Tattoo parlors
(37) Theaters
(38) Veterinary clinic - small animals
Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auto (RV, boat, motorcycle) sales and/or repair
(3) Auto parking - structure
(4) Auto service station
(5) Bars, taverns and clubs (Administrative CUP)
(6) Casino (refer to Section 27.34.040)
(7) Dwellings - townhouse (3 or more attached units)
- multi -family
(8) Group home - 8 or fewer persons
- 9 or more persons
(9) Homeless shelters
(10) Residential care home or facility
(11) Utilities (primary distribution site)
27.14.040: Property Development Standards.
(1) Minimum Lot Area: N/A
(2) Minimum Lot Width (ft): N/A
(3) Minimum Yards (ft):
Front Yard - N/A
Side Yard - N/A
Side Corner - N/A
Rear Yard - N/A
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 40 (unlimited with CUP)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (see Section 27.22.040)
Maximum Fence Heights (ft):
B-4 Central Business - 33
Front
- 4
Side
- 6.5
Rear
- 6.5
Side corner
- 6.5
(8) Signs (refer to Chapter 27.22)
B-5 Industrial Business - 34
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Sections:
27.15.010: Intent. A zoning district intended primarily to accommodate a variety of
business, warehouse, and light -industrial uses and incorporating these uses
into an integrated design for compatibility. Compatibility issues may be
addressed through development of an industrial -commercial park
development or through a planned unit development (PUD) overlay zoning
district. Such uses would typically not create objectionable characteristics
(such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond lot
lines. This district should be located near major arterials or rail services. This
zoning district would typically be found in areas designated as industrial or
urban mixed use on the Kalispell Growth Policy Future Land Use Map.
27.15.020: Permitted Uses.
(1) Art foundry, metal sculpture, molding and casting
(2) Assembly - light
(3) Athletic club
(4) Auctions, indoor
(5) Auto parking - surface
(6) Auto (RV, boats, motorcycles) sales and/or repair
(7) Auto rental, limo, shuttle (taxi) services
(8) Auto or vehicle body shops
(9) Auto service station
(10) Bakery
(11) Banks and financial institutions
(12) Bars, taverns and clubs
(13) Barber and beauty services
(14) Bus station
(15) Car wash, auto detailing shop
(16) Catering establishments
(17) Church
(18) Contractor's storage yards
(19) Community center
(20) Farm machinery assembly, repair and sales
(21) Fertilizer, bulk sales
(22) Film production studios
(23) Food bank
(24) Food processing - light
(25) Funeral homes and crematoriums
(26) Glazier
(27) Greenhouse, nursery centers and landscaping materials
(28) Heavy equipment, sales and service
B-5 Industrial Business - 35
(29) Hotel, motel
(30) HVAC/electrical/plumbing, sales/service
(31) Janitor services
(32) Laboratories, tech research, development and testing
(33) Laundromats or dry cleaners
(34) Laundries/dry cleaning plants
(35) Libraries, museums, and similar cultural facilities
(36) Lumber/building material sales (with outdoor display/storage)
(37) Manufacturing — light (no smoke, fumes, odor, dust)
(38) Media (newspaper, radio, TV)
(39) Media, towers and facilities (accessory)
(40) Microbreweries
(41) Monument manufacture and sale
(42) Office - professional/governmental
- medical with limited overnight stay
(43) Pack and ship shops
(44) Print and copy shops
(45) Parks
(46) Photographic studios
(47) Police and fire stations
(48) Post office
(49) Recreation area, indoor
(50) Rental service stores and yards
(51) Repair shops - appliance
- clothing/electronics
(52) Restaurants
(53) Retail business
(54) Safe houses
(55) Schools - commercial
(56) Shooting/archery - indoor
(57) Small engine sales, service and repair
(58) Tattoo parlors
(59) Taxidermy facilities
(60) Technology — research, design, engineering and telecommunication
facilities
(61) Truck and trailer rental
(62) Truck terminal
(63) Theaters
(64) Veterinary clinic - small animals
- large animals
(65) Warehousing and distribution
(66) Woodworking shops, mill work
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
B-5 Industrial Business - 36
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Casino (refer to Section 27.34.040)
(3) Feed/seed/ processing/cleaning
(4) Fuel oil/gas/petroleum products, bulk storage/sale
(5) Grain elevators
(6) Homeless shelters
(7) Kennels, animal shelters (Administrative CUP)
(8) Mini storage/recreational vehicle storage (Administrative CUP)
(9) Pre-release centers
(10) Recreation area, outdoor
(11) Recycling center
(12) Shooting/archery ranges — outdoor (archery only)
(13) Telecommunication towers, cellular communication towers (including
radio, TV, internet, phone and cable providers)
(14) Utility storage yards and associated offices
(15) Utilities (primary distribution site)
27.15.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard -5
Rear Yard - 10
Side Corner - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 40 (60 with Conditional Use Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front -4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs (refer to Chapter 27.22)
I-1 Light Industrial - 37
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.010: Intent. An industrial district intended to provide areas for light industrial,
research and technology. The uses would typically not create objectionable
characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.), which
extend beyond the lot lines. This zoning district would typically be restricted
to areas designated as industrial on the Kalispell Growth Policy Future Land
Use Map.
27.16.020: Permitted Uses.
(1) Auctions, indoor
(2) Aircraft maintenance/repair
(3) Art foundry, metal sculpture, molding and casting
(4) Assembly - light
(5) Auto (RV, boats, motorcycles) sales and/or repair
(6) Auto parking - surface
(7) Auto or vehicle body shops
(8) Auto service station
(9) Auto rental, limo, shuttle (taxi) services
(10) Bakery
(11) Bus station
(12) Car wash, auto detailing shop
(13) Catering establishments
(14) Contractor's storage yards
(15) Farm machinery assembly, repair and sales
(16) Feed/seed/processing/cleaning
(17) Fertilizer, bulk sales
(18) Film production studios
(19) Food bank
(20) Food processing - light
(21) Greenhouses, nursery centers, landscaping materials
(22) Glazier
(23) Heavy equipment sales and service
(24) HVAC/electrical/plumbing, sales/service
(25) Janitor services
(26) Laboratories, tech research, development and testing
(27) Laundromats or dry cleaners
(28) Laundries/dry cleaning plants
(29) Lumber/building material sales with outdoor display/storage
(30) Manufactured home sales lot
(31) Manufacturing — light (no smoke, fumes, odor, dust)
(32) Media (newspaper, radio, TV)
I-1 Light Industrial - 38
(33) Media, towers and facilities (accessory)
(34) Microbreweries
(35) Monument manufacture and sales
(36) Office — professional/governmental
(37) Pack and ship shops
(38) Parks
(39) Print and copy shops
(40) Police and fire stations
(41) Recreation area, indoor
(42) Rental service stores and yards
(43) Repair shops - appliance
- clothing/electronics
(44) Recycling center
(45) Retail, limited (showrooms only)
(46) Safe houses
(47) Schools - commercial
(48) Shooting/archery - indoor
(49) Small engine sales, service and repair
(50) Taxidermy facilities
(51) Technology — research, design, engineering and telecommunication
facilities
(52) Truck and trailer rental
(53) Truck terminal
(54) Utility storage yards and associated offices
(55) Veterinary clinic - large animal
- small animal
(56) Warehousing and distribution
(57) Woodworking shops, mill work
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(2) Auction yards, livestock
(3) Auto wrecking/salvage yards
(4) Energy production
(5) Forest products and manufacturing
(6) Fuel oil/gas/petroleum products, bulk storage/sale
(7) Grain elevators
(8) Kennels, animal shelters (Administrative CUP)
(9) Mini-storage/recreational vehicle storage (Administrative CUP)
(10) Pre-release centers
(11) Recreation area, outdoor
(12) Scrap processing yard (recycle/metal yard)
(13) Shooting/archery — outdoor (archery only)
(14) Sexually oriented business
I-1 Light Industrial - 39
(15) Telecommunication towers and cellular communication towers
(including radio, TV, internet, phone and cable providers)
(16) Utilities (primary distribution site)
27.16.040: Property Development Standards.
(1) Minimum Lot Area (ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 20
Side Yard - 10
Rear Yard - 10
Side Corner - 20
Accessory Structures - See Section 27.20.020
(4) Maximum Building Height (ft): 40 (60 with Conditional Use Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 8*
Rear - 8*
Side corner - 8*
*Option to increase side, rear and side corner fence heights by
2 feet with barbed wire
(8) Signs (refer to Chapter 27.22)
I-2 Heavy Industrial - 40
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.010: Intent. An industrial district intended to provide areas for heavy industrial
uses to accommodate heavy manufacturing, processing, fabrication and
assembling of products or materials. It is also intended that the encroachment
of non -industrial uses within the district be prevented. This zoning district
would typically be restricted to areas designated as industrial on the Kalispell
Growth Policy Future Land Use Map.
27.17.020: Permitted Uses.
(1) Auctions, indoor
(2) Auto (RV, boats, motorcycles) sales and/or repair
(3) Auto rental, limo, shuttle (taxi) services
(4) Auto or vehicle body shops
(5) Auto parking - surface
(6) Aircraft maintenance/repair
(7) Art foundry, metal sculpture, molding and casting
(8) Assembly - heavy
- light
(9) Auto service station
(10) Bakery
(11) Bus station
(12) Car wash, auto detailing shop
(13) Catering establishments
(14) Contractor's storage yards
(15) Energy production
(16) Farm machinery assembly, repair and sales
(17) Feed/seed/processing/cleaning
(18) Fertilizer, bulk sales
(19) Food processing - heavy
- light
(20) Forest products and manufacturing
(21) Foundry and metal fabrication plants
(22) Glazier
(23) Heavy equipment sales/service
(24) HVAC/electrical/plumbing, sales/service
(25) Janitor services
(26) Laboratories, tech research, development and testing
(27) Laundromats or dry cleaners
(28) Laundries and dry cleaning plants
(29) Manufacturing - light (no smoke, fumes, odor, dust)
(30) Monument manufacture and sales
I-2 Heavy Industrial - 41
(31) Microbreweries
(32) Office - professional/governmental
(33) Pack and ship shops
(34) Police and fire stations
(35) Print and copy shops
(36) Recycling center
(37) Rental service stores and yards
(38) Repair shops - appliance
(39) Retail, limited (showrooms only)
(40) Parks
(41) Safe houses
(42) Schools - commercial
(43) Shooting/archery - indoor
(44) Small engine sales, service and repair
(45) Taxidermy facilities
(46) Truck terminal
(47) Truck and trailer rental
(48) Utility storage yards and associated offices
(49) Veterinary clinic - large animals
- small animals
(50) Warehousing and distribution
(51) Woodworking shops, mill work
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Asphalt batch plants
(2) Assembly halls/stadiums/convention hall facilities (includes public fair
grounds, auditoriums, and racetracks)
(3) Auction yards, livestock
(4) Auto wrecking/salvage yards
(5) Extractive industries
(6) Fuel oil/gas/petroleum products, bulk storage/sale
(7) Grain elevators
(8) Kennels, animal shelters (Administrative CUP)
(9) Landfills
(10) Manufacturing - heavy
(11) Mini-storage/recreational vehicle storage (Administrative CUP)
(12) Pre-release centers
(13) Recreation area, outdoor
(14) Scrap processing yard (recycle/metal yard)
(15) Sexually oriented business
(16) Shooting/archery ranges - outdoor (archery only)
(17) Telecommunication towers and cellular communication towers
(including radio, TV, internet, phone and cable providers)
(18) Utilities (primary distribution site)
I-2 Heavy Industrial - 42
27.17.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 40
Side Yard - 20
Rear Yard - 40
Side Corner - 40
Accessory Structures - See Section 27.20.020
(4) Maximum Building Height (ft): 40 (60 with Conditional Use Permit)
(5) Permitted Lot Coverage (%): N/A
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 8 *
Rear - 8*
Side Corner - 8*
*Option to increase side, rear and side corner fence heights by
2 feet with barbed wire
(8) Signs (refer to Chapter 27.22)
P-1 Public - 43
CHAPTER 27.18
P-1 PUBLIC
Sections:
27.18.010: Intent. A public district intended to provide and reserve areas for public uses in order to
preserve and provide adequate land for a variety of community facilities which serve the
public health, safety and general welfare. Such public uses would include schools, public
buildings, parks, airports, jails, utilities, etc. This zoning district would typically be found
in the public land use designation as shown on the Kalispell Growth Policy Future Land
Use Map but can be applied to any land use designation.
27.18.020: Permitted Uses.
(1) Aircraft hangers
(2) Auto parking - surface
- structure
(3) Bus station
(4) Community center
(5) Food bank
(6) Libraries, museums and similar cultural facilities
(7) Office — professional/governmental
(8) Parks
(9) Police and fire stations
(10) Post office
(11) Safe houses
27.18.030: Uses Which May Be Permitted By Conditional Use Permit.
(1) Aircraft maintenance/repair
(2) Airports and heliports
(3) Assembly halls/stadiums/convention hall facilities (includes public fair grounds,
auditoriums, and racetracks)
(4) Cemeteries, mausoleums and columbariums
(5) Energy production
(6) Golf courses
(7) Homeless shelters
(8) Hospital (including treatment centers and 24 hour care facilities)
(9) Jail facilities
(10) Landfill
(11) Monument manufacture and sale
(12) Pre-release center
(13) Recreation area, outdoor
(14) Schools - K-12
- post -secondary
P-1 Public - 44
(15) Telecommunication towers and cellular communication towers (including radio,
TV, internet, phone and cable providers)
(16) Utilities (primary distribution site)
(17) Utility storage yards and associated offices
27.18.040: Property Development Standards.
(1) Minimum Lot Area (sq ft): 7000
(2) Minimum Lot Width (ft): 70
(3) Minimum Setbacks (ft):
Front Yard - 15
Side Yard - 5
Side Corner - 10
Rear Yard - 15
Attached Garage (Front/Side Corner) - 20
Accessory Structures — See Section 27.20.020
(4) Maximum Building Height (ft): 40 (60 with Conditional Use Permit)
(5) Permitted Lot Coverage (%): 45
(6) Off -Street Parking (refer to Chapter 27.24)
(7) Fences (refer to Section 27.20.040)
Maximum Heights (ft):
Front - 4
Side - 6.5
Rear - 6.5
Side corner - 6.5
(8) Signs ( refer to Chapter 27.22)
Planned Unit Development District (PUD) - 45
CHAPTER 27.19
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sections:
27.19.010: Intent. A planned unit development district shall serve as an overlay zoning district. It
shall function in concert with one or more of the underlying zones to provide a
comprehensive, integrated development plan which will serve to modify the underlying
zone and, where appropriate, subdivision standards with the intent of providing flexibility
of architectural design and density as well as providing the option to mix land uses and
densities while preserving and enhancing the integrity and environmental values of a area.
27.19.020: General. The following application and review procedures shall apply to designation and
approval of all planned unit developments in the city.
(1) Initiation of Application: The land owner(s) or designee(s) shall schedule a pre -
application meeting with the planning department prior to official submission of a
PUD application. The PUD application shall be submitted on a form provided by
the city. Where multiple owners of the property or properties exist, all owners shall
either sign the application or submit a letter of consent authorizing submission of
the PUD application.
(2) PUD Application Thresholds: It is anticipated that PUD applications will be
submitted in one of two forms, a PUD full application meeting all the requirements
of this section and a PUD Placeholder application which serves as a place marker
for a future PUD application. Within any PUD application it is possible to
incorporate one or both of the categories listed below:
(a) PUD Full Application — This application will be processed in accordance
with the full provision of this chapter and will require the submission of all
application materials required in Section (3) PUD Application Materials
below.
(b) PUD Placeholder Application — This submittal typically is involved with
annexation and initial zoning or a rezoning in which the applicant requests a
PUD designation noting the applicant's intent to develop a PUD and enter
into a development agreement with the city, binding the property to a future
PUD application but not providing any application materials or
development plan nor receiving any entitlements other than a commitment
between the city and the applicant that if development is to proceed it will
be done via the PUD process. Prior to development of the PUD the
applicant would proceed using the full PUD application process.
(3) PUD Application Materials. The full PUD application submittal shall contain the
following information in the form of an overall PUD development plan and
supporting text:
Planned Unit Development District (PUD) - 46
(a) A listing of each deviation or class of deviation from the underlying zoning
district and a justification of the appropriateness for the deviation;
(b) A listing of each deviation or class of deviation from the city subdivision
regulations design standards and a justification of the appropriateness for
the deviation;
(c) An existing topo map showing existing building and features and a
proposed topo map showing proposed topography using one to five foot
intervals drawn to a scale not less than one inch equals 200 feet showing all
proposed streets, lots, buildings, open space, wetlands, floodplain,
environmental hazards, storm water facilities and other elements basic to
the development;
(d) Proposed locations, areas, densities and types of residential and
nonresidential uses and structures within the area proposed to be developed
and maximum height of buildings or structure;
(e) Proposed plans for handling:
1. Vehicular traffic;
2. Pedestrian traffic routes & trails including safe routes to school;
3. Sewage disposal; conceptual storm water drainage and water supply;
4. Parks and open space;
5. Parking;
6. Prominent landscaping, buffering, site perimeter and entrance
treatment features;
7. Club houses, sales offices;
8. Retaining wall work in excess of 3 feet in height;
9. Common fencing designs and locations where proposed;
10. Commercial, directional and entrance signage;
11. Street lighting and parking lot lighting where applicable;
12. Any other pertinent site development features.
(f) Elevation drawings which demonstrate visually the general architectural
features of each proposed building or architecturally distinct group or type
of buildings and the site perimeter treatment. Note — This may be waived by
the Zoning Administrator on a case specific situation for uses listed below
which may include but are not limited to:
1. Single family detached housing when the lots equal or exceed the
minimum lot size of the underlying zone; and
2. Two unit townhouse or duplex development which is alley loaded
and the lots equal or exceed the minimum lot size of the underlying
zone.
Planned Unit Development District (PUD) - 47
(g) The PUD plan shall show the boundary lines of adjacent subdivided or un-
subdivided land and the existing zoning of the area proposed for the PUD
overlay;
(h) A timeline expressing the order in which the development shall occur and
estimated time for completing key components or phases;
(i) Adequate provision for a homeowners association or other public or private
management organization to provide for the operation and maintenance of
all private (non -governmental) common facilities including any private
streets or alley ways, homeowners parks, club houses, sales offices, open
space, trails, recreational facilities and amenities, shared parking facilities,
private lighting systems, subdivision entrance signage and common mail
receptacles;
(j) Adequate provisions shall be made for maintenance of all public common
facilities (e.g. a trail or park) which are developed on public land, but
intended to be maintained by a private organization or homeowners
association;
(k) Where a PUD also involves a subdivision of land, it shall also meet the
application requirements of the Kalispell Subdivision Regulations and the
Montana Subdivision and Platting Act at the time the preliminary plat is
submitted;
(1) For multi -phase projects to be developed over a long period of time or
where project components are proposed which may not be built for many
years;
1. The first phase of development must comply with the full
application process outlined above.
2. Each phase of a multi -phase PUD must be able to be free standing.
3. Each phase of a PUD shall not exceed the density provisions of the
underlying zone as limited by the PUD. Where a phase is proposed
that complies with the overall PUD plan but the actual density of the
particular phase may exceed the average density allowed by the
underlying zone and PUD agreement, the applicant shall either
provide the necessary corresponding open space or park facilities or
suitably bond for them for development in a latter phase.
4. Future phase or major development components may show
conceptual street designs, proposed park and open space areas, trail
concepts, proposed residential density, housing types (single family,
Planned Unit Development District (PUD) - 48
townhouse, apartment, etc.) and commercial areas versus detailed
lot, block, street and park development and building designs. Based
on a finding and associated conditions placed on the PUD at time of
approval, the applicant may be required to provide more specific
information prior to development of succeeding phases based on one
of the following processes: (Note: The planning staff, Planning
Board or council, at their discretion, may also request additional or
more complete information relative to the future phases or
components prior to recommending or granting initial PUD
approval).
a. A finding that the outstanding items are significant and
therefore future phases or components should follow the full
PUD application process;
b. A finding that the outstanding items are generally minor and
therefore future phases or components should be reviewed
under the conditional use permit process; or
C. A finding that the outstanding issues are insignificant and
therefore future phases or components should be subject to
administrative review by the Kalispell Site Review
Committee; or
d. A combination of the above provisions.
(m) Any other information, plans and details which the city staff, Planning
Board and/or City Council may request to fully evaluate the development
proposal and its impacts.
(4) Review of Application: Upon submission of the application the Zoning
Commission shall review such application based on the following:
(a) The compliance of the proposed PUD with the city growth policy and in
particular the density and use policies of the plan;
(b) The extent to which the PUD departs from the underlying zoning and the
reasons why such departures are or are not deemed to be in the public
interest, and the mitigating conditions that the PUD provides to address the
deviations;
(c) The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such
departures are deemed to be in the public interest, and the mitigating
conditions that the PUD provides to address the deviations;
Planned Unit Development District (PUD) - 49
(d) The overall internal integrity of the PUD including the appropriate use of
internal design elements, the use of buffers between different land uses, the
use of transitions between uses of greater and lesser intensity, the use of
enhanced design features to provide connectedness for both vehicle and
pedestrian traffic throughout the PUD and the use of innovative and
traditional design to foster more livable neighborhoods;
(e) The nature and extent of the public parks and common open space in the
PUD, the reliability of the proposal for maintenance and conservation of
these areas and the adequacy or inadequacy of the amount and function of
the parks and open space in terms of the land use, densities and dwelling
types proposed in the PUD;
(f) The manner in which the PUD plan makes adequate provision for public
services, provides adequate control over vehicular traffic and furthers the
amenities of recreation and visual enjoyment;
(g) The relationship, beneficial or adverse, of the PUD plan upon the
neighborhood in which it is proposed to be established in concert with the
underlying zone;
(h) In the case of a plan which proposes development over a period of years,
the sufficiency of the terms and conditions proposed to protect and maintain
the integrity of the PUD; and
(i) Conformity with all applicable provisions of this chapter.
(5) Action by the Zoning Commission.
(a) The Zoning Commission shall hold at least one work session on a proposed
PUD plan prior to any public hearing. The work session is intended for
information purposes only to inform both the public and the commission
about the various aspects of the project. It is not intended to be a public
hearing and the commission shall take no formal action on the application.
As a courtesy, all adjoining property owners shall be invited to at least one
work session. This invitation may be included within the formal public
hearing notice or it may be sent separately.
(b) The Zoning Commission shall hold a public hearing on the application
pursuant to Section 27.28.030. The Zoning Commission shall submit its
recommendations to the City Council. The Zoning Commission may
recommend approval in whole or in part, may recommend modification and
can impose conditions which will clarify facets of the PUD, implement city
Planned Unit Development District (PUD) - 50
standards, regulations or policy, or serve to mitigate potential negative
impacts, or the commission may recommend disapproval.
(6) Action by the City Council. The City Council shall consider the recommendation
of the Zoning Commission and may affirm, modify or deny the PUD. If the PUD is
approved, the applicant shall submit a final PUD in accordance with the conditions
of approval as adopted by City Council. When the City Council approves the PUD,
the area of land involved shall be re -designated as a PUD district by ordinance
which shall incorporate the final PUD including any conditions or restrictions that
may be imposed by the City Council and shall constitute the zoning for the district.
(7) Preparation and Filing of Final PUD. Upon approval of the preliminary PUD by
the City Council, the property owner(s) shall proceed with the preparation of the
final PUD plan:
(a) The final PUD plan shall incorporate all the conditions imposed by the City
Council at the time of approval of the preliminary plan;
(b) The applicant shall submit three signed copies of the PUD, final plan and
related documents to the planning department. Upon approval by the
Zoning Administrator, one signed copy of the plan shall be returned to the
applicant, a signed copy shall be retained on file in the city clerk's office
and one signed copy shall be kept on file with the planning department;
(c) Upon receipt of the final PUD plan and related documents by the planning
department, the city attorney shall prepare a PUD agreement between the
city and the developer(s) binding the developer, his successors, heirs and
assigns to the terms and conditions of the PUD;
(d) The final PUD shall be submitted to the planning department in a timely
fashion following approval by the City Council but in no case shall a final
plat or building permit be issued until the final PUD plan has been
submitted and approved and the PUD agreement has been executed;
(e) Where there is a question concerning compliance with a condition of the
PUD, by either the applicant or planning staff, the issue will be forwarded
to the next available Kalispell Site Review Committee meeting. If the issue
cannot be satisfactorily resolved it shall be forwarded to City Council; and
(f) Prior to the approval of a final plat or where a subdivision is not involved
prior to issuance of a certificate of occupancy or commencement of a use
approved by a PUD, when specific aspects of the PUD are not yet
completed that are pertinent to the phase or use, the City Council shall
require bonding or any other appropriate collateral to ensure that all
required public improvements or conditions of approval specifically
required to be in place prior to final plat, occupancy or commencement of
Planned Unit Development District (PUD) - 51
use as appropriate shall be satisfactorily completed in accordance to the
approved plans, specifications and time schedule.
(8) Limitation on Rezoning. The Zoning Commission shall not initiate any
amendment to the PUD before the completion of the development as long as
development is in conformity with the approved detailed PUD and proceeding in
accordance with the time requirements imposed therein by the completion
schedule.
(9) Amending an Approved Final PUD.
(a) Once approved, a PUD may be amended by the developer(s). Proposed
amendments shall be submitted to the Kalispell Site Review Committee.
The committee shall make one of the following findings:
1. The change(s) is deemed minor in scope and may be granted or
denied with or without conditions by the Kalispell Site Review
Committee; or
2. The change(s) is deemed major, in which case the amendment(s) is
forwarded to the City Council for consideration and final action.
Note: Any action of the Kalispell Site Review Committee is
appealable to the City Council.
(b) Individual property owners within the PUD may bring forth amendments,
which shall be processed as an amendment to the official zoning map in
accordance with Chapter 27.29.
(10) Abandonment or Expiration.
The Zoning Administrator shall monitor the PUD for compliance with the
completion schedule set forth in the approved development plan and to assure that
all improvements have been made in accordance with the approved development
plan. The following procedures are to be following when the PUD fails to comply
with the completion schedule:
(a) PUD's or portions thereof which do not involve or require a subdivision:
1. If a PUD project falls out of compliance with its approved
completion schedule, notice of noncompliance with the completion
schedule shall be delivered in writing to the landowner and/or
developer;
2. No later than 30 days after the notice of noncompliance is delivered
the landowner and/or developer may request from the City Council
Planned Unit Development District (PUD) - 52
an extension of time. Said request shall set forth a proposed
completion schedule and/or new timetable for installation of the
improvements. The City Council may grant one or more
extension(s) but each extension is a matter of grace which, if
approved, may be subject to additional conditions imposed by the
City Council which may be deemed necessary to address issues that
have arisen due to the lapse in time;
3. Abandonment shall be deemed by the City Council to have occurred
when the landowner/developer is deemed to be out of compliance
with the approved completion schedule and has failed to secure an
extension as provided for in (2) above;
4. Upon the abandonment of a development authorized under this
section the City Council shall direct the Zoning Administrator to do
the following;
a. If a portion of the PUD site was developed in accordance
with the PUD, the PUD shall stay in force for that portion
already developed; and
b. For that portion of the PUD which was not developed under
the terms of the PUD, the provisions of the PUD shall lapse
and the site shall revert back to a PUD Placeholder
designation as provided for in Section 27.19.020(2)(b).
(b) PUD's which are implemented by or subject to a subdivision application the
developer has the option to request the PUD approval coincide with the
preliminary plat approval and any phasing thereof or the PUD approval may
exceed the time frame approvals of the underlying preliminary plat. In this
case the developer shall provide reasons the PUD approval should extend
beyond any preliminary plat approvals for the Planning Board and City
Council to consider:
1. If the PUD approval coincides with the underlying preliminary plat
and the preliminary plat lapses, the PUD conditions of approval for
that area shall lapse.
a. In such case the city shall notify the property owner of the
lapse of the preliminary plat and associated PUD conditions
of approval;
b. The Zoning Administrator shall modify the PUD designation
on the official zoning maintaining the underlying zoning
classification but classifying the property as a PUD
Placeholder as provided for in Section 27.19.020(2)(b).
Planned Unit Development District (PUD) - 53
2. If the PUD approval extends beyond the underlying preliminary plat
approval, the developer shall request extensions of the PUD on a
yearly basis after expiration of the underlying preliminary plat.
a. At least 30 days prior to the expiration of the PUD approval
the landowner and/or developer may request from the City
Council an additional one year extension. Said request shall
set forth a revised completion schedule and/or new timetable
for installation of the improvements and completion of the
project. The City Council may grant one or more extensions
but each extension is a matter of grace which, if approved,
may be subject to additional conditions imposed by the City
Council which may be deemed necessary to address issues
that have arisen due to the lapse in time;
b. If the PUD project fails to secure an extension or falls out of
compliance with its approved completion schedule provided
for in 2.a. above, the project will be considered abandoned.
C. Upon the abandonment of a development authorized under
this section, the City Council shall direct the Zoning
Administrator to do the following:
I_ If a portion of the PUD site was developed in
accordance with the PUD, the PUD shall stay in force
for that portion already developed;
II. For that portion of the PUD which was not developed
under the terms of the PUD, the provisions of the
PUD shall lapse and the site shall revert back to a
PUD Placeholder designation as provided for in
27.19.020(2)(b).
27.19.030: Standards for Planned Unit Development District (PUD).
(1) General Standards.
(a) Developable area of a PUD shall be defined as all land that could
potentially be available for development including land in existing or
potential lots, streets, open space and parks. Undevelopable area is defined
as land within un-buildable areas including land in a 100 year floodplain,
BPA power line easements, federally designated wetlands, and slopes in
excess of 30% unless satisfactory geotechnical information is submitted by
a licensed engineer.
(b) Both the permitted and conditionally permitted uses of the underlying zone
shall be deemed to be eligible for inclusion as permitted uses in a PUD
Planned Unit Development District (PUD) - 54
however not all such uses may be deemed appropriate within the overall
design of a particular PUD and may be limited or modified by the PUD
plan.
(2) Establishment of PUD Districts.
(a) Residential PUD District.
1. Minimum size is two acres including both developable and
undevelopable area. For PUD's less than 2 acres in size, a PUD
application may be submitted; however, such site will not be eligible
for a density bonus as provided for in table 1 below.
2. A residential PUD district may be established in areas zoned R-1
through R-5, RA-1, RA-2 and the H-1.
3. Housing types within a residential PUD may include single family,
duplex and multi -family housing arranged in attached, detached,
townhouse, apartment or condominium configurations.
4. Residential dwelling unit density: Within a proposed residential
PUD district residential densities are set forth below:
Table 1
PUD Densitv Allocation
Underlying Residential
District
Max 9 Dwelling
Units/Developable
Acre
R-1 District
1 dwelling
unit
R-2 District
3 dwelling
units
R-3 District
4 dwelling
units
R-4 District
7 dwelling
units
R-5 District
10 dwelling
units
RA-1 District
10 dwelling
units
RA-2 District
20 dwelling
units
H-1 District
20 dwelling
units
a. Table 1 provides for the maximum 9 of dwelling units per
developable acre. Developable acres are based on land in
developable area and exclude undevelopable land as defined
in 27.19.030(1)(a) above;
b. PUD's are not entitled automatically to the maximum
density allowed in Table 1 above. Density shall be
established based upon:
Planned Unit Development District (PUD) - 55
I. An analysis of the environmental factors affecting the
land;
II. Compatibility with surrounding land uses and impact
on adjacent neighborhood;
III. Availability of public infrastructure and services; and
IV. Consistency with the Kalispell Growth Policy.
C. Residential density bonuses: The maximum PUD residential
density provided for in Table 1 may be increased in the
following situations:
I. Up to a 20% increase in residential units for projects
which exceed the minimum park and open space
requirements as follows:
A 5% increase in density for each 10%
increase over and above the minimum
required developed park lands.
ii. A 5% increase in density for each 10%
increase of open space over and above the
minimum park land requirement.
iii. Up to a 20% bonus density (at a rate of two
additional housing units for each affordable
unit created) for projects which advance long
term work force housing opportunities (rental
or owner occupied housing available to
people earning up to 80% of median income).
For lots/units to be eligible they must be
associated with such organizations as Habitat
For Humanity, a local housing authority, a
single or multi -county housing assistance
organization or an incorporated land trust.
5. Commercial uses and their associated parking may be allowed in a
residential PUD district, provided:
a. Lots devoted to commercial uses and their associated
parking shall not occupy more than 10% of the developable
land area of the PUD district;
Planned Unit Development District (PUD) - 56
b. Commercial uses shall be so located, designed and operated
as to serve primarily the needs of persons within the district
and secondarily persons residing elsewhere; and
C. The acreage proposed for commercial use and its parking
shall be excluded from the gross acreage when computing
total allowable dwelling units.
6. Residential park/open space requirements:
a. The minimum park land required is based on a ratio of .03
acres per residential unit. Residential units are defined as
both owner and renter occupied units and includes single
family and multi -family attached and detached construction
but specifically excludes licensed retirement, assisted living
or nursing home units.
b. Lands considered undevelopable as provided for in
27.19.030 (1)(a) shall not be considered as meeting the
minimum park land and open space requirements.
C. The applicant shall submit a plan for development of each of
the park areas. The approved plans shall be fully
implemented by the applicant.
d. In addition to developed park lands, the PUD shall
incorporate open space features, where and when appropriate
to enhance the overall development, to serve as a necessary
noise or visual barrier or to protect sensitive areas such as
stream setbacks, floodplains, areas of steep slopes or other
fragile areas.
e. The first 20 feet of width of a required pedestrian trail
system (trail and associated easement) shall be considered a
transportation facility and shall not be counted towards any
open space of park land requirement.
(2) Commercial PUD District.
(a) Minimum size is two acres of developable area.
(b) A commercial PUD district may be established in areas zoned 13-1 through
B-5, P-1 and H-1.
(3) Industrial PUD District.
Planned Unit Development District (PUD) - 57
(a) Minimum size is two acres of developable area.
(b) An industrial PUD district may be established in areas zoned I-1, I-2, P-1
and B-5.
(4) Residential Mixed Use PUD.
(a) The minimum size is 5 acres of developable area.
(b) A residential mixed use PUD may be established in areas zoned R-1
through R-5, RA-1, RA-2, 13-1, P-1 and H-1.
(c) The predominant land use character of the PUD must be residential;
commercial uses should primarily be sized and located to address the needs
of the immediate neighborhood.
(d) The residential uses and densities appropriate to a mixed use PUD are the
same as those permitted in a residential PUD.
(e) Commercial uses appropriate to a mixed use PUD are the same as those
permitted in a commercial PUD.
(f) Incompatible industrial and commercial uses are not permitted.
(g) The combined area of all commercial/industrial lots cannot exceed 35% of
the developable area.
(5) Non -Residential Mixed Use PUD.
(a) Minimum size is two acres of developable area.
(b) A non-residential mixed use PUD may be established in any zoning district
which would allow a commercial or industrial PUD.
(c) Uses allowed under either a commercial or industrial PUD are allowed.
Supplementary Regulations - 58
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
Sections:
27.20.010
Intent
27.20.020
Accessory Uses
27.20.030
Exceptions to Height Regulations
27.20.040
Fences, Walls, and Hedges
27.20.050
Greenbelts
27.20.060
Home Occupations
27.20.070
Lots in Two Zones
27.20.080
Principal Structures
27.20.090
Safe Houses and Domestic Violence Shelters
27.20.100
Side Corner Setback Reduction
27.20.110
Single Family and Duplex Dwellings — Design Standards
27.20.120
Site Plan Review
27.20.130
Special Events
27.20.140
Structures To Have Access
27.20.150
Sublots
27.20.160
Visibility at Intersections
27.20.010: Intent. The supplementary regulations listed and described herein apply to a specific
district, to several districts, or to all districts. These regulations pertain to certain specific
uses, authorize certain exemptions, or relate to unusual conditions.
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.
(1) General Provisions. Each permitted accessory use shall:
(a) Be customarily incidental to the principal use established on the same lot;
(b) Be subordinate to and serve such principal use;
(c) Be subordinate in area, extent, and purpose to such principal use; and
(d) Contribute to the comfort, convenience, or necessity of users of such
principle use.
(2) Standards for accessory uses and structures. The following is a list of
restrictions on accessory uses and structures:
Supplementary Regulations - 59
(a) Setbacks.
Front
Side
Rear
Side Corner
Accessory Structures
See setback
5 ft
5 ft
See setback for
(larger than 200
for principal
principal
square feet) in all
structure
structure
zones except B-4
Accessory Structures
See setback
N/A
N/A
See setback for
(200 square feet or
for principal
principal
less) in all zones
structure
structure
exce t 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.
27.20.030: Exceptions to Height Regulations.
(1) The height limitations contained in any district regulations do not apply to spires,
belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain
elevators, or other agriculture buildings, telecommunication towers and cellular
communication towers and facilities, unless otherwise prohibited by Federal
Aviation Regulations, part 77.
(2) The height of any structure may be limited pursuant to requirements related to a
conditional use permit. The limitation may be less than otherwise allowed under
this ordinance.
(3) Additional height may be allowed under a conditional use permit in those zones
where additional height is provided for under the development standards.
Supplementary Regulations - 60
(4) Masts for flagpoles and antennas accessory to an allowed use shall not exceed the
height limits of the zoning district.
(5) Masts for flagpoles must be set back from the property line to prevent the intrusion
of the extended flag into or over any public right-of-way or adjoining property.
27.20.040: Fences, Walls, Hedges.
(1) Except as otherwise provided by this ordinance, no fence, hedge, or free-standing
wall shall exceed 48 inches in height anywhere within or bounding the front yard or
78 inches within the rear, side corner, or side yards when placed within the required
yard setback areas. Fences, hedges, and walls shall not interfere with clear vision
triangles. A single archway serving as a pedestrian entrance and being no more than
nine feet tall, five feet wide and four feet deep, may be attached to a fence in the
required setback area.
(2) Open wire fences exceeding the above heights may be built around schools, day
cares, tennis courts, swimming pools, or other public or quasi -public institutions
when necessary for the safety or restraint of occupants thereof. The acceptable
height of said fences shall be determined by the Zoning Administrator after giving
consideration to the character of the neighborhood, available options on -site, and
purpose of the fence.
(3) Security fences are allowed on side and rear yards up to 8 feet in height when used
to enclose commercial or industrial storage yards. Barbed wire may be used along
the upper one-third portion of the fence (up to a total of 2 feet). Barbed wire is
not permitted within the front or side corner setback area.
(4) Except where necessary to contain livestock and as otherwise indicated in (3)
above, no barbed wire or other sharp fencing materials and no electrically charged
fences shall be erected or maintained in any district created by this code. When
electrically charged fences are used, such fence shall be posted with warning signs
at intervals not to exceed 150 feet where such fences are adjacent to public rights -
of -way or other zoning districts.
27.20.050: Greenbelts.
(1) All sites in a "B" or "I" classified district having a common boundary with an "R",
"H", or "RA" classified property, shall erect and maintain a view -obscuring fence
or dense, coniferous hedge along such common boundary. Fences shall not be less
than six feet in height. Hedges shall be subject to approval by the parks department.
Any vegetation shall be a minimum of 3 feet in height at planting and obtain a
height of not less than six feet at maturity. Where the wall of a building, or public
alley, or public street is on such common boundary, no separate wall, fence or
hedge need be installed along that portion of the boundary occupied by such
Supplementary Regulations - 61
building, street, or alley. Fences and hedges utilized as greenbelts are subject to the
height limitations for the district in which they are located.
(2) Fences or greenbelts erected as a requirement of this section shall be maintained in
a neat and orderly manner, and any vegetation shall be healthy and attractive.
27.20.060: Home Occupations. Home occupations are allowed in conjunction with any residential
use that is a primary residence for the occupant(s) provided that:
(1) The home occupation is clearly incidental and secondary to the use of the property
as a residence.
(2) Any commodity sold upon the premises must be produced on the premises. This is
not intended to preclude the occasional home party sales associated with such
products as Tupperware, Amway and Avon. This would include but not be limited
to music lessons, educational tutoring, consulting services, personal services and
photography studios.
(3) Home occupations would not include any type of auto, boat or RV repair,
maintenance or painting; any type of food preparation for on -site consumption or
retail sales which include items not produced on -site, or any other use which
creates traffic uncharacteristic of a residential area or requires outdoor storage of
materials.
(4) Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond
the confines of the dwelling unit or accessory building would not be in excess of
that which would normally be anticipated in a residential area.
(5) There shall be no exterior display, or exterior storage of materials, house calls after
9:00 p.m. or before 8:00 a.m., or other indication from the exterior that the dwelling
unit or accessory building is being used in part for any use other than that of a
dwelling or accessory building for purely residential purposes.
(6) There shall be no employees other than those residing on the premises.
(7) There shall be no pedestrian or vehicular traffic in excess of that which is
characteristic of a typical neighborhood of its type and shall not exceed more than
one at a time or eight all day.
(8) A wall sign flush mounted to the building not to exceed six square feet may be
allowed in association with a home occupation.
27.20.070: Lots in Two Zones. District boundaries shall, except for unique conditions or
circumstances, take into consideration property boundaries as platted and every effort shall
be made to not divide a platted lot, parcel or tract of land into two (2) or more use districts.
If, however, a property is divided into two (2) use districts, the property may be utilized in
Supplementary Regulations - 62
conformance with one zoning district or the other as long as the use is confined to that
portion of the property for which it is zoned. The remainder of the lot lying within the
other zoning classification will remain open. This is not meant to preclude the possibility
of the owner applying for a zone map amendment or subdivision of the lot to address the
situation.
27.20.080: Principal Structures. In any "B", "P", or "I" district, more than one structure housing a
permitted and customary principal use may be erected on a single lot or tract of land,
provided that yard and other requirements of this code shall be met for each structure as
though it were on an individual lot. This provision shall not apply to any lot within an "R"
district where only one principal structure is permitted. Multiple structures proposed in an
"RA" or "H" district shall be subject to approval as a conditional use.
27.20.090: Safe Houses. Safe houses are not subject to public review because of the need for
anonymity to protect the victims of domestic violence and abuse from their abusers.
However, they will be required to be reviewed and approved by the Kalispell Site
Development Review Committee for compliance with applicable health, safety and zoning
regulations prior to occupancy. Periodic inspections shall be conducted to insure
compliance with fire and life safety codes. Any inquiries or issues associated with the
review process shall be kept strictly confidential to the extent allowed by law in order to
protect the integrity, intent and operation of the safe house. Information acquired as part of
the review process will be kept confidential. Should issues arise within the neighborhood
regarding the operation of the safe house the City of Kalispell shall make every reasonable
effort to amicably resolve potential conflicts.
27.20.100: Side Corner Setback Reduction. Notwithstanding any side corner setback otherwise
required under this ordinance, if the distance between the side setback and side corner
setback (i.e. the buildable width) on a corner lot is less than 35 feet, development may
occur within the side corner setback to either a point 35 feet from the side setback or ten
feet from the side corner property line, whichever generates a lesser encroachment. (See
Figure 1).
Supplementary Regulations - 63
27.20.110:
Figure 1: Side Corner Setback Exception
SIDE OORNER SETBACK SIDE OORNER SETBACK E CEFnON
allay
aleey
property
Ilne
LU
property
I �
�
line
I
Side corner setback
s
may be reduced to
either 10' or to a
I E
I
point 36 from the
I I
ndard
r -35-
side setback line,
side corner
. _f .,
whichever generates
I * f
setback line
I"t I
the lesser reduction
- -�j L+- -�j
STREET STREET
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
and 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;
Supplementary Regulations - 64
(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.
27.20.120: Site Plan Review. The purpose of this section is to establish site design criteria and
review procedures to promote the general health and welfare by encouraging attention to
site planning and giving regard to the natural environment, creative project design, and the
character of the neighborhood or area.
(1) Application of These Procedures. These procedures shall apply to all
developments within the zoning jurisdiction of the City of Kalispell. The site plan
shall be submitted and approved prior to the issuance of any building permit for
any construction, development or any site preparation. A pre -application
conference with the city public works department and building department is
strongly encouraged prior to the preparation of any site plan or working drawings.
Distinction is made below between the procedures and standards applicable to
minor and major site plans.
(2) Application for Minor Site Plan Approval. Minor site plan approval will be
required for single family dwellings and duplexes. Exterior structural remodeling
projects, not involving an expansion of a structure or use, are also subject to minor
site plan approval when such remodeling does not involve a change of use.
(a) Two sets of working drawings including site plan for a single family
dwelling or duplex on an existing lot shall be submitted directly to the
planning and building department for review to show compliance with the
Kalispell Zoning Ordinance. The department is authorized to require any
revisions and/or attach any conditions necessary to ensure compliance.
(b) A site plan/application is required to have the following information:
1. Name, address, and phone number of owner, builder/architect and/or
engineer;
2. Building site address, lot and block number, legal description of
property, north arrow, and date;
Supplementary Regulations - 65
3. All lot lines, easements, rights -of -way, and distances to both the
wall line and the eave line of all existing and proposed structures,
drawn to a reasonable and accurate scale; and
4. Location of all buildings, parking areas, driveways (including
paving details), fences and other improvements.
(3) Major Site Plan Approval. Commercial, industrial, and multi -family
developments and remodeling of existing structures when a change of use or
structural expansion would result shall be subject to the following application and
review procedures:
(a) Site Plan Information. In addition to a completed building permit
application form, three sets of working drawings and five sets of site plans
shall be submitted incorporating the following information:
1. Boundary line of property with dimensions and a north arrow
indicator;
2. Topography contours at a minimum interval of two feet or as
determined by the public works director;
3. Adjacent streets and street rights -of -way to a distance of 150 feet,
including existing and proposed improvements such as curb, gutter,
sidewalks, bike paths, and landscape boulevard treatments/plantings;
4. Utilities and utility rights -of -way or easements;
5. All existing and proposed structures, including distances to both the
wall line and the eave line of all structures;
6. Parking facilities, including bicycle racks, landscaping, drainage,
lighting, handicap -accessible parking, typical dimensions (including
labeling angles for angled parking), traffic flow on -site, ingress and
egress points, driveways, and paving details;
7. Water bodies, floodplain, and wetlands;
8. Grading and drainage plans;
9. Location of fire hydrants and designated fire lanes/turnarounds;
10. Sidewalks, walkways, driveways, loading areas and docks, and bike
paths;
Supplementary Regulations - 66
11. Provision for handicapped accessibility, including but not limited to
wheelchair ramps, parking spaces, handrails, and curb cuts;
12. Fences and walls;
13. Exterior signs;
14. Exterior refuse collection areas;
15. Outdoor lighting plan (see Outdoor Lighting provisions,
Chapter 27.26);
16. Landscaping (detail plans showing plantings, equipment, and other
appropriate information):
a. Size of plantings, time of planting and size at maturity, and
b. Areas to be irrigated.
17. Site plan review fee as established by the City Council.
(b) Criteria for Design Review. The following criteria shall be utilized by the
Site Development Review Committee, when required, in reviewing site
plans to ensure that the purpose and intent of the zoning ordinance, city tree
ordinance, and all other applicable city ordinances are met:
1. The landscape shall be preserved in its natural state, in so far as
practical, by minimizing tree and soil removal and any grade
changes shall be in keeping with the general appearance of the
neighborhood or area, and safe, and efficient development of the
site.
2. The proposed development or physical improvements will not
impair or interfere with (a) the development, use, enjoyment or
value of other property in the vicinity; (b) the orderly development
of the neighborhood; or (c) the area as a whole.
3. Project Development.
a. The proposed development or physical improvement has a
desirable, efficient and workable interrelationship among
buildings, parking, circulation, open space, landscaping and
related activities and uses;
Supplementary Regulations - 67
b. The proposed development or physical improvement is in
character with the design qualities of other developments in
the area; and
C. Utilities are placed underground.
4. Curbs, gutters, sidewalks, and boulevard landscaping in adjacent
rights -of -way shall be developed or upgraded to current public
works design and construction standards. Travel surfaces may,
where appropriate, be required to be repaired or upgraded.
Boulevard landscaping shall include grass and tree species approved
by the parks department. Boulevard landscaping shall not include
rocks, gravel, or similar non -vegetative treatments.
5. Development or physical improvement shall provide sufficient
landscaping to assure a pleasant and aesthetic on -site environment
and provide protective screening, when necessary. This may include
landscaping for the front yard or any yard adjacent to any public
right-of-way, along any lot adjacent to a residential zone, or in
association with off-street parking areas. All landscaping shall be
continually maintained including necessary watering, weeding,
pruning and replacing, in a substantially similar manner as
approved.
(c) Review Authority for Major Site Plan Approval. A "Site Development
Review Committee" has the authority to review and require revisions to any
major site plan. Said committee shall consist of the head of each department
in the city or his/her designee and any other staff member so designated by
the city manager.
(d) Power to Amend Plans. When approving an application for a site design and
use, the Site Development Review Committee will include any or all of the
following conditions, if they find it necessary to meet the intent and purpose
and the criteria for approval of this ordinance:
1. Require such modifications in the landscaping plan as will insure
proper screening, aesthetic appearance, and use of appropriate
material within the right-of-way.
2. Require the retention of existing trees, rocks, water ponds, or
courses and other natural features.
3. Require the retention and restoration of existing historically
significant structures on the project site.
Supplementary Regulations - 68
4. Require the modification or revision of the design or remodeling of
structures, signs, accessory buildings, etc. to be consistent with all
city codes, ordinances, policies and guidelines.
5. Require on -site fire protection during the construction phase of a
proj ect.
6. Require placing all utilities underground.
7. Require new developments to provide limited controlled access onto
a public street by means of traffic signals, traffic controls and
turning islands, landscaping, or any other means necessary to insure
the viability, safety, and integrity of the public street as a true
corridor. In some cases, the city may require the developer to
provide off -site improvements and right-of-way consideration,
including but not limited to water, sanitary sewer, storm drainage,
street improvements, pedestrian ways, lighting and signalization.
The city may require the developer to also furnish the city with
appropriate engineering studies regarding the various impacts that
the development might have on the city's public facilities as per the
City's standards for design and construction.
8. Require on -site pedestrian access and connectivity to adjacent
facilities, separate pedestrian access ways, and sidewalks/bike paths.
(e) Permit Issuance for Major Site Plans. The Site Development Review
Committee shall issue a permit for the development upon a finding that all
applicable city regulations and guidelines of this section have been adhered
to.
(4) Appeals. Any applicant for site plan approval may file an appeal when aggrieved
by a decision or interpretation made by the Site Development Review Committee.
(a) A written appeal and payment of a fee as prescribed by the City Council
must be received in the office of the city manager within 30 days from the
time the officer(s) charged with the enforcement of this section have made a
written interpretation or determination on the site plan application.
(b) The city manager shall review the appeal and transmit the appeal and
associated materials to the City Council.
(c) The City Council shall act on the appeal within 30 days following receipt of
the appeal by the city manager.
(d) Decisions by the City Council shall be by Resolution. The basis for the
decision on each appeal and a detailed summary of the facts and basis
Supplementary Regulations - 69
supporting such determination shall be recorded in the decision and shall
constitute a part of the record thereof.
27.20.130: Special Events. Special events such as car shows, boat shows, RV shows, carnivals,
concerts and similar outdoor activities are permitted in the "B", "I", and "P" zones
provided they do not exceed seven days in a one month period.
27.20.140: Structures to Have Access. Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with access to an approved private street, and all structures
shall be located on lots as to provide safe convenient access for servicing, fire protection,
and required off-street parking.
27.20.150: Sublots. Sublots may be created in any zoning district other than the R-1. Sublots are
subject to subdivision approval and, if required, a conditional use permit.
(1) Site Requirements.
(a) The allowable number of sublots shall be determined by dividing the gross
area of the parent lot by the density limits of the applicable zoning district.
In the event that the design utilizes common ownership of common areas,
the area of the lot(s) plus the common area shall be divided by the density
limits of the applicable zoning district to determine the allowable number of
sublots.
(b) In no case, however, shall a sublot located in an "R" or "RA" zone have
more than one dwelling unit thereon.
(2) Building Limitations.
(a) The yard, height, and area requirements of the district shall apply to the
entire area of the parent lot.
(b) Common ownership of the yards is permitted.
(c) The shared interior property boundary(ies) Ware required to be developed at
a zero lot line.
(d) Sublots shall not be used to develop detached units. (See figure 2 below)
27.20.160: Visibility at Intersections. In any residential district, fences, signs, walls, hedges, or other
planting may be permitted in any required yard, provided that nothing shall be erected,
placed, planted, or allowed to grow in such a manner as materially to impede a clear vision
triangle. (See definitions).
Supplementary Regulations - 70
Figure 2: Sublots
BU B LOTS
ATTACHED UNITS
REQUIRED
f I3AF3ENT LOT LIME
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DETACHED UNITS
NOT ALLOWED
7 PARENT LOT LINE
LOT i A LOT 10 LOT 2A LOT 2B
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Architectural Review - 71
CHAPTER 27.21
ARCHITECTURAL REVIEW
Sections:
27.21.010
Findings and Objectives.
27.21.020
Architectural Review Committee.
27.21.030
Jurisdiction and Powers of the Architectural Review Committee.
27.21.040
Criteria and Standards.
27.21.050
Procedure.
27.21.010: Findings and Objectives.
(1) Excessive uniformity, dissimilarity, inappropriateness or poor quality of design on
the exterior appearance of structures and signs and the lack of proper attention to
site development and landscaping in Kalispell hinders the harmonious development
of the city, impairs the desirability of residences, investment or occupation in the
city, limits the opportunity to attain the optimum use and value of land and
improvement, adversely affects the stability and value of the property, produces
degeneration of property in such areas with attendant deterioration of condition
affecting the peace, health and welfare of the city, and destroys a proper
relationship between the taxable value of property and the cost of municipal
services.
(2) The purposes and objectives of architectural site design review procedure are to:
(a) Encourage originality, flexibility and innovation in site planning and
development, including the architecture, landscaping and graphic design of
said development;
(b) Discourage monotonous, drab, unsightly, dreary and inharmonious
development;
(c) Conserve the city's natural beauty and visual character and charm by
insuring that structures, signs and other improvements are properly related
to their sites, and to surrounding sites and structures, with due regard to the
aesthetic qualities of the natural terrain and landscaping, and that proper
attention is given to exterior appearances of structures, signs, and other
improvements;
(d) Protect and enhance the city's appeal to tourists and visitors and thus
support and stimulate business and industry and promote the desirability of
investment and occupancy in business, commercial and industrial
properties;
Architectural Review - 72
(e) Stabilize and improve property values and prevent blighted areas and, thus,
increase tax revenues;
(f) Achieve the beneficial influence of pleasant environments for living and
working on behavioral patterns, and thus decrease the cost of governmental
services;
(g) Foster civil pride and community spirit so as to improve the quality and
quantity or citizen participation in local government and in community
growth, change and improvement; and
(h) Sustain the comfort, health, tranquility and contentment of residents by
reason of the city's favorable environment, and thus to promote and protect
the peace, health and welfare of the city.
27.21.020: Architectural Review Committee.
(1) The mayor, with the approval of the council, shall appoint an Architectural Review
Committee (ARC) of at least five persons, each with one or more of the following
qualifications: special education, training or experience in the financing of
commercial real property, architecture, or landscape architecture; active
engagement in business, commerce or industry; and/or education, training or
experience in the area of graphic or allied arts. Whenever possible, the mayor shall
appoint individuals who are either property owners, residents or actively engaged
in business or employment in the city.
(2) The members shall serve at the pleasure of the mayor. The mayor, with approval of
the council, may remove any member of the ARC after hearing, for misconduct or
non-performance of duty. Any vacancies of the ARC shall be appointees of the
mayor with the approval of the council.
(3) The ARC may adopt and amend rules to govern the conduct of its business
including, but not limited to: Officers, quorum, voting, schedule of meetings and
records.
27.21.030: Jurisdiction and Powers of the ARC.
(1) Except for single family and duplex dwellings, no building permit shall be issued
for a new building or major remodeling of an existing building, and no sign permit
shall be issued for the construction or alteration of a sign, until the plans, drawings,
sketches and other documents required under Section 27.21.050 have been
reviewed and approved by the ARC in conformity with the criteria specified in
Section 27.21.040. Wall signs and groupings of wall signs less than 50 square feet
in area are exempt from ARC review. For purposes of this ordinance, the term
"major remodeling" shall mean any remodeling that substantially changes the
exterior appearance of the building.
Architectural Review - 73
(2) Construction, site development and landscaping, signing and graphics shall be
carried out in the substantial accord with the plans, drawings, sketches and other
documents approved by the ARC, unless altered with the ARC's approval. Nothing
in this section shall be construed to prevent ordinary repair, maintenance and
replacement of any part of the building or landscaping which does not involve a
substantial change from the goals and objectives of section 27.21.010.
27.21.040: Criteria and Standards.
(1) The following standards shall be utilized by the ARC in reviewing the plans,
drawings, sketches and other documents required under section 27.21.050. These
standards are intended to provide a frame of reference for the applicant in the
development of site and building plans as well as a method of review for the ARC.
These standards shall not be regarded as inflexible requirements. They are not
intended to discourage creativity, invention and innovation. The specifications on
one or more particular architectural style are not included in these standards.
(a) City of Kalispell, Montana, Architectural Design Standards: The project
should be designed to follow the architectural design standards.
(b) Relation of proposed buildings to environment: Proposed structures shall be
related harmoniously to the terrain and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction with
other existing buildings or other proposed buildings and the creation of
focal points with respect to avenues of approach, terrain features or other
buildings.
(c) Advertising features: The size, location, design, color, texture, lighting and
materials of all exterior signs and outdoor advertising structures or features
shall not detract from the design of proposed buildings and structures and
the surrounding properties.
(d) Special features: Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures and
similar accessory areas and structures shall be subject to such setback,
screen plantings or other screening methods as shall reasonably be required
to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
(e) Application of design standards: The standards of review outlined in this
section also apply to all accessory buildings, structures, exterior signs and
other site features, however related to the major buildings or structures.
(2) The ARC shall also be guided by the objectives of section 27.21.010, and such
objectives shall serve as additional criteria and standards.
Architectural Review - 74
27.21.050: Procedure.
(1) Submission of documents. A prospective applicant for a building or other permit,
who is subject to site design review, shall submit to the planning department the
following:
(a) A site plan, drawn to scale, showing the proposed layout of all structures
and other improvements including, where appropriate, driveways,
pedestrian walks, landscaped areas, fences, walls, off-street parking and
loading areas, and railroad tracks. The site plan shall indicate the location of
entrances and exits and the direction of traffic flow into and out of off-street
parking and loading areas, the location of each parking space and each
loading berth and areas of turning and maneuvering vehicles.
(b) A landscape plan, drawn to scale, showing the location of existing trees
proposed to be removed and to be retained on the site, the location and
design of landscaped areas, the varieties and sizes of trees and plant
materials to be planted on the site, other pertinent landscape features, and
irrigation systems required to maintain trees and plant materials.
(c) Architectural drawings or sketches, drawn to scale, including floor plans, in
sufficient detail to permit computation of yard requirements and showing all
elevations of the proposed structures and other improvements as they will
appear on completion of construction.
(d) Specifications as to type, color and texture of exterior surfaces of proposed
structures.
(e) Specifications for each exterior light fixture.
(f) A sign plan, drawn to scale, showing the location, size, design, material,
color and methods of illumination of all exterior signs.
(2) The ARC shall make a decision in a timely manner pursuant to their rules and
schedule. An applicant may appeal a decision to the City Council. The appeal shall
be filed in writing to the city manager within 30 days after the ARC has rendered
its decision at the scheduled meeting.
Sign Regulations - 75
CHAPTER 27.22
SIGN REGULATIONS
Sections:
27.22.010
Purpose
27.22.020
Scope
27.22.030
Signs Prohibited
27.22.040
Permits Required
27.22.050
Signs Not Requiring Permits
27.22.060
General Standards for all Signs
27.22.070
Reader Boards
27.22.080
Sign Area Allowances
27.22.090
Regulations for Specific Categories of Signs
27.22.100
Permitted Signs in Zones R-1, R-2, R-3, and R-4
27.22.110
Permitted Signs in Zones R-5, RA-1, RA-2, B-1 and P-1
27.22.120
Permitted Signs in Zone H-1
27.22.130
Permitted Signs in Zones B-2, B-4, B-5, I-1, and I-2
27.22.140
Construction Standards
27.22.150
Maintenance
27.22.160
Sign Permit
27.22.170
Non -Conforming Signs and Signs Without Permits
27.22.180
Exemption for Historic Signs
27.22.190
Violations
27.22.200
Enforcement and Remedies
27.22.210
Removal of Signs by the Administrator
27.22.220
Appeals and Variances
27.22.010: Purpose. The purpose of this chapter shall be to coordinate the type, placement, and
physical dimensions of signs within the different land -use zoning classifications of
Kalispell; to recognize the commercial communication requirements of all sectors of the
business community; to encourage the innovative use of design; to promote both
renovation and proper maintenance; to promote the aesthetic objectives of the city; to
improve pedestrian and traffic safety; to enhance the natural scenic qualities of the area; to
minimize the possible adverse effect of signs on nearby public and private property; to
promote the tourist economy of the city; and to guarantee equal treatment under the law
through accurate record keeping and consistent enforcement. These shall be accomplished
by regulation of the display, erection, use and maintenance of signs. The use of signs is
regulated according to zoning classifications. No sign shall be permitted as an accessory
use to a permitted or conditionally permitted use except in accordance with the provisions
of this Chapter.
27.22.020: Scope. This chapter shall not regulate official traffic or government signs; the copy and
message of signs; signs not intended to be viewed from a public right-of-way; product
dispensers and point of purchase displays; scoreboards on athletic fields; flags of any
nation, government or noncommercial organization; gravestones; religious symbols;
Sign Regulations - 76
commemorative plaques; decorative holiday light displays; traditional barber poles; the
display of street numbers; or any display or construction not defined herein as a sign.
27.22.030: Signs Prohibited. The following types of signs are prohibited in all districts: No permit
shall be issued for the erection of any signs prohibited by this section.
(1) Abandoned Signs.
(2) Inflatable signs, searchlights, beacons or other gas filled or air filled figures (except
as allowed in Section 27.22.050(1)(c)).
(3) Banners on public property or rights -of -way, except as otherwise permitted by
other city standards or policies.
(4) Signs imitating or resembling official traffic or government signs or signals.
(5) Snipe signs or signs attached to trees, telephone/electrical poles, public benches,
streetlights, or placed on any public right-of-way.
(6) Signs placed on vehicles or trailers which are parked or located for the primary
purpose of displaying said sign. (This does not apply to signs or lettering on buses,
taxis, or vehicles operating during the normal course of business).
(7) Roof signs unless architecturally incorporated (matching colors/materials/
embellishments) into the facade of the building, and mounted on a parapet wall or
similar extension of an exterior wall. No part of the sign shall extend over the wall.
(8) Any temporary or portable signs except as otherwise permitted in Section
27.22.050(1).
(9) Mechanically animated and/or flashing signs. See also Section 27.22.060(1).
(10) Any temporary or portable sandwich board signs or other portable signs located on
public sidewalks or in the public right-of-way.
27.22.040: Permits Required. Unless otherwise provided by this ordinance, all signs shall require
permits and payment of fees as described in Section 27.22.160 of this ordinance.
(1) No permit is required for the routine maintenance of a sign.
(2) Changing a face or other component of a sign is considered an alteration
of the sign and shall not be considered routine maintenance.
27.22.050: Signs Not Requiring Permits. The following types of signs are exempted from permit
requirements, but must be in conformance with all other requirements of this ordinance:
Sign Regulations - 77
(1) Allowed Temporary Signs. Signs erected on a temporary basis such as,
but not limited to, the following categories of signs:
(a) Construction Signs. No more than one sign per contractor of a building
which is under construction provided the advertising display area of such
sign shall not exceed six square feet in residential districts or 32 square feet
in other districts. The signs may be combined on a single sign not to exceed
32 square feet. Additionally, one sign is allowed which shall not exceed 16
square feet advertising the business(es) which will occupy the lot. Such
signs shall be removed within 30 days of occupancy of the building.
(b) Real Estate Signs. One two-faced sign per lot not exceeding six square feet
per sign face in residential districts or 32 square feet in other districts. A
subdivision sales sign up to 32 square feet is permitted at each entrance to a
subdivision, and shall be removed at 75% build -out of the subdivision (or
phase, if applicable).
(c) Temporary signs are allowed in association with commercial and industrial
uses for special events such as grand openings or special sales for a single
period of time not to exceed 14 total days within a 6 month period and
subject to the written approval of the Zoning Administrator.
1. Banners mounted directly on and parallel to a building wall.
2. Temporary or portable signs (such as a portable reader board or
sandwich board, etc) per lot are allowed.
3. Inflatable signs, balloons, tethered balloons, or other gas filled or air
filled figures.
(d) Political signs not exceeding 32 square feet located on private property.
(e) Campaign and election signs which are removed within 14 days after the
election.
(f) Signs associated with neighborhood garage or yard sales or similar function.
Such signs may be located on -premise or off -premise within a residential
zoning district. The signs must be removed within two days following the
sale.
(2) General Standards for Temporary Signs.
(a) A temporary sign shall not be placed on or extend over the public right-of-
way.
Sign Regulations - 78
(b) The location of a temporary sign is subject to clear vision triangle
requirements and the location requirements for freestanding/ground signs
contained in Section 27.22.090(1). The location is further subject to site
and building access requirements.
(c) A temporary sign shall be designed to be stable under all weather
conditions, including high winds.
(d) A temporary sign shall not advertise or promote any off -premise
commercial enterprise or event.
(3) Directional Signs. A sign, other than a government sign, not more than four
square feet which provides directions for traffic flow to places of business.
(4) Identification Signs. One sign per street front, setting forth or denoting the name
of any public, charitable, or religious institution when located on the premises of
such institution, provided such sign or bulletin board shall not exceed 24 square
feet in sign area per face, subject to the height for the given zoning district.
(5) Interior Window Signs. Any incidental signage erected inside of or painted on a
window or otherwise located within a building except strobe lights, blinking lights
or other such similar devices that are intended to draw attention to a use from
passing vehicular traffic. An electronic reader board within a window shall be
considered a wall sign and is subject to review as a sign requiring a permit.
(6) Subdivision Identification Signs. One sign not to exceed 24 square feet in area or
two signs not to exceed 12 square feet each per exclusive entrance to a subdivision
or tract. Such signs shall be restricted to the subdivision or development name and
shall not exceed six feet in height.
(7) Government Signs. Any sign erected by a government agency and signs
indicating utility locations.
(8) Nameplates. One per dwelling or tenant name(s) at a main entrance, not exceeding
one square foot per nameplate.
(9) Incidental Signs. Signs that are generally informational, that have a purpose
secondary to the use on the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone," and other similar directives. No sign with a
commercial message legible from a position off the zone lot on which the sign is
located shall be considered incidental.
(10) Works of art that do not include a commercial message.
Sign Regulations - 79
27.22.060: General Standards for all Signs.
(1) Signs shall not rotate, move, flash, change or blink, except if utilized by a
government agency for public safety or information.
(2) Signs, if illuminated, shall be lighted by continuous, stationary, shielded light
sources. Internally illuminated signs may not be lit at night when any face of the
sign is removed or damaged in such a way that the light may distract or intrude on
drivers or adjacent properties. Signs that have exterior lighting must be lit from
above the sign and the light shielded, except that ground lighting may be used for
ground mounted signs with a solid base. In all cases, lighting must be directed at
the surface of the sign area.
(3) Signs attached to buildings shall not extend above the wall to which they are
attached unless erected to comply with 27.22.030(7).
(4) The advertising display area for freestanding signs shall include no more than two
faces, except that more than two faces may be permitted for signs serving multiple
businesses. The advertising display area for wall signs shall be limited to a single
sign face.
27.22.070: Reader Boards.
(1) Portable or movable reader boards signs are prohibited except when used to
announce a temporary event [see 27.22.050(1)(c)].
(2) A sign may include electronic and manually changeable reader boards.
(a) No more than 25% of any sign area may incorporate an electronic reader
board.
(b) No more than 50% of any sign area may incorporate a manually changeable
reader board.
(c) In no event shall the percentage of sign area occupied by reader board
exceed 50%.
(d) The reader board portion shall be architecturally incorporated into the
overall design of the sign.
(e) No such sign shall be considered to be architecturally incorporated unless
the reader board is contiguous to the remainder of the sign face and is
bounded by the same or similar framework.
Sign Regulations - 80
(3) The electronic message shall:
(a) Not change in increments of less than five seconds;
(b) Not use flashing or blinking characters; and
(c) Not utilize streaming video.
(4) Electronic reader boards shall be set back a minimum of 25 feet from an
intersection (i.e. where right-of-way lines intersect) if the intersection contains a
traffic signal. If the reader board is located less than 25 feet from an intersection, it
shall be set back a minimum of ten feet from all right-of-way lines.
(5) Electronic reader boards may not display light of such intensity or brilliance to
cause glare or otherwise impair the vision of a driver, or results in a nuisance to the
driver. Digital sign light intensity exceeding the following intensity levels (nits)
constitutes excessive intensity or brilliance.
Intensity Levels (NITS)
Color
Daytime
Nighttime
Red Only
3150
1125
Green Only
6300
2250
Amber Only
4690
1675
Full Color
7000
2500
(6) Prior to issuance of a sign permit, the applicant shall provide written certification
from the sign manufacturer that the light intensity has been factory pre-set not to
exceed 7,000 NITS and that the intensity level is protected from end -user
manipulation by password -protected software or other method as deemed
appropriate by the Planning Department.
27.22.080: Sign Area Allowances. The maximum sign area allowance for a particular property shall
be calculated as per subsection (1) or (2) below unless otherwise specified in this Chapter.
Sign area allowances shall only be applicable to developed properties, and shall include all
conforming and nonconforming signage for which permits have been issued per Section
27.22.170. (See Figure 3 — Page 81)
(1) Building Frontage Method.
(a) When building frontage is less than 200 feet, the maximum sign area for the
property shall be as follows:
Sign Regulations - 81
ZONING
MAXIMUM SIGN AREA
CLASSIFICATION
B-2, B-4, B-5, I-1 and I-2
3 square feet per lineal foot of building
frontage length
R-5, RA-1, RA-2, 13-1 and P-1
2 square feet per lineal foot of building
frontage length
R-1, R-2, R-3 and R-4
1 square foot per lineal foot of building
frontage length
H-1
See Section 27.22.101
(b) When building frontage exceeds 200 feet, the maximum sign area shall be
equal to the maximum sign area calculated under subsection (a) of this
section plus one square foot for each additional lineal foot of frontage
beyond 200 feet.
(c) In the B-2, B-4, B-5, I-1 and 1-2 zones, shopping centers or lots containing
multiple businesses or where common signage is shared between two or
more adjacent lots, the calculation of allowable sign area shall be as per (a)
and (b) above, except the square footage allowance increases to 3-1/2
square feet and 1-1/2 square feet, respectively, provided that a common
signage plan is submitted and approved.
(d) The sign allowance shall be calculated on the basis of the length of the one
building frontage which is most nearly parallel to the street it faces. In the
event a building does not have frontage on a dedicated public street or has
frontage on more than one street, the owner of a building may designate the
one building frontage which shall be used for the purpose of calculating the
sign allowance.
(2) Lot Length Method.
(a) In lieu of using the length of building frontage as a means of calculating
sign area allowance, the calculation may be based on a ratio of one square
foot of sign allowance for each lineal foot of lot frontage along a single
public road.
(b) The lot length method is not applicable in the R-1, R-2, R-3, and R-4 zoning
districts.
Sign Regulations - 82
Figure 3: Si2n Area Allowance
N TFR IOR LO I S OMNER LOT
H
m as 4:P 4v LU
LU
v�
Ion th
11
me o0 6u11 Ing
6antage
mathod
STREET
L t ~ - ea d 1wma hw ar - +c.
E] 21 d d Z 1, it - X jl
#E Ej 3F i 1 3 X
Q d4
optional Methnd� _ �
Lot Length Matho-d
(3Q' x 1' _ 60 sq- ft-
14Z x i - 142 sq, ft.
Mullding Frontage Method
41Y x 3' = 120 sq. ft.
66' x T = 165 sq. ft-
4) N 4)
� C C
N A Q
a AI
STREET
WI
' a'
a[Ell o
building frontage
Sign Regulations - 83
27.22.090:
(3) Multi -faced Signs. All faces of a multi -sided sign shall be counted towards the
maximum sign area allowance (for example, both sides of a double -sided, double-
faced freestanding sign are counted). Signs shall not exceed a 30 degree angle.
less Omn 30 degrees
2
tee
L_
I
4•x
Figure 4: Multi -Sided Sins
greater Ow M degrees
all OM face
(4) Exception. Businesses having approved entrances from more than two collector
streets and/or arterial highways may submit a signage plan to the City Council for
their approval that exceeds the sign area allowable in this ordinance. A portion of
the proposed signage may be off -premise provided the business property does not
abut a third or fourth collector street or arterial highway and such off -premise
signage does not direct traffic through a residential zone.
Regulations for Specific Categories of Signs.
(1) Freestanding and Ground Signs.
(a) The advertising display area per sign face shall not exceed 200 square feet
except as otherwise permitted by Section 27.22.090(3).
(b) A single sign may be permitted on a lot having at least 30 feet of frontage
along a public road except up to two signs may be permitted when the
frontage of the lot along a single road exceeds 500 feet. Under this
provision, a corner lot with frontage along two public roads is eligible for a
sign along each frontage, provided that the signs may not be located within
the same building setback area.
Sign Regulations - 84
Figure 5: Freestanding Signs — Corner Lots
Sig n
STREET
------------------ •
8 da CornW Swtba& ;
;
Only 1
freestanding
sign allowed
aiopwly.Wp is
yCrf-0' SN9'f 'no
W
sc
ftn
STREET
-------------------
SadeCankxSelbeck i
poperyG s
mpt-cf WHY Ilia
1p
1 freestanding I i LU
sign allowed on i
each frontage;
� ar
I -wow
(c) Signs shall be setback from any side property line a distance equal to the
building setback in the given zoning district. This requirement does not
apply to side corner property lines. No sign shall be erected or extend over
any public right-of-way.
(d) Heights, area, and front yard setbacks of freestanding signs in the B-2, B-4,
B-5, I-1 and I-2 zones shall be permitted in accordance to Table 1. The
height, area and front yard setbacks of freestanding signs in other districts
are established under Sections 27.22.100, 27.24.110, and 27.24.120 of this
ordinance. The setback shall be measured from each street right-of-way line
adjacent to the property, and the lowest height and smallest size per face
shall apply.
Freestanding Sin Standards
Distance from Street
Maximum Height
Maximum Size
Right -Of -Way Line
Above Grade (Feet)
Allowed Per Face
(Feet)
(Square Feet)
0-10
15
60
11-20
20
80
21-30
22
90
31-40
24
120
41-50
26
150
51 and greater
28
200
(e) Signs within 50 feet (measured along the street right-of-way) of an
intersection, which exceed 42 inches in height, shall be set back at least 15
feet from the street right-of-way line or shall maintain free air space
between a height of 42 inches above the adjacent street elevation and a
height of 72 inches above said elevation. A freestanding sign shall not be
Sign Regulations - 85
construed to have free air space if such sign has a base which is greater than
50% of the width of its face or three feet wide, whichever is smaller.
(Figure 6)
F1L,Ure 6: FreestandinL, Sims - Intersections
OPTION 1' OPTION 2'
15' setback from public Free air space in sign bob~
dght-af-way IIne 42- and 7 2 " above the
adjai�eni street elt!vziUQn
STREET f~"q hM
--- -- --- ----
� i4�98$S�ei�2,E9
� -, aidevrelK
' q jade
42'
I Public
Street I right -of --way
Elevation line
(f) Signs within an isosceles triangle having 10 feet along the right-of-way line
of an alley or along the edge line of a private drive/parking lot access and
along (i) the inside line of the sidewalk, or (ii) if there is no sidewalk, the
curb line, shall maintain free airspace between a height of 42 inches above
the adjacent street elevation and a height of 72 inches above said elevation.
(Figure 7)
Figure 7: Freestanding Signs By Alleys or Driveways
ALLEY
Of
DRNEWAY
C
STREET
Signs within 'raffia vision
area are to maintain
free air space
batwean 42' and 72'.
ridawalk
(1' tiers in re 9loewall,1 b No
is Tiw-sjripC fmm t"e urb
(g) When electrical service is provided to freestanding signs or ground signs,
all such electrical service shall be underground.
Sign Regulations - 86
(2) Wall Signs.
(a) No part of a wall sign shall extend above the top of the wall or parapet wall
upon which it is placed. If a sign extends over the roof line, it is allowed
only if it is architecturally incorporated (matching colors/materials/
embellishments) into the fagade of the building, and mounted on a parapet
wall or similar extension of an exterior wall, without any part of the sign
extending over the wall.
(b) On corner lots, the total allowable sign area allocated to wall signs along a
single frontage shall be limited to the maximum sign area for that frontage.
(See also Section 27.22.080, which allows the use of only one frontage for
purposes of the actual calculation of maximum sign area allowance for a
property).
(c) Under-canopy/marquee signs which are parallel to the face of the building
shall be deemed to be wall signs and are not subject to the 18 inch or less
extension requirements.
(d) On buildings with a building frontage of 200 feet or more along a single
street and undulating architecture, signs which are attached to all or a
portion of the wall of the building are not subject to the 18 inch or less
extension requirements provided the signs are parallel to the linear face of
the building, attached to all or a portion of the building wall at its outermost
points, and comply with all other provisions related to wall signage.
(3) Signs for Shopping Centers and/or Multiple Businesses.
(a) All signs of a shopping center and/or lot containing multiple businesses
(more than one) shall be coordinated as to the number, mode of display,
location, size, height, colors, finish materials, and illumination of each sign
with the other signs and with the architecture of the building(s). A common
signage plan shall be required prior to issuing a sign permit. A common
signage plan can also be prepared for businesses on two or more adjoining
lots.
(b) A 25% increase in the maximum size allowed per face as set forth in
Section 27.22.090(1)(d) shall apply to freestanding signs that are subject to
a common signage plan.
(c) Advertising for multiple businesses sharing a common zoning lot shall be
incorporated into a single freestanding sign consistent with the provisions of
27.22.080(1)(c) and 27.22.090(1). Freestanding signs shall not be permitted
to any single business or tenant.
Sign Regulations - 87
(4) Projecting Signs.
(a) The sign shall be erected at right angles to the building face and be at least
eight feet above grade.
(b) The maximum area per sign face shall not exceed 15 square feet.
(c) Signs extending over a public right-of-way shall extend no closer than two
feet from the curb of the street or beyond 48 inches, whichever is less.
(5) Marquee Signs.
(a) No marquee sign shall project above the top of the marquee upon which it is
mounted.
(b) No marquee sign shall project from the face of a marquee.
(c) Under -marquee signs, which are perpendicular to the face of the building,
shall be deemed to be projecting wall signs.
(d) Under -marquee signs, which are parallel to the face of the building, shall be
a minimum of eight feet above grade and shall be deemed to be flush wall
signs.
(6) Canopy Signs.
(a) No canopy sign shall project above the top of the canopy upon which it is
mounted.
(b) No canopy sign shall project from the face of a canopy.
(c) Canopies on which canopy signs are mounted shall be at least eight feet
above any public right-of-way, except that any valance attached to a canopy
may be only seven feet in height above a public right-of-way. (Figure 8)
Figure 8: Canonv Signs
8` clearance from
public right of way
tO bGUOM Of CA9krt0VN
7' clearance from _
p"011C right 4f way -
to bottom c f valance
Sign Regulations - 88
(7) Billboards.
(a) No billboard shall exceed 288 square feet per sign face. The sign area shall
count towards the maximum sign area allowance for the property.
(b) No billboard structure shall exceed a maximum height of 28 feet.
(c) Billboards shall be erected using single -pole construction.
(d) Billboards shall not utilize any changeable copy, streaming video or any
light -emitting surface.
(e) No billboard may be constructed within 300 feet of any other billboard
located on the same side of the road right-of-way and facing the same traffic
flow. Distance shall be measured along the nearest edge of pavement of the
road near whose right-of-way the sign is located.
(f) No billboard may be constructed nearer the road right-of-way than the
applicable building setback requirement for the zone in which the billboard
is located.
(g) No billboard shall be constructed along a road, which is not a federal or
state highway (i.e. US Highways 2 and 93).
(h) In order that the total face area and number of faces of all lawful billboards
within the city not be increased beyond the number of faces occurring on
March 19, 1992, no billboard shall be constructed without first removing
billboard(s) equal in face area and number of faces. In order to administer
this provision, the administrator shall issue a replacement permit to anyone
who permanently removes a lawfully existing billboard. The administrator
shall note on the replacement permit the number of faces and face area, and
the zoning district in which the sign was located, for every sign face
removed. Replacement permits may be transferred. No billboard sign
construction permit shall be issued without a replacement permit which
corresponds to the number of sign faces to be replaced. The total number of
billboard faces in the city limits of Kalispell shall not exceed 18 plus any
billboards added though annexation as provided herein.
(i) Any billboard, except those subject to annexation as specified herein,
located within any zoning district in which billboards are prohibited were to
be relocated at the billboard owner's expense to a zoning district which
permits billboards by March 19, 1997, and billboards that were located
within 1500 feet of the intersection of Main and Idaho streets were to be
relocated by March 19, 1994.
Sign Regulations - 89
(j) Whenever a parcel of land containing any billboard is rezoned, or annexed
and zoned, to a zone which does not allow billboards, the billboard or
billboards shall be removed within seven years of the rezoning or, in the
case of annexation, within seven years of the date upon which a city zoning
classification is imposed upon the annexed parcel; provided, that any
billboards removed pursuant to this subsection may be reinstalled within
any of the permitted zones listed in Section 27.22.130, in accordance with
subsection (h).
27.22.100: Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) Non-residential Uses: Wall signs and one freestanding sign.
(3) Residential Uses: Home occupations and other residential uses are permitted
one non -illuminated wall sign not to exceed six square feet. Day care centers are
allowed signage equal to non-residential uses.
(4) The height of a freestanding sign shall be limited to six feet and the size shall be
limited to 24 square feet per face.
27.22.110: Permitted Signs in Zones R-5, RA-1, RA-2, B-1, and P-1.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) One freestanding sign. The sign shall not exceed 24 square feet per sign face and
the height shall not exceed six feet above natural grade, except for B-1 zone where
the sign area shall be limited to 36 square feet per sign face and height shall not
exceed six feet above natural grade.
(3) Wall signs, canopy signs, and marquee signs.
(4) Home occupations are limited to one non -illuminated wall sign not to exceed six
square feet.
27.22.120: Permitted Signs in Zone H-1
(1) Signs listed in Section 27.22.050 - Signs not requiring permits.
(2) Non-residential uses, other than hospitals, are permitted one freestanding sign and
one wall, marquee or canopy sign per developed lot. The sign area for a
freestanding or ground sign shall not exceed 24 square feet per sign face and the
height shall not exceed six feet above natural grade. Walls signs shall not exceed
20 square feet per use.
Sign Regulations - 90
(3) An entrance sign shall be permitted at all parking lot entrances to a hospital
facility or complex provided the sign does not block the visibility of incoming or
outgoing vehicles. The sign shall not exceed 14 square feet per face nor six feet in
height.
(4) Up to three signs may be permitted in association with a hospital complex and
may be freestanding, marquee (canopy) or wall signs. Allowable sign area shall
not exceed 70 square feet per face nor six feet in height and will be subject to the
Section 27.24.090(1)(d).
(5) Not more than two off -premise signs may be permitted at primary hospital
entrance roads to provide direction to a hospital facility from a major arterial. One
sign shall be permitted per intersection entrance. Each sign shall not exceed 54
square feet per face nor 12 feet in height. Off -premise hospital signs will be
allowed on developed or undeveloped property and will not be counted as part of
the sign type or allowance permitted for that parcel.
(6) One non -illuminated wall sign not to exceed six square feet in connection with a
home occupation.
27.22.130: Permitted Signs in Zones B-2, B-4, B-5, I-1, and I-2.
(1) Signs listed in Section 27.22.050, Signs not requiring permits.
(2) Freestanding and ground signs.
(3) Wall signs.
(4) Projecting signs, except on Main Street between Center Street and 8t' Street.
Projecting signs in that area are permitted provided they meet the following:
(a) Only externally lit signs are allowed, subject to the outdoor lighting
regulations;
(b) No reader boards are allowed;
(c) A maximum area of nine square feet is allowed, or a maximum of 15 square
feet if the lowest part of the sign is at least 15 feet above grade and meets a
higher artistic standard under architectural review, including a maximum of
25% of the sign area being text, colors coordinating with those on the
building, and other elements as determined by the Architectural Review
Committee; and
(d) The sign otherwise meets the standards for projecting signs.
(5) Freestanding multiple business sign.
Sign Regulations - 91
(6) Canopy signs.
(7) Marquee signs.
(8) Off -premise signs, except in zoning classification B-4 when the location and size
complies with all other provisions of this Chapter.
(9) Billboards, except: (a) in zoning classifications B-4 and B-5; and (b) not within
1500 feet of the intersection of Main and Idaho streets.
27.22.140: Construction Standards.
(1) All signs, except for under -canopy signs, shall be braced or secured to prevent
motion.
(2) All freestanding signs and billboards shall be self-supporting structures utilizing
permanent foundations.
(3) Permanent signs shall be designed to withstand a wind speed of 70 miles per hour.
(4) No signs shall be erected, constructed or maintained so as to obstruct any fire
escape, required exit, window or door opening used as a means of egress.
(5) No sign shall be attached in any form, shape, or manner which will interfere with
any opening required for ventilation.
(6) Signs shall be located in such a way as to maintain horizontal or vertical clearance
of all overhead electrical conductors. In no case shall a sign be installed closer than
24 inches horizontally or vertically from any conductor or public utility guy wire.
27.22.150: Maintenance. All signs shall be maintained in good condition at all times. All signs shall
be kept neatly painted, including all metal parts and supports thereof that are not
galvanized or of rust -resistant metals. Failure to properly maintain a sign shall be
considered a violation of this ordinance.
27.22.160: Sign Permit. It shall be unlawful to display, erect, relocate, or alter any sign without first
filing with the Zoning Administrator an application in writing and obtaining a sign permit
except as otherwise exempted as per Section 27.22.050.
(1) Application. Application for a permit for the erection, alteration, or relocation of a
sign shall be made to the administrator upon a form provided by the administrator
and shall include the information listed below.
(a) Name and address of the owner of the sign.
Sign Regulations - 92
(b) Street address or location of the property on which the sign is to be located,
along with the name and address of the property owner.
(c) The type of sign or sign structure as defined in this chapter.
(d) A site plan showing the proposed location of the sign along with the
locations and square footage areas of all existing signs on the same
premises.
(e) Specifications and scale drawings showing the materials, design,
dimensions, structural supports, and electrical components of the proposed
sign.
(f) Length of the lot frontage and building frontage.
(g) Location of ingress/egress and overhead wires.
(h) Any other information that may be deemed necessary for purposes of
clarification.
(i) The fee established by the City Council.
(2) Architectural Review. Signs are subject to the architectural review requirements
as set forth in Chapter 27.21. Wall signs and groupings of wall signs less than 50
square feet in size are exempted from review.
(3) Issuance and Denial. The Zoning Administrator shall issue a permit and permit
sticker for the erection, alteration, or relocation of a sign provided that the sign
complies with the laws of all applicable jurisdictions.
(a) In all applications, where a matter of interpretation arises, the more specific
definition or higher standard shall prevail.
(b) The Zoning Administrator may suspend or revoke an issued permit for any
false statement or substantive misrepresentation of fact in the application.
(4) Inspection. The Zoning Administrator shall inspect each sign for which a permit is
issued during the sixth month after the issuance of such permit or at such earlier
date as the owner may request. If the construction is not substantially complete
within six months of the date the permit is issued, the permit shall lapse and
become void.
27.22.170: Nonconforming Signs and Signs Without Permits. Existing signs that do not conform to
the provisions of these regulations, but were legally in place prior to the adoption or
application of this ordinance, are considered non -conforming. All non -conforming signs
shall be removed or brought into compliance with these regulations as follows:
Sign Regulations - 93
(1) Electronic message boards or signs that blink, flash or change copy in less than five
second increments or do not display time and temperature shall be brought into
compliance with regard to displayed messages within one year.
(2) Signs, on and off -premise, that have been damaged by fire, wind, or other
involuntary causes, except in the case of vandalism, in excess of 50% of current or
replacement cost shall be brought into compliance immediately upon replacement.
In the case of vandalism, a sign may be restored to original condition if done within
six months.
(3) Signs, on and off -premise, which are voluntarily destroyed or removed (except for
maintenance not involving structural modification), shall be brought into
compliance immediately upon replacement.
(4) Discontinued freestanding signs shall be brought into compliance immediately
unless part of a multi -panel sign, subject to Section 27.22.170(7).
(5) Signs which were unlawfully erected shall be brought into compliance
immediately.
(6) Signs that are replaced, relocated, reconstructed or requiring structural
modification, including modifications to accommodate a change of copy, shall be
brought into compliance immediately.
(7) Freestanding signs containing removable or replaceable panels shall be brought
into compliance when a cumulative total of more than 50% of the sign area or sign
panels are replaced or modified.
(8) In the event additional right-of-way is purchased by a government agency, any
affected sign that must relocate due to the increased right-of-way shall be brought
into compliance when replaced.
(9) Non -conforming status for signs that blink, rotate, flash, or animate ended on
March 19, 1993.
27.22.180 Exemption for Historic Signs. Notwithstanding the general and specific provisions of this
chapter, certain nonconforming signs that are deemed to have historical significance may
be retained, preserved or restored. If there is a question regarding the historical
significance of a sign, it will be subject to review and approval by the Architectural
Review Committee who shall consider the following criteria:
(1) The sign demonstrates characteristics of style, function, method of construction,
workmanship, design, or materials that gives the sign its historic identity and
associate it with a specific place, time, or cultural pattern.
Sign Regulations - 94
(2) The sign is an integral part of the original architecture and has an association with
the building.
(3) The sign is at least 30 years old. If less than 30 years, then a finding of exceptional
importance of historical significance shall be made.
27.22.190: Violations. Any of the following shall be a violation of this ordinance and shall be subject
to the enforcement remedies and penalties provided by this ordinance, by city code, and by
state law. Each sign installed, created, erected, or maintained in violation of this ordinance
shall be considered a separate violation when applying the penalty portions of this
ordinance.
(1) To install, create, erect, or maintain any sign in a way that is inconsistent with any
plan or permit governing such sign or the zone lot on which the sign is located;
(2) To install, create, erect, or maintain any sign requiring a permit without such a
permit;
(3) To fail to remove any sign that is installed, created, erected, or maintained in
violation of this ordinance, or for which the sign permit has lapsed; or
(4) To continue any such violation. Each such day of a continued violation shall be
considered a separate violation when applying the penalty portions of this
ordinance.
27.22.200: Enforcement and Remedies. Any violation or attempted violation of this chapter or of
any condition or requirement adopted pursuant hereto may be restrained, corrected, or
abated, as the case may be, by injunction or other appropriate proceedings pursuant to state
law. The remedies of the city shall include the following:
(1) Issuing a stop -work order for any and all work on any signs on the same zone lot;
(2) Seeking an injunction or other order of restraint or abatement that requires the
removal of the sign(s) or the correction of the nonconformity;
(3) Imposing any penalties that can be imposed directly by the city under the zoning
ordinance;
(4) Seeking in court the imposition of any penalties that can be imposed by such court
under the zoning ordinance; and
(5) In the case of a sign that poses an immediate danger to the public health or safety,
taking such measures as are available to the city under the applicable provisions of
the zoning ordinance and building code for such circumstances.
Sign Regulations - 95
The city shall have such other remedies as are and as may from time to time be provided
for or allowed by state law for the violation of the zoning ordinance.
All such remedies provided herein shall be cumulative. To the extent that state law may
limit the availability of a particular remedy set forth herein for a certain violation or a part
thereof, such remedy shall remain available for other violations or other parts of the same
violation.
27.22.210: Removal of Signs by the Administrator. The Zoning Administrator may cause the
removal of an illegal sign in cases of emergency (health and safety), or for failure to
comply with the written orders of removal or repair. After removal or demolition of the
sign, a notice shall be mailed to the sign owner stating the nature of the work and the date
on which it was performed and demanding payment of the costs as certified by the Zoning
Administrator together with an additional ten percent for inspection and incidental costs.
If the amount specified in the notice is not paid within 60 days of the notice, it shall
become a lien against the property of the sign owner, and will be certified as an assessment
against the property together with a 10% penalty for collection in the same manner as the
real estate taxes.
The owner of the property upon which the sign is located shall be presumed to be the
owner of all signs thereon unless facts to the contrary are brought to the attention of the
administrator, as in the case of a leased sign.
For purposes of removal, the definition of sign shall include all sign embellishments and
structures designed specifically to support the sign.
27.22.220: Appeals and Variances. Appeals and variances may be filed pursuant to Chapters 27.31
and 27.32.
Non Conforming Lots, Uses and Structures - 96
CHAPTER 27.23
NONCONFORNIING LOTS, USES AND STRUCTURES
Sections:
27.23.010 Intent
27.23.020 Nonconforming Structures
27.23.030 Nonconforming Uses
27.23.040 Nonconforming Accessory Uses and Structures
27.23.050 Changes to Historically Significant Residential Structures
27.23.060 Reconstruction
27.23.010: Intent. It is the intent of this chapter to permit nonconformities which were lawful before
the adoption of this code to continue until they are removed. It is further the intent of this
chapter that nonconformities shall not, unless otherwise permitted by this chapter, be
enlarged upon or expanded, or be used as grounds for adding other structures or uses
prohibited elsewhere in the same district.
Nonconforming uses are declared by this chapter to be incompatible with permitted uses in
the district involved. However, to avoid undue hardship, nothing in this chapter shall be
deemed to require a change in the plans, construction or designated use of any building on
which actual construction was lawfully begun prior to the effective date of adoption or
amendment to this title and which actual building construction has been carried on
diligently. A change of tenancy, ownership, or management of any legally existing
nonconforming use is allowed.
27.23.020: Nonconforming Structures. If a structure was lawfully constructed (conforming to
zoning regulations then in effect) prior to the effective date of adoption or amendment of
this code and does not conform with the current standards of this code, the structure may
remain as long as it remains otherwise lawful and subject to other conditions set forth
herein.
(1) Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.
(2) Changes to Nonconforming Structures. A structure conforming with respect to use
but nonconforming with respect to other standards may be enlarged or altered
provided that the enlargement or alteration does not further deviate from these
regulations. For example, an extension, whether horizontal along a property line or
vertical with additional height, of a structure within a setback area creates a further
deviation beyond the existing nonconformity.
Non Conforming Lots, Uses and Structures - 97
(3) Repairs and Maintenance.
(a) On any nonconforming structure, work may be done on ordinary repairs,
maintenance, and remodeling to an extent not exceeding 25% of the
replacement value of the building in any one year. The repair or
replacement of bearing walls and foundations is permitted.
(b) Nothing in this chapter shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or portion thereof declared to
be unsafe by any official charged with protecting the public safety, upon
order of such official. Such work may exceed 25% of the replacement value
of the building in any one year.
27.23.030 Nonconforming Uses. If the lawful use of a structure or land was established prior to the
effective date of adoption or amendment of this code (conforming to zoning regulations
then in effect) and does not conform with the current standards of this code, the use may
continue as long as it remains otherwise lawful and subject to other conditions set forth
herein.
(1) Any structure, or structure and land, in or on which a nonconforming use is
superseded by a permitted use shall thereafter conform to the regulations of the
district in which it is located and the nonconforming use may not thereafter be
resumed.
(2) The removal or destruction of a structure containing a nonconforming use shall
eliminate the nonconforming status of the use.
(3) If both a structure and land are nonconforming, the removal or destruction of the
structure shall eliminate the nonconforming status of the land.
(4) Whenever a nonconforming use of a structure or a premise is abandoned for 180
days, the structure or land shall not thereafter be used except in conformance with
the regulations of the district in which it is located.
(5) A structure devoted to a nonconforming use may only be enlarged, extended,
constructed or structurally altered, and a use of land devoted to a nonconforming
use may only be enlarged or extended, if a conditional use permit is obtained.
(a) Any change(s) allowed by such permit(s) is/are limited to a cumulative
increase of 50% in the area devoted to the nonconforming use. The
allowable increase shall apply to each of the following:
1. The gross square footage of land occupied by the use;
2. The gross square footage of the footprint of the structure(s); and
Non Conforming Lots, Uses and Structures - 98
3. The gross square footage of the floor area of the structure(s).
(b) Whenever the expansion of a nonconforming use involves a cumulative
increase of 25% or less of the area devoted to the nonconforming use, an
administrative conditional use permit shall be required.
(c) A conditional use permit shall be obtained for any expansion involving an
increase of more than 25%, but less than or equal to 50%.
27.23.040: Nonconforming Accessory Uses and Structures. No use or structure which is accessory
to a principal nonconforming use or structure shall continue after such principal use or
structure shall have ceased or terminated, unless such accessory use or structure shall
thereafter conform to all the regulations of the zoning district in which it is located.
Nonconforming signage shall be further regulated by Section 27.22.170 of this ordinance.
27.23.050: Changes to Historically Significant Residential Structures. Modifications to existing
historically significant residential structures that may be eligible or are on the historical
registry will be allowed to encroach into the setback area established for the district in
which they are located if-
(1) The purpose of the modification is to regain the historical integrity of the building;
and
(2) The proposed modifications, alterations, additions or other changes are reviewed
and approved by the Architectural Review Committee.
27.23.060: Reconstruction.
(1) A nonconforming building, structure or use upon the land having been wholly or
partially damaged or destroyed by fire or other calamity may be reconstructed,
provided that:
(a) The process of reconstruction is commenced within 180 days of the date of
destruction.
(b) Any reconstruction must be completed without unreasonable delay.
(c) This provision shall not exempt the structure or use from other applicable
regulations nor does it allow the replacement of structures or uses that were
willfully demolished, destroyed, or removed.
(2) If reconstruction has not commenced within 180 days, the property, building and
structure or use upon the land shall not thereafter be occupied, except by a use
which is permitted in the district in which it is located.
Off -Street Parking Design Standards - 99
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.010 Intent
27.24.020 Required Parking for New Construction, Expansions, and Change of Use
27.24.030 Design
27.24.040 Special Provisions
27.24.050 Minimum Standards By Use
27.24.010: Intent. The intent of this section is to reduce traffic congestion and the need for parking
on public streets and to provide off-street parking adequate for each type of development in
terms of quantity, location and design. This chapter is also intended to help avoid the
negative impacts associated with excess off-street parking requirements in the downtown
and in adjacent neighborhoods.
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. Parking spaces shall be reviewed whenever a change of use
increases the amount of required parking, except for properties within the boundaries of the
parking districts under section 27.24.040(6). 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 facilities 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 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 duplexes, parking spaces which back into an alley shall be
set back ten (10) feet from the alley right-of-way line.
Off -Street Parking Design Standards - 100
(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) 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 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
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Off -Street Parking Design Standards - 101
(d) Required parking 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 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. (Figure 9)
C. 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
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-4, B-5, H-1, I-1, I-2, and P-1 zones:
a. Vehicles will be allowed to park within five feet of the front
and side corner lot line.
b. Any parking space located within a required front or side
corner building setback area shall have a landscape buffer
between the parking space and the lot line. In every case, a
minimum five foot landscape buffer is required regardless of
the building setback. (Figure 9)
C. Vehicles will be allowed to park in the side yard setback as
long as a sight obscuring fence or landscaping is constructed
along the side lot line obscuring the presence of the parked
vehicles to the extent fencing is otherwise permitted under
this ordinance. The requirement may be waived where
property abuts an existing parking lot. (Note: When a
designated parking lot abuts a residentially zoned property
other than the R-5 or RA-2 zones, the side yard abutting the
residential zone may not be used for parking.)
(e) Location of parking spaces within a lot are subject to clear vision triangle
requirements. (Figure 9)
Off -Street Parking Design Standards - 102
(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.
(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 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. 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 or vehicle sales area
with ten (10) or more spaces.
Off -Street Parking Design Standards - 103
(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 area or
vehicle sales area shall 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 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.
(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 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.
Off -Street Parking Design Standards - 104
(b) Joint Use.
1. 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 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 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
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.
Off -Street Parking Design Standards - 105
(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 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 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. 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.
(5) Handicapped Parking Spaces. The required number of handicapped parking
spaces with the required dimensions shall be provided pursuant to federal law.
(6) Parking Districts: See (Figure 10) for parking district maps.
(a) Parking District No. 1.
1. The following permitted or conditionally permitted uses on
properties zoned R or RA located within Parking District No. 1 shall
have the minimum number of off-street parking spaces required
under section 27.24.050 reduced by 50%:
-Banks
-Barber and beauty services
-Church
-Community center
-Day care center
-Mortuaries
-Office-professional/governmental
-Schools-commercial
Off -Street Parking Design Standards - 106
-Schools K-8
2. Multi -family dwellings within this district shall provide 2 parking
spaces per unit.
a. The length of lot frontage on the street shall count towards
the required parking spaces per unit with every 23 feet of
street frontage equating to one required parking space.
b. A minimum of one parking space per unit is required on the
same lot with the multi -family building it is serving.
(b) Special Parking Maintenance District No. 2.
1. No additional off-street parking is required for a change of use
within this district.
2. Off-street parking for uses listed in Parking District No. 1 and
potential reductions thereof shall also apply to this district.
3. New construction and additions to existing buildings shall provide
the following off-street parking spaces (in no case shall more
parking be required than is otherwise provided for under this
chapter):
a. North of Center Street — one parking space for every 250
square feet of gross floor area
b. South of Center Street — one parking space for every 400
square feet of gross floor area
(c) Parking District No. 3 (Downtown). Property located within Parking
District No. 3 is not required to provide any off-street parking.
Off -Street Parking Design Standards - 107
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Off -Street Parking Design Standards - 109
(7) Reductions. The number of required parking spaces may be reduced by one
parking space for every bicycle rack (space for minimum of five bicycles) provided
on the lot, up to a total five (5) percent reduction.
(8) Administrative Adjustments. Administrative adjustments for parking setbacks
and minimum number of required parking spaces are provided for in the chapter
relating to administrative adjustments. See Chapter 27.35.
27.24.050: Minimum Standards By Use.
(1) Required parking spaces shall be in conformance with this section;
(2) Where alternative standards prevail, the greater applies in conflicting computations;
(3) Where the total quota results in a fraction, the number of required spaces shall be
rounded to the nearest whole number (greater than zero).
(4) In the case of a use not specifically mentioned below, the requirements for off-
street parking facilities shall be determined by the Zoning Administrator and shall
be based upon the requirements for the most similar use listed.
(5) Parking spaces within a structure, such as carports, garages, and parking garages,
shall apply toward the total parking space requirement.
(6) 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.
Minimum Parking Standards By Use
Athletic Clubs:
1 space per 200 gross square feet of floor area.
Auditoriums, Convention
1 space per 4 fixed seats or 1 space per 40 square
Facilities and Assembly Halls:
feet of gross floor area used for assembly purposes,
whichever is greater.
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).
Beauty and Barber Shops:
2 spaces per operator.
Bowling Alleys:
4 spaces per alley.
Off -Street Parking Design Standards - 110
Business and Professional
1 space per 300 square feet gross floor area.
Offices:
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.
Commercial or Trade School:
1 space per 3 students, plus 1 space per employee
(including faculty) at capacity class attendance
period.
Community and Recreation
1 space per 250 square feet of gross floor area or 1
Center:
space per 4 patrons to the maximum capacity, plus 1
space per employee on the largest shift.
Convenience Grocery:
1 space per 300 square feet of gross floor area, plus
1 space per gas pump located at the pump.
Day Care Home, Day Care
1 space for teacher/employee plus 1 loading space
Center, Group Day Care Home
per six students with a maximum of 2 loading
or Nursery School:
spaces to be provided on the street adjacent to the
property where the facilities are located.
Furniture, Appliance,
1 per 600 square feet gross floor area.
Hardware Stores:
Golf Courses:
3 spaces per hole of main course, plus 1 space per
tee for the driving range.
Grocery and Supermarkets:
1 space per 300 square feet of gross floor area.
Hospitals:
1 per 2 beds, excluding bassinets, plus 1 per 5
employees on maximum working shift, plus 1 per
each staff doctor.
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.
Libraries, Museums and Art
1 per each 500 square feet gross floor area.
Galleries:
Manufacturing Uses, Research
1 per 1000 square feet gross floor area.
Testing and Processing,
Assembling all Industries,
Wholesale Business (no outlet
sales):
Mortuaries:
1 per 5 seats or 90 lineal inches of pew or 40 square
feet of gross floor area used for assembly purposes.
Off -Street Parking Design Standards - I I I
Nursery and Landscaping
1 space per 300 square feet of gross floor area of
Supply Uses:
inside sales or display.
Private Clubs and Lodges:
1 space per 100 gross square feet.
Recreation Areas
Less than 75,000 square feet of gross area — none
(Commercial):
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 1 space per 1,000 square feet of gross floor
area in the structure, whichever is greater.
Recreational Vehicle Park:
1.5 spaces per each recreational vehicle site, plus 1
space per employee on the largest shift.
Repair Services:
1 space per 300 square feet of gross floor area.
Residential:
Single Family Residence, Accessory Single
Family, and Duplex: 2 spaces per unit.
Multi -family: I space per efficiency unit and 2
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: I space per 5
occupants.
Convalescent or Nursing Homes for Aged,
Disable or Handicapped: 1 space per 8 beds plus I
space per employee/maximum shift.
Elderly Housing (projects qualifying under
federal regulations) and Assisted Living
Complexes: 1 space per 2 dwelling units.
Restaurants and Bars:
If less than 4,000 square feet floor area: 1 per 100
square feet gross floor area. If over 4,000 square
feet floor area: 40 + 1 per 200 square feet gross
floor 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).
Retail:
1 er 300 square feet gross floor area.
Off -Street Parking Design Standards - 112
Schools, Elementary and Junior
1 per each employee plus 1 space per 2 classrooms
High:
plus either (i) 1 space per 4 fixed seats or (ii) 1
space per 40 square feet of gross floor area in the
largest assembly area, whichever is greater.
Schools, High and Colleges:
1 space per 5 students plus 1 per each employee plus
either (1) 1 space per 4 fixed seats or (ii) 1 space per
40 square feet of gross floor area in the largest
assembly area, whichever is greater.
Shopping Center:
1 space per 250 square feet of gross floor area.
Skating Rank, Ice or Roller:
1 space per 300 square feet of gross floor area.
Stadiums, Sport Areas and
1 per 8 seats plus 1 space per 100 square feet of
Similar Open Assemblies:
assembly space.
Swimming Facility:
1 space per 75 square feet of gross water area, plus 1
space per employee on the largest shift.
Theaters:
1 per 4 seats.
Vehicle Repair and
2 spaces per bay in addition to the bay.
Maintenance Services:
Vehicle Sales and Service:
1 space per 1,500 square feet of gross floor area plus
parking required for repair and maintenance
services.
Veterinary Clinic, Pound,
1 space per 400 square feet of gross floor space.
Shelter, Commercial Kennel:
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 Loading Design Standards - 113
CHAPTER 27.25
OFF-STREET LOADING DESIGN STANDARDS
Sections:
27.25.010 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.
27.25.020 Standards.
(1) 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.
(7) If more than one use is combined in one building, the fractional requirements for
each use shall be added together.
(8) In situations where loading berths are shared, the number of berths can be reduced
as determined by the Zoning Administrator.
(9) 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.
(10) 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.
27.25.030: Berths Required. Off-street loading berths shall be provided in accordance with the
following schedule:
Off -Street Loading Design Standards - 114
Required Loading Berth Standards
Use
Gross Floor Area Square
Feet
Number of Berths
Required
Schools, Auditoriums,
Over 20,000 — 50,000
1
Meeting Halls
50,000 — 300,000
2
Each Additional 300,000
1
Restaurants
Over 10,000
1
Hotel, Retail, Grocery,
25,000—100,000
1
Shopping Center or Office
Each Additional 100,000
1
Building
Industrial Plant,
10,000 — 40,000
1
Manufacturing, or Wholesale
40,000 — 65-000
2
Establishment
65,000—100,000
3
Each Additional 50,000
1
Outdoor Lighting Standards - 115
CHAPTER 27.26
OUTDOOR LIGHTING STANDARDS
Sections:
27.26.010
Intent
27.26.020
Applicability
27.26.030
General Standards
27.26.040
Specific Standards
27.26.050
Specific Uses
27.26.060
Procedure
27.26.070
Nonconforming Lighting
27.26.080
Figures
27.26.010: Intent. Light pollution obscures the night sky, a resource important to residents and
visitors. Light trespass interferes with the quality of life and public safety of the
community. Standards for outdoor lighting are intended to control artificial light from non -
vehicular sources that produce glare, light trespass, nuisance light and/or degrade the night
sky. These standards are intended to reduce and eliminate nuisance glare and light trespass
from poorly placed, inappropriate, misaligned or improperly shielded light sources. It is the
further intent of these standards to conserve energy and resources as well as to curtail and
reverse the degradation of the night sky through the regulation of the type and use of
outdoor lighting while maintaining night-time safety, utility and security.
27.26.020: Applicability. All residential and commercial lighting whether on public or private
property installed in the city limits of Kalispell shall comply with the requirements and
specifications established with these regulations. Lighting within a public or private right-
of-way is not within the scope of these regulations.
27.26.030: General Standards:
(1) All outdoor lighting, including the fixture, pole, and other supporting elements,
shall be designed to complement the overall architectural appearance of the site and
prevent excessive glare.
(2) Low voltage landscape lighting will be allowed provided it is directed toward the
object or building and does not leave the perimeter of the site or contribute to light
trespass.
(3) Nothing herein shall be deemed to prohibit the installation of minimum emergency
lighting standards required by the applicable building and/or fire codes.
(4) When practical, timing mechanisms and photo cells shall be used to reduce light
levels and conserve energy during non -operational hours.
Outdoor Lighting Standards - 116
(5) Mercury vapor lights are prohibited because of the poor color spectrum, light
intensity and inefficient energy use. Low pressure or high pressure sodium lights
and metal halide are encouraged rather than the use of fluorescent lights.
(6) Light fixtures or lamps shall be shielded in such a manner so that the light emitting
surface is not visible and to direct incident rays away from all adjacent property.
(7) Any light fixture must be placed in such a manner so that no light emitting surface
is visible from any residential area or public/private roadway, walkway, trail or
other public way when viewed at ground level.
27.26.040 Specific Standards:
(1) Lights mounted on poles shall not be taller than 25 feet (pole height to be
calculated from grade to the top of the pole structure).
(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. 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.
(3) Light (including, but not limited to, pole lights, floodlights, wall lights, etc.) shall
have external shielding or shall be directed and angled so that no light is visible
above a 90 degree angle measured from a vertical line from the center of the lamp
(i.e. shall be a full cutoff fixture) and shall not shine onto any adjacent public right-
of-way or adjacent property.
(4) Roof illumination is not allowed.
27.26.050: Specific Uses:
(1) Architectural Accent Lighting. Fixtures used to accent architectural features,
materials, colors, style of buildings, landscaping, or art shall be located, aimed and
shielded so that light is directed only on those features. Such fixtures shall be aimed
or shielded to prohibit light spill.
(2) Signs:
(a) Any interior lighted signs may not be lit at night when any face of the sign
is removed or damaged in such a way that the light may distract or intrude
on drivers or adjacent properties.
(b) Signs that have exterior lighting must be lit from above the sign and the
light shielded except that ground lighting may be used for ground mounted
signs with a solid base (i.e. no gaps between the sign and the framework or
Outdoor Lighting Standards - 117
the ground). In all cases lighting must be directed at the surface of the sign
area.
(3) Canopy Lighting and Lighting of Service Stations:
(a) Light fixtures mounted on canopies shall be recessed so that the lens cover
is recessed or flush with the bottom surface (ceiling) of the canopy or
shielded by the fixture or the edge of the canopy so that light is restrained to
90 degrees or less from vertical.
(b) Indirect lighting may be used where light is beamed upward and then
reflected down from the underside of the canopy. When this method is used,
light fixtures must be shielded so that direct illumination is focused
exclusively on the underside of the canopy.
(c) Lights shall not be mounted on the top or sides (fascias) of the canopy.
(d) Lights shall be fully recessed and shielded to ensure that no light source is
visible from or causes glare in the public right-of-way or adjacent
properties.
(4) Outdoor Sports or Recreation Fields or Performance Areas. Lighting of
outdoor recreational facilities (public or private), such as, but not limited to,
football fields, soccer fields, baseball fields, softball fields, tennis courts, special
event or show areas, are exempt from this ordinance provided that the lights are to
be used only when the facility is in use.
(5) Flags. Flags of the United States or Montana, and flags displayed with either the
United States and/or Montana flags, may be illuminated from below provided such
lighting is focused primarily on the individual flag or flags to limit light trespass
and spill into the dark night sky.
(6) Searchlights. The operation of searchlights for any purpose other than an
emergency need is prohibited.
(7) Towers. Lighting on towers is prohibited except as required by regulations of the
Federal Aviation Administration.
27.26.060: Procedure. At the time of site plan approval by the Kalispell Site Development Review
Committee, the applicant must supply a lighting plan in accordance with these regulations
and shall demonstrate conformance with these standards. At a minimum the lighting plan
shall include:
(1) Manufacturer specifications regarding the light fixture, proposed locations,
mounting heights and direction of all exterior lighting.
Outdoor Lighting Standards - 118
(2) If the building, signage or landscaping is proposed to be lit, relevant drawings shall
be provided showing the type, location and direction of the light fixture.
(3) Photometric data of all parking lot lighting and other descriptive information on the
fixtures and/or a computer generated photometric grid showing foot candle reading
every 10 feet within the property or site and 10 feet beyond the property
boundaries.
27.26.070: Nonconforming Lighting:
(1) Commercial. Lighting for commercial uses including but not limited to parking
lot and building lighting that does not conform to these regulations shall be brought
into compliance with those provisions relating to full cutoff fixtures and/or lamps
by January 1, 2010. A one year extension may be considered by the Kalispell City
Council based upon a specific hardship and upon written request.
(2) Residential. Residential lighting that does not conform to these regulations shall
be brought into compliance with those provisions relating to fixtures and lamps by
January 1, 2007.
27.26.080: Figures. The attached figures are incorporated as guidelines for public information and
enforcing this section. (See Figure 11 on page 119).
Outdoor Lighting Standards - 119
Figure 11: Liahtina Examples
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Outdoor Lighting Standards - 120
Figure 11: Liahtina Examples Continued
What is a True Tull Cutoff Outdoor Lighting Fixture?
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Known as just "Cutoff" Center "drop" or "sag" lens with or without exposed bulb, produces direct glare.
Outdoor Lighting Standards - 121
Fime 11: Lighting Examples Continued
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Outdoor Lighting Standards - 122
Figure 11: Lighting Examples Continued
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Zoning Administrator - 123
CHAPTER 27.27
ZONING ADNHNISTRATOR
Sections:
27.27.010: Creation. There is hereby created the position of a Kalispell Zoning Administrator who
shall be a duly appointed person charged with the administration, interpretation and
enforcement of these zoning regulations.
27.27.020: Powers and Duties. The Zoning Administrator, his assistant or designee will:
(1) Enforce the provisions of these regulations.
(2) Keep complete, accurate and secure records.
(3) Accept applications and appeals and ensure their appropriateness and completeness.
(4) Accept and remit fees as established in the adopted administrative procedures.
(5) Update these regulations and the official zoning map as directed by the Kalispell
City Council.
(6) Provide for the accuracy and security of the official zoning map.
(7) Undertake any other administrative function appropriate to the office of the Zoning
Administrator.
(8) Report to the city manager any recommendations for changes and improvements in
these regulations and the procedures therein.
(9) Issue any permit granted by the Board of Adjustment or Kalispell City Council and
make periodic inspections to verify that all conditions of such granted permits are
complied with by the applicant or his agent.
(10) Receive and investigate allegations of noncompliance or violation of these
regulations and file a complaint where such allegations are based on apparent fact.
(11) Refer any matters under appeal to the Board of Adjustment for their action.
(12) Make recommendations to the Board of Adjustment in connection with any
application for variance.
Zoning Administrator - 124
(13) Determine the location of any district boundary shown on the zoning map adopted
as part of these regulations when such location is in doubt as provided for in section
27.02.030 of these regulations.
(14) Refer to the Board of Adjustment of any appeal of the determination of the Zoning
Administrator as relative to section 27.02.040.
(15) Issue zoning lot determinations upon request for a landowner who desires to utilize
multiple contiguous lots as a single parcel for application of the bulk and
dimensional requirements of this ordinance.
27.27.030: Limitations of Power. The Zoning Administrator shall not:
(1) Make any changes in the uses categorically permitted in any zoning classification
or zoning district, or make any changes in the terms of these zoning regulations, or
make any changes in the terms, classifications or their boundaries on the official
zoning map without the prior specific direction of the City Council following the
procedures herein set forth by these regulations.
(2) Issue any variance without the specific direction to do so from the Board of
Adjustment.
Zoning Commission - 125
CHAPTER 27.28
ZONING COMMISSION
Sections:
27.28.010: Creation. There is hereby created the "Zoning Commission" also known as the Kalispell
City Planning Board and Zoning Commission for the city of Kalispell in accordance to 76-
2-307 (MCA). The "Zoning Commission" is commonly referred to as the "Planning
Board", and use of the term "Planning Board" in this ordinance is intended to apply to
either or both as appropriate.
27.28.020: Membership. The membership of the "Zoning Commission" shall consist of seven
members, having terms and qualifications as set forth by 76-1-221 through 224, MCA. The
members of the Zoning Commission shall serve without compensation, other than
reimbursement for approved budgeted expenditures incurred in carrying out the functions
of the Zoning Commission.
27.28.030: Powers and Duties. It shall be the duty of the Zoning Commission to hold public hearings
where necessary and make recommendations to the City Council on all matters concerning
or relating to the creation of zoning districts, the boundaries thereof, the appropriate
regulations to be enforced therein, the amendments of these regulations, conditional use
permits, and any other matter within the scope of the zoning power. The Zoning
Commission is also authorized to confer and advise with other city, county, regional, or
state planning or zoning commissions.
Amendments and Changes - 126
CHAPTER 27.29
ADMENDMENTS AND CHANGES
Sections:
27.29.010: Initiation and Amendment.
(1) The City Council may, from time to time, amend, supplement, or change the text of
this ordinance and the official zoning map. An amendment, supplement, or change
may be initiated by the City Council or Zoning Commission.
(2) A property owner affected by these regulations may also seek an amendment or
change to the official zoning map via petition and application to the city planning
department.
(3) Any individual may submit a petition and application regarding amendments
relating to the text of this ordinance.
27.29.020: Investigation of Amendment. Upon initiation of an amendment by the City Council or
the Zoning Commission, or upon petition from a property owner, the Zoning Commission
shall cause to be made such an investigation of facts bearing on such initiation or petition
as will provide necessary information to assure that the action of each such petition is
consistent with the intent and purpose of this title.
When considering an application for amendment to the official zoning map, the Zoning
Commission and City Council shall be guided by and give consideration to the following:
(1) Whether the new zoning was designed in accordance with the growth policy.
(2) Whether the new zoning was designed to lessen congestion in the streets.
(3) That historical uses and established use patterns and recent change in use trends
will be weighed equally and consideration not be given to one to the exclusion of
the other.
(4) Whether the new zoning will secure safety from fire, panic, and other dangers.
(5) Whether the new zoning will promote health and general welfare.
(6) Whether the new zoning will prevent the overcrowding of the land.
Amendments and Changes - 127
(7) Whether the new zoning will avoid undue concentration of people.
(8) Whether the new zoning will provide adequate light and air.
(9) Whether the new zoning will facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements.
(10) Whether the new zoning gives consideration to the particular suitability of the
property for particular uses.
(11) Whether the new zoning was adopted with a view of conserving the value of
property.
(12) Whether the new zoning will encourage the most appropriate use of land
throughout the municipality.
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.
(1) At least 15 days notice of time and place of such hearing shall be published in an
official paper or paper of general circulation in the city.
(2) All property owners within 150 feet of the site of the proposed zone change shall be
notified via the United States mail at least 15 days prior to the public hearing.
(3) Names and addresses of adjoining property owners will be provided to the city
planning department by the applicant and will be certified by the county clerk and
recorder's office or an authorized title company.
(4) After such hearing or hearings, the Zoning Commission will make reports and
recommendations on said petition or initiation to the City Council.
(5) Based on the results of the Zoning Commission hearing, the staff report and the
findings of the Zoning Commission, the City Council shall by ordinance render a
decision to grant, amend or deny the requested amendment.
(6) Such amendments shall not become effective except by the favorable vote of two-
thirds of present members of the City Council whenever a protest signed against
such changes is signed by the owners of 25% or more of the area of
Amendments and Changes - 128
(a) The lots included in such proposed change; or
(b) Those lots immediately adjacent on either side thereof within the block; or
(c) Those directly opposite thereof extending 150 feet from the street frontage
of such opposite lots.
Board of Adjustment - 129
CHAPTER 27.30
BOARD OF ADJUSTMENT
Sections:
27.30.010: Creation. There is hereby created the "Board of Adjustment" for the City of Kalispell in
accordance to 76-2-321, MCA.
27.30.020: Membership. The membership of the Board of Adjustment shall consist of five members
having terms and qualifications as set forth by 76-2-322, MCA. The members shall serve
without compensation.
27.30.030: Powers and Duties. The Board of Adjustment shall have authority to:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of
this part or of any ordinance adopted pursuant thereto; and
(2) Authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of the ordinance will result in
unnecessary hardship and so that the spirit of the ordinance shall be observed and
substantial justice done.
27.30.040: Limitations of Power. The Board of Adjustment shall not by either variance or appeal
process make any change in the uses categorically permitted in any zoning classification or
zoning district; or amend the zoning text or map.
27.30.050: Meeting Procedures.
(1) Meetings of the board shall be held at least once a month; provided, there is
business to transact and at such other times as the chairman of the board may
determine.
(2) All regular board meetings shall be open to the public.
(3) The board shall adopt its own rules of procedure and keep minutes of its
proceedings, findings and action in each case and the vote of each member present
on each question considered in the proceedings, unless a member disqualifies
himself.
Board of Adjustment - 130
(4) The presence of four members shall be necessary to constitute a quorum.
(5) Four affirmative votes shall be necessary for granting a variance or appeal.
(6) No proxy vote is permissible.
Appeals - 131
CHAPTER 27.31
APPEALS
Sections:
27.31.010: Basis of Appeal. Any person, the City of Kalispell, or federal, state, county, school
district or city government agency, may file an appeal when aggrieved by a decision or
interpretation made by the Zoning Administrator, provided that the appeal is based on an
allegation that:
(1) The Zoning Administrator made an error in interpretation of these regulations; and
(2) The erroneous interpretation specifically aggrieves the appellant.
27.31.020: Application and Procedure.
(1) Appeals must be filed in the manner provided, and after payment of fees as
prescribed by the City Council, within 30 days from the time the officer charged
with enforcement of these regulations has made a written interpretation or
determination of these regulations.
(2) No part of any such fee shall be returnable after an appeal is filed and such fee is
paid, except upon petition by the appellant and approval by the Zoning
Administrator. No fee paid for an action which is declared closed or ruled invalid
shall be refunded, provided that a refund shall be allowed upon petition by the
applicant if the board rules in favor of the applicant.
(3) The appeal, fee, and supporting materials must be received in the office of the
Zoning Administrator at least 30 days prior to the next regularly scheduled meeting
of the board.
(4) The Zoning Administrator shall fix a reasonable time for the hearing and give
notice thereof to the parties of interest and the public by publishing notice in a
newspaper of general circulation in the community, at least 15 days prior to such
hearings.
(5) Where an appeal concerns a particular piece of property, all property owners within
150 feet of the subject property shall be notified by mail at least 15 days prior to
said hearing. (When the subject property abuts a public right-of-way, the 150 foot
measurement shall be in addition to this right-of-way along the abutting side.)
Appeals - 132
(6) The zoning administrator shall transmit any appeal with all supporting materials to
the Board of Adjustment within three days of the scheduled public hearing.
(7) An appeal under the terms of these regulations stays all proceedings in the matter
appealed from unless the Zoning Administrator certifies to the Board of
Adjustment that, by reason of the facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case, proceedings shall
not be stayed, except by a restraining order granted by the board hearing the appeal
or by a court of record on application and notice to the Zoning Administrator from
whom the appeal was taken and on due cause shown.
(8) Decisions of the Board of Adjustment shall be by motion. The basis for the
decision on each appeal, and a detailed summary of the facts and basis supporting
such determination shall be recorded in the decision and shall constitute a part of
the record thereof.
(9) The concurring vote of four members of the board shall be necessary to reverse any
order, requirement, decision, or determination of the Zoning Administrator, or to
decide in favor of the applicant on any matter.
(10) A hearing may be continued at the request of the applicant or upon motion of the
board, provided however, that the granting of a continuance is a matter of grace,
resting solely in the discretion of the board, and a refusal to continue is not a denial
of a right, conditional or otherwise.
(11) Decision on continuance of a hearing can be reached by a simple majority, but must
be made prior to voting on the application itself.
27.31.030: Appeals from the Board of Adjustment. Appeals from the Board of Adjustment to a
court of record are governed by Section 76-2-327, MCA.
Variances - 133
CHAPTER 27.32
VARIANCES
Sections:
27.32.010: Application. Certain circumstances exist or arise wherein an unnecessary hardship is
created through strict adherence to the provisions of these regulations. There is hereinafter
provided provisions for the granting of a variance from the provisions of these regulations,
so that the public welfare is secured and substantial justice can be done to those so
affected. Application procedures for a variance follow:
(1) Application for a variance may be filed by any property owner or their designated
agent for the affected property.
(2) Such application shall be made on a form provided by the office of the Zoning
Administrator. Multiple requests for variance for the same project may be filed on a
single application and charged a single fee.
(3) The completed application and fee as set by the City Council shall be submitted to
the Zoning Administrator.
(4) The application must be complete and received with the required fee in the office of
the Zoning Administrator at least 30 days prior to the next regularly scheduled
meeting of the Board of Adjustment.
(5) No part of any such fee shall be refundable after an application is filed and such fee
paid, except under petition by the applicant and approval by the Zoning
Administrator. No fee paid for an action which is declared closed or ruled invalid
shall be refunded.
27.32.020: Processing of Application.
(1) Notice of the hearing shall be placed in a newspaper of general circulation in the
community at least 15 days prior to the date of the hearing.
(2) Written notice shall be mailed to all property owners within 150 feet of the subject
property at least 15 days prior to the said hearing. (Where the subject property
abuts a public right-of-way, the 150 foot measurement shall be in addition to this
right-of-way along the abutting side.)
Variances - 134
(3) The zoning administrator shall transmit any appeal with all supporting materials to
the Board of Adjustment within three days of the scheduled public hearing.
(4) Before any variance can be granted, the board shall make findings of fact based
upon evidence produced at a public hearing setting forth and showing that the
following circumstances exist:
(a) In considering all proposed variances to this ordinance, the board shall,
before making any findings in a specified case, first determine that the
proposed variance will not amount to a change in the use of the property to
a use which is not permitted within the district;
(b) That special conditions and circumstances exist which are peculiar to the
land such as size, shape, topography or location, not applicable to other
lands in the same district and that literal interpretation of the provision of
this ordinance would deprive the property owner of rights commonly
enjoyed by other properties similarly situated in the same district under the
terms of this ordinance;
(c) That the special conditions and circumstances do not result from the actions
of the applicant;
(d) That granting the variance requested will not confer a special privilege to
the subject property that is denied other lands in the same district;
(e) That granting the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and
zone in which subject property is situated;
(f) The Board of Adjustment shall further make a finding that the reasons set
forth in the application justify the granting of the variance and that the
variance is the minimum variance that will make possible the reasonable
use of the land;
(g) The Board of Adjustment shall further make a finding that the granting of
the variance will be in harmony with the general purpose and intent of this
ordinance and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare; and
Variances - 135
(h) The fact that property may be utilized more profitably will not be the sole
element of consideration before the Board of Adjustment.
(5) Every decision of the Board of Adjustment shall be made by motion and shall be
based upon "Findings of Fact" and every finding of fact shall be supported in the
record of its proceedings. The enumerated conditions required to grant a variance
under these regulations shall be construed as limitation on the power of the board to
act.
(6) In approving a variance, the board may impose such conditions as are in its
judgment necessary to promote the general provisions of these regulations.
(7) It shall take the affirmative vote of four members of the board to grant a variance.
(8) A hearing may be continued at the request of the applicant or upon motion of the
board, provided however, that the granting of the continuance is a matter of grace,
resting solely in the discretion of the board, and a refusal to continue is not a denial
of a right, conditional or otherwise.
(9) Decision on continuance of a hearing can be reached by a simple majority; but
must be made prior to voting on the application itself.
(10) A variance shall be valid indefinitely, provided it is exercised within one year of
the date of issuance, or as otherwise provided for by the Board of Adjustment.
27.32.030: Appeal from Board of Adjustment.
(1) A request may be re -heard only when there has been a manifest error affecting the
board's decision; or it appears that a substantial change in facts, evidence or
conditions has occurred. Such determinations shall be made by the Zoning
Administrator within 60 days of final action by the board.
(2) Any person aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, setting forth that such decision is illegal, in
whole or part, specifying the grounds of illegality. Such petition shall be presented
to the court within 30 days after the filing of decision in the office of the Board of
Adjustment. Appeals from the Board of Adjustment to a court of record are
governed by Section 76-2-327 MCA.
Conditional Use Permits - 136
CHAPTER 27.33
CONDITIONAL USE PERMITS
Sections:
27.33.010
General Provisions
27.33.020
Application
27.33.030
Processing of Application - Full Conditional Use Permit Only
27.33.040
Administrative Conditional Use Permits
27.33.050
Violations and Revocation of Permit
27.33.060
Termination and Transferability
27.33.070
Denial of Application
27.33.080
Review Criteria
27.33.090
Burden of Applicant
27.33.100
Decision Based on Findings
27.33.010: General Provisions.
(1) No structure, building or land shall be used, constructed, altered, moved or
expanded where a Conditional Use Permit (as used in this section "Conditional Use
Permit" includes both a full Conditional Use Permit and an Administrative
Conditional Use Permit unless otherwise noted) is specifically required by the
terms of these regulations until a Conditional Use Permit for such use has been
issued.
(2) Any use which was lawfully established prior to the adoption, extension or
application of these regulations and which is now permitted by these regulations
subject to a Conditional Use Permit, may continue in the same manner and to the
same extent without securing a Conditional Use Permit.
27.33.020: Application.
(1) Application for a Conditional Use Permit shall be made by the owner of the
affected property on a form obtainable from the Zoning Administrator.
(2) The completed application and associated fee shall be submitted to the Zoning
Administrator. Said fee is not refundable.
27.33.030: Processing of Application — Full Conditional Use Permit Only.
(1) The Zoning Administrator shall:
Conditional Use Permits - 137
(a) Accept the completed application;
(b) Circulate the application to city departments and other advisory agencies as
deemed necessary for evaluation;
(c) Set a public hearing date;
(d) Publish a notice advertising the public hearing before the Planning Board at
least once in a newspaper of general circulation in the community at least
15 calendar days prior to the meeting of the Planning Board at which the
application is to be considered;
(e) Mail written notice to all property owners within 150 feet of the subject
property not less than 15 calendar days prior to the time of the Planning
Board hearing (where the subject property abuts a public right-of-way, the
150 foot measurement shall be in addition to the right-of-way along the
abutting side); and
(f) Prepare a staff report which establishes the basis for a recommendation on
the requested conditional use.
(2) The Planning Board shall hold the public hearing.
(a) Testimony should be specific in establishment of the level and degree of
positive or negative impacts associated with the project.
(b) Based on factual findings, the Planning Board shall make a
recommendation to the City Council to approve, approve with conditions,
or deny the application.
(3) The City Council shall, based upon the record, approve, conditionally approve, or
deny the conditional use permit request.
(4) The Zoning Administrator shall notify the applicant of the council decision and
forward a conditional use permit with conditions, if any, or a letter of denial as
appropriate.
27.33.040: Administrative Conditional Use Permits
(1) Administrative uses fall into three categories:
Conditional Use Permits - 138
(a) Designated as ACUP in the zoning district standards;
(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.
(2) Application.
(a) A completed application shall be submitted to the Zoning Administrator.
(b) The application shall contain:
1. A certified list of property owners within 150 feet (excluding
adjacent rights -of -way);
2. The fee as established by the City Council; and
3. Other information as requested by the Zoning Administrator.
(3) The Zoning Administrator shall:
(a) Accept the completed application;
(b) Mail written notice to all property owners within 150 feet of the subject
property providing at least 15 days for formal comment (where the subject
property abuts a public right-of-way, the 150 foot measurement shall be in
addition to the right-of-way along the abutting side); and
(c) Review the application pursuant to the review criteria contained in this
chapter.
(4) If no public comment is received, the Zoning Administrator shall approve,
conditionally approve, or deny the application as appropriate.
(5) If public comment is received, the Zoning Administrator shall contact the applicant.
(a) If the comment can be satisfactorily resolved by additional information or
appropriate conditions, the Zoning Administrator shall approve,
conditionally approve, or deny the application as appropriate.
Conditional Use Permits - 139
(b) If the comment is of substance and cannot be mitigated, the Zoning
Administrator shall schedule the conditional use permit for the next
available Planning Board public hearing and follow the procedures as
outlined above for the processing of an application for a full CUP.
(6) If the applicant wishes to appeal the Zoning Administrator's decision regarding the
application, the application shall be forwarded to the Planning Board for
consideration. Their recommendation shall be forwarded to the City Council for a
determination as to whether the permit should be approved, conditionally approved,
or denied. Any appeal by the applicant must be submitted in writing to the Zoning
Administrator within 30 days from the date the permit was issued or denied. The
applicant shall be responsible for paying a fee equal to the difference between an
Administrative and a full Conditional Use Permit at the time the request for appeal
is submitted. Any application forwarded to the Planning Board shall be processed
as a full Conditional Use Permit, including, but not limited to, public notice as
provided in section 27.33.030.
27.33.050: Violations. Failure to comply with the terms and/or conditions of a Conditional Use
Permit is a violation of the zoning ordinance in addition to a violation of any other
applicable ordinance or policy.
27.33.060: Termination and Transferability.
(1) The Conditional Use Permit shall run with the lot, building, structure, or use and
shall not be affected by changes in ownership.
(2) The Conditional Use Permit shall terminate 18 months from date of authorization if
commencement of the authorized activity has not begun:
(a) Unless otherwise spelled out in the conditions of approval; or
(b) Unless the applicant can demonstrate and maintain a continuous good faith
effort (preparing financing, securing state or federal permits, undertaking
engineering and design, etc.) in commencing the activity. An extension
request must be submitted to the Zoning Administrator, who may grant up
to two one year extensions.
Conditional Use Permits - 140
27.33.070: Denial of Application.
(1) In the event an application is denied by the City Council, no re -submittal of an
application for a Conditional Use Permit may be made for one year from the date of
said denial, unless sufficient new evidence or conditions are offered to the Zoning
Administrator to demonstrate that circumstances have altered and that further
consideration of the application is warranted. In such an event, the re -submittal
application shall follow the same procedures as the original, and shall be treated as
a new application.
(2) Denial of an application for a Conditional Use Permit may be appealed to a court of
competent jurisdiction within 30 days from the date of such a denial.
27.33.080: Review Criteria.
(1) No Conditional Use Permit shall be issued except upon a finding that the proposed
use conforms to the requirements set forth in this chapter and that the proposed
conditional use will have no more adverse effect on the health, safety, or comfort of
persons living or working in the area and will be no more injurious, economically
or otherwise, to property or improvements in the surrounding area than would any
use generally permitted in the district. An authorized conditional use may not be
denied arbitrarily or if no specific adverse effect is found.
(2) A Conditional Use Permit may be granted only if the proposal, as submitted,
conforms to all of the following general Conditional Use Permit Criteria, as well as
to all other applicable criteria that may be requested:
(a) That the site is suitable for the use. This includes:
1. adequate usable space;
2. height, bulk and location of structures;
3. adequate access; and
4. the absence of environmental constraints (floodplain, slope, etc.).
(b) That the site plan for the proposed use will provide the most convenient and
functional use for the lot. Consideration should include:
1. parking scheme;
2. loading areas;
3. exterior lighting;
Conditional Use Permits - 141
4. traffic circulations;
5. open space;
6. fencing/screening;
7. landscaping; and
8. signage.
(c) That the following services and facilities are available and adequate to serve
the needs of the use as designed and proposed:
1. sewer;
2. water;
3. storm water drainage;
4. garbage collection;
5. fire protection;
6. police protection;
7. streets;
8. sidewalks and bike trails; and
9. other public services.
(d) That the proposed use will not be detrimental to abutting properties in
particular and the neighborhood in general. Typical negative impacts which
extend beyond the proposed site include:
1. excessive traffic generation;
2. noise or vibration;
3. dust, glare, heat;
4. smoke, fumes, gas, or odors; and
5. inappropriate hours of operation.
(e) That the historical uses and established use patterns be weighed with recent
change in trends in the neighborhood.
(f) That the proposed use will not cause or contribute to a decline in property
values of adjacent properties.
27.33.090: Burden of Applicant. The burden of proof for satisfying the aforementioned criteria
considered for approval shall rest with the applicant and not the City Council. The granting
of the Conditional Use Permit is a matter of grace, resting in the discretion of the City
Council and a refusal is not the denial of a right, conditional or otherwise.
Conditional Use Permits - 142
27.33.100: Decision Based on Findings. Every decision of the City Council pertaining to the
granting, denial or amendment of a request for a Conditional Use Permit shall be based
upon "Findings of Fact", and every finding of fact shall be supported in the records of its
proceedings.
Additional Requirements for Specific Conditional Uses - 143
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.010 Animal Hospitals, Pounds, Kennels, Animal Shelter, and Veterinary Clinics
27.34.020 Bed and Breakfast
27.34.030 Building Height (Additional)
27.34.040 Casinos
27.34.050 Day Care Centers —13 or more individuals
27.34.060 Dwellings, Multi -family
27.34.070 Electrical Distribution Stations
27.34.080 Extractive Industries
27.34.090 Mini -Storage, Recreation Vehicle Storage
27.34.100 Sexually Oriented Business
27.34.110 Transmission Towers and Cellular Communication Towers, Equipment and Facilities
27.34.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, and Veterinary Clinics
(1) Household animals (specifically dogs and cats) boarded overnight should be kept in
climate -controlled, sound -proofed buildings. Where facilities are not sound-
proofed, no partially or fully enclosed structure of fenced open area (runs, pens,
etc.) used to confine animals shall be closer than 100 feet to an adjacent property
line.
(2) Household animal excreta shall be removed from the site daily or as otherwise
necessary to avoid the spread of objectionable odors, insects, pests, and
objectionable surface drainage.
27.34.020: Bed and Breakfast.
(1) The Conditional Use Permit shall specify the number of rental rooms and total
number of guests permitted in the facility.
(2) The bed and breakfast uses shall be limited to the principal structure and not extend
to any accessory structure.
(3) Room rentals shall not exceed fourteen consecutive days.
(4) The bed and breakfast facility must maintain an up-to-date guest register.
Additional Requirements for Specific Conditional Uses - 144
(5) The owner(s) of the dwelling or the manager of the facility must be in permanent
residence and maintain full use of the kitchen, dining room, living room, and at
least one bedroom and bathroom not accessible to the overnight lodgers.
(6) Overnight lodgers shall not have direct access to cooking facilities although the
permanent resident(s) of the dwelling may provide breakfast service to the guests.
(7) The residential structure shall not be significantly modified to provide additional
sleeping rooms or exhibit a non-residential appearance except for signage as
provided under Chapter 27.22.
(8) The use of the bed and breakfast facilities shall be limited to the exclusive use of
the residential dwellers and their overnight guests. No other use such as a
restaurant, bar or otherwise which attracts non -boarding customers is permitted. No
alcoholic beverages shall be sold on the premises.
(9) No people, other than the residents of the dwelling may be employed or otherwise
assist in the operation of a bed and breakfast facility.
27.34.030: Building Height (Additional)
(1) Structures requiring a Conditional Use Permit due to additional building height, in
addition to any other applicable standards, are subject to the following standards.
(a) No additional height shall be allowed within 150 feet of any R or RA zone.
Any right-of-way adjacent to the subject property shall be excluded from
the measurement.
(b) No structure (subject to Section 27.20.030 regarding exceptions to height
regulations) shall extend above a 1:1 slope established with a beginning
point at the applicable setback line at an elevation equal to the elevation at
natural grade at the nearest point on the property line, plus the maximum
height allowed in the zoning district. (Figure 12)
(2) The Architectural Review Committee shall submit a recommendation which shall
be considered as a material factor in the consideration of the application.
Additional Requirements for Specific Conditional Uses - 145
Figure 12: Additional Buildinst Height Allowance
natural grade
property iris
27.34.040: Casinos
Calculating additional building height allowance
(based on a 40 foot maximum building height)
%
additional building height .
envelope
00 00 o0
00 00 00
Lsetback line
L= property line
natural grade
Lsetback lime
(1) Casinos shall be a minimum of 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to property line.
(2) Casinos may be located closer than 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to property line if
the casino is considered a minor accessory use and meets the parameters of both
Sections 3 & 4 below.
(3) A casino is considered a minor 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 90% of the proposed floor space and the
casino constitutes no more than 10% of the proposed use. In addition, the casino is
generally shielded or screened from view of the primary use and patrons.
(4) The following design standards as appropriate may be placed on the casino:
Additional Requirements for Specific Conditional Uses - 146
(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.
27.34.050: Day Care Centers —13 or more individuals.
(1) Where outside recreation facilities are provided, a minimum four -foot high sight -
obscuring fence around the recreation area may be required to be maintained and
the recreation area should be situated in the rear half of the site.
(2) In all residential (R-1 through R-4) zones:
(a) Existing residential structures shall not be significantly modified so as to
exhibit a non-residential appearance;
(b) Signage shall be architecturally compatible with the primary building;
(c) Preference is given to day care centers located on collector or arterial
streets; and
(d) Any new construction allowed in a residential zone for the operation of a
day care facility shall substantially resemble a conventional single-family
dwelling.
Additional Requirements for Specific Conditional Uses - 147
27.34.060: Dwellings, Multi -family.
(1) All multi -family dwellings shall provide pedestrian access from the main
entrance(s) of the building(s) to the right-of-way.
(2) For multi -family dwellings with five of more units (including common
developments which contain five or more units), one of the following shall be
provided:
(a) 500 square feet of land per unit which has recreational value for the
residents;
(b) Recreational amenities equivalent to the fair market value of 500 square feet
of undeveloped land per unit;
(c) Equivalent funds payable to the city to develop neighborhood facilities in
the immediate vicinity; or
(d) A combination of any of the above.
27.34.070: Electrical Distribution Stations. When located within an R, RA, or B zone, electrical
distribution stations shall meet the following requirements:
(1) The station shall be completely surrounded by a security fence that shall be at least
eight feet in height.
(2) The perimeter of the electrical distribution station shall be landscaped with sight -
obscuring trees, shrubs or bushes. Such landscaping shall be designed to improve
the appearance of the site while allowing for normal operational and safety factors
of the station.
(3) A parcel of land that does not meet the minimum lot area requirement of the zone
may be created for the placement of an electrical distribution station. The site shall
be large enough to accommodate any required landscaping.
27.34.080: Extractive Industries. Requirements contained in this section shall not exempt the owner
or operator of an extractive industry from compliance with the Montana Open Cut or Strip
Mine Reclamation Act, Title 82, Chapter 4, M.C.A., but shall be in addition to the
requirements of said Act.
Additional Requirements for Specific Conditional Uses - 148
(1) Operational requirements. The site of an extractive industry shall be of sufficient
size and dimensions to accommodate the proposed operations. Consideration shall
be given to noise, light, dust, smoke and vibration and how they affect adjoining
properties. Blasting operations shall be restricted to Monday through Friday
between the hours of 8 am and 5 pm. Off-street parking areas adequate for all
employee vehicles and trucks shall be provided.
(2) Plan for development of the site. The plan to be submitted with the application for a
Conditional Use Permit shall include a plan for development of the subject property
which shall consist of two phases: The exploitation phase and the re -use phase.
(a) Exploitation phase. The plan for the exploitation phase shall show the
proposed development as planned in relation to surrounding property within
three hundred feet and shall include topographic surveys and other materials
indicating existing conditions, including soil and drainage and the
conditions, including drainage, topography and soil which shall exist at the
end of the exploitation phase. Contour intervals for topography shall be five
feet in areas where slope is 10% or greater and two feet in areas where slope
is less than 10%.
(b) The plan for the exploitation phase shall demonstrate the feasibility of the
operation proposed without creating hazards or causing damage to other
properties. This plan shall also show the different states of exploitation,
where and how traffic will be handled, where equipment will be operating,
the location and dimension of structures, the manner in which safeguards
will be provided, including those for preventing access by children and
other authorized persons to dangerous areas. The final stage of this plan
shall indicate how the project is to be finished in accordance with the phase
for reuse.
(c) Reuse phase. The plan for the reuse phase shall indicate how the property is
to be left in a form suitable for reuse for purposes permissible in the district,
relating such reuses to uses existing or proposed for surrounding properties.
Among items to be included in such plan are feasible circulation patterns in
and around the site, the treatment of exposed soil or subsoil including
measures to be taken to replace topsoil or establish vegetation in excavated
areas in order to make the property suitable for the proposed reuse and
treatment of slopes to prevent erosion.
Additional Requirements for Specific Conditional Uses - 149
27.34.090: Mini -Storage, Recreation Vehicle Storage.
(1) This section shall apply to the review of mini -storage and recreational vehicle
storage facilities proposed to be located in districts that require a Conditional Use
Permit for the establishment of such uses.
(a) All buildings shall meet the required setback of the district. However, on
sites where the rear property line is adjacent to a commercial district, no
rear setback is required.
(b) Landscaping that produces a sight -obscuring barrier shall be provided in
areas adjacent to residentially zoned areas and to collector and arterial
streets. Landscaping shall consist of a variety of hardy evergreen materials
consisting of trees, low-, medium-, and high -profile shrubs, together with
suitable ground cover such as native grasses, bark, ornamental gravel, or a
combination thereof.
(c) Building heights shall be limited to one story (18 feet at the peak).
(d) One (1) parking space shall be provided for the on -site manager with two
(2) additional spaces provided at the leasing office.
(e) Parking shall be provided by parking/driving lanes adjacent to the storage
units. These lanes shall be at least 26 feet wide.
(f) All storage shall be kept within an enclosed building, except fossil fuel
engines or storage tanks or any boat or vehicle incorporating such
components, which shall be stored in screened exterior areas. This provision
shall not be interpreted to permit the storage of partially dismantled,
wrecked, or inoperable vehicles.
(g) Any use other than storage is prohibited. The offering for sale or sale
thereof of any item from or at mini -storage or recreational vehicle storage
facilities is expressly forbidden, except that the facility owner may hold
liquidation sales of contents of rental units to recover rental fees except as
allowed by law.
(h) The repair, construction, or reconstruction of any boat, engine, motor
vehicle, or furniture, and the storage of any fossil fuel engine or fossil fuel
storage tank or any boat or vehicle incorporating such components is
Additional Requirements for Specific Conditional Uses - 150
prohibited within any structure on a tract of land designated as a mini -
storage or recreational vehicle storage facility.
(i) The exterior architecture of the structures shall be designed to conceal the
industrial and storage use of the property. The design shall also focus on
neighborhood compatibility, particularly along collector and arterial streets.
27.34.100: Sexually Oriented Business.
(1) A sexually oriented business shall not be located within 1, 000 feet of any of the
following:
(a) A church;
(b) A public or private elementary or secondary school;
(c) A boundary of any residential district;
(d) A public park adjacent to any residential district;
(e) The property line of a lot devoted to residential use;
(f) Another sexually oriented business.
(2) Consideration and evaluation of a proposed sexually oriented business shall address
the relationship of the proposed business with the surrounding character of the area.
At a minimum, conditions of approval shall address the following land use features:
(a) Traffic, ingress/egress;
(b) Signage;
(c) Exterior lighting;
(d) Landscaping and screening;
(e) Exterior colors of structure; and
(f) General site plan characteristics such as parking and extension of utilities.
27.34.110: Transmission Towers and Cellular Communication Towers, Equipment and
Facilities.
(1) The location of the transmission towers and cellular communication towers,
equipment and facilities shall take into consideration the following:
(a) Visual effects;
(b) Height;
(c) Structural integrity;
(d) Radiation emissions;
(e) Effects on adjoining land use;
Additional Requirements for Specific Conditional Uses - 151
(f) Possibility of shared use;
(g) Effects on city airport operations;
(h) Effects on other communication devices; and
(i) Site location alternatives.
(2) General requirements of a Conditional Use Permit for locating a transmission tower
or cellular communication tower shall include:
(a) Required collocation on an existing tower or other structure whenever
possible and practical;
(b) Screening equipment and structures when located adjacent to a residential
district;
(c) Engineer's certification regarding structural safety;
(d) Location of the tower so that visual impact to adjacent property owners is
limited to the greatest extent possible;
(e) That the structure be placed to avoid location on the crest of a mountain or
hill or extension into the skyline thus creating aesthetic concerns;
(f) Address potential FAA (Federal Aviation Administration) lighting
requirements for aviation safety;
(g) That the structure/tower be camouflaged to blend in with the surrounding
environment;
(h) The new structure shall allow for collocation with a minimum of four other
users;
(i) That all transmission and cellular communication towers be located a
minimum of one mile apart, unless collocation opportunities do not exist;
(j) If a security fence is proposed, a five foot tall dense landscaping screen
shall be planted around the security fence of any structure/tower;
(k) Where a new tower is proposed, the applicant shall demonstrate that there is
no feasible existing structure on which to locate; and
(1) A freestanding tower shall be setback from the right-of-way line(s) a
distance equal to the height of the tower.
(3) Should any cellular communication tower, facility or antenna be abandoned or
cease to operate for a period of 180 days, the structure/tower shall be removed at
the expense of the owner. It shall be the responsibility of the structure/tower
owner to promptly notify the city if a facility is abandoned or ceases operation.
Administrative Adjustments - 152
CHAPTER 27.35
ADMINISTRATIVE ADJUSTMENTS
Sections:
27.35.010 Intent
27.35.020 Authority
27.35.030 Procedure
27.35.040 Standards Subject to Administrative Adjustment
27.35.050 Criteria
27.35.060 Additional Criteria Related to Specific Standards
27.35.070 Termination and Transferability
27.35.010: Intent. The intent of this chapter is to provide administrative relief in the form of minor
deviations from specific requirements under this code. The administrative relief is to be
provided upon a showing by an applicant that certain circumstances exist which are
beneficial to the community to design around rather than strictly applying the code. Only
those sections specifically listed are eligible for relief, and only upon the appropriate
showing.
27.35.020: Authority. The Zoning Administrator is authorized to review and approve,
conditionally approve, or deny an application for an administrative adjustment in
accordance with this chapter.
27.35.030: Procedure.
(1) An applicant shall submit a completed application form and fee to the Zoning
Administrator.
(2) After reviewing the application for compliance with this code and in particular with
the criteria listed in this chapter, the Zoning Administrator shall approve,
conditionally approve, or deny the application.
(3) The Zoning Administrator may grant a lesser modification than the maximum
allowed by this chapter.
Administrative Adjustments - 153
27.35.040: Standards Subject to Administrative Adjustment.
Standard
Allowable Modification
Height limits for buildings (contained in
10%
development standards for each zoning
district)
Building setbacks (contained in
20%
development standards for each zoning
district)
Required setback for parking spaces
30%
(Section 2724.030(2))
Minimum required number of parking
10%
spaces (Section 27.24.050)
27.35.050: Criteria. Administrative adjustments shall be approved upon a finding that the applicant
has met the following criteria:
(1) General. The request is consistent with the character of development in the
surrounding area, and will not result in incompatible uses.
(2) Mitigates Adverse Impacts. Any adverse impacts resulting from the adjustment
will be mitigated to the maximum extent practicable.
(3) Technical Nature. The request is of a technical nature (i.e. relief from a
dimensional or design standard) and is based on three or more of the following:
(a) Required to compensate for some unusual aspect of the site or the proposed
development that is not shared by landowners in general;
(b) Supporting an objective or goal from the purpose and intent statements of
the zone district where located;
(c) Proposed to provide improved architectural appearance or site design;
(d) Proposed to save healthy existing trees (recommendation to be provided by
the parks department based upon age, caliper, condition, and value); or
(e) Proposed to maintain the historic integrity of a structure which is on, or is
eligible to be on, the historic registry.
Administrative Adjustments - 154
(4) Does Not Substantially Interfere with Adjacent Land. The request will not
substantially interfere with the convenient and enjoyable use of adjacent lands, and
will not pose a danger to public health or safety.
27.35.060: Additional Criteria Related to Specific Standards.
(1) Height Limits. An adjustment to building height is allowable when the additional
height is necessitated by a specific function of the building or constraint of the site.
The height shall not exceed the standards set forth for additional height permitted
by conditional use permit.
27.35.070: Termination and Transferability.
(1) The Administrative Adjustment shall:
(a) run with the lot, building, structure, or use;
(b) shall not be affected by changes in ownership; and
(c) terminate 18 months from the date of approval if commencement of the
authorized activity has not begun unless otherwise stated in the approval;
and
(2) The Administrative Adjustment may be extended by the Zoning Administrator for
an additional 12 months if it is demonstrated that the applicant has made a
continuous good faith effort to commence the approved development.
Enforcement - 155
CHAPTER 27.36
ENFORCEMENT
Sections:
27.36.010: Penalty for Violation. Any person or corporation, whether owner, lessee, principal agent,
employee, or otherwise, who violates any provisions of these regulations or permits any
such violation or fails to comply with any of the requirements thereof, or who erects,
constructs, reconstructs, alters, enlarges, converts, moves, or uses any building or uses any
land in violation of any detailed statement or plans submitted by him and approved under
the provisions of these regulations, may be subject to penalties as a municipal infraction
pursuant to Chapter 1, Article II of the Kalispell City Code. Each day of continued
violation shall constitute a separate, additional violation. The Zoning Administrator or his
authorized agent is hereby authorized to enforce the City of Kalispell Zoning Ordinance by
issuing a civil citation.
27.36.020: Use of Available Remedies Authorized. In the event that any building or structure is
erected, reconstructed, altered, converted, or maintained, or any building, structure, or land
is used in violation of these regulations, the proper legal authorities of the City Council in
addition to other remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, maintenance, or use, to restrain, correct, or abate such violation, to
prevent the occupancy of such building, structure or land, or to prevent an illegal act,
conduct, business, or use in or about such building, structure or land.
Definitions - 156
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010: Definitions. All words in this ordinance shall be first defined as provided herein and, if
not defined herein, shall have their customary dictionary definitions. For the purposes of
this ordinance certain words and terms used herein are defined as
follows:
Words used in the present tense include the future tense; words used in the singular include
the plural, and words used in the plural include the singular; the word "shall" is always
mandatory, the word "person" includes a firm, association, organization, partnership, trust,
corporation or company, as well as an individual; the word "lot" includes the words "plot"
or "parcel"; the word "building" includes the word "structure"; the words "used" or
"occupied," as applied to any land or building, shall be constructed to include the words
"intended, arranged, or designed to be used or occupied"; the words "map" or "zoning
map" mean the zoning map(s) of the zoning jurisdiction of the City of Kalispell that
delineate the area to be governed by these regulations.
(1) Abandonment. The act of intentionally and permanently giving up, surrendering,
deserting or relinquishing property, or a property right. In regard to a use, it is the
actual cessation of a "nonconforming use" coupled with the intent not to put the
premises again to the same use. Proof of said intent not to abandon must be clearly
inferable from existing facts, such as actively pursuing in good faith the sale of
lease of a property as a continuation of the existing use.
(2) Abandoned Sign. A sign which no longer identifies or advertises a bona fide
business, lessor, service, owner, product, or activity, and/or for which no legal
owner can be found.
(3) Accessory Building/Structure. A detached subordinate building/ structure
situated on the same lot with the principal building/structure and used for an
accessory use.
(4) Accessory Use. A subordinate use of a building, other structure, or use of land:
(a) Which is clearly incidental to the primary use of the principal building,
other structure, or use of land; and
(b) Which is used customarily in connection with the principal building, other
structure, or use of land; and
Definitions - 157
(c) Which is located on the same zoned lot with the principal building, other
structure, or use of land.
(5) Agriculture. The use of land for agricultural, horticultural and silvicultural
purposes, including farming, dairying, pasturage, grazing land, animal and poultry
husbandry, feed lots, and includes the necessary accessory uses for packing,
treating, storing or shipping of products. Does not include the manufacturing
aspects of timber or agricultural activities such as animal slaughtering, wood
processing plants, etc.
(6) Airport. Any runway, landing area or other facility whether publicly or privately
owned and operated, and which is designed or used either by public carriers or by
private aircraft for the landing and taking off of aircraft and/or helicopters,
including all necessary taxiways, aircraft storage and tie -down areas, hangars and
other necessary buildings and open spaces.
(7) Alley. A passage or way, open to public travel, and dedicated to public use,
affording a secondary means of vehicular and pedestrian access to abutting lots and
not intended for general traffic circulations.
(8) Alteration. A change or rearrangement of the structural parts of existing facilities,
or an enlargement by extending the sides or increasing the height or depth, or the
moving from one location to another.
(9) Arterial. A street having the primary function of moving traffic and secondary
function of providing access to adjacent land. Arterials generally carry relatively
large volumes of traffic. Arterials have two to four lanes of traffic and provide
limited access to abutting property.
(10) Assembly — Heavy. The fitting or joining of parts of a mechanism by means of
fasteners, nuts and bolts, screws, glue, welding, or other similar technique which
may include the construction, stamping, or reshaping of any of the component
parts. Heavy assembly may generate noise, vibration, smoke, or odors outside of
the structure housing the activity or off -site. Activity may occur both indoors and
outdoors.
(11) Assembly — Light. The fitting together of already manufactured parts into a
complete or semi -complete unit. (This would not limit the casting or forming of
some components on site but such processes would typically not generate noise,
vibration, smoke or odor.) Typically, all activity usually occurs indoors.
Definitions - 158
(12) Assembly halls/stadiums/convention hall facilities. An open, partially enclosed,
or fully enclosed facility used or intended to be used primarily for spectator sports,
entertainment events, expositions, and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas, and amphitheaters.
(13) Athletic Club. A facility designed for the major purpose of physical fitness which
includes, but is not limited to, such equipment as weight resistance machines,
whirlpools, saunas, showers, swimming pools and lockers.
(14) Auction Yards, Livestock. Any sale where livestock is sold by an auctioneer in
an outdoor setting.
(15) Automobile Sales and/or Repair. An open area, other than a street, used for the
display, sale or repair of new or used automobiles, boats, RVs, motorcycles, or
trailers.
(16) Automobile Detailing Shop. A facility wherein automobiles are cleaned. The
seats and carpet are generally shampooed and the engine compartment degreased.
The exterior is generally waxed. Customary and incidental associated uses shall not
include painting, body work, or mechanical repair.
(17) Automobile or Vehicle Body Shops. A facility which provides collision repair
services, including, but not necessarily limited to, welding, body frame
straightening, replacement of damaged parts, and painting.
(18) Automobile Service Station. Any building or premises used primarily for the
retail sale of gasoline and lubricants, but which may also provide for the incidental
servicing of motor vehicles including grease racks, tire repairs, battery charging,
hand washing of automobiles, sale of merchandise and supplies related to the
servicing of motor vehicles and minor replacements, but excluding body and fender
work, engine overhauling, painting, welding, storage of automobiles not in
operating condition or other work involving noise, fumes, glare or smoke.
(19) Automobile Wrecking/Salvage. The dismantling or wrecking of motor vehicles
or trailers, or the storage, sale or dumping of dismantled or partially dismantled,
obsolete or wrecked vehicles or their parts.
(20) Bakery. An establishment primarily engaged in the retail sale of bakery products,
but which may involve the production of baked goods for off -site sales.
(21) Banks and Financial Institutions. An establishment that is open to the public and
primarily engaged in the receipt, disbursement of exchange of funds and currencies,
and that performs closely related functions such as making loans, investments, and
fiduciary activities.
Definitions - 159
(22) Barber and Beauty Services. Includes barber shops, hair styling, salons, nail care,
hair removal, ear piercing, and other such similar businesses.
(23) Bars and Taverns. An establishment whose primary activity is the sale of
alcoholic beverages to be consumed on the premises.
(24) Bed and Breakfast. "Bed and Breakfast" means a single-family dwelling with a
resident family or manager in permanent residence where bedrooms without
individual cooking facilities are rented for overnight lodging. Breakfast may be
provided by the resident(s) to the overnight patrons.
(25) Billboard. A standard outdoor advertising sign no larger than 288 square feet in
area which is designed to advertise products, services or businesses not located on
the premises on which the sign is located. A sign shall not be considered a billboard
unless the sign is designed with a surface on which temporary poster panels or
painted bulletins are mounted for the purpose of conveying a visual advertising
message.
(26) Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination
thereof used to physically and visually separate one use or property from another in
order to mitigate the impacts of noise, light, or other nuisance.
(27) Buildable Width. The distance between the required side setbacks (or side and
side corner setbacks) of a lot. (Figure 13)
Figure 13: Building Width, Building Frontage, and Building Line
LOT LINE
------- ------
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building
I line I W
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I ----- building frontage,----- I
1 I
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r------- rroneyebsetback
------�
6ldowolk
STREET
(28) Building. Any structure having a roof supported by columns or walls for the
housing or enclosure of persons, animals or chattels. When any portion thereof is
completely separated from every other portion thereof by a division wall without
openings then each such portion shall be deemed to be a separate building.
Definitions - 160
(29) Building Frontage. The maximum width of a building measured in a straight line
parallel with the abutting street, or, if the abutting right-of-way is a curved line,
parallel with a line tangent to the property line at its midpoint. (See figure 13
above)
(30) Building Height, Maximum. The maximum allowable vertical distance from the
undisturbed ground level at the eave line of the building to a plane that is parallel
with that undisturbed ground at the highest point of the roof or parapet wall.
Variable slopes would require multiple planes to be established. (Figure 14)
Figure 14: Building Height, Maximum
Aawdng build q height
hfilg hegAl MUSUred
iron natural grade Eo
N9W point an rout
MvAmum J I Ymbis building huyh
W
(31) Building Line. The line of that face, corner, roof or part of a building nearest the
property line. A building line shall be established parallel to the property line which
that side of the building faces or, if the abutting right-of-way is a curved line,
parallel with a line tangent to the property line at its midpoint. (See figure 13
above)
(32) Business. The purchase, sale, offering for sale, or other transaction involving the
handling or disposition of any article, service, substance or commodity for
livelihood or profit, or the management or occupancy of the office buildings,
offices, recreation or amusement enterprises, or the maintenance and use of
buildings, offices, structures, or premises by professions and trades or persons
rendering services.
(33) Campground. Any area or tract of land used or designed to accommodate
two or more camping parties, including cabins, tents, camping trailers or other
camping outfits (see also: Recreational Vehicle Park).
Definitions - 161
(34) Canopy Structure. Any overhead protective structure which is constructed in
such a manner as to allow pedestrians/vehicles to pass under.
(35) Carport. A structure to house or protect motor vehicles which has at least fifty
percent of the total area of its sides open to the weather.
(36) Casino. An establishment that offers any form of legalized gambling authorized
under Title 23, Chapter 5, Parts 1 (except for Section 23-5-160 regarding shaking
dice or shake -a -day games) and 3 through 6, Montana Code Annotated, either as a
primary use or as an accessory use. Organizations and facilities designated as
exempt under state law shall not be classified as casinos.
(37) Catering Establishment. An establishment in which the principal use is the
preparation of food and meals on the premises, and where such food and meals are
delivered to another location for consumption.
(38) Change of Use. The replacement of an existing use by a new use, or a change in
the nature of an existing use, but not including a change of ownership, tenancy, or
management where the previous nature of the use, line of business, or other
function is substantially unchanged.
(39) Church. A building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship, and which building, together with its
accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain public worship.
(40) Clear Vision Triangle. As defined by City of Kalispell Ordinance No. 940A., it is
an area established within a triangular area formed by the intersection of the center
lines of the adjoining streets and a straight line connecting points on such center
lines eighty feet from such intersection, in which the height of landscaping and
vegetation is limited. (Figure 15)
Definitions - 162
Figure 15: Clear Vision Triangle
OF WAY-
---------------
----------------- ..............
line
-22
C7
2
Centerline
Clear Vision Triangle
(41) Club. An incorporated or unincorporated association of persons organized for
social, fraternal, religious, athletic, educational, literary or charitable purposes
whose activities are confined to the members and their guests and are not extended
to the general public.
(42) Collector. A street or road having the equally important functions of moving
traffic and providing access to adjacent land. Collector streets have two traffic lanes
and two parking lanes.
(43) Commence. To start or begin; in relation to a project, "commence" means taking
active steps towards starting a project, as opposed to intentions, and includes, but is
not necessarily limited to, good faith efforts to secure financing, finalize plans,
acquire additional permits necessary for construction, site preparation/construction,
and/or actually beginning operation of the business/use. See also: abandonment.
(44) Commercial. Any activity conducted with the intent of realizing a profit from the
sale of goods or services to others.
(45) Community Center. A place, structure, area, or other facility used for and
providing religious, fraternal, social, or recreational programs. It is not operated for
profit and generally open to the public and designed to accommodate and serve the
community.
(46) Conditional Use. "Conditional use" means a use that may be allowed in one or
more zones as defined by this ordinance but which, because of characteristics
Definitions - 163
peculiar to such use, or because of the size, technological processes or equipment,
or because of the exact location with reference to surroundings, streets and existing
improvement or demands upon public facilities, requires a special degree of control
to make such uses consistent with and compatible to other existing or permissible
uses in the same zone or zones.
(47) Condominium. An estate in real property consisting of an undivided interest in
common in a portion of a parcel of real property, together with a separate interest in
the space in a residential, industrial, or commercial building on such real property
such as an apartment, office, or store.
(48) Contractor's Storage Yard. Open spaces used for the storage of machinery,
equipment, materials, and supplies used by the contractor in the pursuit of his
business. This is intended to be a yard owned or leased by a contractor engaged in
some kind of construction work.
(49) Day Care. A use which means care for children or adults other than the parent or
other person living with the individual on a regular basis for daily periods of less
than 24 hours, whether that care is for daytime or nighttime hours. Family day care
home means a place in which supplemental care is provided to three to six children
or adults on a regular basis. Group day care home means a place in which
supplemental care is provided to seven to 12 children or adults on a regular basis.
Day care center means a place in which care is provided to 13 or more children or
adults on a regular basis.
(50) Density. The number of dwelling units per gross acre in any residential
development.
(51) Detached. A building/structure surrounded on all sides by open space.
(52) Developed Properties. A lot upon which a principal structure is located upon or a
lot that is developed for its intended use (e.g. parking lot or park.)
(53) Discontinued Sign. A sign which no longer identifies or advertises a bona fide
business, service, product or activity on the property where it is located.
(54) District, Use. An area defined as to boundaries and location on an official zoning
map and within which area only certain types of land uses are permitted and within
which other types of land uses are excluded, as set forth in this ordinance.
(55) Dwelling. A building used for human residential purposes.
(56) Dwelling, Duplex. A building designed as two structurally joined dwelling units
and occupied exclusively by one family per dwelling unit living independently of
Definitions - 164
each other, and with separate entrances. "Structurally joined" means a substantial
structural connection with a roof and other features. "Structurally joined" shall not
include such improvements as decks, patios, architectural embellishments, below -
grade connections, or other connections not involving a substantial roof connection.
(Figure 16)
Figure 16: Dwelling, Duplex
r i
r i
i I
g Duplex Un It I DupleFx U.nit 2
L-L
I A
I I
L - - - - - - - - - pow tyWo---------J
(57) Dwelling, Multi -Family. A building or buildings attached to each other and
containing three or more dwelling units. The term "multi -family dwelling" is
intended to apply to such dwelling types as triplex, fourplex, or apartments where
any dwellings have their primary access to a common hallway or corridor or
directly to the outside.
(58) Dwelling, Single -Family. A building designed with living quarters for occupancy
by one household only, and containing one dwelling unit on a lot.
(59) Dwelling, Townhouse. Ownership of a parcel of land with an attached single-
family dwelling unit that is connected with other similar dwelling units but
separated from the other similar dwelling units by a common party wall having no
doors, windows or other provisions for human passage or visibility.
(60) Dwelling Unit. One or more rooms designed for or occupied by one household for
living or sleeping purposes and containing kitchen and bathroom facilities for use
Definitions - 165
solely by one household. All rooms comprising a dwelling unit shall have access
through an interior door to other parts of the dwelling unit.
(61) Energy Production. Any facility or installation such as a windmill, hydroelectric
unit or solar collecting which is designed and intended to produce energy from
natural forces such as wind, water, sunlight, or geothermal heat, or from biomass,
for primarily off -site use.
(62) Enlarged. For structures, additions which increase the square footage of the
structure; for uses, expansion of services offered or an increase in the square
footage of the building or lot occupied.
(63) Environmental Factors. Physical characteristics such as streams, rivers, hills,
ponds, wetlands and high ground water which affect development of the land. This
includes but is not limited to slopes in excess of 30%, the 100-year floodplain and
critical wildlife habitat.
(64) Extractive Industries. "Extractive industries" are commercial or industrial
operations involving the removal and processing of natural accumulations of sand,
rock, soil, gravel or any mineral.
(65) Fence. A masonry wall or a barrier composed of posts connected by boards, rails,
panels or wire for the purpose of enclosing space or separating parcels of land. The
term "fence" does not include retaining walls.
(66) Fixture. The assembly that holds a lamp and may include an assembly housing, a
mounting bracket or pole socket, a lamp holder, ballast, a reflector or mirror, and a
refractor or lens.
(67) Floodplain. The areas subject to the City of Kalispell Floodplain Management
Ordinance, generally the channel of a river or stream and the area adjoining a river
or stream, which would be covered by floodwater of a base flood except for
designated shallow flooding areas that receive less than one foot of water per
occurrence. The floodplain consists of a floodway and a floodway fringe.
(68) Food Bank. An establishment operated by a non-profit entity for the distribution
of groceries to the general public for free.
(69) Food Processing — Heavy. The preparation, processing, or canning and packaging
of food products. Associated preparation, processing, canning or packaging of food
may generate noise, vibration, smoke, or odors outside of the structure housing the
activity or off -site.
Definitions - 166
(70) Food Processing — Light. The preparation, processing, or canning and packaging
of food products. Associated preparation, processing, canning or packaging of food
would typically not generate noise, vibration, smoke or odor outside of the
structure housing the activity.
(71) Forest Products and Manufacturing. An establishment which utilizes wood in
conjunction with mechanical or chemical transformations to create new wood
products such as boards, veneers, particle board and fiber board for construction
purposes.
(72) Four Sided Architecture. Design of a building to create a street view design
elements to all sides of a building.
(73) Frontage. The length of the property line of any one premise along a public right-
of-way on which it borders.
(74) Frontage, Lot. The distance for which the front boundary line of the lot and the
street line are coincident.
(75) Garage. An accessory building or an accessory portion of the main building,
enclosed on not less than three sides and designed or used only for the shelter of
vehicles owned or operated by the occupants of the main building or buildings and
which does not exceed 1,000 square feet in size.
(76) Gateway Entrances. A street, typically an arterial street, that is one of the main
thoroughfares into and out of the city as identified on the Kalispell Growth Policy
Future Lane Use Map.
(77) Glare. Direct light emitted by a luminaire that causes reduced vision or
momentary blindness.
(78) Golf Course. A tract of land laid out for playing a game of golf and improved with
tees, greens, fairways, and hazards. A golf course may include a clubhouse (which
may include a restaurant, bar and limited retail), restrooms, driving range, and
shelters as accessory uses.
(79) Grade. The average level of the finished ground surfaces surrounding a structure,
within a distance of 20 feet.
(80) Greenhouses, Nursery, Landscaping Materials. An establishment where
flowers, shrubbery, vegetables, trees, and other horticultural and floricultural
products are grown both in open and enclosed buildings and includes the storage
and sale of dirt, rocks, bark, mulch and similar complimentary materials for the
landscaping and growing of flowers, shrubbery, vegetables and trees.
Definitions - 167
(81) Gross Acreage. The entirety of the area within the boundaries of the proposed
development properties.
(82) Gross Area. The area of a lot including all private accessways, roadway and/or
alley easement within the lot boundaries.
(83) Group Home. A residential facility for eight or fewer persons (as a protected use
under state law) or for nine or more persons, excluding the supervisors/operators,
providing living facilities, sleeping rooms and meals and which shall have a permit
issued by the appropriate governmental agency (See Section 76-2-412, MCA). This
definition also includes a youth foster home, a kinship foster home, a youth shelter
care facility, a transitional living program, or youth group home as further defined
in Section 52-2-602 MCA; a halfway house operated in accordance with
regulations of the department of public health and human services for the
rehabilitation of alcoholics or drug dependent persons; a licensed adult foster
family care home; or an assisted living facility licensed under Section 50-5-227
MCA.
(84) Growth Policy. A general long range plan which guides development and growth
of the city and is officially adopted by the Kalispell City Council.
(85) Heavy Equipment, Sales and Service. The sale and repair of large equipment
including but not limited to: trucks with greater than a one and one-half ton rating,
cranes, crawler -type tractors, earth movers, dump trucks, and other equipment of
equal or greater size and weight.
(86) Heavy Industrial. Industrial uses and services that include the processing of raw
materials (timber, wood chips, minerals, gravel, etc.) and use yards or out buildings
for the storage and manipulation of the raw materials. Uses include, but are not
limited to, mills, refineries, crushing facilities, stamping facilities, etc. These uses
are often, but not always, associated with by-products.
(87) Home Occupation. A home occupation is any occupation, profession, activity or
use which is clearly a customary, incidental and secondary use of a residential
dwelling unit and which does not alter the exterior of the property or affect the
residential character of the neighborhood.
(88) Homeowner's Park. A park which has been dedicated as part of a subdivision for
the primary use by the property owners within the subdivision, and is maintained
through private funds provided from annual fees paid to the homeowner's
association. A homeowner's park may include a community center.
Definitions - 168
(89) Hotel/Motel. A building, containing five or more individual sleeping rooms or
suites, each having a private bathroom attached thereto, for the purpose of
providing overnight lodging facilities to the general public for compensation with
or without meals, excluding accommodations for employees. Where a hotel/motel
is permitted as a principal use, all uses customarily and historically accessory
thereto for the comfort, accommodation and entertainment of the patrons, including
the service of alcoholic beverages, shall be permitted upon proper licensure.
However, any use classified as a "casino" shall be considered to be a separate
principal use on the property and shall be subject to the appropriate regulations
under this ordinance.
(90) Interior Lot Lines. The common boundary line between two or more adjoining
lots under common ownership.
(91) 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.
(92) Laboratories, Tech Research, Development and Testing. A building or group of
buildings in which are located facilities for scientific research, development,
testing, assembly, repair, and manufacturing such as: biotechnology,
pharmaceuticals, medical instrumentation or supplies, communications and
information technology, electronics and instrumentation, and computer hardware
and software. Office, warehousing, wholesaling, and distribution of the finished
products produced at the site are allowed as part of this use.
(93) Lamp. The component of a luminaire that produces the light.
(94) Landfills. A lot or portion thereof used for the burial of non -hazardous and non-
medical farm, residential, institutional, commercial, or industrial waste.
(95) Landscaping. Some combination consisting primarily of planted, living trees,
shrubs, hedges, vines, ground cover and flowers suitable for the climate, exposure
and site condition. In addition, the combination or design may include earth
sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural
features as foundations, pools, art works, screens, walls, fences or benches, but
such objects alone shall not meet the requirements of this provision. The selected
combination of objects and plants for landscaping purposes shall be arranged in a
harmonious manner compatible with the building and its surroundings.
(96) Light Emitting Surface. Any part of a fixture (lamp, diffuser) which emits light
rays.
Definitions - 169
(97) Light Manufacturing. The manufacturing, fabricating or casting of individual
components of a larger unit or a complete unit. All such processing must occur
indoors and would not typically generate noise, vibration, smoke, dust or odor
detectable at the property boundary line. Furthermore, all new materials and final
components should be limited in size, bulk and weight so that they could be
handled by one worker without the aid of machines.
(98) Light Pollution. General sky glow caused by the scattering of artificial light in the
atmosphere, much of which is caused by poorly designed luminaire.
(99) Light Shield. Any attachment which interrupts and blocks the path of light emitted
form a luminaire or fixture.
(100) Light Source. A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
(101) Light Trespass. Light emitted by a luminaire that shines beyond the boundaries of
the property on which the luminaire is located.
(102) Loading Space. A space or berth used for the loading or unloading of cargo,
products, or materials from vehicles.
(103) Lot. A parcel of land, tract, or lot on file and of record in the office of the Clerk
and Recorder, Flathead County, Montana. A zoning lot may include multiple
contiguous lots held in single ownership upon written determination by the Zoning
Administrator.
(104) Lot Area. The total horizontal area within the boundary lines of a lot. Where
surface utility or street easements are located within a parcel, lot area computation
shall not include that area contained within the easement.
(105) Lot Coverage. The total area of a lot covered by the principal and accessory
buildings, or structures including any area occupied by overhangs or roofs and any
attachment to a building or structure, but excluding (a) open decks less than 30
inches in height. (Measured from grade to top of the platform); and (b) an eave
extending up to two feet from the exterior wall of the building or structure.
Definitions - 170
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(106) Lot, Flag. An irregularly shaped lot typified by being almost entirely land -locked
and having limited access and/or no direct frontage. Access to a public or private
street is typically by an extended strip of land either deeded or by easement. For
development setbacks, the property boundary abutting a public or private street
shall be the front of the lot with the associated front setback; all other lot line
setbacks shall adhere to the rear setback requirement of the district.
(107) Lot, Interior. A lot fronting on one street. (See Figure 17 above)
(108) Lot, Length. The length (or depth) of a lot shall be:
(1) If the front and rear lines are parallel, the shortest distance between the
lines.
(2) If the front and rear lines are not parallel, the shortest distance between the
midway point of the front lot line and midpoint of the real lot line.
(3) If the lot is triangular, the shortest distance between the front lot line and a
line parallel to the front lot line, not less than ten feet long lying along the
rear of the lot but still wholly within the lot.
Definitions - 171
(109) Lot Line. (See Figure 17 above)
(1) Lot, Front — The front property line of a lot shall be determined as follows:
(a) Corner Lot — The front property line of a corner lot shall be the
shorter of the two lines adjacent to the streets as platted, subdivided
or laid out. Where the lines are equal, the front line shall be that line
which is obviously the front by reason of the prevailing custom of
the other buildings on the block. If such front is not evident, then
either may be considered the front of the lot, but not both.
(b) Interior Lot — The front property line of an interior lot shall be the
line bounding the street frontage.
(c) Through Lot — The front property line of a through lot shall be that
line which is obviously the front by reason of the prevailing custom
of the other buildings in the block. Where such front property line is
not obviously evident, the Zoning Administrator shall determine the
front property line. Such a lot over 200 feet deep shall be
considered, for the purpose of this definition, as two lots each with
its own frontage.
(d) Lot, Rear — The rear property line of the through lot is that lot line
opposite to the front property line. Where the side property lines of a
lot meet in a point, the rear property line shall be assumed to be a
line not less than ten feet long, lying within the lot and parallel to the
front property line. In the event that the front property line is a
curved line then the rear property line shall be assumed to be a line
not less than ten feet long, lying within the lot and parallel to a line
tangent to the front property line at its midpoint.
(e) Lot, Side — The side property lines of a lot are those lot lines
connecting the front and the rear property lines of a lot.
(f) Lot, Side Corner — On a corner lot, it is the remaining street frontage
after the front lot line has been determined.
(110) Lot, Through. A lot fronting on two streets that do not intersect on the
parcel's lot lines. May be referred to as "double frontage lot". (See figure 17
above)
Definitions - 172
(111) Lot Width. The dimension of the lot line at the street, or in an irregular
shaped lot the dimension across the lot at the building line, or in a corner lot
the narrow dimension of the lot at a street or building line.
(112) Luminaire. The complete lighting system, including the lamp and the
fixture.
(113) Manufactured Home. A single-family dwelling, built off -site in a factory
on or after January 1, 1990, that is placed on a permanent foundation, is at
least 1,000 square feet in size, has a pitched roof and siding materials that
are customarily used on site -built homes, and is in compliance with the
applicable prevailing standards of the United States Department of Housing
and Urban Development at the time of its production.
(114) Manufacturing — Heavy. The manufacturing of products from raw or
unprocessed materials, where the finished product may be combustible or
explosive. This category shall also include any establishment or facility
using large unscreened outdoor structures such as conveyor belt systems,
cooling towers, cranes, storage silos, or similar equipment that cannot be
integrated into the building design, or engaging in large-scale outdoor
storage. Any industrial use that generates noise, odor, vibration,
illumination, or particulate that may be offensive or obnoxious to adjacent
lands uses, or requires a significant amount of on -site hazardous chemical
storage shall be classified under this land use. Heavy manufacturing may
generate noise, vibration, smoke, or odors outside of the structure housing
the activity or off -site. Activity may occur both indoors and outdoors.
(115) Manufacturing — Light. An establishment engaged in the indoor
manufacturing, assembly, fabrication, packaging or other industrial
processing of finished parts or products, primarily from previously prepared
materials where such process would not typically generate noise, vibration,
smoke or odor. Typically, all manufactured fabricated parts and the final
assembled or packaged product would be limited in size, bulk and weight so
that it could be handled by one worker without the aid of machines.
Furthermore, all activity usually occurs indoors.
(116) Marquee. Any permanent roof -like structure projecting beyond a building
or extending along and projecting beyond the wall of the building, generally
designed and constructed to provide protection from the weather.
(117) Maximum sign area allowance. The total amount of sign area permitted
for a lot.
Definitions - 173
(118) Media (newspaper, radio, TV). Establishments primarily engaged in the
provision of broadcasting, electronic or printed publications containing
information and editorials on current events and news of general interest.
(119) Media, towers and facilities (accessory). A tower, pole, or similar
structure that supports a telecommunications antenna operated for receiving
or transmitting communication signals in the day to day operations of a
media company. Such tower, pole, or similar structure shall be located on
the same lot as the media company utilizing such equipment.
(120) Micro -Brewery, Brew Pub and Mini -Brewery. A brewery where the
total amount of beer sold or delivered directly to all retailers does not
exceed 10,000 barrels a year and is licensed in accordance with state law.
(121) Mini-Storage/Recreational Vehicle Storage. Storage facilities intended
primarily for domestic usage and generally do not exceed 400 square feet
per unit.
(122) Moved. The physical act of transporting a structure from one location on a
lot to another location on the same lot or from one lot in the city to a
different lot in the city.
(123) Nameplate. A non -electric on -premise identification sign giving only the
name, address, and/or occupation of an occupant or group of occupants.
(124) Neighborhood. Less than city-wide in scale. Typically this would be an
area of one-half (1/2) mile, but not more than one mile, in radius which has
a set of unifying characteristics such as housing style or quality, similar
income strata, economic livelihood, topographic features, local recreational
facilities or convenience shopping. Residents would normally be within
walking distance of basic convenience services. Factors such as a railroad
and highway rights -of -way, major streets, rivers and severe topographic
constraints will form boundaries and serve to separate neighborhoods.
(125) NITS. Visible light intensity commonly used to specify brightness of a
LCD computer display. One nit is equivalent to one candela per square
meter.
(126) Nonconforming. A condition that occurs when, on the effective date of
adoption of this code or a previous ordinance or on the effective date of an
ordinance text amendment or rezoning, an existing lot, structure, building,
sign, development, or use of an existing lot or structure does not conform to
Definitions - 174
one or more of the regulations currently applicable to the district in which
the lot, structure, building, sign, development, or use is located.
(127) Office — Medical with Limited Overnight Stay. A facility other than a
hospital where human patients may be lodged overnight for up to five days
for examination and treatment by a group of physicians or other health care
professionals.
(128) Office, Professional/Governmental. An office for the use of a person or
persons generally classified as professionals, such as architects, engineers,
attorneys, accountants, doctors, dentists, chiropractors, psychiatrists,
psychologists, and the like (but wherein no overnight care for patients is
given). This would also include, but not be limited to, title companies,
travel agencies, insurance companies, real estate offices, and other persons
providing services utilizing training in and knowledge of the mental
discipline as distinguished from training in occupations requiring
mechanical skill or manual dexterity or the handling of commodities.
(129) Office Zoning Map. The map delineating the boundaries of zoning
districts which, along with the zoning text, comprises the zoning ordinance.
(130) Off -Street Loading Berth. A space, exclusive of driveways, aisles,
maneuvering areas, ramps, and landscaping areas for the temporary parking
of a commercial vehicle while loading or unloading goods or materials, and
which abuts upon a street, alley, or other appropriate means of access.
(131) Off -Street Parking. Parking facilities for motor vehicles on other than a
public street or alley.
(132) Open Space. Any part of a lot unobstructed by structure(s) from the
ground upward. Any area used for parking or maneuvering of automotive
vehicles or storage of equipment or refuse shall not be deemed open space.
(133) Pack and Ship Shops. A small, primarily retail establishment which, in
addition to selling supplies for mailing and shipping, would accept packages
for shipping through private carriers. A public post office is not a pack and
ship shop.
(134) Parent Lot. In instances where sublots are created, the parent lot is defined
as the land within the exterior boundaries of those sublots which are
intended to have adjoining structures and intended to be developed with
townhouse -style construction with no setbacks along the interior sublot
Definitions - 175
lines within the parent lot. Setbacks and other property development
standards are applied to the external boundaries of the parent lot.
(135) Parks. A noncommercial, not -for -profit facility designed to serve the
recreation needs of the residents of the community. Such facilities include
mini parks, neighborhood parks, community parks, large urban parks,
regional parks, and special use areas, linear parks and open spaces, all as
described in the Parks and Recreation Comprehensive Master Plan. Such
facilities may also include, but shall not be limited to, ball fields, football
fields, soccer fields, and pools/spray parks if they meet the above definition.
Commercial amusement facilities, such as water slides, go-cart tracks, and
miniature golf courses and passive open spaces shall not be considered
parks. (See also: Homeowner's Park)
(136) Permanent. Having attachment to the ground through the use of a footing
and foundation system in conformity with existing building codes.
(137) Permanent Residence. An individual's primary place of abode.
(138) Permitted Use. Any use authorized or permitted alone or in conjunction
with another use in a specified district and subject to the limitations of the
regulations of such use district.
(139) Person. For the purposes of this chapter, any individual, corporation,
association, firm, partnership, or similarly defined interest.
(140) Photographic Studios. An establishment primarily engaged in the
business of taking and processing photos, typically with a room designed
for portrait sessions, as distinguished from a retail store which would
process photos taken by a customer.
(141) Platted Lot Lines. Lot lines established through the subdivision process.
(142) Point of Purchase Display. Advertising of a retail item accompanying its
display, e.g., an advertisement on a product dispenser.
(143) Pre -Release Center. Pre-release centers are community based correctional
facilities operated by either the State or non-profit Montana corporations
under contract with the Department of Corrections. The facilities provide
supervision, counseling, assistance in locating employment, life skills
training, and guidance. They function as a component of the State
correctional system.
Definitions - 176
(144) Principal Use. The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
(145) Principal Structure. The main structure on a property which would
typically house a principal use.
(146) Print and Copy Shops. An establishment primarily engaged in the
business of providing services related to photocopying, printing, and
production of documents for individual customers, as opposed to larger
scale printing/publishing operations.
(147) Property Development Standards. Standards general relating to bulk and
dimensional requirements which govern the development of land and/or
structures.
(148) Quasi -Public. Any facility to which a class or a group of the public is
permitted to attend or use subject to the regulations of a club or other
organization owning or regulating such facility.
(149) Reader Board. Any sign which is designed to intermittently change copy,
whether electronically, manually, or by changing panels. In relation to
electronic reader boards, this definition encompasses any sign that uses
changing lights to form a sign message or messages wherein the sequence
of messages and rate of change is electronically programmed and can be
modified by electronic processes.
(150) Reconstructed. The rebuilding of a structure in such a manner and to such
an extent as to substantially replace the existing structure.
(151) Recreational Area, Indoor. A commercial recreational land use conducted
entirely within a building, including, but not necessarily limited to, an
arcade, bowling alley, gymnasium, pool or billiard hall, skating rink,
swimming pool, or tennis court.
(152) Recreational Area, Outdoor. Predominantly participant uses conducted in
open or partially enclosed or screened facilities. Typical uses include
driving ranges, go-karts, miniature golf, swimming pools, and tennis courts.
(153) Recreation Vehicle. A travel trailer or camping trailer designed to be
towed, motorized homes, and pick-up campers or coaches designed and
constructed for human habitation, which can be operated independently of
utility connections and designed to be used principally as a temporary
dwelling for travel, recreation and vacation and is not intended for
permanent or year-round habitation.
Definitions - 177
(154) Recreational Vehicle Park. Any lot, tract or parcel of land used or offered
for use in whole or in part with or without charge for the parking of
occupied recreational vehicles, tents or similar devices used for temporary
(i.e. 180 days or less) living quarters for recreational camping or travel
purposes. (See also: Campground).
(155) Repairs and Maintenance. The repair or replacement of fixtures, wiring,
roofing, plumbing, or structural components not exceeding 25% of the
replacement value of the building or structure.
(156) Replacement Permit. In relation to billboards, it is a permit issued to
anyone who permanently removes a lawfully existing billboard which
allows the installation of a new billboard at the same or different location.
(157) 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.
(158) Residential Care Home or Facility. A facility that provides for long-term
residence with one or more of the following types of care: 24-hour per day
substitute care, food, lodging, training, education, supervision, habilitation,
rehabilitation, and treatment they need, but which for any reason cannot be
furnished in the person's own home.
(159) Restaurant. Any land, permanent building, structure or portion thereof,
where food is provided for sale for consumption on the premises for three or
more persons, or where food is prepared and sold for consumption off the
premises, including a cafe, coffeehouse, lunchroom, tearoom, dining room,
drive-in, carry -out, or other similar establishments, shall be considered a
restaurant; however, any establishment where the preparation of food is
merely incidental to the sale of food products, such as grocery stores and
food markets, shall not be included. Restaurants and cafeterias connected
with the operations of hospitals, nursing homes, boarding houses, schools,
and private industry for employees and their guests shall be considered as
accessory to the principal use.
(160) Retail. A business serving the consumer needs of the general public as
opposed to a business that is a producer or a wholesaler of goods. Retail
businesses include, but are not limited to the following:
shops/stores/businesses that sell gifts, cards, appliances, art, art supplies,
automobile parts, bicycles, books, stationary, camera supplies, clothing,
Definitions - 178
flowers, groceries, furniture, garden supplies, hardware, toys, paint, shoes,
sporting goods, wall and floor coverings, jewelry, electronics, pet and pet
supplies, and/or crafts. Except as otherwise referenced elsewhere in this
ordinance, other uses specifically listed as permitted or conditional uses in
Section 27.04 through 27.18 shall not be deemed retail businesses for the
purpose of this ordinance.
(161) Retail, Limited. A retail use limited to a specified list provided in the
ordinance.
(162) Right -of -Way. Any road or street maintained and used for access and
travel. A right-of-way includes not only the constructed roadway, but also
the entirety of the strip of land acquired by reservation, dedication,
prescription, or condemnation, or otherwise set aside, for purposes of the
right-of-way. A right-of-way may be either private (not publicly owned and
maintained) or public.
(163) Right -of -Way Line. The lines that form the boundaries of the right-of-
way.
(164) Road. See "Street."
(165) Safe Houses. A safe house is typically operated as a community based non-
profit organization intended to stop abuse in the family environment by
providing crisis intervention, shelter services for abuse victims, counseling,
advocacy and education without regard to gender, age, race or economic
status. The safe house will typically operate on a 24 hour basis providing
victims of domestic violence and their children a refuge from their abusers.
(166) School, Commercial. A building where instruction is given to pupils in
arts, crafts or trades, and operated as a commercial enterprise as
distinguished from K-12 schools and college/universities endowed and/or
supported by public taxation, or similar private institutions. This category of
use would also include such forms of instruction as music lessons, martial
arts studios and dance studios.
(167) Scrap Processing Yard (Recycle/Metal Yard). Outdoor establishments
primarily engaged in assembling, breaking up, sorting, and the temporary
storage and distribution of recyclable or reusable scrap and waste materials,
including auto wreckers engaged in dismantling automobiles for scrap, and
the incidental wholesale or retail sales of parts from those vehicles. Includes
light and heavy processing facilities for recycling.
Definitions - 179
(168) Service Area. An outdoor area on a lot primarily used for loading, waste
disposal, deliveries, and/or similar activities.
(169) Setback. The horizontal distance required between any structure (i.e. the
furthest extension of the structure, typically an eave line or deck) and a lot
line. This distance is to be measured at right angles to the lot line. The
setback line shall be parallel with the lot line.
(170) Sexually Oriented Business. Sexually oriented business means an adult
arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult
motion picture theater, adult theater, escort agency, nude model studio, or
similar facilities.
(171) Shelter. A facility operated by a public or private party wherein the
temporary boarding of the transient, homeless, or indigent is provided as a
public service to satisfy a demonstrated public need.
(172) Shielded. In relation to light fixtures, shielded means a solid or opaque
covering made of metal, plastic, or similar material which creates a full cut-
off fixture by blocking light emitting from above a 90 degree angle.
(173) Shooting and Archery. The use of an outdoor area (outdoor) or a structure
(indoor) for archery and/or the discharging of firearms for the purposes of
target practice or temporary competitions.
(174) Shopping Center. One or more buildings containing at least three separate
businesses planned, developed and managed as a unit, with off-street
parking provided on the property.
(175) Showroom. A use that is primarily industrial in nature but provides limited
show room and/or retail floor area for the purpose of display and sales. The
predominate industrial character of the business would be established by
recognized product storage, warehousing, and distribution of products.
These business uses should include the manufacture, storage and
distribution of items as a primary component of the business. The use may
include delivery of items as a routine and regular part of conducting
business. This may include warehousing, staging and rental or sale of large
items or products. This would not include large scale retail outlets that
routinely warehouse and hold large inventories.
(176) Sign. Any device, structure, fixture, attractant, object, holographic,
projected or electronic image, lighting or placard using graphics, symbols,
Definitions - 180
Projecting
Sign
sidewalk
and/or written copy designed specifically for the purpose of advertising or
identifying any establishment, product, goods, or service.
Figure 18: Sign Types
Roof Sign
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Freestanding
Sign
Definitions - 181
(a) Banner. A sign made of fabric or any non -rigid material with no
enclosing framework.
(b) Campaign and election. For the purposes of this ordinance, a
temporary sign used in connection with a local, state, or national
election or ballot measure.
(c) Canopy. Any sign that is a part of or attached to an awning,
canopy, or other fabric, plastic, or structural protective cover over a
door, entrance, window, or outdoor service area. A marquee is not a
canopy. (Figure 18)
(d) Construction Sign. A temporary sign identifying an architect,
contractor, subcontractor, and/or material supplier participating in
construction on the property on which the sign is located.
(e) Directional/Information Sign. An on -premise sign giving
directions, instructions, or facility information and which may
contain the name or logo of an establishment but no advertising
copy, e.g., parking or exit and entrance signs.
(f) Freestanding and Groud Signs. A sign supported upon the ground
by poles or braces and not attached to any building. A sign attached
to a fence or freestanding wall shall be considered to be a
freestanding sign. (Figure 18)
(g) Government or Traffic Sign. Any temporary or permanent sign
erected and maintained by the city, county, state or federal
government for traffic direction or for designation of or direction to
any school, hospital, historical site, or public service, property, or
facility.
(h) Identification Sign. A sign whose copy is limited to the name and
address of a building, institution, or person and/or to the activity or
occupation being identified.
(i) Incidental Sign. A sign, generally informational, that has a purpose
secondary to the use to the zone lot on which it is located, such as
"no parking," "entrance," "loading only," "telephone," and other
similar directives. No sign with a commercial message legible from
a position off the zone lot on which the sign is located shall be
considered incidental.
Definitions - 182
(j) Inflatable. A sign displayed as part of a display inflated with air or
other gas, such as a balloon or inflatable character.
(k) Interior Window Signs. Signs mounted on the inside of a building
window or displayed in a manner so as to be visible through such a
window. (Figure 18)
(1) Marquee Sign. Any sign attached to or supported by a marquee
structure. (Figure 18)
(m) Off -Premise Sign. A sign structure advertising an establishment,
merchandise, service or entertainment, which is not sold, produced,
manufactured or furnished at the property on which the sign is
located. This does not include billboards, which are defined
separately herein.
(n) Political Sign. For the purposes of this ordinance, a temporary sign
used in connection with a political issue.
(o) Portable Sign. Any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported,
including, but not limited to, signs designed to be transported by
means of wheels; signs converted to A or T-frames; reader boards;
menu and sandwich board signs; balloons used as signs; umbrellas
used for advertising; and signs attached to, placed on or painted on
vehicles parked and visible from the public right-of-way, unless said
vehicle is used in the normal day-to-day operations of the business.
(Figure 19)
(p) Projecting Sign. A sign, other than a flat wall sign, which is
attached to and projects from a building wall or other structure not
specifically designed to support the sign. (Figure 18)
(q) Real Estate Sign. A temporary sign advertising the real estate upon
which the sign is located as being for rent, lease, or sale.
(r) Roof. Any sign erected over or on the roof of a building. (Figure
18)
(s) Sandwich board. An advertising or business ground sign
constructed in such a manner as to form an "A" or a tent -like shape,
hinged or not hinged at the top. (Figure 19)
(t) Snipe Sign. A temporary sign or poster affixed to a tree, fence, etc.
Definitions - 183
(u) Subdivision Identification Sign. A freestanding or wall sign
identifying a recognized subdivision, condominium complex, or
development.
(v) Subdivision Sales. A sign erected in conjunction with the initial
sale of lots within a subdivision.
(w) Temporary Sign. A sign not constructed or intended for long-term
use. (Figure 19)
Figure 19: Sian Types (Temporary Signs)
IN
Portable 4
Sign
Temporary
onav % Sign
x ' typically
wire or
lathe
inseled
in ground _ r
(x) Wall Sign. A sign attached parallel to and extending not more than
18 inches from the wall of a building. This definition includes
painted, individual letter, and cabinet signs, and signs on a mansard.
(Figure 18)
Definitions - 184
(177) Sign, Area of.
Figure 20
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Sign iili ag �: �
Fame Here
a -
Sign Area;-- a x b
E
Sign J
Height -
Grade
The area of the sign shall be measured as follows:
(a) The area around and enclosing the perimeter of each cabinet,
module, or other signage shall be summed and then totaled to
determine total area. The perimeter of measurable area shall not
include embellishments such as pole covers, framing, decorative
roofing, etc., provided that there is not written advertising copy on
such embellishments. (Figure 20)
(b) The area of each cabinet, module, or other signage shall be within a
single, continuous perimeter composed of straight lines which
encloses the extreme limits of the advertising message.
(178) Sign Face. A side of the sign upon which advertising copy is placed. A
sign face may have multiple cabinets or modules. A double-faced sign is
typically comprised of two parallel faces oriented in opposite directions, but
would refer to any sign with an angle of 30 degrees or less. Signs with an
angle of more than 30 degrees are considered a single face. (Figures 20 and
4)
(179) Sign Height. The vertical distance measured from the highest point of the
sign, including decorative embellishments, to the surface grade beneath the
sign. (See figure 20)
Definitions - 185
(180) Sight Obscuring. In relation to fences and landscaping, sight obscuring
means the creation of a visual buffer between adjoining uses, or between a
use and a right-of-way.
(181) Site Built Home. A residential structure constructed on the lot where it is
intended to be permanently located.
(182) Small Engines. Engines generally associated with lawnmowers,
motorcycle engine, outboard motors, chain saws, tillers and the like. Does
not include automobile engines.
(183) Stacking Space. A place designed for cars to temporarily wait while in a
drive -through lane. Vehicles in stacking spaces typically are left running
with the driver remaining in the vehicle.
(184) Storage Containers. Any factory -built container or part thereof designed
or used for freight or storage and includes Conex boxes and sea -land
containers. Conex boxes are lockable box -like containers designed for use
by businesses to ship supplies overseas. Sea -land trailers are semi -truck
trailers with detachable undercarriages that can be stacked for ship or rail
transport.
(185) Storage Warehouse/Yard. Any lot, or portion of a lot, which is used for
the sole purpose of the outdoor storage of fully operable motor vehicles,
construction equipment, construction materials, or other tangible materials
and equipment.
(186) Streaming Video. In relation to signs, streaming video means the use or
moving video images as signage or as part of a display.
(187) Street. A public or private thoroughfare which affords the principal means
of access to abutting properties.
(188) Structure. A combination of materials constructed and erected
permanently on the ground or attached to something having a permanent
location on the ground, including signs. Not included are residential fences
less than six feet in height, driveways, sidewalks, patios and other at grade
improvements, retaining walls, rockeries, and similar improvements of a
minor character less than three feet in height.
(189) Structural Alterations/Modifications. Any change in the supporting
members of a structure, such as bearing walls or partitions, columns, beams
or girders, sign supports and frames, or any substantial change in the roof or
in the exterior walls.
Definitions - 186
(190) Structural Expansion. Any work which results in the enlargement of a
structure's height, footprint, cubic content, or other measurement of size.
(191) Sublot. A portion of a platted lot designed for separate ownership from
other portions of the lot and used for townhouse or other construction that
has separate ownership of parcels. Areas of common ownership to be
utilized as open space, setback areas, or for other purposes are not
considered to be sublots.
(192) Tattoo Parlor. A commercial use involving the marking of skin of persons
with a design by a process of pricking or ingraining an indelible pigment or
by raising scars, or similar method. A tattoo parlor would also involve body
piercing on any body part below the neck, as opposed to beauty services.
(193) Telecommunication Companies and/or Radio Common Carriers. A
company that provides wireless services. As used in this subsection,
"carrier" shall also include companies that build telecommunications towers
and lease tower space to carriers.
(194) Telecommunication Towers and Cellular Communications Towers. A
tower, pole, or similar structure that supports a telecommunications antenna
operated for commercial purpose above ground in a fixed location,
freestanding, guyed, or on a building or other structures, as distinguished
from accessory media towers and facilities.
(195) Temporary. For the purposes of these regulations, temporary shall mean a
limited period of time, generally less than 180 days when in reference to a
time frame, or not having or requiring permanent attachment to the ground,
or involving structures which have not required permanent attachment to
the ground.
(196) Truck Terminal. Any premises used by a motor freight company as a
carrier of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring, loading, and unloading
goods.
(197) Use. Any purpose for which a building or other structure or a tract of land
may be designed, arranged, intended, maintained, or occupied, or any
activity, occupation, business, or operation carried on or intended to be
carried on in a building or other structure or on a tract of land.
(198) Use District. (See District, Use)
Definitions - 187
(199) Utilities (Primary Distribution Site). A public or quasi -public service
performing some public service and subject to special governmental
regulations, or a governmental agency performing similar public services.
Such services would typically include, but are not limited to, water tanks,
electric substations, and TV cable antenna farms. This category is not
intended to cover utility lines, lift stations, and other standard minor
infrastructure components.
(200) Utility Storage Yards and Associated Offices. Open spaces used for the
storage of machinery, equipment, materials, and supplies used by the utility,
and offices used in support of the utility company.
(201) Veterinary Clinic, Large Animals. A building or premises for the medical
or surgical treatment of small or large animals or pets, including dog, cat,
livestock or other large animals. the boarding of hospitalized animals, but
excluding the boarding of animals not subjected to medical or surgical
treatment.
(202) Veterinary Clinic, Small Animals. A building or premises for the medical
or surgical treatment of small animals or pets, including dogs and cats but
not livestock or other large animals. This category includes the boarding of
hospitalized animals, but excludes the boarding of animals not subjected to
medical or surgical treatment.
(203) View -Obscuring. (See Sight -obscuring)
(204) Warehousing and Distribution. A use where goods are received and/or
stored for delivery to the ultimate customer at remote locations.
(205) Woodworking Shops, Mill Work. An establishment, relatively small in
scale, where furniture or other items made primarily of wood are
constructed through manual labor (with or without the use of power tools)
as opposed to larger scale operations, particularly those using automated
equipment.
(206) Yard. A space on the same lot with a principal building, which is open and
unoccupied other than by steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures, except as otherwise
provided in this ordinance. (See also: Lot line)
(207) Yard, Required. The minimum dimension of a front, side, rear, or side
corner yard as established by the use regulations for each district.
Definitions - 188
(208) Zero Lot Line. In relation to sublots, zero lot line means that there is no
required setback from the interior sublot boundaries within the parent lot.
Appendix A- 189
ANGLED
c
APPENDIX A
FIGURE A -I
MINIMUM PARKING LOT REQUIREMENTS
4" wide paint stripe
c tk r
b Parking Section Width
d Aisle Width
e Curb Length Per Car
f Car Stall Width
PERPENDICULAR
c
2,
m
c
D_
D
i2
`D -
a wheel
3 stop
TURNING
CLEARANCES
e & f
4" wide paint stripe
18' inside
Turning Radius
N
N a
h�
V
N
7
Appendix A- 190
FIGURE A-2
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
TWO WAY TRAFFIC
b b'
C d C C, d c'
le
'� 7 Q
a Parking Angle
b/b' Parking Section Width
c/c' Parking Bank Width
d Aisle Width
f1
v
e Curb Length Per Car
f Car Stall Width
�I
a
b
c
d
e
f
b'
c'
0-
36'
8'
20'
23'
8'
-
-
35-
56'
18'
20'
14.8'
8.5'
49'
14.5'
40-
57'
18.5'
20'
13.2'
8.5'
50'
15'
45-
58'
19'
20'
12.0'
8.5'
51'
15.5'
50-
59'
19.5'
20'
11.1'
8.5'
53'
16.5'
55-
60'
20'
20'
10.4'
8.5'
55'
17.5'
60-
60'
20'
20'
9.8'
8.5'
55'
17.5'
65-
60'
20'
20'
9.7'
8.8'
56'
18'
70-
60'
20'
20'
9.6'
9'
57'
18.5'
80-
64'
20'
24'
9.5'
9'
64'
20'
90-
64'
20'
24'
9'
9'
64'
20'
Appendix A- 191
FIGURE A-3
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
ONE WAY TRAFFIC
b b'
c d c c' d c'
le
fj
a Parking Angle
b/b' Parking Section Width
c/c' Parking Bank Width
d Aisle Width
it
Im
e Curb Length Per Car
f Car Stall Width
I e
a
b
c
d
e
f
b'
c'
0-
28'
8'
12'
23'
8'
-
-
35-
48'
17.3'
12'
14.8'
8.5'
41'
14.5'
40-
49'
18.1'
12'
13.2'
8.5'
42'
15'
45-
50'
18.7'
12'
12.0'
8.5'
43'
15.5'
50-
51'
19.2'
12'
11.1'
8.5'
45'
16.5'
55-
53'
19.6'
12'
10.4'
8.5'
47'
17.5'
60-
55'
19.8'
15'
9.8'
8.5'
50'
17.5'
65-
57'
19.9'
17'
9.7'
8.8'
53'
18'
70-
60'
19.9'
20'
9.6'
9'
57'
18.5'
80-
60'
20'
20'
9.5'
9'
60'
20'
90-
60'
20'
20'
9.0'
9'
60'
20'
Appendix B - 192
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
x
a
Residential Uses
Bed and breakfast
C
C
C
C
C
C
C
C
C
P
P
Day care - home (12 or fewer)
P
P
P
P
P
P
P
P
P
P
P
Day care - center (13 or
more)
C
C
C
C
C
C
C
AC
C
P
P
Dwellings - single family
P
P
P
P
P
P
P
P
P
P
P
Dwellings - duplex
P
P
P
P
P
P
P
P
Dwellings - townhouse (2
attached units)
C
C
P
P
P
P
P
P
P
P
Dwellings - townhouse (3 or
more attached units)
C
C
C
C
C
C
C
C
C
C
Dwellings - multi -family
C
C
C
C
C
C/P* 1
Group home - 8 or fewer
persons
C
C
C
C
C
C
C
C
C
C
C
Group home - 9 or more
persons
C
C
C
C
C
C
Guest House
C
Home occupations
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Mobile home park
C
Residential care home or
facility
C
C
C
C
C
C
C
C
C
C
C
Safe houses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public, Civic & Institutional
Uses
Aircraft hangers
P
P
Airports and heliports
C
C
Assembly
halls/stadiums/convention hall
facilities (includes public fair
grounds, auditoriums and
racetracks)
C
C
C
C
C
C
Bus station
P
P
P
P
P
P
Cemeteries, mausoleums and
columbariums
C
C
Church
C
C
C
C
P
P
P
P
P
P
P
P
Community center
C
C
C
C
C
C
C
C
C
P
P
P
P
Energy production
C
P
C
Golf courses
C
C
C
C
C
C
C
C
Homeless shelters
C
C
C
C
C
C
C
Appendix B - 193
REVISED USE
CATEGORIES
x
a
Hospital (including treatment
centers and 24 hour care
facilities)
C
C
Jail facilities
C
Police and fire stations
C
C
C
C
C
C
C
C
P
P
P
P
P
P
P
Libraries, museums and
similar cultural facilities
AC
C
P
P
P
P
Parks
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Post office
P
P
P
P
P
Pre-release centers
C
C
C
C
Schools — K-12
C
C
C
C
C
C
C
C
C
Schools — commercial
C
C
C
C
P
P
P
P
P
P
Schools —post-secondary
C
C
C
C
C
C
C
C
C
Telecommunication towers,
cellular communication
towers (including radio, TV,
internet, phone and cable
providers)
C
C
C
C
Utilities (primary distribution
site)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Retail, Service & Business
Uses
Athletic club
C
P
P
P
Auctions, indoor
P
P
P
P
Auto (RV, boats,
motorcycles) sales and/or
repair
P
C
P
P
P
Auto or vehicle body shops
C
P
P
P
Auto parking - surface
P
P
P
P
P
P
P
Auto parking - structure
C
C
C
P
Auto rental, limo, shuttle
(taxi) services
P
P
P
P
Auto service station
C
P
C
P
P
P
Bakery
P
P
P
P
P
P
Banks and financial
institutions
C
P
P
P
P
Barber and beauty services
P
P
P
P
P
P
Bars, taverns and clubs
C
AC
AC
P
Campground/RV parks
C
C
Car wash, auto detailing shop
P
P
P
P
P
Casino (refer to Section
27.35.110)
C
C
C
Catering establishments
P
P
P
P
P
P
P
Food bank
P
P
P
P
P
Appendix B - 194
REVISED USE
CATEGORIES
a
a
a
a
a
Fq
Fq
Fq
Fq
a
Funeral homes and
P
P
P
P
P
P
P
crematoriums
Greenhouses, nursery centers
C
P
P
P
and landscaping materials
Hotel, motel
P
P
P
Janitor services
P
P
P
P
Laundromats or dry cleaners
P
P
P
P
P
P
P
Lumber/building material
sales (with/outdoor
P
P
P
display/storage)
Media (newspaper, radio, TV)
P
P
P
P
P
Media, towers and facilities
P
P
P
P
(accessory)
Microbreweries
C
P
P
P
P
P
Office -
P
P
P
P
P
P
P
P
P
P
professional/governmental
Office - medical with limited
C
P
P
P
P
overnight stay
Pack and ship shops
P
P
P
P
P
P
Photographic studio
P*2
P*2
P
P
P
P
Print and copy shops
P
P
P
P
P
P
Recreation area, indoor
P
P
P
P
Recreation area, outdoor
C
C
C
C
C
Rental service stores and
P
P
P
P
yards
Repair shops (appliance)
P
P
P
P
Repair shops (clothing,
P
P
P
P
P
electronics)
Restaurants
P
P*3
P
P
P
Retail business
P
P
P
Retail, limited
P*4
P*5
P*6
P*6
Sexually oriented business
C
C
Shooting/archery - indoor
C
AC
P
P
P
Shooting/archery - outdoor
C
C
C
C
(archery only)
Small engine sales, service
P
P
P
P
and repair
Tattoo parlor
P
P
P
Theaters
P
P
P
Veterinary clinic - small
P
P
P
P
P
P
animals
Veterinary clinic - large
animals
P
P
P
Appendix B - 195
REVISED USE
CATEGORIES
Industrial Uses
Aircraft maintenance/repair
P
P
C
Art foundry, metal sculpture,
molding and castmi
p
p
p
Asphalt batch plants
C
Assembly - light
P
P
P
P
Assembly - heavy
P
Auction yards, livestock
C
C
Auto wrecking/salvage yards
C
C
Contractor's storage yard
C
P
P
P
Extractive industries
C
Farm machinery assembly,
repair and sales
P
P
P
Feed/seed/processing/cleaning
C
P
P
Fertilizer, bulk sales
P
P
P
Film production studios
P
P
Food processing - light
P
P
P
Food processing - heavy
P
Forest products and
manufacturing
C
P
Foundry and metal
fabirication plants
P
Fuel oil/gas/petroleum
products, bulk storage/sale
C
C
C
Glazier
P
P
P
Grain elevators
C
C
C
HVAC/electrical/plumbing,
sales/service
P
P
P
P
Heavy equipment
sales/service
P
P
P
Kennels, animal shelters
AC
AC
AC
Laboratories, tech research,
development and testing
p
p
p
p
p
Landfills
C
C
Laundries/dry cleaning plants
P
P
P
Manufacturing - light (no
smoke, fumes, odor, dust)
p
p
p
Manufacturing - heavy
C
Manufactured home sales lot
P
Mini-storage/recreation
vehicle storage
AC
AC
AC
AC
Appendix B - 196
REVISED USE
CATEGORIES
Monument manufacture and
C
P
P
P
C
sales
Recycling center
C
P
P
Scrap processing yard
C
C
(recycle/metal yard)
Taxidermy facilities
P
P
P
Technology - research,
design, engineering and
P
P
telecommunication facilities
Truck and trailer rental
P
P
P
Truck terminal
P
P
P
Utility storage yards and
C
P
P
C
associated offices
Warehousing and distribution
P
P
P
Woodworking shops, mill
P
P
P
works
w
A ricultural Uses
Agricultural and horticultural
P
uses
Footnotes
1. Multi -family dwellings on the second or higher floor are permitted.
2. No retail.
3. No outdoor intercom; no larger than 4, 000 sq ft.
4. Retail uses include: florist, pharmacy, opticians, medical supplies and equipment, bookstores, and
similar uses.
5. Retail enterprises no larger than 4,000 sq ft.
6. Showrooms only.
I
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O
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O
O
O
O
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O
O
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O
O
O
O
O
O
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N
O
O
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O
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