Ordinance 1460 - Zoning OrdinanceORDINANCE NO. 1460
AN ORDINANCE ADOPTING THE KALISPELL INTERIM ZONING REGULATIONS AS
THE PERMANENT ZONING REGULATIONS AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION I. This City Council hereby adopts Tri-City Planning Office report KZ-
03-1 as findings of fact.
SECTION 11. The Kalispell Zoning Ordinance dated May 19, 2003 and on record in
the City Clerk's office, shall be and is hereby determined to be the
permanent zoning ordinances for the City of Kalispell.
SECTION 111. This Ordinance shall take effect immediately after final passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS
2ND DAY OF JUNE, 2003.
Theresa White
City Clerk
PUNNING FOR THE FUME
MPUM
ZONING
ORDINANCE
$1s.00
CITY OF KALISPELL
ZONING ORDINANCE
Adopted by the Kalispell City Council
Ordinance No. 1460
June 2, 2003
This document can be viewed, printed or downloaded at
htt-p://www.kalis-pell.com/-planning
Prepared by:
Kalispell Planning Department
201 lst Avenue East
Kalispell, Montana 59901
(406) 758-7940
Dated: October 2008
KALISPELL ZONING ORDINANCE
Ordinance No. 1175 Adopted
Amended: 03/19/92
1184
Amend Section 27.16.030, Strike Restaurants as an incidental use
04/05/93
1185
Amend Section 27.14.160, Strike Section 27.24.160(3) in its entirety
and re -number balance of Section accordingly.
04/05/93
1186
Amend Section 27.30.030, Hearing for Amendment
04/05/93
1187
Amend Section 27.37.010(211)(c), Adult Cabaret
04/05/93
1188
Amend Section 27.24.070, Sign Area Allowance
04/05/93
1189
Amend Section 27.37.010, Delete Yard Definitions and add Lot
Definitions
04/05/93
1190
Amend Sections 27.13.040, 27.14.040, 27.15.040, and 27.27.040,
Provide Side Corner set back
04/05/93
1191
Amend Section 27.26.030, Required Parking
04/05/93
1194
Amend Section 27.13.030, Allow "Printing/Reproduction/Photostating
Establishments" as a Conditional Use
05/03/93
1195
Amend Sections 27.13.020, 27.14.020, and 27.15.020, Allow
"Apartments, Accessory" as a Conditional Use
06/07/93
1202
Amend Section 27.26.040, Add Parking Requirements within the
Boundaries of Special Parking Maintenance District No. 2
12/13/93
1203
Amend Section 27.26.050(40), Amend Parking Requirements for
Residential, Duplex or Multi -Family Development
12/13/93
1204
Amend Section 27.26.050(42), Add "Boarding Houses" and "Shelters"
12/20/93
1207
Amend Section 27.13.030, Allow "Telecommunication Companies
and/or Radio Common Carriers" as a Conditional Use, set design
04/18/94
standards
1208
Amend Section 27.26.050(29), Amend Signage Allowance for Medical
and Dental Offices
06/06/94
1209
Amend Section 27.14.030, Allow "Community Residential Facilities for
Eight or Fewer Persons" as a Conditional Use
06/06/94
1211
Amend Chapter 27.13, B-1 Neighborhood Buffer District
08/15/94
1213
Amend Section 27.26.050(37), Revise Parking Requirements for
Athletic Clubs
10/17/94
1215
Amend Section 27.24.100(2), Signs
11/21/94
1218
Amend Section 27.25.010, Intent, and Add Section 27.25.045, Changes
to Nonconforming Residential Structures
04/03/95
1230
Amend Section 27.26.050(22), Parking Requirements
10/16/95
1231
Amend Section 27.3 5.03 0(l), Cluster Developments
10/16/95
1244
Amend Sections 27.09.030, 27.10.030 and 27.11.030, Allow Shelters
As Conditionally Permitted Use; Amend Section 27.26.050, Amend
07/15/96
Parking Requirements for Shelters
Amended:
Adopted
1254
Amend Sections 27.07.30, Add Dwelling, Accessory Single Family
Section 27.22.020 Add Dwelling, Accessory Single Family and
Requirements and Section 27.26.050 Add Accessory Single Family
01/21/97
1280
Amend Section 27.15.020 B-3 Community Business by adding Printing
and Publishing as a permitted use.
01/20/98
1286
Amend Sections 27.22.030 Design Standards for Single Family
Dwellings and 27.37.010 (133) Manufactured Home Definition
04/20/98
1287
Amend Sections 27.14.040 B-2 General Business and 27.15.040 B-3
Community Business by establishing rear yard of 10 feet.
05/04/98
1296
Amend Section 27.22.020(3)(a) allowing private garages in front yards
on lots that do not abut an alley
12/21/98
1305
Amend Section 27.16.020, allowing single family residences, duplexes
and multi -family residences as permitted uses in B-4 Central Business
Di strict.
4/19/99
1306
Amend Section 27.14.030 and enact new section 27.35.090 including
"mini -storage / recreational vehicle storage" as a conditionally
permitted use in the B-2, General Business District.
4/19/99
1307
Amend Sections 27.15.020 and 27.37, including "micro breweries and /
or brew pubs in connection with a restaurant or tavern" as a permitted
use in the B-3, Community Business District.
4/19/99
1315A
Amend Sections 27.09.040, 27.10.040, 27.11.040, side yard setbacks
6/21/99
1319
Amend Sections 27.26.050(15) & 27.37.010(69) parking standards for
7/6/99
day care facilities.
1322
Amend Section 27.22.020(3)(f) allow accessory building heights of 18'
7/6/99
in Residential, R, zones
1323
Add new Section 27.22.140 allowing adjustment of side corner setback
7/6/99
on corner lots.
1326
Amend Section 27.26.050, parking minimum standards by use.
7/19/99
1327
Amend Section 27.34.030(8) creating new sections 27.34.040(1)
7/19/99
Issuance of a Conditional Use Permit and 27.34.040(2) Administrative
Conditional Use Permit.
1328
Amend Section 27.14.020 allowing banks, savings and loans and
7/19/99
finance companies as permitted uses in the B-2, General Business
District.
1329
Amend Section 27.37.010, definitions of professional offices and
7/19/99
sexually oriented businesses.
1332
Amend Chapter 27.22, Supplementary Regulations
8/16/99
1342
Amend Section 27.30.030, Hearing for Amendment
12/20/99
1349
Amend Section 27.37.010(44) definition of casino
3/20/00
1350
Amend Sections 27,14.020, 27.14.030, 27.15.020, 27.15.030, 27.16.020,
27.16.030, 27.17.020, 27.17.030 & 27.18.030 pertaining to bars,
taverns, cocktail lounges and clubs as administrative conditional
permitted uses and casinos as conditional permitted uses.
3/20/00
Amended:
Adopted
1368
Amend Section 27.25, nonconforming lots, uses and structures to allow
for minor expansions to a nonconforming use.
10/16/00
1374
Amend Section 27.26.040(11), Off Street Parking with Special
12/18/00
Maintenance District No. 2.
1375
Amend Section 27.12.040, amending health care district property
12/18/00
development standards.
1384
Amend Sections 27.14.040(4) and 27.15.040(4) Property Development
7/02/01
Standards, maximum building height in B-2 and B-3
1385
Amend Section 27.26.030 (e) (2) Amend Off Street parking design to
7/16/01
allow parking in setbacks in H-1
1386
Amend Sections 27.18.020 and 27.37 to include a Retail Restricted
7/16/01
category as a permitted use in I-1, and develop a definition for such.
1405
Amend Sections 27.14.020 and 27.14.030 to allow Accessory
11/19/01
Apartments and Multi Family dwellings as a Permitted Use in B-2.
1406
Amend Maximum Building Height limit in all zones.
11/19/01
1407
Add Transmission Towers and Cellular Communication Towers as a
11/19/01
conditionally permitted use in B-1, B-2, B-3, B-4, B-5, P-1, I-1 and I-2.
1418
Amend Sections 27.22.020 (3) (d) and 27.37.010; amending lot
5/20/02
coverage limits; delete rear yard coverage limits in various residential
sections
1423
Amend Sections 27.26.030(e) to allow parking in front and side
6/17/02
setbacks Amend Sections 27.17.040(3) and 27.18.040(3) to reduce rear
setback to 10 feet in I-1 and B-5 use areas
1439
Adoption of Kalispell Interim Zoning Ordinance # 1439
11/4/02
4773
Adoption of Kalispell Growth Policy replacing current Master Plan
2/18/03
1449
Amend Section 27.24.100 of Kalispell Interim Zoning Ordinance by
amending Sign Standards for signage in H-1, Health Care District
4/21/03
1453
Amend Section 27.26.050(4) of Kalispell Zoning Interim Zoning
5/19/03
Ordinance — parking requirements for beauty and barber shops
1460
Adoption of Ordinance No. 1460 replacing the Kalispell Interim Zoning
6/2/03
Ordinance with the Kalispell Zoning Ordinance
1463
Amend Section 27.13.020, Permitted and Conditionally Permitted uses
6/16/03
in B-1, Neighborhood Buffer District
1477
Add new Section 27.25.046, "Changes to Historically Significant
8/18/03
Residential Structures"
1488
Amend Section 27.21 to allow PUD developments in R-5 and increase
12/01/03
maximum dwelling units in PUDs in R-4
1505
Amend Section 27.14.020 by adding Day Care Centers to the list of
7/19/04
permitted uses
1512
Amend Section 27.37.010 (125) Lot Coverage
9/20/04
1513
Amend text in several zoning districts regarding the creation of sublots
9/20/04
and provide consistency in the treatment of residential uses in
commercial zoning districts
Amended:
Adopted:
1523
Amend Section 27-36-010 to decriminalize zoning violations and make
2/7/05
such zoning violations civil infractions
1527
Add Safe houses & domestic violence shelters to all districts as a
3/21/05
permitted use.
1532
Amend Section 27.15.020 by adding Heating, ventilating, air
4/18/05
conditioning (HVAC) sales/service as permitted use.
1546
Create New Section 27.22.104, Outdoor Lighting Standards
8/l/05
1554
To allow light assembly in the B-2, & B-3 zoning districts as a
10/17/05
permitted use.
1555
Several amendments to the Sign Regulations, Chapter 27.24
10/17/05
1563
Several amendments to Outdoor Lighting Standards Section 27.22.104
2/6/06
1572
Amend Section 27.24.080(2)(d) by adding a provision for wall signs on
4/17/06
building frontages of 200 feet or more.
1585
Amend Sections 27.26.040 (1) & 27.26.040(11) Off- street parking
9/18/06
within Special Maintenance District No. 2
1590
Amend Various Sections of the Sign Regulations, Chapter 27.24
10/16/06
relating to the method of calculating the maximum sign area allowance
for R, RA, 13-1 and P-1 zones
1591
Amend Various Sections in relation to the 300 foot buffer for casinos
10/16/06
1593
Add Family Support and Education Center to Section 27.07.030 as a
11/20/06
conditional use and define the use in Section 27.37
1614
Amend Section 27.18.020 to allow "Technology — Research, Design,
6/18/07
Engineering and Telecommunication Facilities" as a Permitted Use in
the I-1 Light Industrial Zoning District
1632
Various amendments to the Off -Street Parking & Loading Design
2/19/08
Standards, Chapters 27.26 and 27.27
1639
Amend Section 27.24.060(2) & (5), Section 27.24.150(5) & (8)
6/16/08
regarding electronic and non -conforming signs
1644
Update Chapter 27.21 Planned Unit Development Districts, various
8/18/08
amendments.
1646
Amend Section 27.10.040(3) to reduce the minimum yard setbacks in
10/20/08
the RA-2 zone.
Table of Contents - Page i
TABLE OF CONTENTS
CHAPTERS PAGE
27.01
General Provisions........................................................................................................5
27.02
Establishment of Districts.............................................................................................6
27.03
Application of District Regulations..............................................................................9
27.04
R-1 Suburban Residential...........................................................................................12
27.05
R-2 Single Family Residential....................................................................................14
27.06
R-3 Urban Single Family Residential.........................................................................16
27.07
R-4 Two Family Residential.......................................................................................18
27.08
R-5 Residential/Professional Office...........................................................................20
27.09
RA-1 Low Density Residential Apartment.................................................................22
27.10
RA-2 High Density Residential Apartment................................................................24
27.11
RA-3 Residential Apartment/Office...........................................................................26
27.12
H-1 Health Care..........................................................................................................28
27.13
B-1 Neighborhood Buffer District..............................................................................30
27.14
B-2 General Business..................................................................................................32
27.15
B-3 Community Business...........................................................................................36
27.16
B-4 Central Business..................................................................................................39
27.17
B-5Industrial-Commercial.........................................................................................42
27.18
1-1 Light Industrial......................................................................................................47
27.19
1-2 Heavy Industrial....................................................................................................52
27.20
P-1 Public....................................................................................................................57
27.21
Change of Zoning to Planned Unit Development District (PUD) or Creation of
Planned Unit Development District............................................................................59
27.22
Supplementary Regulations........................................................................................73
27.23
Special Design and Review Criteria in the Kalispell Redevelopment District ........101
27.24
Sign Regulations.......................................................................................................108
27.25
Nonconforming Lots, Uses and Structures...............................................................127
27.26
Off -Street Parking Design Standards........................................................................132
27.27
Off -Street Loading Design Standards.......................................................................143
27.28
Zoning Administrator...............................................................................................145
27.29
Zoning Commission..................................................................................................147
27.30
Amendments and Changes........................................................................................148
27.31
Board of Adjustment.................................................................................................150
27.32
Appeals.....................................................................................................................152
27.33
Variances..................................................................................................................154
27.34
Conditional Use Permits...........................................................................................158
27.35
Additional Requirements For Specific Conditional Uses.........................................164
27.36
Enforcement..............................................................................................................176
27.37
Definitions................................................................................................................177
Page ii
CHAPTERS.......................................................................................................................... PAGE
A Figure 1, Minimum Parking Lot Requirements.................................................................. l
B Figure 2, Special Parking Maintenance District No. 2........................................................5
General Provisions - Page 5
Chapter 27.01
GENERAL PROVISIONS
Sections:
27.01.010
Title
27.01.020
Severability
27.01.030
Repealing Clause
27.01.040
Purpose
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 effect only that part held invalid.
27.01.030: Repealing Clause. Ordinance Number 1110 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 natural resources; to provide
adequate accommodations for transportation of people and goods; to provide
adequate light and air; to facilitate the provisions for public works
requirements such as water, sewer and environmental needs; to promote
orderly development according to the Kalispell Growth Policy and the
Kalispell Downtown Redevelopment Plan; 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.
Page 6
CHAPTER 27.02
ESTABLISHMENT OF DISTRICTS
Sections:
27.02.010
Official Zoning Map
27.02.020
Certificate
27.02.030
Replacement of Official Zoning Maps
27.02.040
Interpretation of Boundaries
27.02.050
Interpretations of Uses
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:
Suburban Residential
(2)
R-2:
Single Family Residential
(3)
R-3:
Urban Single Family Residential
(4)
R-4:
Two Family Residential
(5)
R-5:
Residential/ProfessionalOffice
(6)
RA-1:
Low Density Residential Apartment
(7)
RA-2:
High Density Residential Apartment
(8)
RA-3:
Residential Apartment/Office
(9)
H-1:
Health Care
(10)
B-1:
Neighborhood Buffer District
(11)
B-2:
General Business
(12)
B-3:
Community Business
(13)
B-4:
Central Business District
(14)
B-5:
Industrial -Commercial
(15)
I-1:
Light Industrial
(16)
I-2:
Heavy Industrial
(17)
P-1:
Public
27.02.020: Certificate. The Official Map(s) shall be available in the office of the City
Zoning Administrator and shall bear certificate with the signature of the
mayor, attested by the City Clerk, and the date of adoption of this title. This
Establishment of Districts - Page 7
certificate should read as follows: "This is to certify that this is an Official
Zoning Map of the Official Code of the City of Kalispell, Montana."
If any changes to the map are made by amendment of this chapter in
accordance with Chapter 27.30 hereof, such changes shall be made to the
Official Zoning Maps and signed, dated and certified upon the map or upon
the material attached thereto.
Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map
kept in the office of the zoning administrator or designee shall be the final
authority as to the current zoning status of land and water area, buildings and
other structures in the city.
27.02.030: Replacement of Official Zoning Maps. In the event that the Official Zoning
Map(s) become damaged, destroyed, lost, or difficult to interpret because of
the nature or number of changes and additions thereto, the city council may
adopt and certify new Official Zoning Map(s). The new Official Zoning Maps
may correct drafting or other errors or omissions in the prior map, but no such
corrections shall have the effect of amending the original Official Zoning
Maps or any subsequent amendment thereof.
27.02.040: 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;
(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;
Page 8
(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.
27.02.050: Interpretation of Uses. If questions arise concerning the appropriate
classification of a particular use, or if the specific use is not listed, the
Kalispell Zoning Administrator shall determine the appropriate classification
for that use.
In interpreting use classification, the zoning administrator shall determine:
That 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. Written
appeal of the zoning administrator determination can be submitted to the
Board of Adjustment, who will act on the appeal and will either uphold the
determination of the zoning administrator or, alternatively, determine an
appropriate classification for the use in question. The intent of this ordinance
nor the intent of the district will not be abrogated by such classification
Application of District Regulations - Page 9
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010 Application of District Regulations
27.03.010: Application of District Regulations. Except as provided in Chapters 27.22,
27.25, 27.32, 27.33, 27.34, and 27.35 with respect to supplementary
regulations, conditional uses, nonconforming uses, and variances, the
regulations set by this chapter and Chapters 27.04 through 27.20 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.
(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 27.26.040(5).
(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 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 shall be the primary consideration 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
Page 10
order that the city council may determine the proper zoning by an
amendment to be effective upon the effective date of such annexation.
(5) The following shall be an exception to the required lot areas as set out
in Chapters 27.04 through 27.20:
(a). Lots, parcels, or tracts of land of record in the Flathead County
Clerk and Recorder's Office with less than the area and/or
dimensional measures required by the use district imposed
which existed prior to the passage of this ordinance.
(b). Lots or development sites which, as a process of their creation,
were legally created with substandard area by the city council
or county commissioners in the approval of a subdivision
according to existing regulations therefore.
(c). Individual lots used for "row houses" or "townhouses", as
defined in Chapter 27.37 of this ordinance, are not subject to
the area, yard, or other dimensional requirements of this
ordinance, but the overall premises containing said "row
houses" or "town houses" as a part of a plan of development
thereof shall be subject to the property development standards
of each zoning district.
(d). 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 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.
(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). No building or other structure shall be erected, moved, added to,
reconstructed, or structurally altered without a permit thereon issued
by the building official or an authorized assistant.
Application of District Regulations - Page 11
Page 12
CHAPTER 27.04
R-1 SUBURBAN RESIDENTIAL
Sections:
27.04.010 Intent
27.04.020 Permitted Uses
27.04.030 Uses Which May Be Permitted By a Conditional Use Permit
27.04.040 Property Development Standards
27.04.010: Intent. A transitional district to provide for estate -type residential
development and for the performance of limited agricultural activities. This
district would normally be located in rural areas and serve as a buffer between
urban and unlimited agricultural uses. These areas are generally beyond the
service area of city municipal sewer and water facilities.
27.04.020: Permitted Uses.
(1). Agricultural and horticultural uses.
(2). Apiary.
(3). Boarding house, incidental (see definition).
(4). Dairy farm.
(5). Day-care (family or group day-care homes).
(6). Dwelling, single family.
(7). Guest house.
(8). Hatcheries, fish
(9). Home Occupations. Refer to Section 27.22.160.
(10). Kennels, commercial.
(11). Nursery, landscape materials.
(12). Parks.
(13). Produce stands.
(14). Riding academy and stables.
(15). Safe houses and domestic violence shelters.
(16). Veterinary clinic, small animals.
27.04.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and Breakfast.
(2). Campground/RV park.
(3). Cemeteries/mausoleums/columbariums/crematories.
(4). Church/worship/parish/Sunday school buildings.
(5). Colleges/university-public and private.
(6). Community center/gym/swim pools -operated by public/quasi-public.
R- 1 Suburban Residential- Page 13
(7). Community residential facility for eight (8) or fewer persons.
(8). Day care center.
(9). Dwelling, townhouse (configuration of 2 or more attached units)
(10). Dwellings, cluster development.
(11). Electrical distribution station.
(12). Extractive industries.
(13). Foster or group homes serving eight (8) or fewer persons.
(14). Golf courses.
(15). Golf drive range/putting course.
(16). Law enforcement/fire stations.
(17). Railroad rights -of -way.
(18). Recreational area, non-commercial.
(19). Rock crushers.
(20). Schools, public or private, grades 1-12.
(21). Temporary building/structure.
(22). Veterinary clinic, large animals.
(23). Water treatment plants.
(24). Water storage facilities.
27.04.040: Property Development Standards.
(1). Minimum Lot Area: One Acre.
(2). Minimum Lot Width (FT): 150.
(3). Minimum Yards (FT):
Front Yard - 30
Rear Yard - 20
Side Yard - 20
Side Corner - 30
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 35
(6). Off -Street Parking: Refer to Chapter 27.26.
(7). Maximum Fence Heights (FT):
As per Section 27.22.090
(8). Signs: Refer to Chapter 27.24.
Page 14
CHAPTER 27.05
R-2 SINGLE FAMILY RESIDENTIAL
Sections:
27.05.010 Intent
27.05.020 Permitted Uses
27.05.030 Uses Which May Be Permitted By Conditional Use Permit
27.05.040 Property Development Standards
27.05.010: Intent. A district to provide adequate lot areas for urban 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.
27.05.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, single family.
(4). Home Occupations. Refer to Section 27.22.160.
(5). Parks.
(6). Safe houses and domestic violence shelters.
27.05.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and Breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public and quasi -
public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwelling, townhouse (configuration of 2 or more attached units)
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Golf courses.
(11). Law enforcement/fire stations.
(12). Railroad rights -of -way.
(13). Recreational area, non-commercial.
(14). Schools, public/private, grades 1-12.
(15). Temporary building/structure.
(16). Water storage facilities.
R- 2 Residential - Page 15
27.05.040: Property Development Standards.
(1). Minimum Lot Area: 9600 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 10
Side Corner - 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 35
(6). Off -Street Parking: Refer to Chapter 27.26.
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 16
CHAPTER 27.06
R-3 URBAN SINGLE FAMILY RESIDENTIAL
Sections:
27.06.010 Intent
27.06.020 Permitted Uses
27.06.030 Uses Which May Be Permitted By Conditional Use Permit
27.06.040 Property Development Standards
27.06.010: Intent. A residential district to provide lot areas for urban development. This
development must be served by all public utilities.
27.06.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, single family.
(4). Home Occupations. Refer to Section 27.22.160.
(5). Parks.
(6). Safe houses and domestic violence shelters.
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public/quasi-public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwelling, townhouse (configuration of 2 or more attached units)
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Golf courses.
(11). Law enforcement/fire stations.
(12). Railroad rights -of -way.
(13). Recreational area, non-commercial.
(14). Schools, public/private, grades 1-12.
(15). Temporary building/structure.
(16). Water storage facilities.
R- 3 Residential- Page 17
27.06.040: Property Development Standards.
(1).
Minimum Lot Area: 7000 square feet
(2).
Minimum Lot Width (FT): 60
(3).
Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 40
(6). Off -Street Parking: Refer to Chapter 27.26.
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 18
CHAPTER 27.07
R-4 TWO FAMILY RESIDENTIAL
Sections:
27.07.010 Intent
27.07.020 Permitted Uses
27.07.030 Uses Which May Be Permitted By Conditional Use Permit
27.07.040 Property Development Standards
27.07.010: Intent. A residential district with minimum lot areas. Development within the
district will require all public utilities, and all community facilities. Two-
family dwellings are permitted in this district.
27.07.020: Permitted Uses.
(1). Boarding house, incidental (see definition).
(2). Day care (family or group day-care homes).
(3). Dwelling, duplex.
(4). Dwelling, single family.
(5). Dwelling, townhouse (configuration of 2 attached units)
(6). Home Occupations. Refer to Section 27.22.160.
(7). Parks.
(8). Safe houses and domestic violence shelters.
27.07.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Church/worship/parish/Sunday school buildings.
(3). Community center/gym/swim pools -operated by public/quasi-public.
(4). Community residential facility for eight (8) or fewer persons.
(5). Day care center.
(6). Dwelling, Accessory Single -Family.
(7). Dwelling, townhouse (configuration of 3 or more attached units)
(8). Dwellings, cluster development.
(9). Electrical distribution station.
(10). Family Support and Education Center
(11). Foster or group homes serving eight (8) or fewer persons.
(12). Golf courses.
(13). Law enforcement/fire stations.
(14). Railroad rights -of -way.
(15). Recreational area, non-commercial.
(16). Schools, public/private, grades 1-12.
R- 4 Residential- Page 19
(17). Temporary building/structure.
(18). Water storage facilities.
27.07.040: Property Development Standards.
(1). Minimum Lot Area: 6000 square feet
(2). Minimum Lot Width (FT): 50
(3). Minimum Yards (FT):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Chapter 27.26.
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 20
CHAPTER 27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE
Sections:
27.08.010 Intent
27.08.020 Permitted Uses
27.08.030 Uses Which May Be Permitted By Conditional Use Permit
27.08.040 Property Development Standards
27.08.010: Intent. A district intended to accommodate professional offices where it is
not deemed desirable to permit a more intensive business activity of a retail
nature. These office structures need not be commercial in appearance; they
shall be architecturally harmonious with the adjacent residential structures.
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.
27.08.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Boarding house, incidental (see definition).
(3). Church/worship/parish/Sunday school buildings.
(4). Clinics, medical and dental.
(5). Counseling center for the physically or mentally disabled.
(6). Day care (family or group day-care homes).
(7). Dwelling, duplex.
(8). Dwelling, single family.
(9). Dwelling, townhouse (configuration of 2 attached units)
(10). Home Occupations. Refer to Section 27.22.160.
(11). Insurance Sales Office (No Claims).
(12). Office, professional/governmental.
(13). Parks.
(14). Pharmacy.
(15). Photographic studios.
(16). Real estate sales offices.
(17). Safe houses and domestic violence shelters.
(18). Title company.
(19). Travel agency.
(20). Undertaking/mortuaries/funeral homes/parlors.
R-5 - Residential/Professional Office- Page 21
27.08.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1). Bed and breakfast.
(2). Community residential facility for eight (8) or fewer persons.
(3). Day care center.
(4). Dwelling, townhouse (configuration of 3 or more attached units)
(5). Dwellings, cluster development.
(6). Electrical distribution station.
(7). Foster or group homes serving eight (8) or fewer persons.
(8). Schools, public/private, grades 1-12.
(9). Temporary building/structure.
27.08.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 15
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 0
Side - 3.5
Rear - 6.5
(8). Signs: Refer to Chapter 27.24.
Page 22
CHAPTER 27.09
RA-1 LOW DENSITY RESIDENTIAL APARTMENT
Sections:
27.09.010 Intent
27.09.020 Permitted Uses
27.09.030 Uses Which May Be Permitted By Conditional Use Permit
27.09.040 Property Development Standards
27.09.010: Intent. A residential apartment district to provide 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
and shopping districts.
27.09.020: Permitted Uses.
(1). Boarding house, incidental.
(2). Church/worship/parish/Sunday school buildings.
(3). Day care (family or group day-care homes).
(4). Dwelling, duplex.
(5). Dwelling, single family.
(6). Dwelling, townhouse (configuration of 2 attached units).
(7). Home Occupations. Refer to Section 27.22.160.
(8). Parks.
(9). Safe houses and domestic violence shelters.
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales.
(2). Bed and breakfast.
(3). Boarding house.
(4). Catering establishment/home occupation/maximum two temporary
employees.
(5). Clinics, medical when adjacent to a hospital.
(6). Colleges/university-private and public.
(7). Community center/gym/swim pools - operated by public and quasi -
public.
(8). Community residential facility for eight (8) or fewer persons.
(9). Community residential facility for more than eight (8) persons.
(10). Day care center.
(11). Dwelling, multi -family.
(12). Dwelling, townhouse (configuration of 3 or more attached units)
RA-1 Low Density Residential Apartment- Page 23
(13). Dwellings, cluster development.
(14). Electrical distribution station.
(15). Foster or group homes serving eight (8) or fewer persons.
(16). Foster or group homes serving more than eight (8) persons.
(17). Fraternity/sorority houses, must be within .5 miles of school.
(18). Golf courses.
(19). Hospital.
(20). Law enforcement/fire stations.
(21). Libraries, museums, and similar cultural facilities.
(22). Lodges/fraternal/social organizations, non-profit.
(23). Manufactured home parks.
(24). Manufactured home subdivisions.
(25). Nursing/convalescent homes for the care of the aged.
(26). Pharmacy.
(27). Personal care facility.
(28). Railroad rights -of -way.
(29). Recreational area, non-commercial.
(30). Restaurants, as an incidental use.
(31). Retirement home.
(32). Schools, commercial (see definition).
(33). Schools, private/public, grades 1-12.
(34). Shelters.
(35). Temporary building/structure.
(36). Undertaking/mortuaries/funeral homes/parlors.
(37). Water storage facilities.
27.09.040: Property Development Standards.
(1). Minimum Lot Area: 6000 sf plus 3000 sf for each additional unit
beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 24
CHAPTER 27.10
RA-2 HIGH DENSITY RESIDENTIAL APARTMENT
Sections:
27.10.010 Intent
27.10.020 Permitted Uses
27.10.030 Uses Which May Be Permitted By Conditional Use Permit
27.10.040 Property Development Standards
27.10.010: Intent. A residential apartment district to provide areas for multi -family use
and compatible non-residential uses of high land use intensity. This district is
intended for central and inner-city use and not for suburban use. This district
demands public and community facilities and a buffer area between it and
other residential districts.
27.10.020: Permitted Uses.
(1). Bed and breakfast.
(2). Boarding house.
(3). Church/worship/parish/Sunday school buildings.
(4). Day care (family or group day-care homes).
(5). Dwelling, duplex.
(6). Dwelling, single family.
(7). Dwelling, townhouse (configuration of 2 attached units).
(8). Home Occupations. Refer to Section 27.22.160.
(9). Parks.
(10). Safe houses and domestic violence shelters.
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales.
(2). Catering establishment/home occupation/maximum two temporary
employees.
(3). Colleges/university-public and private.
(4). Community center/gym/swim pools -operated by public/quasi-public.
(5). Community residential facility for eight (8) or fewer persons.
(6). Community residential facility for more than eight (8) persons.
(7). Day care center.
(8). Dwelling, cluster development.
(9). Dwelling, townhouse (configuration of 3 or more attached units)
(10). Dwellings, multi -family.
(11). Electrical distribution station.
RA-2 High Density Residential Apartment- Page 25
(12). Foster or group homes serving eight (8) or fewer persons.
(13). Foster or group homes serving more than eight (8) persons.
(14). Fraternity/sorority houses, must be within .5 miles of school.
(15). Golf courses.
(16). Hospitals.
(17). Law enforcement/fire stations.
(18). Libraries, museums, and similar cultural facilities.
(19). Lodges/fraternal and social organizations, non-profit.
(20). Manufactured home parks
(21). Manufactured home subdivisions.
(22). Nursing/convalescent homes for the care of the aged.
(23). Office, operated as a home occupation with no public contact.
(24). Personal care facility.
(25). Pharmacy.
(26). Railroad rights -of -way.
(27). Recreational area, non-commercial
(28). Restaurants, as an incidental use.
(29). Retirement home.
(30). Schools, public or private, grades 1-12.
(31). Schools, commercial (see definition).
(32). Shelters.
(33). Temporary building/structure.
(34). Undertaking/mortuaries/funeral homes/parlors
(35). Water storage facilities.
27.10.040: Property Development Standards.
(1). Minimum Lot Area: 6000 sf plus 1500 sf for each additional unit
beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 15
Side Yard -5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 26
CHAPTER 27.11
RA-3 RESIDENTIAL APARTMENT / OFFICE
Sections:
27.11.010 Intent
27.11.020 Permitted Uses
27.11.030 Uses Which May Be Permitted By Conditional Use Permit
27.11.040 Property Development Standards
27.11.010: Intent. A residential apartment -office district to provide areas for
professional, governmental, and private offices, banks, and similar
institutions, cultural and governmental facilities and limited business at
locations where they are compatible with residential apartment uses and
where it is not deemed desirable to permit a more intensive business activity
of a retail nature.
This district serves 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.
27.11.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Bed and breakfast.
(3). Boarding house.
(4). Chemical dependency/substance abuse clinic (outpatient only).
(5). Church/worship/parish/Sunday school buildings.
(6). Clinics, medical and dental.
(7). Counseling center for the physically and mentally disabled.
(8). Day care (family or group day-care homes).
(9). Dwelling, duplex.
(10). Dwelling, single family.
(11). Dwelling, townhouse (configuration of 2 attached units).
(12). Home Occupations. Refer to Section 27.22.160.
(13). Office, professional or governmental.
(14). Parks.
(15). Pharmacy.
(16). Safe houses and domestic violence shelters.
(17). Title company.
RA-3 Residential Apartment/Office- Page 27
27.11.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1). Community center/gym/swim pools -operated by public/quasi-public.
(2). Community residential facility for eight (8) or fewer persons.
(3). Community residential facility for more than eight (8) persons.
(4). Day care center.
(5). Drive-in banking facility.
(6). Dwelling, multi -family.
(7). Dwelling, townhouse (configuration of 3 or more attached units)
(8). Dwellings, cluster development.
(9). Electrical distribution station.
(10). Foster or group homes serving eight (8) or fewer persons.
(11). Foster or group homes serving more than eight (8) persons.
(12). Libraries, museums, and similar cultural facilities.
(13). Office, operated as a home occupation/no public contact.
(14). Personal care facility.
(15). Recreational area, non-commercial.
(16). Schools, public or private, grades 1-12.
(17). Shelters.
(18). Temporary building/structure.
27.11.040: Property Development Standards.
(1). Minimum Lot Area: 7000 sf plus 1500 sf for each additional unit
beyond a duplex.
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 40
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Page 28
Sections:
27.12.010
27.12.020
27.12.030
27.12.040
CHAPTER 27.12
H-1 HEALTH CARE
Intent
Permitted Uses
Uses Which May Be Permitted By Conditional Use Permit
Property Development Standards
27.12.010: Intent. A zoning district intended to provide hospital 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.
27.12.020: Permitted Uses.
(1). Barber and beauty services.
(2). Chemical dependency/substance abuse clinic (outpatient only).
(3). Church/worship/parish/Sunday school buildings.
(4). Clinics, medical and dental.
(5). Counseling center for the physically or mentally disabled.
(6). Day care (family or group day-care homes).
(7). Denturist.
(8). Dwelling, duplex.
(9). Dwelling, single family
(10). Dwelling, townhouse (configuration of 2 attached units)
(11). Florist, retail (see, also, retail business).
(12). Lifestyling center.
(13). Office, professional/governmental.
(14). Opticians/optical supplies sales.
(15). Parks.
(16). Pharmacy.
(17). Post office - satellite or neighborhood.
(18). Safe houses and domestic violence shelters.
(19). Undertaking/mortuaries/funeral homes/parlors.
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Athletic club.
(2). Bed and breakfast.
(3). Boarding house.
(4). Community residential facility for eight (8) or fewer persons.
H-1 Health Care -Page 29
(5). Community residential facility for more than eight (8) persons.
(6). Day Care Center
(7). Drive-in banking facility.
(8). Drug stores, may include a pharmacy.
(9). Dwelling, cluster development.
(10). Dwelling, townhouse (configuration of 3 or more attached units)
(11). Dwellings, multi -family.
(12). Food stores, retail under 3,000 square feet.
(13). Foster or group homes serving eight (8) or fewer persons.
(14). Foster or group homes serving more than eight (8) persons.
(15). Heliports, for hospital use.
(16). Hospitals.
(17). Libraries, museums, and similar cultural facilities.
(18). Nursing/convalescent homes for the care of the aged.
(19). Personal care facility.
(20). Recreational area, commercial and non-commercial.
(21). Restaurant.
(22). Retirement home.
(23). Sanitarium.
(24). Temporary building/structure, excluding signs.
27.12.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet + 1,500 square feet for each
additional unit beyond a duplex.
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10
Rear Yard - 20
Side Corner - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
Hospital - 60
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 3.5
Side - 6.5
Rear - 6.5
(8). Signs: Refer to Chapter 27.24.
Page 30
CHAPTER 27.13
B-1 NEIGHBORHOOD BUFFER DISTRICT
Sections:
27.13.010 Intent
27.13.020 Permitted Uses
27.13.030 Uses Which May Be Permitted By Conditional Use Permit
27.13.040 Property Development Standards
27.13.010: Intent. A business district to provide certain commercial and professional
office uses where such uses are compatible with the adjacent residential areas.
This district should serve as a buffer between residential areas and other
commercial districts. 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.
27.13.020: Permitted Uses.
(1). Apartments, accessory
(2). Artist studio with incidental sales.
(3). Bakery/deli with either wholesale or retail goods with less than 1,500
square feet manufacturing area.
(4). Business offices and any type of enterprise rendering professional or
personal services.
(5). Churches/worship/parish/Sunday school buildings.
(6). Clinics, medical and dental.
(7). Drive -through facilities with no more than two driving lanes and no
larger than 2,000 square feet
(8). Dwellings, duplex
(9.) Dwellings, single family
(10.) Dwelling, townhouse (configuration of 2 attached units)
(11.) Offices, professional/governmental.
(12.) Parks.
(13.) Retail enterprises no larger than 3,000 square feet in gross floor area.
(14.) Restaurants no larger than 4,000 square feet
(15.) Safe houses and domestic violence shelters.
(16.) Schools, commercial.
B-1 Neighborhood Buffer District - Page 31
27.13.030:
27.13.040
Uses Which May Be Permitted By Conditional Use Permit.
(1). Automobile service station (see definition).
(2). Bed and breakfast
(3). Car wash, automobile detailing shop.
(4). Community center/gym/swim pools operated by public or quasi -
public.
(5). Day care center.
(6). Dwelling, townhouse (configuration of 3 or more attached units)
(7). Dwellings, multi -family
(8). Electrical distribution station.
(9). Law enforcement/fire stations.
(10). Libraries, museums, and similar cultural facilities.
(11). Life styling center.
(12). Railroad rights -of -way.
(13). Telecommunication companies and/or radio common carriers with
ancillary antennas with monopole design and a base not to exceed 12
inches and a total height not to exceed 70 feet.
(14). Transmission towers and cellular communication towers.
(15). Temporary building/structure.*
(16). Water storage facilities.
Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 20
Side Corner - 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear- 6.5
(8). Signs: Refer to Chapter 27.24.
* Administrative conditional use permit
Page 32
CHAPTER 27.14
B-2 GENERAL BUSINESS
Sections:
27.14.010 Intent
27.14.020 Permitted Uses
27.14.030 Uses Which May Be Permitted By Conditional Use Permit
27.14.040 Property Development Standards
27.14.010: Intent. A business district to provide areas for those retail sales and service
functions and businesses whose operations are typically characterized by
outdoor display, storage and/or sale of merchandise, by major repair of motor
vehicles, and by outdoor commercial amusement and recreational activities.
This district would also serve the general needs of the tourist and traveler.
This district depends on the proximity to major streets and arterials. This
district should be located in business corridors or in islands.
27.14.020: Permitted Uses.
(L) Apartments, Accessory.
(2.) Appliance distributors, wholesale/repair.
(3.) Athletic club.
(4.) Automobile parking, commercial or public.
(5.) Automobile sales.
(6.) Automobile rental agency.
(7.) Automobile repair garages, excluding body shops.
(8.) Automobile service station (see definition).
(9.) Bakery/deli, wholesale and retail, less than 1,500 square feet
manufacturing area.
(10.) Banks, Savings and Loans, finance companies.
(11.) Barber and beauty services.
(12.) Boat sales, new and used.
(13.) Building materials, storage/sale including lumber yards.
(14.) Bus passenger terminal buildings, transit terminals.
(15.) Car wash, automobile detailing shop.
(16.) Catering establishments.
(17.) Church/worship/parish/Sunday school buildings.
(18.) Dairy bar/ice cream manufacturing, retail on premise.
(19.) Day Care Centers
(20.) Dwelling, Duplex
(21.) Dwelling, Multi -family
B-2 General Business - Page 33
(22.) Dwelling, Single Family
(23.) Dwelling, townhouse (configuration of 2 or more attached units)
(24.) Electrical sales and contracting companies.
(25.) Food processing/retail on premises, no killing or dressing of flesh or
fowl.
(26.) Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(27.) Food stores, retail/under 3,000 square feet.
(28.) Garden supplies, retail sales.
(29.) Glazier.
(30.) Heating, ventilating, air conditioning (HVAQ/sheet metal shop, sales/
service.
(31.) Hotel, motel.
(32.) Janitor supplies/services/contracting
(33.) Launderette/dry cleaning, customer self-service.
(34.) Laundries/dry cleaning plants.
(35.) Light Assembly
(36.) Liquor store.
(37.) Locksmiths or gunsmiths.
(38.) Lube station.
(39.) Manufactured home sales lot.
(40.) Massage parlor.
(41.) Motorcycle sales/repair.
(42.) Music education with related performance and limited sales.
(43.) Newspaper office.
(44.) Nursery, landscape materials.
(45.) Office, professional/governmental.
(46.) Parks.
(47.) Pawn shops (no outside storage/display).
(48.) Plumbing/heating materials, retail/service only.
(49.) Plumbing shop and yard.
(50.) Post office - main distribution center.
(51.) Post office - satellite or neighborhood.
(52.) Prepared food delivery facilities.
(53.) Printing/pub/reproduction/blueprinting/photostating establishment.
(54.) Produce stand.
(55.) Radiator repair.
(56.) Real estate sales offices.
(57.) Recreational area, commercial and non-commercial (see definition).
(58.) Rental service stores and yards
(59.) Repair/service-office/household equipment.
(60.) Restaurants.
(61.) Retail business (see definition).
(62.) Riding academy and stables.
(63.) RV sales.
(64.) Safe houses and domestic violence shelters.
(65.) Second hand stores (see definition).
Page 34
(66.) Shoe repair.
(67.) Ski rental shop.
(68.) Small engine sales, service and repair (lawn mowers, saws).
(69.) Take and bake prepared food facility.
(70.) Taxidermist.
(71.) Telecommunication companies and/or radio common carriers.
(72.) Theaters in permanent indoor structure.
(73.) Tire dealer, alignment center.
(74.) Trailer sales areas.
(75.) Travel agency.
(76.) Truck rentals, single axle, less than 20,100 pounds gvw.
(77.) Upholstery shop.
(78.) Veterinary clinic, small animals.
27.14.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Amusement park or zoo and similar out-of-doors activities.
(2). Assembly halls/coliseums/stadiums/convention hall facilities.
(3). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(4). Campground/RV Park.
(5). Casino (see 27.35.110 Additional Requirements for Specific
Conditional Uses)
(6). Community residential facilities for eight or fewer persons.
(7). Drive-in theaters.
(8). Electrical distribution station.
(9). Fish sales stand, temporary.
(10). Golf courses.
(11). Golf driving range/putting course.
(12). Hangars (aircraft) when abutting/contiguous to an airport.
(13). Heliports.
(14). Hostel, youth.
(15). Law enforcement/fire stations.
(16). Libraries, museums, and similar cultural facilities.
(17). Mini -storage / recreational vehicle storage.
(18). Mobile restaurant/vendor facilities.
(19). Quasi -public buildings, non-profit in character.
(20). Railroad rights -of -way.
(21). Recycling center.
(22). Restaurants, as an incidental use.
(23). Rifle range, indoor.
(24). Schools, commercial (see definition).
(25). Shelter, public or private.
(26). Temporary building/structure.
(27). Transmission towers and cellular communication towers.
(28). Water storage facilities.
B-2 General Business - Page 35
27.14.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
(8). Signs: Refer to Chapter 27.24.
Page 16
CHAPTER 27.15
B-3 COMMUNITY BUSINESS
Sections:
27.15.010 Intent
27.15.020 Permitted Uses
27.15.030 Uses Which May Be Permitted By Conditional Use Permit
27.15.040 Property Development Standards
27.15.010: Intent. A business district to provide areas for the development of
community shopping areas and other retail service centers. This district shall
be a business island of not less than five acres and not a strip development.
This district is not intended to provide areas for outside sales of such items as
automobiles, manufactured housing and boats.
27.15.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Automobile repair garages, excluding body shops.
(5). Automobile service station (see definition).
(6). Bakery, deli, wholesale/retail, greater than 1,500 square feet
manufacturing area.
(7). Banks/savings and loan/finance and loan companies.
(8). Barber and beauty services.
(9). Candy products manufacture, retail on premise.
(10). Car wash, automobile detailing shop.
(11). Catering establishments.
(12). Chemical dependency/substance abuse clinic (outpatient only).
(13). Chiropractic clinic.
(14). Church/worship/parish/Sunday school buildings.
(15). Clinics, medical and dental.
(16). Coin and/or stamp dealers, lapidaries.
(17). College/business/trade/music/dance schools - no student reside.
(18). Counseling center for the physically or mentally disabled.
(19). Dairy bar/ice cream manufacturing, retail on premises.
(20). Day care center (see definition).
(21). Department stores.
(22). Dwelling, Duplex
(23). Dwelling, Multi -family
(24). Dwelling, Single Family
(25). Dwelling, townhouse (configuration of 2 or more attached units)
(26). Food processing/retail on premises - no kill/dress of flesh/fowl.
B-3 Community Business - Page 37
(27). Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(28). Food stores, retail under 3,000 square feet.
(29). Fruit/wine bar.
(30). Furriers, retails sales and storage.
(31). Glazier.
(32). Heating, ventilating, air conditioning (HVAC) sales/service.
(33). Hotel/motel.
(34). Insurance office and/or claims centers.
(35). Investment firms.
(36). Janitor supplies/services/contracting.
(37). Jewelry/watch repair and sales.
(38). Launderette/dry cleaning, customer self service.
(39). Libraries, museums, and similar cultural facilities.
(40). Light Assembly.
(41). Liquor store.
(42). Locksmiths or gunsmiths.
(43). Lodges/fraternal/social organizations, non-profit.
(44). Massage parlor.
(45). Micro breweries and / or brew pubs in connection with a restaurant or
tavern.
(46). Music education with related performance and limited sales.
(47). Office, professional/governmental.
(48). Office equipment, supplies/sales/service.
(49). Opticians/optical supplies/sales.
(50). Parks.
(51). Pawn shop (no outside storage/display).
(52). Pet shops.
(53). Pharmacy.
(54). Photographic studios.
(55). Post office - main distribution center.
(56). Post office - satellite or neighborhood.
(57). Prepared food delivery facilities.
(58). Produce stand.
(59). Publishing/printing facilities.
(60). Real estate sales offices.
(61). Recreational area, commercial and non-commercial (see definition).
(62). Restaurants.
(63). Retail business (see definition).
(64). Safe houses and domestic violence shelters.
(65). Second hand stores (see definition).
(66). Shoe repair.
(67). Ski rental shop.
(68). Tailors/dressmakers/milliners.
(69). Take and bake prepared food facility.
(70). Theaters in permanent indoor structure.
(71). Title company.
Page 38
27.15.030
(72). Telecommunication companies and/or radio common carriers.
(73). Travel agency.
(74). Undertaking/mortuaries/funeral homes/parlors.
(75). Variety stores.
Uses Which May Be Permitted By Conditional Use Permit.
(1). Apartments, accessory.
(2). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(3). Casino (See 27.35.110 Additional Requirements for Specific
Conditional Uses)
(4). Community center/gym/swim pools -operated by public/quasi-public.
(5). Drive-in banking facility.
(6). Electrical distribution station.
(7). Fish sales stand, temporary.
(8). Law enforcement/fire stations.
(9). Libraries, museums, and similar cultural facilities.
(10). Life styling center.
(11). Quasi -public buildings, non-profit in character.
(12). Railroad rights -of -way.
(13). Retail mall/community shopping center.
(14). Schools, commercial (see definition).
(15). Temporary building/structure.
(16). Transmission towers and cellular communication towers.
(17). Water storage facilities.
27.15.040 Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27,
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
(8). Signs: Refer to Chapter 27.24.
B-4 Central Business - Page 39
CHAPTER 27.16
B-4 CENTRAL BUSINESS
Sections:
27.16.010 Intent
27.16.020 Permitted Uses
27.16.030 Uses Which May Be Permitted By Conditional Use Permit
27.16.040 Property Development Standards
27.16.010: Intent. A business district 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.
27.16.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Bakery/deli, wholesale/retail.
(5). Banks/savings and loans/finance and loan companies.
(6). Barber and beauty services.
(7). Candy products manufacture, retail on premises.
(8). Car wash, automobile detailing shop.
(9). Catering establishments.
(10). Chemical dependency/substance abuse clinic (outpatient only).
(11). Chiropractic clinic.
(12). Church/worship/parish/Sunday school buildings.
(13). Clinics, medical and dental.
(14). Coin and/or stamp dealers, lapidaries.
(15). College/business/trade/music/dance schools - no student residence.
(16). Counseling center for the physically or mentally disabled.
(17). Dairy bar/ice cream manufacturing, retail on premises.
(18). Day care center (see definition).
(19). Denturist.
(20). Department stores.
(21). Dwelling, townhouse (configuration of 2 or more attached units)
(22). Dwellings, single family, duplexes and multi -family.
(23). Food processing/retail on premise - no kill/dress of flesh/fowl.
(24). Food store/supermarket, etc. - no slaughtering of flesh/fowl.
(25). Food stores, retail/under 3,000 square feet.
(26). Fruit/wine bar.
(27). Furriers, retail sales and storage.
(28). Glazier.
Page 40
(29). Hotel, motel.
(30). Insurance office and/or claims centers.
(31). Investment firms.
(32). Janitor supplies/services/contracting.
(33). Jewelry/watch repair and sales.
(34). Launderette/dry cleaning, customer self service.
(35). Life styling center.
(36). Liquor store.
(37). Locksmiths or gunsmiths.
(38). Lodges/fraternal and social organizations, non-profit.
(39). Massage parlor.
(40). Music education with related performance and limited sales.
(41). Newspaper office.
(42). Office, professional/governmental.
(43). Office equipment, supplies/sales/service.
(44). Opticians/optical supplies sales.
(45). Parks.
(46). Pawn shops (no outside storage/display).
(47). Pet shops.
(48). Pharmacy.
(49). Photographic studios.
(50). Plumbing/heating materials, retail/service only.
(51). Post office - main distribution center.
(52). Post office - satellite or neighborhood.
(53). Prepared food delivery facilities.
(54). Printing/publishing/reproduction/blueprinting/photo-stating
establishments.
(55). Produce stand.
(56). Real estate sales offices.
(57). Recreational area, commercial and non-commercial.
(58). Repair/service-office/household equipment.
(59). Restaurants.
(60). Retail business (see definition).
(61). Safe houses and domestic violence shelters.
(62). Second hand stores (see definition).
(63). Shoe repair.
(64). Ski rental shop.
(65). Tailors/dressmakers/milliners.
(66). Take and bake prepared food facility.
(67). Telecommunication companies and/or radio common carriers.
(68). Theaters in permanent indoor structures.
(69). Title company.
(70). Travel agency.
(71). Undertaking/mortuaries/funeral homes/parlors.
(72). Variety stores.
(73). Veterinary clinic, small animals.
B-4 Central Business - Page 41
27.16.030:
Uses Which May Be Permitted By Conditional Use Permit.
(1). Assembly halls/coliseums/stadiums/convention hall facilities.
(2). Automobile sales.
(3). Automobile rental agency.
(4). Automobile repair garages, excluding body shops.
(5). Automobile service station (see definition).
(6). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(7). Bus passenger terminal buildings, transit terminals.
(8). Casino (See 27.35.110 Additional Requirements for Specific
Conditional Uses)
(9). Drive-in banking facility.
(10). Electrical distribution station.
(11). Hostel, youth.
(12). Law enforcement/fire stations.
(13). Libraries, museums, and similar cultural facilities.
(14). Mini -brewery.
(15). Quasi -public buildings, non-profit in character.
(16). Railroad rights -of -way.
(17). Schools, commercial (see definition).
(18). Shelter, public or private.
(19). Temporary building/structure.
(20). Transmission towers and cellular communication towers.
(21). Water storage facilities.
27.16.040: 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
(4). Maximum Building Height (FT): 40 (unlimited with CUP)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side -0
Rear - 0
(8). Signs: Refer to Chapter 27.24.
Page 42
CHAPTER 27.17
B-5 INDUSTRIAL -COMMERCIAL
Sections:
27.17.010 Intent
27.17.020 Permitted Uses
27.17.030 Uses Which May Be Permitted By Conditional Use Permit
27.17.040 Property Development Standards
27.17.010: Intent. A zoning district intended primarily to accommodate a variety of
business, warehouse, and light -industrial uses in industrial -commercial park
development. Such uses shall 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 and rail services.
27.17.020: Permitted Uses.
(1). Alcohol beverage, distribution.
(2). Appliance distributors, wholesale/repair.
(3). Art foundry, metal sculpture, molding and casting.
(4). Assembly of machines and appliances.
(5). Automobile parking, commercial or public.
(6). Automobile sales.
(7). Automobile rental agency.
(8). Automobile repair garages, excluding body shops.
(9). Automobile service station (see definition).
(10). Bakeries or baling plants.
(11). Bakery/deli, wholesale/retail.
(12). Banks/savings and loans/finance and loan companies.
(13). Barber and beauty services.
(14). Bedding/carpet/upholstery - manufacturing/cleaning/renovating.
(15). Boat sales, new and used.
(16). Book bindery.
(17). Bottling works/soft drinks.
(18). Building materials, storage/sale including lumber yards.
(19). Cabinet shop.
(20). Candy products manufacture, wholesale.
(21). Car wash, automobile detailing shop.
(22). Catering establishments.
(23). Church/worship/parish/Sunday school buildings.
(24). Coin and/or stamp dealers, lapidaries.
(25). Cold storage plants.
B-5 Industrial Commercial - Page 43
(26). College/business/trade/music/dance school - no student residence.
(27). Contractor's plants/storage yards.
(28). Dairy bar/ice cream manufacturing, retail on premise.
(29). Dairy products processing/bottling/distribution.
(30). Denturist.
(31). Department stores.
(32). Electrical appliance, manufacture/assembly.
(33). Electrical sales and contracting companies
(34). Feed and seed, farm supply.
(35). Fertilizer, bulk sales.
(36). Food bank.
(37). Food processing/retail on premises -no killing or dressing of flesh or
fowl.
(38). Food products - manufacturing/storage/processing/packaging.
(39). Food store/supermarket etc. - no slaughtering of flesh/fowl.
(40). Food stores, retail under 3,000 square feet.
(41). Frozen food lockers.
(42). Furriers, retail sales and storage.
(43). Glazier.
(44). Heating, ventilation, air conditioning (HVAC)/sheet metal shop, sales
and service.
(45). Hotel, motel.
(46). Insurance office and/or claims centers.
(47). Janitor supplies/services/contracting.
(48). Jewelry and clock manufacture.
(49). Jewelry/watch repair and sales.
(50). Laboratories, commercial or industrial research and testing.
(51). Launderette/dry cleaning, customer self-service.
(52). Laundries/dry cleaning plants.
(53). Libraries, museums, and similar cultural facilities.
(54). Light assembly of small component parts.
(55). Liquor store.
(56). Locksmiths or gunsmiths.
(57). Lodges/fraternities/social organizations, non-profit.
(58). Machine shops.
(59). Mini -brewery.
(60). Mini -storage.
(61). Motorcycle sales/repair.
(62). Music education with related performance and limited sales.
(63). Newspaper office.
(64). Office, professional/governmental.
(65). Office equipment, supplies/sales/service.
(66). Ophthalmologist/optometrist office with associated retail.
(67). Optical/scientific instrument manufacturing.
(68). Opticians/optical supplies sales.
(69). Paint and body shops.
Page 44
(70). Parks.
(71). Pawn shops (no outside storage/display).
(72). Pet shops.
(73). Pharmacy.
(74). Pharmaceutical products manufacturing/ processing/ packaging/
storage.
(75). Photographic studios.
(76). Plumbing/heating materials, retail/service only.
(77). Plumbing shop and yard.
(78). Post office - satellite or neighborhood.
(79). Prepared food delivery facilities.
(80). Printing/publishing/reproduction/blueprinting/photo-stating
establishment.
(81). Public utility storage yards and associated offices.
(82). Radiator repair.
(83). Real estate sales offices.
(84). Recreational area, commercial and non-commercial (see definition).
(85). Rental service stores and yards.
(86). Repair/service-office/household equipment.
(87). Restaurants.
(88). Retail business (see definition).
(89). RV sales.
(90). Safe houses and domestic violence shelters.
(91). Second hand stores (see definition).
(92). Shoe manufacture.
(93). Shoe repair.
(94). Sign manufacture, painting and maintenance.
(95). Small engine sales, service and repair (lawn mowers, saws).
(96). Storage warehouses/yards - no distribution/sale on premises.
(97). Tailors/dressmakers/milliners.
(98). Take and bake prepared food facility.
(99). Taxidermist.
(100). Telecommunication companies and/or radio common carriers.
(101). Theaters in permanent indoor structure.
(102). Tire dealer, alignment center.
(103). Tire recapping and retreading.
(104). Title Company.
(105). Travel agency.
(106). Truck rentals, single axle less than 20,100# gvw.
(107). Undertaking/mortuaries/funeral homes/parlors.
(108). Upholstery shop.
(109). Variety stores.
(110). Veterinary clinic, small animals.
(111). Warehousing.
(112). Well drilling business.
(113). Well pump sales and service.
B-5 Industrial Commercial - Page 45
27.17.030:
(114). Woodworking shops, mill work.
Uses Which May Be Permitted By Conditional Use Permit.
(1)_ Assembly halls/coliseums/stadiums/convention hall facilities.
(2). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(3). Bus passenger terminal buildings, transit terminals.
(4). Casino (See 27.35.110 Additional Requirements for Specific
Conditional Uses)
(5). Drive-in banking facility.
(6). Electrical distribution station.
(7). Feed/seed/ processing/cleaning.
(8). Fish sales stand, temporary.
(9). Fuel oil/gas/petroleum products, bulk storage/sale.
(10). Furniture manufacture.
(11). Grain elevators.
(12). Heliports.
(13). Industry/light manufacturing - no smoke, fumes, odor, dust.
(14). Law enforcement/fire stations.
(15). Machine tool manufacture.
(16). Monument manufacture and stone cutting/sales.
(17). Pottery/porcelain/china manufacture.
(18). Quasi -public buildings, non-profit.
(19). Railroad freight yards/terminals/classification yards.
(20). Railroad rights -of -way.
(21). Recycling center.
(22). Retail mall/community shopping center.
(23). Rifle range, indoor.
(24). Schools, commercial (see definition).
(25). Shelter, public or private.
(26). Temporary building/structure.
(27). Transmission towers and cellular communication towers.
(28). Truck terminal/repair/hauling and storage yards.
(29). Water storage facilities.
27.17.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
Page 46
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 10
Side Corner - 15
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
(8). Signs: Refer to Chapter 27.24.
I-1 Light Industrial -Page 47
CHAPTER 27.18
I-1 LIGHT INDUSTRIAL
Sections:
27.18.010 Intent
27.18.020 Permitted Uses
27.18.030 Uses Which May Be Permitted By Conditional Use Permit
27.18.040 Property Development Standards
27.18.010: Intent. An industrial district to provide areas for light industrial uses that
typically do not create objectionable characteristics (such as dirt, noise, glare,
heat, odor, smoke, etc.), which extend beyond the lot lines. Such light
industrial uses would include light manufacturing, processing, fabrication and
assembling of products or materials, warehousing and storage and
transportation facilities. This district is also intended to accommodate various
adult -type uses that may otherwise infringe or negatively influence the
residential or commercial character of other zoning districts.
27.18.020: Permitted Uses.
(1). Alcohol/alcoholic beverage, manufacture.
(2). Alcohol beverage, distribution.
(3). Appliance distributors, wholesale/repair.
(4). Art foundry, metal sculpture, molding and casting.
(5). Assembly of machines and appliances.
(6). Auction house - excluding livestock/animal/fowl.
(7). Automobile, assembly and manufacture.
(8). Automobile parking, commercial or public.
(9). Automobile repair garages, excluding body shops.
(10). Automobile service station (see definition).
(11). Bakeries or baking plants.
(12). Bedding/carpet/upholstery- manufacturing, cleaning, renovating.
(13). Boat building/repair.
(14). Boat sales, new and used.
(15). Book bindery.
(16). Bottling works/soft drinks.
(17). Building materials, storage/sale including lumber yards.
(18). Bus repair and storage.
(19). Cabinet shop.
(20). Candy products manufacture, wholesale.
(21). Car wash, automobile detailing shop.
(22). Clothing manufacture.
(23). Cold storage plants.
(24). Concrete products/paving materials/mixing plants.
Page 48
(25). Contractor's plants/storage yards.
(26). Dairy bar/ice cream manufacturing, retail on premises.
(27). Dairy products processing/bottling/distribution.
(28). Electrical appliance, manufacture and assembly.
(29). Electrical sales and contracting companies.
(30). Farm implement sales and service.
(31). Farm machinery assembly, repair and sales.
(32). Feed and seed, farm supply.
(33). Fertilizer, bulk sales.
(34). Food bank.
(35). Food products manufacturing, storage, processing, and packaging.
(36). Frozen food lockers.
(37). Furriers, retail sales and storage.
(38). Garden supplies, retail sales.
(39). Gases, liquified petroleum in portable metal cylinders, storage and
sales.
(40). Hangers (airplane).
(41). Hatcheries, fish.
(42). Heating, ventilation, air conditioning (HVAC)/sheet metal shop,sales
and service.
(43). Heavy equipment sales and service.
(44). Ice manufacture, storage and sales.
(45). Janitor supplies/services/contracting.
(46). Jewelry and clock manufacture.
(47). Laboratories, commercial or industrial research and testing.
(48). Laundries/dry cleaning plants.
(49). Light assembly of small gadgets/widgets.
(50). Locksmiths or gunsmiths.
(51). Machine shops.
(52). Manufactured home sales lot.
(53). Mini -brewery.
(54). Mini -storage.
(55). Motorcycle sales and repair.
(56). Musical instrument manufacture.
(57). Optical/scientific instrument manufacturing.
(58). Paint and body shops.
(59). Parks.
(60). Pharmaceutical products, manufacturing, processing, packaging,
storage.
(61). Plumbing and heating materials, retail and service only.
(62). Plumbing shop and yard.
(63). Prefabricated building materials, assembly and manufacture.
(64). Printing, publishing, reproduction, blueprinting, and photostating
establishments.
(65). Public utility storage yards and associated offices.
(66). Radiator repair.
I-1 Light Industrial -Page 49
(67). Rag, bag, and carpet cleaning establishments.
(68). Rental service stores and yards.
(69). Repair/service of industrial equipment or machinery.
(70). Repair/service of office and household equipment.
(71). Retail restricted (see definition)
(72). Safe houses and domestic violence shelters.
(73). Second hand stores (see definition).
(74). Shoe manufacture.
(75). Sign manufacture, painting and maintenance.
(76). Storage warehouses, yards - no distribution or sale on premises.
(77). Taxidermist.
(78). Technology - research, design, engineering and telecommunication
facilities.
(79). Tire dealer, alignment center.
(80). Tire recapping and retreading.
(81). Trailer sales areas.
(82). Truck rentals, single axle, less than 20,1009 gvw.
(83). Upholstery shop.
(84). Warehousing.
(85). Waste paper/rags collection and baling.
(86). Well drilling business.
(87). Well pump sales and service.
(88). Woodworking shops, mill work.
27.18.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports and landing fields.
(2). Auction yards, livestock.
(3). Auto wrecking/junkyards (see definition).
(4). Bars, taverns, cocktail lounges, and clubs. (Administrative CUP)
(5). Bulk storage of liquified propane and similar flammables.
(6). Canvas/burlap products manufacturing, sales, and storage.
(7). Casino (See 27.35.110 Additional Requirements for Specific
Conditional Uses)
(8). China manufacture.
(9). Electrical distribution station.
(10). Electric light/power generating station.
(11). Emery cloth/sandpaper manufacturing.
(12). Enameling, japanning, lacquering, plating, galvanizing of metal.
(13). Excelsior/fiber manufacture.
(14). Explosives, ammunition, fireworks, gunpowder manufacturing.
(15). Extractive industries.
(16). Feed/seed processing and cleaning.
(17). Flour mill.
(18). Fuel oil, gas, petroleum products bulk storage and sales.
(19). Furniture manufacture.
Page 50
27.18.040:
(20). Gasoline storage (comply with fire code).
(21). Glass or glass products manufacture.
(22). Grain elevators.
(23). Heliports.
(24). Hosiery manufacture.
(25). Industry/light manufacturing - no smoke, fumes, odor, dust.
(26). Insulation material manufacture and sales.
(27). Landfill, sanitary disposal.
(28). Law enforcement/fire stations.
(29). Libraries, museums, and similar cultural facilities.
(30). Machine tool manufacture.
(31). Monument manufacture and stone cutting and sales.
(32). Pottery, porcelain and china manufacture.
(33). Radio/tv broadcasting stations.
(34). Railroad freight yards/terminals/classification yards.
(35). Railroad rights -of -way.
(36). Recycling center.
(37). Rifle range, indoor.
(38). Rock crushers.
(39). Rodenticide, insecticide, pesticide mixing plants.
(40). Schools, commercial (see definition).
(41). Sexually oriented business.
(42). Sewage treatment plant.
(43). Temporary building/structure.
(44). Textile machinery manufacture.
(45). Textile manufacture.
(46). Tile manufacturing.
(47). Transmission towers and cellular communication towers.
(48). Truck terminal/repair/hauling and storage yards.
(49). Veterinary clinic, large animals.
(50). Water treatment plants.
(51). Water storage facilities.
Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard -20
Side Yard - 10
Rear Yard - 10
Side Corner - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
I-1 Light Indust ial - Page 51
Front
- 10
Side
- 10
Rear
- 10
(8). Signs: Refer to Chapter 27.24.
Page 5?
CHAPTER 27.19
I-2 HEAVY INDUSTRIAL
Sections:
27.19.010 Intent
27.19.020 Permitted Uses
27.19.030 Uses Which May Be Permitted By Conditional Use Permit
27.19.040 Property Development Standards
27.19.010: Intent. An industrial district 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.
27.19.020: Permitted Uses.
(1). Acetylene gas, manufacture and storage.
(2). Agricultural and horticultural uses.
(3). Alcohol/alcoholic beverage manufacture.
(4). Art foundry, metal sculpture, molding and casting.
(5). Assembly of machines and appliances.
(6). Automobile assembly and manufacture.
(7). Automobile repair garages, excluding body shops.
(8). Automobile service station (see definition).
(9). Bakeries or baring plants.
(10). Bedding, carpet and upholstery manufacture, cleaning and renovating.
(11). Blacksmith.
(12). Blast furnace.
(13). Boat building and repair.
(14). Boiler works.
(15). Book bindery.
(16). Bottling works/soft drinks.
(17). Building materials, storage and sale including lumber yards.
(18). Bus repair and storage.
(19). Can and container manufacture.
(20). Car wash, automobile detailing shop.
(21). Chemicals and allied products manufacture.
(22). Clothing manufacture.
(23). Coal and coke yards.
(24). Cold storage plants.
(25). Concrete products, paving materials, mixing plants.
(26). Contractor's plants/storage yards.
I-2 Heavy Industrial -Page 53
(27). Dairy products processing, bottling and distribution.
(28). Dry kiln (see also forest products processing).
(29). Electrical appliance, manufacture and assembly.
(30). Farm machinery assembly, repair and sales.
(31). Feed and seed, farm supply.
(32). Fertilizer, bulk sales.
(33). Food products manufacture, storage, processing, and packaging.
(34). Frozen food lockers.
(35). Gases/liquified petroleum in portable metal cylinders, storage and
sales.
(36). Hatcheries.
(37). Heating, ventilation, air conditioning (HVAC)/sheet metal shop, sales
and service.
(38). Ice manufacture, storage and sales.
(39). Jewelry and clock manufacture.
(40). Laboratories, commercial or industrial research and testing.
(41). Laundries and dry cleaning plants.
(42). Light assembly of small gadgets or widgets.
(43). Machine shops.
(44). Motorcycle sales and repair.
(45). Musical instrument manufacture.
(46). Optical and scientific instrument manufacture.
(47). Paint and body shops.
(48). Parks.
(49). Pharmaceutical products, manufacturing, processing, packaging, and
storage.
(50). Plumbing shop and yard.
(51). Poultry, killing and dressing for wholesale and retail.
(52). Prefabricated building materials, assembly/manufacture.
(53). Public utility storage yards and associated offices.
(54). Rag, bag, carpet cleaning establishments.
(55). Railroad car repairs and manufacture.
(56). Repair and service of industrial equipment and machinery.
(57). Safe houses and domestic violence shelters.
(58). Shoe manufacture.
(59). Sign manufacture, painting and maintenance.
(60). Storage warehouses and yards - no distribution or sale on premises.
(61). Tire recapping and retreading.
(62). Warehousing.
(63). Waste paper and rags, collection and baling.
(64). Well drilling business.
(65). Woodworking shops, mill work.
27.19.030: Uses Which May Be Permitted By Conditional Use Permit.
Page 54
(1). Acid manufacture.
(2). Airports and landing fields.
(3). Ammonia, bleach, and chlorine manufacture.
(4). Asphalt manufacture.
(5). Auction yards, livestock.
(6). Auto wrecking and junk yards (see definition).
(7). Brick, tile and terra cotta manufacture.
(8). Canvas and burlap products, manufacture, sales and storage.
(9). Cellophane manufacture.
(10). Cement, lime and plaster manufacture.
(11). China manufacture.
(12). Cosmetics and perfume manufacture.
(13). Creosote manufacturing and treatment plants.
(14). Distillation of bones, coal, petroleum, refuse, grain, tar and wood.
(15). Dye stuff manufacture.
(16). Electrical distribution station.
(17). Electric light and power generating station.
(18). Emery cloth, sandpaper manufacture.
(19). Enameling, japanning, lacquering, plating, galvanizing of metal.
(20). Excelsior and fiber manufacture.
(21). Explosives, ammunition, fireworks, gunpowder manufacturing.
(22). Extractive industries.
(23). Fat rendering by boiling or distillation.
(24). Feed and seed, processing and cleaning.
(25). Felt manufacture.
(26). Fertilizer manufacture.
(27). Flour mill.
(28). Forest products processing.
(29). Forging plants.
(30). Foundry and metal fabrication plants.
(31). Fuel oil, gas, petroleum products, bulk storage and sale.
(32). Furniture manufacture.
(33). Gasoline storage (comply with fire code).
(34). Glass or glass products manufacture.
(35). Glue and size manufacture.
(36). Grain elevators.
(37). Heliports.
(38). Hosiery manufacture.
(39). Industrial chemical manufacture except highly corrosive materials.
(40). Industry, heavy - uses not named but similar to other I-2 uses.
(41). Industry, light manufacturing - no smoke, fumes, odor, and dust.
(42). Insulation material manufacture and sale.
(43). Landfill, sanitary disposal.
(44). Law enforcement, fire stations.
(45). Libraries, museums and similar cultural facilities.
I-2 Heavy Industrial -Page 55
(46). Linseed oil, shellac, turpentine, manufacturing and refining.
(47). Log storage.
(48). Lubrication, grease manufacture, oil compounding.
(49). Lumber, plywood, shingle mills.
(50). Machine tool manufacture.
(51). Meat processing, packing and slaughter.
(52). Metal fabrication, boiler, tank works.
(53). Monument manufacture and stone cutting and sales.
(54). Oil cloth or linoleum manufacture.
(55). Ore reduction.
(56). Oxygen manufacture and/or storage.
(57). Paint and enamel manufacture.
(58). Paper, pulp, cardboard, box, building, plaster, wallboard
manufacturing.
(59). Petroleum products in unpressurized tanks less than15,000 gal
capacity.
(60). Planing or sawmills (see also forest products processing).
(61). Plastics manufacture.
(62). Plating works.
(63). Pottery, porcelain and china manufacture.
(64). Radio, tv broadcast stations.
(65). Railroad freight yards, terminals, classification yards.
(66). Railroad rights -of -way.
(67). Rock crushers.
(68). Rodenticide, insecticide, and pesticide mixing plants.
(69). Rubber manufacture.
(70). Scrap processing yard.
(71). Sewage treatment plant.
(72). Slaughterhouse.
(73). Smelting, refining of aluminum, copper, tin, zinc, and other metals.
(74). Soap, detergent, washing compound manufacture.
(75). Tanning, cutting, curing, and cleaning of green hides or skins.
(76). Tar and waterproofing materials manufacture.
(77). Temporary building/structure.
(78). Textile machinery manufacture.
(79). Textile manufacture.
(80). Tile manufacturing.
(81). Transmission towers and cellular communication towers.
(82). Truck terminal, repair and hauling and storage yards.
(83). Water treatment plants.
(84). Water storage facilities.
27.19.040: Property Development Standards.
Page 56
(1). Minimum Lot Area: 7500 square feet
(2). Minimum Lot Width (FT): 75
(3). Minimum Yards (FT):
Front Yard - 40
Side Yard - 20
Rear Yard - 40
Side Corner - 40
(1). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(2). Permitted Lot Coverage (%): N/A
(3). Off -Street Parking: Refer to Chapters 27.26 and 27.27.
(4). Maximum Fence Heights (FT):
Front - 10
Side - 10
Rear - 10
(5). Signs: Refer to Chapter 27.24.
P-1 Public - Page 57
CHAPTER 27.20
P-1 PUBLIC
Sections:
27.20.010 Intent
27.20.020 Permitted Uses
27.20.030 Uses Which May Be Permitted By Conditional Use Permit
27.20.040 Property Development Standards
27.20.010: Intent. A public district 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, and open spaces, etc.
27.20.020: Permitted Uses.
(1). Lodges, fraternal and social organizations, non-profit.
(2). Office buildings, governmental.
(3). Parks.
27.20.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports, hangers and landing fields.
(2). Amusement park or zoo and similar out-of-doors activities.
(3). Assembly halls, coliseums, stadiums, convention hall facilities.
(4). Cemeteries, mausoleums, columbariums, crematories.
(5). Colleges, university - public and private.
(6). Community center, gym, swim pools - operated by public and quasi -
public.
(7). Community residential facility for eight (8) or fewer persons.
(8). Community residential facility for more than eight (8) persons.
(9). Electrical distribution station.
(10). Electric light and power generating station.
(11). Foster or group homes serving eight (8) or fewer persons.
(12). Foster or group homes serving more than eight (8) persons.
(13). Fraternity, sorority houses, must be within .5 miles of school.
(14). Golf courses.
(15). Golf drive range and putting course.
(16). Heliports.
(17). Jail facilities, municipal or county.
(18). Landfill, sanitary disposal.
(19). Law enforcement, fire stations.
Page 58
(20). Libraries, museums, and similar cultural facilities.
(21). Public fair grounds.
(22). Railroad rights -of -way.
(23). Retirement home.
(24). Safe houses and domestic violence shelters.
(25). Sanitarium.
(26). Schools, public and private, grades 1-12.
(27). Sewage treatment plant.
(28). Temporary building, structure.
(29). Transmission towers and cellular communication towers.
(30). Water treatment plants.
(31). Water storage facilities.
27.20.040: Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 65
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Side Corner - 20
Rear Yard - 20
(4). Maximum Building Height (FT): 40 (60 with Conditional Use Permit)
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Chapters 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per Section 27.22.090.
(8). Signs: Refer to Chapter 27.24.
Planned Unit Development District -Page 59
CHAPTER 27.21
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sections:
27.21.010 Intent
27.21.020 General
27.21.030 Standards for Planned Unit Development District (PUD)
27.21.010: 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 an area.
27.21.020: 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 land owner(s')
designee 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 forin 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
Page 60
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:
(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 storin 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;
Planned Unit Development District - Page 61
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 not
limited to:
1. Single family detached housing when the lots equal or exceed
the minimum lot size of the underlying zone;
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.
(g). The PUD plan shall show the boundary lines of adjacent subdivided or
unsubdivided 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;
Adequate provisions shall be made for maintenance of all public
common facilities which are developed on public land are not intended
to be maintained by the public, i.e. a trail or park 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:
Page 62
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 phases or major development components may show
conceptual street designs, proposed park and open space areas,
trail concepts, proposed residential density, housing types
(single family, 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).
(i) A finding that the outstanding items are significant and
therefore future phases or components should follow
the full PUD application process;
(ii) 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
(iii) 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;
(iv) 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.
Planned Unit Development District - Page 63
(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;
(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;
(i). Conformity with all applicable provisions of this chapter.
(5). Action by the Zoning Commission.
Page 64
(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 27.30.030. 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 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 city 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 city
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
Planned Unit Development District - Page 65
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 office 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;
(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
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 Planned Unit Development before the completion of the
development as long as development is in conformity with the approved detailed
Planned Unit Development and proceeding in accordance with the time
requirements imposed therein by the completion schedule.
(9). Amending an Approved Final PUD. Once approved a PUD may be amended
by the owner(s). Proposed amendments shall be submitted to the Kalispell Site
Review Committee. The committee shall make one of the following findings:
(a) 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;
(b) 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.
(10). Abandonment or Expiration.
The zoning administrator shall monitor the PUD for compliance with
the completion schedule set forth in the approved development plan
Page 66
and to assure that all improvements have been made in accordance
with the approved development plan. The following procedures are to
be followed 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 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 but each extension is a matter of grace which,
if approved, may be subject to additional conditions
imposed by the 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:
(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 27.21.020 2(b).
Planned Unit Development District - Page 67
(b). PUD's which are implemented by or subject to a subdivision
application:
1. If the underlying 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 27.21.020 2(b).
27.21.030: 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 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
Page 68
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 through RA-3 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:
Underlying Residential
T)i etri rt
R-1 District
R-2 District
R-3 District
R-4 District
R-5 District
RA-1 District
RA-2 District
RA-3 District
H-1 District
Table 1
PUD Density Allocation
Max # Dwelling Units/Developable
Acre
1 dwelling unit
3 dwelling units
4 dwelling units
7 dwelling units
10 dwelling units
10 dwelling units
20 dwelling units
20 dwelling units
20 dwelling units
a. Table 1 provides for the maximum # of dwelling
units per developable acre. Developable acres is
based on land in developable area and excludes
undevelopable land as defined in 27.21.030 (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:
1. An analysis of the environmental factors
affecting the land,
2. compatibility with surrounding land uses and
impact on adjacent neighborhood,
services,
Planned Unit Development District - Page 69
3. availability of public infra -structure and
4. 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:
1. Up to a 20% increase in residential units for
projects which exceed the minimum park and
open space requirements as follows:
a. A 5% increase in density for each 10%
increase over and above the minimum
required developed park lands.
b. A 5% increase in density for each 10%
increase of open space over and above the
minimum park land requirement.
2. 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 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;
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;
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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 27.21.030 (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, flood plains, 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.
(b). Commercial PUD District.
1. Minimum size is two acres of developable area.
2. A commercial PUD district may be established in areas
zoned B-1 through B-5, P-1 and H-1.
Planned Unit Development District - Page 71
(c). Industrial PUD District.
1. Minimum size is two acres of developable area.
2. An Industrial PUD district may be established in areas
zoned I-1, I-2, P-1 and B-5.
(d). Residential Mixed Use PUD.
1. The minimum size is 5 acres of developable area.
2. A residential mixed use PUD may be established in areas
zoned R-1 through R-5, RA-1 through RA-3, B-1, P-1 and
H-1;
3. 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.
4. The residential uses and densities appropriate to a Mixed
Use PUD are the same as those permitted in a Residential
PUD;
5. Commercial uses appropriate to a Mixed Use PUD are the
same as those permitted in a Commercial PUD;
6. Incompatible industrial and commercial uses are not
permitted;
7. The combined area of all commercial/industrial lots cannot
exceed 35% of the developable area.
(e). Non -Residential Mixed Use PUD.
1. Minimum size is two acres of developable area.
2. A non-residential mixed use PUD may be established in
any zoning district which would allow a commercial or
industrial PUD.
3. Uses allowed under either a Commercial or Industrial
PUD are allowed.
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CHAPTER 27.22
SUPPLEMENTARY REGULATIONS
Sections:
27.22.010
Intent
27.22.020
Accessory Uses
27.22.030
Design Standards for Single Family Dwellings
27.22.040
Site Plan Review
27.22.050
Greenbelts
27.22.060
Principal Structures
27.22.070
Exceptions to Height Regulations
27.22.080
Structures To Have Access
27.22.090
Fences, Walls, and Hedges
27.22.100
Lots in Two Zones
27.22.104
Outdoor Lighting Standards
27.22.110
Visibility at Intersections
27.22.120
Neighborhood Plans
27.22.130
Sublots
27.22.140
Side Corner Setbacks
27.22.150
Special Events
27.22.160
Home Occupations
27.22.170
Safe Houses and Domestic Violence Shelters
27.22.010: 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.
27.22.020: Accessory Uses. The uses of land, buildings, and other structures permitted
in each of the districts established by this (zoning) ordinance are designated
by tables or lists of principal uses permitted. In addition to such principal
uses, this section shall regulate uses customarily incidental to any principal
uses permitted in the district.
(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.
Supplementary Regulations - Page 73
(d). Contribute to the comfort, convenience, or necessity of users of
such principal use.
(2). Application to Zoning Districts. The accessory uses, buildings or other
structures permitted in each zoning classification may include the following:
(a). In the R-1, R-2, R-3, R-4, and R-5 zones:
1). Fences as regulated by 27.22.090.
2). Private garages and sheds for the storage or maintenance of
recreation and yard equipment used on the premises.
3). Private greenhouses, vegetable, fruit, or flower garden.
4). Structures for the shelter of household pets except kennels.
5). Noncommercial communication towers and satellite receiving
devices when located in the rear yard. Engineered installation
shall be required if the structure(s) extend to a height that
would cross property lines if it collapsed or fell.
6). Gazebos, enclosed patios and similar buildings for recreational
use.
7). Roadside stands in an R-1 zone only for the sale of produce
grown on the premises provided that such a stand shall not
contain more than 600 square foot of floor area, the stand is
located not less than 20 feet from a street, and access to the
stand is from an entrance to the farm or residence.
8). Private recreational uses and facilities including but not limited
to swimming pools and tennis courts.
9). Signs as regulated by Chapter 27.24.
10). Off-street parking as regulated by Chapter 27.26.
11). Accessory single family dwelling in R-4 district only, subject
to following requirements:
(i). No more than two dwelling units per lot is permitted.
The lot must conform to the minimum lot area
requirements of the underlying zoning district.
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(ii). Maximum floor area of the accessory single family
dwelling is 1000 square feet. Maximum height is 25
feet.
(iii). An accessory single family dwelling shall conform to
the setback requirements of principal structures. The
minimum setback between the principal and accessory
dwelling is 10 feet. The location of an existing
structure (s) shall not be considered a special condition
or circumstance that justifies the granting of a variance
from these set back requirements.
(iv). An accessory single family dwelling may not be rented
or leased as a separate residence unless the property
owner maintains permanent residence in the primary
dwelling.
(v). If a lot with an accessory single family dwelling is
subdivided, the existence of the second dwelling shall
not be considered a special condition or circumstance
that justifies the granting of a variance from the
property development standards of Section 27.07.040.
(vi). Approval of sewer and water facilities by the Public
Works Director shall be obtained prior to building
permit approval of an accessory single family dwelling.
(b). In the RA-1, RA-2, and RA-3 zones. In addition to the
accessory uses included in subsection (2) (a), except (2) (a)
(12), noncommercial domestic storage buildings associated
with multi -family dwellings and off-street loading shall be
permitted.
(c). In the H-1 zone:
1). For residential uses, the accessory uses included in
subsection (2)(b) shall be permitted.
2). Uses incidental to permitted hospitals such as gift
shops, cafeteria, medical and nursing instruction,
chapel, laundry, etc. and oversized parking for
recreational vehicles. No individual sanitary sewer
hookups are permitted in these RV spaces.
3). Signs as regulated by Chapter 27.24.
Supplementary Regulations - Page 75
4). Off-street parking as regulated by Chapter 27.26 and
off-street loading as regulated by Chapter 27.27.
5). Fences as regulated by 27.27.090.
(d). In the B and P zones except B-5:
1). Storage building incidental to the primary use.
2). Signs as regulated by Chapter 27.24.
3). Off-street parking as regulated by Chapter 27.26 and
off-street loading as regulated by Chapter 27.27.
4). Fences as regulated by Section 27.22.090.
5). Uses incidental to permitted hotels such as clubs, gift
shops, restaurant, etc.
e) In the B-5 and I zones:
1). Offices.
2). Employee cafeteria.
3). Watchman's quarters.
4). Signs as regulated by Chapter 27.24.
5). Parking and loading as regulated by Chapters 27.26 and
27.27 respectively.
6). Fences as regulated by 27.22.090
(3). Accessory use restrictions. The following is a list of restrictions on
accessory uses and structures:
(a). No accessory structures except fences, walls, hedges, and
residential garages on lots that do not abut an alley, shall be
located in any front yard provided, however, that garages may
not encroach on setbacks. Accessory buildings shall not be
located any closer than five feet to a rear or side lot line in
zoning districts with setback requirements. Signage shall be
located on a lot in conformance to the requirements of Chapter
27.24.
Page 76
(b). Accessory buildings in a commercial or industrial district shall
comply to the setback requirements for principal buildings
when located adjacent to a residential district or residential use.
(c). On corner lots, accessory structures and uses shall conform to
the setback requirements on both street frontages.
(d). 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.
(e). Accessory buildings shall not exceed a height of 18 feet in all
R zones nor the maximum height of a principal building in
other zones. Accessory buildings in R zones shall be limited to
single story construction.
(f). Attached accessory buildings shall be located pursuant to the
requirements for principal buildings.
(g). 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.
27.22.030: Design Standards for Single Family Dwellings. 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.
All single family dwellings shall comply with the following standards:
(1). All single family dwellings must be site built or manufactured homes
which are a minimum of 20 feet at the narrowest width and have not
been previously located.
(2). All dwellings shall be placed on a permanent foundation that meets
applicable building code requirements.
(3). For factory assembled housing, all tow bars, wheels, and axles shall be
removed when the dwelling is installed.
27.22.040: 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.
Supplementary Regulations - Page 77
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 Building Official who will check them for the
following:
1). Compliance with Kalispell Zoning Ordinance, and
2). Compliance with Uniform Codes as well as all other
applicable codes of the State of Montana and the City
of Kalispell.
(b). Site plan 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;
3). All lot lines, easements, rights -of -way, drawn to a
reasonable and accurate scale;
4). Location of all buildings, parking areas, drainage,
fences and other improvements;
5). Grading plan as may be required by the Building
Official, depending on site conditions;
6). Public improvement plan showing curbs, gutters, and
utilities, both existing and proposed; and,
7). Location and size of sewer and water lines.
Page 78
(c). The City of Kalispell Building Official has the right to review
and require revisions to any proposed minor site plan. After
review and approval of the plans, the permit applicant is issued
the necessary permits and is required to contact the building
department for all required inspections.
(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). General Information. (To be provided on an application
form.)
1). Name of project/development;
2). Location of project/development by street address;
3). Location map, including area within one-half mile of
site;
4). Name and mailing address of developer and owner;
5). Name and mailing address of engineer/architect,
landscape architect and or planner;
6). Date of plan preparation and changes;
7). North point indicator;
8). Suggested scale of one inch to 20 feet, but no less than
one inch to 100 feet;
9). List of names and addresses of property owners within
150 feet of site, using last declared county real estate
records;
10). Stamped, unsealed envelopes addressed with the names
of the above property owners; and,
11). Zoning classification within 200 feet.
(b). Site Plan Information. Three sets of working drawings and
three sets of site plans shall be submitted incorporating the
following information:
Supplementary Regulations - Page 79
1). Boundary line of property with dimensions;
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, except for sites adjacent to minor arterial or
collector streets where the distances shall be 200 feet;
4). On -site streets and rights -of -way;
5). Ingress and egress points;
6). Traffic flow on -site;
7). Traffic flow off -site;
8). Utilities and utility rights -of -way or easements:
(i). Electric,
(ii). Natural Gas,
(iii). Telephone, cable television,
(iv). Water,
(v). Sanitary sewer, and
(vi). Storm sewer;
9). Buildings and structures;
10). Parking facilities, including bicycle racks;
11). Water bodies and wetlands;
12). Service water holding ponds, drainage and irrigation
ditches;
13). Grading and drainage plans;
14). Significant rock outcroppings;
Page 80
15). Sidewalks, walkways, driveways, loading areas and
docks, bikeways;
16). Provision for handicapped accessibility, including but
not limited to wheelchair ramps, parking spaces,
handrails, and curb cuts;
17). Fences and walls;
18). Exterior signs;
19). Exterior refuge collection areas;
20). Exterior lighting;
21). Landscaping (detail plans showing plantings,
equipment, and other appropriate information):
(i). Size of plantings, time of planting and size at
maturity, and
(ii). Areas to be irrigated;
22). Number of employee and non -employee parking
spaces, existing and proposed, and total square footage
of each;
23). Site statistics including site square footage, non-
residential building square footage, percent of site
coverage (building and parking), net dwelling unit
density, percent park or open space; and,
24). Site plan review fee as established by the city council.
(c). Other application requirements.
1). Statements from a professional engineer or architect
shall be provided to address impacts relative to: traffic,
safety, water supply and use, sanitary sewer, available
services and quality, drainage impacts, garbage
impacts, and needed services, and grading.
2). If a total of 150 cubic yards of material outside of the
five foot building line or in excess of twelve inches of
fill material or in excess of 18 inches of cut material is
contemplated within the construction, then a separate
Supplementary Regulations -Page 81
grading plan shall be submitted addressing the existing,
the new, any impacts upon the surrounding adjacent
property and right-of-way.
3). Any work constructed within the public right-of-way
shall require a detailed site drawing to be submitted to
the public works department for review, permitting, fee
payment, and approval.
(d). Criteria for Design Review. The following criteria shall be
utilized by the Site Development Review Committee, when
required, in reviewing site plans to insure 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 either the development,
use, enjoyment or value of other property in the vicinity
or the orderly development of the neighborhood or the
area as a whole.
3). Project Development.
(i). 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;
(ii). The proposed development or physical
improvement is in character with the design
qualities of other developments in the area;
(iii). Due consideration has been given to historical
characteristics or architectural theme within an
area;
(iv). There is sufficient variety in the design of the
structures and ground to avoid monotony in the
external appearance;
Page 82
(v). Utilities are placed underground whenever
feasible.
4). Aesthetic Design.
(i). The design, size, shape and arrangement of
structures and uses are in scale and compatible
with the surroundings.
(ii). Exposed utility lines, storage areas, machinery,
installations, service and loading areas,
advertising features, and similar accessory areas
or structures are setback or screened to
minimize the loss of natural light, views,
privacy, and general aesthetic value of
surrounding properties.
(iii). The development or physical improvement is so
designed, sized or sited to minimize obstruction
of scenic views.
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.
6). Size, location and design of all exterior signs and
illumination are in scale and harmony with the site and
consistent with the sign code.
(e). 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 following members of the city staff. City
Manager, City Engineer and/or the Public Works Director,
Planning and Community Development Director, Police Chief,
Fire Chief, City Planner, City Building Official,
Planning/Redevelopment Manager and from time to time any
other staff member so designated by the City Manager.
Supplementary Regulations - Page 83
(f). Power to Amend Plans. When approving an application for a
site design and use, the staff 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 and aesthetic appearance.
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.
4). Require approval of the grading plan and/or drainage
plan by the City Engineer or other engineer designated
by the City Manager.
5). Require the modification or revision of the design or
remodeling of structures, signs, accessory buildings,
etc. to be consistent with all codes, ordinances, and
guidelines of this section.
6). Require the modification of any new structures, new
accessories, parking and landscaping on the project site,
especially to buffer adjacent uses from the possible
detrimental effects of the proposed development.
7). Require on -site fire hydrants with protective barricades
including during the construction phase of a project.
8). Require the type and placement or shielding of lights
for outdoor circulation and parking.
9). Require placing all utilities underground.
10). 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
Page 84
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.
11). Require pedestrian access, separate pedestrian access
ways, and sidewalks in new developments.
(g). Permit Issuance for Major Site Plans. The staff 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. Whenever required or
necessary by state or local law, professional engineering or
architectural statement(s) and certification(s) shall be placed
upon the drawings specifically addressing that the construction
or work is in conformance with the appropriate codes or
standards.
(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, as applicable to major site plans, or
by the Building Official, as applicable to minor site plans.
(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 supporting such determination shall be recorded
in the decision and shall constitute a part of the record thereof.
27.22.050: Greenbelts.
(1). All sites in a "B" classified district having a common boundary with
an "R", "H", or "RA" classified property, shall erect and maintain a
Supplementary Regulations - Page 85
view -obscuring fence or dense, coniferous hedge along such common
boundary. Fences shall not be less than six feet in height. Hedges shall
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 building, street, or alley.
(2). All sites in an "I" classified district having a common boundary with
an "R", "H", or "RA" classified property shall have planted and
maintained along such common boundary a view -obscuring coniferous
greenbelt of shrubs and trees not less than eight feet in height at
maturity nor less than ten feet in width for screening purposes and
controlling access.
(3). Fence requirements, as herein provided, shall be complied with within
a period of one year from the date of issuance of a building permit for
any structure built in a "B" or "I" zoning district when bordering an
"R", "H", or "RA" as set forth above. Greenbelts or hedges shall
provide substantial evidence of compliance with the requirements as
herein provided within a period of one year from the date of issuance
of a building permit.
(4). Fences or greenbelts erected as a requirement of this section shall be
maintained in a neat and orderly manner. Failure to comply within 30
days after notification by the zoning administration shall be a
violation.
(5). The vegetation greenbelt shall be approved by the zoning
administrator. In general terms, the coniferous vegetation shall be at
least three feet in height at time of planting.
27.22.060: Principal Structures. In any "B", "P", or "I" district, more than one structure
housing a permitted and customary accessory 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 or structural expansions to
existing structures proposed in an "RA" or "H" district shall be subject to
approval as a conditional use.
27.22.070: Exceptions to Height Regulations. 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, transmission towers and cellular communication towers and
facilities, unless otherwise prohibited by Federal Aviation Regulations, part
77. Masts for flagpoles shall not exceed the height limits of the zoning
Page 86
district. Furthermore, said flag mast 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.
27.22.080: 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.
27.22.090: Fences, Walls, and Hedges.
(1). Except as otherwise provided by this ordinance, no fence, hedge, or
free-standing wall shall exceed 42 inches in height anywhere within or
bounding the front yard or 78 inches within the rear or side yards
when placed within the required yard setback areas. 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, 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 and purpose of the fence.
(3). Security fences are allowed on side and rear yards up to ten 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.
(4). Except in the R-1 district 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.
27.22.100: Lots in Two Zones. Where a district boundary line as established in this code
divides a lot which was in single ownership and of record at the time of this
code, the use thereon and district requirements applying to the least restricted
portion of such lot under this code shall be considered as extending to the
entire lot, provided the more restricted portion of such lot is entirely within 20
feet of the dividing line, the use so extended shall be deemed to be
conforming.
Supplementary Regulations - Page 87
27.22.104 Outdoor Lighting Standards.
PURPOSE AND 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.
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.
STANDARDS:
1. All lights shall be shielded and directed in such a way as to direct all light toward the
intended area and away from reflective surfaces.
2. Lighting shall be designed, directed and shielded in such a manner that direct light does
not leave the perimeter of the site as limited by these regulations.
3. 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.
4. The height and level of lighting should be appropriate for the development Lights
mounted on poles shall not be taller than the building located on the property or taller
than 25 feet, whichever is less (pole height to be calculated from grade to the top of the
pole structure).
5. Roof illumination is not allowed.
6. When practical, timing mechanisms and photo cells shall be used to reduce light levels
and conserve energy during non -operational hours.
7. Lighting mounted on the building should be integrated as an architectural component and
shall meet all requirements of this ordinance. Nothing herein shall be deemed to prohibit
the installation of minimum lighting standards required by the applicable building and/or
fire codes.
8. Canopy lighting, such as service station lighting, 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
Page 88
adjacent properties. Any canopy structure used at a business location must have recessed
lights with diffusers which do not extend below the surface of the canopy.
9. 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.
10. All pole mounted lighting shall have a full cut-off fixture that does not allow light to
shine above a 90 degree angle measured from a vertical line from the center of the lamp.
11. Mercury vapor lights are prohibited because of the poor color spectrum, light intensity
and inefficient energy use.
12. Low pressure or high pressure sodium lights and metal halide are encouraged rather than
the use of fluorescent lights.
13. Light fixtures or lamps shall be shielded or shaded in such a manner so that the light
emitting surface is not visible and to direct incident rays away from all adjacent property.
14. 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.
15. The level of lighting shall not exceed 0.3 foot candles at any residential property line or
0.5 foot candles at any non-residential property line. Measurements shall be taken from
ground level.
16. Floodlights 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
and shall not shine onto any adjacent public right of way or adjacent property.
17. 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.
18. 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.
SPECIFIC USES:
Security Lighting for Commercial and Residential Uses: Security lighting is defined as
lighting designed and used to discourage crime and undesirable activity which includes
parking lot lighting.
1. Security lighting should use the lowest possible illumination to effectively allow
surveillance.
Supplementary Regulations - Page 89
2. The use of sensor technologies, timers or other means to activate lighting during
times when it will be needed may be required by the zoning administrator to conserve
energy, provide safety, and promote compatibility between different land uses.
3. Both commercial and residential security lighting shall be shielded so the light source
is not visible and the light is aimed so that illumination is directed to the designated
areas. All non -essential exterior commercial lighting is to be turned off after business
hours.
Architectural Accent Lighting:
1. 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 minimize light spill into
the dark night sky in conformance with the luminaire standards.
2. Lighting fixtures shall not generate excessive light levels, cause glare, or direct light
beyond the facade onto neighboring property, streets or the night sky.
Canopy Lighting and Lighting of Service Stations: In addition to the general standards
previously listed, the following also apply:
1. Lighting of such areas shall not be used to attract attention to the business. Lighting
levels shall be adequate to facilitate the activities taping place in such locations. In
order to minimize the extent of direct glare, 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 85 degrees or less from vertical.
2. As an alternative (or supplement) to recessed ceiling lights, 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.
3. Lights shall not be mounted on the top or sides (fascias) of the canopy.
Outdoor Sports or Recreation Fields or Performance Areas.
1. 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.
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
Page 90
primarily on the individual flag or flags to limit light trespass and spill into the dark night
Sky.
Searchlights. The operation of searchlights for any purpose other than an emergency need is
prohibited.
Towers. Lighting on towers is prohibited except as required by regulations of the Federal
Aviation Administration.
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 al exterior lighting.
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. If needed, additional information may be required by the site development review
committee in order to demonstrate compliance with these regulations which may
include photometric data of all 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 ten feet beyond the property boundaries.
NON -CONFORMING LIGHTING
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, 2009. Two -one year
extensions may be considered by the Kalispell City Council based upon a specific hardship
and upon written request.
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.
DEFINITIONS
1. Canopy structure: Any overhead protective structure which is constructed in such a
manner as to allow pedestrians/vehicles to pass under.
Supplementary Regulations - Page 91
2. Fixture: The assembly that holds a lamp and may include an assembly housing, a
mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a
refractor or lens.
3. Foot candle: A unit of illumination produced on a surface, all points of which are one
foot from a uniform point source of one candle. Originally the measure of the amount of
light emitted by a candle onto one square foot of surface one foot away, foot candles are
now the standard unit of measuring light. A foot candle is equal to one lumen per square
feet.
4. Full cut off fixture: A fixture, as installed, that are designed or shielded in such a manner
that all light rays emitted by the fixture, either directly from the lamps or indirectly from
the fixture, are projected below a horizontal plane running through the lowest point on
the fixture where light is emitted.
5. Glare: Direct light emitted by a luminaire that causes reduced vision or momentary
blindness.
6. Illuminance: The level of light measured at a surface.
7. Lamp: The component of a luminaire that produces the light.
8. Light direct: Light emitted directly by a lamp, off a reflector, or through a refractor of a
luminaries.
9. Light emitting surface: Any part of a fixture (lamp, diffusor) which emits light rays.
10. Light pollution: General sky glow caused by the scattering of artificial light in the
atmosphere, much of which is caused by poorly -designed luminarie.
11. Light shield: Any attachment which interrupts and blocks the path of light emitted from a
luminaire or fixture.
12. Light trespass: Light emitted by a luminaire that shines beyond the boundaries of the
property on which the luminaire is located.
13. Lumen: A unit of measurement of luminous flux.
14. Luminaire: The complete lighting system, including the lamp and the fixture.
15. Luminaire full cutoff: A luminaire that allows no direct light emissions above a
horizontal plane through the luminaire's lowest light -emitting part.
16. Luminaire permanent outdoor: Any fixed luminaire or system of luminaries that is
outdoors and this is intended to be used for seven days or longer.
Page 92
17. Lux The international standard unit for measuring light levels (as opposed to Foot Candle
in the U. S.A). It is one lumen per square meter. (See Lumens and Foot Candle).
18. Wattage: the amount of electrical power consumed by a lamp or light fixture measured in
"watts". One watt is equal to the power dissipated by I ampere of electrical current
flowing across a resistance of 1 ohm or the power produced by 1 ampere of electrical
current under an electromotive force of 1 volt. One horsepower is equal to 746 watts.
Formulae: watts = volts x amps, P = V x I, electrical power = electromotive force x
electric current.
FIGURES AND TABLES: The attached figures and tables are incorporated as guidelines
for public information and enforcing this section.
Supplementary Regulations - Page 93
Lighting Fixture Types
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Page 94
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Supplementary Regulations - Page 95
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Page 96
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Supplementary Regulations - Page 97
27.22.110: Visibility at Intersections. Notwithstanding other provisions of this code 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.
27.22.120: Neighborhood Plans. In the event that a "Neighborhood Plan" has been
adopted as an addendum to the Kalispell Growth Policy, the provisions of the
Neighborhood Plan shall serve as a specific guide to future land use
regulations for the area subject to the Plan. The Neighborhood Plan may limit
or otherwise establish more restrictive land use regulations than set forth by
the zoning classification of this ordinance, in which case the more restrictive
provisions of the Plan shall control.
27.22.130: Sublots. Dwellings may be constructed on sublots within any zoning district
which permits multi -family dwellings, cluster housing, or townhouse
dwellings. Sublots are subject to subdivision approval and if required a
conditional use permit.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot
whose area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by
dividing the gross area of the platted 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. In no case, however, shall a
sublot have an area less than 2,000 square feet nor more than
one dwelling unit thereon.
(2). Building Limitations. The yard, height, and area requirements of the
district shall apply to the entire area of the platted lot. Common
ownership of the yards is permitted. Shared interior property
boundary(ies) is anticipated to be developed at a zero lot line.
27.22.140: Side Corner Setback. Notwithstanding any side corner setback otherwise
required under this ordinance, if the distance between the side setback and
side corner setback 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.
Page 98
27.22.150: Special Events. Special events such as car shows, boat shows, RV shows,
carnivals, concerts and similar outdoor activities may be permitted in the "B"
" I" and " Y' zones provided they do not exceed seven days in a one month
period.
27.22.160: Home Occupations. Home occupations are allowed in the R-1, R-2, R-3, R-
4 R-5, RA-1, RA-2 and RA-3 zones provided that the home occupation is
clearly incidental and secondary to the use of the property as a residence and
provided the following standards are met:
(1). Any commodity sold upon the premises must be produced on the
premises. This is not intended to preclude the occasional home parry
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. 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.
(2). 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.
(3). 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.
(4). There shall be no employees other than those residing on the premises.
(5). There shall be no pedestrian or vehicular traffic in excess of that which
is characteristic of the neighborhood in which it is located which shall
not exceed more than one at a time or eight all day.
(6). Any need for parking must be met on -site.
(7). A wall sign flush mounted to the building not to exceed six square feet
may be allowed in association with a home occupation.
Supplementary Regulations - Page 99
27.22.170 Safe Houses and Domestic Violence Shelters. 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 and domestic violence shelters. 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.
Page100
CHAPTER 27.23
SPECIAL DESIGN AND REVIEW CRITERIA
IN THE KALISPELL REDEVELOPMENT DISTRICT
Sections:
27.23.010
Findings and Objectives.
27.23.020
Architectural Review Committee.
27.23.030
Jurisdiction and Powers of the ARC.
27.23.040
Criteria and Standards.
27.23.050
Procedure.
27.23.060
Agency Approval of Projects in the Redevelopment Area.
27.23.010: 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 the
Kalispell Redevelopment Area 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 Redevelopment Area'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
Special Design and Review Criteria
Kalispell Redevelopment District - Page 101
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;
(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 of 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.
27.23.020: Architectural Review Committee.
(1). The mayor, with the approval of the council, shall appoint an
architectural review committee (ARC) of at least five persons of the
following qualifications: One individual specially qualified by reason
of education, training or experience in the financing of commercial
real property; two individuals actively engaged in business, commerce
or industry; and two individuals who shall either be architects,
landscape architects, or specially qualified by reason of 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 Redevelopment Area.
(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 nonperformance of duty. Any vacancies of
the ARC shall be appointees of the mayor with the approval of the
council.
Page102
(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.
27.23.030: 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 erection or
construction of a sign relating to such new building or major
remodeling, until the plans, drawings, sketches and other documents
required under Section 27.23.050 have been reviewed and approved by
the ARC in conformity with the criteria specified in Section 27.23.040.
For purposes of this ordinance, the term "major remodeling" shall
mean any remodeling that substantially changes the exterior
appearance of the building.
(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 27.23.010.
(3). Make recommendations on appeals and variances to the Board of
Adjustment as per Section 27.24.190 and 27.24.200.
27.23.040: 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
27.23.050. 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). 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
Special Design and Review Criteria
Kalispell Redevelopment District - Page 103
the creation of focal points with respect to avenues of
approach, terrain features or other buildings.
(b). Drive, parking and circulation: With respect to vehicular and
pedestrian circulations, including walkways, interior drives and
parking, special attention shall be given to location and number
of access points, general interior circulation, separation of
pedestrian and vehicular traffic, and arrangement of parking
areas that are safe and convenient, and insofar as practicable,
do not detract from the design of proposed buildings and
structures in the neighboring properties.
(c). Surface water drainage: Special attention shall be given to
proper surface drainage so that removal of surface waters will
not adversely affect neighboring properties or the public storm
drainage system.
(d). Utility service: Whenever feasible, electric, telephone and
other utility lines shall be underground. Any utility
installations remaining above ground shall be located so as to
have a harmonious relation to neighboring properties and the
site. The proposed method of sanitary sewage disposal from all
buildings shall be indicated.
(e). 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.
(f). 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.
(g). 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 27.23.010,
and such objectives shall serve as additional criteria and standards.
Page104
27.23.050: 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
city building official 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. The site plan shall indicate how utility service and
drainage are to be provided.
(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). A sign plan, drawn to scale, showing the location, size, design,
material, color and methods of illumination of all exterior
signs.
(2). The city building official and the Site Development Review
Committee shall review all drawings, plans and specifications
submitted for architectural and site design review. If the application
meets all other requirements of the ordinances of the city, it shall be
forwarded to the ARC. Any plans, drawings, sketches and documents
submitted for review that do not meet all the city's ordinances shall be
brought into compliance prior to consideration by the ARC.
Special Design and Review Criteria
Kalispell Redevelopment District - Page 105
(3). 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 building official
within 15 days after the ARC has rendered its decision.
27.23.060: Agency Approval of Projects in the Redevelopment Area.
(1). Approval of a proposed project by the agency shall be completed
before a building permit may be issued. In order to expedite review
procedures and issuances of building permits, the Agency will
generally only review project of "major significance". The Agency
grants the Site Development Review Committee with discretionary
powers in determining what constitutes a "major project". The
determination shall include, but is not limited to, the following
consideration.
(a). The project valuation exceeds $200,000.
(b). The structure(s) exceeds 5,000 square feet.
(c). Construction is higher than two-story.
(d). The project site is greater than 10,000 square feet of land area.
(e). The project will have significant impact on the Redevelopment
Area in terms of the tax base, tax increment, jobs created,
capital investment, leveraging of public/private funds, demand
for services, etc.
(f). Consultation with the Planning, Economic and Community
Development Department.
Upon determination by the Site Development Review
Committee that a project is of "major significance" the City
Manager or his designee shall schedule a review of the project
pursuant to Section 27.23.060(2). The project shall be
reviewed by all members of the Agency at a regularly
scheduled city council meeting.
(2) Basis for approval shall include:
(a). Review and consideration of the recommendations of the
architectural review committee and the Site Development
Review Committee.
Page106
(b). Review and consideration of the recommendations of the
Kalispell City Planning Board and Zoning Commission.
(c). A legal description of the proposed project including evidence
of present ownership and district designation of the project. All
owners or lien holders must consent to the proposed project.
(d). Consideration of public testimony. Project notification shall
include letters to all landowners within 150 feet of the
proposed project. In cases where the Agency designates a
"certain urban renewal project," the Agency shall follow all
public hearing and noticing requirements as required by urban
renewal law.
(e). Review of existing site conditions showing contours, between
two (2) foot and ten foot intervals, as applicable to the terrain,
water courses, natural features, tree cover and property lines.
(f). Review of generalized land use map showing size, location,
heights and types of all proposed uses.
(g). Review of existing and proposed vehicular circulation system
including parking areas, storage areas, service areas, loading
areas and major points of access, indicating street widths and
right-of-way.
(h). Location and arrangement of all open space, common
recreational space, private open space, pedestrian ways and
preliminary landscape treatment.
(i). Vicinity map showing the proposed development in relation to
the surrounding development and major streets and existing
and proposed utilities.
Sign Regulations - Page 107
CHAPTER 27.24
SIGN REGULATIONS
Sections:
27.24.010
Purpose
27.24.020
Scope
27.24.030
Signs Prohibited
27.24.040
Permits Required
27.24.050
Signs Not Requiring Permits
27.24.060
General Standards for all Signs
27.24.070
Sign Area Allowances
27.24.080
Regulations for Specific Categories of Signs
27.24.090
Permitted Signs in Zones R-1, R-2, R-3, and R-4
27.24.100
Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, B-1, P-1,
and PUD
27.24.101
Permitted Signs in Zone H-1
27.24.110
Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2
27.24.120
Construction Standards
27.24.130
Maintenance
27.24.140
Sign Permit
27.24.150
Non -Conforming Signs and Signs Without Permits
27.24.151
Exemption for Historic Signs
27.24.160
Violations
27.24.170
Enforcement and Remedies
27.24.180
Removal of Signs by the Administrator
27.24.190
Appeals
27.24.200
Variances
27.24.010: 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.
Page108
27.24.020: 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; 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.
27.24.030: 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 27.24.050(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 into the facade of the
building on a parapet wall or similar extension of an exterior wall.
(8). Any temporary or portable signs except as otherwise permitted in
Section 27.24.050(1).
(9). Mechanically animated and/or flashing signs. See also Section
27.24.060(1)
(10). Any temporary or portable sandwich board signs or other portable
signs located on public sidewalks or in the public right-of-way.
27.24.040: Permits Required. Unless otherwise provided by this ordinance, all signs
shall require permits and payment of fees as described in Section 27.24.140 of
Sign Regulations - Page 109
this ordinance. No permit is required for the routine maintenance of a sign.
Changing a face or other component of a sign is considered an alteration of
the sign and shall not be considered routine maintenance.
27.24.050: 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:
(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 16 square feet in other districts.
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 16 square
feet in other districts.
(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. One temporary or portable sign (such as a portable reader
board or sandwich board, etc) per lot is 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.
Page110
(f). Signs associated with neighborhood garage or yard sales or
similar function. Such signs must be removed within one week
following the sale.
(g). One decorative banner per place of business with no
commercial message.
(2). General Standards for Temporary Signs.
(a). A temporary sign shall not be placed on or extend over the
public right-of-way.
(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
27.24.080(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.
(6). Subdivision Identification Signs. One sign not to exceed 20 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 tract name and not exceeding six feet in
height.
(7). Government Signs. Any sign erected by a government agency (e.g.,
traffic signs and legal notices) and signs indicating utility locations.
Sign Regulations - Page ll l
(8). Nameplates. One per dwelling or tenant names at main entrance of
any non-residential use 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.
27.24.060: 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). An electronic message board provided it displays time and temperature
a minimum of every 30 seconds. The electronic message shall not
change in increments of less than five seconds and shall not use
flashing or blinking characters. The use of red and green lights in the
display and streaming video are prohibited.
(3). 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.
(4). Portable or movable reader boards signs are prohibited except when
used to announce a temporary event [see 27.24.050(1)(c)] or when
used in conjunction with temporary businesses and shall be placed at
least 15 feet back from the public right-of-way.
(5). A sign may include electronic and manually changeable reader boards.
No more than 25% of any sign area may incorporate an electronic
reader board, and no more than 50% of any sign area may incorporate
a manually changeable reader board. In no event shall the percentage
of sign area occupied by reader board exceed 50%. The reader board
portion shall be architecturally incorporated into the overall design of
the sign. No such sign shall be considered to be architecturally
Page 112
incorporated unless the reader board is contiguous to the remainder of
the sign face and is bounded by the same or similar framework.
(6). Signs attached to buildings shall not extend above the wall to which
they are attached unless erected to comply with 27.24.030(8).
(7). 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.
(8). No off -premise sign shall be located in any residential zoning district
except as may be associated with incidental neighborhood sales fas per
Section 27.24.050(1)(e). See also Section 27.24.030.
27.24.070: 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
27.24.150.
(1). Building Frontage Length.
(a). When building frontage is less than 200 feet, the maximum
sign area for the property shall be as follows:
1) B-2, B-3, B-4, B-5, I-1, and 1-2 zones: three square feet
for each lineal foot of building frontage length.
2) R-5, RA-1, RA-2, RA-3, B-1, and P-1 zones: two
square feet for each lineal foot of building frontage
length.
3) R-1, R-2, R-3, and R-4 zones: one square foot for each
lineal foot of building frontage length.
4) H-1 zone: See Section 27.24.101.
(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-3, B-4, B-5, I-1 and 1-2 zones, shopping centers
or lots containing multiple businesses or where common
signage
Sign Regulations - Page 113
(d). 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.
(e). 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. 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. The lot length method is not
applicable in the R-1, R-2, R-3, and R-4 zoning districts.
(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 freestanding sign are counted). Signs shall not exceed
a 30 degree angle.
(4). Businesses having approved entrances from more than two collector
streets and/or an 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.
27.24.080: 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
27.24.080(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
Page 114
each frontage, provided that the signs may not be located
within the same building setback area.
(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 lots -property line. 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-3, 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 27.24.090, 27.24.100, and 27.24.101 of this
ordinance.
TABLE 1
Distance from Street
Maximum Height
Maximum Size
Right -Of -Way Line
Above Grade
Allowed Per Face
(Feet)
(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
1 28
1 200
(e). Single -faced freestanding and ground signs shall be set back
from the street right-of-way line according to the provisions of
this section (Table 1). When any sign is placed on property that
has only one street frontage, the required setback shall be
measured from the street right-of-way line to which the sign
face is most nearly parallel. When any such sign is placed on
property located at the intersection of two dedicated public
streets, the required setback shall be measured from both street
right-of-way lines.
(f). Double-faced freestanding and ground signs shall be set back
from the street right-of-way line according to the provisions of
this Section (Table 1). Any such setback shall be measured
from the street right-of-way line at the street to which the sign
faces are most nearly perpendicular.
(g). Signs within 50 feet (measured along the street right-of-way)
of an intersection, which exceed 42 inches in height, shall be
Sign Regulations - Page 115
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
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.
(h). When electrical service is provided to freestanding signs or
ground signs, all such electrical service shall be underground.
(2). Wall Signs.
(a). No part of a wall sign shall extend above the top of the parapet
wall upon which it is placed unless architecturally incorporated
into the facade of the building.
(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 27.24.070, 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 12 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 12 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.
Page 116
(b). A 25% increase in the total sign area allowance as set forth in
Section 27.24.080(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 27.24.070(1)(c) and
27.24.080(1). Freestanding signs shall not be permitted to any
single business or tenant.
(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 not extend to
within two feet of 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
Sign Regulations - Page 117
valance attached to a canopy may be only seven feet in height
above a public right-of-way.
(7)_ Billboards.
(a). No billboard shall exceed 288 square feet per sign face.
(b). No billboard structure shall exceed a maximum height of 28
feet.
(c). 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.
(d). 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.
(e). No billboard shall be constructed along a road, which is not a
federal or state highway.
(f). 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, except that property
occupied by billboard(s), which is annexed to the city, after the
March 19, 1992, shall be subject to the provisions of Section
27.24.150, and billboard(s) located thereon may remain, but
shall not, thereafter, be relocated.
(g). Any billboard, except those subject to annexation as specified
in (f), supra, located within any zoning district in which
billboards are prohibited shall be relocated at the billboard
Page118
owner's expense to a zoning district which permits billboards
by March 19, 1997; provided that billboards located within
1500 feet of the intersection of Main and Idaho streets shall be
relocated by March 19, 1994.
(h). Whenever a parcel of land containing any billboard is rezoned,
or annexed and zoned, to one of the prohibited zoning
classifications, the billboard or billboards shall be removed
within five years of the rezoning or, in the case of annexation,
within five 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
27.24.110, in accordance with subsection (f), supra.
27.24.090: Permitted Signs in Zones R-1, R-2, R-3, and R-4.
(1). Signs listed in Section 27.24.050, Signs not requiring permits.
(2). One non -illuminated freestanding or wall sign, in connection with a
permitted or conditionally permitted non-residential use. The sign
area for signs described in Section 27.24.050(3) are allowed pursuant
to the standards contained in that section.
(3). The height of a freestanding sign shall be limited to six feet above the
natural grade elevation and the size shall be limited to ten square feet
per face.
(4). One non -illuminated wall sign flush mounted to the building not to
exceed six square feet in connection with a home occupation.
27.24.100: Permitted Signs in Zones R-5, RA-1, RA-2, RA-3, B-1, and P-1.
(1). Signs listed in Section 27.24.050, Signs not requiring permits.
(2). One freestanding or ground 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, except that there shall be
no more than one non -illuminated wall sign flush mounted to the
building not to exceed six square feet in connection with a home
occupation.
Sign Regulations - Page 119
27.24.101 Permitted Signs in Zone H-1
(1). Signs listed in Section 27.24.050 - Signs not requiring permits.
(2). Non-residential uses, other than hospitals, are permitted one
freestanding or ground 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.
(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
27.24.080(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 flush mounted to the building not to
exceed six square feet in connection with a home occupation.
27.24.110: Permitted Signs in Zones B-2, B-3, B-4, B-5, I-1, and I-2.
(1). Signs listed in Section 27.24.050, Signs not requiring permits.
(2). Freestanding and ground signs.
(3). Wall signs.
(4). Projecting signs, except on Main Street in the Redevelopment Area
unless the sign is (a) an under -marquee or under -canopy sign; (b) less
than four square feet per face; and (c) otherwise meets the standards
for projecting signs.
Page120
(5). Freestanding multiple business sign.
(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 in zoning classifications B-4 and B-5 and not within
1500 feet of the intersection of Main and Idaho streets.
27.24.120: Construction Standards.
(1). All signs shall be constructed in accordance with any applicable
requirements of the City building codes and the State electrical code
including portable electric signs.
(2). No permanent or fixed sign shall be suspended by non -rigid
attachments that will allow the sign to swing in the wind other than
under -canopy signs.
(3). All freestanding signs and billboards shall be self-supporting
structures erected upon or permanently attached to concrete
foundations. Billboards shall be erected using single -pole construction.
(4). All portable signs on display shall be braced or secured to prevent
motion.
(5). Permanent signs shall be designed to withstand a wind speed of 70
miles per hour.
(6). 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.
(7). No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation.
(8). 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.
27.24.130: 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
Sign Regulations - Page 121
thereof that are not galvanized or of rust -resistant metals. Failure to properly
maintain a sign shall be considered a violation of this ordinance.
27.24.140: 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
27.24.050.
(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.
(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 application fee established by the city council.
(2). Architectural Review. Signs to be located in the Kalispell
Redevelopment Area are also subject to the architectural review
requirements as set forth in Chapter 27.23.
(3). Issuance and Denial. The Administrator shall issue a permit and
permit sticker for the erection, alteration, or relocation of a sign within
ten working days of receipt of a valid application, provided that the
sign complies with the laws of all applicable jurisdictions. In all
Page122
applications, where a matter of interpretation arises, the more specific
definition or higher standard shall prevail.
When the administrator denies a permit, written notice shall be given
within ten days to the applicant along with a brief statement of the
reasons for denial. The Administrator may suspend or revoke an issued
permit for any false statement or substantive misrepresentation of fact
in the application.
(4). Inspection. The Administrator shall cause an inspection of the zone
lot for which each permit for a new sign or for modification of an
existing sign 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 at the time of inspection, the
permit shall lapse and become void. If the construction is complete
and in full compliance with this ordinance and with the building and
electrical codes, the Administrator shall issue the appropriate permit(s)
to be held by the owner of the sign and be held as a permanent record
of compliance with this code. If the construction is substantially
complete but not in full compliance with this ordinance and applicable
codes, the Administrator shall give the owner or applicant notice of the
deficiencies and shall allow an additional 30 days from the date of
inspection for the deficiencies to be corrected. If the deficiencies are
not corrected by such date, the permit shall lapse. If the construction is
then complete, the Administrator shall issue the permits as described
above.
27.24.150: 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:
(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,
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
Sign Regulations - Page 123
modification), by owner, manager or operator of shall be brought
into compliance immediately upon replacement.
(4). Signs requiring structural modifications to accommodate a change of
copy shall be brought into compliance upon replacement.
(5). Discontinued freestanding signs shall be brought into compliance
immediately unless part of a multi -panel sign, subject to Section
27.24.150(8).
(6). Signs which were unlawfully erected shall be brought into compliance
immediately.
(7). Signs that are replaced, relocated, reconstructed or requiring
structural modification shall be brought into compliance
immediately.
(8). 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.
(9). 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.
27.24.151 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.
(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.
27.24.160: 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 the zoning ordinance, and by state law:
Page124
(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.
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.
27.24.170: 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. A violation of this Chapter
shall be considered a violation of the zoning ordinance of the city. 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 - Page 125
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.
27.24.180: Removal of Signs by the Administrator. The 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 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.
27.24.190 Appeals. Appeals to the Board of Adjustment may be made when a
completed application is not acted upon within ten days of receipt by the
administrator or if the applicant is denied a permit. Appeals to the board may
also be made pertaining to a notice of violation. The appeal procedure is set
forth in Chapter 27.32. All appeals to the Board of Adjustment shall also
include a recommendation by the Architectural Review Committee.
The action being appealed shall be held in abeyance pending the decision of
the board.
27.24.200: Variances. A variance to the regulations of this chapter may be sought for
those situations where the application of these regulations would create a
unique hardship due to the special circumstances of a particular property. The
variance procedure as set forth in Chapter 27.33 shall not be used to
circumvent these regulations or be used to gain special treatment. "Unique
Hardship" shall not be broadly interpreted or apply to general situations of
Page126
economic hardship. All variance requests to the Board of Adjustment shall
also include a recommendation from the Architectural Review Committee.
Nonconforming Lots, Uses and Structures - Page 127
CHAPTER 27.25
NONCONFORMING LOTS, USES AND STRUCTURES
Sections:
27.25.010 Intent
27.25.020 Nonconforming Uses of Land
27.25.030 Nonconforming Uses of Structures
27.25.040 Nonconforming Accessory Uses and Structures
27.25.045 Changes to Nonconforming Residential Structures
27.25.046 Changes to Historically Significant Residential Structures
27.25.050 Repairs and Maintenance
27.25.060 Reconstruction
27.25.010: Intent. It is the intent of this chapter to permit non -conformities 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.
Non -conforming 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.
27.25.020: Nonconforming Uses of Land. Where at the time of passage of this code
lawful use of land exists which would not be permitted by the regulations
imposed by this title, the use may be continued so long as it remains otherwise
lawful, provided:
(1). No such nonconforming structure may be altered or enlarged in any
way which increases its nonconformity, except as provided in Section
27.25.030(5), but any structure or portion thereof may be altered to
decrease its nonconformity.
(2). 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.
Page128
(3). Should a nonconforming use of land be discontinued for a period of
180 days, further use of the property shall conform to this ordinance.
27.25.030: Nonconforming Uses of Structures. If lawful use of a structure, or of
structures and premises, exist at the effective date of adoption or amendment
of this code that would not be allowed in the district under the terms of this
title, the lawful use may be continued so long as it remains otherwise lawful,
providing that:
(1). No existing structure devoted to a nonconforming use shall be
enlarged, extended, constructed, or structurally altered, unless the use
is changed to a permitted use, or the enlargement, extension,
construction or structural alteration is accomplished according to the
provisions of Section 27.25.030(6).
(2). Any nonconforming use may be extended to any other part of a
building designed for such use, but no such use may be extended in
any way to occupy land outside the building except as provided in
Section 27.25.030(6).
(3). 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.
(4). Whenever a nonconforming use of a structure or a premises ceases for
180 days, the structure or premises shall not thereafter be used except
in conformance with the regulations of the district in which it is
located. The term "ceases" as used in this subsection shall mean that
the activity in question has not been in operation for a period of 180
days.
(5). Where nonconforming use status applies to both structure and land, the
removal or destruction of the structure shall eliminate the
nonconforming status of the land.
(6). A structure devoted to a nonconforming use may be enlarged,
extended, constructed or structurally altered, and a use of land devoted
to a nonconforming use may be enlarged or extended, if a
nonconforming use permit is obtained.
a. Any changes(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: The gross square footage of land
Nonconforming Lots, Uses and Structures - Page 129
occupied by the use, the gross square footage of the footprint
of the structure(s) and the gross square footage of the floor area
of the structure(s).
b. Whenever the expansion of a nonconforming use involves an
increase of 25% or less of the area devoted to the
nonconforming use, a nonconforming use expansion permit
shall be issued as an administrative conditional use permit as
per Section 27.34.040(2).
C. A nonconforming use expansion permit for any expansion
involving more than 25%, but less than or equal to 50%, shall
be obtained by following the procedures for a conditional use
permit set for in Section 27.34.010, et seq. In which case, the
city council shall review the application under the provisions
of Section 27.34.080 through 27.24.200.
27.25.040: 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 27.24.150 of this ordinance.
27.25.045: Changes to Nonconforming Residential Structures. A residential structure
conforming with respect to use but nonconforming with respect to height,
setback or lot coverage may be enlarged or altered provided that the
enlargement or alteration does not further deviate from these regulations.
Further, the repair or replacement of bearing walls is permitted on any
nonconforming residential structure.
27.25.046: Changes to Historically Significant Residential Structures. Modifications
to existing historically significant residential structures that might 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 the purpose of the
modification is to regain the historical integrity of the building. Any
modifications, alterations, additions or other changes to a historically
significant residence will be subject to review and approval by the
Architectural Review Committee and subject to all applicable building and
fire codes.
27.25.050: Repairs and Maintenance. On any nonconforming structure or portion of the
structure containing a nonconforming use, work may be done on ordinary
repairs and fixtures, wiring, plumbing, or repair or replacement of non -bearing
walls, to an extent not exceeding 10% of the replacement value of the building
in any one year, provided that such work does not increase the cubic content
Page 130
of the building. 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.
27.25.060: Reconstruction. 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 reconstruction is commenced
within 180 days of the date of destruction. 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. Any reconstruction must be completed
without unreasonable delay. 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.
Off Street Parking Design Standards -Page 131
CHAPTER 27.26
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.26.010 Intent
27.26.020 Permit
27.26.030 Design
27.26.040 Special Provisions
27.26.050 Minimum Standards By Use
27.26.010: Intent. The intent of this section is to reduce traffic congestion and the need
for parking on public streets and hazards caused thereby, and to provide off-
street parking adequate for each type of development in terms of quantity,
location and design.
27.26.020: Required Parking for New Construction, Expansions, and Change of Use.
No building permit shall be issued within the city limits for the construction
or enlargement of any building or structure nor shall said permits be issued for
the change of use of any building or structure unless the requirements
established by this ordinance regarding off-street parking areas are satisfied.
Whenever any building is enlarged, off-street parking shall be provided for
said addition. Parking spaces shall be reviewed whenever a change of use
increases the amount of required parking, except for properties within the
boundaries of the Special Parking Maintenance District No. 2. The
requirement for additional spaces shall equate to the difference between the
number of parking spaces required for the existing use and the proposed use.
27.26.030: Design.
(1). Size. A parking space is typically nine (9) feet wide and twenty (20)
feet deep (See Appendix A for minimum parking lot requirements). In
cases where stacking spaces are required or otherwise provided, each
stacking space shall be a minimum of nine (9) feet wide and twenty
(20) feet deep.
(2). Location. Off-street parking facilities shall be located as herein -after
specified. When a distance is specified, such distance shall be in
walking distance measured from the nearest point of the parking
facility to the nearest point of the building that such facility is required
to serve. Parking and maneuvering area(s) shall be located entirely
outside of a public and/or private right-of-way, except single family
residential and duplexes, which may utilize driveways provided that
the parking for separate units within a duplex does not conflict. For
Page 132
any use other than single family residential and duplexes, parking
spaces which back into an alley shall be set back ten (10) feet from the
alley right-of-way line.
(a). For single family, duplex, and multifamily residential
dwellings: Off-street parking is required on the same lot with
the building it is required to serve;
(b). For all other uses not herein specified: Off-street parking is
required within 300 feet from the zoning lot it is required to
serve and must be located within the same zoning classification
as the use intended to be served. See Section 27.26.040(4)(a)
regarding requirements for off -site parking;
(c). Required parking spaces shall not be located in any required
front, side corner, or side yard, except one required off-street
parking space for each single family residential use, or one
space for each unit within a duplex, may fall into the front yard
or side corner yard setback. In addition, multi -family dwelling
units not served by an alley may place one off-street parking
space per dwelling unit in the required front yard setback area.
No parking space in the front or side corner yard shall extend
to within five feet of the property line (except that parking
spaces associated with single family residences or duplexes in
side corner setbacks on lots fifty (50) feet wide or less may be
setback three (3) feet).
(d). Required parking may be allowed to locate within the front and
side yard setbacks in the following sections:
1). In R-5, RA-2, and RA-3 zones:
i). (a). Vehicles will be allowed to park within ten
feet of the front lot line and five feet of the side
corner lot line.
(b). Any parking space located within a
required front or side corner building setback
area shall have a landscape buffer between the
parking space and the lot line.
ii). 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
Off Street Parking Design Standards -Page 133
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, RA-2, or RA-3 zones, the side yard abutting
the residential zone may not be used for
parking.)
2). In B-1, B-2, B-3, B-4, B-5, H-1, I-1, 1-2, and P-1
zones:
i). (a). Vehicles will be allowed to park within five
feet of the front and side corner lot line.
(b). Any parking space located within a
required front or side corner building setback
area shall have a landscape buffer between the
parking space and the lot line. In every case, a
minimum five foot landscape buffer is required
regardless of the building setback.
ii). Vehicles will be allowed to park in the side yard
setback as long as a sight obscuring fence or
landscaping is constructed along the side lot line
obscuring the presence of the parked vehicles to
the extent fencing is otherwise permitted under
this ordinance. This requirement may be
waived where property abuts an existing
parking lot. (Note: When a designated parking
lot abuts a residentially zoned property other
than the R-5, RA-2, or RA-3 zones, the side
yard abutting the residential zone may not be
used for parking.)
(e). Location of parking spaces within a lot are subject to Clear
Vision Triangle requirements as specified in Chapter 27.--.--.*
*Reserved for future amendments to the Kalispell City
Zoning Ordinance.
(3). Plans. A plan of the proposed off-street parking facility shall be
submitted along with the application for the building permit for the use
the off-street parking is required to serve. Said plan shall clearly
indicate curb cuts, lighting, landscaping, construction details, fencing,
striping, surfacing materials, pedestrian circulation, snow storage areas
and other features which may be required by the Zoning Administrator
or the Site Development Review Committee.
Page 134
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.
(4). Construction. All off-street parking spaces and associated access areas
shall be improved with asphalt or concrete or a comparable permanent
hard surface.
(5). Drainage. All off-street parking areas shall be designed and constructed
to allow proper drainage in accordance with and subject to Public Works
procedures and standards.
(6). Landscaping and Screening. All parking areas and vehicle sales areas
(excluding single family residences and duplexes) shall meet the following
conditions. See also: required landscape buffer requirements listed in
Section 27.26.030(2)(d).
(a). A minimum of 5% of the total interior parking lot area
(excluding any landscape buffer) shall be landscaped for any
parking or vehicle sales area with ten (10) or more spaces.
(b). The perimeter landscape buffer along a street shall consist of
planting materials or planting materials and man-made features
to create, at a minimum, a three foot high visual relief screen in
the form of a hedge, fence, planter box, berm, dividers,
shrubbery or trees, or a combination of the above. All
landscaping to form such visual relief shall create a two foot
tall minimum screen at planting. Perimeter landscaping
adjoining a landscaped boulevard shall be designed in
cooperation with the city parks director. Any landscaping is
subject to clear vision triangle standards.
(c). A performance bond 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.
Off Street Parking Design Standards -Page 135
(7). Lighting. Any lights provided to illuminate any public or private
parking area or vehicle sales area shall be designed in accordance with
the Outdoor Lighting Ordinance contained in Section 27.22.104 of
these regulations.
27.26.040: Special Provisions.
(1). Nonconforming Uses. Nothing in this ordinance shall be deemed to
prevent the voluntary establishment of off-street parking facilities to
serve any existing use of land or buildings even though
nonconforming; provided, that all regulations herein governing the
location, design, and operation of such facilities are adhered to.
(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). Uses Not Specified. In the case of a use not specifically mentioned
below, the requirements for off-street parking facilities shall be
determined by the Zoning Administrator. Such determination shall be
based upon the requirements for the most similar use listed.
(4). 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.
(b). Joint Use.
Page 136
(0. 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:
(0. 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.
(5) Access Standards. Access to businesses, service stations, roadside
stands, public parking lots and all other businesses requiring motor
vehicle access shall meet the requirements as hereinafter provided or as
prescribed by the State of Montana pursuant to the Approach Standards
for Montana Highways (whichever requirements are greater).
(a). Clear vision triangles shall be observed regarding all
landscaping and structures. See Chapter 27.--.--.*
Off Street Parking Design Standards -Page 137
*Reserved for future amendments to the Kalispell City
Zoning Ordinance.
(b). Access onto public rights -of -way shall be controlled and be
limited to no more than two approaches per 100 feet.
(c). Parking areas and driveways serving four or more dwelling
units and all other uses shall be arranged to permit vehicular
traffic to move into and out of parking areas, driveways, and
ramps without the backing of any vehicle onto a street or
highway.
(d). Parking areas, driveways, maneuvering aisles, ramps, and turn-
around areas shall be kept free and clear of obstructions at all
times.
(e). In all cases where there is an existing curb and gutter or
sidewalk on the street, the applicant for a permit shall provide a
safety island (boulevard) along the entire frontage of the
property, except in the area of the permitted driveways. The
boulevard shall be bounded by concrete curb, the height,
location and structural specifications of which shall be
approved by the Site Development review Committee.
(f). Where there is no existing curb and gutter or sidewalk, the
applicant shall install such curb, gutter and sidewalk and,
except for the driveways, shall install a landscaped boulevard
along the entire length of the property line if required by the
Site Development Review Committee.
(g). No two driveway/access roadways shall be closer to each other
than 12 feet on the same parcel, and no roadway shall be closer
to a side property line than two feet.
(6) Clear Vision Triangles. See Chapter 27.--.--.*
*Reserved for future amendments to the Kalispell City Zoning
Ordinance.
(7). Handicapped Parking Spaces. The required number of handicapped
parking spaces with the required dimensions shall be provided
pursuant to federal law.
(8). Downtown Parking - Special Parking Maintenance District No. 2.
Property Located within Special Parking Maintenance District No. 2
South of Center Street shall provide one parking space for every (400)
square feet of gross floor area, and North of Center Street shall provide
Page 138
one parking space for every two hundred -fifty (250) square feet of gross
floor area but in no case shall more parking be required than is otherwise
provided for under this article. A cash -in -lieu payment may be paid as an
alternative to providing required parking spaces on -site. The money shall
be paid into a fund established by the City Council and in an amount as
may be set by the City Council from time to time by resolution.
(9). Reductions. The number of required parking spaces may be reduced by
one parking space for every five bicycle racks (i.e. bicycle rack space for
five bicycles) provided on the lot, up to a total five (5) percent reduction.
(10). Administrative Adjustments. See Chapter 27.--.--.*
*Reserved for future amendments to the Kalispell City Zoning
Ordinance.
27.26.050: Minimum Standards By Use. Required parking spaces shall be in conformance
with this section and where alternative standards prevail, the greater applies in
conflicting computations; where the total quota results in a fraction, the number of
required spaces shall be rounded to the nearest whole number (greater than zero).
Parking spaces within a structure, such as carports, garages, and parking garages,
shall apply toward the total parking space requirement. Where a calculation is
based on gross floor area of a structure, a basement or crawl space shall be
included in gross floor area if (a) the area has a clearance of seven (7) feet or more;
(b) there is at least one (1) code compliant access; and (c) there is a hard floor
surface such as steel, wood, or concrete.
(1). Athletic Clubs: 1 space per 200 gross square feet of floor area.
(2). Auditoriums, Convention Facilities and Assembly Halls: 1 space per 4
fixed seats or 1 space per 40 square feet of gross floor area used for
assembly purposes, whichever is greater.
(3). Banks: 1 space per 300 square feet of gross floor area plus 4 spaces off-
street waiting (loading) spaces per drive-in lane (2 stacking spaces per
drive -up ATM).
(4). Beauty and Barber Shops: 2 spaces per operator.
(5). Bowling Alleys: 4 spaces per alley.
(6). Business and Professional Offices: 1 space per 300 square feet gross
floor area.
(7). Cemetery: 1 space per employee.
Off Street Parking Design Standards -Page 139
(8). Churches: 1 per 5 seats or 90 lineal inches of pew or 40 square feet of
gross floor area in the largest assembly area.
(9). Commercial or Trade School: 1 space per 3 students, plus 1 space per
employee (including faculty) at capacity class attendance period.
(10). Community and Recreation Center: 1 space per 250 square feet of
gross floor area or 1 space per 4 patrons to the maximum capacity, plus 1
space per employee on the largest shift.
(11). Convenience Grocery: 1 space per 300 square feet of gross floor area,
plus 1 space per gas pump located at the pump.
(12). Day Care Home, Day Care Center, Group Day Care Home or
Nursery School: 1 space for teacher/employee plus 1 loading space per
six students with a maximum of 2 loading spaces to be provided on the
street adjacent to the property where the facilities are located.
(13). Furniture, Appliance, Hardware Stores: 1 per 600 square feet gross
floor area.
(14). Golf Courses: 3 spaces per hole of main course, plus 1 space per tee for
the driving range.
(15). Grocery and Supermarkets: 1 space per 300 square feet of gross floor
area.
(16). Hospitals: 1 per 2 beds, excluding bassinets, plus 1 per 5 employees on
maximum working shift, plus 1 per each staff doctor.
(17). Hotels, Motels: 1 per sleeping room plus 1 per each 2 employees, plus
50% of the parking required for accessory restaurants, bars, and
convention facilities.
(18). Libraries, Museums and Art Galleries: 1 per each 500 square feet
gross floor area.
(19). Manufacturing Uses, Research Testing and Processing, Assembling all
Industries, Wholesale Business (no outlet sales): 1 per 1000 square feet
gross floor area.
(20). Mortuaries: 1 per 5 seats or 90 lineal inches of pew or 40 square feet of
gross floor area used for assembly purposes.
(21). Nursery and Landscaping Supply Uses: 1 space per 300 square feet of
gross floor area of inside sales or display.
Page140
(22). Other Retail --If less than 5,000 square feet floor area: 1 per 300
square feet gross floor area.
(23). Recreation Areas (Commercial): Less than 75,000 square feet of gross
area — none required; more than 75,000 square feet or containing a
structure with 800 square feet or more of gross floor area — 1 space per
10,000 square feet of gross area or 1 space per 1,000 square feet of gross
floor area in the structure, whichever is greater.
(24). Private Clubs and Lodges: 1 space per 100 gross square feet.
(25). Recreational Vehicle Park: 1.5 spaces per each recreational vehicle site,
plus 1 space per employee on the largest shift.
(26). Repair Services: 1 space per 300 square feet of gross floor area.
(27). Residential:
Single Family Residence, Accessory Single Family, and Duplex: 2
spaces per unit.
Multi -family: 1 space per efficiency unit and 2 spaces per units with one
or more bedrooms.
Bed and Breakfast: Minimum of 2 spaces (more may be required under
the conditional use permit process).
Rooming Houses and Dormitories: Minimum of 1 space per sleeping
room (more may be required under the conditional use permit process).
Shelters, Public and Private: 1 space per 5 occupants.
Convalescent or Nursing Homes for Aged, Disabled or Handicapped
1 space per 8 beds plus 1 space per employee/maximum shift.
Elderly Housing (projects qualifying under federal regulations) and
Assisted Living Complexes: 1 space per 2 dwelling units.
(28). Restaurants and Bars: If less than 4,000 square feet floor area: 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).
Off Street Parking Design Standards - Page 141
(29). Schools, Elementary and Junior High: 1 per each employee plus 1
space per 2 classrooms plus either (a) 1 space per 4 fixed seats or (b) 1
space per 40 square feet of gross floor area in the largest assembly area,
whichever is greater.
(30). Schools, High and Colleges: 1 space per 5 students plus 1 per each
employee plus either (a) 1 space per 4 fixed seats or (b) 1 space per 40
square feet of gross floor area in the largest assembly area, whichever is
greater.
(31). Shopping Center: 1 spaces per 250 square feet of gross floor area.
(32). Skating Rink, Ice or Roller: 1 space per 300 square feet of gross floor
area.
(33). Stadiums, Sport Areas and Similar Open Assemblies: 1 per 8 seats
plus 1 each per 100 square feet of assembly space.
(34). Swimming Facility: 1 space per 75 square feet of gross water area, plus 1
space per employee on the largest shift.
(35). Theaters: 1 per 4 seats.
(36). Vehicle Repair and Maintenance Services: 2 spaces per bay in addition
to the bay.
(37). Vehicle Sales and Service: 1 space per 1,500 square feet of gross floor
area plus parking required for repair and maintenance services.
(38). Veterinary Clinic, Pound, Shelter, Commercial Kennel: 1 space per
400 square feet of gross floor space.
(39). Warehouse and Storage: 1 space per 2000 square feet of gross floor area
for warehouses; 2 per manager's office for storage unit.
Page142
CHAPTER 27.27
OFF-STREET LOADING DESIGN STANDARDS
Sections:
27.27.010 Intent
27.27.020 Standards
27.27.030 Berths Required
27.27.010: Intent. The intent of this chapter is to reduce traffic hazards and congestion
by providing off-street loading berths on the same lot as the building to be
served by deliveries of goods without adverse effects on adjacent properties.
27.27.020: Standards.
(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.
27.27.030: Berths Required. Off-street loading berths shall be provided in accordance
with the following schedule. If more than one use is combined in one
building, the fractional requirements for each use shall be added together. In
situations where loading berths are shared, the number of berths can be
reduced as determined by the Zoning Administrator. Where uses are not
specifically mentioned, the number of berths shall be determined by the
zoning administrator using as a guide the most similar use listed below.
Downtown Buildings in the Central Business District (B-4) without off-street
loading berths may be changed from one permitted use to another permitted
use without compliance of this section.
Off Street Loading Design Standards - Page 143
USE
Schools, Auditoriums,
Meeting Halls
GROSS FLOOR AREA
SQUARE FEET
Over 20,000-50,000
50,000-300,000
Each Additional 300,000
Restaurants Over 10,000
Hotel, Retail, Grocery, 25,000-100,000
Shopping Center or Office Each Additional 100,000
Building
Industrial Plant, 10,000-40,000
Manufacturing, or Wholesale 40,000-65,000
Establishment 65,000-100,000
Each Additional 50,000
NUMBER M BER OF BERTHS
REQUIRED
1
2
1
1
2
3
1
Page144
CHAPTER 27.28
ZONING ADMINISTRATOR
Sections:
27.28.010 Creation
27.28.020 Powers and Duties
27.28.030 Limitations of Power
27.28.010: 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.
27.28.020: Powers and Duties. The zoning administrator, his assistant or designee will:
(1). Enforce any and all of the provisions of these regulations.
(2). Keep complete, accurate and secure records.
(3). Accept applications and appeals and insure 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
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 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 non-compliance or violation of
these regulations, report findings to the city council, and file a
complaint where such allegations are based in apparent fact.
Zoning Administrator -Page 145
(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.
(13). Determine the location of any district boundary shown on the zoning
snap adopted as part of these regulations when such location is in
doubt as provided for in 27.02.040 of these regulations.
(14). Refer to the Board of Adjustment of any appeal of the determination of
the zoning administrator as relative to Section 27.02.050.
(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.
27.28.030: 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.
Page146
CHAPTER 27.29
ZONING COMMISSION
Sections:
27.29.010 Creation
27.29.020 Membership
27.29.030 Powers and Duties
27.29.010: 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).
27.29.020: Membership. The membership of the "zoning commission" shall consist of
nine members, having terms and qualifications as set forth by 76-1-201-204,
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.
27.29.030: 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 & Changes - Page 147
CHAPTER 27.30
AMENDMENTS AND CHANGES
Sections:
27.30.010
Initiation and Amendment
27.30.020
Investigation of Amendment
27.30.030
Hearing for Amendment
27.30.010: Initiation and Amendment. 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 the zoning commission.
A property owner affected by these regulations may also seek an amendment
or change to these regulations via petition and application to the City planning
office.
27.30.020: 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.
Page148
(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.
27.30.030: 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. 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. 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. Names and addresses of
adjoining property owners will be provided to the city planning office _by the
applicant and will be certified by the County Clerk and Recorder's Office or
an authorized title company. After such hearing or hearings, the zoning
commission will make reports and recommendations on said petition or
initiation to the city council.
The zoning commission shall forward to the city council its recommendation
on the proposed amendment to either the text or the Zoning District Map.
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. In case,
however, of protest signed against such changes, signed by the owners of 25%
or more either of the area of the lots included in such proposed change or of
those lots immediately adjacent on either side thereof within the block or of
those directly opposite thereof extending 150 feet from the street frontage of
such opposite lots, such amendments shall not become effective except by the
favorable vote of two-thirds of present members of the city council.
Board of Adjustment - Page 149
CHAPTER 27.31
BOARD OF ADJUSTMENT
Sections:
27.31.010 Creation
27.31.020 Membership
27.31.030 Powers and Duties
27.31.040 Limitations of Power
27.31.050 Secretary and Records
27.31.060 General Application Process
27.31.070 Meeting Procedures
27.31.010: Creation. There is hereby created the "Board of Adjustment" for the City of
Kalispell in accordance to 76-2-321, MCA.
27.31.020: 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.
27.31.030: Powers and Duties. The Board of Adjustment shall have authority to:
(1). To 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). To 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.
27.31.040: 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.
27.31.050: Secretary and Records. The city manager shall assign a secretary to the
board. The secretary shall maintain and be custodian of all records of the
minutes of the board and findings and decisions of the board. All records shall
be open to the public during regular business hours.
Page150
27.31.060: General Application Process. All appeals from interpretations and
applications for variances shall be in writing on forms prescribed by the
zoning administrator and shall be accompanied by the appropriate fee as may,
from time to time, be established by the city council. Upon an appeal or
application for variance, the zoning administrator shall prepare and furnish the
applicant and the board a written report of his action, the facts of the case as
he finds them to be and his recommendation for the board's consideration.
27.31.070: Meeting Procedures. 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. All regular board meetings shall be
open to the public. 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. The presence of four members shall be
necessary to constitute a quorum and four affirmative votes shall be necessary
for granting a variance. No proxy vote is permissible.
Appeals - Page 151
CHAPTER 27.32
APPEALS
Sections:
27.32.010 Basis of Appeal
27.32.020 Application and Procedure
27.32.030 Appeals from the Board of Adjustment
27.32.010: 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 that
(2). The erroneous interpretation specifically aggrieves the appellant.
27.32.020: 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.
(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
Page152
a public right-of-way, the 150 foot measurement shall be in addition to
this right-of-way along the abutting side.)
(6). The zoning administrator shall transmit any appeal with all supporting
materials to the Board of Adjustment within seven 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.
27.32.030: Appeals from the Board of Adjustment. 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 decision of the Board of Adjustment.
Variances -Page 153
CHAPTER 27.33
VARIANCES
Sections:
27.33.010 Application
27.33.020 Processing of Application
27.33.030 Appeal from Board of Adjustment
27.33.010: 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.
27.33.020: Processing of Application.
(1). Following receipt of a completed application, the zoning administrator
shall transmit within five days from the date of receipt of the
completed application to the Board of Adjustment, together with all
supportive materials thereto attached and set a hearing date, and
publish notice as provided for in these regulations and notify all
parties of interest. Notice of the hearing shall be placed in a newspaper
Page154
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.)
(3). The zoning administrator shall prepare a staff report and forward a
recommendation together with the application materials to the Board
of Adjustment within seven 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 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;
Variances -Page 155
(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;
(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.
(11). The Board of Adjustment shall act upon any application for a variance
within 60 days of the date of filing with acceptance by the zoning
administrator. Failure of the board to act within this time frame shall
constitute approval of the application.
27.33.030: Appeal from Board of Adjustment.
Page156
(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.
(3).
Conditional Use Permits - Page 157
CHAPTER 27.34
CONDITIONAL USE PERMITS
Sections:
27.34.010 General Provisions
27.34.020 Application
27.34.030 Processing of Application
27.34.040 Issuance of Conditional Use Permit
27.34.050 Revocation of Permit
27.34.060 Termination and Transferability
27.34.070 Denial of Application
27.34.080 Review Criteria
27.34.090 Burden on Applicant
27.34.100 Decision Based on Findings
24.34.010 General Provisions.
(1). No structure, building or land shall be used, constructed, altered, or
expanded where a Conditional Use Permit is specifically required by
the terms of these regulations until a Conditional Use Permit for such
use has been authorized by the city council and issued by the zoning
administrator.
(2). Any use which was lawfully established prior to the adoption,
extension or application of these regulations and the use is now
permitted by these regulations subject to a Conditional Use Permit,
may continue in the same manner and to the same extent as conducted
prior to said adoption or extension of these regulations without
securing a Conditional Use Permit provided that before the structure or
building in which said use is conducted may be altered, added to,
enlarged, expanded, or moved from one location to another on the lot,
or before said use may be expanded within the building or extended
over the lot on which said use is located, a Conditional Use Permit
shall be secured from the zoning administrator.
(3). Structures or buildings devoted to any use which is permitted under
the terms of these regulations, subject to the securing of a Conditional
Use Permit, may be altered, added to, enlarged, expanded or moved
from one location to another on the lot only after securing a new
Conditional Use Permit.
27.34.020: Application.
Page158
(1). Application for a Conditional Use Permit may be made by the owner
of the affected property, or by his designated agent, on a form
obtainable from the zoning administrator.
(2). The completed application and associated fee shall be submitted to the
zoning administrator or his/her designee. Said fee is not refundable.
27.34.030: Processing of Application.
(1). The zoning administrator or his authorized agent shall not formally
accept the application until the application is complete. Upon
acceptance of the application, the application shall be circulated to city
departments for the evaluation and comments.
(2). The zoning administrator or his authorized agent shall set a public
hearing date and publish a notice advertising the public hearing before
the zoning commission at least once in a newspaper of general
circulation in the community at least 15 calendar days prior to the
meeting of the zoning commission at which the application is to be
considered.
(3). The zoning administrator or his authorized agent shall also 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 formal
review by the zoning commission. (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.)
(4). Written comment from adjacent property owners shall be specific
when maintaining that the granting of the Conditional Use Permit
would adversely or injuriously affect their personal and legal interests.
(5). The zoning administrator or his authorized agent shall be responsible
for preparing a "staff' report which establishes the basis for
recommendation on the requested conditional use.
(6). The zoning commission shall be responsible for holding the public
hearing and making a recommendation to the city council as to
whether the request for a conditional use should be denied, approved,
or conditionally approved.
(7). Should a decision not be rendered by the city council within 90 days
after acceptance of the completed application by the zoning
administrator and the payment of the appropriate fee, the application
Conditional Use Permits - Page 159
27.34.040:
shall be deemed approved unless said time limit has been extended by
an agreement between the zoning administrator and the applicant.
1. Issuance of A Conditional Use Permit.
Upon rendering a decision to grant a Conditional Use Permit, with or
without stipulations or conditions that must be adhered to by the
applicant, the city council shall notify the zoning administrator of their
decision, and he shall issue a Conditional Use Permit, with stipulations
if any referred to and itemized in brief on the face of the permit. The
application and all subsequent information, correspondence,
evaluations, recommendations, and decisions shall then be placed on
permanent filed in the office of the zoning administrator or his/her
designee.
2. Administrative Conditional Use Permits.
In certain instances, the city council may elect to place certain required
Conditional Use Permits into an administrative review category, for
example those that may be required for minor amendment to an
already approved Conditional Use Permit, whereby the zoning
administrator may issue such an Administrative Conditional Use
Permit in compliance with guidelines set by the city council. This
provision shall not be construed so as to give the power to grant or
deny the Conditional Use Permit to other than the city council and
shall apply only to specific categories or instances predetermined by
the city council. The zoning administrator may issue an administrative
conditional use permit for any conditionally permitted use where an
already approved permit has been granted and the change or expansion
does not exceed more than 25% of the overall square footage of the
building or use. Any such administrative conditional use permit must
substantially conform with all conditions included in the already
approved conditional use permit.
27.34.050: Revocation of Permit. In the event of a violation of any of the provisions of
these regulations or its amendments thereto, or in the event of a failure to
comply with any prescribed condition of approval or stipulations placed upon
such approval, the zoning administrator shall suspend any Conditional Use
Permit immediately, notify the city council and set a date for hearing to
determine if such suspensions shall be lifted or if the Conditional Use Permit
shall be revoked. The city council shall be the hearing body. In the case of a
revocation of a Conditional Use Permit, the deterinination of the city council
shall be final, unless recourse is sought in a court of competent jurisdiction.
Page160
27.34.060: 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.
27.34.070: Denial of Application.
(1). In the event an application is denied by the city council, no resubmittal
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 resubmittal 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.
27.34.080: Review Criteria.
(1). No Conditional Use Permit shall be issued except upon a finding by
the city council 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. Among matters to
be considered in this connection are traffic flow and control, access to
and circulation within the property, off-street parking and loading,
refuse and service areas, utilities, screening and buffering, signs, yards
and other open spaces, height, bulk and location of structures, location
of proposed open space uses, hours and manner of operation, and
noise, lights, dust, odor, fumes and vibration. However, an authorized
Conditional Use Permits - Page 161
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). adequate access, and
3). 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).
traffic circulations,
3).
open space,
4).
fencing/screening,
5).
landscaping, and
6).
signage.
(c). That
the following services
adequate to serve the neei
proposed:
1).
sewer,
2).
water,
3).
storm water drainage,
4).
fire protection,
5).
police protection, and
6).
streets.
and facilities are available and
of the use as designed and
(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
Page162
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.
27.34.090: 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.
27.34.100: 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 163
Specific Conditional Uses - Page
CHAPTER 27.35
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.35.010 Animal Hospitals, Pounds, Kennels, Animal Shelters,
and Veterinary Clinics
27.35.020 Bed and Breakfast
27.35.030 Cluster Developments - Dwellings
27.35.040 Day Care Centers - 13 or more individuals
27.35.050 Electrical Distribution Stations
27.35.060 Extractive Industries
27.35.070 Sexually Oriented Business
27.35.080 Transmission Towers and Cellular Communication Towers, Equipment
and Facilities
27.35.090: Mini -Storage, Recreation Vehicle Storage
27.35.100: Additional Building Height
27.35.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, Veterinary Clinics.
Household animals (specifically dogs and cats) boarded overnight should be
kept in climate -controlled, sound -proofed buildings or, where facilities are not
sound -proofed. No partially or fully enclosed structure or fenced open area
(runs, pens, etc.) used to confine animals shall be closer than 100 feet to an
adjacent property line.
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.
27.35.020: 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 or added structure.
(3). Room rentals to families or individuals shall not exceed fourteen
consecutive days.
(4). The bed and breakfast facility must be accessory to and contained
within the existing single-family dwelling occupied by the dwelling's
owner.
Page164
(5). An occupancy permit shall be obtained from the city building
department prior to the commencement of business.
(6). The bed and breakfast facility will be subject to a yearly review by the
zoning administrator. If an approved facility is not established within
one year of the approval date, or is not established within one year, the
approval automatically expires and a new application is required.
(7). Transfer of ownership of the bed and breakfast facility will require
review by the zoning commission and issuance of a conditional use
permit in the new owner's name.
(8). The bed and breakfast facility must maintain an up-to-date guest
register.
(9). The owner(s) of the dwelling 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.
(10). 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.
(11). The residential structure shall not be significantly modified to provide
additional sleeping rooms or exhibit a non-residential appearance
except for a small permitted sign as provided for in subsection (12) of
this section.
(12). A freestanding placard or a nameplate attached to the front entryway
or gate of the house with the words "Bed and Breakfast" may be
permitted, but in no instance shall the size of said placard or nameplate
exceed 432 square inches. Further, said sign shall be architecturally
harmonious with the residential structure and shall not rotate, move,
flash or blink.
(13). 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.
(14). No people, other than the residents of the dwelling may be employed
or otherwise assist in the operation of a bed and breakfast facility.
Additional Requirements For 165
Specific Conditional Uses - Page
(15). One off-street parking space will be required for each sleeping room
plus two spaces for the resident owner.
(16). The use of the residential dwelling for bed and breakfast must comply
with all applicable state "rules" pertaining to "Food, Public
Accommodations, and Consumer Safety" and with all applicable
building and fire codes.
27.35.030: Cluster Developments - Dwellings. Cluster developments shall be subject to
the following:
(1). Minimum area of the development shall be not less than 21,000 square
feet.
(2). Types of buildings:
(a). Within the R-1 and R-2 residential districts, only one -family
detached dwellings shall be permitted;
(b). Within the R-3 and R-4 residential districts, detached, semi-
detached and attached dwellings shall be permitted.
(c). Within the RA-1 and RA-2 residential districts within the
redevelopment area, only attached dwellings shall be
permitted.
(3). Minimum area per dwelling unit. The minimum area per dwelling unit,
excluding streets and off-street parking areas for three or more
automobiles shall be as follows:
(a). One acre per dwelling unit for any development within an R-1
residential district;
(b). 9600 square feet per dwelling unit for any development within
an R-2 residential district;
(c). 7000 square feet per dwelling unit for any development within
an R-3 residential district;
(d). 6000 square feet per dwelling unit for any development within
an R-4 residential district;
(4). Lot size. The minimum size of a lot of record within a cluster
development shall be as follows:
Page166
(a). Detached dwellings: The minimum size of a lot of record
within the development for detached dwellings shall be at least
80% of the minimum area required per dwelling unit but not
less than 4,500 square feet provided, that an area equal to the
difference, if any, between the minimum area required per
dwelling unit and the size of the lot of record actually provided
shall be set aside as common open space;
(b). Attached dwellings: The minimum lot size of a lot of record
within the development for attached dwellings shall be 2,500
square feet for one dwelling unit and 5,000 square feet for two
dwelling units. Attached dwellings shall not exceed eight
dwelling units in one building. The area equal to the difference,
if any, between the minimum area required per dwelling unit
and the size of the lot of record actually provided shall be set
aside as common open space. The minimum lot size of a lot of
record within a cluster development in the Redevelopment
Area shall be at least 1,500 square feet for one dwelling unit.
(5). Common open space. Common open space, permanently reserved and
maintained as landscaped park or recreational space and excluding
streets or parking areas shall be provided within the development area.
(a). The required amount shall equal the difference between:
1). The total of the minimum area requirements of
individual lots of record, if the land utilized for the
cluster development were developed under the district
regulations; and
2). The total of the area of the lots of record actually
provided per dwelling unit of the cluster development.
(b). The location, size, nature and topography of the open space
areas shall be suitable for use in common areas for park,
recreational purposes and buffer areas between groups of
homesites and not more than 50% of the open space areas
resulting from the reduction of lot sizes shall have a slope in
excess of 20%.
(c). As specifically applied to the Redevelopment Area, common
open space, within the zoning lot, permanently reserved and
maintained as landscaped area or recreational space shall be
provided in an amount equal to the open space requirement of
the District.
Additional Requirements For 167
Specific Conditional Uses - Page
(6). Yards. Yards abutting the boundaries of cluster developments shall
conform to the minimum requirements for the district; provided, that
landscaped strips at least ten feet in width shall be maintained along
the boundaries of the development. Such strips shall not be used as
drives or for parking. Where groups of buildings in the development
are other than perpendicular to a side or rear boundary of the cluster
development and such boundary is not a street or alley, the yard
adjacent to such boundary shall be 30 feet in least dimension and a ten
foot landscaped strip shall be maintained free from drives or parking.
(7). As applicable to the Redevelopment Area, yards abutting the
boundaries of cluster developments shall conform to the minimum
requirements for the district. Where groups of buildings in the
development are adjacent to a side boundary and such boundary is not
a street or alley, the yard adjacent to such boundary shall be
maintained free from drives or parking.
(8). Lot coverage. The maximum lot coverage by all buildings, as
specified for the district, shall be applied to the cluster development as
a whole and not to individual lots of record within the cluster
development.
(9). Covenants. Adequate provision shall be made for the perpetual
maintenance of all open space areas by the inclusion of covenants
running with the land in the deeds or other instruments of conveyance,
delineating such open areas; and
(a). Obligating purchasers to participate in a homeowners'
association and to support maintenance of the open space areas
by paying to the association, assessments sufficient for such
maintenance and subjecting their properties to a lien for
enforcements of payments of the respective assessments;
(b). Obligating such association to the maintenance of open space
areas;
(c). Empowering the city as well as other purchasers in the
development to enforce the covenants in the event of failure of
compliance; and
(d). Providing for an agreement that if the city is required to
perform any maintenance work pursuant to item (c) above, said
purchasers would pay the cost thereof and that the same shall
be a lien upon their properties until said cost has been paid;
Page168
provided, that the subdivider shall be responsible for the
formation of the homeowners' association. Assurance that such
covenants will be included in the deeds or other instruments of
conveyance shall be evidenced by the recording in the county
Clerk and Recorder Office of Flathead County, Montana, of a
declaration providing for perpetual maintenance of the open
space areas, as prescribed herein above and identifying the
tract and each lot therein. The declaration shall be included in
the deed or other instrument of conveyance of each lot of
record and shall be made binding on all purchasers; provided,
that such declaration may, as to subsequent conveyance other
than the initial conveyance of each lot of record, be
incorporated by reference in the instrument of conveyance.
27.35.040: Day Care Centers - 13 or more individuals.
(1). Day care centers must be properly licensed by the State of Montana.
(2). Day care centers must provide adequate drop-off and pick-up areas.
The required area shall be based upon the maximum number of
individuals cared for at a single time. Specifically, there shall be 160
square feet of signed drop-off/pick-up area for every six individuals.
[See also 27.26.050(14)]
(3). Where outside recreation facilities are provided, a six-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.
(4). 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 and shall not flash, blink or rotate;
(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 169
Specific Conditional Uses - Page
27.35.050: Electrical Distribution Stations. When located within a residential,
residential apartment, or business 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.
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.
27.35.060: 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. Prior to the
approval by the Board of a Conditional Use Permit, a reclamation contract
shall be signed and approved by the owner or operator and the appropriate
state agency.
(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 a.m. and 5 p.m. 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
Page 170
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 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 unauthorized 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.
27.35.070 Sexually Oriented Business.
(1). A sexually oriented business shall not be located within 1,000 feet of:
(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;
Additional Requirements For 171
Specific Conditional Uses - Page
(e). Exterior colors of structure; and
(f). General site plan characteristics such as parking and extension
of utilities.
27.35.080: Transmission Towers and Cellular Communication Towers, Equipment
and Facilities
(1). A Conditional Use Permit shall be required for transmission towers
and cellular communication towers in all zoning districts which list
transmission towers and cellular communication towers.
(2). These regulations shall not be required for antenna associated with
ham radio, citizens band radio, a telecommunications device that only
receives an RF signal, and a sole -source emitter with more than one
kilowatt average output, or the mounting of an antenna or other
transmission device on an existing tower, provided no structural
alterations are made.
(3). 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;
(f). Possibility of shared use;
(g). Effects on City airport operations;
(h). Effects on other communication devices; and
(i). Site location alternatives.
(4). Application for a Conditional Use Permit shall include a site plan for
review by the Site Development Review Committee.
(5). 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 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;
Page 172
(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 FFA (Federal Aviation Administration)
lighting requirements for aviation safety.
(g). That the structure / tower be camouflaged to blend in with the
surrounding environment when beneficial and practical;
(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;
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.
(6). 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.
27.35.090: 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.
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. The
landscaping shall be designed, placed, and maintained in such a
manner that no wall, fence, sign, or other structure or plant
growth of a type that would interfere with traffic visibility shall
be permitted or maintained higher than three feet above curb
level, within 15 feet of the intersection of any street right-of-way
line or driveway.
27.35.090:
Additional Requirements For 173
Specific Conditional Uses - Page
(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 when
storage units open to one side of the lane only and at least 30 feet
wide when storage units open onto both sides of the lane.
(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). 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 prohibited within any structure
on a tract of land designated as a mini -storage or recreational
vehicle storage facility.
Additional Building Height
Structures requiring a Conditional Use Permit due to additional building
height, in addition to any other applicable standards, are subject to the
following standards.
1. 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.
2. No structure (subject to Section 27.22.070 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.
The Architectural Review Committee shall submit a recommendation which
shall be considered as a material factor in the consideration of the application.
Page 174
27.35.110: Casino
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 maybe 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 of the building and its associated facilities constitutes at
least 80% 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:
a. Limiting or prohibiting the on -premise signage or building
from using the following:
• Any terms such as gaming, gambling, cards, dice,
chance, etc.
• Any reference to any associated activity or any
symbols or words commonly associated with gaming.
• Any words, terms, figures, art work, or features
intended or designed to attract attention to the fact that
a casino is on site.
• Neon lighting.
b. Limiting the number and location of entrances into the casino.
Increasing landscaping requirements in order to create a buffer
between the casino and adjacent land uses.
Enforcement -Page 175
CHAPTER 27.36
ENFORCEMENT
Sections:
27.36.010 Penalty for Violation
27.36.020 Use of Available Remedies Authorized
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 11 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.
Page 176
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010 Definitions
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 construed 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 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.
(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. A detached subordinate building situated on the
same lot with the main building 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 main
building, other structure, or use of land, and
Definitions -Page 177
(b). Which is used customarily in connection with the main
building, other structure, or use of land, and
(c). Which is located on the same zoned lot with the main building,
other structure, or use of land.
(5). Administrator. The zoning administrator or his designated
representative.
(6). Agency. The urban renewal agency of the City of Kalispell, Montana.
The city council of the City of Kalispell, shall exclusively exercise the
powers and responsibilities of the agency and all powers specified in
the Montana Urban Renewal Law.
(7). Agriculture. The use of land for agricultural 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.
(8). Airport, Heliport, or Aircraft Landing Field. 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, including all
necessary taxiways, aircraft storage and tie -down areas, hangars and
other necessary buildings and open spaces.
(9). 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.
(10). Alterations. 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.
(11). Animated Sign. Any sign which uses movement or change of
lighting to depict action or to create a special effect or scene (compare
"Flashing Sign"). This would include all signs incorporating
mechanical movement and/or non -continuous lighting but excludes
electronic reader board signs.
(12). Apartment. A room or a suite of two or more rooms in a multiple -
family dwelling or in any other building, not a single-family dwelling
Page 178
or a two-family dwelling, occupied or suitable for occupancy as a
dwelling unit for one family.
(13). Apartment House. A building or portion of a building arranged or
designed to be occupied by three or more families living separately
from each other and containing three or more apartments.
(14). Area (see "Sign, Area of')
(15). Arterial. A street designed to provide for large volumes of through
traffic movement between areas and across the urban area, direct
access to abutting property, subject to necessary control of entrances,
exits and curb use.
(16). Automobile, Boat and/or Trailer Sales Area. An open area, other
than a street, used for the display, sale or rental of new or used
automobiles, boats or trailers, and where no repair work is done except
minor incidental repair. This category is also intended to include the
sale or rental of motorcycles and recreational vehicles.
(17). 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.
(18). Automobile Service Station. (See Service Station).
(19). Automobile Wrecking. 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). Automobile Wrecking Yard. Any premises devoted to automobile
wrecking as the term automobile wrecking is defined herein.
(21). Awning. A shelter projecting from and supported by the exterior wall
of a building constructed of non -rigid materials on a supporting
framework (compare "Marquee").
(22). Banner Sign. A sign made of fabric or any non -rigid material with no
enclosing framework.
(23). Barber and Beauty Services. Includes barber shops, hair styling,
salons, nail care, hair removal, ear piercing, and other such similar
businesses.
Definitions -Page 179
(24). Basement. That portion of a building partly underground and as
further defined by the adopted Uniform Building Codes of the City of
Kalispell.
(25). Bed and Breakfast. 'Bed and Breakfast" means a single-family
dwelling with one freeholder family 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.
(26). Beneficial Open Space. "Beneficial open space" means open space
performing a necessary or desirable function in relation to the
adjoining residential use. Beneficial open space may include among
other similar areas rivers, lakes, public parks and grounds around
public buildings.
(27). Billboard. 'Billboard" means a standard outdoor advertising sign
larger than 250 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.
(28). Blight. An area which, by reason of the substantial physical
dilapidation, deterioration, defective construction, material and
arrangement and/or age, obsolescence of buildings or improvements,
whether residential or non-residential, inadequate provision for
ventilation, light, proper sanitary facilities or open spaces as
determined by competent appraisers on the basis of an examination of
the building standards of the municipality; inappropriate or mixed uses
of land or buildings; high density of population and overcrowding;
defective or inadequate street layout; faulty lot layout in relation to
size, adequacy, accessibility or usefulness; excessive land coverage;
unsanitary or unsafe conditions; deterioration of site; diversity of
ownership; tax or special assessment delinquency exceeding the fair
value of the land; defective or unusual conditions of title; improper
subdivision or obsolete platting; or the existence of conditions which
endanger life or property by fire or other causes or any combination of
such factors, is conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency and crime; substantially impairs or
arrests the sound growth of a city or its environs, retards the provision
of housing accommodations or constitutes an economic or social
liability and/or is detrimental, or constitutes a menace to the public
health, safety, welfare and morals in its present condition and use.
Page180
(29). Board of Adjustment. A quasi-judicial body, created under Section
27.31 of this ordinance.
(30). Boarding (Lodging or Rooming) House. A building, or portion
thereof, other than a hotel, rest home, or home for the aged where
lodging and/or meals exclusive of the operator's immediate family are
provided for compensation.
(31). Boarding House, Incidental. Incidental keeping of non -transient
boarders by a resident family, provided not more than 15% of the total
floor area in one dwelling unit used for living purposes is devoted to
such occupancy. This definition shall also apply to shelters for
battered women or other individuals affected by domestic abuse
provided no more than three adults (other than the resident family) are
residing in the house at any one time.
(32). Bonds. Any bonds, notes or debentures (including refunding
obligations) authorized to be issued under the Urban Renewal Law of
the State of Montana.
(33). Buildable Area. "Buildable area" is that portion of a lot, upon which
a building may lawfully be constructed.
(34). 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.
(35). Building Area. "Building area" is total area covered by enclosed
building space including total area of all covered open space, except
for open space covered by eaves and normal overhang of roofs, but not
including uncovered entrance platforms, uncovered terraces, or
uncovered steps where such features do not themselves constitute
enclosures for building areas below them.
(36). Building Height. The height of a building is the vertical distance
from the established grade to the highest point on the roof or parapet
wall.
(37). Building Line. The line of that face, corner, roof or part of a building
nearest the property line.
(38). Building Official. An official of the City of Kalispell responsible for
the issuance of building, plumbing and mechanical permits.
Definitions - Page 181
(39). Building Permit. An official document or certificate issued the
building official authorizing the erection, construction, enlargement,
alteration, repair, movement, improvement, removal, conversion or
demolition of any structure within the planning area.
(40). Business or Commerce. 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.
(41). Campground. Any area of 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)
(42). Canopy Sign. 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.
(43). 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.
(44). 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.
(45). Changeable Copy Sign (Manual). A sign on which the copy changes
manually.
(46). Child Care Center. See day care.
(47). 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.
(48). City. Unless the context clearly discloses a contrary intent, the word
"City" shall mean the City of Kalispell.
Page182
(49). City Planning Board. The Kalispell City Planning Board and Zoning
Commission, Kalispell, Montana.
(50). Clear Vision Triangle. As defined by City of Kalispell Ordinance
No. 940A.
(51). Clearance (of a sign). The smallest vertical distance between the
grade of the adjacent street or street curb and the lowest point of any
sign, including framework and embellishments, extending over that
grade.
(52). Clinic. A building designed and used for the medical or similar
examination and treatment of persons as outpatients.
(53). 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.
(54). Cluster. A pattern of residential development wherein units are
grouped together around access courts with the remainder of the yard
left in common open space.
(55). Commercial or Business Use. (See business or commerce.)
(56). Commercial Vehicle. A motor vehicle used for purposes other than a
family car, such as a taxi, delivery or service vehicle.
(57). Common Wall. The wall or walls extending from the basement or
ground floor line of a building to the roof along a side lot line that is
common to an adjoining lot.
(58). Community Residential Facility. As defined per 76-2-411, M.C.A.
(59). 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 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 improvements 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.
(60). Conditional Use Permit. Legal authorization to construct, develop,
or operate a conditional use as defined by this ordinance.
Definitions -Page 183
(61). Condominium. Ownership in common with others of a parcel of
land and certain parts of a building, together with individual
ownership in fee of a particular unit or apartment in such building,
which he may sell, mortgage, or devise as he could with a single-
family dwelling that he owned.
(62). 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.
(63). Contractor's 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.
(64). Copy. The wording on a sign surface in either permanent or
removable letter form.
(65). County. The County of Flathead, Montana.
(66). Court. An open, unoccupied space other than a yard, on the same lot
with a building or buildings and which is bounded on two or more
sides by such building or buildings including the open space in a house
or apartment, providing access to the units thereof.
(67). Dairy. Any premises where three or more cows, three or more goats,
or any combination thereof are kept, milked or maintained.
(68). 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. Regular basis means providing supplemental care
to separate families for three or more consecutive weeks. 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.
(69). Density. The number of dwelling units per gross acre in any
residential development.
(70). Detached Building. A building surrounded on all sides by open
space.
Page184
(71). Developer. 'Developer" shall mean an owner or any person with
authorization from the owner, who intends to improve or to construct
improvements upon his property.
(72). 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.
(73). 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.
(74). District. 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.
(75). Double -Faced Sign. A sign with two faces.
(76). Dwelling. A building used for human residential purposes.
(77). Dwelling, Duplex. A detached building designed as two structurally
joined dwelling units and occupied exclusively by one family per
dwelling unit living independently of each other, and with separate
entrances.
(78). 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.
(79). Dwelling, Single -Family. A building designed with living quarters
for occupancy by one family only, and containing one dwelling unit on
a lot.
(80). Dwelling Unit. One or more rooms designed for or occupied by one
family for living or sleeping purposes and containing kitchen and
bathroom facilities for use solely by one family. All rooms comprising
a dwelling unit shall have access through an interior door to other parts
of the dwelling unit.
(81). Electrical Distribution Substation. An assembly of equipment
designed to receive energy from a high voltage distribution supply
system, to convert it to a form suitable for local distribution and to
Definitions -Page 185
distribute the energy to feeders through switching equipment designed
to protect the service from the effects of faults.
(82). Electrical Sign. A sign or sign structure in which electrical wiring,
connections, or fixtures are used.
(83). Electronic Message Board. 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.
(84). Essential Use. That use for the preservation or promotion of which
the use district was created, and to which all other permitted uses are
subordinate.
(85). Existing Use. The actual lawful use of the premises at the time this
ordinance was adopted or at the time a building permit has been issued
provided work has been actually done thereon or a valid contract made
for such work within the intent of the permit and before the
amendment of this ordinance, insofar as it affects the use allowed
under the permit.
(86). 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.
(87). Facade. The entire building front including the parapet.
(88). Face of Sign. The area of a sign on which the copy is placed.
(89). Family. One or more persons related by blood, marriage, adoption or
a group of not more than four persons excluding servants, not related
by blood or marriage, living together as a single housekeeping unit in
a dwelling unit.
(90). Family Support and Education Center. A center providing services
to support foster families and/or families who have issues of neglect.
Services may include parenting classes, supervision of visits between
children and their birth parents, and the coaching of parenting skulls to
the birth parents.
(91). 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.
Page186
(92). Festoons. A string of ribbons, tinsel, small flags, or pinwheels.
(93). Fire Lane. A lane or path established by suitable signs or markings
on public or private property to provide ingress and egress by fire
fighting equipment to premises used for public assembly. Such lanes
may be established only by the action of the city council upon the
recommendation of the fire chief and chief of police or as otherwise
required by the Uniform Fire Code.
(94). Flashing Sign. A sign which contains an intermittent or sequential
flashing light source used primarily to attract attention. Does not
include changeable copy signs, animated signs, or signs which,
through reflection or other means, create an illusion of flashing or
intermittent light (compare "Animated Sign," "Changeable Copy
Sign").
(95). Foster Home. A facility wherein (a) the operator is not legally related
to the individuals supervised and is licensed by the state, and wherein
(b) not more than eight individuals reside and are provided with room,
board, ordinary care, and supervision. Except that more than eight
individuals may reside in a home where such individuals are all related
to one another as brothers and/or sisters. The term "foster home" shall
include, without limitation by reason of enumeration, receiving homes
and free homes. Facilities for more than eight individuals (exclusive of
the Supervisors and/or operators) shall be considered a multi -family
dwelling for purposes of this ordinance.
(96). Fraternity, Sorority, or Student Cooperative. A building occupied
by and maintained exclusively for students affiliated with an academic
or professional college or university, or other recognized institution of
higher learning and regulated by such institution.
(97). Freestanding Sign. A sign supported upon the ground by poles or
braces and not attached to any building.
(98). Frontage. The length of the property line of any one premise along a
public right-of-way on which it borders.
(99). Frontage, Building. The length of an outside building wall on a
public right-of-way.
(100). Garage, Automobile Repair. A building or portion thereof designed
and used for the storage, repair or servicing of motor vehicles, small
engines, or boats as a business.
Definitions -Page 187
(101). Garage, Private. 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.
(102). Government 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.
(103). Grade. The average level of the finished ground surfaces surrounding
a structure, within a distance of 20 feet.
(104). Greenbelt. A strip of land, variable in width, for the planting,
growing and maintaining of a sight -obscuring screen of healthy trees
or cultivated landscaping to attain an ultimate height of not less than
eight feet.
(105). Ground Elevation. "Ground elevation" shall mean the finished grade
of a sidewalk adjacent to any front yard property line or the adjacent
street right-of-way line if no sidewalk exists. On side and rear
property lines, "ground elevation" shall be the natural grade of said
side or rear property line."
(106). Group Home. A residential facility for eight or fewer 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)
Facilities for more than eight persons shall be considered a multi-
family dwelling for purposes of this ordinance.
(107). Guest House. A detached structure, being an accessory to one -family
dwelling with not more than two bedrooms, having no kitchen
facilities, and which shall be used and/or designed for use primarily by
guest and/or servants for sleeping quarters only.
(108). 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.
(109). Hospital. An establishment which provides accommodations,
facilities and services over a continuous period of 24 hours or more,
for observation, diagnosis and care of two or more individuals, not
Page188
related by blood or marriage to the operator, who are suffering from
illness, injury, deformity or abnormality, or from any condition
requiring obstetrical, medical or surgical services.
(110). Hotel. 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 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.
(111). 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.
(112). Illegal Sign. A sign which does not meet the requirements of this
code and which has not received legal nonconforming status.
(113). Illuminated Sign. A sign with an artificial light source incorporated
internally or externally for the purpose of illuminating the sign.
(114). 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.
(115). Intersection. The meeting of two roads, two alleys, or a road and an
alley.
(116). Junk Yard. A lot, land or structure, or part thereof, used for the
collection, storage and sale of waste paper, rags, scrap metal or
discarded material, or for the collection, dismantling, storage,
salvaging or sale of parts of machinery not in running condition.
Includes automobile wrecking yards.
(117). Kennel. Any lot or building in which four or more adult dogs, wild
animals and/or cats are kept, boarded, trained or propagated, whether
in special structures or runways or not.
(118). Landscaping. Some combination 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
Definitions -Page 189
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.
(119). Life Styling Center. A facility wherein a profit or non-profit service
is provided to the general public for purposes related to the physical or
emotional well-being of individuals or groups of individuals. This
category of use is not intended to be broadly interpreted but is
intended to accommodate various alcoholic, dietary, exercise, or
emotional support groups. This is not intended to be a personal care
facility where medical care services are provided other than skilled
instruction and incidental counseling. No boarding care shall be
provided.
(120). Light Assembly. 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 manufactured and pre -manufactured parts and the final
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.
(121). 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.
(122). Livestock. "Livestock" means horses, bovine animals, sheep, goats,
swine, donkeys, mules and poultry.
(123). 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.
(124). 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.
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(125). Lot Corner. A lot at the junction of and fronting on two or more
intersecting streets.
(126). 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.
(127). Lot, Interior. A lot fronting on one street.
(128). 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.
(128). Lot Line.
(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
Definitions -Page 191
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 a 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.
(129). 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."
(130). 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.
(131). Maintenance. The replacing or repair of a part or parts of a building,
which have been made unusable by ordinary wear or tear, or by the
weather.
(132). Maintenance (Signs). For the purposes of this ordinance, the
cleaning, painting, repair, or replacement of defective parts of a sign in
a manner that does not alter the basic copy, design, or structure of the
sign.
(133). 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.
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(134). Manufactured Home Park. A parcel of land under single ownership
on which two or more spaces are rented or leased for the placement of
manufactured homes. The space size requirements, setbacks, and other
such dimensions of a mobile home park shall be established by the
City of Kalispell Subdivision Regulations.
(135). Manufactured Home Subdivision. A subdivision designed and/or
intended for the sale of lots for siting manufactured homes.
(136). Mansard. A sloped roof or roof -like facade architecturally
comparable to a building wall.
(137). Map. The official zoning district map of Kalispell, Montana.
(138). 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.
(139). Marquee Sign. Any sign attached to or supported by a marquee
structure.
(140). Growth Policy. The Kalispell Growth Policy and any amendments
which may be made thereto adopted by the city council and the
County Board of Commissioners as a guide to the development and
growth of the community.
(141). Micro -Brewery, Brew Pub and Mini -Brewery are defined as a
brewery which produces 2,000 barrels of beer or less a year for on -site
consumption or distribution, or a combination of both.
(142). Mini -Storage. Storage facilities intended primarily for domestic
usage and not to exceed 300 square feet per unit.
(143). Mobile Home. A transportable, factory -built home, designed to be
used as a year-round residential dwelling and built prior to enactment
of the Federal Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective June 15, 1976.
(144). Mobile Module. A factory -fabricated, transportable building unit
designed to be incorporated at a building site into a structure to be
used for residential, commercial, educational or industrial purposes,
put on a permanent foundation and joined to make a single unit.
(145). Moorage. A place to tie up or anchor a boat or vessel.
Definitions -Page 193
(146). Motel. (See hotel).
(147). Nameplate. A non -electric on -premise identification sign giving only
the name, address, and/or occupation of an occupant or group of
occupants.
(148). Nonconforming Sign. A sign which was erected legally but which
does not comply with subsequently enacted sign restrictions and
regulations.
(149). Nonconforming Use. A use of land, building or structure, which
lawfully existed prior to the enactment of this ordinance and which is
maintained after the effective date of such ordinance, even though it
does not comply with the use restrictions applicable to the area in
which it is situated.
(150). Nursery, Day. (See day care).
(151). Nursing Home. A health care institution other than a hospital or
personal care facility which is licensed by the State of Montana as a
skilled nursing facility for two or more unrelated persons.
(152). Obligee. Includes any bondholder, agent or trustees for any
bondholders, or lessor demising to the municipality property used in
connection with an urban renewal project, or any assignee or assignees
of such lessor's interest or any part thereof, and the federal government
when it is a party to any contract with the municipality.
(153). Occupancy. The portion of a building or premises owned, leased,
rented, or otherwise occupied for a given use.
(154). 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.
(155). Off -Street Parking. Parking facilities for motor vehicles on other
than a public street or alley.
(156). On -Premise Sign. A sign which pertains to the use of the premises on
which it is located.
(157). Open Space. Any part of a lot unobstructed 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.
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(158). Owner, Sign. A person recorded as such on official records. For the
purposes of this Chapter, the owner of property on which a sign is
located is presumed to be the owner of the sign unless facts to the
contrary are officially recorded or otherwise brought to the attention of
the Administrator, e.g., a sign leased from a sign company.
(159). Painted Wall Sign. Any sign which is applied with paint or similar
substance on the face of a wall.
(160). Parapet. The extension of a false front or wall above a roofline.
(161). Parking Lot. A structure or an area, other than a public street or
alley, designed or used for the temporary parking of motor vehicles
and available for public use whether free, for compensation, or an
accommodation for customers or clients and which has access onto a
public street or alley.
(162). Parking Space. A space within or without a building, exclusive of
driveways, at least 180 square feet used to temporarily park a motor
vehicle and having access to a public street or alley.
(163). Pasture. An area confined within a fence or other physical barrier and
which area is used for grazing or roaming of livestock.
(164). Pennant. Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
(165). Permanent. Having attachment to the ground through the use of
concrete footing and foundations in conformity with existing building
codes.
(166). 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.
(167). Person. For the purposes of this Chapter, any individual, corporation,
association, firm, partnership, or similarly defined interest.
(168). Personal Care Facility. A residential health facility licensed by the
State of Montana which provides non -skilled personal care services
including meals, bathing and mobility assistance on a 24-hour basis.
Definitions -Page 195
(169). Planned Unit Development. A tract of land developed as an
integrated unit. The development is unique and is based on a plan
which allows for flexibility of design, setting and density not
otherwise possible under the prevailing zoning district regulations.
(170). Planning Area. The City of Kalispell and any other area to which the
planning jurisdiction of the city is lawfully extended.
(171). Point of Purchase Display. Advertising of a retail item
accompanying its display, e.g., an advertisement on a product
dispenser.
(172). Pole Cover. Covers enclosing or decorating poles or other structural
supports of a sign.
(173). Political Sign. For the purposes of this ordinance, a temporary sign
used in connection with a local, state, or national election or
referendum.
(174). 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 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.
(175). Prefabricated Building. A structure prepared and manufactured so
that it can be conveniently shipped to a place of assembly, erected and
placed on a permanent foundation.
(176). Premises. A parcel of land with its appurtenances and buildings
which, because of its unity of use, may be regarded as the smallest
conveyable unit of real estate.
(177). 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.
(178). Professional Offices. Offices maintained and used as a place of
business conducted by persons engaged in the healing arts for human
beings, such as physicians and dentists (but wherein no overnight care
for patients is given), and by registered engineers, attorneys,
architects, accountants. This would also include, but not be limited to,
title companies, travel agencies, insurance companies, real estate
Page196
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.
(179). Project Area. The area included within the boundaries of the
Kalispell downtown redevelopment plan.
(180). 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.
(181). Projection. The distance any part of a structure extends over public
property or beyond the building setback line.
(182). Public Utility. A public service cooperation performing some public
service and subject to special governmental regulations, or a
governmental agency performing similar public services, the services
by either of which are paid for directly by the recipients thereof. Such
services shall include, but are not limited to water supply, electric
power, telephone, TV cable antenna, gas and transportation for
persons and freight.
(183). Quasi -Public Buildings, Non -Profit in Character. 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.
(184). Real Estate Sign. A temporary sign advertising the real estate upon
which the sign is located as being for rent, lease, or sale.
(185). Real Property. Includes all lands, including improvements and
fixtures thereon, and property of any nature appurtenant thereto, or
used in connection therewith, and every estate, interest, right and use,
legal or equitable, therein, including terms for years and liens by way
of judgment, mortgage or otherwise.
(186). Recreational Area, Commercial. An area operated for profit and
devoted to facilities and equipment for recreational purposes,
including swimming pools, tennis courts, playgrounds, bowling,
billiards, miniature golf, and other similar uses whether the use of such
area is limited to private membership or whether open to the public
upon the payment of a fee or service charge.
(187). Recreational Area, Non -Commercial. An area devoted to facilities
and equipment for recreational purposes, swimming pools, tennis
Definitions -Page 197
courts, playgrounds, community club houses and other similar uses
maintained and operated by a government entity, nonprofit club,
homeowner's association, or other corporate structure and whose
membership is limited to the residents within the area.
(188). 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.
(189). 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 living quarters for recreational camping or travel
purposes.
(190). Redevelopment. Includes (1) acquisition of a blighted area or portion
thereof, (2) demolition and removal of buildings and improvements;
(3) installation, construction or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for carrying
out in the project area the provisions of the plan, and (4) making the
land available for development or redevelopment by private enterprise
or public agencies (including sale, initial leasing, or retention by the
city itself) at its fair value for uses in accordance with the plan.
(191). Redevelopment Area Boundaries. The Kalispell downtown
redevelopment area is all that real property in the City of Kalispell, in
the County of Flathead, State of Montana, being subject to the
Kalispell Downtown Redevelopment Plan and as outlined on the
official zoning map of Kalispell.
(192). Rehabilitation. Includes the restoration and renewal of a blighted
area or portion thereof, in accordance with the plan, by (1) carrying
out plans for a program of voluntary or compulsory repair and
rehabilitation of buildings or other improvements; (2) acquisition of
real property and demolition or removal of buildings and
improvements thereon where necessary to eliminate unhealthful,
unsanitary or unsafe conditions, lessen density , reduce traffic hazards,
eliminate obsolete or other uses detrimental to the public welfare, or
otherwise to remove or prevent the spread of blight or deterioration, or
to provide land for needed public facilities; (3) installation,
construction or reconstruction of streets, utilities, parks, playgrounds,
and other improvements necessary for carrying out in the project area
the provisions of the plan; and (4) the disposition of any property
acquired in the project area (including sale, initial leasing, or retention
Page198
by the agency itself) at its fair value for uses in accordance with the
plan.
(193). 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.
(194). Retail Business. 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, flowers, furniture, garden
supplies, hardware, toys, paint, shoes, sporting goods, wall and floor
coverings, jewelry, records, 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 27.20 shall not be deemed retail businesses for the purpose of
this ordinance.
(195). Retail Restricted Industrial Use. 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.
(196). Retaining Wall. A wall designed to resist the lateral displacement of
soil or other material.
(197). Retirement Home. A place of residence for several families or
individuals in apartment -like quarters, rented, cooperative or
Definitions -Page 199
condominium, which may feature services to retired persons such as
limited nursing facilities, minimum maintenance, living
accommodations, and recreation programs and facilities.
(198). Riding Academy. Any establishment where horses are kept for
riding, driving or stabling for compensation or as any accessory use in
the operation of a club, association, ranch or similar establishment.
(199). Roofline. The top edge of a wall or building parapet, whichever is
higher, excluding any cupolas, pylons, chimneys, or minor projections.
(200). Roof Sign. Any sign erected over or on the roof of a building
(compare "Mansard," "Wall Signs").
(201). Rooming House. Same as "boardinghouse."
(202). Rotating Sign. A sign in which the sign itself or any portion of the
sign moves in a revolving or similar manner. Such motion does not
refer to methods of changing copy.
(203). Row House. A building or structure that has three or more one -family
dwellings erected in a row as a single building, each being separated
from the adjoining unit or units by an approved fire wall or (walls
extending from the basement floor to above the roof along one or both
side lot lines and each such "row house" building being separated from
any other building space on all sides. For lot area requirements for row
houses, see Section 27.03.010(5)(c) of this ordinance.
(204). Safe Houses and Domestic Violence Shelters. A safe house and
domestic violence shelter 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.
(205). Sanitarium. An institution for the treatment and care of the
chronically ill or for patients requiring long-term therapy, rest and
recuperation.
(206). School, Commercial. A building where instruction is given to pupils
in arts, crafts or trades, and operated as a commercial enterprise as
distinguished from schools endowed and/or supported by public
taxation. This category of use would also include such forms of
instruction as music lessons, marshal arts studios and dance studios.
Page 200
(207). School: Elementary, Junior or Senior High, Including Public, Private
and Parochial. An institution of learning which offers instruction in
the several branches of learning and study required to be taught by the
Montana Board of Education.
(208). School: College or University. A public or private institution for
higher learning (beyond grade 12) providing courses of instruction as
approved by the Montana Department of Education or a national
collegiate or university accreditation agency.
(209). Screened. Concealed or cut off from direct visual contact.
(210). Secondhand and Antique Stores. Any retail establishment in which
the principal portion of the articles, commodities or merchandise
handled, offered for sale, or sold on the premises, is used or not new.
(211). Semi -Private Facility. 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.
(212). Service Station, Automobile. An occupancy which provides for a
drive-in type business and in which business or service may be
provided with or without the customer leaving the vehicle. It also may
include the following:
(a). The servicing of motor vehicles and operations incidental
thereto limited to the retail sale of petroleum products and
automotive accessories; automobile washing; waxing and
polishing of automobiles; tire changing and repairing,
excluding recapping; battery service, charging and
replacement; radiator cleaning and flushing, excluding steam
cleaning and repair; and installation of accessories;
(b). The following operations if conducted within a building:
lubrication of motor vehicles; brake servicing limited to
servicing and replacement of brake cylinders, lines and brake
pads; wheel balancing; the testing, adjustment and replacement
or servicing of carburetors, coils, condensers, distributor caps,
fan belts, filters, generators, points, motors, spark plugs,
voltage regulators, water and fuel pumps, water hoses and
wiring.
(213). Setback. The horizontal distance required between any structure and a
lot line. This distance to be measured at right angles to the lot line. The
setback line shall be parallel with the lot lines.
Definitions - Page 201
(214). 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 sexual encounter center.
(215). 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. See also
Boarding House, Incidental.
(216). Shelter Station. A shelter for the protection from the elements of the
waiting customers of a public transportation system.
(217). Shopping Center. One or more buildings containing at least three
separate retail businesses planned, developed and managed as a unit,
with off-street parking provided on the property.
(218). Sign. Any device, structure, fixture, attractant, object, holographic,
projected or electronic image, lighting or placard using graphics,
symbols, and/or written copy designed specifically for the purpose of
advertising or identifying any establishment, product, goods, or
service.
(219). Sign, Area of.
(a). Projecting and Freestanding: The area of the sign shall be
measured as follows if the sign is composed of one or two
individual cabinets:
1). The area around and enclosing the perimeter of each
cabinet or module 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.
2). If the sign is composed of more than two sign cabinets
or modules, the area enclosing the entire perimeter of
all cabinets and/or modules within a single, continuous
geometric figure shall be the area of the sign. Pole
covers and other embellishments shall not be included
in the area of measurement if they do not bear
advertising copy.
Page 202
(b). Wall Signs_ The area shall be within a single, continuous
perimeter composed of any straight line geometric figure
which encloses the extreme limits of the advertising message.
If the sign is composed of individual letters or symbols using
the wall as the background with no added decoration, the total
sign area shall be calculated by measuring the area within the
perimeter of each symbol or letter. The combined areas of the
individual figures shall be considered the total sign area.
(220). Sign Height. The vertical distance measured from the highest point of
the sign, including decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is less
(compare "Clearance").
(221). Site Development Review Committee. A committee established by
authority of this ordinance to review and approve major site plans.
Membership shall consist of the City Manager, Public Works Director
and/or City Engineer, Community Development Director, Police
Chief, Fire Chief, City Building Official, and City Planner
representing the city planning office and other staff as may be designated by
the City Manager.
(222). Site Plan. A scale drawing showing the accurate location of all
structures, streets, alleys, and parking areas existing and proposed on
subject property or any other information as may be required by this
ordinance.
(223). Small Engines. Engines generally associated with lawnmowers,
motorcycle engine, outboard motors, chain saws, tillers and the like.
Does not include automobile engines.
(224). Snipe Sign. A temporary sign or poster affixed to a tree, fence, etc.
(225). Solid Planting. A planting of evergreen trees and shrubs which will
prevent a thorough and un-obscured penetration of sight and light.
(226). Stable, Private. A detached accessory building in which horses or
other animals owned by the occupant of the premises are kept and in
which no such animals are kept for hire, remuneration or sale.
(227). Stable, Public. A stable other than a private stable.
(228). State. The State of Montana.
(229). Storage Yard. Any lot, or portion of a lot, which is used for the sole
purpose of the outdoor storage of fully operable motor vehicles,
Definitions - Page 203
construction equipment, construction materials, or other tangible
materials and equipment.
(230). Story. That part of a building lying between two floors or between the
floor and ceiling of the highest usable level in the building.
(231). Street. A public or private thoroughfare which affords the principal
means of access to abutting properties.
(232). 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.
(233). Structural Alterations. 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.
(234). Subdivision Identification Sign. A freestanding or wall sign
identifying a recognized subdivision, condominium complex, or
residential development.
(235). Sublot. A portion of a platted lot designated 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.
(236). Temporary. For the purposes of these regulations, temporary shall
mean a period of less than 90 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.
(237). Temporary Sign. A sign not constructed or intended for long-term
use.
(238). Theater. A structure used for dramatic, operatic, motion pictures or
other performance, for admission to which entrance money is received
and no audience participation or meal service allowed.
Page 204
(239). Theater, Drive -In. An establishment to provide entertainment through
projection of motion pictures on an outdoor screen for audiences
whose seating accommodations are provided by their own motor
vehicles parked in spaces provided on the same site with the outdoor
screen.
(240). 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 parry
wall having no doors, windows or other provisions for human passage
or visibility.
(241). Transmission Towers / Cellular Communication Tower and
Facilities. Commercial Radio and television service antenna,
unlicensed wireless service antenna/tower, common carrier wireless
exchange structure / antenna / towers commonly referred to as cellular
communications.
(242). Transmit Terminal/Station. Service and storage building for transit
vehicles such as mini -buses, midi -buses, and city -suburban transit
buses. A terminal may also serve as a transit stop for the loading and
unloading of passengers.
(243). Under -Canopy Sign. A sign suspended beneath a canopy, ceiling,
roof, or marquee.
(244). 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.
(245). Variance. The relaxation of the strict application of the terms of this
title with respect to mechanical requirements such as setback
requirements, yard requirements, area requirements, building height,
parking and loading space requirements, etc., where specific physical
conditions unique to the site of the lot would create an unreasonable
burden by making its development for permitted uses difficult or
impossible. This definition shall not be construed to permit the
granting of a use in any district which use is not designated a
permitted or conditional use therein by this ordinance.
(246). Veterinary Clinic, Large. 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, and the boarding of hospitalized
animals, but excluding the boarding of animals not subjected to
medical or surgical treatment.
Definitions - Page 205
(247). Veterinary Clinic, Small. A building or premises for the medical or
surgical treatment of small animals or pets, including dogs and cats,
not to include livestock or other large animals, including the boarding
of hospitalized animals, but excluding the boarding of animals not
subjected to medical or surgical treatment.
(248). Wall Sign. A sign attached parallel to and extending not more than
12 inches from the wall of a building. This definition includes
painted, individual letter, and cabinet signs, and signs on a mansard.
(249). Window Sign. A sign installed inside a window and intended to be
viewed from the outside by pedestrian traffic.
(250). 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.
(251). Yard, Required. The minimum dimension of a front, side or rear yard
as established by the use regulations for each district.
(252). Zoning Administrator. A duly appointed officer of the city charged
with the administration and enforcement of the provisions of the
adopted ordinance.
(253). Zoning Map. A map or maps with all notations, dimensions,
references and symbols shown thereon depicting individual zoned
districts in accordance with this ordinance.
Page 206
Appendix -Page 1
APPENDIX A
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
ANGLED PERPENDICULAR
c
V
O
a
4" wide paint stripe
i G 4?5c T i
b Parking Section Width
d Aisle Width
e Curb Length Per Car
f Car Stall Width
2�
m
Ci
O
EL
4
wheel
stop
TURNING
CLEARANCES
e&f
4' wide paint stripe
18' inside
Turning Radius
-0'0.
�3)
jC
�
V 04
Page 2- Appendix
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
TWO WAY TRAFFIC
b'
c d c c' d c'
le
a
Parking Angle
b/b'
Parking Section Width
c/c'
Parking Bank Width
d
Aisle Width
Lul
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 - Page 3
FIGURE 1
MINIMUM PARKING LOT REQUIREMENTS
CONTINUED
ONE WAY TRAFFIC
b b'
le
lul
a Parking Angle
b/b' Parking Section Width
c/c' Parking Bank Width
d Aisle Width
f�
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'