City of Kalispell, MT ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES

Household animals (specifically dogs and cats) boarded overnight should be kept in climate-controlled, sound-proofed buildings.

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.

No partially or fully enclosed structure or fenced open area (runs, pens, etc.) used to confine animals shall be closer than 100 feet to any property line.

(Ord. 1677, 7-19-2010; amd. Ord. 1744, 10-6-2014)

§ 27.34.020 Bed and Breakfast.

The Conditional Use Permit shall specify the number of rental rooms and total number of guests permitted in the facility.

The bed and breakfast uses shall be limited to the principal structure and not extend to any accessory structure.

Room rentals shall not exceed fourteen consecutive days.

(4)

The bed and breakfast facility must maintain an up-to-date guest register.

(5)

The owner(s) of the dwelling or the manager of the facility must be in permanent residence and maintain full use of the kitchen, dining room, living room, and at least one bedroom and bathroom not accessible to the overnight lodgers.

(6)

Overnight lodgers shall not have direct access to cooking facilities although the permanent resident(s) of the dwelling may provide breakfast service to the guests.

(7)

The residential structure shall not be significantly modified to provide additional sleeping rooms or exhibit a nonresidential appearance except for signage as provided under Chapter 27.22.

(8)

The use of the bed and breakfast facilities shall be limited to the exclusive use of the residential dwellers and their overnight guests. No other use such as a restaurant, bar or otherwise which attracts nonboarding customers is permitted. No alcoholic beverages shall be sold on the premises.

(9)

No people, other than the residents of the dwelling may be employed or otherwise assist in the operation of a bed and breakfast facility.

(Ord. 1677, 7-19-2010)

§ 27.34.030 Building Height (Additional).

Structures requiring a Conditional Use Permit due to additional building height, in addition to any other applicable standards, are subject to the following standards.

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.

No structure (subject to Section 27.20.030 regarding exceptions to height regulations) shall extend above a 1:1 slope established with a beginning point at the applicable setback line at an elevation equal to the elevation at natural grade at the nearest point on the property line, plus the maximum height allowed in the zoning district. (Figure 12)

The Architectural Review Committee shall submit a recommendation which shall be considered as a material factor in the consideration of the application.

Figure 12: Additional Building Height Allowance

(Ord. 1677, 7-19-2010)

§ 27.34.040 Casinos.

Casinos shall be a minimum of 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line, or from the right-of-way of a federal highway.

Accessory casinos may be located closer than 600 feet from churches, schools, parks, city residential zones, federal highway, and other casinos, measured from property line to property line or from the right-of-way of a federal highway. An accessory casino shall meet the requirements of this section.

A casino is considered accessory to a primary use if the primary use (e.g., restaurant or bar, but not shopping center or other multi-use designation) and its associated facilities constitute at least 80% of the proposed floor space and the casino constitutes no more than 20% of the proposed use. In addition, an accessory 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 either a casino or an accessory casino:

Limiting or prohibiting the on-premises 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.

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.

(Ord. 1677, 7-19-2010; amd. Ord. 1722, 3-18-2013; Ord. 1764, 12-16-2015; Ord. 1771, 6-6-2016)

§ 27.34.050 Day Care Centers—13 or More Individuals.

Where outside recreation facilities are provided, a minimum 4-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.

In all residential (R-1 through R-4) zones:

Existing residential structures shall not be significantly modified so as to exhibit a nonresidential appearance;

Signage shall be architecturally compatible with the primary building;

Preference is given to day care centers located on collector or arterial streets; and

Any new construction allowed in a residential zone for the operation of a day care facility shall substantially resemble a conventional single family dwelling.

(Ord. 1677, 7-19-2010)

§ 27.34.060 Dwellings, Multi-Family.

All multi-family dwellings shall provide pedestrian access from the main entrance(s) of the building(s) to the right-of-way.

For multi-family dwellings with 5 or more units (including common developments which contain 5 or more units), one of the following shall be provided:

500 square feet of land per unit which has recreational value for the residents;

Recreational amenities equivalent to the fair market value of 500 square feet of undeveloped land per unit;

Equivalent funds payable to the City of which 50% will be used for maintenance and 50% towards the development of neighborhood facilities in the immediate vicinity; or

A combination of any of the above.

Fair market value of land for the purpose of these regulations is the value of unimproved land after it has been annexed and given municipal zoning designation. Satisfactory evidence of fair market value shall be demonstrated by either of the following:

An appraisal report conducted by a Montana State licensed general real estate appraiser prepared within 1 year of the date of building permit application.

The sale price of the property being developed documented by a purchase and sale agreement or other executed contract, if it was purchased within 1 year of the date of the building permit application, provided the property's zoning designation remains unchanged and sale was an arm's length transaction.

(Ord. 1677, 7-19-2010; Ord. 1886, 7-18-2022)

§ 27.34.070 Electrical Distribution Stations.

When located within an R, RA, or B zone, electrical distribution stations shall meet the following requirements:

The station shall be completely surrounded by a security fence that shall be at least 8 feet in height.

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.

(Ord. 1677, 7-19-2010)

§ 27.34.080 Extractive Industries.

Requirements contained in this section shall not exempt the owner or operator of an extractive industry from compliance with the Montana Open Cut or Strip Mine Reclamation Act, Title 82, Chapter 4, M.C.A., but shall be in addition to the requirements of said Act.

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 8:00 a.m. and 5:00 p.m. Off-street parking areas adequate for all employee vehicles and trucks shall be provided.

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 reuse phase.

Exploitation Phase. The plan for the exploitation phase shall show the proposed development as planned in relation to surrounding property within 300 feet and shall include topographic surveys and other materials indicating existing conditions, including soil and drainage and the conditions, including drainage, topography and soil which shall exist at the end of the exploitation phase. Contour intervals for topography shall be 5 feet in areas where slope is 10% or greater and 2 feet in areas where slope is less than 10%.

The plan for the exploitation phase shall demonstrate the feasibility of the operation proposed without creating hazards or causing damage to other properties. This plan shall also show the different states of exploitation, where and how traffic will be handled, where equipment will be operating, the location and dimension of structures, the manner in which safeguards will be provided, including those for preventing access by children and other authorized persons to dangerous areas. The final stage of this plan shall indicate how the project is to be finished in accordance with the phase for reuse.

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.

(Ord. 1677, 7-19-2010)

§ 27.34.087 Marijuana Cultivation, Dispensaries, and Manufacturing.

A marijuana dispensary or any facility engaged in marijuana cultivation or manufacturing shall be located a minimum of 300 feet from churches, schools, parks, and city residential (R or RA) zones, measured from property line to property line.

(Ord. 1866, 10-18-2021)

§ 27.34.090 Mini-Storage, Recreation Vehicle Storage.

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.

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.

Landscaping that produces a sight-obscuring barrier shall be provided in areas adjacent to residentially zoned areas and to collector and arterial streets. Landscaping shall consist of a variety of hardy evergreen materials consisting of trees, low-, medium-, and high-profile shrubs, together with suitable ground cover such as native grasses, bark, ornamental gravel, or a combination thereof.

Building heights shall be limited to one story (18 feet at the peak).

One parking space shall be provided for the on-site manager with two additional spaces provided at the leasing office.

Parking shall be provided by parking/driving lanes adjacent to the storage units. These lanes shall be at least 26 feet wide.

All storage shall be kept within an enclosed building, except fossil fuel engines or storage tanks or any boat or vehicle incorporating such components, which shall be stored in screened exterior areas. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles.

(g)

Any use other than storage is prohibited. The offering for sale or sale thereof of any item from or at mini-storage or recreational vehicle storage facilities is expressly forbidden, except that the facility owner may hold liquidation sales of contents of rental units to recover rental fees except as allowed by law.

(h)

The repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture, and the storage of any fossil fuel engine or fossil fuel storage tank or any boat or vehicle incorporating such components is prohibited within any structure on a tract of land designated as a mini-storage or recreational vehicle storage facility.

(i)

The exterior architecture of the structures shall be designed to conceal the industrial and storage use of the property. The design shall also focus on neighborhood compatibility, particularly along collector and arterial streets.

(Ord. 1677, 7-19-2010)

§ 27.34.100 Sexually Oriented Business.

A sexually oriented business shall not be located within 1,000 feet of any of the following:

A church;

A public or private elementary or secondary school;

A boundary of any residential district;

A public park adjacent to any residential district;

The property line of a lot devoted to residential use;

Another sexually oriented business.

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:

Traffic, ingress/egress;

Signage;

Exterior lighting;

Landscaping and screening;

Exterior colors of structure; and

General site plan characteristics such as parking and extension of utilities.

(Ord. 1677, 7-19-2010)

§ 27.34.110 Transmission Towers and Cellular Communication Towers, Equipment and Facilities.

The location of the transmission towers and cellular communication towers, equipment and facilities shall take into consideration the following:

Visual effects;

Height;

Structural integrity;

Radiation emissions;

Effects on adjoining land use;

Possibility of shared use;

(g)

Effects on city airport operations;

(h)

Effects on other communication devices; and

(i)

Site location alternatives.

General requirements of a Conditional Use Permit for locating a transmission tower or cellular communication tower shall include:

Required collocation on an existing tower or other structure whenever possible and practical;

Screening equipment and structures when located adjacent to a residential district;

Engineer's certification regarding structural safety;

Location of the tower so that visual impact to adjacent property owners is limited to the greatest extent possible;

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;

Address potential Federal Aviation Administration (FAA) lighting requirements for aviation safety;

(g)

That the structure/tower be camouflaged to blend in with the surrounding environment;

(h)

The new structure shall allow for collocation with a minimum of 4 other users;

(i)

That all transmission and cellular communication towers be located a minimum of one mile apart, unless collocation opportunities do not exist;

(j)

If a security fence is proposed, a 5 foot tall dense landscaping screen shall be planted around the security fence of any structure/tower;

(k)

Where a new tower is proposed, the applicant shall demonstrate that there is no feasible existing structure on which to locate; and

(l)

A freestanding tower shall be set back from the right-of-way line(s) a distance equal to the height of the tower.