Kalispell City Zoning Code

Limiting or prohibiting the on-premises signage or building from using the following:

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.

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.

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.

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

The sale price of the property being developed documented by a purchase and sell agreement or other executed contract, if it was purchased within one 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.

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 five feet in areas where slope is 10% or greater and two 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.

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.

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.

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.

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.

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.

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.

Visual effects;

Height;

Structural integrity;

Radiation emissions;

Effects on adjoining land use;

Possibility of shared use;

Effects on City airport operations;

Effects on other communication devices; and

Site location alternatives.

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

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

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

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;

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

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