Ordinance 1059 - Amends Ord 920 - Zoning RegulationsORDINANCE NO. 1059
AN ORDINANCE TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE,
ORDINANCE NO. 885, AS AMENDED BY ORDINANCE NO. 920 BY CONFORMING
THE REQUIREMENTS OF NON -CONFORMING USES WITHIN THE CITY ALLOIVING
THE CHANGE OF A NON -CONFORMING USE TO ANOTHER SIMILAR
NON -CONFORMING USE UPON REVIEW BY THE BOARD OF ADJUSTMENT.
SECTION I. SECTION 5.07(a) shall be amended to read as follows:
Section 5.07 Change in Use
a) If a non -conforming use is changed to a permitted use
allowed within the, district in which it is located, the
non -conforming use in hereby terminated. " non -conforming
use may upon review of the Board of Adjustment be changed
to another non-conforminQ use upon 2rantin2 of a conditional
use permit. In issuing the permit, the Board shall make a
determination that the proposed use is equally appropriate
or more appropriate_ to the zone than the extstin2
non -conforming _use. In permitting such a change of use,
the Board shall consider whether the proposed use will;
a. Generate equal or less traffic;
b. Maintain current or decrease hours of operation;
and
C. Generally be no more offensive than the existing
use."
In permitting any such change of use, the Board may require
additional conditions and safeguards to ensure neighborhood
compatibility or mitigate adverse impacts.
SECTION II. Section 5.08 shall be amended to read as follows:
(a) Any part of a building, structure,
or land occupied
by a nonconforming use, which hereafter
becomes vacant
and remains unoccupied for a continuous
period of one '=
hundred eighty days shall not thereafter be
occupied except
by a use which conforms to the use regulations
of this
district in which it is located. The one hundred
eighty day
time period may be extended by the board
of adjustment if
an application is filed with the board of adjustment
by the
owner prior to the expiration of said one
hundred eighty
day time period. Only one such extension
may be granted
and such extension shall not exceed one
hundred eighty
days from date of request.
(b) 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 one hundred eighty
days of the date of destruction. If resconstruction has not
commenced within one hundred eighty days, the property,
building, 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. The one hundred
eighty day time period may be extended by the board of
adjustment if an application is filed with the board by the
property owner prior to the expiration of said one hundred
eighty day time period. Only one such extension may be
granted and such extension shall not exceed one hundred
eighty days from date of request. (Ord. No. 920, § 3
(part).)
SECTION Ill. The balance of Sections 5.07 and 5.08 of the City of
Kalispell Zoning Ordinance (Ordinance No. 885, as amended by Ordinance
No. 920) not amended hereby, shall remain in full force and effect.
SECTION IV. This Ordinance shall be effective thirty (30) days from
and after the date of its final passage by the Council and approval by
the Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AND APPROVED BY THE MAYOR THIS Gth DAY OF May
1985.
e oy E� Mc owel I , ayor-
ATTEST:
n Halver, City Clerk- I reasurer
F1
I, Don Halver,
City Clerk
of the City
of Kalispell, Montana, do certify t
on the
day of
,
19—, I posted a copy of the
-- foregoing ordinance in
my office,
and the same remained posted until it
second reading
on the
day of
, 19 , and the
foregoing is a
true and correct copy
of the ordinance as passed by the City
Council.
City Clerk of the City of Kalispell, Montana