Ordinance 1090 - Text Amendment - Non-Conforming UseORDINANCE NO. :090
AN ORDINANC-E TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE, ORDINANCE
NO. 885, AS AMENDED BY ORDI11I'NCc N70. 9210 AND 95", BY CONFOR"AI G THE
REQU.IRE:sENTS OF NON -CONFORMING USES WITHIN THE CITY ALLOWING 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:
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 is hereby terminated.
b) A non -conforming use may upon review of the Board of
Adjustment be changed to another non -conforming use u on
g-rar.L_ing of a conditional use permit. In issuing the permit,
the Board shall make a determination that the ro ose use
is equally appropriate or more appropriate to the zone than
the existing non -conforming use. n permitting suc a c�ange
of use, the Board shall c.onsi er whether the proposed use
w i -;
I. Generate equal _or_ less traffic;
2. Maintain current or decrease hours of operation; and
3. Generally be no more offensive than the existing
use.
c) In
permittinF,any
such
change of
use, the Board may
require
ad ditional
conditions
and safeguards to ensure neigh-
'F—cr-hood
compatibility
or mitigate
adverse
impacts.
d) A
change of
tenancy, ownership, or
management of an
existing
non -conforming use is allowed.
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 ei ht
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 recon-
struction is commenced within one hundred eighty days of the
date of destruction. If reconstruction has not commenced
within one hundred eighty 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. 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.
SECTION III. Section 7.31 (b) shall be amended to read as follows:
b) Existing nonconforming uses.
(1) Generally. Nonconforming lots, nonconforming
structures, nonconforming uses of land and nonconforming uses
of structures existing upon the effective date of this chapter
may ire continued, subject to the provisions hereinafter speci-
f ied .
(2) Nonconforming uses of land.
a) Enlargement or extension. No nonconforming use of land
e tzst ing upon the e erect tie date of this chapter shall be
enlarged, increased or extended to occupy a greater area of
land than was occupied at the effective date of this chapter.
b) Discontinuance. No nonconforming use of land shall
continue if it ceases for any reason for a period of 180
Nays. The one hundred eighty day time period Enay be exten etc
b 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 the date of request. Use of
the land thereafter must be in accordance with the use regu-
lations of the district in which it is located.
c) Movement. No nonconforming use of land shall be moved
in wFoie or in part to any portion of the lot or parcel
other than that occupied by such use at the effective date
of this chapter.
SECTION IV. The remainder of Section 7.31 except as amended in
Section III, above and V below, shall remain, in full force and
effect.
SECTION V. A new section is added to Section 7.31 which reads as
follows:
4. Allowance of change of nonconforming uses:
a) Nonconforming use may upon review of the Board of Adjustment
be changed to another nonconforming use up ongranting o� a
conditional use permit. In issuin the Rermit, the Boar
shall make a determination that t e proposed use is e cal
ap ro riate or more appropriate to the zone than t e existing
nonconformina use. In permitting such a an e of use, the
Board shall consider w et er t e proposed use will;
I. Generate equal or less traffic;
2. Maintain current or decrease hours of operation; and
3. Generally be no more offensive than the existing
use.
b) In permitting anZ such change of use, the Board may
re wire additional conditions and sa e cards to ensure neigh-
borhood compati i ity or mitigate adverse impacts.
SECTION VI. A nonconforming use which terminated under the prior 90
ay or less ordinances are hereby granted the right to return to that
use provided within 180 days of the date of passage of this ordinance,
the use is recommended and written notice of the use, when it expired
and why is given to the City Building Official/Zoning Administrator
at least 30 days prior to the commencement of the use.
SECTION VII. This Ordinance shall be effective thirty (30) days from
and after the date o its final passage by the Council and approval
the Ma or.
PASSED BY THE CITY C UNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS �� DAY OF ct,6 r 198 7.
J,Don
4nEd" KennedyJr'., Mayor
ATTEST' Halver, City Clerk of.the City
of Kalispell, do certify that on the _
City C er -Tr asurer y of , 198_, I posted a copy of
the foregoing ordinance in my officQ and the
same remained posted until the second reading on the day of $1987
and the foregoing is a true and correct copy of the ordin nce as passe y the
City Council.
City Clerk ot the City of Ka ispe