6. Architectural Review Board AppointmentFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading of Zoning Text Amendment - Expansion of
Nonconforming Uses
October 16, 2000
BACKGROUND: This is the second reading of the ordinance amending the Kalispell
Zoning Ordinance to allow for expansions to nonconforming uses up to a maximum of
50 percent subject to a nonconforming use permit.
RECOMMENDATION: A motion to adopt the ordinance on second reading would be
appropriate.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kuku ski
Senior Planner City Manager
Report compiled: October 6, 2000
H:\FRDO\TRANSMIT\KALISPEL\2000\KZTAOO-lMEM.0
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
ORDINANCE NO. 1368
AN ORDINANCE AMENDING SECTIONS 27.25.020 AND 27.25.030 OF THE
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE
NONCONFORMING LOTS, USES AND STRUCTURES REGULATION TO ALLOW FOR
MINOR EXPANSIONS TO A NONCONFORMING USE, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Flathead Regional Development Office has submitted a
written request to amend Sections 27.25.020 and 27.25.030
of the Kalispell Zoning Ordinance, by allowing for minor
expansions to nonconforming uses, and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated
under 27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell
Zoning Ordinance be amended to reflect the change, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board
and Zoning Commission and hereby adopts the findings made
in Report #KZTA-00-1 as the Findings of Fact applicable
to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
Section 27.25.020: Nonconforming Uses of Land:
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
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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.
3. Should a nonconforming use of land be discontinued
for a period of one hundred eighty (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 one hundred and eighty (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
1368 nonconforming.wpd 2
operation for a period of one hundred eighty (180)
days.
S. 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 toa 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 permits)
is/are limited to a cumulative increase of 50
percent in the area devoted to the
nonconforming use. The allowable increase
shall apply to each of the following: the
gross square footage of land 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 percent 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 percent, but
less than or equal to 50 percent, shall be
obtained by following the procedures for a
conditional use permit set for in Section
27.34.010, et sea.. 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.
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
1368 nonconforming.wpd
SECTION III. This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF , 2000.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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