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Ordinance 920 - Redefines Non-Conforming UseMIM ORDINANCE NO. 920 AN ORDINANCE TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE TO RE -DEFINE "NON -CONFORMING USE"; TO REPEAL SECTIONS 5.04 THROUGH 5.15 AND ENACT NEW SECTIONS RELATING TO: COMPLETION OF PENDING CONSTRUCTION; LOT AREA EXCEPTIONS; CONTINUATION OF ADDITIONS AND ENLARGEMENT OF NON -CONFORMING BUILDINGS, STRUCTURES OR USES OF LAND; CHANGE OF USE; VACANCY AND TERMINATION OF A NON -CONFORMING USE; DISTRICT CHANGES; ALSO, TO AMEND SECTION 6.04 RELATING TO BUILDING PERMITS REQUIRED. WHEREAS, the Kalispell Zoning Commission has made recommeda- tions therefore, and good cause in the public interest appears to the City Council, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THEI,CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 2.01 of the City of Kalispell Zoning Ordinance (Appendix B, Kalispell City Code) is hereby amended to hereafter read as follows: Non -Conforming Use. A use of land, building or structure, which lawfully existed prior to the enactment of this Ordinance and which is maintained after the effective date of such ordinance, even though it does not comply with the use restrictions applicable to the area in which it is situated. SECTION 21 Sections 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.101 5.11, 5.12, 5.13, 5.14 and 5.15, City of Kalispell Zoning Ordinance (Appendix B of Kalispell City Code) are hereby repealed. SECTION 3. There is hereby enacted new sections of the City of Kalispell Zoning Ordinance (Appendix B, Kalispell City Code) as follows: Section 5.04. Completion of Pending Construction. This ordinance shall not limit the construction of any building for which a current building permit has been obtained or construction has begun prior to its adoption and publica- tion, even though such building does not conform to the provisions of this ordinance. Section 5.05. Lot Area Exceptions. The following shall be exceptions to the required lot areas as set out in Section 3.50: Lots, parcels, or tracts of land, of record in the Flathead County Clerk and Recorder's Office with less than the area required by the use district imposed, which existed prior to the passage of this ordinance. Section 5.06. Construction of, Additions, and Enlarge- ment of, Non -Conforming Buildings, Structures, or Uses of Land. A non -conforming building, structure, or use of land under Section 3.02 through 3.05 of these regulations exist- ing upon the adoption of this ordinance may be continued, repaired, renovated, maintained, and expanded only within contiguous areas then in single ownership and subject to the following: 1. A non -conforming building, structure, or use upon the land may not be expanded, added to or enlarged in any manner into any area occupied by a permitted use. A permitted use location on the same property or contigu- ous property of single ownership shall not be removed and replaced by or converted to a non -conforming use. L� 39 2. Expansion of a non -conforming building, structure, or use of land, shall conform to the requirements of Section 3.05 for the district in which it is located and to Section 4.02. ' 3. A non -conforming building, structure, or use of land which would be required to obtain a conditional use permit in Section 3.04 shall obtain said permit prior to commencing any proposed expansion, Section 5.07. Change of 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 is hereby terminated. A change of a non -conforming use to a different non- conforming use is not allowed. B. A change of tenancy, ownership, or management of any existing non -conforming use is allowed. Section 5.08, Vacancy: Termination of a Non -Conforming Use, A. Any part of a building, structure, or land occupied by a non -conforming use, which hereafter becomes vacant and remains unoccupied for a continuous period of 90 days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. The 90 day time period may. be extended by the Board of Adjustment if an applica- tion is filed with the Board of Adjustment by the owner prior to the expiration of said 90 day time period. Only one such extension may be granted and such extension shall not exceed 90 days from date of request.. B. A non -conforming building, structure, or use upon the land having been wholly or partially damaged or des- troyed by fire or other calamity may be reconstructed,, provided that reconstruction is 'commenced within 180 days of the date of destruction, If reconstruction has not commenced within 180 days, the property, build- ing, 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 180 day time period may be extended by the Board of Adjust- ment if an application is filed with the Board by the property owner prior to the expiration of said 180 day time period. Only one such extension may be granted and such extension shall not exceed 180 days from date of request. Section 5.09. District Changes. Whenever the boundaries of a dist — trrict are changed, such that they encompass property with an existing non -conforming use, the foregoing provisions shall apply. SECTION 4. Section 6.04 of the City of Kalispell Zoning Ordinance, (Appendix B, Kalispell City Code) is amended to here- after read as follows: Building Permits Required. No building or other structure shall be erected, moved, added to, reconstructed, or structurally altered without a,permit therefore, issued by the building inspector or an authorized assistant. - 2 - 40 SECTION 5. All other provisions of the City of Kalispell Zoning Ordinance (Appendix B of Kalispell City Code) as heretofore amended shall remain in full force and effect. SECTION 6. The foregoing amendments and additions to the City I of Kalispell Zoning Ordinance are effective 30 days after final passage and approval hereof. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AND APPROVED BY THE MAYOR THIS 7TH DAY OF MAY . 1979. 5 zy Norma E. Happ, P4a�ydr ATTEST: /%i-CLfc. tc�. X�t-Ph�i�e eitt c.� Marjor=e Giermann, City Clerk I, Marjqrie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the t�� day of , 19_yq, I posted a copy of the foregoing ordinance in my office, and the same remained posted for a period of five days, and the foregoing is a true and correct copy of the ordinance as passed by the City Council. City of Kalispell, Fj - 3 -