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3. Ordinance 1218 - 1st Reading - Text Amendment - Nonconforming StructuresORDINANCE NO. 1218 AN ORDINANCE AMENDING SECTION 27.25.010 AND ADDING A NEW SECTION 27.25.045, CITY OF KALISPELL ZONING ORDINANCE NO. 1175. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the first paragraph of Section 27.25.010 is hereby amended to read as follows: 27.25.010: Intent. It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed. It is further the intent of this chapter that nonconformities shall not, unless otherwise permitted by this chapter, be enlarged upon or expanded, or be' used as grounds for adding other structures or uses prohibited elsewhere in the same district. SECTION II. That a new Section 27.25.045 be added, to read as follows: 27.25.045: Changes to Nonconforming Residential Structures. A residential structure conforming with respect to use but nonconforming with respect to height, setback or lot coverage may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. Further, the repair or replacement of bearing walls is permitted on any nonconforming residential structure. That the index be amended to reflect Section 27.25.045. SECTION III. This Ordinance shall become effective thirty (30) days from and after the date of its final passage by the City Council and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1995. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council Bruce Williaidit City City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Manager 723 5th Avenue East - Room 414 February 23, 1995 Kalispell, Nlontana 59901 Phone: (406) 758-5780 RE: Kalispell Zoning Ordinance Text Amendment Section 27.25.010 - Intent - Nonconforming Structures Addition of Section 27.25.045 - Changes to Nonconforming Residential Structures Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, February 14, 1995, and held a public hearing on the following: A request by the City of Kalispell to amend the Kalispell Zoning Ordinance Text, Chapter 27.25, Nonconforming Lots, Uses, and Structures. This amendment will consider allowing, under certain circumstances, structural alterations and additions to existing nonconforming residential structures. John Parsons, of FRDO presented the staff report, which recommended the text amendment. There was no testimony either for or against the request. One Board member expressed apprehension with building nonconforming structures and thus setting a precedent for changes without adequate review. These concerns were discussed, and Brian Wood, Kalispell Zoning Administrator explained the reasons for the requested text amendments and assured the Board that safeguards exist. The Board voted 9-0 in favor of adopting the findings of fact in report #KZTA-95-01, and recommending the requested text amendment to Chapter 27.25 - Non -conforming Lots, Uses and Structures, and adding Section 27.25.045, Changes to Non -conforming Residential Structures. It is recommended that the text of the Kalispell Zoning Ordinance be amended as follows: CHAPTER 27.25 - Non -con -forming Lots, Uses, and Structures: The amended first paragraph of the Intent (Section 27.25.010): It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed. It is further the intent of this chapter that nonconformities shall not, unless otherwise permitted by this chapter, be enlarged upon or expanded, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Second paragraph to remain the unchanged. Providing Comnit}nity Planning assistance To: • ]Flathead Cotinty e City of Cohlmb1a8. i= ;lls e City of Kalispell e City of Whitefish e Bruce Williams, City Manager Re: Text Amendment - Nonconforming Structures February 23, 1995 Page 2 Add new Section 27.25.045, Changes to Nonconforming Residential Structures: A residential structure conforming with respect to use but non -conforming with respect to height, setback, or lot coverage may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. Further the repair or replacement of hearing walls is permitted on any non -conforming residential structure. Amend index to reflect Section 27.25.045 This recommendation is being forwarded to the City Council for final action. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action on this matter. However, this does not preclude Council discussion at its workshop. If you have any questions regarding this request, please contact the Commission or John Parsons at FRDO. Respectfully Submitted, ISPELL CITY -COUNTY LANNING BOARD AND ZONING COMMISSION _i' herese Fax Hash President TFH/JJP/eo Attachments: FRDO Report #KZTA-95-01 F:\FRDO\TRANS MIT\K2TA95-1.TRM Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5780 Fax: (406) 758-5781 TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION FROM: JOHN PARSONS, SENIOR PLANNER RE: ZONING TEXT AMENDMENT FOR NONCONFORMING STRUCTURES DATE: FEBRUARY 7, 1995 A public hearing has been scheduled for the February 14, 1995, Kalispell City -County Planning Board and Zoning Commission to discuss a proposed amendment to the adopted Kalispell Zoning Ordinance. The amendments include: The modification of the Intent - Section 27.25.010, and the addition of a new section of the Ordinance, Section 27.25.045 - Changes to Nonconforming Residential Structures. This new section would allow nonconforming residential structures to repair and replace bearing walls, foundations or the like and to be enlarged provided the enlargement does not further deviate from these regulations. Currently non -conforming structures do no have this option. CHAPTER 27.25 - Nonconforming Lots, Uses, and Structures: The amended first paragraph of the Intent (Section 27.25.010): It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed (REMOVE - but not to encourage their survival). It is further the intent of this chapter that nonconformities shall not, (ADD - unless otherRzse permitted by this chapter), be enlarged upon or expanded, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Second paragraph to remain the same. Add new Section 27.25.045, Changes to Nonconforming Residential Structures. A residential structure conforming with respect to use but non -conforming with respect to height, setback, or lot coverage may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. Further the repair or replacement of bearing walls is permitted on any non- conforming residential structure. Amend index to reflect Section 27.25.045. Providing Community Planning Assistance To: * flathead County * City of Columbia falls * City of Kalispell * City of whitefish ANALYSIS: For an explanation and analysis please see attached "Exhibit A It is recommended that the text of the Kalispell Zoning Ordinance be amended as follows: CHAPTER 27.25 - Non -conforming Lots, Uses, and Structures: The amended first paragraph of the Intent (Section 27.25.010): It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed. It is further the intent of this chapter that nonconformities shall not, unless otherwise permitted by this chapter, be enlarged upon or expanded, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Second paragraph to remain the unchanged. Add new Section 27.25.045, Changes to Nonconforming Residential Structures: A residential structure conforming with respect to use but non- conforming with respect to height, setback, or lot coverage may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. Further the repair or replacement of bearing walls is permitted on any non- conforming residential structure. Amend index to reflect Section 27.25.045. w0fam KZTA95-0l .NON EXHIBIT ."A" RECOMMENDED CHANGES TO CHAPTER 27.25, KALISPELL ZONING ORDINANCE NONCONFORMING LOTS, USES AND STRUCTURES BACKGROUND: With the adoption of Ordinance #1175 (City of Kalispell Zoning Ordinance), a large number of existing residential structures in the city became "nonconforming" with respect to required setbacks. In the R-3 and RA-1 residential zone districts, side -corner setbacks were increased from 15 feet to 20 feet. Not only did this result in a number of nonconforming structures, but it also limited the ability of a number of property owners from constructing additions to their homes. The current setback requirement of 20 feet works well on lots that are 60 feet in width or greater, but with few -exceptions residential lots in Kalispell's established neighborhoods are 50 feet in width. Coupling the 20-foot side -corner setback requirement with the 5 (R-3)- or 10 (RA-1)-foot side yard setback, corner lots are left with a very restrictive buildable lot width of either 20 or 25 feet. There also exists within the city a considerable number of residential structures which were built within the setbacks that are now in effect. Typically, we see homes built too near the interior (side) property line. Due to the nonconforming status of these homes, expansion, that conforms with all other development standards, cannot occur without benefit of a variance. An additional problem is shared by many owners of older, nonconforming houses in the city - deteriorating, inadequate or nonexistent foundations. Buying and selling these homes is difficult at best, as lenders are unwilling to provide financing. Unfortunately, the zoning ordinance does not allow structural alterations to nonconforming structures, compounding the homeowne'r's problem. Again, a variance is required to perform structural alterations to a nonconforming structure. A look at the decisions made by the Board of Adjustment from 1985 until the present, and in particular in the time since the adoption of the current zoning ordinance, reveals some interesting statistics. Since January of 1985, the Board has considered 127 variance requests. Of the 127 , 52 involved nonconforming residential structures. The requests were either for variances to add to a nonconforming structure or to do structural alterations to a nonconforming structure. The Board granted 47 of the 52 variance requests. A total of 32 requests have been considered by the Board since the city's adoption of the current zoning ordinance. of the 32, twenty-one involved either structural alterations to, or expansions of, nonconforming residential structures. The Board has granted eighteen of the.twenty-one requests. The number and the frequency of variance requests related to nonconforming residential structures points, in stafffIs opinion, to a flaw in the zoning ordinance, and a failure to recognize the realities of the housing market in an area of rapid growth. It is further the opinion of the staff that given the somewhat limited amount of "affordable" housing stock in the city, reasonable steps should be taken to preserve that which does exist. Structurally altering or replacing the foundation of a home so that it's life is extended seems to be a prudent approach to assist in providing needed affordable housing. If owners are not allowed to make structural alterations to aging, nonconforming homes, and lenders will not provide financing for such structures, they will likely continue to deteriorate and add blight to the city landscape. Additionally, modifying the code to allow additions to nonconforming residential structures in certain circumstances would be of great benefit to homeowners and to the city as a whole. This can be done in such a way as to maintain the integrity of the code and respect its intent. Staff is recommending that Chapter 27.25 be amended as follows: #1 - Replace the first paragraph of 27.25.010 (Intent) with the following: 27.25.010: Intent. It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this code to continue until they are removed. It is further the intent of this chapter that nonconformities shall not, unless otherwise permitted by this chapter, be enlarged upon or expanded, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district. #2 - Add a new section 27.25.040: 27.25.041 Changes to Nonconforming Residential Structures. A residential structure conforming with respect to use but nonconforming with respect Lo height, setback or lot coverage may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. Further, the repair or replacement of bearing walls is permitted on any nonconforming residential structure. #3 - -R-e­���h � �--ac���d n � and modify index on page 93 to reflect new section 27.25.040.