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.