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Kalispell City Zoning Code

CHAPTER 27

23 NONCONFORMING LOTS, USES AND STRUCTURES

§ 27.23.010 Intent.

(1) 
It is the intent of this chapter to permit nonconformities which were lawful before the adoption of this Zoning Ordinance to continue until they are removed. It is further the intent of this chapter that non-conformities 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) 
Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this Zoning Ordinance and which actual building construction has been carried on diligently. A change of tenancy, ownership, or management of any legally existing nonconforming use is allowed.
(Ord. 1677, 7-19-2010)

§ 27.23.020 Nonconforming Structures.

If a structure was lawfully constructed (conforming to zoning regulations then in effect) prior to the effective date of adoption or amendment of this Zoning Ordinance and does not conform with the current standards of this Code, the structure may remain as long as it remains otherwise lawful and subject to other conditions set forth herein.
(1) 
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.
(2) 
Changes to Nonconforming Structures. A structure conforming with respect to use but nonconforming with respect to other standards may be enlarged or altered provided that the enlargement or alteration does not further deviate from these regulations. For example, an extension, whether horizontal along a property line or vertical with additional height, of a structure within a setback area creates a further deviation beyond the existing nonconformity. Enlargements or alterations of nonconforming structures up to 50% of the length and/or height of the existing nonconformity may be allowed subject to an administrative conditional use permit.
(3) 
Repairs and Maintenance.
(a) 
On any nonconforming structure, work may be done on ordinary repairs, maintenance, and remodeling to an extent not exceeding 25% of the replacement value of the building in any one year, except as provided for in Section 27.20.082 relating to accessory dwelling units. The repair or replacement of bearing walls and foundations is permitted.
(b) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Such work may exceed 25% of the replacement value of the building in any one year.
(Ord. 1677, 7-19-2010; amd. Ord. 1824, 3-18-2019; Ord. 1861, 8-2-2021)

§ 27.23.030 Nonconforming Uses.

If the lawful use of a structure or land was established prior to the effective date of adoption or amendment of this Zoning Ordinance (conforming to zoning regulations then in effect) and does not conform with the current standards of this ordinance, the use may continue as long as it remains otherwise lawful and subject to other conditions set forth herein.
(1) 
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.
(2) 
The removal or destruction of a structure containing a nonconforming use shall eliminate the nonconforming status of the use.
(3) 
If both a structure and land are nonconforming, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(4) 
Whenever a nonconforming use of a structure or a premises is abandoned for 180 days, the structure or land shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(5) 
A structure devoted to a nonconforming use may only be enlarged, extended, constructed or structurally altered, and a use of land devoted to a nonconforming use may only be enlarged or extended, if a conditional use permit is obtained.
(a) 
Any change(s) allowed by such permit(s) is/are limited to a cumulative increase of 50% in the area devoted to the nonconforming use. The allowable increase shall apply to each of the following:
1. 
The gross square footage of land occupied by the use;
2. 
The gross square footage of the footprint of the structure(s); and
3. 
The gross square footage of the floor area of the structure(s).
(b) 
Whenever the expansion of a nonconforming use involves a cumulative increase of 25% or less of the area devoted to the nonconforming use, an administrative conditional use permit shall be required.
(c) 
A conditional use permit shall be obtained for any expansion involving an increase of more than 25%, but less than or equal to 50%.
(Ord. 1677, 7-19-2010)

§ 27.23.040 Nonconforming Accessory Uses and Structures.

No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless such accessory use or structure shall thereafter conform to all the regulations of the zoning district in which it is located. Nonconforming signage shall be further regulated by Section 27.22.170 of this chapter.
(Ord. 1677, 7-19-2010)

§ 27.23.050 Changes to Historically Significant Residential Structures.

Modifications to existing historically significant residential structures that may be eligible or are on the historical registry will be allowed to encroach into the setback area established for the district in which they are located if:
(1) 
The purpose of the modification is to regain the historical integrity of the building; and
(2) 
The proposed modifications, alterations, additions or other changes are reviewed and approved by the Architectural Review Committee.
(Ord. 1677, 7-19-2010)

§ 27.23.060 Reconstruction.

(1) 
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:
(a) 
The process of reconstruction is commenced within 180 days of the date of destruction.
(b) 
Any reconstruction must be completed without unreasonable delay.
(c) 
This provision shall not exempt the structure or use from other applicable regulations nor does it allow the replacement of structures or uses that were willfully demolished, destroyed, or removed.
(2) 
If reconstruction has not commenced within 180 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.
(Ord. 1677, 7-19-2010)