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Kalispell City Zoning Code

CHAPTER 27

03 APPLICATION OF DISTRICT REGULATIONS

§ 27.03.010 Application of District Regulations.

Except as otherwise provided herein, the regulations set by this chapter and Chapters 27.04 through 27.19 shall be the minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly:
(1) 
No building, structure or land shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless it is in conformity with all of the regulations herein specified for the district in which it is located and a building permit, if necessary, has been issued.
(2) 
No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building except as otherwise provided for shared parking as set forth by Section 27.24.040(3)(a).
(3) 
No yard or lot existing at the time of adoption of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(4) 
The Kalispell City Council shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a recommendation from the Kalispell City Planning Board and Zoning Commission. The adopted Kalispell Growth Policy and relevant legal precedent shall be the primary considerations in the selection of an appropriate zoning classification. When such zoning of annexed territory is to be effective at the time of such annexation, the Planning Board shall have held a public hearing in order that the City Council may determine the proper zoning.
(5) 
The following shall be an exception to the required lot areas as set out in Chapters 27.04 through 27.19:
(a) 
Lots which are nonconforming in respect to lot area requirements.
(b) 
Sublots are not subject to the area, yard, or other dimensional requirements of this Zoning Ordinance, but the parent tract shall be subject to the property development standards of each zoning district and the density requirements set forth in this Zoning Ordinance.
(6) 
Any building permit or other authorization issued, granted or approved in violation of the provisions of this Zoning Ordinance shall be null and void and of no effect without the necessity of any proceedings for a revocation or nullification thereof. Any work undertaken or use established pursuant to any void building permit or other authorization shall be unlawful and no action may be taken by any officer or any employee of the city purporting to validate any such violation.
(7) 
Multiple contiguous lots held in common ownership may obtain a written zoning lot determination by the Zoning Administrator. The purpose of the zoning lot determination is to recognize the exterior boundaries of the combined lots as a single tract of land for zoning purposes, including the application of the area, dimensional, and setback requirements of the Zoning Ordinance. Any modification of the interior lot lines pursuant to a boundary line adjustment, amended plat or other instrument, other than the elimination of the interior lot lines, shall void the written zoning lot determination.
(Ord. 1677, 7-19-2010; amd. Ord. 1866, 10-18-2021)