Kalispell Council Approves Zoning Change Allowing City to Revoke Conditional Use Permits
Councilors revisited the zoning law after a lawsuit with the Flathead Warming Center regarding its conditional use permit. During Monday’s meeting, councilors also approved a development that required a variance in the setback from Ashley Creek.
By Zoë Buhrmaster
Kalispell City Councilors passed the first reading of a zoning amendment that solidifies the city’s right to revoke Conditional Use Permits (CUPs) during Monday night’s council meeting.
The city code change comes after a legal battle the city faced with the Flathead Warming Center (FWC) after revoking its CUP last year, which ended in a settlement between the low barrier homeless shelter and the city.
City staff said they realized that the zoning laws were unclear and recommended amending zoning text to clarify the process around obtaining and holding onto a CUP. The change enables the city to “enforce the condition” that a permit’s approval is based on, Interim City Manager Jarod Nygren said in a Nov. 12 planning commission meeting.
Councilor and Mayor-elect Ryan Hunter criticized the new ordinance, citing concerns he drew from a letter the Institute for Justice sent to city officials. The letter made recommendations for the new zoning text including removing the city’s ability to revoke a CUP for an unintentional error and making sure changes to the CUP ordinance apply only to new CUPs.
“The approach I’m taking is if this allows for what happened with the warming center – which I thought was an incredible injustice – to happen again, it’s a problem,” Hunter said. “We need to make sure that this is written in a way that that can’t happen again.”
To revoke a permit, councilors would have to identify specific conditions violated that were material to granting the CUP. Council members would also have to make the decision based on a “preponderance of the evidence,” meaning the evidence would need to suggest that it is more likely than not that conditions were violated. If council finds that a property does not reflect the conditions of the CUP and revokes the permit after a public hearing, an applicant has 30 days to seek recourse through Flathead County District Court.
For properties that switch hands, new owners must submit an administrative renewal application, verifying and accepting the terms and conditions of the original CUP.
The ordinance will only apply to CUPs approved after Jan. 15, 2026, based on a recommendation city staff made after the Nov. 12 planning commission meeting. Councilors also approved an amendment put forth by Councilor Sid Daoud that extends the amount of time a permit holder has to bring their property into compliance from 15 to 30 business days.
The first reading passed with approval from the council majority, save for Councilor Kari Gabriel who was not present. Councilors Jessica Dahlman and Hunter both voted against changing the city ordinance.
Councilors also approved a preliminary plat for a subdivision located at 1859 South Meadows Drive.
The applicant, Roger Foley, initially proposed the development in the summer, requesting annexation, zoning for residential apartments, and a CUP for a 99-unit multi-family development. The council approved the annexation but modified the zoning to residential to match the zoning in the surrounding area.
The new proposal, North Meadows Subdivision, will feature 44 townhouse/attached single-family homes on a 12-acre lot near Ashley Creek. To make that possible, the developer requested several variances, including reducing the city’s standard setback of 200 feet from Ashley Creek to 100 feet in some areas due to the plot’s spatial limitations. A minimum 30-foot setback from the slope crest above Ashley Creek is required, according to the geotechnical report for the site.
During public comment, nearby residents said they were concerned about the development impacting wildlife in the area and encroaching on Ashley Creek, a stream that is classified as impaired according to state water quality standards.
Nygren said there are no official maps that detail a wildlife corridor around Ashley Creek and warned against requiring the 200-foot setback in all areas, noting that it could put the city at risk of liability for making the property “undevelopable.”
“We looked at all the wildlife maps that are going to be looked at,” Nygren said. “Everything that’s being said is not mapped. There is wildlife, yes, and the river … but the reality is that [Montana] Fish, Wildlife and Parks has not mapped any of that.”
The resolution passed with approval from Councilors Sam Nunnally, Sandy Carlson, Chad Graham and Mayor Johnson. Councilors Jed Fisher, Dahlman, and Hunter voted against the development. Councilor Daoud recused himself from voting due to previous conversations he had with neighbors when the development was initially proposed.
