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Council adopts ordinance allowing up to 2-foot eave encroachments into residential setbacks
Summary
The Kalispell City Council on Oct. 6 adopted Ordinance 19-46 to permit residential eaves to extend up to 2 feet into side-yard setbacks in R‑1 through R‑5 zones, aligning local rules with building-code limits and a planning commission recommendation.
Kalispell — The City Council adopted Ordinance 19-46 on Oct. 6 to amend the city zoning code so residential eaves may extend up to 2 feet into required side-yard setbacks in the R‑1 through R‑5 zoning districts.
The change, proponents said, updates local code to match building- and fire-code allowances and gives builders modest design flexibility as lot sizes shrink. "The building code allows for up to 2 feet encroachment," planning staff member Nygren told the council, adding that any eave encroaching within that distance would need fire-protective measures underneath.
Staff explained the amendment keeps the main exterior wall at the existing 5-foot setback while allowing the roof eave to project up to 2 feet beyond that line. Nygren said the planning commission adopted findings and forwarded a recommendation to the council (KZTA 25-01). He framed the change as a common practice in other jurisdictions that can reduce material waste and support architectural variety.
Peter Hagen, representing applicant Hayden Homes, told the council the revision "aligns with the International Building and Fire Codes" and argued the allowance could yield an additional "80 to 140 square feet of usable interior space" on smaller lots, which he said could support affordability for buyers.
Mark Friedline of the Flathead Building Association also voiced support, saying consistency with nearby jurisdictions and flexibility for builders would help make homes more affordable as lot sizes shrink.
Councilor Hunter called the amendment "a fairly easy one, low risk," and several council members said the change would let builders be "more creative" without raising safety concerns. Councilor Henry moved to adopt the ordinance; Councilor Nunley seconded. The council approved the ordinance on a roll-call vote with all members voting aye.
The adopted ordinance amends the city zoning ordinance (previously numbered 16-77) by adding setback-encroachment language for eaves and adjusting setback definitions for residential zones; it declares an effective date in the ordinance text. Further technical language and the specific code-section edits were included in the staff packet accompanying the ordinance.
