Commission recommends zoning amendment clarifying conditional‐use permit revocation after heated public comment

The Kalispell Planning Commission on Nov. 12 recommended that City Council adopt a zoning text amendment (KZTA‑25‑02) clarifying the process and criteria for revoking conditional use permits (CUPs). The proposed amendment explicitly states that a CUP is revocable, prescribes notice procedures including a 15‑day cure period, establishes City Council as the hearing body with a 30‑day right to appeal to district court, enumerates findings that could justify revocation (material misrepresentation in the original application, noncompliance with approved conditions, or use inconsistent with the CUP), and allows for reinstatement if the property is brought into compliance.

Staff said the amendment is intended to provide clarity and procedural safeguards for both permit holders and the city. PJ (staff) explained that the changes largely codify practices that were clearer in earlier versions of the ordinance and align the city’s process with other Montana municipalities; the city attorney participated in drafting the text.

The amendment generated substantial public comment. Opponents — including Tanya Horn, director of the Flathead Warming Center, and multiple residents and nonprofit representatives — said the language could be used retroactively to target existing CUP holders and cited the center’s prior litigation with the city as evidence of potential abuse. Horn warned that revocable CUPs reduce predictability for nonprofits and businesses, could chill investment and lending, and said the warming center would contest any attempt to revoke its restored permit. Supporters, including some residents, said the city needs a clear enforcement tool when CUP conditions are violated (examples cited: excessive hours, nuisance activity, or noncompliance with permit terms).

Staff and commissioners discussed triggers and standards for revocation. PJ emphasized that the draft requires a finding by a preponderance of the evidence and provides for notice, an opportunity to cure, and judicial appeal; staff also pointed to similar language used in other Montana cities. The Planning Commission voted to recommend the amendment to City Council; the council hearing is scheduled for Dec. 1.

Next steps: City staff will transmit the draft language and the commission’s findings to City Council for consideration. If the council adopts the amendment, the city will update application materials and administrative practices to reflect the clarified process. Opponents signaled potential legal challenges if the amendment is used to target previously settled CUP disputes.