Kalispell’s City Council spent a large portion of its Nov. 10 meeting debating changes to the city zoning code that would clarify when and how conditional use permits (CUPs) can be revoked. The ordinance, introduced as No. 19-48, would add an explicit revocation procedure to section 27.33 of the Kalispell Municipal Code, require certified‑mail notice identifying alleged material misrepresentations or violations, set a deadline for correction, and preserve the council as the hearing body with judicial appeal available to Flathead County District Court.

Donnie Macbeth, planner 2, told the council the proposed amendment responds to a gap left by a 2008 code update and would: confirm a city’s authority to revoke a CUP; require written notice that identifies the material misrepresentation or the conditions violated; establish a 30 business‑day correction period (amended from 15 days during council debate); set council hearing procedures and allow appeal to district court within 30 days; and create a pathway for reinstatement if compliance is restored within one year. “The proposed amendment is intended to close the gap under the framework of the Kalispell zoning ordinance,” Macbeth said in the staff report.

Councilors asked how the change would affect older permits, whether routine engineering projections such as traffic impact studies could be treated as ‘‘material’’ misrepresentations, and whether state law or pending changes (referred to in the meeting as Senate Bill 382/3D2) would preempt local authority. Councilor Hunter warned that treating projections as material could risk revoking CUPs based on facts that were not knowable at approval, citing the city’s recent settlement over the warming center as a cautionary example. City staff responded that existing CUPs remain governed by the rules in place when they were issued and that due process and judicial review would remain available.

Several amendments were proposed. A motion by Councilor Hunter to require that any misrepresentation be ‘‘intentional’’ failed on roll call. Another amendment, offered by Councilor Dowden, lengthened the compliance window from 15 to 30 business days; that change was adopted. Councilor Hunter also proposed removing language that would make CUPs run only at council discretion after issuance; that motion failed 6–2. Late in the meeting the council adopted an amendment clarifying that changes made by Ordinance 19-48 would apply only to CUPs granted after Jan. 15, 2026 — a measure staff said would avoid retroactive application to pre‑existing permits.

Representatives of the real‑estate community urged certainty and clear recording of CUPs. “When a Realtor sells a property it’s important…that neighbors know what the conditional use permit can and cannot do,” Erica Wertila of the Northwest Montana Association of Realtors told the council during public comment. She asked for clear complaint standards and for CUP application material to be recorded so it appears on title.

The council’s votes on amendments were mixed. For example, a motion to strike a proposed renewal requirement for new owners (section 27.33.0.060) failed with Dahlmann and Hunter voting Aye and the remaining members voting No. The meeting record shows the council ultimately inserted the Jan. 15, 2026 effective date language and approved the ordinance as amended.

Councilors framed the issue as a balance between protecting property rights and giving the city tools to hold permit holders accountable if conditions are violated. Several members stressed that revocation is a legal, not arbitrary, action and emphasized the role of findings of fact and record support for any council decision. The ordinance now includes a clearer notice and hearing framework, a 30 business‑day correction window, and an explicit effective date limiting coverage to CUPs issued after Jan. 15, 2026.

The council did not adopt any immediate enforcement action tied to the ordinance in the meeting; the changes define a process for future revocation proceedings should the city pursue one.

What happens next: Ordinance 19-48 was amended on the floor; staff and legal counsel advised the council about appeal rights and the potential need to tweak language as state law evolves. The ordinance, as amended, will be incorporated into the City Code and apply to CUPs granted after Jan. 15, 2026.