Kalispell council narrows new CUP revocation rules after lengthy debate

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…