The Kalispell City Council debated and amended Ordinance 19-48, a proposal to add a clear revocation process for conditional use permits (CUPs) in city code chapter 27.33.

Staff presentation: Donnie Macbeth, planner, described the amendment as filling a gap in the code by explicitly confirming that a CUP may be revoked, establishing a written-notice and hearing process, setting a compliance cure period, permitting judicial appeal, and allowing reinstatement within one year of corrected compliance. "The proposed amendment is intended to close the gap under the framework of the Kalispell zoning ordinance," Macbeth said.

Key changes adopted: Councilors debated multiple amendments. After discussion and public comment — including remarks from a Realtors representative who supported clarity for buyers and developers — councilors voted to change the cure period for compliance from 15 business days to 30 business days. They also adopted an amendment clarifying that the ordinance’s changes will apply only to CUPs granted after Jan. 15, 2026. Those motions were approved by recorded votes.

Contested issues: Councilors split on several points. Councilor Hunter pressed to protect property rights and to require that revocation be limited to intentional, material misrepresentation or substantive code violations; he moved multiple amendments to that effect. Other councilors and staff said the city must be able to hold applicants accountable to representations made in applications, with staff noting the proposed code aligns with language used by neighboring jurisdictions. Debate also cited pending state changes (referred to as SB 382) that could affect local review authority. Some amendments that would have removed or softened language (for example removing the term “grace”) failed in roll-call votes.

Public input and legal context: The Institute for Justice letter and a settlement agreement involving the warming center were referenced during debate as background for concerns about due process and vested rights. Staff and the city attorney noted the settlement was a contract and does not itself change underlying zoning law; staff emphasized the code would not be applied retroactively to CUPs granted before the ordinance’s effective date.

Outcome: The council recorded votes on numerous amendments; the cure period change to 30 business days and the non-retroactivity clause (applying the ordinance only to CUPs granted after Jan. 15, 2026) were adopted. The transcript records multiple roll-call votes on amendments and clarifying edits; the council did not eliminate the revocation process but adjusted the language to address concerns about notice, intentionality, and timing.

Provenance: Staff report and initial presentation (SEG 375–SEG 446); public comment (SEG 896–SEG 1020); motions and roll-call votes on amendments and cure period (SEG 1024–SEG 1868); final amendment adding effective date adopted (SEG 4368–SEG 4410).