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Kalispell Council adopts zoning change allowing eaves to extend 2 feet into setbacks
Summary
The Kalispell City Council on Oct. 6 adopted Ordinance 19-46 to allow residential eaves to encroach up to 2 feet into side setbacks in R-1 through R-5 zones, a change staff said aligns local code with building and fire codes and could add modest usable floor space for homeowners.
The Kalispell City Council on Oct. 6 adopted Ordinance 19-46, a zoning-text amendment that allows residential eaves to extend up to 2 feet into side setback areas in the city’s R-1 through R-5 zones.
Planning staff member Mr. Nygren told the council the change aligns the city’s setback rules with the building code and common practice in other municipalities, while preserving the main wall of a house at the 5-foot setback. He said the amendment includes a supplemental regulation that requires fire-protection measures under any eave that encroaches within the 2-foot allowance.
The amendment was framed as a modest, low-risk way to give homeowners and builders more design flexibility on smaller lots. Peter Hagen of Hayden Homes told the council that allowing eaves into setbacks “brings meaningful benefits,” citing consistency with the International Building Code and saying the adjustment can create “an additional 80 to 140 square feet of usable interior space” per home. Mark Friedline of the Flathead Building Association said the change would promote consistency across neighboring jurisdictions and help housing affordability.
Council members described the amendment as an uncomplicated tool to reduce regulatory burden and expand design options. The council conducted a roll-call vote and the ordinance passed with all named members—Counselor Dowd, Counselor Dahlmann, Counselor Fisher, Counselor Hunter, Counselor Nunnally, Counselor Carlson and Mayor Johnson—voting Aye.
The ordinance amends Kalispell’s zoning ordinance (No. 16-77) by adding a residential setback eaves encroachment allowance (up to 2 feet) and updating related setback definitions. Planning staff said the change implements recommendations from Planning Commission findings (KZTA-2501) and complies with the building code requirement that eaves closer than 5 feet from a property line have additional fire protection.
The council adopted the text amendment as presented; implementation details and the specific code language adopted were included in the ordinance packet for the council.
