Kalispell City Zoning Code

No structure, building or land shall be used, constructed, altered, moved, or expanded where a conditional use permit (as used in this section "conditional use permit" includes both a full conditional use permit and an administrative conditional use permit unless otherwise noted) is specifically required by the terms of these regulations until a conditional use permit for such use has been issued.

Any use which was lawfully established prior to the adoption, extension, or application of these regulations and which is now permitted by these regulations subject to a conditional use permit, may continue in the same manner and to the same extent without securing a conditional use permit.

All changes made to Chapter 27.33 through Ordinance 1948 shall apply only to conditional use permits granted after January 15, 2026.

Application for a conditional use permit shall be made by the owner of the affected property on a form obtainable from the Zoning Administrator.

The completed application and associated fee shall be submitted to the Zoning Administrator. Said fee is not refundable.

Administrative uses fall into three categories:

An application for a conditional use permit shall be processed and reviewed in accordance with § 76-25-305, MCA and the review criteria in this Zoning Ordinance. Pursuant to § 76-25-305(4), public notice and participation shall be provided in accordance with the City's adopted public participation plan.

If a conditional use for which a conditional use permit has been granted is not in compliance with the requirements of the conditional use permit, the City may revoke that conditional use permit.

Prior to revocation, the City must send a written notice of revocation by certified mail to the property owner and the user of the property. The revocation notice must:

The City Council shall be the hearing body and follow its standard hearing procedures including, but not limited to, hearing from the conditional use permit holder, and any other witnesses through public comment. To revoke the conditional use permit, the City Council must make a finding that one or more of the criteria in subsection (4) below has been established by a preponderance of the evidence. In the case of a revocation of a conditional use permit, the determination of the City Council shall be final, unless recourse is sought in Flathead County District Court within 30 days.

The City Council may revoke, suspend, or reconsider a conditional use permit if it determines that:

As the granting of a conditional use permit is a matter of grace per Section 27.33.090, resting in the discretion of the City and a refusal is not the denial of a right, conditional or otherwise, the revocation, suspension, or reconsideration of a conditional use permit shall also be a matter of grace and not a denial of a right, conditional or otherwise.

A conditional use permit revoked pursuant to this section may be reinstated at the City Council's discretion within one year upon a showing that all requirements of the conditional use permit are being met and that any other deficiencies have been remedied. Should the requirements not be met and/or all deficiencies not be remedied within one year, a new application for conditional use permit must be submitted for review.

The conditional use permit shall not run with the lot, building, structure, or use. When a new owner, lessee or other operator intends to continue a conditional use, the new user must submit an administrative renewal application to the zoning administrator verifying terms and conditions of the original grant of the conditional use permit. If material changes related to the use of the property are proposed, the new user shall reapply for a new conditional use permit subject to this chapter.

The conditional use permit shall terminate 18 months from date of authorization if commencement of the authorized activity has not begun:

No conditional use permit shall be issued except upon a finding that the proposed use conforms to the requirements set forth in this chapter and that the proposed conditional use will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. An authorized conditional use may not be denied arbitrarily or if no specific adverse effect is found.

A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested: