Local lighting ordinance to be enforced in phases

Kalispell’s 2005 dark skies ordinance finally will be enforced but, as a nod to the economy and those who are trying to comply, in a phased approach.

Specifics of that phase-in for compliance will come back to the City Council for a vote next Monday.

P.J. Sorensen, a planner with the Kalispell Planning Department, recapped a history of the commercial outdoor lighting ordinance.

It requires full cut-off shielding that directs lights only to the owner’s property and eliminates glare to neighboring property or the skies.

Council agreed to focus enforcement on businesses, and require residential compliance only on a complaint basis.

Originally, Jan. 1, 2009, was the deadline for compliance, with two one-year extensions possible.

Last year about this time the council granted a one-year extension to every business because of the economy, and put out the word that planning staff was available to help answer questions on the most cost-effective way to comply.

Eighty letters went out to businesses that did not comply at that time. Since then seven complied, eight let the planning department know of the work they have done to begin complying and another 20 talked with the office about remediation plans. But 45 still have not been in contact with the city at all.

Now the deadline is at hand. Planners asked council members at their work session how they want the department to proceed.

Council members Wayne Saverud and Bob Hafferman asked for some cushion.

“Businesses are struggling,” Saverud said. “I think leniency is called for.”

Hafferman asked for a stay in enforcement until the council can determine employment levels from when the standards were adopted in 2005, and align them with current levels.

Saverud asked about the city’s own compliance, and learned that street lights are exempted from the regulations. However, Sorensen added, Flathead Electric Cooperative has replaced some street lights with energy-efficient models that also cut glare.

Kari Gabriel reminded the council that when she voted for last year’s extension she said she didn’t want to see another extension request this year.

“We need to get this moving,” Gabriel said. “If it’s a financial hardship, that’s fine. But not if it’s just because they don’t feel like doing it.”

Duane Larson asked about protocol of requiring businesses to state specifics if they claim financial hardship.

City Manager Jane Howington suggested the city could offer a year’s extension for companies working toward compliance, but require quarterly progress. It would honor their intention to comply and help produce a list of businesses eligible for enforcement action, she said.

“The focus is general, over-time compliance,” not to trap them, Planning Director Tom Jentz said. Some lighting will be very expensive to install, while others are minor adjustments. “This has got to be a helping hand. We can’t take the heavy-handed approach.”

Reporter Nancy Kimball can be reached at 758-4483 or by e-mail at nkimball@dailyinterlake.com