Kalispell moves forward with revised plan for accessory dwellings

The Kalispell City Council is giving accessory dwelling units a second chance.

The council reviewed a new text amendment regarding accessory dwelling units during a lengthy work session on Monday. A previous version of the text amendment lost traction earlier this year after months of council discussions about the possibility of expanding accessory-dwelling availability throughout the city.

The council will vote on the updated text amendment at its July 19 meeting.

The current iteration of the ordinance would allow accessory dwellings with an administrative conditional-use permit in the R-4, R-5, RA-1, RA-2 and H-1 zones.

Previously, the text amendment only required a conditional-use permit — which doesn’t carry a requirement to notify neighbors about the proposed change — in the R-4 and R-5 zones.

The amendment was also changed to include a parking requirement of two spaces, up from one space in the earlier ordinance. The revised version also clarified an accessory dwelling would be limited to 1,000 square feet of gross floor living space.

Council members continued to disagree about some of the specifics of the text amendment, particularly parking requirements, impacts to the character of neighborhoods, and concerns about the units being used as short-term rentals.

Two public commenters commended the council for making progress on the long-awaited text amendment.

But it remains to be seen whether the council will pass the revised amendment.

ON ANOTHER TOPIC, the council will need to have further discussion on the city’s approach to the Montana Marijuana Regulation and Taxation Act.

The legislation, signed by Gov. Greg Gianforte on May 18, implements the statewide legalization of recreational marijuana that voters overwhelmingly approved in November.

The act gives local governments the authority to regulate adult-use marijuana providers, as long as local rules aren’t “burdensome” for providers.

On Monday, the council debated whether Kalispell should treat marijuana providers like pharmacies, liquor stores or casinos — or whether marijuana sellers could be banned in the city altogether.

City Attorney Charles Harball informed the council: “The state is telling us, in no uncertain terms, you have to allow it.”

Marijuana sales could only be prohibited citywide through a local election. The issue would have to go through the typical ballot initiative process, starting with petitioning.

Otherwise, the city will need to put its local legislation in place for marijuana licensing by January 2022.

The final agenda item at the work session was Kalispell’s allocation of American Rescue Plan Act funds.

The city is eligible to receive $6,274,866.98 in Local Fiscal Recovery Funds, $3,554,001 in a Minimum Allocation Grant and up to $25 million, per project, in competitive State Fiscal Recovery Funds.

Public Works Director Susie Turner said the city hopes to use the funds for three sewer rehabilitation and replacement projects, an upgrade to the Grandview lift station and force main, replacement of roofs on two water reservoirs, and two wastewater treatment plant rehabilitation and replacement projects.

Reporter Bret Anne Serbin may be reached at 406-758-4459 or bserbin@dailyinterlake.com.