Eckels/KalispellTo Gary Gates/FAA Airports Division:
cc: City officials
re: Airport modifications since 1993
From: Steve Eckels, Kalispell
Hi Gary
I have done some checking with our zoning department and have discovered
that the Kalispell City Airport has never obtained
a "conditional use permit". I think the staff was under the
assumption/opinion that the airport was grandfathered in with "no
conditions regarding
changes". I know there have been a number of construction projects at
the airport since 1993 when the law went into effect 17 years ago. I
would like you to provide me with an itemized
the list of projects that have occurred during this time. I will be
checking with the zoning department and city officials as to the
necessary remedies for the public and for the
FBO which has been operating under this assumption of immunity.
The purpose of the conditional use permit is "to protect the public
health, safety and welfare". I would refer you to Kalispell Zoning
ordinance 27.2 "P-1 Public". (see below)
Airports are required to have the permit BEFORE "a structure (such as
runway) or building is altered, added to, enlarged, expanded or moved.
The grandfather provision applied so long as there are no changes to the
structre.
(See general provisions 24.34.010.)
This makes sense to me. Otherwise an entity could grow in an
ungovernable manner.
Therefore, to repeat - I would like to obtain an itemized list from you
of city airport modifications that have been done since 1993.
I am perplexed as to why this law was neglected and what it says about
the whole atmosphere going on here in Kalispell.
I would like to make a presentation to the City Council on Tuesday
evening, and would appreciate your prompt attention to my request.
Sincerely,
Steve Eckels
Excerpts From the Kalispell Zoning Law
27.20.010: Intent. A public district to provide and reserve areas for
public uses in order
to preserve and provide adequate land for a variety of community
facilities
which serve the public health, safety and general welfare. Such public
uses
would include schools, public buildings, parks, and open spaces, etc
27.20.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports, hangers and landing fields.
(2). Amusement park or zoo and similar out-of-doors activities.
(3). Assembly halls, coliseums, stadiums, convention hall facilities.
(4). Cemeteries, mausoleums, columbariums, crematories.
(5). Colleges, university - public and private.
(6). Community center, gym, swim pools - operated by public and
quasipublic.
(7). Community residential facility for eight (8) or fewer persons.
(8). Community residential facility for more than eight (8) persons.
(9). Electrical distribution station.
(10). Electric light and power generating station.
(11). Foster or group homes serving eight (8) or fewer persons.
etc.....
24.34.010 General Provisions.
(1). No structure, building or land shall be used, constructed, altered,
or
expanded where a Conditional Use Permit is specifically required by
the terms of these regulations until a Conditional Use Permit for such
use has been authorized by the city council and issued by the zoning
administrator.
(2). (Grandfather clause) Any use which was lawfully established prior
to the adoption,
extension or application of these regulations and the use is now
permitted by these regulations subject to a Conditional Use Permit,
may continue in the same manner and to the same extent as conducted
prior to said adoption or extension of these regulations without
securing a Conditional Use Permit provided that BEFORE the structure or
building in which said use is conducted may be altered, added to,
enlarged, expanded, or moved from one location to another on the lot,
or before said use may be expanded within the building or extended
over the lot on which said use is located, a Conditional Use Permit
shall be secured from the zoning administrator.