1. Resolution 5411 - Outdoor Lighting Compliance ExtensionPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Honorable Mayor and City Council
FROM: Jane Howington, City Manager
PJ Sorensen, Planner
SUBJECT: Outdoor Lighting
DATE: December 21, 2009
BACKGROUND: In 2005, the City Council adopted an ordinance providing for outdoor
lighting standards. Included in those standards was a provision that any commercial outdoor
lighting which does not conform to the regulations be brought into conformance by January 1,
2009. The retroactive requirement applies only to fixtures, and requires that unshielded fixtures
either be replaced with full cut-off fixtures or otherwise be shielded. The ordinance allows for
the Council to grant up to two extensions (up to a one year period each) based upon a specific
hardship and upon written request. Prior to the January 2009 deadline, the Council granted a
blanket one year extension for all businesses (see Resolution 5319, dated November 3, 2008),
which effectively extended the deadline to January 1, 2010.
At a work session on December 14, the Council indicated that staff should continue to
work with businesses to bring them into compliance. Council showed a willingness to grant a
short-term extension for all businesses (e.g. six months) to formulate a specific compliance plan,
with implementation to be completed within a reasonable time thereafter.
RECOMMENDATION: A motion would be in order to approve the Resolution providing a
six-month extension for compliance and a provision that, if a business has a specific hardship
and is unable to meet the six-month extension, staff should work with the individual business to
develop a reasonable compliance plan.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
PJ Sorensen
Planner II
Report compiled December 15, 2009
C: Theresa White, Kalispell City Clerk
Jane Howington
City Manager
A RESOLUTION SETTING FORTH THE POLICY OF THE KALISPELL CITY COUNCIL
REGARDING THE ENFORCEMENT OF THE KALISPELL OUTDOOR LIGHTING
ORDINANCE NO. 1563.
WHEREAS, on February 6, 2006, the Kalispell City Council passed Ordinance No. 1563, which is
codified within Kalispell City Code 27-22A and commonly known as the Outdoor
Lighting Standards; and
WHEREAS, the above described outdoor lighting ordinance requires all outdoor lighting in the City,
within a specified period of time, to conform to certain standards for the purpose of
controlling the amount of light escaping the premises upon which the source of lighting is
affixed; and
WHEREAS, on November 3, 2008 the Kalispell City Council passed Resolution No. 5319 which
considered the costs of compliance, along with the then current national and local
economic conditions and determined that it was in the best interests of the Kalispell
business community and the City to extend the date for noncompliant commercial
lighting uses for one additional year to come into compliance with such lighting
standards; and
WHEREAS, the one year extension provided by Resolution No. 5319 has expired and the Kalispell
Planning and Zoning Department reports that there remain approximately 80 commercial
properties noncompliant with the outdoor lighting ordinance, but that the majority of
these have working plans to correct such lighting violations; and
WHEREAS, the Kalispell City Council finds that, although Ordinance No. 1563 remains in the best
interests of the community, the current economic conditions may present certain
hardships to many businesses in the community, depending upon the specific situation of
each business, and that therefore the City should, at this point in time, exercise prudent
caution in the enforcement of the outdoor lighting ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. The City Manager is directed to provide such guidance as necessary to the
Kalispell Planning and Zoning Department to assist the property owners in the
City of Kalispell to come into compliance with the outdoor lighting ordinance,
keeping in mind the costs and nature of each situation such that the requirements
of immediate compliance does not unreasonably burden the property owners.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 21ST DAY OF DECEMBER, 2009.
F-l"M MI
Theresa White
City Clerk
Pamela B. Kennedy
Mayor