Resolution 5411 - Extension - Commercial Outdoor Lighting ComplianceA 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 Sa 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 21 ST DAY OF DECEMBE 09.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk