The first extensive revamp of Flathead County zoning regulations in nearly two decades is well underway, with a fourth workshop planned later this month.

Commissioner Gary Krueger got the ball rolling on an overhaul of current zoning regulations during a joint workshop with the commissioners and Planning Board in March. The two groups decided to proceed with an update that’s more than a few minor text amendments but not a full-blown rewrite of the regulations, according to Planning Director BJ Grieve.

“Originally they wanted to go out for a full series of issue identification meetings with the public, but backed away from that due to the time and resources it would consume,” he said.

Instead, the Planning Board and staff have compiled a list of issues with the regulations that have surfaced over the years. Some of the suggested changes were spurred by planners interacting with people who come to the Planning Office with questions.

Sixty-nine issues were identified, including questions about land uses, signs and parking, administrative procedures, conditional-use standards, performance standards and definitions.

At its Aug. 13 workshop the Planning Board looked at the first five possible text amendments, most of which are minor changes to wording. The next workshop on Sept. 25 will look at several potential changes to land-use regulations.

For example, agricultural uses are permitted in the agricultural, suburban agricultural, residential 2.5-acre (R-2.5) and 1-acre (R-1) zones, but livestock is listed separately in the residential zones but not the agricultural zones. Is this implied or should livestock be added to the list, the planning staff asked.

By the same token, private stables are permitted in the R-1 zone but are listed in the suburban agricultural zones as a conditional use.

“This seems inconsistent with the intent of these zones,” the planning staff noted in its report.

Conditional-use standards are the focus of several issues that may yield recommended changes.

One resident noted the criteria for the burden of proof for a conditional-use permit is on the applicant to prove how the use will not impact neighbors. He suggested the regulations should be changed to require the burden of proof to be on the neighbors to prove how the conditional use will harm them.

Krueger said he sees the forthcoming regulation changes as a way to create a better local economy. During his commissioner campaign last fall he said the county’s permitting process needs to be loosened up and accelerated to give prospective small-business owners more flexibility.

Among Krueger’s suggested changes to the conditional-use process was adding a provision voiding a conditional-use permit once it is no longer needed. Currently the permit travels with the property even if the use was intended for a limited time.

Krueger also sees an issue with a current regulation that discontinues a nonconforming use if that use hasn’t occurred in 180 days.

He cited the example of a restaurant operating in an unzoned area of the county. If that area eventually was zoned, say for residential use, the restaurant then becomes a nonconforming use and is grandfathered.

“If the owner goes broke and there’s no longer a restaurant there, if it’s put up for sale and sits more than 180 days for sale, it can no longer be used as a restaurant,” Krueger said. “That restaurant asset is no longer available.”

That scenario makes it more difficult for another owner to use the property for a restaurant. Krueger would like to see the 180-day limit extended to a year, or establish a conditional-use process in which that restaurant use would be recognized as a grandfathered use even if the business had been closed for 180 days or longer.

Krueger said during his campaign he feels the county has been sued in too many cases, oftentimes because of contradictory language in zoning regulations or the growth policy. Cleaning up some of the incongruities could help the county avoid expensive lawsuits, he said.

Several more Planning Board workshops are anticipated before public hearings are held on the proposed changes, according to Erik Mack, the Planning Office planner handling the regulation updates.

Hearings for the proposed text amendments may focus on a few changes at a time to make the process more manageable, he said.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.