Planning Department 201 1st Avenue East Kalispell, MT 59901

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Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
To:
Kalispell Planning Board
From:
Kevin LeClair, Senior Planner
Date:
September 9, 2014 Public Workshop
Subject:
Flathead High School Residential Parking District
In June 2014, the Planning Board received a request from a neighborhood committee asking that
the Planning Board investigate the creation of a residential on-street parking permit program for
the area around Flathead High School and Elrod Elementary School. The topic was discussed at
their next several meetings, and in August, they directed staff to schedule a public hearing on the
matter so the Board could gather community input before making a recommendation to the City
Council.
A public workshop was scheduled for the September 9, 2014 Planning Board meeting and a
public hearing was scheduled for October 14, 2014. A notice of public workshop and public
hearing was sent to all of the property owners and known residences inside and within 150 feet of
the proposed parking district boundary.
The residents in this neighborhood have long-complained about the impact of non-resident,
commuter parking on streets in the West Side Neighborhood of Kalispell. The concerns voiced
often deal with issues of safety, noise, litter, and the general tranquility of their neighborhood.
As discussed previously, neighborhood volunteers polled their neighbors regarding the creation
of a residential parking district. Based on this effort, a district boundary has been proposed that
encompasses 207 properties. Within the boundary, they made contact with 182 residents (88% of
properties) and 176 (97%) of them indicated support for the district. Five (3%) did not support
the district. The volunteers were unable to contact 7 of the properties and sixteen of the
properties appeared to be vacant. The image below shows the proposed district boundary.
Residential on-street parking permit programs have been used by many communities as a tool to
manage the demand for on-street parking space and address the deleterious effects of nonresident commuter parking on residential neighborhoods. Several communities in Montana have
adopted this technique, for example:
 Missoula, around the University of Montana and Hellgate High School,
 Bozeman, around Montana State University and Bozeman Senior High School,
 Helena, in and around the state capitol and downtown, and
 Great Falls, in and around downtown.
To assist the Planning Board in their consideration of this matter, a residential on-street parking
ordinance has been drafted. The draft ordinance is modeled on the City of Bozeman’s ordinance
and contains three sections. The first section (17-83-1) sets the general rules for creation of a
parking district. The second section (17-83-2) lays out what is required to obtain a permit. The
third, and final, section (17-83-3) is specific to the “Flathead High School Parking District” by
designating block faces, setting the hours and effective dates, and the exemptions for emergency
and service vehicles.
CHAPTER 17 MOTOR VEHICLES AND TRAFFIC
Article 4 STOPPING, STANDING, AND PARKING GENERALLY
17-83-1 Residential on-street parking permit program; Establishment.
A.
Pursuant to the powers granted to local governments pursuant to state law to
regulate the standing or parking of vehicles on public streets, the use of public streets
and traffic upon public streets, the city council may, after holding a public hearing on any
residential parking permit proposal, create, pursuant to ordinance, areas of the city to be
designated as residential parking permit areas during specified times of the day and
week if the city council finds that the residential area under consideration for such a
designation is:
1. Predominantly residential in character;
2. An area the streets of which are regularly congested with vehicles parked by
persons not residing in the area; and
3. An area where limiting the parking of vehicles along the public streets better
provides adequate motor vehicle parking for residents of the area; and finds that
the creation of a residential parking permit area in the residential area under
consideration would further one or more of the following objectives:
a. Promoting tranquility among commuters and residents;
b. Reducing noise;
c. Reducing traffic hazards; or
d. Reducing litter.
B.
Any ordinance designating an area of the city as a residential permit parking
area shall describe:
1. The designated public street area along which parking will be limited to vehicles
registered to or controlled and exclusively used by persons residing in the area;
2. Hours of each day and days of each week that the residential parking permit
regulations shall be in effect;
3. The individuals eligible to purchase a permit;
4. Effective dates of annual permits;
5. Any special provisions or exceptions applicable to schools, churches,
businesses, public park use, etc. within the residential area; and
6. Visitor permit or special gathering provisions for the residential area.
C.
Upon adoption of any ordinance by the city council designating an area for
residential permit parking only, signs shall be erected along the streets identified in the
ordinance prior to any enforcement of the residential parking permit regulation. The
parking signs erected shall give notice of the general nature of the parking limitation and
shall indicate the hours and days when such parking limitations shall be in effect.
17-83-2 Residential parking permits.
A.
Application procedure. Applications for residential parking permits shall be
submitted to the city on a prescribed form and shall be accompanied by proof in a form
satisfactory to the city of the applicant's place of residence within the residential parking
permit only area, as well as proof of registration of use and control of each vehicle for
which a residential parking permit is sought. Each application shall be accompanied by
the appropriate fee for each parking permit. No part of the parking permit fees shall be
refundable. The amount of the fee shall be established by resolution at a level that
covers the cost of administration and enforcement of the residential parking permit
regulations in the residential area.
B.
Form and issuance.
1. Upon approval by the city of the application of any person residing in a
residential parking permit only area, a residential parking permit shall be issued.
Upon approval by the city of the application of any person residing in a residential
parking permit only area for a temporary visitor's permit, such permit shall be
issued by the city. No more than two temporary visitor's parking permits shall be
issued annually for a single residential dwelling unit. Temporary visitors' parking
permits shall be used only by visitors of the dwelling unit to which the permits
were issued and are valid only while visiting that dwelling unit.
2. Each residential parking permit issued by the city for a vehicle shall set forth at
least the date of issuance and the license number of the vehicle for which it is
issued. Each temporary visitor's permit issued by the city shall set forth at least
the date of issuance and the address of the resident to which it is issued. Annual
permits shall be required. A permit shall be valid for no longer than the permit
year of issuance and is not transferrable. The issuance of a residential parking
permit does not guarantee that there will be a parking space available for the
permit holder on the public streets within the designated residential parking permit
area.
C.
Lawful display required.
1. Unless otherwise agreed to by a city parking control officer in writing,
residential parking permits shall be hung from the interior rearview mirror
facing the windshield. It is unlawful to either fail to display or improperly
display a residential parking permit, or to attempt to use a residential parking
permit from another area in a designated residential area.
2. It is unlawful for the holder of a residential parking permit to fail to surrender it
when directed to do so.
3. It is unlawful for any person to represent in any fashion that a vehicle is
entitled to a residential parking permit authorized by subsection A of this section
or other applicable provisions when it is not so entitled. The display of a
residential parking permit on a vehicle not entitled to such a permit shall constitute
such a representation.
4. It is unlawful for any person to duplicate, by any means, a parking permit
authorized by subsection A of this section or other applicable provisions. It is also
unlawful for any person to display on any vehicle such a duplicate parking permit.
17-83-3 Flathead High School Residential On-Street Parking Permit Program.
A.
The streets designated, pursuant to this section, as the Flathead High School
Residential On-Street Parking Permit Program, and hereinafter referred to as "FHS
Residential District", shall be as follows:

2nd Avenue West – both east and west sides of 500 block, 600 block, 700 block,
and 800 block

3rd Avenue West – both east and west sides of 300 block, 400 block, 500 block,
600 block, 700 block, 800 block

4th Avenue West – both sides of 300 block, 800 block, and 900 block

6th Avenue West – both sides of 500 block, 600 block, and 700 block

3rd Street West – south side of west half of 200 block, 300 block, and 400 block

4th Street West – north side of west half of 200 block, 300 block, and 400 block

5th Street West – north side of west half of 200 block, 400 block, 500 block and
east half of 600 block; south side of west half of 100 block, 200 block, 300 block,
400 block, 500 block, and east half of 600 block

6th Street West – north side of west half of 100 block, 200 block, 300 block, 400
block, 500 block, and east half of 600 block; south side of west half of 100 block,
200 block, and east half of 600 block

7th Street West – north side of west half 100 block, 200 block, 300 block, 500
block and east half of 600 block; south side of west half of 100 block, 200 block,
300 block, 500 block and east half of 600 block

8th Street West – north side of west half of 100 block, 200 block, 500 block, and
east half of 600 block; south side of west half of 100 block, 200 block, 300 block,
400 block, 500 block, and east half of 600 block

9th Street West – north side of west half of 100 block, 200 block, 300 block, and
400 block; south side of west half of 100 block, 200 block, 300 block, and 400
block

10th Street West – north side of west half of 300 block and east half of 400 block
B.
It is unlawful for any person to stop, stand, or park a vehicle on any street within
the area listed in section 17-83-3 .A, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, from August 15 to June 15, except for legal holidays, except for
the following circumstances:
1. Those vehicles displaying a valid Flathead High School residential parking
permit, a temporary FHS visitor's permit for that location, or a FHS temporary
service provider permit;
2. An emergency vehicle, including, but not limited to an ambulance, fire engine
or police vehicle; or
3. A clearly marked business vehicle which is under the control of a person
providing a service to persons or property located in the FHS Residential District,
including but not limited to delivery vehicles.
C.
These regulations will be enforced by the city police department.
D.
The department of public works will post signs in accordance with the Manual on
Uniform Traffic Control Devices that indicate the general nature of the restrictions and
the hours and days when the restrictions are in effect.
E.
Permits shall be issued for an annual permit year beginning July 1.
F.
The amount of the permit fees shall be established by resolution.
G.
Permits shall be issued by the city police department. Permits may be issued for
motor vehicles only upon application by a legal resident within the FHS Residential
District who has a motor vehicle registered in the applicant's name, or who has a motor
vehicle for the applicant's exclusive use and under the applicant's control; and satisfying
the requirements of section 17-83-2.
H.
No more than two visitor permits shall be issued annually to each single
residential dwelling unit for use by visitor vehicles.
I.
Nonresidential uses may be provided with posted time limit parking as approved
by the director of public works.
J.
Each business owner or individual employed with an address located along a
block frontage of the FHS Residential District is eligible to purchase one residential
permit.
K.
Annual visitor permits may be issued to nonresidential uses located within the
district for circumstances not otherwise provided for within this section.
L.
Upon request by a resident or employer within the FHS Residential District, the
city police department may issue special gathering permits.
M.
Residential permits shall become void if either the owner/operator of the vehicle
moves out of the FHS Residential District or the owner/operator of the vehicle sells the
vehicle. A permit holder who moves within the FHS Residential District or purchases
another vehicle and desires to transfer the permit must apply for such transfer and pay
the fee as established by resolution.
N.
The FHS Residential District boundaries may be revised by ordinance.
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