Chapter 3
SPECIAL PROVISIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955
11-3-1: ACCESSORY APARTMENTS:
11-3-2: ACCESSORY BUILDINGS:
11-3-3: ARCHITECTURAL STANDARDS:
11-3-4: BED AND BREAKFAST ESTABLISHMENTS:
11-3-5: BUILDING HEIGHT:
11-3-6: CARETAKER'S UNIT:
11-3-7: CASINOS:
11-3-8: CLEAR VISION TRIANGLE:
11-3-9: DAYCARE CENTERS:
11-3-10: DWELLING GROUPS:
11-3-11: FENCES AND RETAINING WALLS:
11-3-12: GUESTHOUSES:
11-3-13: HOME OCCUPATIONS:
11-3-14: LOTS:
11-3-15: PROFESSIONAL ARTIST'S STUDIO/GALLERY:
11-3-16: PROFESSIONAL OFFICES:
11-3-17: RETREAT CENTER:
11-3-18: SERVICE STATIONS:
11-3-19: SHIPPING CONTAINERS:
11-3-20: SWIMMING POOLS:
11-3-21: TEMPORARY USES:
11-3-22: USES REGARDING ANIMALS:
11-3-23: VENDORS:
11-3-24: WIRELESS SERVICE FACILITIES:
11-3-25: OUTDOOR LIGHTING STANDARDS:
11-3-26: OPTIONAL ZONING COMPLIANCE PERMIT (REP. BY ORD. 11-04, 4-18-2011):
11-3-27: LAKESHORE PROTECTION ZONE DELINEATION AND SETBACK:
11-3-28: COMMUNITY DECAY:
11-3-29: WATER QUALITY PROTECTION:
11-3-30: PERSONAL SERVICES:
11-3-31: MUSIC AND DANCE SCHOOLS AND STUDIOS:
11-3-32: RECREATIONAL VEHICLE STORAGE:
11-3-33: EROSION AND SEDIMENT CONTROL:
11-3-34: MEDICAL MARIJUANA:
11-3-35: SHORT TERM RENTAL STANDARDS:
11-3-36: MANUFACTURED HOME PARK STANDARDS:
11-3-37: RECREATIONAL VEHICLE PARK AND CAMPGROUND STANDARDS:
11-3-38: AIRPORTS, HELIPORTS, AND HELIPADS:
11-3-39: ARTISAN MANUFACTURING:
11-3-40: MICROBREWERIES AND MICRODISTILLERIES:
11-3-41: LIVE/WORK UNITS:
11-3-42: MULTI-FAMILY DEVELOPMENT STANDARDS:
11-3-43: MIXED-USE AND NON-RESIDENTIAL BUILDING DEVELOPMENT STANDARDS:

11-3-1: ACCESSORY APARTMENTS:linklink


A. An accessory apartment must be attached to a primary single-family dwelling or attached to a garage located behind a primary single-family dwelling on the same lot. The floor area of the accessory unit shall not exceed six hundred (600) square feet. The accessory unit may include kitchen and bathroom facilities. An accessory apartment shall be limited to a single level, for example located on the second floor of a garage or located within the basement of a residence.


B. The lot must conform to the minimum lot size requirement of the applicable zoning district. The street frontage of the lot may not be less than thirty feet (30'), except for flag lots that meet minimum lot size, setback, and parking requirements. Only one accessory apartment or guesthouse per lot is permitted.


C. The accessory dwelling may not be rented or leased as a separate residence unless the property owner maintains permanent residence in the primary dwelling. Rent or lease of the accessory dwelling for a period of less than one month is not allowed. Prior to issuance of an occupancy permit, the applicant shall provide the zoning administrator a recorded copy of a deed restriction or restrictive covenant with this language.


D. One off street parking space must be provided for the accessory unit in addition to the parking requirements of the primary dwelling, in accordance with the parking and loading provisions of this title1.


E. The landscaping chapter of this title2 shall apply. (Ord. 04-03, 3-1-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098807
11-3-2: ACCESSORY BUILDINGS:linklink


A. Accessory buildings meeting the definition in section 11-9-2 of this title are allowed in all zoning districts. Accessory buildings less than two hundred (200) square feet in floor area and not intended for human occupancy do not require building permits. (Ord. 16-03, 2-1-2016)


B. Accessory buildings in residential zoning districts are subject to the setbacks and lot coverage standards listed in each district, and no accessory building in a residential district may exceed twenty four feet (24') in height. Any accessory structure in a residential district with a building footprint exceeding six hundred (600) square feet shall meet the setbacks for a primary structure. All standards in this subsection apply to resort residential zoning districts as well.


C. Regardless of setbacks, it is the responsibility of the property owner to prevent roof drainage, including snow, from falling or flowing onto adjacent property.


D. Accessory buildings in nonresidential districts are subject to the same setbacks as a primary structure.


E. No accessory structure in a residential or resort residential district may be set forward of the foundation line of any principal structure on the same lot or parcel regardless of the actual setback dimension of the principal structure. The zoning administrator may waive this provision for just cause due to lot configuration, topography, environmentally sensitive areas, tree preservation, or similar physical factors on the subject property. (Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098808
11-3-3: ARCHITECTURAL STANDARDS:linklink


A. Purpose: The architectural design standards are based on a commitment to preserving the city's historic character and heritage through high quality design of new and significantly modified buildings. The purpose of this section is to inform property owners about the adopted design policies. Understanding these policies will help owners in making decisions about their buildings by focusing on the principles of urban design which promote an environment scaled to pedestrians, while maintaining cohesive neighborhood identity and respecting the unique qualities of Whitefish.


B. Scope: The architectural standards apply to construction of all new buildings, including residences constructed in a commercial district, except detached single-family within the city's zoning jurisdiction. In addition, with regard to all applicable buildings, any additions or exterior modifications or alterations will invoke compliance with the standards for altered components. The zoning administrator or designee may waive this requirement if it is determined that the modification is insignificant and inconsequential to the purpose and intent of the architectural standards. Finally, any resumption of use after abandonment will require compliance with the standards.

In cases where the city council has reviewed building design through the conditional use permit or planned unit development process, the city council is not the final architectural review approval, but an approval of the conceptual plans. Final architectural review shall be required from the architectural review committee prior to submitting a building permit application.

In any development containing more than one multi-family and/or townhouse structure, the architectural review committee shall review building plans for such structures to assure that there is visual variety and distinctiveness of exterior appearance among multi-family structures in the same development. The objective of this provision is to avoid visual monotony among multi-family structures while encouraging a common, high quality design theme. If two (2) or more developments containing more than one multi-family and/or townhouse structure occur in close proximity to one another, the architectural review committee shall review building plans for such structures to assure that they are all substantially varied in exterior appearance from other multi-family structures in a neighboring development.


C. Applicability: The architectural design standards supplement the city's zoning regulations as a stand alone document. The city adopted the architectural design standards by ordinance as zoning regulations and have the same force and effect as all of the city's zoning regulations. A violation of the architectural design standards may be enforced pursuant to chapter 7 of this title. The standards contain both broader objectives and more specific architectural and lighting guidelines than the zoning regulations. This section creates the mechanism for adopting the architectural standards within the zoning jurisdiction.

Although the standards are more than merely advisory, they also allow room for consideration of design proposals not found within the standards. Each project is different. Therefore, some standards might be emphasized while others are deemphasized, but no standard will be overlooked.

The objective of the standards is to encourage quality building and development to enhance both the natural and built environments in Whitefish.


D. Architectural Review Committee: Provisions relating to the architectural review committee are provided for in title 2, chapter 10 of this code.


E. Contents Of Standards: See the architectural review standards document for the application procedures and appeals provisions.

1. The standards cover the following topics:

a. Site planning.

b. Landscaping.

c. Parking.

d. Lighting design.

e. Required architectural building design elements. (Ord. 09-13, 8-17-2009)

2. The standards break the city up into four (4) different zones with specific standards for each. The design standard zones are: (Ord. 14-21, 1-5-2015)

a. Resort community business district (Wisconsin Avenue and Highway 93 North). (Ord. 09-13, 8-17-2009)

b. Highway district (Highway 93 South and areas zoned industrial).

c. Old Town district: central, south, railway.

d. Residential district (duplex or larger). (Ord. 14-21, 1-5-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098809
11-3-4: BED AND BREAKFAST ESTABLISHMENTS:linklink


A. The operation of a bed and breakfast shall be limited to single-family houses. Preference is given to houses on, or eligible to be placed on, the national register of historic places.


B. Preference is given to bed and breakfast uses on collector and arterial streets.


C. The residential structure shall not be significantly modified to provide additional sleeping rooms or exhibit a nonresidential appearance.


D. Signage shall be architecturally compatible to the residence and shall not flash, rotate or blink.


E. A family or manager must be in permanent residence and maintain full use of the kitchen and at least one bedroom.


F. Sleeping quarters and breakfast facilities shall not be allowed in an accessory building.


G. Overnight lodgers shall not have direct access to cooking facilities although the permanent residents of the dwelling may provide breakfast service to the guests.


H. Use of the residential structure shall be limited to the exclusive use of the resident dwellers and their overnight guests. No other use such as a restaurant, bar, or other use which attracts nonboarding customers is permitted. No alcoholic beverages will be sold on the premises. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098810
11-3-5: BUILDING HEIGHT:linklink

Buildings higher than thirty five feet (35') shall adhere to the following3:


A. Provide suitable ladder access to all occupiable areas and the roof, as approved by the fire marshal. The building shall be constructed of noncombustible materials, except for interior improvements. Install sprinklers to comply with NFPA13 standards, regardless of building square footage.


B. No portion of a building above thirty five feet (35') in height, or two (2) stories, whichever is less, shall be closer than twenty (20) horizontal feet from the street right of way, in order to mitigate the aesthetic impact of additional height from the street. (See diagram in section 11-8-1, appendix D of this title.)


C. The maximum diagonal horizontal dimension of any portion of a building in excess of thirty five feet (35') in height shall be one hundred twenty feet (120') measured to the outside of the building face, in order to limit excessive massiveness in taller buildings. A minimum separation of thirty feet (30') shall be maintained between those portions of structures exceeding thirty five feet (35') in height, except for uninhabited architectural extensions. (See diagram in section 11-8-1, appendix D of this title.) (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098811
11-3-6: CARETAKER'S UNIT:linklink

A caretaker's unit is a residential structure or portion of a structure intended for permanent occupancy by a manager, watchperson, family, property owner or employee for the purpose of security, oversight, convenience or caretaking of the use or activity being conducted. A caretaker's unit must comply with all of the following criteria:


A. The caretaker's unit be secondary or accessory in nature to the primary commercial use of the property.


B. The caretaker's unit be placed on the same lot as the commercial property or tied to it by deed restriction should the commercial property be on an adjacent lot.


C. The caretaker's unit shall not be sold off separately or severed from the commercial use of the property.


D. The caretaker's unit shall provide two (2) off street parking spaces and comply with the access, paving and parking requirements of the zone.


E. The caretaker's unit shall abide by all setback and height requirements of the zone.


F. Only one caretaker's unit per lot or commercial use. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098812
11-3-7: CASINOS:linklink


A. The city council may amend the zoning jurisdiction regulations and create within the WB-2 district a specific geographic area defined as casino overlay zone.


B. A new casino may only be located within a WB-2 district in a location specifically designated casino overlay zone on the official zoning jurisdiction map.


C. Those casinos that exist outside of a designated casino overlay zone shall be considered nonconforming and shall be regulated according to section 11-7-11 of this title. The addition of any gambling machines or gambling devices or increase in number of gambling machines or gambling devices shall be considered an expansion of use under subsection 11-7-11D of this title. (Ord. 00-06, 4-3-2000; amd. Ord. 05-25, 11-21-2005)


D. A nonprofit entity which holds appropriate state alcoholic beverage and gambling licenses and which is a legal nonconforming use not located within the casino overlay, as described in this section, may operate up to four (4) gambling machines subject to the following restrictions:

1. No signs or advertising of any type can be used to publicize the existence of gambling machines, gambling opportunities, or a casino; and

2. Use of gambling machines must be primarily by members of the nonprofit entity. (Ord. 06-06, 4-3-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098813
11-3-8: CLEAR VISION TRIANGLE:linklink

A "clear vision triangle", as defined in section 11-9-2 of this title, shall be maintained on the corners of all public and private property within the intersection of roadways or of a roadway and railroad. The clear vision area shall contain no trees, shrubs or other plantings, nor any fences, walls, signs or other temporary or permanent sight obstructions of any nature exceeding thirty inches (30") in height above the existing centerline elevation of the adjacent roadway, except that trees exceeding thirty inches (30") in height may be permitted if all branches and foliage be removed to a height of nine feet (9') above the existing centerline of the adjacent roadway. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098814
11-3-9: DAYCARE CENTERS:linklink

Daycare centers providing for thirteen (13) or more individuals shall:


A. Provide a suitable drop off and pick up facility. This shall be based on the maximum number of individuals cared for at a single time. There shall be twenty feet (20') of signed loading area for each eight (8) individuals.


B. Where outside play facilities are provided, there shall be maintained a six foot (6') sight obscuring fence around the play yard and the play yard should be situated on the rear one-half (1/2) of the site.


C. In all residential zones (WCR through WR-4) and resort zones (WRR-1 through WRB-2):

1. Existing residential structures shall not be significantly modified so as to exhibit a nonresidential appearance.

2. Signage shall be architecturally compatible to the primary building and shall not flash, rotate or blink.

3. Preference is given to daycare facilities located on collector or arterial streets. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098815
11-3-10: DWELLING GROUPS:linklink

When authorized as a use in the zoning district in which it is proposed to be located, a dwelling group may be developed subject to the issuance of a conditional use permit in accordance with the provisions of section 11-7-8 of this title and subject also to compliance with all of the following site requirement conditions:


A. The number of dwelling units permitted on the site shall be based upon the density limits of the zoning district.


B. The yard, height, lot coverage and area requirements of the district shall apply to the entire site.


C. No two (2) buildings containing dwelling units shall be closer together than twice the minimum side yard for the district.


D. A permanent open court shall be required adjoining the entire length of every building containing a dwelling unit. The court shall have a depth equal to the minimum front yard required in the district. In no case shall the minimum rear yard of the site be used to furnish the required court area.


E. Off street parking shall be provided in accordance with the parking and loading provisions of this title4. Where necessary to avoid congestion on abutting streets in a single-family district, the city council may require additional spaces for visitor parking.


F. A permanent ten foot (10') landscaped strip shall be maintained along the side and rear lot lines of the entire development. Such strips shall not be used as drives or for parking.


G. The location, size, nature and topography of the open space areas shall be suitable for use as common areas for park, recreational purposes and buffer areas between groups of homesites. Not more than fifty percent (50%) of the open space areas resulting from the clustering of dwellings shall have a slope in excess of twenty percent (20%).


H. Adequate provision shall be made for the perpetual maintenance of all open space areas by the inclusion of covenants running with the land in the deeds or other instruments of conveyance which delineate such open areas. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098816

The section below has been affected by a recently passed ordinance, 20-03 - FENCES AND RETAINING WALLS. Go to new ordinance.

11-3-11: FENCES AND RETAINING WALLS:linklink


A. Fences: The following fence regulations shall apply to all districts except the WA zone:

1. No fence, hedge or freestanding wall (not supporting a building or structure) anywhere within or bounding the front yard shall exceed forty eight inches (48").

2. An ornamental entry may exceed the maximum height in subsection A1 of this section, when constructed at the entrance to a new subdivision, planned unit development or multi-family development. No such entry shall exceed more than thirty percent (30%) of the width of the parcel at the front lot line, interfere with any clear vision zones or exceed eighteen feet (18') in height.

3. No fence or freestanding wall within or bounding a rear or side yard from the point of the front setback line shall exceed a height of six and one-half feet (61/2').

4. Open wire fences exceeding the above height may be built around schools or other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.

5. Open wire fences exceeding the above height may be built around tennis courts and swimming pools at the discretion of the zoning administrator after giving consideration to location of planned courts or pool safety, and effects on the neighborhood.

6. Security fences are allowed in side and rear yards up to eight feet (8') in height when used to enclose commercial or industrial storage yards.

7. Barbed wire fences are allowed only in the WA, WCR and WSR zones. Furthermore, they may be allowed along the boundary of any district which directly abuts the side or rear of a WA, WCR or WSR Zone.

8. In the WCR through WR-1 Zones, usable pasture and the enclosing fence shall not be allowed in the front yard setback or closer than two feet (2') from a property line or ten feet (10') from a residential dwelling. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)


B. Retaining Walls: Retaining walls help facilitate development of lots with steep terrain by leveling certain areas or inhibiting sloughing. Retaining walls can help reduce the steepness of slopes enabling the development of a lot. The purpose of these retaining wall standards is to ensure the natural topography is maintained to the greatest extent possible, that exceedingly tall walls are not constructed, that landscaping is implemented to mitigate the effects of terracing and that the scale and texture of the retaining wall complements the character of the neighborhood.

1. All retaining walls in the City limits shall require a building permit unless clearly a wall installed for landscaping purposes.

2. Retaining walls shall not exceed four feet (4') measured from adjacent finish grade on the downhill side. Where greater heights must occur, the project shall use a series of terraced or stepped walls. The width of a retaining terrace shall be no less than three feet (3') and shall incorporate landscaping.

a. Retaining walls necessary to accommodate vehicle or pedestrian access to a building may be up to eight feet (8') in height from finished grade. Such retaining walls are not subject to the terracing described above.

3. If the retaining walls needed for a particular project are unable to meet the standards in subsection B2 of this section due to extreme topography or other unique land features, a proposal may be submitted to the Zoning Administrator for a waiver to these standards. Such a request shall include the following information:

a. A grading plan;

b. A draining plan;

c. Section drawings;

d. A landscaping plan;

e. An elevation showing the proposed materials; and

f. Any other items needed to show the full extent of the proposal.

4. Retaining walls in the lakeshore protection zone shall be exempt from these regulations and shall be regulated by the appropriate lake and lakeshore protection regulations. (Ord. 13-01, 1-22-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098817
11-3-12: GUESTHOUSES:linklink


A. A guesthouse must be located in a detached accessory building on a lot for which the primary use is a single-family residential dwelling. A guesthouse may also be one component of an accessory building, such as over a detached garage, workshop, or residential storage building. A guesthouse may be on more than one level and may contain cooking and bathroom facilities. There is no limit to total floor area, but guesthouses are subject to all standards of the applicable zoning district, including total lot coverage. (Ord. 19-14, 7-1-2019)


B. Any lot on which a guesthouse is located must conform to lot size and width requirements for the applicable zoning district. Guesthouses will not be permitted on lots of substandard size and/or width.


C. A guesthouse may not be permitted as accessory to a multi-family unit or attached single-family unit of any kind, nor to a nonresidential use.


D. Only one guesthouse per lot is allowed.


E. One off street parking space shall be provided for any guesthouse of one thousand two hundred (1,200) square feet total floor area or smaller, and for any guesthouse over one thousand two hundred (1,200) square feet, two (2) spaces shall be required. Required parking for guesthouses is in addition to off street parking required for the primary residence. (Ord. 05-25, 11-21-2005)


F. No rent may be charged or received for any guesthouse in any nonresort Residential District, except that for a guesthouse used as quarters for domestic workers working on the premises, rent may be charged as part of the compensation arrangement between domestic worker(s) and owner. In resort residential districts, guesthouses may be rented for any term of occupancy allowed in the applicable resort residential district. Guesthouses may not be used as a permanent residence for anyone employed in a home occupation on the subject property. (Ord. 05-25, 11-21-2005; amd. Ord. 16-04, 2-16-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098818
11-3-13: HOME OCCUPATIONS:linklink


A. Registration And Licensing Required: Home occupations that have employees and/or drop in customers must have an approved "to scale" site plan that shows required off street parking. Home occupations operating within the city limits must also obtain a city business license. (Ord. 14-21, 1-5-2015)


B. Conditions: Home occupations are permitted in any dwelling unit, subject to the following provisions. An occupation which does not comply with the following criteria shall not be deemed a home occupation:

1. Not more than one person other than members of a family residing on the premises shall be engaged in a home occupation. If more than one nonfamily member is to be engaged in a home occupation, a conditional use permit is required.

2. The use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than an area equal to one-fourth (1/4) of the gross floor area of the primary residence shall be used for the home occupation. If an accessory building is proposed for use, only an area not to exceed one-fourth (1/4) of the gross floor area of the primary residence shall be used. Additional area in both cases is allowed only by granting of a conditional use permit.

3. No exterior display, including window displays, shall be permitted.

4. No outdoor storage shall be permitted.

5. Exterior signs shall be restricted to a building mounted sign a maximum of two (2) square feet and shall comply with the provisions of subsection 11-5-6-4A2 of this title.

6. There shall be no other exterior indication of the home occupation.

7. No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of the residence or cause a nuisance to surrounding residences, because of vibration, noise, dust, smoke, odor, interference with radio or television reception or any other factor.

8. Any need for parking generated by the conduct of the home occupation shall be met off the street on site.

9. The home occupation shall not generate pedestrian or vehicle traffic in excess of that which is characteristic of the neighborhood in which it is located. Vehicle traffic may not be increased by more than one at a given time or by more than eight (8) during any one day.

10. No home occupation shall generate as a byproduct for disposal or cause to be dumped in a city sewer any hazardous waste including chemicals and cleaners, other than the volume and types that would be normally generated by a typical single-family home.

11. No home occupation shall cause an increase in any one or more utilities (water, sewer, garbage) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

12. In no case shall a home occupation consist of any of the following:

a. Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as automobiles, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines), or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts, with the exception that automobile detailing services are allowed provided that washing occurs off site and detailing occurs only within an enclosed garage one vehicle at a time with no outside storage of additional vehicles not owned by the resident.

b. Equipment or vehicle rentals.

c. Retail sales with stock and trade on premises, with the exception of yard and garage type sales (see subsection C of this section).

d. Storage of household goods, equipment, or materials not owned by the resident.

e. Extermination services.

f. Pet boarding services.

g. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations.

13. There is a limit of two (2) business vehicles per home occupation allowed parked on the premises. In connection with a home occupation, a business vehicle is any vehicle that is used in the conduct of the home occupation, or which has the name or logo under which the home occupation activity is conducted painted or otherwise exhibited on the vehicle.

14. If the home occupation is to be conducted on a rental property, the property owner's written authorization for the proposed use shall be obtained with the application.


C. Exceptions: Temporary yard or garage sales are not considered a home occupation and are exempt from the above requirements. Such sales are limited to three (3) 3-day weekends or ten (10) consecutive days every six (6) months, shall consist only of used personal items not purchased for resale, and all merchandise shall be removed from public view between sales. (Ord. 12-09, 6-18-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098819
11-3-14: LOTS:linklink


A. General: A "lot", as defined, shall be subject where applicable to the following special regulations:

1. Where two (2) or more lots are used as a building site, and where main buildings cross lot lines, the entire area shall be considered as one lot, except that the front of the parcel shall be determined to be the front of the individual lots as platted, subdivided or laid out. Prior to, or as a condition of, the issuance of a building permit, the interior lot lines shall be abandoned.

2. For a flag lot, the following special standards shall apply:

a. All flag lots shall have a twenty foot (20') minimum width access road which abuts to a public or private street.

b. Any portion of the access road which measures less than thirty feet (30') in width shall not be figured as part of the lot area, lot width or lot depth.

c. A fifteen foot (15') setback shall be applied to all setbacks within the lot. There will be no distinction between front, rear or side yards.

d. The zoning administrator shall determine lot width (typically the distance between the longest parallel lot lines when excluding the access road) and lot length (typically the distance between the shortest parallel lot lines when excluding the access road).

e. Flag lots should only be utilized when all other methods of lot development fail. Flag lots are to be used in infill situations within developed areas and are not considered appropriate in areas of new development. A flag lot shall not be developed adjacent to another flag lot. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)


B. Multiple Uses On Same Lot; Conditional Use Criteria:

1. Total signage shall be limited to that permitted based on building frontage. A master sign plan shall be submitted showing the size, location, materials and design of any proposed signage with the application for conditional use permit.

2. Parking shall be provided according to the sum of the uses on the property. A generalized parking, drainage and landscaping plan shall be submitted with the application for conditional use permit to show that the necessary parking, drainage and landscaping can be accommodated on the property.

3. When the use requires the construction of multiple buildings, the site layout and building design shall ensure that lots or sublots meeting the requirements of subsection C of this section and the city subdivision regulations5 can be created. All reservations that would be necessary for future roads and utilities in the event of subdivision shall be identified in the application. Development of these areas is not permitted.

4. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides of each building.

5. Uses which are generally compatible with one another shall be integrated by design to the degree of their compatibility and separated to the degree of their incompatibility.

6. A conditional use permit shall not be granted in cases where the proposed uses are unrelated and the conditional use permit process is being used as an alternative to subdivision. (Ord. 97-2, 10-20-1997; amd. Ord. 05-25, 11-21-2005)


C. Sublots: When authorized as a permitted use in the zoning district in which it is proposed to be located, dwellings with common party walls may be constructed on a sublot and separately conveyed subject to compliance with the subdivision regulations6 of the city and with all of the following conditions:

1. Site Requirements:

a. Recorded Lot: Each sublot shall be located in a recorded subdivision lot which shall contain an area of not less than six thousand (6,000) square feet.

b. Number Of Sublots: The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density limits of the zoning district. In no case, however, shall a sublot have an area of less than two thousand (2,000) square feet nor more than one dwelling unit thereon. Neither the board of adjustment nor the zoning administrator shall have authority to vary this provision. For density computation purposes, the gross area of the lot shall not be reduced by the area of drainageways dedicated to the city.

2. Building Limitations: The yard, height and area requirements of the district shall apply to the entire area of the platted lot or of the developed tract.

3. Use Of Common Areas: When the proposed sublots are located in a subdivision which also contains areas to be held in common ownership by the respective owners of lots or sublots, such common area may be used for required and supplementary parking for accessory buildings and for recreational facilities.

4. Private Accessways: Private accessways may be used for vehicular ingress and egress when shown on the preliminary plat, provided they are constructed in accordance with standards and specifications approved by the city council. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098820
11-3-15: PROFESSIONAL ARTIST'S STUDIO/GALLERY:linklink

Conditional use criteria for professional artists' studios or galleries shall be as follows:


A. No more than twenty five percent (25%) of the floor area of the structure, or three hundred (300) square feet, shall be devoted to gallery exhibits/sales, and there may be no outside storage or display.


B. The studio shall be operated by the artist. A maximum of one outside full time equivalent employee shall be engaged in the sales operation.


C. Signage shall be limited to that allowed by the zone.


D. Only original art objects shall be produced and sold on site. "Original art" is defined as that which appeals to the aesthetic senses, is individually created versus mass produced, is intended to have individual, enduring quality versus immediate, short term consumption or use, and would typically include such things as pottery, watercolor and oil painting, bronze work, sculpture, etc., and would specifically not include T-shirt or tie dyeing shops, wood chain saw art or similar activities.


E. The studio/gallery shall be allowed only within an existing building. Any exterior modifications to the building shall be in keeping with the residential architecture and scale of the adjacent neighborhood. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098821
11-3-16: PROFESSIONAL OFFICES:linklink

Conditional use criteria for professional offices shall be as follows:


A. When specified as a conditional use, the criteria in section 11-7-8 of this title shall be applied; provided, however, if the use is in a WR-3 or WR-4 zoning district and abuts U.S. Highway 93 (Spokane Avenue or Second Street), and involves an existing structure, an administrative conditional use permit, as provided in subsection 11-7-8M of this title, shall be obtained.


B. The applicant shall meet the following design standards:

1. Total signage shall be as provided in chapter 5 of this title.

2. All parking shall be provided off street according to the sum of the uses on a particular property as follows:

a. Two (2) spaces per residential unit.

b. One space per employee per maximum shift, excluding resident family members.

c. One space for each client, customer or visitor who will be present or arriving during the period of daily activity.

d. In no case shall required parking be less than that required in chapter 6 of this title.

3. All landscaping and parking lot improvements, including asphalt/concrete work, shall be completed prior to occupancy; provided, however, should occupancy occur between November and April, the owner/applicant may delay landscaping and parking lot/driveway hard surfacing until the following May 15 to avoid inclement weather.

4. Any exterior modifications to the building shall be done in a mode architecturally compatible to and in scale with buildings in the adjacent residential neighborhood. Exterior modifications shall not exceed paint, siding, roofing and exterior refurbishment.


C. The city shall design a sidewalk/bike trail system along West Second Street in conjunction with any major construction or repairs thereof. As part of the site improvements, the applicant/owner shall be required to install that portion of the sidewalk/trail that crosses or abuts their property. (Ord. 11-03, 4-18-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098822
11-3-17: RETREAT CENTER:linklink

A "retreat center use" is defined as a land use to allow for the gathering of individuals to educate, train, counsel and recreate together in a rural setting. The uses permitted must be affiliated with the organization running the retreat center, and general use is restricted to employees, participants in the retreat center and its activities. A retreat center may be an accessory use within an existing dwelling or a stand alone facility.


A. The minimum lot size shall be twenty (20) acres.


B. A camp or retreat center designation shall be restricted to the WA and WCR districts.


C. Guests are limited to two (2) per gross acre.


D. The following uses may be appropriate in a retreat center. These uses shall not be inferred to be automatically approved for all retreat centers. Each use permit application must state specifically which uses are proposed.

1. Auditoriums.

2. Boat marinas.

3. Churches and other places of worship.

4. Community center buildings (e.g., crafts, games).

5. Meeting rooms.

6. Dormitories and cabins limited to one per two and one-half (21/2) acres (for both guests and employees).

7. Daycare.

8. Kitchen and dining facilities.

9. Laundry facilities.

10. Maintenance, repair and storage facilities.

11. Offices for camp employees.

12. Outdoor recreation, low impact facilities.

13. Outdoor cooking facilities. (Ord. 05-01, 1-18-2005; amd. Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098823
11-3-18: SERVICE STATIONS:linklink

Pump setback from the front property line shall be twenty five feet (25'); pavement setback from the front property line, exclusive of driveways, shall be ten feet (10'). (Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098824
11-3-19: SHIPPING CONTAINERS:linklink


A. Definitions:

SHIPPING CONTAINERS: A metal sided container typically used for multimodal shipping, not placed on a foundation, and used only for storage associated with the business on the premises. The containers shall have no wheels and were not designed with wheels. Semitrailers, box trailers, etc., are also considered storage containers.


B. Permitted Areas:

1. Permitted in the WI industrial zoning classifications.

2. Permitted in the WB-2 secondary business zoning classifications subject to the following standards:

a. A limit of three (3) shipping containers per lot or tract.

b. The shipping container shall be accessory to an existing business and shall not be a stand alone use.

c. Shipping containers shall be placed at the rear of the property behind building(s) to minimize their visibility from the street.

d. Shipping containers shall be screened from adjacent side and rear properties with thick vegetation, a solid fence, or equivalent.


C. Temporary Uses:

1. Shipping containers used by contractors for equipment storage on a temporary basis during construction projects are exempt from these requirements and are allowed in any zoning classification.

2. Shipping containers may be used on a temporary basis not to exceed thirty (30) days per year (and not 30 day consecutive periods) in all zones. (Ord. 03-12, 5-19-2003; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098825
11-3-20: SWIMMING POOLS:linklink


A. The intent of the requirements in this section is to make swimming pools inaccessible to small children for reasons of safety, and therefore, these requirements shall not be abridged except in a manner to exceed the specific requirements listed below:

1. All swimming pools shall be enclosed by a solid wall or fence, chainlink fence or wrought iron fence having vertical bars of at least one-half inch (1/2") cross section spaced no farther apart than four inches (4") between bars.

2. Required enclosure walls or fences shall be constructed so as to be unclimbable by children. Therefore, wood (woven) fences shall be prohibited where the boards or slats are horizontal; chainlink fences shall have interwoven slats.

3. All walls or fences shall not be less than five feet (5') nor more than seventy eight inches (78") in height except that at the discretion of the zoning administrator and after giving consideration to location, safety and effects on the neighborhood, a higher fence may be allowed.

4. No fence or wall shall have more than four inches (4") between the bottom of the wall or fence and the underlying ground.

5. Where possible, the ground underlying a fence or wall should be made impervious to any digging that a small child may attempt.

6. All gates shall be self-closing and shall have self-latching latches which shall be not less than four and one-half feet (41/2') above the ground or otherwise inaccessible from the outside to small children.


B. In any single-family residence district, private swimming pools shall be in the side or rear yard and there shall be a distance of at least three feet (3') between any property line and the water's edge, provided that at no time shall a swimming pool be closer than twenty feet (20') to a public right of way.


C. No public swimming pool shall be located closer than twenty five feet (25') to any lot line of the lot on which it is situated. (Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098826
11-3-21: TEMPORARY USES:linklink


A. All temporary uses shall be approved in writing through the granting of a temporary use permit by the zoning administrator on a case by case situation. At the discretion of the zoning administrator, conditions may be imposed to promote neighborhood compatibility or mitigate health and safety issues. The operation of temporary uses does not include vendors or mobile vendors of retail or food products subject to section 11-3-23 of this chapter.


B. Temporary uses may be granted for a period not to exceed six (6) months.


C. Temporary uses must comply with all setback requirements of the zone.


D. Temporary uses in the form of a class A, B or C manufactured home or RV camper may be allowed on the same lot when either a building or demolition permit is secured and the occupants of the temporary use are actively involved in demolishing and clearing the site or in construction of a new primary building.


E. All temporary uses must have their method of providing sewer and water approved by the Flathead city-county health department, where appropriate and the Whitefish zoning administrator. (Ord. 09-10, 8-17-2009)


F. Seasonal temporary uses for the operation of fireworks stands, Christmas tree sales and nursery/produce stands shall have specific and definable time frames to coincide with the particular season.

1. For fireworks stands within the city limits and within one thousand feet (1,000') of the city limits, the sale of fireworks is limited to the days of July 2 through July 4 and for the hours of twelve o'clock (12:00) noon through eight o'clock (8:00) P.M.7. Sales of fireworks at any other times other than specified in this subsection are prohibited. (Ord. 14-21, 1-5-2015)

2. Signage shall be unlighted and approved by the planning department subject to the provisions of chapter 5 of this title.


G. The temporary use structures shall be removed from the property and the entire property shall be restored to compliance with the zone within ten (10) days after expiration of the permit. (Ord. 09-10, 8-17-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098827
11-3-22: USES REGARDING ANIMALS:linklink


A. Animal Hospitals, Pounds, Kennels And Shelters:

1. Animals boarded overnight shall be kept in climate controlled, soundproofed buildings.

2. Where facilities are not soundproofed or climate controlled, no partially or fully enclosed structure or fenced open area used to board animals shall be closer than one hundred feet (100') from an adjacent property line.

3. Animal excreta shall be removed from the site daily or as otherwise necessary to avoid the spread of objectionable odors, insect pests and objectionable surface drainage.


B. Livestock:

1. The maximum density permitted outright for livestock in designated zones shall be determined by the use of the following table:

Permitted Livestock   Livestock Per Acre  
   
Calf   2  
Cattle   2  
Chickens   50  
Colt/filly   2  
Cow with calf   3  
Fowl   50  
Goats   5  
Goats with kids   5  
Horse   2  
Horse with foal   3  
Kids   5  
Lambs   5  
Llama   7  
Llama with baby (cria)   7  
Sheep   5  
Sheep with lambs   5  
Swine   21  

Note:
1.See subsection B7 of this section.

(Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)

2. Where an applicant wishes to exceed the animal densities as provided for in the above table, the applicant may apply for a conditional use permit. Criteria to be considered when granting either permit may include:

a. Character of the neighborhood.

b. Adjacent land use.

c. Animal management abilities of applicant.

d. External impacts associated with increased density including noise, odor and runoff.

e. Animal waste disposal plan.

f. Any unusual or advanced designs or methods in animal handling or sheltering which would lessen potential negative impacts on present or future neighboring uses. (Ord. 14-21, 1-5-2015)

3. The amount of available "pastureland", defined as that land inside a completely fenced area available to the livestock for as long as the livestock are on the property, must equal or exceed the actual number of livestock units allowed. The keeping of livestock will not be permitted where the usable pastureland is less than one-half (1/2) acre.

4. Should the amount of usable pastureland be reduced either seasonably or permanently as a result of action either by the landowner or tenant, or by a public agency, the number of allowable livestock units shall be reduced correspondingly.

5. In the WCR through WR-4 zones, usable pasture and the enclosing fence shall not be allowed in the front yard setback or closer than two feet (2') from a property line or ten feet (10') from a residential dwelling.

6. In the WA zone, livestock fences shall be allowed in the front yard setback and on property lines except as where limited elsewhere in these regulations.

7. Livestock in WCR through WR-1 zones are only allowed for domestic use or consumption and shall not be raised for commercial purposes. The keeping or raising of swine or pigs in residential zoned areas zoned WR-1 through WR-4 is not allowed.

8. All livestock in residential zones shall be kept inside fenced enclosures. Related buildings such as barns, stables, and coops shall be allowed only in the rear and side yards of main buildings and shall be at least fifty feet (50') from the property lines of the subject tract or lot. (Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005)


C. Poultry As Pets:

1. The keeping of five (5) or less hens are allowed as pets in residential zones without permits.

2. All hens kept as pets must be kept in rear and side yards, inside fenced enclosures and coops which must be set back a minimum of ten feet (10') from the property lines of the subject tract or lot.

3. The keeping of hens as pets in residential zones shall be limited to single-family and two-family residential uses (duplexes, sublots, accessory apartments and guesthouses). (Ord. 08-26, 1-5-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098828
11-3-23: VENDORS:linklink


A. Purpose: Food vendors are permitted to operate on private property or on public property if city policy allows such, outside of community wide events or private catering contracts upon issuance of a vendor permit. Vendor operations are temporary in nature and provide a unique service to the community by providing affordable food to go and by helping incubate small businesses. Businesses with permanent locations are an integral part of the local economy. To limit competition for brick and mortar businesses, the hours of operation and number of food vendors allowed in each zoning district is restricted. Vendor locations are restricted to those zoning designations where listed as a permitted use as specified within chapter 2 of this title.


B. Vendor Standards: Vendors operating outside of a community wide or special event shall be limited to food and beverage sales only with the exception of seasonal uses such as produce stands, fireworks stands and Christmas tree lots administered under temporary uses. Conditions of approval for vendor operations shall include:

1. Payment of a permit fee as established by the city council.

2. No seating or other customer service.

3. Proof that all setbacks will be met and that the vendor's structure and activity will not affect the required parking of the primary use of the property.

4. Signs advertising the activities of vendors shall be attached to the surface of the cart or sales facility. Such signs shall be unlighted. Maximum allowable signage shall be twenty (20) square feet. Sidewalk or sandwich board signs and banners are not permitted.

5. All vendors must have their method of providing sewer and water service approved by the Flathead city-county health department, where appropriate, and the Whitefish building official and the Whitefish zoning administrator.

6. No temporary or permanent water, sanitary sewer or storm drainage connections are permitted from vendor operations/vehicles to public or private utility systems.

7. All vendors must have their method of providing electricity from a generator or an electrical outlet via a portable cord that is in conformance with the electrical code as adopted by the city of Whitefish.

a. Electrical lines are not allowed overhead or lying on a sidewalk.

b. The outlet location must be placed outside the walkways which are accessible to public and private use.

c. Length of electrical hookup must be within fifteen feet (15') of the stand.

d. No extension cords will be allowed.

e. Hookup must be permanently wired to the retail stand and meet national electrical code requirements as to type, size and grounding, terminating in an approved outside weatherproof type receptacle.

f. Each vendor stand/location shall require an electrical permit unless previously approved, and will require inspection prior to the operation of the stand.

8. All vendors engaged in the sale of food must have a valid Flathead city-county food service permit and shall comply with all applicable laws, rules and regulations regarding food handling and preparation. All vehicles used for the sale of food by mobile vendors shall comply with all the laws, rules and regulations respecting such vehicles, and the appearance of such shall be approved by the zoning administrator prior to issuance of a permit.

9. A drive-through is not permitted in conjunction with a vendor.

10. Vendors shall not operate in public rights of way, public parking spaces, driveways or fire lanes or within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp unless otherwise authorized by the city manager.

11. All facilities and equipment used by vendors shall be portable. This requirement shall be deemed met if setup time does not exceed thirty (30) minutes.

12. Vendors shall not operate more than six (6) consecutive hours per day. An additional hour is allowed for setup and take down for a maximum time allowed on any property of seven (7) hours. In no case shall a vendor stand or equipment be on a property beyond three o'clock (3:00) A.M.

13. A five (5) pound ABC fire extinguisher is required if a heating or cooking appliance is used by the vendor.

14. Proof of an insurance policy, issued by an insurance company licensed to do business in the State: a) for public liability insurance in an amount of not less than five hundred thousand dollars ($500,000.00) for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident; and b) property damage insurance in an amount of not less than twenty five thousand dollars ($25,000.00) for damages on account of any one accident or occurrence.

15. Proof of permission for employees to use restroom facilities nearby.


C. Prohibited Conduct: No vendor shall:

1. Leave any stand unattended;

2. Store, park or leave any stand overnight;

3. Sell food or beverages for immediate consumption unless he or she has available for public use a public litter receptacle which is available for patrons' use;

4. Leave any location without first picking, removing and disposing of all trash or refuse remaining from sales made by the vendor.


D. Vendor Permit Process:

1. Upon receipt of a completed application that meets all requirements of this section and any associated fees, the Zoning Administrator may grant a one year permit for operations. Upon receipt of a Flathead County certified property owner list from the applicant, the Zoning Administrator shall notify all property owners within one hundred fifty feet (150') of the pending permit. A public notice of the vendor permit shall be placed in a newspaper of general circulation no less than fourteen (14) days before the effective date of the permit. If the applicant complies with all standards associated with the approved permit, State law and City ordinances, has not generated any adverse traffic or safety problems, maintained the structure in good repair, and kept the premises clean and orderly, the Zoning Administrator may administratively renew the permit without notification at the request of the applicant. If there is a valid complaint that the vendor does not meet one or more of the standards outlined in this section, the Zoning Administrator may, at his own discretion or at the direction of the City Council, cancel the permit and/or deny any renewals. A vendor may appeal that decision in writing, and in such cases a hearing before the City Council shall be scheduled on the renewal. The decision of the City Council shall be final.

2. All vendor permits shall be approved in writing through the granting of a vendor permit by the Zoning Administrator on a case by case basis. At his discretion, conditions, in addition to those included in this section, may be imposed on the use in order to promote neighborhood compatibility or to mitigate health and safety issues.

3. A list of items to be sold by the vendor must be submitted for review prior to issuance of a permit. Only those items listed on the permit shall be authorized to be sold. In approving the list of items authorized for sale the Zoning Administrator shall be guided by City Council policy, and by the impact on safety and the cleanliness of the area.

4. Food vendor permits are limited to ten (10) total, no more than five (5) in any one zoning district. The Zoning Administrator shall determine the allowable number of street vendors and shall exercise this discretion based upon the needs of the public, diversity of products offered for sale, the smooth flow of pedestrian and vehicular traffic and other similar considerations. If the Zoning Administrator determines there are significantly more applicants than available permits in a specific area, he/she shall have the authority to create a lottery system designed to fairly distribute the available vending licenses. Vendor operations shall be limited to one per lot unless otherwise approved through the conditional use permit process outlined in section 11-7-8 of this title. (Ord. 14-02, 3-17-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098829
11-3-24: WIRELESS SERVICE FACILITIES:linklink


A. Scope: This section does not apply to "small wireless facilities" as defined in section 7-6-1 of this Code. "Small wireless facilities" require a small cell permit in accordance with the provisions of title 7, chapter 6 of this Code.


B. Permitted Uses: Wireless service facilities are permitted in the WA, WCR, WSR, WER, WLR, WR, WB, WRR, WRB and WI zoning classifications, provided:

1. The structure is collocated on an existing tower or monopole and the height is not increased on the previously existing structure; or

2. The structure is attached to an existing building or structure (water tower, church steeple, clock tower, etc.), is architecturally compatible and does not extend above the roofline.

3. If a perimeter fence is requested, a five foot (5') landscape screen is placed around the proposed perimeter fencing.


C. Conditional Uses: Wireless service facilities require a conditional use permit in the WA, WCR, WSR, WER, WLR, WR, WB, WRR, WRB and WI zoning classifications if the structure/tower does not meet the requirements in subsection A of this section. The City is reviewing in the wireless service structures/towers for neighborhood compatibility, as provided for in the 1996 Telecommunications Act. The following questions must be addressed in the application for a conditional use permit of a wireless service facility and they may be used as the basis for approval or denial of the application:

1. Will the location visually impact neighboring property owners? Will a tower block the view of neighboring residents from prominent features such as Big Mountain or Tea Kettle Mountain and the Badrock Canyon?

2. Will the structure be placed on the crest of a mountain or hill and extend into the skyline thus impacting aesthetic concerns?

3. Will the Federal Aviation Administration require lighting for aviation safety?

4. Can the structure/tower be camouflaged to look like a flagpole, streetlight, evergreen tree, etc., in order to blend in with the surrounding environment? Camouflage is also considered as placement on existing water towers or on top of existing buildings.

5. Will the new structure allow for collocation and, if so, how many positions will be available for collocation?

6. Each applicant for one or more towers shall provide the Planning Department an inventory of existing towers within the planning jurisdiction including design information criteria and photos. The City may share such information at its discretion.


D. Standards: The following standards shall apply to any request for a conditional use permit under subsection C of this section:

1. No tower under one hundred fifty feet (150') shall be artificially lighted except as required by the FAA.

2. No advertising is permitted anywhere on the facility, with the exception of identification signage not to exceed eight (8) square feet.

3. Except for collocation on existing towers or camouflaged towers8, new wireless communication towers shall not be located in open pasture or agricultural lands. All visual screening shall be maintained throughout the life of the facility.

4. Any applicant requesting permission to install a new tower shall provide collocation potential for additional carriers with comparable antennas within forty five (45) days. For towers one hundred feet (100') and over, the applicant shall provide accommodations for at least two (2) additional users. For new towers fifty feet (50') to ninety nine feet (99') in height, the applicant shall provide for at least one additional user.

5. Any applicant requesting permission to install a new tower shall provide evidence of a written contract with all wireless service providers who supply service within one mile of the proposed facility. The applicant shall inquire about the potential collocation opportunities at all technically feasible locations.

6. The applicant shall demonstrate that the tower must be located where it is proposed in order to serve the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

7. Except for collocation on existing towers, new wireless communication towers shall be set back at least the distance required in the underlying zone from all property lines of the parent tract.

8. If a security fence is proposed, a five foot (5') tall dense landscaping screen shall be planted around the security fence of any structure/tower.

9. Screening or camouflage may be required to visually obscure wireless communication facilities in highly visible locations.


E. Abandonment: Should any wireless service facility be abandoned or cease to operate for a period of one hundred eighty (180) days, the structure/tower shall be removed. It shall be the responsibility of the structure/tower owner to promptly notify the City if a facility is abandoned or ceases operation. (Ord. 19-09, 5-20-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098830
11-3-25: OUTDOOR LIGHTING STANDARDS:linklink


A. Title: This section, together with the amendments thereto, shall be known and may be cited as the WHITEFISH OUTDOOR LIGHTING STANDARDS.


B. Purpose: The general purpose of the lighting standards is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This section establishes standards for exterior lighting in order to accomplish the following:

1. To provide safe roadways for motorists, cyclists and pedestrians;

2. To protect against direct glare and excessive lighting;

3. To ensure that sufficient lighting can be provided where needed to promote safety and security;

4. To prevent light trespass in all areas of the city;

5. To protect and reclaim the ability to view the night sky;

6. To allow for flexibility in the style of lighting fixtures;

7. To provide lighting guidelines;

8. To reduce the costs of lighting by developing more efficient lighting options;

9. To educate the public as to the benefits of efficient and appropriate outdoor lighting;

10. To provide assistance to property owners, occupants and business owners in bringing nonconforming lighting into conformance with this section;

11. To work with other jurisdictions within Flathead County to meet the purposes of this section; and

12. To conserve energy and resources.


C. Applicability: All residential, commercial, industrial and other lighting, whether on public or private property, within the zoning jurisdiction of the city of Whitefish shall conform with these standards and specifications.


D. General Standards:

1. Exterior Lighting: All exterior lighting shall be designed, located and lamped in order to prevent:

a. Over lighting;

b. Energy waste;

c. Glare;

d. Light trespass; and

e. Skyglow.

2. Nonessential Exterior Lighting: All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

3. Canopy Lights: Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.

4. Area Lights: All area lights shall be eighty five degree (85°) full cutoff type luminaries (see figure 1 in subsection H of this section).

5. Roof Illumination: Roof illumination, such as lights shining upward toward roofs or on rooftops, is not allowed.

6. Mercury Vapor Lights: Mercury vapor lights are prohibited because of the poor color spectrum, light intensity and inefficient energy use.

7. Electric Company Standards: Flathead Electric Cooperative, Inc., lighting shall be in conformance with the regulations herein. Flathead Electric Cooperative, Inc., shall not install any luminaires after the effective date of this section that light the public right of way without first receiving approval for any such application by the zoning administrator.


E. Type Of Luminaires: All exterior lighting shall use full cutoff luminaires with the light source downcast and fully shielded, with the following exceptions:

1. Output: Light fixtures (wall mounted or freestanding) that do not exceed the following lumen or wattage outputs per fixture are permitted and are not required to be full cutoff:

Maximum Total Output Per Fixture (Regardless Of The Number
Of Bulbs)  
Shield Type Required   Lens Required   Other Requirements  
45 watt bulb or a total of 45 watts for all bulbs in the fixture (equals 400 lumens)   May be unshielded   Can be clear   Top must be opaque, or the fixture must be under an opaque structure  
60 watt bulb or a total of 60 watts for all bulbs in the fixture (equals 1,000 lumens)   Partially shielded   Must be opaque   Bulb cannot be visible. Top must be opaque, or the fixture must be under an opaque structure  

2. Floodlights: Floodlights with external shielding shall be angled provided that no light is directed above a twenty five degree (25°) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights of way (see figure 6 in subsection H of this section). Photocells with timers that allow a floodlight to go on at dusk and off by eleven o'clock (11:00) P.M., or one-half (1/2) hour after the close of business, are recommended.

3. Holiday Lighting: Holiday lighting is covered in subsection 11-5-4A12 of this title, a portion of the Whitefish sign regulations. Flashing holiday lights on residential properties are discouraged. Holiday lights are encouraged to be turned off by eleven o'clock (11:00) P.M., or the close of business for commercial properties.

4. Sensor Activated: Sensor activated luminaires are encouraged to be full cutoff. They may be less than full cutoff, provided:

a. It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right of way;

b. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased; and

c. The luminaire shall not be triggered by activity off the property.

5. Emergency Lighting: Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.

6. Flags: Flags are encouraged to be unlit. If flags are up lighted, the maximum lumen output shall be one thousand three hundred (1,300) lumens.

7. Tower Lighting: Lighting of radio, communication and navigation towers; provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this section and that the provisions of section 11-3-24 of this chapter are otherwise met.

8. Neon Lights: Neon lights permitted pursuant to the sign ordinance, chapter 5 of this title.

9. Playing Fields: Luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this section are met and the light is used only while the field is in use.

10. Single Pole Light Fixtures: Single pole light fixtures of a historic style with a maximum watt output of no greater than fifty (50) watts permitted to be partially shielded, so long as the top of the fixture is shielded, and the bulb is not visible for more than one and one-half inches (11/2") when viewed from pedestrian level.


F. Placement And Height Of Luminaires:

1. Parking Area Lights: Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level:

a. Parking area luminaires up to seventeen feet (17') in height are permitted subject to all other regulations in this section.

b. Parking area luminaires between seventeen feet (17') and thirty feet (30') in height may be permitted, subject to the submittal of an illumination plan showing location, intensity and light trespass from all proposed fixtures. This illumination plan must be approved by the city before lighting may be installed.

c. Parking area luminaires shall not exceed the height of the building.

2. Residential Freestanding Luminaires:

a. Freestanding luminaires located in the front yard may contain a pole lamp at any distance from the city right of way, so long as:

(1) The purpose of the freestanding luminaire is to light the street and/or to guide visitors to the residential property from the street;

(2) The luminaire does not exceed eight feet (8') in height; and

(3) The luminaire is properly shielded (see subsection E of this section and section 11-9-2, "Definitions", of this title).

b. Freestanding luminaires located in the side or rear yards shall be set back from the property line the height of the pole.

3. Streetlights On Arterials: Streetlights used on arterial roads may exceed twenty feet (20') in height, with the recommendation by the city council, and only with a finding that exceeding twenty feet (20') is necessary to protect the safety of the residents of Whitefish.


G. Illuminance Levels:

1. Illuminance levels for parking lots, sidewalks, and other walkways affected by side mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA recommended practices, which is maintained by the planning and building department. The city of Whitefish recognizes that not every such area will require lighting.

2. All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.

3. Streetlights shall be high pressure sodium, unless otherwise determined by the city that another type is more efficient. Streetlights along residential streets shall be limited to a fifty (50) watt high pressure sodium (hps) light. Streetlights at intersections shall be limited to two (2) 50-watt hps lights.


H. Tables And Information Sheets: The figures and information sheets, identified as figures 1-6 and table 1 of this subsection, shall be incorporated into this section as guidelines for the public and the city for use in enforcing this section. The city does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the following examples:




TABLE 1
INITIAL RATED LIGHT OUTPUT OF VARIOUS LAMPS
(Information From Sylvania #PL-150, General Electric
#9200 And Phillips #SG-100 Large Lamp Catalogs)

Lamp Type   Lamp
Wattage  
Initial
Lumen
Output  
Incandescent lamp (frosted) (Syl.)   25   235  
Incandescent lamp (frosted) (Syl.)   40   375  
Incandescent lamp (frosted) (Syl.)   60   890  
Incandescent lamp (frosted) (Syl.)   100   1,690  
Incandescent lamp (frosted) (Syl.)   150   2,850  
Incandescent flood or spot (GE)   75   765  
Incandescent flood or spot (GE)   120   1,500  
Incandescent flood or spot (GE)   150   2,000  
Quartz halogen lamp (frosted) (Syl.)   42   665  
Quartz halogen lamp (frosted) (Syl.)   52   885  
Quartz halogen lamp (frosted) (Syl.)   72   1,300  
Quartz halogen lamp (frosted) (Syl.)   300   6,000  
Quartz halogen lamp (frosted) (Syl.)   500   10,500  
Quartz halogen lamp (frosted) (Syl.)   1,000   21,000  
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type)   20   260  
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type)   42   630  
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type)   50   895  
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type)   75   1,300  
Fluorescent lamp (Phillips)   7   400  
Fluorescent lamp (Phillips)   9   600  
Fluorescent lamp (Phillips)   13   900  
Fluorescent lamp (Phillips)   22   1,200  
Fluorescent lamp (Phillips)   28   1,600  
Fluorescent lamp (GE cool white)   40   3,150  
Low pressure sodium lamp (Phillips)   18   1,800  
Low pressure sodium lamp (Phillips)   35   4,800  
Low pressure sodium lamp (Phillips)   55   8,000  
Low pressure sodium lamp (Phillips)   90   13,500  
Low pressure sodium lamp (Phillips)   135   22,500  
Low pressure sodium lamp (Phillips)   180   33,000  
High pressure sodium lamp (diffuse) (GE)   35   2,250  
High pressure sodium lamp (diffuse) (GE)   50   4,000  
High pressure sodium lamp (diffuse) (GE)   70   6,400  
High pressure sodium lamp (diffuse) (GE)   100   9,500  
High pressure sodium lamp (diffuse) (GE)   150   16,000  
High pressure sodium lamp (diffuse) (GE)   250   27,500  
High pressure sodium lamp (diffuse) (GE)   400   50,000  
Mercury vapor lamp (white deluxe) (Syl.)   100   4,500  
Mercury vapor lamp (white deluxe) (Syl.)   175   8,500  
Mercury vapor lamp (white deluxe) (Syl.)   250   11,100  
Mercury vapor lamp (white deluxe) (Syl.)   400   20,100  
Metal halide lamp (coated) (GE)   32   2,500  
Metal halide lamp (coated) (Venture)   50   3,400  
Metal halide lamp (coated) (GE)   100   9,000  
Metal halide lamp (coated) (GE)   175   15,750  
Metal halide lamp (coated) (GE)   250   20,500  
Metal halide lamp (coated) (GE)   400   36,000  


I. Procedure:

1. All new developments shall submit lighting plans to the zoning administrator for review and approval. Such plans shall include location, type, height, lumen output, and illuminance levels in order to verify that lighting conforms to the provisions of this section. The zoning administrator may waive the requirement for illuminance level information only, if the zoning administrator finds that the illuminance levels conform to this section. For all other exterior lights which must conform to the requirements of this section, the submittal shall be made to the zoning administrator, showing location, type, height, lumen output and illuminance levels.

2. The zoning administrator shall issue a decision whether the exterior lighting complies with the standards of this section.


J. Existing Lighting: All existing exterior lighting installed before the effective date of this section shall be brought into conformance with this section within the following time periods:

1. All existing exterior lighting located on a subject property that is part of a pending application for design review approval, a planned unit development, a conditional use permit, subdivision approval, or a building permit is required to be brought into conformance with this section before issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance, unless extended in writing by the zoning administrator.

2. All existing exterior lighting on property used for commercial purposes that is not in conformance with this section shall be brought into conformance with this section. If an existing pole is thirty feet (30') or less, the pole does not need to be changed; only the light fixture needs to be changed. Nonconforming lights and poles exceeding thirty feet (30') shall be brought into conformance within thirty six (36) months from the date of adoption of this section, by August 17, 2009. However, business owners shall have an opportunity to petition the Whitefish city council for two (2) 1-year extensions by a showing of good cause presented and approved by the city, with appropriate notice to adjacent property owners.

3. All existing exterior lighting on property used for residential, institutional, public and semipublic uses, not affected by subsection J1 of this section, that does not comply with this section is required to be brought into conformance with this section within thirty six (36) months from the date of adoption of this section, by August 17, 2009, except as provided herein.

4. All existing exterior lighting maintained by Flathead Electric Cooperative, Inc., subject to the "Flathead electric municipal lighting district contract", shall be brought into conformance with this section within thirty six (36) months from the date of adoption of this section, by August 17, 2009.


K. Violations And Legal Actions: If the zoning administrator finds any provision of this section is being violated, the zoning administrator shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, requiring that the violation be abated within ninety (90) days of the date of hand delivery or of the date of mailing of the notice. The code enforcement officer shall be available to assist in working to correct said violation. If the violation is not abated within the ninety (90) day period, the zoning administrator may institute actions and proceedings, including legal, equitable or criminal, to enjoin, restrain, abate or prosecute any violations of this section.


L. Appeals: Any person may make a written appeal from any ruling or order made by the zoning administrator to the board of adjustments pursuant to section 11-7-6 of this title. (Ord. 06-16, 7-17-2006)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098831
11-3-26: OPTIONAL ZONING COMPLIANCE PERMIT:linklink

(Rep. by Ord. 11-04, 4-18-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098832
11-3-27: LAKESHORE PROTECTION ZONE DELINEATION AND SETBACK:linklink


A. Prior to the start of any construction activity on any property adjacent to Whitefish Lake, or Lost Coon Lake, the lakeshore protection zone (LPZ) boundary, as described in section 13-1-1 of this code, shall be established and staked on site by a registered land surveyor licensed to practice in the state of Montana. (Ord. 14-21, 1-5-2015)


B. Prior to the start of any construction activity, an effective siltation barrier shall be installed at the LPZ boundary. This barrier shall be designed and constructed to prevent silt and debris from the construction site from entering the LPZ, and shall be maintained until such time as permanent erosion control and site stabilization are established on the subject property.


C. Any structural element rising above finished grade must be set back a minimum of ten feet (10') measured horizontally from the LPZ boundary. For purposes of this section, structural elements rising above finished grade include, but shall not be limited to, decks, buildings, boathouses, retaining walls, gazebos and similar recreational structures. Patios installed at grade, required safety devices such as handrails, and steps or stairs four feet (4') in width or less, are not subject to this setback. Notwithstanding the provisions of subsection 11-2-3B6 of this title, no part of any structure, including architectural features, eaves, cantilevers, decks, or overhangs of any kind, may encroach into the setback described herein.


D. This minimum setback regulation shall not supersede any slope protection standards or other environmental regulations set forth in this title.


E. No mechanized equipment may operate in the LPZ for any reason unless a lakeshore construction permit is issued pursuant to title 13 of this code. (Ord. 07-09, 4-16-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098833
11-3-28: COMMUNITY DECAY:linklink


A. Definitions: In this section, the following terms have the meanings indicated below:

ABANDONED, WRECKED, JUNKED OR DISMANTLED VEHICLE, EQUIPMENT OR MACHINERY: Every vehicle, machine or piece of equipment which is not being used for its manufactured or intended purpose and has been discarded, abandoned, wrecked, stored, junked, dismantled or partially dismantled, including parts thereof.

FIRE HAZARD: Where owing to the existence of solid waste or waste, dried grass, weeds or shrubbery, the condition of the property is likely to cause a fire.

INOPERABLE: With respect to any vehicle, the inability of all significant mechanical and electrical systems on such vehicle to operate properly and dependably, or the absence of any significant parts. With respect to wheeled and/or motorized vehicles, and where applicable, inoperable means the inability of any of the following systems to operate properly and dependably, or the absence of such parts: tires, wheels, brakes, engine, ignition, transmission, suspension, steering, windows, windshield, horn, muffler, rearview mirror, windshield wiper, service brakes, parking brakes, headlights, brake lights, turn signals.

OBJECT: Any material, substance or composition not yet classified as waste, solid waste or a fire hazard but which may subsequently be determined to be waste, solid waste or a fire hazard. Object, though used in the singular term, can also mean the plural when circumstances require.

OWNER: Owner of the title to real property or the contract purchaser of real property as shown in the last available complete assessment roll in the office of the county assessor.

PERSON: Every natural person, firm, partnership, association or corporation.

SHIELDING: Refers to fencing or other fabricated barriers to conceal a facility from public view. It also refers to natural barriers.

SOLID WASTE: All putrescible and nonputrescible waste including, but not limited to, garbage, rubbish, refuse, demolition wastes (including wood, bricks, concrete, used road blacktop and other similar materials), ashes, wastepaper and cardboard, sewage, sludge, septic tank and cesspool pumpage or other sludge, commercial, industrial, construction waste, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, dead animals and other waste.

UNLICENSED: With respect to any vehicle which is required to be registered under state law with the department of justice, motor vehicle division, the absence of the appropriate license tags and/or stickers attached to such vehicle showing a current registration.

VEHICLE: Any automobile, car, truck, motorcycle, tractor, trailer, pole trailer, bus, camper, motor home, travel trailer, recreational vehicle, boat or other watercraft.

WASTE: Useless or discarded materials.

ZONING ADMINISTRATOR: Includes the zoning administrator and any employee of the city planning and building department that the zoning administrator designates to carry out the responsibilities identified herein.


B. Declaration Of Public Nuisance: The deposit, accumulation, storage, collection, maintenance or display of waste, solid waste; abandoned, wrecked, junked or dismantled vehicles, equipment or machinery; inoperable or unlicensed vehicles; or dried grass, weeds or shrubbery is hereby found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, to create fire hazards, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare of the people. Therefore, the presence of waste, solid waste; abandoned, wrecked, junked or dismantled vehicles, equipment or machinery; inoperable or unlicensed vehicles; or dried grass, dried weeds or dried shrubbery on private or public property is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this section.


C. Exemptions: This section shall not apply to vehicles enclosed in a building, covered by a cover specifically designed for covering vehicles, vehicles which are shielded according to the definition set forth in this section, or to any vehicle held in connection with a lawfully operated business enterprise.


D. Entry Upon Private Property:

1. The zoning administrator is authorized at all times to enter upon private property and examine any object for the purpose of determining if it is a public nuisance as defined herein. However, before entering upon private property, the zoning administrator shall obtain consent of the occupant thereof or have a warrant of the appropriate court authorizing his or her entry for the purpose of inspection.

2. No search warrant shall be issued under the terms of this subsection D until an affidavit has been filed with the appropriate court showing probable cause for such inspection by stating the purpose and the extent of the proposed inspection or other specific or general information concerning the object in question and identifying the property on which it is situated.

3. It is unlawful for any person to interfere with or attempt to prevent the zoning administrator from entering upon private premises and inspecting such object when the zoning administrator exhibits a warrant authorizing the entry of or has obtained consent of the occupant of the property.


E. Initial Action:

1. When the zoning administrator determines that a nuisance condition described in this section exists in the city's zoning jurisdiction, the zoning administrator shall make an initial contact with the property owner for the purpose of making said owner aware of the violation. The initial contact shall be in writing, or by telephone followed up in writing. The initial contact shall explain the violation, cite the applicable provision(s) of the code, set a date for compliance and/or abatement, and provide contact information for the Whitefish planning and building department.

2. In the event that a nuisance condition persists after the date given for abatement/compliance as set forth in subsection E1 of this section, the zoning administrator shall issue a second notice requiring abatement/compliance in no more than twenty one (21) calendar days. Should the nuisance condition persist beyond that time period, the zoning administrator shall proceed as set forth in subsection F of this section.


F. Notice Of Nuisance Condition:

1. Mailed Notice:

a. The city planning and building department shall notify the owner and any occupants of the premises by personal service or by certified mail. The notice shall state:

(1) That a hearing will be held concerning the nuisance character of the property.

(2) A description of the property and alleged nuisances.

(3) The time and place of the hearing.

b. A copy of this notice shall be posted on the property.

2. Published And Posted Notices: At least ten (10) days prior to the hearing date, the city shall publish a notice of the hearing in a newspaper of general circulation within the city or post notices in at least three (3) public places in the city.


G. Hearing:

1. Right To Be Heard: At the hearing, the owner or other interested parties shall have the right to be heard.

2. Inspection Of Property: The council may inspect the property and consider the facts observed in determining whether the property is a nuisance.

3. Resolution Of Council:

a. If the council determines that the property is a nuisance, the council may, by resolution, order the property to be made safe and prescribe what must be done to make it safe.

b. In the resolution, the council may set a time, not less than ten (10) days, within which the order must be obeyed.


H. Council Orders; Notice: Notice of the council's determination and orders by the council shall be by personal service or by certified mail to the owner of the property. If the orders are not obeyed and the property is not made safe within the time specified by the order, the council may order the property made safe at the expense of the owner of the property on which it is located.


I. Abatement By City Of Whitefish: If the council orders are not complied with, the council may specify the work to be done and direct that it be undertaken by city personnel and equipment or that the city contract for such work.


J. Assessment For Costs:

1. The city shall forward to the owner, by personal service or by certified mail, a notice stating:

a. The total cost of abatement, including the administrative costs.

b. The costs as indicated will be assessed to and become a lien against the property unless paid within thirty (30) days from the date of the notice.

c. If the owner objects to the costs of the abatement as indicated, a written notice of objection may be filed with the city planning and building department not more than ten (10) days from the date of the notice.

2. No sooner than thirty (30) days after the date of the notice of costs, the council, in the regular course of business, shall hear and make a decision on the objections to the costs assessed.

3. If the costs of the abatement are not paid within thirty (30) days from the date of the notice of costs or if an objection was filed within ten (10) days from the council determination, an assessment of the costs, as stated or as decided by the council, shall be made by resolution, and thereafter recorded with the Flathead County clerk and recorder and/or assessed with other property assessments at which time it shall constitute a lien on the property from which the nuisance was removed or abated.

4. The lien shall bear interest at a rate set by the council at the time of assessment.


K. Summary Abatement: The procedure of this section need not be followed if the condition of the property is unmistakably dangerous and imminently endangers life or property. In this instance, the city manager, zoning administrator or the police chief may summarily abate the nuisance.


L. Errors In Procedure: Failure to conform to the requirements of this section that does not substantially and adversely affect the legal right of a person does not invalidate a proceeding under this section.


M. Penalty: A person convicted of the offense of maintaining a public nuisance under this section is guilty of a misdemeanor punishable by a fine as provided in the general penalty in section 1-4-1 of this code. The city reserves any and all additional remedies available to enforce this section, including, but not limited to, injunction, abatement and cease and desist orders available under this code and state law. (Ord. 07-07, 3-19-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098834
11-3-29: WATER QUALITY PROTECTION:linklink


A. Purpose And Intent: It is the purpose of this section to apply development standards to lots or parcels with the greatest chance of affecting water quality:

1. Maintain the community's ability to manage stormwater through protection of "critical conveyances".

2. Protect and improve the quality of the Whitefish area's water bodies, including lakes, streams, and the Whitefish River, which are central to the community's identity and values.

3. Protect public safety, public and private property, and water quality from threats of geologic instability and erosion.

4. Protect and preserve the lawful use and enjoyment of private property.

To accomplish these objectives, this section will set forth a series of standards and regulations to maintain the ability of critical conveyances to carry stormwater; to limit sediment, nutrients and other pollutants entering the area's streams and lakes; to properly condition and, where necessary, prohibit development in geologically unstable areas adjacent to water bodies.

The intent of these regulations is to promote lawful and responsible land development. These regulations allow the restoration of streams, stream banks, slopes, and wetlands; sound forest management; and the clearing and removal of hazardous vegetation to protect life and property.


B. Administration:

1. Applicability: Any new or expanded residential, commercial or industrial development proposal within two hundred (200) horizontal feet of a lake, river, wetland, stream or stormwater conveyance shall comply with this section. Any lots or parcels that were created by whatever means prior to April 3, 2006, or after March 3, 2008, shall be required to comply with this section.

The following developments, activities and associated uses shall be exempt from the provision of this section:

a. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventive action in a time frame too short to allow for compliance with the requirements of this section. After the emergency, the person or agency undertaking the action shall report any impacts to the water quality protection area to the director within five (5) days of the activity. The director may require submittal of a water quality protection area report or geotechnical letter to guide restoration or mitigation for these impacts. Final approval of the report, restoration and mitigation shall be in accordance with provisions of this section.

b. Operation, maintenance, repair, modification, or addition to existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems, if the activity applies best management practices and does not further encroach within a water quality protection area or buffer and there is no increased risk to life or property as a result of the action. As applicable, new facilities must comply with section 11-3-33 (erosion control) of this chapter and subsection 11-7-10E (mitigation for impacts) of this title. Operation and maintenance includes minor landscaping, native plant landscaping, buffer restoration, bank stabilization with native plant landscaping and vegetation management, provided that such management actions are part of regular and ongoing maintenance and do not expand farther into the water quality protection area or buffer.

c. Agricultural activities, as defined in Montana Code Annotated 76-2-902. This includes timber harvesting, thinning, and regeneration on land without residential structures. Timber harvesting on forestlands that are proposed for conversion to other uses must be in compliance with Montana Code Annotated 77-5-301 - 307, the Montana streamside management zone law. Violations of Montana Code Annotated 77-5-301 - 307 must be remediated to the satisfaction of the Montana department of natural resources and conservation prior to submittal of development permits under this section.

d. Educational and research activities that do not degrade the functions and values of a water quality protection area or buffer, and conservation or restoration activities to protect or restore these functions and values.

e. Development of a lot contained within a preliminary plat or planned unit development approved by the Whitefish city council prior to April 2, 2008, pursuant to the approved building site plan or building pad, if the building site plan or building pad are specifically located on the lot, but only to the extent that such development is located within the building site plan or building pad. The zoning administrator may, on a case by case basis, approve minor modifications to the building site plan or building pad. However, this exemption does not exempt a property owner from the requirements of section 11-3-33 of this chapter.

2. Relationship To Other Regulations:

a. These water quality protection regulations shall apply as an overlay and in addition to zoning and other regulations adopted by the city.

b. Any individual water quality protection area adjoined by another type of water quality protection area shall have the buffer and meet the requirements providing the most protection to the water quality protection areas involved. When any provision of this section or any existing regulation, easement, covenant, or deed restriction conflicts with this section, that which provides more protection to the water quality protection areas shall apply.

c. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a water quality protection area or associated buffer, without first ensuring compliance with the requirements of this section.

d. Compliance with the provisions of this section does not constitute compliance with other federal, state, and local regulations and permits that may be required, nor does it relieve an applicant from the duty to avoid harm to neighboring or downstream properties or create a duty to neighboring or downstream properties on the part of the city. The applicant is responsible for complying with these other requirements and duties, apart from the process established in this section.

3. Administrative Rules: Applicable departments within the city are authorized to adopt such administrative rules and regulations as are necessary and appropriate to implement this section and to prepare and require the use of such forms as are necessary for its administration.

4. Permitting: Development within two hundred feet (200') of a water quality protection area that is not exempt under subsection B1 of this section shall obtain a permit prior to the start of any proposed activity pursuant to section 11-7-10 of this title.

5. Reasonable Use Exception: When the requirements of this section, or these requirements in combination with zoning and other development standards, would render a legally existing lot or parcel of record incapable of providing any legal and reasonable use, as defined in this subsection, a reasonable use exception (RUE) shall be issued by the director if the criteria in this subsection are met. A "legal and reasonable use" is defined as one that is allowed by the applicable zoning district and consistent with similar uses in the same general area, taking into account the most recent construction trends in the general area. For dwelling units, a legal and reasonable use may disturb no more than five thousand (5,000) square feet or fifteen percent (15%) of the parcel, whichever is greater, by structures or other land alteration, including grading, utility installations and landscaping, but not including the area used for an on site sewage disposal system.

a. An application for a reasonable use exception shall be made to the city and shall include a water quality protection area identification form; water quality protection area report or geotechnical letter, as applicable; and any other related project documents, such as permit applications to other agencies. The application shall document what can be developed on the property in compliance with the strict provisions of this section and other zoning and development standards, and shall explain why this would not permit any reasonable use of the property. It shall include the date the applicant purchased the property or otherwise obtained the right to develop or use it, and restrictions or conditions on use or development in existence on that date. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.

b. Following receipt of a complete and accurate submittal, within thirty (30) days the director shall grant or deny a request for an RUE in writing with findings of fact pursuant to the determinations set forth in subsection B5c of this section.

c. In reviewing applications for RUEs, the director shall determine that all of the following criteria are met:

(1) The lot, tract, or parcel is a legal lot of record.

(2) All reasonable use of the property is preempted under the strict provisions of this section, or the combination of this section and zoning and development standards, for reasons other than actions by the applicant after the effective date hereof.

(3) There are no reasonable development alternatives readily available to the applicant that meet the standards of these regulations.

(4) The RUE does not pose a threat of significant injury to occupiers of the land, other properties, or the natural resources protected by this section.

(5) Impacts associated with the RUE are the minimum necessary to allow for reasonable use of the property, and will be reasonably and effectively mitigated through conditions of approval.

d. An RUE shall not be approved solely to improve views and vistas or proximity to amenities when viable alternatives exist. Preference shall be given to modifying or waiving development standards that do not impact water quality protection areas or the safety of the occupiers of the land or other properties.

e. Approval or denial of any RUE may be appealed to the board of adjustment pursuant to section 11-7-5 of this title. An approved RUE shall be recorded with the Flathead County clerk and recorder prior to any construction activity. The RUE shall be valid for three (3) years and the director may approve up to two (2) 1-year extensions, provided the applicant can demonstrate progress is being made on the project. If construction has not begun during the approval period, the RUE shall expire.

6. Variances: A variance from the requirements of this section may be authorized through a planned unit development or a neighborhood plan or, in other cases, by the director, in conjunction with the public works department, if the applicant provides clear and compelling evidence that the result would better protect or restore the functions and values of affected water quality protection areas than would application of standard criteria or in the case where these regulations conflict with state or federal regulations.

7. Public Agencies And Utilities: If the application of this section would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for a reasonable use exception, which shall follow the procedures and criteria of subsection B5 of this section, as applicable, and shall also demonstrate that application of this section would otherwise unreasonably restrict the ability to provide services to the public.

8. Mapping: The city shall maintain planning level maps indicating the best available information as to the location of water quality protection areas. In addition to these maps, the following may be used as a guide for locating water quality protection areas:

a. Topographic maps published by the U.S. geological survey;

b. Flood insurance rate maps published by the federal emergency management agency;

c. Surficial geologic map of the upper Flathead River Valley (Kalispell Valley) area, Flathead County, northwestern Montana, published by the Montana bureau of mines and geology;

d. Soil survey of the upper Flathead Valley area, Montana, published by the U.S. soil conservation service; and

e. Soil survey of Flathead National Forest area, published by the U.S. forest service and the natural resource conservation service, in cooperation with Montana agricultural experiment station.

f. Topographic mapping through the Flathead Basin mapping project, 2009, maintained by Montana natural resource information system.

All of these sources are to be used for planning purposes by the city, project applicants and property owners, but may be superseded by new data and do not eliminate the need for on site evaluation for the presence of water quality protection areas.

9. Density Calculation: Density shall be calculated based on the gross acreage of the site. Land restricted from development within water quality protection areas or their buffers may be used to meet requirements for open space other than active recreation under section 12-4-11 of this code. Where development is partly prohibited due to the presence of water quality protection areas, as defined in this section, an applicant may be permitted to transfer up to one hundred percent (100%) of the density attributable to the undevelopable area of the property to another portion of the same property, where the director finds that this is consistent with the city's growth policy and that the following standards are met:

a. The increased density does not significantly harm the water quality protection areas on site or on adjacent properties;

b. The increased density does not significantly harm wildlife habitat, including migration corridors;

c. The increased density does not significantly harm the character and qualities of the existing neighborhood; and

d. Where applicable, the increased density makes efficient use of infill property.

Where the above standards are met, the normal standards of the underlying zoning district for minimum lot size, setbacks, and lot coverage may be modified to accommodate the increased density.

10. Enforcement And Penalties:

a. Reasonable access to the site shall be provided to the city for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. The director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. Except in emergencies or when the director determines that there may be an imminent threat to environmental resources, such reasonable effort shall include written notice by certified letter seven (7) days in advance of a planned site inspection.

b. When a water quality protection area or its buffer has been altered in violation of this section, all ongoing development work shall stop and the water quality protection area or buffer shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this section. All development work shall remain stopped until a restoration plan is prepared and approved by the city.

c. If development work continues, the city shall have the authority to seek all legal and equitable relief necessary to enforce this section. Restoration plans shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection B10d of this section. As necessary, the director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

d. At a minimum, performance standards for restoration shall be as follows:

(1) For alterations to critical stormwater conveyances, or streams, wetlands, and lakes and their buffers, restoration shall return the affected environment to the historic conditions or the conditions existing at the time of the initiation of the project; if that is infeasible, restoration shall replace, enhance, or provide substitute resources or environments, following the criteria for mitigation in subsection 11-7-10D of this title, where applicable.

(2) For alterations to steep or unstable slopes, the following minimum performance standards shall be met for restoration:

(A) The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;

(B) Any risk to public safety or other water quality protection areas resulting from the alteration shall be eliminated or minimized; and

(C) To the extent feasible, the hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.

e. Any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this section is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this section shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Montana. The city may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this section. The civil penalty shall be assessed at a maximum rate of one thousand dollars ($1,000.00) per day per violation.


C. Stream, Lake And Wetland Buffers And Setbacks:

1. Standard Buffers And Setbacks: A buffer is an area of land adjacent to a lake, wetland or stream, including the Whitefish River intended to protect the water quality area, while a setback is a smaller area of land adjacent to the buffer intended to protect buffers from human disturbance where structures are prohibited and only limited alterations are allowed.

Except where modified through a reasonable use exception under subsection B5 of this section or a variance under subsection B6 of this section, buffers and setbacks for streams, wetlands, and lakes are hereby established as follows. All buffers shall include the entire floodplain. Widths shall be measured on the horizontal plane perpendicular to the edge of the water quality protection area. Developments in compliance with buffer and setback requirements or allowed uses in this section shall not be required to submit a water quality protection area report unless specifically noted below.

Waterbody   Buffer   Setback  
Whitefish River
Subsection C1a of this section  
75' or top of bank, whichever is greater   Variable, but no less than 20'  
Other perennial streams
Subsection C1b of this section  
100' with 25' increase/decrease for high/low intensity land use   10'  
Intermittent streams
Subsection C1c of this section  
50'   10'  
Wetlands
Subsection C1d of this section  
100', with 25' increase/decrease for high/low intensity land use   10'  
Whitefish Lake
Subsection C1f of this section  
20' with water quality plan to meet performance standard of 75' buffer   10'  
Other lakes
Subsection C1g of this section  
75'   10'  

a. Whitefish River: The buffer shall be the top of bank (where evident) or seventy five feet (75') from the ordinary high water mark, whichever is greater. If there is an associated wetland along the river, the seventy five feet (75') shall be measured from the edge of the wetland. If any structure is proposed within two hundred feet (200') of the buffer on a property that abuts the river, a geotechnical letter consistent with subsection D of this section shall be required. Such an analysis may also be required if the director of public works determines, based on field observation and in consultation with the applicant, that a proposed structure beyond this setback may be damaged by slope failure, slumping or other geologic instability, or that it may contribute to such instability on other properties. Unless an approved geotechnical letter concludes that a larger setback is necessary, the setback shall equal the rear yard setback in the applicable zone, but in no case shall it be less than twenty feet (20').

b. All Other Perennial Reaches Of Streams: All other perennial reaches of streams, including, but not limited to, Beaver, Cow, Eagle, Haskill, Hellroaring, Lazy, Smith, Swift, Viking, and Walker Creeks and their tributaries: The buffer shall extend one hundred feet (100') from the ordinary high water mark, except that the buffer for Second Creek upstream of the city's water supply intake shall be two hundred feet (200'). These buffers shall be increased by twenty five feet (25') for multi-family, industrial and commercial development; they shall be reduced by twenty five feet (25') for passive recreational uses such as parks or for low density residential development on lots 2.5 acres or greater and cannot be subdivided into lots less than 2.5 acres. There shall be no permitted reduction in the buffers for Second Creek. The setback shall be ten feet (10'), with no encroachment on the buffer allowed.

c. All Intermittent Streams: The buffer shall extend fifty feet (50') from the ordinary high water mark. The setback shall be ten feet (10'), with no encroachment on the buffer allowed.

d. Wetlands: For single-family residential development, the buffer shall be one hundred feet (100') for all wetlands not exempted under subsection C1e of this section. These buffers shall be increased by twenty five feet (25') for multi-family, industrial, and commercial development; they shall be reduced by twenty five feet (25') for passive recreational uses such as parks or for low density residential development on lots 2.5 acres or greater and cannot be subdivided into lots less than 2.5 acres. The setback shall be ten feet (10'), with no encroachment on the buffer allowed.

e. Exempt Wetlands: All isolated wetlands rated as category III or category IV using the Montana wetland assessment method, as developed and updated by the Montana department of transportation, and that are less than one thousand (1,000) square feet shall be exempt from these regulations. All such wetlands between one thousand (1,000) square feet and ten thousand (10,000) square feet shall have no buffer and setback restrictions and may be filled or otherwise degraded, if impacts are fully mitigated based on section 11-7-10 of this title. Existing storm ponds that were former wetlands, provided a fifteen foot (15') setback is maintained from the edge of the pond, are exempt.

f. Whitefish Lake: The buffer and setback shall be regulated under title 13 of this code. All development of property within seventy five feet (75') of the lake shall submit a water quality protection plan developed by a qualified professional, which shall make recommendations regarding stormwater management, impervious surface, grading and filling, and vegetation protection and restoration so that the estimated discharge of sediment, nutrients, and other pollutants to the lake during and after construction would be no greater than if the site had a seventy five foot (75') buffer, using a methodology approved by the director of public works. This plan may reference or incorporate other documentation required by the city. Requirements for a water quality plan may be waived by the public works director for minor disturbances.

g. All Other Lake Shorelines That Are Not Wetlands: The buffer shall be seventy five feet (75') from the mean annual high water elevation. The setback shall be ten feet (10'), with no encroachment on the buffer allowed.

2. Restriction On Subdividing: Land that is located wholly within a wetland or its buffer may not be subdivided. Land that is located partially within a wetland or its buffer may be divided provided that each resulting lot has sufficient buildable area outside of, and will not affect, the wetland or its buffer.

3. Restoration Incentive: Except for Whitefish Lake, buffer widths may be reduced up to twenty five percent (25%) if the buffer is restored or enhanced from a preproject condition that is disturbed (e.g., dominated by invasive species), so that functions of the postproject buffer are equal or greater. For single-family homes on existing lots of record, the restoration plan must be developed by a qualified professional for the relevant water quality protection area and must be approved by the director. For all other development, the restoration plan must also meet requirements in section 11-7-10 of this title.

4. Buffer Averaging: Except for Whitefish Lake, the director shall have the authority to average buffer widths on a case by case basis, where a qualified professional demonstrates to the director's satisfaction that all of the following criteria are met:

a. The total area contained in the buffer after averaging is no less than that contained within the buffer prior to averaging;

b. Decreases in width are generally located where riparian functions may be less sensitive to adjacent land uses, and increases are generally located where riparian functions may be more sensitive to adjacent land uses, to achieve no net loss or a net gain in functions; and

c. The averaged buffer, at its narrowest point, shall never be less than fifty percent (50%) of the standard width or fifty feet (50') for the Whitefish River.

5. Allowed Activities In Buffers: The director shall permit the following uses within a stream, wetland, or lake buffer, provided they meet the standards set forth below and are not prohibited by any other applicable law. Certain allowed activities require a water quality protection plan approval. Activities along perennial streams, including the Whitefish River, may also require review and approval from the Flathead conservation district:

a. Authorized Activities: For lake buffers, activities specifically authorized under title 13, "Lake And Lakeshore Protection Regulations", of this code.

b. Viewing Structures: Viewing structures, if they are no greater than one hundred (100) square feet, have no permanent foundation, and have impacts mitigated by planting an area with native vegetation at least equal in size to the area disturbed by the structure, preferably in the same buffer.

c. Walkways And Trails: Walkways and trails, provided pathways minimize adverse impacts on water quality. As applicable, trails must comply with section 11-3-33 (erosion control) of this chapter and section 11-7-10 (mitigation for impacts) of this title. Paths should be designed using the best management practices and obtain permits when necessary. Unless required by the Americans with disabilities act or otherwise approved in the city's adopted master trails plan, they should generally be parallel to the perimeter of the water body, located in the outer twenty five percent (25%) of the buffer area, avoid removal of mature trees, and be limited to pervious surfaces no more than four feet (4') in width. City paths/trails also require approval of a water quality protection permit. A walking path to a lake, stream, or wetland may be permitted for single-family homes on existing lots of record provided impacts are mitigated based on recommendations by a qualified professional for the relevant water quality protection area, which must be approved by the director. For all other developments, mitigation for such a path must also meet requirements in section 11-7-10 of this title.

d. Pesticides And Fertilizers: Pesticides and fertilizers may be applied in buffers under the following conditions:

(1) Pesticides shall be applied according to the manufacturer's label. There are specific materials labeled for use that are appropriate applications in aquatic, ditch bank/edge areas and upland environments. All others shall be prohibited. The applicator shall ensure that the pesticide application is applied in accordance with the restrictions of the label for its intended use, targeted vegetation and/or area being treated.

(2) No fertilizer shall be applied to any buffer unless suggested as part of a buffer enhancement/mitigation plan. Such plan shall provide soils sample analysis indicating a need for the fertilizer and the composition of macronutrients (N, P, K), a schedule of application and measures to ensure the fertilizer does not reach adjacent water bodies. Fertilizer applied shall be no more than is needed for plant uptake.

e. Forest Management: Tree removal within the buffer area for the following shall require the submittal of a tree removal plan to the zoning administrator for review and approval prior to removing trees:

(1) Tree removal for the health of the stand, including fuel reduction, habitat improvement, removal of diseased wood, and thinning for acceleration of multi-age, multi-story characteristics. Trees planted by the current property owner may be removed at the sole discretion of that property owner and need not be replaced unless they were required as mitigation or through an enforcement action under this section.

(2) Tree removal for limited view enhancement, meaning filtered views and/or view corridors from key vantage points, such as decks, balconies, and picture windows, achieved by pruning or limbing or, as a last resort, limited tree removal. Trees removed shall be replaced with additional trees at least three inches (3") in trunk diameter as measured eight inches (8") above ground level, unless installation of such trees would create erosion or slope stability hazards that cannot be adequately controlled or mitigated. Conifers removed shall be replaced by conifers. Replacement trees and shrubs shall be located in the same general area of the site as the trees removed, to the extent consistent with purposes for removal, and shall be sufficient in number to provide a comparable area of root coverage, once established.

f. Stream Crossings: Stream crossings, if necessary to provide access to property and if impacts are fully mitigated consistent with an approved water quality protection areas report.

g. Stormwater Management Facilities: Stormwater management facilities may be allowed within the outer twenty five percent (25%) of buffers, provided that:

(1) No other location with less impact is feasible; and

(2) Mitigation for impacts is provided to achieve no net loss or a net gain in functions.

h. Connection Lines To Utilities: Connection lines to utilities, if required by the city or utility, with a restoration plan for disturbed soils and vegetation approved by the director.

i. Stream Bank Stabilization: Bioengineering or soft armoring techniques for stream bank stabilization is preferred.

6. Allowed Activities In Setbacks: In addition to activities identified in subsection C5 of this section, the following uses are allowed in a stream, wetland, or lake setback, provided they are not prohibited by any other applicable law:

a. Activities specifically authorized within lake setbacks under section 11-3-27 of this chapter.

b. Recreational structures such as play apparatus or patios at grade and associated safety devices (railings, steps, etc.).

c. Vehicular access for maintenance or essential emergency services.

d. Lawns, gardens, and the application of associated fertilizers, herbicides, and pesticides are allowed.

e. Incidental outdoor storage of nonhazardous materials.

f. Tree removal is not restricted, but tree retention and management are highly encouraged, as is the planting of native trees.


D. Slopes And Geologic Instability: If a project is proposed on a lot or parcel with slopes greater than ten percent (10%) and is within two hundred feet (200') of a lake, wetland or intermittent or perennial stream, the applicant shall submit a geotechnical letter, as described below.

1. Geotechnical Letter:

a. Assessment Of Site Conditions: The letter shall include an assessment of the existing geologic and geotechnical site conditions, including surface water runoff, groundwater, soil types, erosion, and slope stability.

b. Conclusions And Recommendations: The qualified professional shall prepare conclusions and recommendations for the proposed development and any mitigation necessary to address existing site conditions that may need to be modified due to the proposed development.

c. Maintenance Responsibility: Perpetual maintenance of all stabilization measures and their design effectiveness is the express responsibility of the property owner and all heirs and assigns. Failure to maintain these measures and their design effectiveness shall constitute a violation of this section pursuant to section 11-7-13 of this title.

2. Exemption: For the following residential development applications within two hundred feet (200') of a lake, wetland or stream, the director shall waive the requirements of this subsection:

a. An addition less than two hundred (200) square feet in size.

b. Detached unoccupied auxiliary buildings such as garages and sheds six hundred (600) square feet or less.

c. Decks attached to structures where no additional load bearing weight is added to an adjacent slope.

d. Other small or minor disturbances, as determined by the director.


E. Critical Stormwater Conveyances:

1. Restricted Area: No building, structure, excavation, filling, or development of any kind, and no terrain disturbance that would interfere with stormwater flow shall be allowed within critical stormwater conveyances, as defined by this section, unless otherwise approved through a reasonable use exception under subsection B5 of this section, a variance under subsection B6 of this section, or by the director of public works as part of a detailed drainage study.

2. Applicability: This section applies only to critical stormwater conveyances that have been identified on the city's most current maps, or to critical stormwater conveyances identified by the director of public works based on field observation, with the precise location of the conveyance to be determined on a site by site basis, as described in this subsection E.

3. Location: Precise location of critical stormwater conveyance boundaries shall be determined on a site by site basis by the director of public works based on estimated flows for a 25-year storm (having a 4 percent chance of occurring in any given year), in consultation with the property owner and/or project proponent and reviewing the most recent city stormwater conveyance mapping, within thirty (30) days of a request by the property owner. The property owner may hire a qualified professional to establish the precise location of the boundaries and submit the determination for the city's review and approval.

4. Setback: New structures or terrain disturbance that would interfere with stormwater flow are also prohibited within fifteen feet (15') of designated critical stormwater conveyances. Patios, driveways, and landscaping that would not significantly interfere with stormwater flow are allowed.

5. Property Access: Structures necessary for vehicle access are allowed within critical stormwater conveyances and setback areas if they do not reduce conveyance capacity.

6. Pesticide And Fertilizer Application:

a. Pesticides shall be applied according to the manufacturer's label. There are specific materials labeled for use that are appropriate applications in aquatic, ditch bank/edge areas and upland environments. All others shall be prohibited. The applicator shall ensure that the pesticide application is applied in accordance with the restrictions of the label for its intended use, targeted vegetation and/or area being treated.

b. Fertilizer applied shall be no more than is needed for plant uptake, taking into account the nutrient content of the soils.

7. Restricted Activities: Removal and/or disturbance of existing ground vegetation and trees within critical stormwater conveyances, and filling and excavation of areas adjacent to critical stormwater conveyances, shall not be conducted in such a manner as to negatively impact the conveyance through additional runoff, erosion, or sedimentation. No storage or vehicle parking of any kind shall be allowed within a critical stormwater conveyance. (Ord. 12-04, 2-6-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098835
11-3-30: PERSONAL SERVICES:linklink

Conditional use criteria for personal services shall be as follows:


A. When specified as a conditional use, the criteria in section 11-7-8 of this title shall be applied; provided, however, if the use involves an existing structure, an administrative conditional use permit, as provided in subsection 11-7-8M of this title, shall be obtained. Such services with more than two (2) chairs or stations proposed for an existing structure are not eligible for an administrative permit process.


B. The applicant shall meet the following design standards:

1. Total signage shall be as provided in chapter 5 of this title.

2. All parking shall be provided off street according to the sum of the uses on a particular property as follows:

a. Two (2) spaces per residential unit.

b. One space per employee per maximum shift, excluding resident family members.

c. One space for each client, customer or visitor who will be present or arriving during the period of daily activity with a minimum of two (2) spaces required per chair or station.

d. In no case shall required parking be less than that required in chapter 6 of this title under professional offices.

3. All landscaping and parking lot improvements, including asphalt/concrete work, shall be completed prior to occupancy; provided, however, should occupancy occur between November and April, the owner/applicant may delay landscaping and parking lot/driveway hard surfacing until the following May 15 to avoid inclement weather.

4. Any exterior modifications to the building shall be done in a mode architecturally compatible to and in scale with buildings in the adjacent residential neighborhood. Exterior modifications shall not exceed paint, siding, roofing and exterior refurbishment.


C. With the exception of one such item, guides and outfitters cannot openly store equipment such as boats, bikes, rafts, and horse trailers. (Ord. 12-01, 1-17-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098836
11-3-31: MUSIC AND DANCE SCHOOLS AND STUDIOS:linklink

Conditional use criteria for music and dance schools and studios shall be as follows:


A. The facility shall adhere to all occupancy, ADA, international building code, and egress requirements.


B. If necessary, prior to operation the facility shall be insulated with sound dampening materials to mitigate noise impacts to adjacent properties.


C. Parking shall be one space for every twenty five (25) students present at a given time on a typical day, plus one space for each employee and teacher on a maximum shift. If a performance/assembly area is present, an additional one space per eight (8) seats plus one space for each one hundred (100) square feet of space without seats shall be provided. Shared parking opportunities shall be evaluated on a case by case basis.


D. A safe student pick up and drop off zone shall be provided where possible with twenty feet (20') of signed loading area for each fifteen (15) students on site during lessons.


E. All landscaping and parking lot improvements shall be completed prior to occupancy unless occupancy occurs between November and April, in which case the owner/occupant may delay landscaping and hard surfacing until May 15 to avoid inclement weather.


F. Access to the facility from an alley rather than the collector street may be allowed with city council approval.


G. Signage requirements shall adhere to residential district requirements (see section 11-5-6-4 of this title).


H. New buildings and exterior modifications to existing buildings shall maintain the residential character of the adjacent neighborhood by being architecturally compatible with and in scale with nearby buildings. (Ord. 09-09, 8-3-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098837
11-3-32: RECREATIONAL VEHICLE STORAGE:linklink

Commercial storage of recreational vehicles, including boats, shall comply with the following standards:


A. Open or enclosed storage areas shall meet primary setbacks of the underlying zone and in no case shall the front yard setback be less than twenty feet (20'). When the storage area is located adjacent to a residential district or use, the minimum setback shall be twenty feet (20').


B. Screening of open or enclosed storage areas shall meet the site obscuring fencing, subject to the requirements in subsection 11-3-11A of this chapter, and landscaping buffer requirements of section 11-4-8 of this title. Front yard fencing shall be set back a minimum of twenty feet (20').


C. Paving of storage areas shall only be required when the storage area, drive lanes and parking areas are five thousand (5,000) square feet or more. All entrances from a public or private street to the storage areas shall be paved to a depth of no less than forty feet (40') to ensure materials are not tracked onto streets. All unpaved parking areas shall be maintained in a dust free surface and meet the load requirements of the Whitefish fire marshal.


D. All enclosed storage facilities shall receive architectural review approval prior to submitting an application for a building permit. All enclosed facilities shall meet the building height limits in subsection 11-3-2B of this chapter for an accessory structure. (Ord. 09-05, 4-6-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098838
11-3-33: EROSION AND SEDIMENT CONTROL:linklink


A. Erosion Control Plan Implementation And Compliance: Erosion and sediment control plans are required for all development and redevelopment activities that require a building permit, create more than two thousand five hundred (2,500) square feet of new impervious surface area, result in more than one-fourth (1/4) acre being cleared and graded, or that clears or grades land within one hundred feet (100') of a stream, lake, or wetland. An erosion and sedimentation control plan must be submitted to the Public Works Department at least thirty (30) days before land disturbance begins.


B. Site Sediment Control During Construction: Erosion control measures that are in compliance with an approved erosion control plan must be in place prior to the start of construction or site disturbance. Installation and maintenance of erosion control devices and practices must be sufficient to retain sediment within the boundaries of the site. It shall be the duty of each party in control thereof to prevent soil, mud, rock or debris from such real property being deposited or otherwise transported onto streets, alleys, storm drains, utility facilities, rights-of-way, easements or receiving waters of the City. The erosion and sediment control barriers shall not be removed until all roadways have been paved and a permanent and stable vegetation cover has been established. (Ord. 12-04, 2-6-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098839
11-3-34: MEDICAL MARIJUANA:linklink

Medical marijuana distribution, as allowed and defined under Montana State law, shall comply with the following standards:


A. No provider of marijuana or marijuana infused products shall be permitted to open or operate a storefront business in any zone within the Whitefish jurisdictional area. Storefront dispensaries may not be operated as a permitted use, conditional use, temporary use, accessory activity to another lawful land use, or as a home occupation.


B. Registered providers who are in full compliance with the Montana Marijuana Act shall be permitted to dispense medical marijuana and marijuana infused products as allowed under State law to qualified cardholders who are registered to that provider with the Montana Department of Health and Human Services.


C. Qualifying registered cardholders are not prohibited from possessing or cultivating legal personal quantities for their own consumption as allowed under State law. (Ord. 12-07, 4-16-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098840
11-3-35: SHORT TERM RENTAL STANDARDS:linklink

Certain zoning districts such as the WB-3, Resort Residential and Resort Business Districts permit paid visitor accommodation of less than thirty (30) days within a legal residential unit. These standards do not apply to bed and breakfasts, hostels, hotels or motels. Short term rentals are not compatible with other residential areas as there are potential traffic and noise impacts, as well as the diminished availability of long term rental and affordable housing units.


A. Performance Standards: Short term rentals are allowed in applicable zoning districts provided the following criteria are met. Each rented unit must:

1. Register a joint application for a short term rental and business license with the Whitefish Planning Office;

2. Conform to the land use provisions of this title and other applicable regulations;

3. Not exceed the allowable dwelling unit density of the underlying zoning district. A short term rental is defined as either a dwelling unit per section 11-9-2 of this title or any space within a dwelling unit rented independently for stays of less than thirty (30) days;

4. Meet the standards for off street parking found in chapter 6 of this title;

5. Be inspected by the Fire Marshal to ensure it meets current safety standards once the Planning Department deems the application complete;

6. Provide proof of application for a State of Montana public accommodation license for a tourist home. This license is administered by the Flathead City-County Health Department;

7. Report and remit Resort Tax in conformance with the Resort Tax requirements of title 3, chapter 3, "Resort Tax", of this Code;

8. Provide a name and phone number of a local contact person responsible for handling any problems that may arise with the property, if not a full-time resident;

9. Post an emergency contact notice visible from outside the front door with the owner's name and phone number (or local contact if absentee per subsection A8 of this section);

10. Keep the property and buildings maintained and continue to provide trash collection services;

11. Not display any outside signage advertising the short term rental; and

12. Provide verification the property is appropriately registered and meets requirements for State Bed Tax purposes.


B. Violations: A violation of any of the performance standards in subsection A of this section, as well as repeated complaints of disturbing the peace related to the property may result in suspension and possible revocation of the business license and short term rental permit, as well as possible enforcement action as outlined in this subsection. Operating a short term rental outside of an allowed district or without meeting all the standards listed above is a violation of this Code and subject to the penalties listed under title 1, chapter 4 of this Code. Advertising the availability of a short term rental unit that is either not in compliance with these standards or is outside one of the zoning districts that permit short term rentals shall be evidence of a violation and may incur enforcement remedies against either the property owner or listing agent. Advertising creates the following presumptions: 1) that the property owner and listing agent knew the standards and zoning; and 2) that the operator of the short term rental knew the duty to collect, report, and remit Resort Taxes due under title 3, chapter 3 of this Code. (Ord. 18-06, 2-20-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098841
11-3-36: MANUFACTURED HOME PARK STANDARDS:linklink


A. Lot Requirements:

1. All lots for manufactured home spaces in a manufactured home park shall meet the following requirements:

a. Manufactured home lots shall be arranged to permit the safe and practical placement and removal of manufactured homes.

b. The minimum lot width shall not be less than fifty feet (50').


B. Minimum Standards:

1. Setbacks From Boundaries: All manufactured homes shall be located at least twenty five feet (25') from any property boundary line abutting upon a public street or highway right-of-way and at least fifteen feet (15') from the other outer boundaries of the park.

2. Setbacks From Streets: All buildings, structures and manufactured homes shall be located at least ten feet (10') from the street providing access to it.

3. Distance Between Manufactured Homes: Neither manufactured home nor its attached structures, such as awnings or carports, shall be located within twenty feet (20') of any other manufactured home or its attached structures.

4. Detached Accessory Structures: No detached structure, such as a storage shed, shall be located within five feet (5') of any manufactured home or its attached structures.

5. Lot Coverage: A manufactured home shall not occupy more than one-third (1/3) of the lot area. The total area occupied by a manufactured home and its roofed accessory buildings and structures shall not exceed two-thirds (2/3) of the area of the lot.

6. Parking Spaces Required: A minimum of two (2) parking spaces shall be provided for each manufactured home lot. In addition, guest parking at the ratio of one space for each five (5) lots and vehicle storage parking at the ratio of one space per each ten (10) lots shall be provided. Parking dimensions shall meet the zoning standards for parking.


C. Marking Of Manufactured Home Lots: The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means. Location of lot limits on the ground shall be the same as shown on the approved plans.


D. Manufactured Homes To Be Skirted: Each manufactured home shall be skirted within sixty (60) days after it is moved upon a lot within the manufactured home park. Said skirting shall be of a fire resistant material complementary to that of which the manufactured home exterior is constructed and shall be attached to the manufactured home.


E. Electrical Systems: All electrical lines serving the subdivision shall be buried underground and shall be designed and constructed in accordance to the most recent edition of the national electrical code.


F. Oil Or Propane Gas Heating: Where oil or propane gas heating of a manufactured home is necessary, a fuel storage facility shall be provided on the manufactured home site not to exceed a three hundred (300) gallon capacity. Said storage facility shall extend no higher than six feet (6') above ground level and shall be located and screened so it will blend with its surroundings.


G. Gas Systems: All gas systems serving the subdivision shall be designed and constructed in accordance to the most recent edition of the national fuel gas code, the standard for the storage and handling of liquefied petroleum gases and the fire code.

1. A readily accessible and identifiable shutoff valve controlling the flow of gas to the entire gas piping system shall be installed near the point of connection of the liquefied petroleum gas container.

2. Each manufactured home lot shall have an accessible, listed gas shutoff installed. Said valve shall not be located under a manufactured home. Whenever a manufactured home lot outlet is not in use, the shutoff valve shall be plugged to prevent accidental discharge. (Ord. 13-06, 10-7-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098842
11-3-37: RECREATIONAL VEHICLE PARK AND CAMPGROUND STANDARDS:linklink

The provisions of this chapter shall apply to recreational vehicle parks and campgrounds, except as follows:


A. Roadway Width: The following standards shall govern the roadway widths:

1. A minimum ten foot (10') roadway width shall be provided for one-way streets or roads within the park/campground, provided such street:

a. Does not exceed five hundred feet (500') in length;

b. Has no on street parking;

c. Serves twenty five (25) or less spaces.

2. Otherwise the following shall apply:

a. Twenty feet (20') if no on street parking is proposed;

b. Twenty eight feet (28') if parking is proposed on one side of the street;

c. Thirty six feet (36') if parking is proposed on both sides of the street;

d. Minimum centerline curvature radius of forty five feet (45').


B. Recreational Vehicle Space: The lots or recreational vehicle spaces shall meet the following standards:

1. Minimum lot (space) width: Twenty five feet (25').

2. Minimum lot (space) area: One thousand five hundred (1,500) square feet.


C. Distance Between Recreational Vehicles: The distance between the recreational vehicles shall not be less than fifteen feet (15'). This includes any foldout or pop out portion or awnings attached to the vehicle. (Ord. 13-06, 10-7-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098843
11-3-38: AIRPORTS, HELIPORTS, AND HELIPADS:linklink


A. Airports, landing strips, heliports and helipads have unique land use impacts and must be consistent with public interest and safety. Such facilities must meet applicable safety standards of the federal aviation administration, state safety standards, and fire suppression and safety standards of the fire marshal. Heliport and helipad use permits shall not be assignable or transferable and terminate after one hundred eighty (180) days of nonuse.


B. Public and private airports, heliports, and helipads must be a minimum of three hundred feet (300') from adjacent properties.


C. Helipads for emergency vehicles such as air ambulances are exempt from permitting but shall comply with a fifty foot (50') setback from all property lines.


D. All takeoff, landing, and parking areas for manned helicopters must be surfaced with a dustproof material.


E. Manned helicopters are strictly prohibited from landing or taking off in areas outside of approved helipads or heliports, except for emergencies. (Ord. 14-14, 12-1-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098844
11-3-39: ARTISAN MANUFACTURING:linklink


A. Hours of operation for activities or services open to the public shall be limited to eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M.


B. Uses that create excessive, objectionable byproducts such as dirt, glare, heat, odor, smoke, waste material, dust, gas, atmospheric pollutants, noise or that have the potential for increased danger to life and property by reason of fire, explosion or other physical hazards are prohibited.


C. Shipping and receiving shall be limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. except for rail related shipments.


D. All outdoor storage shall be enclosed and screened from adjacent properties and public streets.


E. All outdoor seating and outdoor display shall be screened from adjacent residential uses by fencing or landscaping.


F. All outdoor lighting shall be compliant with section 11-3-25, "Outdoor Lighting Standards", of this chapter.


G. No more than forty percent (40%) of gross floor area shall be used for retail sales, no more than forty nine percent (49%) of the gross floor area shall be used for food and beverage consumption (outdoor seating areas not included in calculation).


H. With the exception of minor accessory items directly related to the use of the primary product (i.e., paddles or life preservers at a paddleboard manufacturer) only items manufactured or assembled on site may be sold on the premises. (Ord. 16-06, 3-7-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098845
11-3-40: MICROBREWERIES AND MICRODISTILLERIES:linklink


A. Hours of operation and maximum servings shall be in accordance with state law.


B. With the exception of pallets and kegs screened by a site obscuring fence, outdoor storage is prohibited.


C. A grain silo may be permitted to be located outside the building where the beverages are manufactured. It may not be located in any required parking space or accessway. One sign may be permitted on the grain silo with a maximum size of twelve (12) square feet in addition to any other allowable signs permitted at the site.


D. Shipping and receiving is limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. when the facility is located within five hundred feet (500') of any residential or institutional use.


E. Outdoor seating areas shall be fenced around the perimeter. (Ord. 16-06, 3-7-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098846
11-3-41: LIVE/WORK UNITS:linklink


A. The exterior design of live/work buildings shall be compatible with the exterior design of commercial, industrial, and residential buildings in the area, while remaining consistent with the predominant workspace character of live/work buildings.


B. Any commercial or industrial use permitted in the zoning district applicable to the property is permitted in the live/work unit, subject to a business license.


C. A live/work unit cannot be used solely for residential purposes, and at least one resident in each live/work unit shall maintain a valid business license for a business on the premises.


D. For live/work units of less than two thousand five hundred (2,500) square feet, two (2) parking spaces are required for each unit. For live/work units of greater than two thousand five hundred (2,500) square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the zoning administrator. (Ord. 16-06, 3-7-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1098847
11-3-42: MULTI-FAMILY DEVELOPMENT STANDARDS:linklink


A. Purpose And Intent: The general purpose of the multi-family development standards are as follows:

1. To describe how new multi-family buildings will be compatible with their surroundings;

2. To ensure new multi-family development is compatible with and enhances the character of Whitefish's residential neighborhoods;

3. To enhance the built environment for pedestrians in higher density areas;

4. To provide for development of neighborhoods with attractive, well-connected streets, sidewalks, and trails that enable convenient, direct access to neighborhood centers, parks, schools, and transit stops;

5. To ensure adequate light, air, and readily accessible open space for multi-family developments in order to maintain public health, safety, and welfare;

6. To ensure the compatibility of dissimilar adjoining land uses;

7. To maintain or improve the character, appearance, and livability of established neighborhoods by protecting them from incompatible uses, excessive noise, illumination, loss of privacy, and similar significant nuisances; and

8. To encourage creativity and flexibility in the design of multi-family developments in a manner that maximizes unique site attributes and is compatible with the character and intensity of adjoining land use.


B. Orientation And Multiple Buildings Standards:

1. Requirement: Multi-family projects must be designed to orient to public streets and to provide distinct bicycle, pedestrian, and vehicular connections to existing neighborhoods.

2. Techniques: Techniques for complying with the requirement in subsection B1 of this section include, but are not limited to:

a. Using a modified street grid system where most buildings in a project front on a street. Where no public streets exist, creating a grid street system within the project.

b. Locating parking areas behind or under buildings and accessing such parking from alley-type driveways. If driveway access from streets is necessary, minimum width driveways meeting the Fire Code standards should be used. Shared driveways between adjacent uses are preferred.

c. Providing each building with direct and distinct pedestrian access from the main street fronting the building and from the back where the parking is located.

d. Design alternate and/or separate routes into the development that clearly define the bicycle and pedestrian areas versus areas for vehicles.

3. Site Planning Techniques: The following illustration depicts site planning techniques that orient multi-family projects to streets, adding value and identity to the complex by siting parking behind the buildings:


4. Multi-Building Design: For multi-family development sites with multiple buildings on one lot or multiple buildings on adjacent lots owned and developed contiguously as one apartment complex, the following additional standards apply:

a. Buildings must exhibit a general similarity of scale, orientation, and proportion with unified natural and built features. As a general rule, taller buildings must be placed toward the interior of the site and stepped back from the street.

b. Buildings must be grouped or sited with other buildings to create distinct outdoor spaces.

c. Retention ponds must be irregular and organically shaped.

d. Sites must connect to natural corridors and trail systems and must facilitate pedestrian and bicycle traffic.

e. Multiple buildings on one lot are subject to special provisions set forth in subsection 11-3-14B of this chapter.


C. Parking Location And Design:

1. Requirement: The impact of driveways and parking lots on the public and neighboring properties must be minimized by designing, locating, and screening parking lots, carports, and garages in a way that creates few interruptions on the street, sidewalk, or building facade. Bicycle parking and storage must be provided.

2. Techniques: Techniques for complying with the requirement in subsection C1 of this section include, but are not limited to:

a. Locating surface parking at the rear or side of lot;

b. Breaking large parking lots into small ones in a way that provides easy access for pedestrians;

c. Minimizing the number and width of driveways and curb cuts;

d. Sharing driveways with adjacent property owners;

e. Locating parking in areas that are less visible from the street but preferably with southern exposure for snow melt;

f. Locating driveways so they are visually less dominant and berming and landscaping them when they are visible from the street while maintaining required clear vision triangles (see section 11-3-8 of this chapter);

g. Screening parking lots abutting single-family residences with landscaping, berming, and/or natural material fencing (see section 11-6-5, "Landscape And Screening", of this title); and

h. Limiting parking lots on street frontages to thirty percent (30%) of the street frontage.

i. Parking lot lighting must be the minimum needed to create adequate visibility at night, must be energy efficient and dark sky compliant meeting outdoor lighting standards found in section 11-3-25 of this chapter, and must utilize energy efficient "warm-white" or filtered (CCT <3,000 K; S/P ratio <1.2) fully shielded LED lights as much as possible. Lighting must be provided where stairs, curbs, ramps, abrupt changes in walk direction, and crossing vehicle lanes occur.

j. Secure short-term bicycle parking must be provided in a convenient location at one space for every four (4) dwelling units, with a minimum of two (2) spaces provided.


D. Fences And Walls:

1. Requirement: The site must be designed to minimize the need for fences and walls which inhibit or discourage pedestrian use of sidewalks or paths, isolate neighborhoods, or separate neighborhoods from main roads.

2. Techniques: Techniques for complying with the requirement in subsection D1 of this section include, but are not limited to, placing pedestrian breaks and/or crossings at frequent intervals where a fence, wall or landscaped area separates a sidewalk from a building or one development from another, or when fencing is necessary, using fencing that is easy to see through such as natural wood split rail or picket fencing.


E. Site Lighting And Support Facilities:

1. Requirement: Provide adequate lighting, screening, and pedestrian access to supporting facilities such as tot lots, mailboxes, bus stops, recycling areas and dumpsters. If otherwise required as a condition of project approval, locate passenger shelters in well-lit areas with access to the multi-family walkway network. Provide for shielding and directing of lighting to minimize impacts upon residents and abutting property owners. Lighting must meet the requirements of section 11-3-25, "Outdoor Lighting Standards", of this chapter, and energy efficient "warm-white" or filtered (CCT <3,000 K; S/P ratio <1.2) fully shielded LED lights must be utilized as much as possible. Light fixtures not necessary for security purposes must be activated by motion sensor devices where practicable.

2. Techniques: Techniques for complying with the requirement in subsection E1 of this section include, but are not limited to:

a. Site Lighting:

(1) Providing site lighting along walkways throughout the project that is pedestrian scale, and low in height and intensity;

(2) Providing security lighting in parking areas and play areas;

(3) Preventing site lighting from shining into the dwelling units in the development; and

(4) Directing lighting away from neighboring development.

3. Bus Stops: Ensuring that the multi-family walkway network provides convenient pedestrian access to the nearest transit stop.

4. Support Facilities:

a. Locating support facilities such as trash receptacles, dumpsters, and mechanical equipment in areas adjacent to interior walkways; and

b. Fully screening and landscaping support facilities.


F. Grading/Tree Retention:

1. Requirement: Multi-family projects must be designed to minimize impacts to existing topography and vegetation.

2. Techniques: Techniques for complying with the requirement in subsection F1 of this section include, but are not limited to:

a. Incorporating the natural grades in the overall design of the project;

b. Incorporating existing groups of trees/vegetation that will be protected and retained;

c. Minimizing disturbance of open space areas to better facilitate stormwater infiltration; and

d. Avoiding the placement of buildings adjacent to ridgetops, so the rooftops do not extend above the crest of the ridgetops of the hillside, especially where views of natural amenities are concerned.


G. Open Space And Outdoor Common And Private Spaces:

1. Requirement: Usable common area open space of at least ten percent (10%) of the site must be provided in a multi-family development for all the residents of the development.

2. Techniques: Techniques for complying with the requirement in subsection G1 of this section include, but are not limited to:

a. Combining the open space of contiguous properties to provide for larger viable open space areas;

b. Siting permanent outdoor recreation equipment away from storm drainage facilities;

c. Using walkways to connect the open space to the multi-family buildings, parking areas, and adjacent neighborhoods; and

d. Incorporating a variety of activities for all age groups in the open space.

3. Private Outdoor Spaces: Visually shielded private outdoor spaces such as yards, decks, or patios should be provided to encourage a sense of ownership by residents. Shielding may consist of berms, hedges, landscaping, fencing, or walls.


H. Neighborhood Scale:

1. Requirement: To the extent reasonable and practicable, the architectural scale of new buildings proposed for existing neighborhoods must be compatible with and complement the architectural character of neighboring buildings.

2. Techniques: Techniques for complying with the requirement in subsection H1 of this section include, but are not limited to:

a. Breaking a multi-family building into house size building elements, especially where there is a building height transition from adjoining development; and

b. Using the existing separation pattern and orientation of buildings in the adjacent neighborhood to establish the pattern of the new developments.

3. Design: The following illustrations depict how multi-family buildings can be better integrated into existing neighborhoods through architectural design:

a. Articulation and modulation of buildings and roof lines reduces perceived building bulk and scale.


b. Designing multi-family buildings to "step back" from abutting lower density properties helps the building to better fit into the existing neighborhood.


c. The multi-family buildings depicted as "A" and "B" above have been built on an identical site. However, building example "A" incorporates design clues from the surrounding neighborhood and is the preferred design. Building example "A" covers roughly the same lot area as building example "B" and provides for the same number of units, while fitting in with its surroundings. Multi-family building example "B" has been built on a site surrounded by single-family development. The building design is undesirable as it bears no resemblance to the existing neighborhood and looks out of place. (Ord. 19-13, 6-17-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1346099
11-3-43: MIXED-USE AND NON-RESIDENTIAL BUILDING DEVELOPMENT STANDARDS:linklink


A. Purpose And Intent: The general purposes of the mixed-use and non-residential design standards are as follows:

1. To help implement the City's Growth Policy, Downtown Business District Master Plan, and various Corridor Plans;

2. Promote development in the City's Commercial Zones compatible with the historic character and pedestrian orientation of Whitefish, encouraging and requiring commercial development that enables the safe circulation of pedestrians with minimal vehicle-pedestrian conflicts, softens the auto-dominated nature of the zoning district, and provides a regional design, which invites the pedestrian into ground floor commercial establishments;

3. Enrich the quality of Commercial Zones built and natural environments;

4. Promote distinct communities and senses of place that strengthen the Commercial Districts as commercial service destinations for the City's residents and visitors;

5. Provide clear direction to public and private decision makers regarding the City's property development expectations; and

6. Require building design compatible with adopted requirements, while allowing design professionals guidance that is flexible and encourages creative solutions.


B. Building Orientation And Multi-Building Sites:

1. Orientation: Buildings must be oriented towards the primary street frontage and public paths and/or sidewalks. Buildings on corner lots should be oriented towards the primary intersection.

a. Where properties front one or more streets, new buildings must be located no more than twenty five feet (25') from the primary street frontage.

(1) Exception: The maximum front yard setback does not apply where a landscaped greenbelt is required. In those cases, buildings must be placed as close to the greenbelt as practical.

(2) Exception: Accessory and secondary buildings need not comply with the maximum setback standards where a primary building occupies the available street frontage.

(3) Front Yard Requirements: No vehicle access, drive throughs, or private roads are allowed in the twenty five foot (25') area, it must be either landscaped or pedestrian space such as plazas or patios with outdoor seating.

b. Buildings must be arranged on the site so that their orientation frames, encloses, or otherwise gives prominence to a pedestrian corridor, an outdoor gathering space with outdoor seating, a "main street" pedestrian or vehicle access corridor within the site, or the corners of street intersections or entry points into the development.


 

 

c. Buildings on corner lots should be oriented toward the primary intersection and the primary and secondary street frontages, while parking and auto access must be located away from the primary intersection corners.




d. The use of lot corner entrances, plazas, signage, and/or landscaping is encouraged to accentuate corner sites.

2. Separation: Where buildings are separated from the public sidewalk along the primary street frontage, the space should contain public and pedestrian amenities.


a. Buildings may be separated from the sidewalk by plazas, landscaping, benches, bicycle racks, trash cans, and other pedestrian amenities.

3. Multi-Building Design: For non-residential and mixed-use development sites with multiple buildings on one lot or multiple buildings on adjacent lots owned and developed contiguously as part of a business, retail, or industrial park, the following additional standards apply:

a. Buildings must exhibit a general similarity of scale, orientation, and proportion with unified natural and built features. As a general rule, taller buildings must be placed toward the interior of the site and stepped back from the street.

b. Buildings must be grouped or sited with other buildings to create distinct outdoor spaces, with distinct pedestrian connections between the buildings, parking, and the street.

c. Retention ponds must be irregular and organically shaped.

d. Sites must connect to natural corridors and trail systems and must facilitate pedestrian and bicycle traffic.

e. Multiple buildings on one lot are also subject to special provisions set forth in subsection 11-3-14B of this chapter.


C. Topography: Existing trees, topography and other existing natural features must be incorporated into the project design.

1. To the extent reasonable and practicable incorporate natural grades into the overall site plan.

2. Incorporate natural features such as trees, large rocks or boulders into landscaping design.

3. To the extent reasonable, existing healthy, mature trees must be protected and incorporated into the overall site landscaping features.


D. Landscaping: Landscaping must be incorporated into new development design to soften the manmade environment, provide vegetative buffers, provide open space, and mitigate any unavoidable loss of existing native vegetation. The preferred method of landscaping is to first incorporate and preserve existing trees and shrubs, topography and other existing natural features into the project design. Any unavoidable loss of existing native vegetation must be mitigated.

1. Landscaping in parking lots must conform to the requirements of section 11-6-5, "Landscaping And Screening", of this title.

2. Landscaping techniques including living plant material and supporting elements must include, but are not limited to, the following:

a. Landscape open areas created by building modulation.

b. Retain natural vegetation and undisturbed open space.

c. Use plants that require low amounts of water, including native drought-resistant species.

d. Locate trees on storefront street frontages at appropriate spacing so that at maturity building signage and entrance are clearly visible from the street and sidewalk.

e. Incorporate on-site natural objects such as rocks, boulders and tree stumps into landscape design where possible.

f. Shrubs, grasses and other nontree vegetation must be included in the plan as appropriate to the site on a case-by-case basis.

g. Landscaping techniques for the WB-3 Zone and areas with limited undeveloped space may include:

(1) Providing frameworks such as trellises or arbors for plants;

(2) Incorporating planter guards, retaining walls, or low planter walls as part of the architecture;

(3) Incorporating upper story planter boxes, "green roofs", roof gardens or plants;

(4) Incorporating outdoor furniture into the landscaping plan.

3. The Zoning Administrator may consider a waiver of certain landscaping requirements if significant existing (especially native) vegetation and topography are preserved.


E. Off-Street Parking Lots: Development must minimize the impact of parking on the building's relationship to the street and pedestrian-oriented character and character of the neighborhood.

1. Off-street parking must be located to the side or rear of buildings.



2. Parking lots must not be located between the building and the primary street frontage.

3. Off-street parking must occupy no more than thirty percent (30%) of the primary street frontage nor more than seventy five percent (75%) of any secondary street frontage for corner lots.

4. Parking lot lighting must be the minimum needed to create adequate visibility at night, must be energy efficient and dark sky compliant meeting outdoor lighting standards found in section 11-3-25 of this chapter and must utilize energy efficient "warm-white" or filtered (CCT <3,000 K; S/P ratio <1.2) fully shielded LED lights as much as possible. Lighting must be provided where stairs, curbs, ramps, abrupt changes in walk direction, and crossing vehicle lanes occur. Light fixtures not necessary for security purposes must be reduced, activated by motion sensor devices, or turned off during hours when the business or use is not open.

5. Adjacent developments are required to link parking areas where physically possible as well as access ways in order to encourage combining of shopping trips, pedestrian activity and to reduce redundant driveways and the need to re-access arterials.

6. Vehicle circulation on-site must be clearly organized to facilitate movement into, throughout, and out of parking areas. Parking drive lanes and intersections must align wherever practical.

7. Low impact development techniques for stormwater management should be used wherever possible.

8. Secure short-term bicycle parking shall be provided in a convenient location at one space for every four (4) dwelling units and/or ten percent (10%) of the number of required vehicle parking spaces, whichever is greater, with a minimum of two (2) spaces provided.





F. On-Street Parking: On-street parking is encouraged along streets, access drives, and alleys in order to provide convenient access and reduce the need for off-street parking lots.

1. The required number of off-street parking spaces shall be reduced by one space for each newly developed on-street parking space.

2. Parking for Americans With Disabilities Act (ADA) requirements may be met on-street if such a location meets ADA design standards and would better serve the public than off-street ADA parking.


G. Pedestrian And Bicycle Accommodations: Provide safe, bicycle and pedestrian-friendly development.

1. Walkways must be provided between the primary abutting street and the main pedestrian entrances to buildings.

2. The interruption of sidewalks by driveways should be minimized. Where driveways cross sidewalks, the sidewalks should remain raised with a curb cut and ramp over the sidewalk provided so cars may pass over the sidewalk rather than requiring pedestrians to step down to an interrupting driveway.

3. Pedestrian access must be provided between commercial sites and adjacent areas. Existing informal pathway locations and future walkway locations shown in the nonmotorized transportation plan shall be taken into consideration when locating new paths.

4. Bicycle locking racks that support the entire bicycle frame, not just the front wheel, must be provided. Bicycle racks must be located as close as possible to primary building entrances (generally within 20 feet). New buildings should provide covered bicycle racks, especially those used by employees.


H. Mixed-Use Or Non-Residential Development Adjacent To Residential Zones: Buildings must be designed to ensure that building massing, height, and scale provide sensitive transition to adjoining residential neighborhoods. When abutting a Residential Zoning District, the project's landscaping plan must include provisions for vegetative screening between the project and the residential property.

1. New developments adjacent residential areas must mitigate impacts through careful site planning and architectural design. Possible mitigation techniques include, but are not limited to, the following:

a. Locating open space and preserving existing vegetation on the site's edge to further separate the building from less intensive uses;




b. Stepping down the massing of the building along the site's edge;

c. Limiting the length of or articulating building facades to reflect adjacent residential patterns; and

d. Creative use and ongoing maintenance of landscaping, such as buffers, berms, mounds, rockeries, living fences, and swales. Buffers should be designed to avoid the appearance of a straight line or "wall" of uniform plant material and must be wide enough to accommodate the planted species at maturation.


I. Support Elements: Mechanical elements, loading areas, trash, and recycling containers must be located and/or screened to minimize their visibility from public view.

1. Refuse and storage containers must be screened with built and/or landscaped confinements.

2. Refuse and storage areas should be located to the rear or side of the property and away from adjacent streets and residential property.

3. Service and loading areas should be located to the rear or sides of buildings away from adjacent streets but must be designed for convenient use. (Ord. 19-13, 6-17-2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=42955#s1346100


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 6 of this title.
Footnote 2: See chapter 4 of this title.
Footnote 3: See diagram in section 11-8-1, appendix D of this title.
Footnote 4: See chapter 6 of this title.
Footnote 5: See title 12 of this code.
Footnote 6: See title 12 of this code.
Footnote 7: See also subsection 9-1-6C of this code.
Footnote 8: See subsection C4 of this section for examples of camouflage.