Whitefish City Zoning Code
CHAPTER 2
ZONING DISTRICTS
11-2-1: ZONING DISTRICTS ESTABLISHED:
For the purposes of applying these regulations to the zoning jurisdictional area of the city, said area is hereby divided into use districts as follows:
District Title
|
District Title
| |
WA | Agricultural |
WCR | Country residential |
WSR | Suburban residential |
WER | Estate residential |
WLR | One-family limited residential |
WR-1 | One-family residential |
WR-2 | Two-family residential |
WR-3 | Low density multi-family residential |
WR-4 | High density multi-family residential |
WB-1 | Limited business |
WB-2 | Secondary business |
WB-3 | General business |
WB-4 | Business park |
WRR-1 | Low density resort residential |
WRR-2 | Medium density resort residential |
WRB-1 | Limited resort business |
WRB-2 | General resort business |
WI | Industrial and warehousing |
WPUD | Planned unit development |
WBMV | Big Mountain village |
WBMRR | Big Mountain resort residential |
WBSD | Business service |
WT-3 | Neighborhood mixed use transitional district |
WI-T | Industrial transitional district |
WB-T | Business transitional district |
A. Zoning District Parcel and Building Standards Tables:
1. Residential Districts:
2. Resort Districts:
3. Commercial and Industrial Districts:
4. Transitional Districts:
(Ord. A-407, 3-15-1982; amd. Ord. 06-30, 10-16-2006; Ord. 08-08, 5-19-2008; Ord. 14-21, 1-5-2015; Ord. 16-06, 3-7-2016; Ord. 23-13, 8-21-2023)
11-2-2: LOCATION AND BOUNDARIES OF DISTRICTS:
A. Official Map: The locations and boundaries of the use districts are established as they are shown on a map, entitled the official zoning map of the city of Whitefish, which shall become effective with and as an inseparable part of these regulations as of the date of adoption by the city council. These regulations are invalid without said map and likewise the map is deemed to be invalid without these regulations.
B. Interpretation Of Boundaries: Where uncertainty exists as to the boundaries of any of the aforesaid districts on said map, the following rules shall apply. Where more than one of the following rules are applicable in any given situation, the first enumerated applicable rule shall prevail:
1. Where a district boundary line is shown by a specific dimension, such specific dimension shall control.
2. Where a district boundary line is located within or along a street, alley, right-of-way or waterway, the boundary line shall be deemed to be the centerline of such street, alley, right-of- way or waterway or extensions therefrom.
3. Where a district boundary line is shown as approximately following platted lot lines, the district boundary line shall be deemed to coincide with such platted lot lines.
4. If none of the above rules are deemed sufficient to resolve the question, the Zoning Administrator:
a. Shall, using a scale rule, measure a line drawn on the map, take note of the dimensions and record such dimensions on the map, thus establishing for future reference the location of said boundary in a manner to be consistent; or
b. May arbitrarily make a decision based on his knowledge and understanding of these regulations specifically determining the boundary in question. Any such decision becomes fixed, unless amended by the City Council, and a reference shall be entered on the map showing date such arbitrary decision was made. The Zoning Administrator shall keep on permanent file any such decision which may be amended or altered only by the City Council.
C. Guidelines: District boundaries shall, except for unique conditions or circumstances, take into consideration property boundaries as platted and every effort shall be made to not divide a platted lot, parcel or tract of land into two (2) or more use districts.
If, however, a property is divided into two (2) use districts, the property may be utilized in conformance with one zoning district or the other as long as the use is confined to that portion of the property for which it is zoned. The remainder of the lot lying within the other zoning classification will remain open. This is not meant to preclude the possibility of the owner applying for a zone map amendment or subdivision of the lot to address the situation. (Ord. A-407, 3-15-1982)
11-2-3: USE REGULATIONS:
A. Established: The use districts, regulations and uses permitted in these use districts are hereby established as set out in this title.
B. General Regulations: Notwithstanding any specific regulations that may be enumerated for each district, the following general regulations, where applicable, shall apply:
1. Any parcel of land having an area or width less than that required by these use regulations, and which parcel was legally established at the time it came under the provisions of this title, is deemed to be a lot and may be used as a building site; provided, however, all other regulations for the district are complied with.
2. Accessory structures or uses may be constructed or established on any lot prior to the principal structure or use; provided, however, the principal structure or use is in use not later than two (2) years after the substantial completion of the accessory structure or use.
3. Where several contiguous lots are to be developed as a single project, the exterior lot lines of the series of lots will be used for determining compliance with the provisions of this title. However, prior to or as a condition of issuance of any building permit, all interior lot lines affected by the structure(s) must be abandoned.
4. In the event a neighborhood plan has been adopted as an addendum to the Whitefish Growth Policy, the provisions of the neighborhood plan will serve as a specific guide to future land use regulations for the area subject to the plan. The neighborhood plan may limit or otherwise establish more restrictive land use regulations than set forth by the zoning classification of this title, in which case the more restrictive provisions of the plan will control.
5. The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, transmission towers, smokestacks, flagpoles, masts, aerials, cooling towers, elevator and stairwell shafts, rooftop equipment screening that is no taller than the equipment (such screening can not be used to create additional exterior wall height) and other similar projections. Building height and permitted exemptions in the WB-3 district must meet the standards in section 11-2L-4 of this chapter.
6. Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, steps and other similar architectural features and appurtenances must not encroach into a required setback more than one-third (1/3) of the distance of the required setback. Appurtenances such as those referenced above may also encroach up to one-third (1/3) into an existing nonconforming setback, provided that in no case will any appurtenance be less than three feet (3') from an adjacent property line. It is the responsibility of the property owner to ensure that no snow or stormwater is allowed to fall or flow onto adjacent property as a result of any construction allowed by this section. No architectural features or appurtenance may encroach upon public right of way without the proper encroachment permit from the city of Whitefish.
7. Bay windows and associated eaves may encroach into a required setback not more than one-third (1/3) of the distance of the required setback, provided the following standards are met:
a. The bottom of the protrusion for the bay window is at least thirty inches (30") above floor level; and
b. The opening in the wall for the bay window is no greater than eight feet (8') in width.
8. Cantilevers (a.k.a. "bump outs") or other architectural elements intended to provide visual interest and architectural variety may encroach into a required setback not more than one-third (1/3) of the distance of the required setback, provided the following standards are met:
a. The combined widths of all openings do not exceed thirty percent (30%) of the total length of the building wall from which the encroachment protrudes, but in no case can any single cantilever width exceed twelve feet (12') measured at the wall line.
b. The width of the cantilever must not exceed the width of the opening in the wall.
c. Two (2) encroaching cantilevers on the same building wall must be separated by no less than fifty percent (50%) of the maximum width of the widest cantilever.
d. Multilevel and multi-story cantilevers are not allowed
9. Open porches, landings, decks or balconies may be allowed to extend into the front or rear yard, but must not exceed one-third (1/3) of the distance of the required setback.
10. The allowed commercial uses in permitted mixed-use buildings located in commercial zones must be listed in either the permitted or conditional uses of that zoning district.
11. Occupied recreational vehicles intended to be used for overnight camping or lodging and preparation of meals may only be parked:
a. Within licensed recreational vehicle parks.
b. On private residential lots as an accessory where no fee is charged and individual length of stay does not exceed thirty (30) days in a calendar year.
12. Only one principal use is allowed per lot of record. Multiple detached principal uses may be allowed on a single lot of record upon the issuance of a conditional use permit.
13. The conversion of basement or attic space within a residence legally nonconforming with respect to setbacks is not subject to a zoning variance provided the conversion does not further encroach into the required setback. This provision would allow the construction of dormers for attic conversion and egress windows for basement conversion. This exception does not apply to situations where the overall roof pitch or height is being changed or a second floor is being added.
14. No terrain disturbance for development purposes may be undertaken until such time as a site plan pursuant to a building permit is approved by the planning and building department or the property owner has received either preliminary plat approval, PUD approval, or a conditional use permit, if required. For purposes of this section, "terrain disturbance for development" means any grading, excavation, stockpiling of fill material, or clearing of vegetation in preparation to construct and/or provide access to a principal or accessory structure. Nothing in this subsection prohibits or precludes routine property maintenance, forest management, or any lawful grading or excavation of property not associated with development.
15. Uncovered, open air access ramps and stairs no wider than four feet (4'), or as required by Building Code, may encroach up to the property line or public right-of-way when providing primary access to an exterior door from a public right-of-way.
16. Residential or mixed-use developments approved under the Whitefish Legacy Homes Program may have modified development standards such as increased building height or reduced parking pursuant to section 11-1A-6 of this title.
(Ord. A-407, 3-15-1982; amd. Ord. 97-2, 10-20-1997; Ord. 04-03, 3-1-2004; Ord. 07-33, 10-15-2007; Ord. 10-04, 2-1-2010; Ord. 14-21, 1-5-2015; Ord. 16-04, 2-16-2016; Ord. 19-11, 6-3-2019; Ord. 23-27, 11-20-2023)
11-2-4: APPLICABILITY OF REGULATIONS:
A. Except as hereinafter provided:
1. A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used only as this title permits.
2. No lot dimension, yard or off street parking area existing on or after the effective date of this title shall be reduced below the minimum requirements of this title.
3. If a lot or the aggregate of contiguous lots or parcels platted prior to the adoption of these regulations has an area or dimension which does not meet the requirements of these regulations, the lot or aggregate holdings may be put to a use permitted in that zone subject to all the other requirements of the zone in which it is located.
B. The zoning plan and regulations shall apply to all private and public lands and structures within the zoning jurisdiction of the City. (Ord. A-407, 3-15-1982)
11-2A-1: INTENT AND PURPOSE:
The WA District is intended for areas for silviculture, agricultural functions, outdoor recreation purposes, open spaces or future development, and for detached single-family homes and duplexes with customary farm and/or accessory buildings situated in a setting conducive to a rural lifestyle. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2A-2: PERMITTED USES:
• Agriculture/silviculture.
• Campgrounds and recreational vehicle parks.
• Cemeteries and mausoleums.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings or uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family and duplex dwellings.
• Sales stands for the sale of farm or ranch products produced on the premises or items similar to those products (minimum 10 foot setback from side and rear property lines). (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2A-3: CONDITIONAL USES:
• Airports and landing strips, including heliports and helipads (see special provisions in section 11-3-38 of this title).
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents or dormitories.
• Daycare centers (more than 15 individuals).
• Extraction industries.
• Guesthouses.
• Kennels and animal training centers.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Retreat center.
• Schools (K - 12).
• Stables and riding academies.
• Veterinary offices and hospitals. (Ord. 14-14, 12-1-2014; amd. Ord. 14-21, 1-5-2015; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2A-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 15 acres |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 50 feet |
Side | 20 feet each |
Rear | 20 feet |
Maximum height | 35 feet |
Permitted lot coverage: | |
2 acres or less | 20 percent |
2 acres or more | 10 percent |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use. However, accessory uses (excluding any type of living quarters) may be built within 3 feet of a side or rear lot line that does not border a street, a river or lake, or the front half of any adjoining lot |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2B-1: INTENT AND PURPOSE:
The WCR District is intended for detached single-family homes and duplexes together with farm and/or accessory buildings situated in a setting conducive to a rural lifestyle. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2B-2: PERMITTED USES:
• Agriculture/silviculture.
• Cemeteries and mausoleums.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' park.
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family and duplex dwellings.
• Sales stands for the sales of farm or ranch products produced on the premises or items similar to those products. (Minimum 10 foot setback from side and rear property lines.) (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2B-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents or dormitories.
• Daycare centers (more than 15 individuals).
• Guesthouses.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Private recreational facilities.
• Retreat center.
• Schools (K - 12).
• Stables and riding academies.
• Type I community residential facilities.
• Veterinary offices and hospitals. (Ord. A-407, 3-15-1982; amd. Ord. 05-01, 1-18-2005; Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2B-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 21/2 acres |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 50 feet |
Side | 20 feet each |
Rear | 20 feet |
Maximum height | 35 feet |
Permitted lot coverage | 10 percent maximum |
Off street parking | See chapter 6
of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet shall be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 23-13, 8-21-2023)
11-2C-1: INTENT AND PURPOSE:
The WSR District is intended for single-family homes and duplexes in an estate type setting and is designed to maintain, protect and preserve a character of development characterized by uses of a residential purpose and with no more than one dwelling unit and customary accessory buildings on one lot. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2C-2: PERMITTED USES:
• Cemeteries and mausoleums.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family and duplex dwellings. (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2C-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Daycare centers (more than 15 individuals).
• Guesthouses.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Private recreational facilities.
• Schools (K - 12).
• Type I community residential facilities. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2C-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 1 acre (43,560 square feet) |
Minimum lot width | 130 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 15 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 25 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2D-1: INTENT AND PURPOSE:
A Residential District to provide for single-family or duplex, large tract or estate development. These areas will typically be found in suburban areas, generally served by Municipal sewer and water lines. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2D-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family or duplex dwellings. (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2D-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Daycare centers (more than 15 individuals).
• Dwelling groups or clusters.
• Guesthouses.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Private recreational facilities.
• Schools (K - 12).
• Type I community residential facilities. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2D-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 20,000 square feet |
Minimum lot width | 100 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 15 feet each |
Rear | 20 feet |
Maximum height | 35 feet |
Permitted lot coverage | 30 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023))
11-2E-1: INTENT AND PURPOSE:
The WLR District is intended for residential purposes to provide for single-family or duplex homes in a low density setting, connected to Municipal utilities and services. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2E-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family or duplex dwellings. (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; amd. Ord. 23-13, 8-21-2023)
11-2E-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Daycare centers (more than 15 individuals).
• Dwelling groups or clusters.
• Guesthouses.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Private recreational facilities.
• Schools (K - 12).
• Type I community residential facilities. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2E-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 15,000 square feet |
Minimum lot width | 80 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 15 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 30 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2F-1: INTENT AND PURPOSE:
The WR-1 District is intended for residential purposes to provide for single-family and duplex dwellings in an urban setting connected to all Municipal utilities and services. (Ord. 02-30, 6-16-2003; amd. Ord. 23-13, 8-21-2023)
11-2F-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Livestock (see special provisions in subsection 11-3-22B of this title).
• Manufactured home subdivisions (5 acre minimum size).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family and duplex dwellings. (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2F-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses and parsonages.
• Daycare centers (more than 15 individuals).
• Dwelling groups or clusters.
• Guesthouses.
• Livestock where density exceeds the table in subsection 11-3-22B of this title:
• Land inside City subject to conditional use permit.
• Private recreational facilities.
• Schools (K - 12).
• Type I community residential facilities. (Ord. 02-30, 6-16-2003; amd. Ord. 05-25, 11-21-2005; Ord. 09-09, 8-3-2009; Ord. 14-21, 1-5-2015; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2F-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area | 10,000 square feet |
Minimum lot width | 60 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 10 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 35 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. 02-30, 6-16-2003; amd. Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2G-1: INTENT AND PURPOSE:
The WR-2 District is intended for residential purposes to provide for one-family and two-family homes in an urban setting connected to all Municipal utilities and services. (Ord. 02-30, 6-16-2003)
11-2G-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Manufactured home subdivisions (5 acre minimum size).
• Single-family or two-family (duplex) dwellings.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2G-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses and parsonages.
• Daycare centers (more than 15 individuals).
• Dwelling groups or clusters.
• Guesthouses, only on lots over ten thousand (10,000) square feet.
• Livestock, subject to an administrative conditional use permit.
• Private recreational facilities and structures.
• Professional artist studio/gallery. (Limited to Baker Avenue between Sixth Street and Tenth Street. See special provisions in section 11-3-15 of this title.)
• Professional offices. (Limited to Baker Avenue between Sixth Street and Tenth Street. See special provisions in section 11-3-16 of this title.)
• Schools (K - 12).
• Type I and type II community residential facilities. (Ord. 02-30, 6-16-2003; amd. Ord. 05-25, 11-21-2005; Ord. 08-22, 10-20-2008; Ord. 09-09, 8-3-2009; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022)
11-2G-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area: | |
Single-family dwelling and duplex | 6,000 square feet |
Two-family townhouse | 7,200 square feet |
Attached one-family dwelling townhouse on a sublot | 3,600 square feet |
Minimum lot width | 50 feet |
Minimum sublot width | 25 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 10 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right-of-way |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. 02-30, 6-16-2003; amd. Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2H-1: INTENT AND PURPOSE:
The WR-3 District is intended for residential purposes to provide for one-family, duplex, triplex, fourplex and attached single- family residential uses in an urban setting connected to all Municipal utilities and services. (Ord. 02-30, 6-16-2003)
11-2H-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Manufactured home subdivisions (5 acre minimum size).
• One-family, two-family, triplex, and fourplex dwellings.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2H-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Churches or similar places of worship, including parish houses and parsonages.
• Daycare centers (more than 15 individuals).
• Hostels.
• Livestock, subject to an administrative conditional use permit.
• Nursing or retirement homes.
• Personal services. (Limited to Second Street West and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-30 of this title.)
• Private recreational facilities.
• Professional artist studio/gallery. (Limited to Second Street West and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-15 of this title.)
• Professional offices. (Limited to Second Street West and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-16 of this title.)
• Residential:
• Dwelling groups or clusters.
• Guesthouses.
• Multi-family dwellings five (5) to eight (8) dwelling units - administrative conditional use permit (subsection 11-7-8M of this title) (see special provisions in section 11-3-42 or 11-3-43 of this title).
• Multi-family dwellings, nine (9) or more dwelling units (see special provisions in section 11-3-42 or 11-3-43 of this title).
• Schools (K - 12).
• Type I and type II community residential facilities. (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2H-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Minimum lot area: | |
Single-family dwelling or duplex | 6,000 square feet |
Triplex or greater dwellings/unit | 3,000 square feet |
Attached one-family dwelling on a sublot | 2,400 square feet |
Minimum lot width | 50 feet |
Minimum sublot width | 25 feet |
Minimum yard spaces: | |
Front | 25 feet |
Side | 10 feet |
Triplex or larger | 15 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. 02-30, 6-16-2003; amd. Ord. 05-05, 2-7-2005; Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2I-1: INTENT AND PURPOSE:
The WR-4 District is intended for higher density residential purposes and for limited nonresidential uses that are compatible with such a residential setting connected to Municipal utilities and services. (Ord. 02-30, 6-16-2003)
11-2I-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Homeowners' parks.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities including parks and playgrounds.
• Residential:
• Accessory Dwelling Units (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Fraternity and sorority houses.
• Manufactured home subdivisions (5 acre minimum size).
• Single-family, duplex, triplex, fourplex, and multi-family up to eighteen (18) dwelling units.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 21-18, 12-20-2021; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2I-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Boarding houses.
• Catering services.
• Churches or similar places of worship, including parish houses and parsonages.
• Daycare centers (more than 15 individuals).
• Hostels.
• Mixed use professional office/residential with professional office only permitted on the street level between Railway Street and Second Street.
• Music and dance schools and studios. (Limited to Spokane Avenue, Central Avenue south of Fourth Street, Baker Avenue between Fourth Street and Fifth Street, Wisconsin Avenue south of Glenwood, and East Seventh Street east of Park Avenue. See special provisions in section 11-3-31 of this title.)
• Nursing or retirement homes.
• Personal services. (Limited to Spokane Avenue, Central Avenue south of Fourth Street, Baker Avenue between Fourth Street and Fifth Street, and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-30 of this title.)
• Private recreational facilities.
• Professional artist studio/gallery. (Limited to Spokane Avenue, Central Avenue south of Fourth Street, Second Street West, Baker Avenue between Fourth Street and Fifth Street, and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-15 of this title.)
• Professional offices. (Limited to Spokane Avenue, Central Avenue south of Fourth Street, Baker Avenue between Fourth Street and Fifth Street, and Wisconsin Avenue south of Glenwood. See special provisions in section 11-3-16 of this title.)
• Residential:
• Dwelling groups or clusters.
• Guesthouses, only on lots over ten thousand (10,000) square feet.
• Multi-family dwellings, nineteen (19) or more dwelling units - administrative conditional use permit (subsection 11-7-8M of this title) (see special provisions in section 11-3-42 or 11-3-43 of this title).
• Schools (K - 12).
• Type I and type II community residential facilities. (Ord. 19-14, 7-1-2019; amd. Ord. 20-17, 1-4-2021; Ord. 22-04, 3-21-2022; Ord. 22-06, 5-16-2022; Ord. 23-13, 8-21-2023)
11-2I-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum lot area: | |
Single-family dwelling or duplex | 6,000 square feet |
Triplex dwelling or larger | 2,000 square feet additional for the first dwelling unit in excess of two-family, 1,000 square feet for each additional dwelling unit in excss of three family |
Minimum sublot area | 2,000 square feet |
Minimum lot width | 50 feet |
Minimum sublot width | 25 feet |
Minimum yard spaces: | |
Front | 20 feet |
Side | 10 feet |
Triplex or larger | 15 feet |
Rear | 15 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent maximum |
Off street parking | See chapter 6 of this title |
For mixed use professional/residential uses, pursuant to section 11-2I-3 of this article: | |
• Residential located entirely on an upper level(s) above street level professional offices, 1 off street parking space per unit must be provided; and | |
• Professional office a maximum of 3 off street parking spaces per 1,000 square feet gross floor area | |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. 02-30, 6-16-2003; amd. Ord. 03-21, 9-2-2003; Ord. 05-25, 11-21-2005; Ord. 07-03, 1-16-2007; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2J-1: INTENT AND PURPOSE:
The WB-1 District is intended for limited commercial uses within or adjacent to Residential Districts to meet certain convenience services catering to the daily needs of those nearby residents living within one mile of the district. This district must generally be a business island rather than a strip and must be located adjacent to an arterial or collector street and must have convenient and safe access both for the vehicular and pedestrian customer. The maximum size of such a district at one location must be seven (7) acres and the minimum must be two (2) acres. (Ord. A-407, 3-15-1982; amd. Ord. 23-13, 8-21-2023)
11-2J-2: PERMITTED USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Caretaker's unit (see special provisions in section 11-3-6 of this title).
• Colleges, business and trade schools.
• Daycare (registered home; 5 to 15 individuals).
• Financial institutions and professional services (less than 4,000 square feet).
• Fraternity and sorority houses.
• Private and commercial recreational facilities.
• Professional offices.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• One to four (4) dwelling units and multi-family above ground floor commercial as mixed-use (see special provisions in section 11-3-43
of this title).
• Multi-family dwellings.
• Restaurants, non-formula, excluding drive-ins.
• Non-formula retail sales and service (less than 4,000 square feet enclosed gross floor area per lot of record; no outside storage or display).
• Vendors (see special provisions in section 11-3-23 of this title).
(Ord. 19-11, 6-3-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023; Ord. 25-07, 7-21-2025)
11-2J-3: CONDITIONAL USES:
• Automobile and boat repair, limited.
• Automotive service stations.
• Bars/lounges.
• Boat and recreational vehicle storage (see special provisions in section 11-3-32 of this title).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs.
• Daycare centers (more than 15 individuals).
• Formula restaurants (see definition of “formula business” in section 11-9-2 of this title).
• Formula business (less than 4,000 square feet enclosed gross floor area per lot of record; no outside storage or display) (see definition of “formula business” in section 11-9-2 of this title).
• Funeral homes and mortuaries.
• Marijuana sales (administrative CUP).
• Marijuana sales, formula business.
• Microbreweries and microdistilleries (located on a parcel with frontage along an arterial).
• Ministorage.
• Residential:
• Boarding houses.
• Schools (K - 12).
• Wholesale, light assembly and light manufacturing.
(Ord. 19-14, 7-1-2019; amd. Ord. 21-17, 12-6-2021; Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023; Ord. 25-07, 7-21-2025)
11-2J-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Maximum district size | 7 acres |
Minimum district size | 2 acres |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 20 feet |
Side | 20 feet when abutting a Residential District; otherwise, none |
Rear | 20 feet when abutting a Residential District; otherwise none |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right-of-way |
Maximum height | 35 feet |
Permitted lot coverage | n/a |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary uses |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
Bulk and scale | All new structures with a building footprint of 4,000 square feet or greater, existing structures where an addition causes the total building footprint to be 4,000 square feet or greater, and additions to structures where the total building footprint is already 4,000 square feet or greater, with the exception of multi-family and mixed- use with multi-family, are subject to a conditional use permit pursuant to section 11-7-8
of this title |
(Ord. A-407, 3-15-1982; amd. Ord. 07-32, 10-15-2007; Ord. 19-14, 7-1-2019; Ord. 23-13, 8-21-2023)
11-2K-1: INTENT AND PURPOSE:
The WB-2 District is intended to provide for those retail sales and services the operations of which are typically characterized by the need for large display or parking areas, large storage areas and by outdoor commercial amusement or recreational activities. Mixed-use and multi-family development is also appropriate. This district depends on proximity to highways or arterial streets and may be located in business corridors or islands. (Ord. 19-11, 6-3-2019)
11-2K-2: PERMITTED USES:
• Antique stores and auction barns.
• Automobile, boat, and recreational vehicle parts.
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Bowling establishments.
• Building supplies outlets.
• Churches or similar places of worship.
• Daycare and daycare centers.
• Entertainment uses.
• Farm and garden supply stores.
• Financial institutions and professional services.
• Furniture and floor coverings stores.
• Grocery stores.
• Hospitals, and associated related nursing homes, retirement homes, congregate housing and personal care facilities in a campus setting.
• Household appliance and electronics stores.
• Laundry and dry cleaning.
• Medical clinics and associated therapeutic health services.
• Military surplus stores.
• Mortuaries.
• Private postal services and shipping services.
• Professional offices.
• Public buildings.
• Recreational facilities, private and commercial.
• Residential:
• Caretaker’s units (see special provisions in section 11-3-6
of this title).
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• Multi-family dwellings (see special provisions in section 11-3-42
or 11-3-43
of this title).
• Single family through multi-family dwelling units above ground floor commercial as mixed-use (see special provisions in section 11-3-43
of this title).
• Restaurants, non-formula.
• Theaters.
• Vendors (see special provisions in section 11-3-23 of this title).
• Veterinary office, small animal.
• Wholesale and warehousing. (Ord. 19-11, 6-3-2019; amd. Ord. 19-24, 12-16-2019; Ord. 20-12, 9-21-2020; Ord. 21-20, 1-3-2021; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2K-3: CONDITIONAL USES:
• Automobile, boat, and recreational vehicle sales, rentals, repair, and service.
• Automotive service stations and convenience stores within.
• Bars/lounges.
• Boat and recreational vehicle storage (see special provisions in section 11-3-32 of this title).
• Bus depot.
• Casinos within a casino overlay zone.
• Colleges, business and trade schools.
• Crematories.
• Hotels, motels, and other hospitality uses.
• Light assembly and light manufacturing (administrative CUP).
• Machinery and equipment sales, rental, and repair.
• Marijuana facilities (administrative CUP).
• Microbreweries and microdistilleries.
• Ministorage.
• Personal care facilities when not in association with a hospital in a campus setting.
• Recreational guides and outfitters, limited to five thousand (5,000) square feet of gross floor area, no formula businesses, with no limitation on number of boats or similar equipment stored or displayed.
• Recreational vehicle parks, campgrounds and amusement parks (2 acres minimum size).
• Residential:
• Manufactured home subdivisions.
• Single family through four-plex dwellings - administrative conditional use permit (subsection 11-7-8
M of this title) (see special provisions in section 11-3-42
or 11-3-43
of this title).
• Research laboratories and institutions.
• Restaurants, formula.
• Schools (K - 12).
• Veterinary hospital. (Ord. 19-11, 6-3-2019; amd. Ord. 19-24, 12-16-2019; Ord. 20-12, 9-21-2020; Ord. 21-17, 12-6-2021; Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2K-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Bulk and scale | All new structures with a building footprint of 10,000 square feet or greater, existing structures where an addition causes the total footprint to be 10,000 square feet or greater, and additions to structures where the footprint already is 10,000 square feet or greater, with the exception of multi- family and mixed-use with multi-family, are subject to a conditional use permit pursuant to section 11-7-8 of this title |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 20 feet |
Highway 93 frontage: | 30 feet, landscaped as required per the general planting standards of Table 11-4-3A-1 of Chapter 4 of this title. Vehicle and pedestrian ingress and egress may be allowed in this area up to a maximum of 40 percent of the landscaped area. |
Side | 20 feet when abutting a Residential District; otherwise, none |
Rear | 20 feet when abutting a Residential District; otherwise, none |
Maximum height | 35 feet |
Permitted lot coverage | n/a |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
(Ord. 07-06, 3-5-2007; amd. Ord. 19-24, 12-16-2019; Ord. 20-12, 9-21-2020; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2L-1: INTENT AND PURPOSE:
The WB-3 District is a broad Commercial District intended to accommodate financial, retail, governmental, professional, institutional and cultural activities. The WB-3 District also encompasses two (2) unique commercial areas which require special considerations: the Old Town Central District (Central Avenue between 4th Street and Depot Street, the west side of Spokane Avenue between 4th Street and 3rd Street, both sides of Spokane Avenue from 3rd Street to Railway Street, the east side of Baker Avenue between 4th Street and 3rd Street, and both sides of Baker Avenue between 3rd Street and Railway Street), and the Old Town Railway District (Railway Street to 3rd Street, and the east side of Miles Avenue to both sides of Lupfer Avenue). This zoning classification is not intended for general application throughout the Whitefish area. (Ord. 18-25, 9-4-2018)
11-2L-2: PERMITTED USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Colleges, business and trade schools, with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Convention centers.
• Daycare (registered home, 5 to 15 individuals), with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Dry cleaning and cleaning agencies, with the exception of the Old Town Central District.
• Financial institutions and professional offices, with the exception that on Central Avenue between Fourth and Railway, such uses must be located on floors other than the ground floor or else be ancillary to the retail use, covering no more than thirty percent (30%) of the ground floor area and not visible from Central Avenue nor located within the retail storefront area.
• Governmental, cultural and institutional facilities.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Entertainment uses.
• Music and dance studios, with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor unless associated with a performing arts center.
• Newspaper publishing and printing establishments, with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential, with the exception that in the Old Town Central District, such use, with the exception of multi-family, is limited to floors other than the ground floor:
• Accessory dwelling units, when accessory to a single-family dwelling (see special provisions in subsection 11-3-1 of this title).
• Boarding houses, fraternity and sorority houses.
• Foster and group homes.
• Guesthouse, when an accessory use to a one-family dwelling.
• Multi-family dwellings.
• Single-family, duplex, triplex, and fourplex dwellings, including residential short-term rentals.
• Restaurants, with the exception of formula restaurants (see definition of “formula business” in section 11-9-2 of this title).
• Retail sales and service, with the exception of “formula business” (see definition of “formula business” in section 11-9-2 of this title).
• Shopping malls.
• Upholstery and drapery shops, with the exception of Central Avenue between Fourth and Railway.
• Vendors (see special provisions in section 11-3-23 of this title).
• Veterinarian office, small animal, with the exception of the Old Town Central District.
(Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023; Ord. 25-07, 7-12-2025)
11-2L-3: CONDITIONAL USES:
• Automotive service stations, with the exception of the Old Town Central District and the Old Town Railway District.
• Bars/lounges.
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories, with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Clubs.
• Daycare centers (more than 15 individuals), with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Hotels and motels (non-formula).
• Marijuana manufacturing.
• Marijuana sales (administrative CUP). Formula businesses prohibited.
• Microbreweries and microdistilleries.
• Residential:
• Dwelling groups or clusters
• Schools (K - 12), with the exception that in the Old Town Central District, such use is limited to floors other than the ground floor.
• Wholesale, light assembly and light manufacturing. Such uses must contain a retail component at ground level fronting a major street if located on Central Avenue between Fourth and Railway.
(Ord. 19-14, 7-1-2019; amd. Ord. 21-17, 12-6-2021; Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023; Ord. 25-07, 7-12-2025)
11-2L-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Bulk and scale | All new structures with a building footprint of 15,000 (7,500 for Old Town Central and Railway Districts) square feet or greater, existing structures where an addition causes the total footprint to be 15,000 (7,500 for Old Town Central and Railway Districts) square feet or greater, and additions to structures where the footprint already is 15,000 (7,500 for Old Town Central and Railway Districts) square feet or greater, with the exception of multi-family and mixed-use with multi-family, are subject to a conditional use permit pursuant to section 11-7-8 of this title |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 15 feet on Second Street west of Lupfer Avenue except for Lots 8, 9, 10 and the east 6 feet of Lot 11, block 38, Whitefish original. 15 feet on Kalispell Avenue, 10 feet on Lupfer Avenue north of East Second Street and all streets west of Lupfer except Second Street. 20 feet on Lupfer Avenue south of East Second Street and all streets south of East Second Street and west of Lupfer Avenue. None on all other streets. |
Side | 15 feet when abutting a Residential District; otherwise, none |
Rear | 15 feet when abutting a Residential District; otherwise, none |
Railway District Shopping Loop | E. First Street (Baker Avenue east to Lupfer Avenue - north side of Block 37, Whitefish original and south side of Block 26, Whitefish original); Lupfer Avenue (E. First Street to E. Second Street - west side of Block 37, Whitefish original). In order to facilitate development of the Shopping Loop, new structures or additions to existing structures within the Shopping Loop, the following setbacks apply: |
Front | 5 feet on Lupfer Avenue; 15 feet on E. First Street. |
Side | 15 feet when the side property line is adjacent to E. First Street; between buildings, none. |
Rear | None. |
Maximum height | 45 feet, 3 stories maximum, subject to the height and building design requirements of section 11-3-5 of this title, as well as the size, scale, and bulk restrictions of the architectural design standards. The overall height must also include the features listed in subsection 11-2-3B5 of this chapter, with the exception of aerials, belfries, chimneys, church spires, and flagpoles |
Permitted lot coverage | n/a |
Off street parking | See parking and loading in section 11-6-3-3 of this title, WB-3 special conditions |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use. However, accessory uses (excluding any type of living quarters) may be built within 3 feet of a side or rear lot line that does not border a street, a river or lake, or the front half of any adjoining lot |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
(Ord. 18-25, 9-4-2018; amd. Ord. 19-20, 10-7-2019; Ord. 23-13, 8-21-2023)
11-2L-5: NOISE CONTROL:
No commercial business located in the WB-3 Zoning District shall broadcast prerecorded music by means of: a) an audio speaker located outside of a business and directed toward the sidewalk or street located near such business; or b) an audio speaker located inside such business but broadcasting through an open window or door toward the public sidewalk or streets. This section shall not prohibit restaurants with outdoor dining from providing music to their patrons if the audio speakers used are directed away from the public sidewalk and streets, and are set at a loudness level allowing only an insignificant amount of volume to spill out onto the public sidewalk and streets; provided, however, that before such restaurants shall use such speakers, they shall first arrange an inspection by the Zoning Administrator, or his designee, to allow a determination to be made whether their speakers, and the volume used, are acceptable under this section. Once inspected and approved, such restaurants shall not alter the direction of their audio speakers and shall not increase the volume that was used during such inspection. A violation of this section shall constitute a misdemeanor, punishable as set forth in the general penalty in section 1-4-1 of this Code. (Ord. 18-25, 9-4-2018)
11-2L-6: NONCONFORMING USES:
Ground floor professional office uses made nonconforming on Central Avenue between Third Street and Railway Street through the passage of amendments approved through adoption of an ordinance passed on November 17, 2008, shall be allowed to remain as legal nonconforming uses indefinitely, until such use is changed to a conforming use, after which a conforming use must be maintained. Such nonconforming uses shall not be subject to the one hundred eighty (180) day restriction contained in subsection 11-7-11B of this title. (Ord. 18-25, 9-4-2018)
11-2M-1: INTENT AND PURPOSE:
The WB-4 district is intended to allow the development of business parks providing for light industrial, wholesale and ancillary commercial uses. Business parks are intended to incorporate open space, landscaping, architecture, circulation, parking and signage in an integrated and harmonious design. The district is intended to be located in an urban environment with arterial or collector street access and connection to municipal utilities and services. (Ord. A-407, 3-15-1982)
11-2M-2: PERMITTED USES:
• Accessory retail or personal services, not exceeding five hundred (500) square feet of floor area.
• Automobile and boat services (excluding body repair).
• Building supply outlets.
• Convenience stores, not to exceed two thousand (2,000) square feet of floor area.
• Daycare centers (16 or more individuals).
• Financial institutions.
• Hospitals or clinics.
• Light assembly, manufacturing, fabricating, processing, repairing, packing or storage facilities in enclosed buildings, provided that such uses do not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke) which extend beyond lot lines, and do not involve materials that are explosive, hazardous or toxic.
• Machinery and equipment sales, rental and repair.
• Marijuana manufacturing, cultivation, and testing.
• Nurseries and landscape materials, wholesale and retail.
• Offices: professional, governmental or business.
• Parcel delivery services.
• Parks.
• Printing and publishing.
• Public buildings and utilities.
• Research laboratories and institutions.
• Residential:
• Caretaker's units (see special provisions in section 11-3-6 of this title).
• Multi-family and mixed-use, five (5) or more units.
• Restaurants, not including gambling or the sale of alcohol.
• Veterinary hospital.
• Wholesale and warehousing. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 21-17, 12-6-2021; Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)
11-2M-3: CONDITIONAL USES:
• Auditorium, convention facilities or other places of assembly.
• Colleges, business or trade schools.
• Marijuana sales as an accessory use, limited to five hundred (500) square feet of floor area (administrative CUP). (Ord. A-407, 3-15-1982; amd. Ord. 21-17, 12-6-2021)
11-2M-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Minimum district size | n/a |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 30 feet |
Side | 15 feet |
Rear | 15 feet |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary uses |
Site plan required:
The site plan, vicinity map and building elevations must be submitted to and approved by the zoning administrator to erect new buildings or structures, make additions exceeding ten percent (10%) of the floor area or existing buildings or structures, or otherwise grade or develop a lot for a permitted use prior to the issuance of a building permit. A comprehensive site plan is required for multiple-tenant projects. Site plans must include all buildings, structures, parking, driveways, sidewalks, utilities, drainage, hydrants, landscaping and signage. The vicinity map must include surrounding parcels, buildings, structures, circulation systems and major physical features. The site plan must demonstrate conformance with the zoning regulations and other applicable city regulations. All projects constructed in accordance with an approved site plan must be permanently maintained as approved. Any desired subsequent changes must be submitted for approval as an amendment to the site plan. Prior to occupancy, the site must be inspected for compliance with the site plan. All improvements must be installed and functioning before occupancy will be allowed.
Landscaping:
A. See chapter 4 of this title
Building design:
A. The design, scale and arrangement of structures and uses must be compatible with the surroundings.
B. Site and building design must be expressive of locality. Commercial franchise architecture is discouraged.
C. Exposed utilities, storage areas, machinery, installations, service and loading areas and similar accessory areas and structures must be set back or screened to minimize the loss of views, privacy and the general aesthetic value of surroundings.
Signage:
A. See chapter 5 of this title.
B. A maximum of one square foot of wall or freestanding sign area for each one lineal foot of continuous lot frontage up to a maximum of one hundred fifty (150) square feet of total sign area per property.
C. No more than one freestanding sign per property is permitted. No more than one sign per tenant, except on corner sites where not more than two (2) signs are permitted.
D. Freestanding signs must not exceed a maximum height of ten feet (10') or three feet (3') below the roof line, whichever is least. (Ord. A-407, 3-15-1982; amd. Ord. 96-12, 10-7-1996; Ord. 23-13, 8-21-2023)
11-2N-1: INTENT AND PURPOSE:
The WRR-1 District is intended to provide a low density setting for secondary residential resorts. (Ord. A-407, 3-15-1982)
11-2N-2: PERMITTED USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Home occupations (see special provisions in section 11-3-13 of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• Daycare (registered home, 5 to 15 children).
• Single-family through triplex dwelling units, including short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership residences, vacation units or other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of occupants and guests.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2N-3: CONDITIONAL USES:
• Boarding houses.
• Boat launching ramps and docks (commercial).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Daycare centers (more than 15 individuals).
• Marinas (commercial).
• Meeting rooms.
• Professional offices.
• Public golf courses.
• Residential:
• Caretaker’s unit.
• Dwelling groups or clusters.
• Guesthouses.
• Manufactured home parks (5 acres minimum size).
• Fourplex and multi-family dwellings including short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership residences or vacation units or other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of occupants and guests (see special provisions in section 11-3-42
of this title).
• Fourplex and multi-family dwellings deed restricted for no short- term rentals - administrative conditional use permit (subsection 11-7-8
M of this title) (see special provisions in section 11-3-42
of this title).
• Schools (K - 12).
• Type I community residential facilities. (Ord. 19-11, 6-3-2019; amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2N-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum district size | Minimum 1 acre with a maximum density of 10 dwelling units per gross acre |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 15 feet, except when fronting on a public right of way where there must be a front yard setback of not less than 25 feet, landscaped as required per the minimum landscape standards of Chapter 4. Vehicle and pedestrian ingress and egress may be allowed in this area up to a maximum of 40 percent of the landscape area. |
Side | 10 feet |
3 or more units | 15 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 35 percent maximum |
Off street parking | See chapter 6 of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front ½ of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 03-21, 9-2-2003; Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2O-1: INTENT AND PURPOSE:
The WRR-2 District is intended for resort purposes and to provide a medium density setting for secondary residential resorts. (Ord. A-407, 3-15-1982)
11-2O-2: PERMITTED USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Home occupations (see special provisions in section 11-3-13 of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses, or recreational facilities, including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 children).
• Fraternity and sorority houses.
• Single-family through fourplex dwelling units, including short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership residences, vacation units or other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of occupants and guests.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2O-3: CONDITIONAL USES:
• Boarding houses.
• Boat launching ramps and docks (commercial).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Colleges, business and trade schools.
• Daycare centers (more than 15 individuals).
• Funeral homes and mortuaries.
• Marinas (commercial).
• Meeting rooms.
• Professional offices.
• Public golf courses.
• Residential:
• Caretaker’s unit.
• Dwelling groups or clusters.
• Guesthouses.
• Manufactured home parks (5 acres minimum size).
• Multi-family dwellings, including short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership residences or vacation units or other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of occupants and guests (see special provisions in section 11-3-42 of this title).
• Multi-family dwellings deed restricted for no short-term rentals - administrative conditional use permit (subsection 11-7-8M of this title) (see special provisions in section 11-3-42 of this title).
• Schools (K - 12).
• Type I community residential facilities. (Ord. 19-11, 6-3-2019; amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2O-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum district size | Minimum 21/2 acres with a maximum density of 10 dwelling units per gross acre |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 15 feet, except when fronting on a public right of way where there must be a front yard setback of not less than 25 feet, landscaped as required per the minimum landscape standards of Chapter 4. Vehicle and pedestrian ingress and egress may be allowed in this area up to a maximum of 40 percent of the landscaped area |
Side | 10 feet |
3 or more units | 15 feet |
Rear | 20 feet |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 70 percent maximum |
Off street parking | See chapter 6
of this title |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 03-21, 9-2-2003; Ord. 05-25, 11-21-2005; Ord. 19-14, 7-1-2019; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2P-1: INTENT AND PURPOSE:
The WRB-1 District is intended for resort purposes; to provide for the development of medium to high density resort uses, including hotels, motels, resort condominiums and other similar uses oriented toward tourism and resort businesses. This district is to also provide a place for meeting rooms, convention centers and facilities, bars, lounges and restaurants and limited ancillary retail and commercial uses intended primarily for the convenience of guests of the facilities provided within this district. (Ord. A-407, 3-15-1982)
11-2P-2: PERMITTED USES:
• Ancillary commercial and retail facilities in an established resort complex which meet the following conditions:
A. The total floor area devoted to such commercial or retail uses must not exceed ten percent (10%) of the total floor area of the main building situated on the lot.
B. No such commercial or retail use can have an outside entrance intended for the use of the public. Entrances for ancillary uses must be located within the main building. No individual shop can exceed five hundred (500) square feet of floor space.
C. No exterior signs.
D. The commercial or retail facilities must be as listed below or of a similar nature:
• Art galleries.
• Bakery shops.
• Barber and beautician shops.
• Bars/lounges/casinos in conjunction with and ancillary to established lodging facilities. (Note: Requires a conditional use permit.)
• Candy shops.
• Coffee shops and restaurant facilities.
• Florist shops.
• Game rooms.
• Garment shops.
• Gift, curio and hobby shops.
• Grocery stores.
• Health studios.
• Ice cream shops.
• Laundry and cleaning pick up stations.
• Sporting goods shops.
• Travel agencies.
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Boarding houses.
• Daycare (registered home, 5 to 15 individuals).
• Home occupations (see special provisions in section 11-3-13 of this title).
• Hotels and motels.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• Fraternity and sorority houses.
• Single-family dwellings through multi-family dwelling units, including mixed-use, short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership residences or vacation units and other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of occupants and guests.
• Sublots (see special provisions in subsection 11-3-14
C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2P-3: CONDITIONAL USES:
• Boat launching ramps and docks (commercial).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Colleges, business and trade schools.
• Commercial recreational facilities.
• Convention centers and facilities.
• Daycare centers (more than 15 individuals).
• Funeral homes and mortuaries.
• Marinas (commercial).
• Professional offices.
• Recreational vehicle parks and campgrounds (2 acre minimum size).
• Residential:
• Dwelling groups or clusters.
• Manufactured home parks (5 acres minimum size).
• Schools (K - 12).
• Ski areas and facilities.
• Type I community residential facilities. (Ord. 19-11, 6-3-2019; Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)
11-2P-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Minimum district size | 5 acres |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 15 feet, except when fronting on a public right of way where there must be a front yard setback of not less than 25 feet, landscaped as required per the minimum landscape standards of Chapter 4. Vehicle and pedestrian ingress and egress may be allowed in this area up to a maximum of 40 percent of the landscaped area. |
Side | 10 feet |
3 or more units | 15 feet |
Rear | 20 feet |
Lakeshore setback | 35 feet horizontally from the mean annual high water line |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use. However, accessory uses (excluding any type of living quarters) may be built within 6 feet of a side or rear lot line that does not border a street, a river or lake, or the front half of any adjoining lot |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 03-21, 9-2-2003; Ord. 19-14, 7-1-2019; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2Q-1: INTENT AND PURPOSE:
The WRB-2 District is intended to provide for the development of high density resort oriented uses usually identified with a tourist or convention destination center. (Ord. A-407, 3-15-1982)
11-2Q-2: PERMITTED USES:
• Ancillary commercial and retail facilities in an established resort complex which meet the following conditions:
A. The total floor area devoted to such commercial or retail uses must not exceed ten percent (10%) of the total floor area of the main building situated on the lot.
B. No such commercial or retail use can have an outside entrance intended for the use of the public. Entrances for ancillary uses must be located within the main building. No individual shop can exceed five hundred (500) square feet of floor space.
C. No exterior signs.
D. The commercial or retail facilities must be as listed below or of a similar nature:
• Art galleries.
• Automotive service stations.
• Bakery shops.
• Barber and beautician shops.
• Bars/lounges/casinos in conjunction with and ancillary to established lodging facilities. (Note: Requires a conditional use permit.)
• Candy shops.
• Coffee shops and restaurant facilities.
• Florist shops.
• Game rooms.
• Garment shops.
• Gift, curio and hobby shops.
• Grocery stores.
• Health studios.
• Ice cream shops.
• Laundry and cleaning pick up stations.
• Sporting goods shops.
• Travel agencies.
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Boarding houses.
• Daycare (registered home, 5 to 15 individuals).
• Home occupations (see special provisions in section 11-3-13 of this title).
• Hotels and motels.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• Fraternity and sorority houses.
• Single-family through multi-family dwelling units, including mixed-use, short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval ownership
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019, amd. Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2Q-3: CONDITIONAL USES:
• Boat launching ramps and docks (commercial).
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Colleges, business and trade schools.
• Commercial recreational facilities.
• Convention centers and facilities.
• Daycare centers (more than 15 individuals).
• Funeral homes and mortuaries.
• Marinas (commercial).
• Professional offices.
• Recreational vehicle parks and campgrounds (2 acre minimum size).
• Residential:
• Dwelling groups or clusters.
• Manufactured home parks (5 acres minimum size)
• Schools (K - 12).
• Ski areas and facilities.
• Type I community residential facilities. (Ord. 19-11, 6-3-2019; Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)
11-2Q-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Minimum district size | 15 acres |
Minimum lot area | n/a |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 15 feet, except when fronting on a public right of way where there must be a front yard setback of not less than 25 feet, landscaped as required per the minimum landscape standards of Chapter 4. Vehicle and pedestrian ingress and egress may be allowed in this area up to a maximum of 40 percent of the landscaped area. |
Side | 10 feet |
3 or more units | 15 feet |
Rear | 20 feet |
Lakeshore setback | 35 feet horizontally from the mean annual high water line |
Wisconsin Avenue setback | 35 feet from the Wisconsin Avenue right- of-way |
Maximum height | 35 feet |
Permitted lot coverage | 60 percent |
Off street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use. However, accessory uses (excluding any type of living quarters) may be built within 6 feet of a side or rear lot line that does not border a street, a river or lake, or the front half of any adjoining lot |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted) |
(Ord. A-407, 3-15-1982; amd. Ord. 96-12, 10-7-1996; Ord. 03-21, 9-2-2003; Ord. 19-14, 7-1-2019; Ord. 23-08, 6-5-2023; Ord. 23-13, 8-21-2023)
11-2R-1: INTENT AND PURPOSE:
The WI district is intended for light industrial purposes and to provide for light industrial and service uses in which a reasonable degree of control is desirable for the general well being of the community area. (Ord. 03-15, 6-16-2003)
11-2R-2: PERMITTED USES:
• Automobile and boat service.
• Boat and recreational vehicle storage (see special provisions in section 11-3-32 of this title).
• Building supply outlets.
• Contractors' yards.
• Heavy equipment service.
• Janitorial services.
• Light industrial manufacturing, fabricating, processing, repairing, packing or storing facilities.
• Marijuana manufacturing, cultivation, and testing.
• Nurseries and landscape materials: retail and wholesale.
• Office space (less than 10,000 square feet).
• Parcel delivery services.
• Petroleum products: retail.
• Public utility facilities and storage yards.
• Publicly owned or operated buildings, uses or recreational facilities, including parks and playgrounds.
• Railroad yards.
• Research laboratories and institutions.
• Tire sales. (Ord. 09-05, 4-6-2009; amd. Ord. 21-17, 12-6-2021)
11-2R-3: CONDITIONAL USES:
• Automobile and boat sales.
• Automobile wrecking yards (requires state license).
• Heavy equipment sales and rental.
• Heavy industrial manufacturing, fabricating and processing.
• Junkyards (requires state license).
• Marijuana sales as an accessory use (administrative CUP).
• Microbreweries and microdistilleries.
• Outdoor amusements.
• Petroleum products, wholesale.
• Sexually oriented businesses, as defined in section 11-9-2 of this title.
• Tire retreading and recapping. (Ord. 16-03, 2-1-2016; amd. Ord. 21-17, 12-6-2021)
11-2R-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Minimum district size | n/a | |
Minimum lot size | n/a | |
Minimum lot width | n/a | |
Minimum yard spaces: | ||
Front | 30 feet | |
Side | 5 feet each | |
Rear | 5 feet when abutting an alley; 15 feet when abutting a public street or highway; 20 feet when abutting a residential or resort district | |
Maximum height | 35 feet | |
Permitted lot coverage | 70 percent | |
Off street parking | See chapter 6 of this title | |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary use | |
Landscaping | See chapter 4 of this title | |
(Ord. 03-15, 6-16-2003; amd. Ord. 23-13, 8-21-2023)
11-2S-1: PURPOSE AND INTENT:
The purpose of the WPUD overlay is to:
A. Provide a community development tool that encourages creativity and innovation in design and development.
B. Allow design flexibility so as to enhance the character and quality of development through variety in the type, design, and arrangement of structures and improvements.
C. Allow the developer and design professionals the flexibility to respond to unique qualities and environmental characteristics of a site.
D. Ensure that new development respects the character, scale, and qualities of the surrounding neighborhood.
E. Encourage new development to integrate with existing neighborhoods to result in stronger, livable, sustainable neighborhoods, rather than series of individual developments.
F. Allow the developer to incorporate the latest innovations in design and construction techniques to address market demands and housing needs of the Whitefish community. (Ord. 19-11, 6-3-2019)
11-2S-2: PUD TYPES AND PERMITTED USES:
Four (4) types of Planned Unit Development Overlays are available, depending on the underlying zoning and intended use.
A. Residential Planned Unit Development (R-PUD): The purpose of the Residential PUD option is to facilitate creatively designed, livable neighborhoods in Residential Zoning Districts where the proposed product type, density, scale, and character are appropriate and complement adjacent development. The residential units provided could include single-family attached and detached as well as duplex, triplex, fourplex and multi-family of all types. The Residential PUD provides for design flexibility and the ability to vary certain standards in order to deal effectively with physical constraints such as parcel configuration, topography, and environmentally sensitive areas.
1. A Residential PUD may be established in all districts except WB-4, WI, and WI-T.
2. Permitted uses:
• Accessory buildings and uses.
• Any uses permitted or conditionally permitted in the underlying zoning district, provided that any conditional use is specifically considered with the PUD and all conditional use criteria required under this Code for that use are met or conditioned with the PUD approval. If a conditional use is not considered during the PUD approval, then such uses must follow the standard CUP review process found in section 11-7-8 of this title.
• Private and/or semiprivate recreation and service facilities intended for the residents of the district.
• Residential:
• Multi-family dwellings.
• Single-family dwellings.
• Two-family dwellings.
• Three-family dwellings.
• Four-family dwellings.
• A combination of any of the above arranged in attached, detached, townhouse, apartment, or condominium configurations.
B. Mixed-Use Planned Unit Development (M-PUD): The Mixed-Use PUD is primarily intended to provide for the mixing of compatible non-residential uses allowed in the underlying zone with residential units of various types in urban areas. Residential product types include single-family, two-family, three-family, four-family, and multi-family in any ownership configuration. Residential types also include units integrated into primarily non-residential structures, including above office and retail space. Where the zoning is both residential and non- residential, the amount of land dedicated to any non-residential component must generally be consistent with and give due consideration to the location and extent of the non-residential zoning.
1. A mixed-use PUD may be established in any Non-Residential Zoning District with the exception of the WI, and the WI-T, as well as where the overall development also includes both non-residential and residential zoning.
2. Permitted uses:
• Accessory buildings and uses.
• Any uses permitted or conditionally permitted in the underlying zoning district, provided that any conditional use is specifically considered with the PUD and all conditional use criteria required under this Code for that use are met or conditioned with the PUD approval. If a proposed conditional use is not noted with the PUD application, then such uses must follow the standard CUP review process found in section 11-7-8 of this title. Other uses may also be considered for which justification can be derived on the basis that the use will be compatibly incorporated into the design and use of the planned development. Such uses should be integrated with and complementary to included and adjacent residential uses.
• Private and/or semiprivate recreation and service facilities intended for the residents of the district.
• Residential:
• Single-family dwellings.
• Two-family dwellings.
• Three-family dwellings.
• Four-family dwellings.
• Multi-family dwellings.
• A combination of any of the above arranged in attached, detached, townhouse, apartment, or condominium configurations.
C. Commercial Planned Unit Development (C-PUD): The purpose of the Commercial PUD option is to promote flexibility in design and permit planned diversification in the relationships between location of and types of uses and structures; promote the advantages of large scale site planning through the efficient use of land, facilitating a more economic arrangement of buildings, circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious way.
1. A Commercial PUD may be established in the following districts: WB-1, WB-2, WB-3, WB-4, WRB-1, WRB-2, WBMV, WBSD, WB-T, and WI-T
2. Permitted uses:
• Any uses permitted or conditionally permitted in the underlying zoning district, provided that any conditional use is specifically considered with the PUD and all conditional use criteria required under this Code for that use are met or conditioned with the PUD approval. If a proposed conditional use is not noted with the PUD application, then such uses must follow the standard CUP review process found in section 11-7-8 of this title. Other uses may also be considered for which justification can be derived on the basis that the use will be compatibly incorporated into the design and use of the planned development.
D. Light Industrial Or Industrial Planned Unit Development (I-PUD): The Industrial PUD options are intended to allow complexes and clusters of industrial and light industrial uses in either a lot by lot or integrated business park configuration. Light manufacturing and fabrication can be combined with offices, warehousing, and showroom space to create multi-functional business and industrial facilities. Caretaker and on-site work force housing can be provided where appropriate and compatible with the neighborhood and specific industrial uses in the project.
1. A Light Industrial or Industrial PUD may be established in the following districts: WB-4, WI, WBSD, WB-T, and WI-T.
2. Permitted uses:
• Any uses permitted or conditionally permitted in the underlying zoning district, provided that any conditional use is specifically considered with the PUD and all conditional use criteria required under this Code for that use are met or conditioned with the PUD approval. If a proposed conditional use is not noted with the PUD application, then such uses must follow the standard CUP review process found in section 11-7-8 of this title. Other uses may be considered for which justification can be derived on the basis that the use will be compatibly incorporated into the design and use of the planned development. (Ord. 19-11, 6-3-2019; amd. Ord. 23-13, 8-21-2023)
11-2S-3: STANDARDS OF DEVELOPMENT:
A. Minimum Site Area: The minimum site area designated for a planned unit development is two (2) acres except in the WR-2, WR-3, WR-4, and WB-3 Zoning Districts where the minimum site area is one acre. The minimum site area may be reduced from the standards set forth above should the Zoning Administrator determine that a parcel, by virtue of its unique character, is best developed as a PUD, or, the project meets the provisions for the density bonus described in subsection B of this section.
B. Density Bonus: Residential and mixed-use developments may request additional density if at least ten percent (10%) of the project's units are permanently deed restricted for affordability or an alternative means of compliance is provided per 11-1A-2
D and/or 11-1A-4
of this title, meeting the development standards found in Chapter 1A, "Whitefish Legacy Homes Program", and providing a Housing Mitigation Plan. Such projects are allowed the density bonus permitted therein without justification. The maximum allowed residential density bonus for a planned unit development is as follows:
Underlying Zone | Base Zoning Density | Maximum Allowed PUD Density |
Underlying Zone | Base Zoning Density | Maximum Allowed PUD Density |
WA | 2/15 dwelling unit/gross acre | 1/5 dwelling unit/gross acre |
WCR | 0.8 dwelling unit/gross acre | 1 dwelling unit/gross acre |
WSR | 2 dwelling unit/gross acre | 3 dwelling units/gross acre |
WER | 4 dwelling units/gross acre | 6 dwelling units/gross acre |
WLR | 6 dwelling units/gross acre | 10 dwelling units/gross acre |
WR-1 | 8 dwelling units/gross acre | 14 dwelling units/gross acre |
WR-2 | 14 dwelling units/gross acre | 18 dwelling units/gross acre |
WR-3 | 14 dwelling units/gross acre | 21 dwelling units/gross acre |
WR-4 | 38 rental or condominium units or 21 townhouse units/gross acre | 57 rental or condominium units or 31 townhouse units/gross acre |
WB-1* | 13 dwelling units/gross acre | 20 dwelling units/gross acre |
WB-2* | 18 dwelling units/gross acre | 24 dwelling units/gross acre |
WB-3* | 13 dwelling units/gross acre | 20 dwelling units/gross acre |
WB-4* | 13 dwelling units/gross acre | 20 dwelling units/gross acre |
WRR-1 | 10 dwelling units/gross acre | 10 dwelling units/gross acre |
WRR-2 | 15 dwelling units/gross acre | 15 dwelling units/gross acre |
WRB-1* | 15 dwelling units/gross acre | 15 dwelling units/gross acre |
WRB-2* | 15 dwelling units/gross acre | 15 dwelling units/gross acre |
WT-3* | 14 dwelling units/gross acre | 20 dwelling units/gross acre |
WBSD* | 2 dwelling units/gross acre | 4 dwelling units/gross acre |
WB-T* | 13 dwelling units/gross acre | 20 dwelling units/gross acre |
(*Gross acreage excludes all lands set aside for commercial or industrial activities and associated accessory uses unless the PUD contains residential above commercial uses.)
1. Maximum Average Density: In order to allow greater development flexibility to achieve the purpose and intent outlined in section 11-2S-1 of this article, when a proposed PUD overlay site is subject to more than one underlying zoning district, density averaging must determine the maximum allowable density. Maximum average density per acre is calculated as follows: (maximum density of zoning district A multiplied by acreage of zoning district A) + (maximum density of zoning district B multiplied by acreage of zoning district B) divided by (total combined acreage of property within proposed PUD boundary). In no case will a PUD allow more units to be approved than the maximum average density.
C. Open Space: Not more than seventy percent (70%) of the planned unit development site can be devoted to parking facilities, streets, buildings, and accessory buildings. The remaining thirty percent (30%) must remain as open space as defined under section 11-9-2 of this title. Note: This provision does not apply to commercial or industrial PUDs, mixed use PUDs in the WB 1 and WB 3 nor projects which both propose only permitted uses and which comply with the minimum lot sizes of the underlying zone.
For purposes of this article, minimum standards for open space are:
1. Open space must be common areas available to all residents (and the public where applicable) and not private areas.
2. Open space must have active and/or passive recreational facilities appropriate to the persons expected to reside within the proposed development.
3. Landscaped areas around buildings, parking lots, or roadways must be a minimum of twenty feet (20') wide to be considered open space.
4. If all or a portion of the open space provided is available for use by the general public or provides one or more public benefits such as those listed under section 11-2S-6 of this article, it may be considered a community benefit.
5. Open space for non-residential PUDs can include hard scape courtyards, plazas, or other public spaces without structures as long as those areas include intermittent landscaping elements.
When a planned unit development provides "affordable housing" as defined in these regulations, the applicant may devote eighty percent (80%) of the development to parking, street, and buildings with City Council approval. The remaining twenty percent (20%) of the property must remain as open space.
D. Off Street Parking And Loading: Off street parking and loading
must
be provided according to chapter 6, "Off Street Parking And Loading", of this title.
E. Landscaping: Additional landscaping may be required by the City Council to provide a buffer between proposed uses or between the adjacent zoning districts.
F. Utilities: Utilities
must
be provided in a manner to meet the specifications of the City Council.
G. Architectural Design: Architectural design of buildings
must
be aesthetically compatible throughout the development. However, the applicant
must
take appropriate measures to ensure that multi-family buildings and town homes have a varied exterior appearance within the overall architectural theme. Visual monotony and institutional sameness are to be avoided.
(Ord. 19-11, 6-3-2019; amd. Ord. 21-11, 8-16-2021; Ord. 23-13, 8-21-2023)
11-2S-4: LEGAL REQUIREMENTS:
In a planned unit development where ownerships are subject to restrictions, the subdivision plat, dedications, covenants, and other agreements
must
be recorded in the Office of the County Clerk and Recorder. These documents will include those that:
A. Create automatic membership in a nonprofit homeowners' association or corporation to be formed to control, develop, and maintain common areas, properties, and facilities.
B. Place title to any common property or facilities in the association or corporation. (Ord. 19-11, 6-3-2019; amd. Ord. 23-13, 8-21-2023)
11-2S-5: DEVIATIONS FROM STANDARDS:
In order to provide flexibility in the design approach, the Planned Unit Development Overlay allows deviations from many standards of the underlying zoning district as well as from certain standards in the "Standards for Design and Construction" (Public Works Design Manual). Any proposed deviations from adopted standards above and beyond those allowed under chapter 1A of this title must be justified by one or more clear community benefits as set forth in section 11-2S-6 of this article, and shall directly relate to the purpose and intent of the PUD as set forth in section 11-2S-1 of this article.
A. The following standards may be deviated from through approval of a PUD site plan and PUD overlay:
1. Setbacks;
2. Building height;
3. Lot coverage;
4. Minimum lot size;
5. Lot width and/or frontage;
6. Any other lot standards set forth in the subdivision regulations;
7. Street design;
8. Stormwater management;
9. Sidewalks, except that fee in lieu of sidewalks may not be waived except by the City Council for just cause;
10. Landscape standards, except for required buffers; and
11. Parking and loading standards.
B. Standards that may not be deviated from through the PUD overlay include, but are not necessarily limited to, the following:
1. Density standards as set forth in this chapter. Where the PUD Overlay includes more than one underlying zoning district, maximum average density cannot be exceeded (see subsection 11-2S-3B1 of this article);
2. General categories of use as set forth in the underlying zoning district (nonresidential use in a Residential Zoning District, etc.) except as set forth in this chapter;
3. Lakeshore protection regulations;
4. Whitefish Legacy Homes Program standards (see chapter 1A of this title);
5. Utility standards for construction, installation, sizing, etc.;
6. Fire Code requirements such as through access, specific access and circulation requirements, hydrant locations, and sprinkling; and
7. Any and all fees and charges except as set forth in this chapter.
(Ord. 19-11, 6-3-2019; amd. Ord. 21-11, 8-16-2021; Ord. 23-13, 8-21-2023)
11-2S-6: COMMUNITY BENEFIT:
As set forth in section 11-2S-5 of this article, deviations from adopted standards must be justified by one or more clear community benefits. For purposes of this article, a community benefit is an amenity, facility, or service that is of intrinsic or economic value to the community and/or adjacent neighborhood introduced by the proposed planned development that would not otherwise be required. Community facilities and services such as streets, water, sewer, and storm drainage (including on and off- site easements for these facilities), and parkland and parkland dedications or fees in lieu, that are required under a conventional subdivision or other City codes or standards may not be considered community benefits. The following list outlines desirable community benefits and is not all-inclusive as each development site is unique and the developer may propose alternative community benefits.
A. Environmentally Sensitive Areas: Protects environmentally sensitive areas that would not be protected otherwise to the same degree as without a PUD;
B. Natural Features: Preserves, enhances, and rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, view sheds, topography, or non- critical area wildlife habitats, not otherwise required by other City regulations;
C. Public Access: Providing public access to a trail, trailhead, bike path, waterbody, parks, schools, or public lands;
D. Streetscapes: Providing streetscape improvements such as pedestrian signals, ADA compliant curb height crossings, street furniture, bike racks, public art, cultural and interpretive displays, transit shelters, etc.;
E. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a PUD, such as fire stations, utility facilities, public playgrounds, recreational facilities, public parking, bike paths, etc.;
F. Use Of Sustainable Development Techniques: Design which results in sustainable development; such as LEED certification, energy efficiency, use of alternative energy resources such as solar power, stormwater re-use, low impact development techniques, etc.;
G. Rights-Of-Way: Extending public streets, bike paths, trails, and/or sidewalks in compliance with adopted transportation plans;
H. Affordable Housing: Providing employee housing and/or permanently deed restricted affordable housing, land, or fees in lieu consistent with housing needs assessments and the Whitefish Legacy Homes chapter;
I. Affordable Housing Type: Providing a greater mix of affordable housing unit types consistent with the array of housing types provided in the overall development; or
J. Overall Design: Provides a PUD design that is superior to the design that would result from development of the subject property without a PUD. A superior design may include the following:
1. Open Space/Recreation:
a. Provides increased functional open space or recreational facilities beyond standard Code requirements; and
b. Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or
2. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or
3. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; or
4. Site And Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or
5. Alleys: Provides alleys for proposed detached or attached units with individual, private ground-related entries. (Ord. 19-11, 6-3-2019; amd. Ord. 21-11, 8-16-2021)
11-2S-7: APPLICATION PROCEDURE:
A pre-application meeting with planning staff is required prior to application submittal. The application for zoning or rezoning to a PUD district must be executed by the individual(s) whose successors and assignees will be responsible for carrying out the requirements and obligations of the planned unit development district. The application may be accompanied by the preliminary plat for joint review. Draft covenants must also be submitted. Any submittal requirements set forth herein that are found to be not applicable to a particular project or site may be waived or deferred by the Planning and Building Department.
A. The applicant must furnish the following information and materials with the application:
1. A written report on the results of any citizen participation effort done on their part. If an outreach is done, the report must include details of the techniques the applicant may have used to involve the public and the surrounding neighborhoods. That may include dates and locations of meetings where citizens were invited to discuss the proposal, copies of mailings, posted notices, concept plans, etc., the name and location of those receiving notice, and the number of people that participated in the process. The outreach report should also include a summary of concerns and issues expressed by the public, and how the applicant will address or not address said issues or concerns in their formal proposal;
2. The proposed time schedule for the completion of the development or the phasing thereof;
3. A copy of all proposed covenants, restrictions, and easements;
4. An ownership designation and management plan must be provided for open space and common areas, including maintenance and weed control responsibilities. If a homeowner's association (HOA) is the owner, membership in the HOA is mandatory for all property owners within the development and their successors, and the HOA must have lien authority for collection of dues from all members. Should the responsible party fail to maintain all or a portion of the development in reasonable order and condition, the City may assume responsibility for maintenance and may enter the premises to take corrective action, including the provision of extended maintenance. The cost of such maintenance, plus administrative costs and penalties, may be charged to the owner, HOA, or to individual property owners that make up the HOA, and unpaid costs will become a lien on all properties within the development;
5. The developer must provide a draft housing mitigation agreement as set forth in section 11-1A-5 of this title if deed restricting housing units. Once finalized and approved by the City Council as a component of the PUD, this agreement is a legally binding contract between the developer and the City of Whitefish;
6. A copy of the proposed articles of incorporation and bylaws of any corporation and/or homeowners' association to be formed;
7. Verification that the property is within the city limits or the applicant has submitted a concurrent petition to annex. If petitioning for or recently annexed into city limits, an application for zoning map amendment must accompany the planned unit development application;
8. Any other information that the Planning Board or the City Council may deem necessary;
9. Written statement of intent and justification for any proposed deviations from standards above and beyond those allowed in section 11-1A-6 of this title. Each PUD application must include a written explanation describing how the development meets the purpose and intent (section 11-2S-1 of this article) and approval criteria (subsection 11-2S-8B of this article) and describing the specific community benefits (section 11-2S-6 of this article) of the proposed development and how the project provides greater benefits to the City as applicable than would a development carried out in accordance with otherwise applicable Zoning and Subdivision Ordinance standards. The statement must also include a comparison of the proposed development with the standards of the base zoning district, subdivision standards, or public works standards and how it deviates from or exceeds those standards.
B. A detailed "to scale" site plan must be provided that includes the following:
1. Complete land development program including:
a. Total gross acreage;
b. Total undevelopable acreage;
c. Total net acreage;
d. Total area covered by buildings;
e. Total floor area of buildings and floor area ratio (FAR);
f. Total area dedicated to parking, loading, drive aisles, and other paved surfaces; and
g. Total area of open space and landscape ratio (LSR).
2. Present zoning classification and zoning classification of all surrounding properties;
3. Location, size, height, and number of stories, use or uses to be contained in each existing or proposed structure;
4. Location, width, surfacing and layout of all streets, parking areas, and pedestrian walks;
5. Location and number of proposed parking spaces;
6. Location, size, height and orientation of all signs in excess of one square foot;
7. Location and height of all fences, walls, and screen plantings;
8. Location of all common spaces and facilities;
9. Proposed landscaping; and
10. Notation of all proposed deviations from standards.
C. All documents included in the site plan must include space for certification of approval in accordance with the form used for subdivision platting.
D. The preliminary plat (if required) must be prepared in accordance with requirements of the subdivision regulations unless variances are granted and must include space for certification of approval by the City Council. (Ord. 19-11, 6-3-2019; amd. Ord. 21-11, 8-16-2021; Ord. 23-13, 8-21-2023)
11-2S-8: APPROVAL OF THE PLANNED UNIT DEVELOPMENT:
A. Approval of a planned unit development must be based upon a finding that the proposed project substantially achieves the intent of the PUD as set forth in section 11-2S-1 of this article, the approval criteria outlined below are met as applicable, and that there are one or more clear community benefits and proper justification for any proposed deviations from standards.
B. A PUD may be approved by the Whitefish City Council upon findings that the approval criteria set forth herein are substantially met as they may apply and adverse impacts identified through the development review process are avoided or effectively mitigated through plan modification, conditions of record, or other legal and proper means. Approval criteria are as follows:
1. Environmentally sensitive areas of the site must be preserved and protected by the proposed development to the extent possible. Environmentally sensitive areas include, but are not necessarily limited to, wetlands and marshes, slopes in excess of twenty five percent (25%) average grade, and water bodies such as lakes or streams on and/or adjacent to the site. All lakeshore protection and water quality standards must be met.
2. Development must be sensitive to and respectful of wildlife habitat and/or seasonal migration corridors as identified by a competent wildlife assessment or verified by empirical evidence.
3. Open space, either planned for persons expected to reside in the completed development (children, young adults, seniors, etc.) or available to the public in general, must be provided by the development.
4. The character and qualities of existing neighborhoods must be preserved and protected. Proposed PUDs are to be integrated into the existing neighborhood in terms of scale, quality, character, and street continuity. When, in the judgment of the City Council, such integration is not possible, practical, or will otherwise not produce desired outcomes for the existing neighborhood, effective buffering and transitions must be provided by the proposed development.
5. Street continuity must be maintained through extending the Whitefish street grid and other established street systems consistent with adopted transportation plans.
6. New development must provide attractive, high quality streetscapes through the use of landscaping, sidewalks/bikeways, street trees, and quality street lighting fixtures, including design consideration for and integration with adjacent structures.
7. Proposed development must, to the extent possible, provide pedestrian, transit, and bicycle facilities, and encourage transportation alternatives consistent with the Whitefish Growth Policy, adopted transportation plans, and the Bicycle and Pedestrian Master Plan.
8. New development must avoid a monotonous and/or institutional appearance through varied architecture and orientation of buildings, and where appropriate, varying the type of residential unit within the project.
9. Preliminary designs for necessary public facilities, infrastructure, and services including but not limited to water, sewer, and stormwater, must be deemed adequate.
10. All new development must demonstrate substantial compliance with and/or implementation of the growth policy, including adopted neighborhood plans and corridor plans.
C. In approving a PUD, the Council may impose reasonable conditions. Such conditions may be imposed in order to:
1. Mitigate or avoid adverse impacts to adjacent property, neighborhood, and/or the community at large.
2. Ensure the veracity of any claim of community benefit made by the applicant.
3. Support a finding that an approval criterion is met and/or ensure the veracity of the finding.
4. Address any subsequent procedural matters that may need additional attention following PUD approval by the Council.
5. Ensure compliance with any other City requirement or procedure not addressed in the application or in the findings for approval.
D. A PUD may be denied upon a finding that it does not substantially achieve the intent of the PUD, the approval criteria in subsection B of this section are not met, and/or deviations from standards are neither beneficial to the neighborhood or community at large, nor properly justified.
E. The City Council must approve a planned unit development by ordinance, and such approval will incorporate by reference the PUD site plan, all conditions, and all related documents.
F. Because the site planning and design issues involved with PUDs can be complex, there is no time limit for final action by the City Council.
G. When appropriate, a final plat must be submitted to and approved by the City Council and properly recorded with Flathead County. (Ord. 19-11, 6-3-2019; amd. Ord. 21-11, 8-16-2021; Ord. 23-13, 8-21-2023)
11-2S-9: ENFORCEMENT AND MODIFICATION:
A. Any substantive modification or deviation from the site plan adopted by the Planned Unit Development Ordinance must be by amendment to the PUD Ordinance. Substantive modification includes, but is not necessarily limited to, an increase in number of units and/or density, reduction in open space, alteration of buffers, additional deviations from standards, further encroachment into environmentally sensitive areas or buffers, major changes in access and/or circulation, or reduction of project amenities.
B. Minor modifications from the PUD site plan may be approved by the Zoning Administrator upon written notice that any proposed modifications are inconsequential to the proposed development, that impacts associated with a proposed project are unchanged or diminished, and that no other issues associated with PUD approval are compromised.
C. Any other modification or deviation from an approved PUD site plan not otherwise authorized under this section will constitute a violation of the ordinance establishing the PUD overlay, and the owner, lessee, or occupant of the area or building in violation will be subject to the penalties and remedies imposed by this Code. (Ord. 19-11, 6-3-2019; amd. Ord. 23-13, 8-21-2023)
11-2S-10: ABANDONMENT OR EXPIRATION:
Planned unit developments may be abandoned or expire if not developed within a reasonable time frame as described below:
A. A planned unit development, the approval of which is contingent upon, or requires the approval of a subdivision plat, will terminate or expire if the preliminary plat of the subdivision lapses or the final plat fails to be recorded. In a phased development, those portions of the planned unit development that did receive final plat approval will remain in effect. Those portions of the phased development, which fail to receive final plat approval, and/or the preliminary plat lapses, will terminate or expire. In all of the above cases, the undeveloped project area will revert back to the underlying zone and the City will initiate a zoning map amendment to remove the overlay.
B. Planned unit developments, or portions of planned unit developments which do not require subdivision approval, will be required to proceed in accordance with an approved time frame. The owner/applicant will be notified by the City of any noncompliance to the adopted time frame. The owner may petition the City Council for an amended completion schedule. The City Council may amend the completion schedule if it finds this action to be in the best interest of the City.
C. Abandonment will be deemed to occur when no improvements have been made pursuant to the approved planned unit development plan for a period of three (3) years, or upon expiration of the completion schedule approved or amended as part of the planned unit development approval process. Improvements, as defined in this section, include actual construction and do not include design work or the activities of securing financing. Upon abandonment, the zoning of the undeveloped project area will revert to the underlying zone and the City will initiate a zoning map amendment to remove the overlay. (Ord. 19-11, 6-3-2019; amd. Ord. 23-13, 8-21-2023)
11-2T-1: INTENT AND PURPOSE:
The Whitefish Big Mountain village district is intended to provide a regulatory framework for primary resort residential land uses at mixed densities, and year round resort uses including hotels, resort condominiums and similar uses oriented towards tourism and resort businesses. Specific uses provided for include convention facilities, bars, lounges, restaurants, and limited resort oriented retail and commercial uses intended primarily for the convenience of guests of the Big Mountain Resort. The Big Mountain village is a densely compact resort core area characterized mainly by mixed and multiple use buildings and complexes. Retail, commercial services, and dining and drinking establishments will generally be located at street level, with hotel/residential uses above, and parking typically below street level. The Whitefish Big Mountain village district is subject to compliance with the Big Mountain neighborhood plan for general locations of density, land use, and transportation linkages. (Ord. 06-30, 10-16-2006)
11-2T-2: PERMITTED USES:
• Bars/lounges.
• Commercial, private, semiprivate and public recreational facilities.
• Convention centers and facilities.
• Emergency medical clinic.
• Health studios and spas.
• Hotel and motels.
• Office/professional/finance.
• Publicly owned or operated buildings, uses or recreational facilities including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1 of this title).
• Single-family, duplex and multi-family dwellings and mixed-use developments, including short term residential rentals, resort and recreational condominiums, townhouses, time sharing and interval
• Restaurants.
• Retail sales and service.
• Ski areas and associated support facilities.
• Sublots (see special provisions in subsection 11-3-14C of this title).
• Theaters and performing arts venues, indoor and outdoor. (Ord. 06-30, 10-16-2006; amd. Ord. 21-20, 1-3-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2T-3: CONDITIONAL USES:
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Marijuana sales (administrative CUP).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Schools (K-12).
• Service and maintenance shop. (Ord. 06-30, 10-16-2006; amd. Ord. 21-17, 12-6-2021; Ord. 23-13, 8-21-2023)
11-2T-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within the designation:
Minimum designation size | As depicted in the Big Mountain neighborhood plan |
Minimum lot area | Densities for the village are prescribed in the Big Mountain neighborhood plan |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 0 |
Side | 0 |
Rear | 15 feet when abutting a Whitefish Big Mountain resort residential designation otherwise 0 |
Streams and creeks | See section 11-3-29 of this title |
Maximum height | 39 feet (see definition of height for Big Mountain village and resort residential) |
Permitted lot coverage | n/a |
Off street parking | See chapter 6 of this title |
Landscaping | See Big Mountain architectural review standards |
(Ord. 06-30, 10-16-2006; amd. Ord. 08-04, 3-3-2008, eff. 4-2-2008; Ord. 23-13, 8-21-2023)
11-2U-1: INTENT AND PURPOSE:
The Whitefish Big Mountain resort residential district is intended to provide for lower urban densities with little or no commercial activity. Uses within the resort residential will include nightly rentals, timesharing, interval ownerships, vacation clubs, or other multiple ownership residential uses. Density is either derived from the neighborhood plan or by previous approvals. (Ord. 06-30, 10-16-2006)
11-2U-2: PERMITTED USES:
• Bed and breakfast establishments.
• Commercial recreational facilities.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Publicly owned or operated buildings, uses or recreational facilities including parks and playgrounds.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1 of this title).
• Single family, duplex, triplex, fourplex, and multi-family dwellings provided the proposed density complies with the Big Mountain neighborhood plan, including short term residential rentals, resort and recreational condominiums, townhouses, timesharing and interval ownership residences or vacation units and other multiple ownership arrangement residential uses, allowing overnight accommodations and ancillary services for the use of the occupants and guests.
• Land use approvals previously granted by Flathead County, including, but not necessarily limited to, board of adjustment determinations and preliminary plats, which have not yet expired, shall be recognized by the city of Whitefish and carried forward as valid approvals. Any development standards not specifically set forth in prior approvals shall be subject to the development standards of this zoning designation.
• Previously approved PUDs that have not yet expired and are fully built out within two (2) years of the adoption of this zoning designation shall be recognized by the city of Whitefish as valid and shall not be subject to the development standards of this zoning designation.
• Ski areas and associated support facilities.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 06-30, 10-16-2006; amd. Ord. 21-20, 1-3-2022; Ord. 22-05, 4-4-2022; Ord. 23-13, 8-21-2023)
11-2U-3: CONDITIONAL USES:
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Emergency medical clinic.
• Information/reception center.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Restaurant/bar (top of Stoltze Knob).
• Schools (K-12).
• Service, warehouse, and maintenance shop. (Ord. 06-30, 10-16-2006; amd. Ord. 23-13, 8-21-2023)
11-2U-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within the designation:
Minimum designation size | As depicted on the Big Mountain neighborhood plan |
Minimum lot area | Densities for the village are prescribed in the Big Mountain neighborhood plan |
Minimum lot width | n/a |
Minimum yard spaces: | |
Front | 20 feet |
Side | 10 feet |
Rear | 20 feet |
Streams and creeks | See section 11-3-29 of this title |
Townhouse lots1: | |
Side | 6 feet, no encroachments within 5 feet of the property line |
Rear | 16 feet |
Maximum height | 28 feet for one through fourplex and 35 feet for multi-family (see definition of height for Big Mountain village and resort residential) |
Permitted lot coverage | 40 percent |
Off street parking | See chapter 6
of this title |
Landscaping | See Big Mountain architectural review standards |
Note:
1. This only applies to townhouse lots within the Sunrise Ridge phase I (Wood Run) and Moose Run subdivisions.
(Ord. 06-30, 10-16-2006; amd. Ord. 07-15, 6-4-2007; Ord. 08-04, 3-3-2008, eff. 4-2-2008; Ord. 23-13, 8-21-2023)
11-2V-1: INTENT AND PURPOSE:
The WBSD is intended to create defined areas that are appropriate for nonretail limited commercial services and light industrial uses. This district is restricted to those areas identified as business service center in the growth policy. Typical uses would be light manufacturing and component assembly, office/warehouse showrooms, contractors, wholesale trades, and other nonretail commercial services of a destination nature. The grouping of uses must be incorporated in order to develop as an island rather than as a strip. Structures would be of moderate to high architectural quality and clearly not “industrial” in appearance. Landscaping will be extensive with good quality and effective screening and buffering. (Ord. 08-08, 5-19-2008; amd. Ord. 23-13, 8-21-2023)
11-2V-2: PERMITTED USES:
• Agriculture/silviculture.
• Ancillary retail or showrooms, less than fifty percent (50%) of gross floor area of each individual lease space or tenant.
• Building and building contractor related companies.
• Contractor storage yards.
• Feed stores, agricultural supply and tack stores.
• Home occupations, subject to chapter 3 of this title.
• Light assembly, manufacturing, fabricating, processing, including light food manufacturing and processing, repairing, packing or storage facilities in enclosed buildings, provided that such uses do not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke) which extend beyond lot lines, and do not involve materials that are explosive, hazardous or toxic.
• Livestock, subject to chapter 3 of this title.
• Marijuana manufacturing, cultivation, and testing.
• Small equipment sales, rental and repair conducted indoors without outdoor storage.
• Music and dance studios.
• Nurseries and landscape materials, wholesale and retail.
• Offices: professional, governmental or business.
• Parks and playgrounds, private.
• Personal services with incidental retail sales.
• Private postal services and shipping services.
• Printing and publishing.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding repair or storage facilities.
• Publicly owned or operated buildings, uses or recreational facilities, including parks and playgrounds.
• Repair shops including small engines that do not involve open storage of boats or vehicles.
• Residential:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions under subsection 11-3-1 of this title).
• Daycare (registered home, 5 to 15 individuals).
• Single-family and duplex dwellings
• Multi-family dwellings and multi-family mixed-use developments.
• Sales stands for the sale of farm or ranch products produced on the premises or items similar to those products.
• Stables and riding academies.
• Veterinary hospital.
• Wholesale and warehousing, including offices and showrooms. (Ord. 08-08, 5-19-2008; amd. Ord. 21-17, 12-6-2021; Ord. 23-13, 8-21-2023)
11-2V-3: CONDITIONAL USES:
• Accessory housing in conjunction with a business.
• Ancillary retail or showrooms, more than fifty percent (50%) of the gross floor area.
• Auditorium, convention facilities or other places of assembly.
• Churches and/or similar places of worship.
• Colleges, business or trade schools.
• Daycare centers (16 or more individuals).
• Kennels and animal training centers.
• Marijuana sales (administrative CUP).
• Ministorage facilities.
• Research laboratories and institutions. (Ord. 08-08, 5-19-2008; amd. Ord. 21-17, 12-6-2021; Ord. 22-04, 3-21-2022)
11-2V-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Minimum district size | 5 acres |
Minimum lot area | 1 acre |
Minimum lot width | 125 feet |
Minimum yard spaces: | |
Front | 30 feet |
Side | 10 feet 30 feet if adjacent to a residential or agricultural use or zone |
Rear | 15 feet 30 feet if adjacent to a residential or agricultural use or zone |
Maximum height | 35 feet |
Permitted lot coverage | 40 percent |
Off-street parking | See chapter 6 of this title |
Accessory uses | Accessory uses must maintain the same yard requirements as the primary uses |
A. Bulk And Scale:
1. When not shown on the initial site plan required for zoning or rezoning properties, all new structures with a gross floor area of ten thousand (10,000) square feet or greater, existing structures where an addition causes the total floor area to be ten thousand (10,000) square feet or greater, and additions to structures where the total floor area already is ten thousand (10,000) square feet or greater, with the exception of multi-family and mixed-use with multi-family, are subject to a conditional use permit pursuant to section 11-7-8
of this title.
2. One commercial use permitted per gross acre. Multiple commercial uses should cluster development to include both shared parking areas and internal road access. Buildings must be grouped into localized areas and must not be developed in a linear fashion.
B. Site Plan Requirements:
1. A site plan, vicinity map and building concepts must accompany a request to rezone the property or otherwise grade or develop a lot for a permitted use prior to the issuance of a building permit or zoning compliance permit. Prior to any site development, a detailed site plan must be submitted to the zoning administrator to demonstrate compliance with the approved development plan, and a building permit or zoning compliance permit must be obtained.
Site plans must include all buildings, structures, parking, driveways, sidewalks, utilities, drainage, hydrants, landscaping and signage. The vicinity map must include surrounding parcels, buildings, structures, circulation systems and major physical features. The site plan must demonstrate conformance with the zoning regulations and other applicable city regulations. All projects constructed in accordance with an approved site plan must be permanently maintained as approved. Any desired subsequent changes must be submitted for approval as an amendment to the site plan. Prior to occupancy, the site must be inspected for compliance with the site plan. All improvements must be installed and functioning before occupancy will be allowed.
2. Shared driveway access or frontage roads (whether public or private) are required where possible to provide a cohesive internal circulation pattern and to limit access onto arterials and collectors when development contains multiple commercial uses.
3. Minor deviations to the site plan must be allowed which do not involve more than ten percent (10%) of the building site for a single building. This would include, but is not limited to, the location and/or expansion of the building, parking lot location, signage, number of parking spaces and landscaping. Minor deviations to the site plan must be reviewed and approved by the zoning administrator. Substantial modifications to the site plan will be required to be reviewed and approved by the city council. Substantial changes would include, but not be limited to, an increase in the number of buildings, major changes in access or circulation, an increase in building size by more than ten percent (10%), major changes to signage and major changes to landscaping design and location.
C. Clustering:
1. Clustering of uses includes incorporation of common shared areas such as courtyards to create central nodes of business/development as opposed to linear development.
2. Clustering should include shared access, parking, landscaping, with the overall development designed to protect surrounding properties from adverse impacts.
3. For the purpose of clustering, the site will be developed as one lot. Property setbacks for commercial uses do not apply except for separation from residential uses. This allows for cohesive development on multiple properties developed in conjunction with an overall development theme or business park plan.
1. Landscape design must be in accordance with the concept of a business park. A combination of landscape materials should be arranged in a harmonious manner as an integral part of the project design to enhance building design, public view and interior spaces and provide buffers and transitions, as appropriate.
2. Parking lot landscaping must comply with the requirements of chapter 6 of this title.
3. Exposed utilities, storage areas, machinery, installations, service and loading areas and similar accessory areas and structures must be set back to the primary structure requirements or screened to minimize the loss of views, privacy and the general aesthetic value of surroundings.
E. Signage: An overall sign plan for the district must be provided that incorporates the architectural theme and landscape design as an integrated concept and must be in accordance with the concept of a business park. A combination of natural materials and colors should be arranged in a harmonious manner that complements the overall design of the site and does not create visual clutter, distractions for passing motorists or the obstruction of important architectural or landscaping features. (Ord. 08-08, 5-19-2008; amd. Ord. 23-13, 8-21-2023)
11-2W-1: INTENT AND PURPOSE:
The WT-3 District is intended for transitional development including high density residential, professional offices, light manufacturing, light assembly and ancillary services to provide a performance based mixed use environment with a recreational amenity, a community gateway, and adaptive use areas which are transitioning from their traditional uses and lots that primarily border either the Whitefish River or Industrial zoned property. The boundary of this district is along the north side of Highway 93 from both sides of North Karrow Avenue to the Whitefish River. This zoning classification is not intended for general application throughout the Whitefish area. (Ord. 16-06, 3-7-2016)
11-2W-2: PERMITTED USES:
• Home occupations (see special provisions in section 11-3-13 of this title).
• Open space for active or passive, public or private, outdoor space, including such uses as parks, plazas, greens, playgrounds, community gardens.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings and uses.
• Residential:
• Accessory dwelling units (see special provisions in subsection 11-3-1) of this title).
• Daycare (registered home, 5 to 15 children).
• Single-family through fourplex dwelling units.
• Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)
11-2W-3: CONDITIONAL USES:
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Caretaker's unit.
• Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.
• Clubs, private and semiprivate recreational facilities.
• Daycare centers (more than 15 individuals).
• Hotels and motels and associated uses customarily accessory thereto are permitted within a portion of the Whitefish River frontage area, said frontage area being a strip of land three hundred feet (300') wide and lying southwesterly of, and contiguous to, the requisite buffer and setback areas of the Whitefish River north of 1st Street. The width of this area may be modified by the Zoning Administrator if geotechnical analysis reveals the presence of unstable fill material along the bank of the Whitefish River.
• Manufacturing, artisan (see special provisions in section 11-3-39 of this title).
• Personal services (street level only).
• Professional artist studio and gallery (see special provisions in section 11-3-15 of this title).
• Professional offices (street level only).
• Public golf courses.
• Residential:
• Boarding houses.
• Dwelling groups or clusters.
• Guesthouses.
• Multi-family dwellings, five (5) to eight (8) dwelling units - administrative conditional use permit (subsection 11-7-8M of this title) (see special provisions in section 11-3-42 or 11-3-43 of this title).
• Multi-family dwellings, nine (9) or more dwelling units (see special provisions in section 11-3-42 or 11-3-43 of this title). (Ord. 19-11, 6-3-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)
11-2W-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Bulk and scale | All new structures with a building footprint of 3,500 square feet or greater, existing structures where an addition causes the total footprint to be 3,500 square feet or greater, and additions to structures where the footprint is already 3,500 square feet or greater, are subject to a conditional use permit pursuant to section 11-7-8 of this title | |
Minimum district size | n/a | |
Minimum lot area: | ||
Single-family and duplex dwellings | 6,000 square feet | |
Multi-family dwellings/unit | 3,000 square feet | |
Attached one-family dwelling on a sublot | 2,400 square feet | |
Minimum lot width | 50 feet | |
Minimum yard spaces: | ||
Front | 25 feet | |
Side | 10 feet for single-story, 15 feet for two- story | |
Rear | 20 feet | |
Maximum height | 35 feet. The maximum building height may be increased up to 42 feet for mixed use buildings or when the majority of the roof pitch is 7/12 or steeper | |
Permitted lot coverage | 50 percent maximum | |
Off street parking | See chapter 6 of this title | |
A. Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both | ||
B. If a nonresidential and a residential use share off street parking, the parking requirement for the residential use may be reduced by 50 percent | ||
C. Applicants must provide a shared parking agreement executed by the parties establishing the shared parking spaces. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required by chapter 6 of this title | ||
D. Shared or leased parking may be located within 300 feet of the site | ||
E. Required accessible parking spaces (for persons with disabilities) may not be shared and must be located on site | ||
Hours of operation | 7:00 A.M. to 8:00 P.M. for nonresidential uses if within 100 feet of a residential use | |
Accessory buildings | Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure | |
Landscaping | See chapter 4
of this title (single-family and duplex uses exempted) | |
(Ord. 16-06, 3-7-2016; amd. Ord. 23-13, 8-21-2023)
11-2X-1: INTENT AND PURPOSE:
The WI-T district is intended to allow for the gradual transition on vacant or underutilized sites that were traditionally used for heavy manufacturing to adaptive, clean industries and business incubators. These sites are generally proximate to the downtown, have existing high capacity utility services and existing multimodal transportation opportunities such as rail and highway access. The applicable boundary of this district is along the north side of West 1st Street east of Murray Avenue to the BNSF railway corridor and where a buffer of mixed use zoning shall separate it from the Whitefish River. This zoning classification is not intended for general application throughout the Whitefish area. (Ord. 16-06, 3-7-2016)
11-2X-2: PERMITTED USES:
• Building supply outlets.
• Janitorial services.
• Light industrial manufacturing, fabricating, processing, repairing, packing or storing facilities.
• Live/work units (see special provisions in section 11-3-41 of this title).
• Marijuana manufacturing, cultivation, and testing.
• Open space for active or passive, public or private, outdoor space, including such uses as parks, plazas, greens, playgrounds, community gardens.
• Parcel delivery services.
• Professional offices.
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings.
• Warehousing. (Ord. 16-06, 3-7-2016; amd. Ord. 21-17, 12-6-2021; Ord. 23-13, 8-21-2023)
11-2X-3: CONDITIONAL USES:
• Any use allowed as a permitted use under the WI district not listed above under permitted uses.
• Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).
• Business incubator. The following uses are permitted within a business incubator facility, not to exceed three thousand six hundred (3,600) square feet of floor area per use:
• Advanced materials.
• Arts.
• Biosciences/life sciences.
• Computer hardware and software.
• Construction.
• E-business and e-commerce.
• Electronics/microelectronics.
• Energy.
• Environment/clean technologies.
• Healthcare.
• Internet.
• Kitchen/food.
• Manufacturing.
• Marijuana sales.
• Media.
• Medical devices.
• Nanotechnology.
• Services/professional.
• Telecommunications.
• Tourism.
• Wireless technology.
• Wood/forestry.
• Coffee shops and sandwich shops (no "formula" businesses), with no more than two thousand (2,000) square feet of gross floor area.
• Colleges, business and trade schools.
• Contractors' yards.
• Grocery stores (less than 5,000 square feet of enclosed gross floor area per lot of record).
• Heavy equipment sales, rental and service.
• Manufacturing, artisan (see special provisions in section 11-3-39 of this title).
• Microbreweries and microdistilleries.
• Nursing and retirements homes, personal care facilities, community residential facilities, types I and II.
• Petroleum products, wholesale.
• Research facilities.
• Wireless service facilities. (Ord. 16-06, 3-7-2016; amd. Ord. 21-17, 12-6-2021)
11-2X-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards shall apply to land and buildings within this district:
Bulk and scale | All new structures with a building footprint of 15,000 square feet or greater, existing structures where an addition causes the total footprint to be 15,000 square feet or greater, and additions to structures where the footprint is already 15,000 square feet or greater, are subject to a conditional use permit pursuant to section 11-7-8 of this title | |
Minimum district size | 5 acres | |
Minimum lot area | n/a | |
Minimum lot width | 50 feet | |
Minimum yard spaces: | ||
Front | 25 feet | |
Side | 10 feet. 20 feet if adjacent to a residential zone or park | |
Rear | 20 feet | |
Maximum height | 35 feet | |
Permitted lot coverage | 70 percent | |
Off street parking | See chapter 6 of this title | |
Outdoor storage and processes | No outdoor processes can be employed in the operation of businesses. Waste and recycle receptacles must be maintained within an enclosed structure. Limited outdoor storage areas are allowed, subject to the following criteria: | |
A. Outdoor storage areas must not be located in the front yard setback | ||
B. Outdoor storage areas must be screened with a sight obscuring fence at least 6 feet in height but not to exceed 8 feet in height. Fencing must be located behind the required perimeter landscaping | ||
C. Equipment, vehicles, materials, containers, and other items located within outdoor storage areas must be maintained in an orderly fashion | ||
D. Outdoor storage areas must not be used to store waste or recycle materials | ||
Site plan requirements | A. The site plan, vicinity map and building elevations must be submitted to and approved by the zoning administrator to erect new buildings or structures, make additions exceeding 10 percent of the floor area or existing buildings or structures, or otherwise grade or develop a lot for a permitted use prior to the issuance of a building permit. A comprehensive site plan is required for multiple-tenant projects. Site plans must include all buildings, structures, parking, driveways, sidewalks, utilities, drainage, hydrants, open space, landscaping and signage. The vicinity map must include surrounding parcels, buildings, structures, circulation systems and major physical features. The site plan must demonstrate conformance with the zoning regulations and other applicable city regulations. All projects constructed in accordance with an approved site plan must be permanently maintained as approved. Any desired subsequent changes shall be submitted for approval as an amendment to the site plan. Prior to occupancy, the site must be inspected for compliance with the site plan. All improvements must be installed and functioning before occupancy will be allowed | |
B. Minor deviations to the site plan shall be allowed which do not involve more than 20 percent of the building site for a single building. This would include, but is not limited to, the location and/or expansion of the building, parking lot location, signage, number of parking spaces, and landscaping. Minor deviations to the site plan must be reviewed and approved by the zoning administrator | ||
C. Substantial modifications to the site plan will be required to be reviewed and approved by the city council. Substantial changes would include, but not be limited to, an increase in the number of buildings, major changes in access or circulation, an increase in building size by more than 20 percent, and major changes to landscaping design and location | ||
Accessory buildings | Accessory buildings must maintain the same yard requirements as the primary use | |
Landscaping | See chapter 4 of this title. Subsection 11-4-5E of this title applies | |
(Ord. 16-06, 3-7-2016; amd. Ord. 23-13, 8-21-2023)
11-2Y-1: INTENT AND PURPOSE:
The WB-T District is intended for transitional highway frontage areas between existing county Business Service areas and the city’s Secondary Business District. While the majority of development would be tightly controlled by the conditional use permit process, the district is appropriate for light commercial and ancillary services fronting the highway with single-family to high density residential uses typically located behind to provide a performance based mixed-use environment in a highway community gateway setting. Due to high vehicle speeds and limited access points, high traffic uses are discouraged, and frontage or backage roads will be developed to consolidate highway accesses. This zoning classification is intended for areas annexing into the city with current county B-4 zoning, and not intended for general application throughout the Whitefish area, nor is it to be extended south of Emerald Drive/Russell Road on Highway 93 South. (Ord. 23-01, 2-21-2023)
11-2Y-2: PERMITTED USES:
• Accessory dwelling units when accessory to a single-family dwelling (see special provisions in subsection 11-3-1
of this title).
• Daycares and daycare centers.
• Home occupations (see special provisions in section 11-3-13 of this title).
• Public utility buildings and facilities when necessary for serving the surrounding territory, excluding business offices and repair or storage facilities.
• Publicly owned or operated buildings and uses.
• Residential:
• Single-family through multi-family dwellings, including mixed-use development. (Ord. 23-01, 2-21-2023; amd. Ord. 23-13, 8-21-2023)
11-2Y-3: CONDITIONAL USES:
• Churches.
• Hospitals, nursing, retirement homes, or personal care facilities.
• Kennels and animal training centers.
• Light assembly, manufacturing, fabricating, processing, including light food manufacturing and processing, repairing, packing, and related storage facilities in enclosed buildings, provided that such uses do not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke) which extend beyond lot lines, and do not involve materials that are explosive, hazardous or toxic.
• Marijuana facilities.
• Medical clinics and associated therapeutic health services.
• Micro-breweries or micro-distilleries.
• Nurseries and landscape materials.
• Professional offices.
• Recreational facilities, private and commercial.
• Recreational guides and outfitters.
• Research laboratories and institutions.
• RV parks and campgrounds.
• Residential:
• Boarding houses.
• Caretaker units.
• Restaurants (non-formula).
• Veterinary offices and hospitals. (Ord. 23-01, 2-21-2023; amd. Ord. 23-13, 8-21-2023)
11-2Y-4: PROPERTY DEVELOPMENT STANDARDS:
The following property development standards apply to land and buildings within this district:
Bulk and scale | All new structures with a building footprint of 7,500 square feet or greater, existing structures where an addition causes the total footprint to be 7,500 square feet or greater, and additions to structures where the footprint is already 7,500 square feet or greater, with the exception of multi-family and mixed-use with multi-family, are subject to a conditional use permit pursuant to section 11-7-8
of this title. |
Maximum building footprint is 15,000 square feet. | |
Minimum district size | n/a |
Minimum lot area | n/a |
Minimum lot width | 50 feet |
Minimum yard spaces: | |
Front | 30 feet, 50 feet landscaped buffer when abutting Highway 93 and Highway 40. |
Side | 10 feet, 30 feet landscaped buffer when abutting residential or agricultural zoned properties, 50 feet landscaped buffer when abutting Highway 93 and Highway 40. |
Rear | 20 feet, 30 feet landscaped buffer when abutting residential or agricultural zoned properties. |
Maximum height | 35 feet |
Permitted lot coverage | n/a |
Off street parking | See chapter 6 of this title. |
Landscaping | See chapter 4 of this title (single-family and duplex uses exempted). |
General requirements: | 1. Shared driveway access or frontage roads (whether public or private) are required to provide a cohesive internal circulation pattern and to consolidate access onto arterials and collectors. |
2. Where access can be achieved via an adjacent or internal street or easement, the lot must take its access from that location instead of direct access onto the highway. | |
3. Where no adjacent street network is available, site design of individual lots must provide for shared access with neighboring parcels and easements must be provided for future road locations. | |
4. Site design should incorporate shared parking and landscaped buffers to protect surrounding properties from adverse impacts to the greatest extent possible. | |
5. Exposed utilities, storage areas, machinery, service and loading areas and similar accessory areas and structures must be set back to the primary structure requirements and fully screened with fencing and/or landscaping to minimize the loss of views, privacy and the general aesthetic value of surroundings. (Ord. 23-01, 2-21-2023; amd. Ord. 23-13, 8-21-2023) | |