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Whitefish Overview
Whitefish, MT Code of Ordinances
CITY CODE of WHITEFISH, MONTANA
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS, COMMISSIONS AND COMMITTEES
TITLE 3 BUSINESS REGULATIONS
TITLE 4 PUBLIC HEALTH AND SAFETY
TITLE 5 POLICE REGULATIONS
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 WATER AND SEWER
TITLE 9 FIRE REGULATIONS
TITLE 10 BUILDING REGULATIONS
TITLE 11 ZONING REGULATIONS
CHAPTER 1 GENERAL ZONING PROVISIONS
CHAPTER 1A WHITEFISH LEGACY HOMES PROGRAM
CHAPTER 2 ZONING DISTRICTS
CHAPTER 3 SPECIAL PROVISIONS
CHAPTER 4 LANDSCAPING REQUIREMENTS
CHAPTER 5 SIGN REGULATIONS
CHAPTER 6 OFF STREET PARKING AND LOADING
CHAPTER 7 ADMINISTRATION AND ENFORCEMENT
CHAPTER 8 APPENDICES
CHAPTER 9 DEFINITIONS
TITLE 12 SUBDIVISION REGULATIONS
TITLE 13 LAKE AND LAKESHORE PROTECTION REGULATIONS
TITLE 14 FLOOD CONTROL
TITLE 15 FRANCHISES
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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)
ARTICLE Y. WB-T BUSINESS TRANSITIONAL DISTRICT
SECTION:
11-2Y-1: Intent And Purpose
11-2Y-2: Permitted Uses
11-2Y-3: Conditional Uses
11-2Y-4: Property Development Standards
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)