ORDINANCE NO. 23-20
An Ordinance of the City Council of the City of Whitefish, Montana, amending Zoning Regulations Title 11, Chapter 9, Section 2, Definitions, of the Whitefish City Code.
WHEREAS, in response to a letter submitted by a business owner, at its meeting held May 1, 2023, the City Council directed staff to investigate the possibility of allowing casino machines in areas of the City outside of the casino overlay zone; and
WHEREAS, at a lawfully noticed public work session held August 7, 2023, the City Council reviewed a memorandum drafted by staff, discussed options regarding casinos, invited public comment, and thereafter directed staff to amend the definition of casino contained in the Whitefish City Code to allow establishments licensed by the department of revenue to have up to five casino machines; and
WHEREAS, at a lawfully noticed public hearing on September 14, 2023, the Whitefish Planning Board received an oral report from Planning staff, reviewed Staff Report WZTA 23-08, invited public comment, and thereafter voted unanimously to recommend approval of the proposed text amendment; and
WHEREAS, at a lawfully noticed public hearing on October 2, 2023, the Whitefish City Council received an oral report and a written report from Planning staff, reviewed Staff Report WZTA 23-08, and letter of transmittal, invited public input, and thereafter approved the text amendments attached as Exhibit A; and
WHEREAS, it will be in the best interests of the City of Whitefish and its inhabitants to adopt the proposed amendments to the zoning regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows:
Section 1: All of the recitals set forth above are hereby adopted as Findings of Fact.
Section 2: Staff Report WZTA 23-08 dated September 14, 2023, together with letter of transmittal from the Whitefish Planning & Building Department dated October 2, 2023, are hereby adopted as Findings of Fact.
Section 3: The amendments to Title 11, Zoning Regulations, as provided in Exhibit A are hereby adopted.
Section 4: In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect.
Section 5: This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Whitefish, Montana, and signing by the Mayor thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 16TH DAY OF OCTOBER 2023.
John M. Muhlfeld, Mayor
ATTEST:
Michelle Howke, City Clerk
EXHIBIT A
TITLE 11 - ZONING REGULATIONS
CHAPTER 9
DEFINITIONS
11-9-2: DEFINITIONS:
CASINO: | Any establishment licensed by the Montana department of justice revenue for one six or more video gambling machines or gambling devices, or is licensed for and conducts the following types of gambling: Calcutta pools, live card games, live card tournaments and live keno. |