Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-27
). The text of the amendment will be incorporated below when the ordinance is codified.
A. Established: The use districts, regulations and uses that are 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, shall be deemed to be a lot and may be used as a building site; provided, however, that all other regulations for the district shall be 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 shall be placed 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 shall 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) shall be abandoned.
4. In the event a neighborhood plan has been adopted as an addendum to the Whitefish City-County master plan, the provisions of the neighborhood plan shall 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 shall control. (Ord. A-407, 3-15-1982)
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 shafts, rooftop equipment screening that is no taller than the equipment (such screening shall not be used to create additional exterior wall height) and other similar projections. Building height and permitted exemptions in the WB-3 district shall meet the standards in section 11-2L-4 of this chapter. (Ord. 16-04, 2-16-2016)
6. Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, steps and other similar architectural features and appurtenances shall 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 shall any appurtenance be less than three feet (3') from an adjacent property line. It shall be 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 shall be at least thirty inches (30") above floor level; and
b. The opening in the wall for the bay window shall be 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 shall not exceed thirty percent (30%) of the total length of the building wall from which the encroachment protrudes, but in no case shall any single cantilever width exceed twelve feet (12') measured at the wall line.
b. The width of the cantilever shall 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. (Ord. 07-33, 10-15-2007)
9. Open porches, landings, decks or balconies may be allowed to extend into the front or rear yard, but shall not exceed one- third (1/3) of the distance of the required setback.
10. Every unoccupied or uninhabitable manufactured home shall be located in a manufactured home park or in a legal storage area.
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. (Ord. A-407, 3-15-1982; amd. Ord. 07-33, 10-15-2007)
12. Only one principal use is allowed per lot of record. Multiple principal uses may be allowed on a single lot of record upon the issuance of a conditional use permit. (Ord. 97-2, 10-20-1997; amd. Ord. 07-33, 10-15-2007)
13. The conversion of basement or attic space within a residence that is legally nonconforming with respect to setbacks is not subject to a variance from the board of adjustments provided that 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. (Ord. 04-03, 3-1-2004; amd. Ord. 07-33, 10-15-2007)
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" shall mean 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 shall prohibit or preclude routine property maintenance, forest management, or any lawful grading or excavation of property not associated with development. (Ord. 14-21, 1-5-2015)
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. (Ord. 10-04, 2-1-2010)
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. 19-11, 6-3-2019)