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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
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District Title
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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)
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)
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)
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)
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)
• 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)
• 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)
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)
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