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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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11-2P-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)
ARTICLE Q. WRB-2 GENERAL RESORT BUSINESS DISTRICT
SECTION:
11-2Q-1: Intent And Purpose
11-2Q-2: Permitted Uses
11-2Q-3: Conditional Uses
11-2Q-4: Property Development Standards
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)
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