11-2V-1: INTENT AND PURPOSE:

The WBSD is intended to create defined areas that are appropriate for nonretail limited commercial services and light industrial uses. This district is restricted to those areas identified as business service center in the growth policy. Typical uses would be light manufacturing and component assembly, office/warehouse showrooms, contractors, wholesale trades, and other nonretail commercial services of a destination nature. The grouping of uses must be incorporated in order to develop as an island rather than as a strip. Structures would be of moderate to high architectural quality and clearly not “industrial” in appearance. Landscaping will be extensive with good quality and effective screening and buffering. (Ord. 08-08, 5-19-2008; amd. Ord. 23-13, 8-21-2023)

11-2V-2: PERMITTED USES:

•   Agriculture/silviculture.

•   Ancillary retail or showrooms, less than fifty percent (50%) of gross floor area of each individual lease space or tenant.

•   Building and building contractor related companies.

•   Contractor storage yards.

•   Feed stores, agricultural supply and tack stores.

•   Home occupations, subject to chapter 3 of this title.

•   Light assembly, manufacturing, fabricating, processing, including light food manufacturing and processing, repairing, packing or 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.

•   Livestock, subject to chapter 3 of this title.

•   Marijuana manufacturing, cultivation, and testing.

•   Small equipment sales, rental and repair conducted indoors without outdoor storage.

•   Music and dance studios.

•   Nurseries and landscape materials, wholesale and retail.

•   Offices: professional, governmental or business.

•   Parks and playgrounds, private.

•   Personal services with incidental retail sales.

•   Private postal services and shipping services.

•    Printing and publishing.

•    Public utility buildings and facilities when necessary for serving the surrounding territory, excluding repair or storage facilities.

•   Publicly owned or operated buildings, uses or recreational facilities, including parks and playgrounds.

•   Repair shops including small engines that do not involve open storage of boats or vehicles.

•    Residential:

   •    Accessory dwelling units when accessory to a single-family dwelling (see special provisions under subsection 11-3-1 of this title).

   •    Daycare (registered home, 5 to 15 individuals).

   •    Single-family and duplex dwellings

   •    Multi-family dwellings and multi-family mixed-use developments.

•   Sales stands for the sale of farm or ranch products produced on the premises or items similar to those products.

•   Stables and riding academies.

•   Veterinary hospital.

•   Wholesale and warehousing, including offices and showrooms. (Ord. 08-08, 5-19-2008; amd. Ord. 21-17, 12-6-2021; Ord. 23-13, 8-21-2023)

11-2V-3: CONDITIONAL USES:

•    Accessory housing in conjunction with a business.

•    Ancillary retail or showrooms, more than fifty percent (50%) of the gross floor area.

•    Auditorium, convention facilities or other places of assembly.

•    Churches and/or similar places of worship.

•    Colleges, business or trade schools.

•    Daycare centers (16 or more individuals).

•    Kennels and animal training centers.

•   Marijuana sales (administrative CUP).

•    Ministorage facilities.

•    Research laboratories and institutions. (Ord. 08-08, 5-19-2008; amd. Ord. 21-17, 12-6-2021; Ord. 22-04, 3-21-2022)

11-2V-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	1 acre
Minimum lot width	125 feet
Minimum yard spaces:
Front	30 feet
Side	10 feet 30 feet if adjacent to a residential or agricultural use or zone
Rear	15 feet 30 feet if adjacent to a residential or agricultural use or zone
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 uses

 

   A.   Bulk And Scale:

      1.   When not shown on the initial site plan required for zoning or rezoning properties, all new structures with a gross floor area of ten thousand (10,000) square feet or greater, existing structures where an addition causes the total floor area to be ten thousand (10,000) square feet or greater, and additions to structures where the total floor area already is ten thousand (10,000) 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.

      2.   One commercial use permitted per gross acre. Multiple commercial uses should cluster development to include both shared parking areas and internal road access. Buildings must be grouped into localized areas and must not be developed in a linear fashion.

   B.   Site Plan Requirements:

      1.   A site plan, vicinity map and building concepts must accompany a request to rezone the property or otherwise grade or develop a lot for a permitted use prior to the issuance of a building permit or zoning compliance permit. Prior to any site development, a detailed site plan must be submitted to the zoning administrator to demonstrate compliance with the approved development plan, and a building permit or zoning compliance permit must be obtained.

Site plans must include all buildings, structures, parking, driveways, sidewalks, utilities, drainage, hydrants, 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 must 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.

      2.   Shared driveway access or frontage roads (whether public or private) are required where possible to provide a cohesive internal circulation pattern and to limit access onto arterials and collectors when development contains multiple commercial uses.

      3.   Minor deviations to the site plan must be allowed which do not involve more than ten percent (10%) 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. 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 ten percent (10%), major changes to signage and major changes to landscaping design and location.

   C.   Clustering:

      1.   Clustering of uses includes incorporation of common shared areas such as courtyards to create central nodes of business/development as opposed to linear development.

      2.   Clustering should include shared access, parking, landscaping, with the overall development designed to protect surrounding properties from adverse impacts.

      3.   For the purpose of clustering, the site will be developed as one lot. Property setbacks for commercial uses do not apply except for separation from residential uses. This allows for cohesive development on multiple properties developed in conjunction with an overall development theme or business park plan.

   D.   Landscaping 1 :

      1.   Landscape design must be in accordance with the concept of a business park. A combination of landscape materials should be arranged in a harmonious manner as an integral part of the project design to enhance building design, public view and interior spaces and provide buffers and transitions, as appropriate.

      2.   Parking lot landscaping must comply with the requirements of chapter 6 of this title.

      3.   Exposed utilities, storage areas, machinery, installations, service and loading areas and similar accessory areas and structures must be set back to the primary structure requirements or screened to minimize the loss of views, privacy and the general aesthetic value of surroundings.

   E.   Signage: An overall sign plan for the district must be provided that incorporates the architectural theme and landscape design as an integrated concept and must be in accordance with the concept of a business park. A combination of natural materials and colors should be arranged in a harmonious manner that complements the overall design of the site and does not create visual clutter, distractions for passing motorists or the obstruction of important architectural or landscaping features. (Ord. 08-08, 5-19-2008; amd. Ord. 23-13, 8-21-2023)

 

Notes

1	1. See chapter 4 of this title.

ARTICLE W. WT-3 NEIGHBORHOOD MIXED USE TRANSITIONAL DISTRICT

SECTION:

11-2W-1: Intent And Purpose

11-2W-2: Permitted Uses

11-2W-3: Conditional Uses

11-2W-4: Property Development Standards

11-2W-1: INTENT AND PURPOSE:

The WT-3 District is intended for transitional development including high density residential, professional offices, light manufacturing, light assembly and ancillary services to provide a performance based mixed use environment with a recreational amenity, a community gateway, and adaptive use areas which are transitioning from their traditional uses and lots that primarily border either the Whitefish River or Industrial zoned property. The boundary of this district is along the north side of Highway 93 from both sides of North Karrow Avenue to the Whitefish River. This zoning classification is not intended for general application throughout the Whitefish area. (Ord. 16-06, 3-7-2016)

11-2W-2: PERMITTED USES:

•   Home occupations (see special provisions in section 11-3-13 of this title).

•   Open space for active or passive, public or private, outdoor space, including such uses as parks, plazas, greens, playgrounds, community gardens.

•   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:

   •   Accessory dwelling units (see special provisions in subsection 11-3-1) of this title).

   •   Daycare (registered home, 5 to 15 children).

   •   Single-family through fourplex dwelling units.

•   Sublots (see special provisions in subsection 11-3-14C of this title). (Ord. 19-14, 7-1-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)

11-2W-3: CONDITIONAL USES:

•   Bed and breakfast establishments (see special provisions in section 11-3-4 of this title).

•   Caretaker's unit.

•   Churches or similar places of worship, including parish houses, parsonages, rectories, convents and dormitories.

•   Clubs, private and semiprivate recreational facilities.

•   Daycare centers (more than 15 individuals).

•   Hotels and motels and associated uses customarily accessory thereto are permitted within a portion of the Whitefish River frontage area, said frontage area being a strip of land three hundred feet (300') wide and lying southwesterly of, and contiguous to, the requisite buffer and setback areas of the Whitefish River north of 1st Street. The width of this area may be modified by the Zoning Administrator if geotechnical analysis reveals the presence of unstable fill material along the bank of the Whitefish River.

•   Manufacturing, artisan (see special provisions in section 11-3-39 of this title).

•   Personal services (street level only).

•   Professional artist studio and gallery (see special provisions in section 11-3-15 of this title).

•   Professional offices (street level only).

•   Public golf courses.

•   Residential:

   •   Boarding houses.

   •   Dwelling groups or clusters.

   •    Guesthouses.

   •    Multi-family dwellings, five (5) to eight (8) dwelling units - administrative conditional use permit (subsection 11-7-8M of this title) (see special provisions in section 11-3-42 or 11-3-43 of this title).

   •    Multi-family dwellings, nine (9) or more dwelling units (see special provisions in section 11-3-42 or 11-3-43 of this title). (Ord. 19-11, 6-3-2019; amd. Ord. 22-04, 3-21-2022; Ord. 23-13, 8-21-2023)

11-2W-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 3,500 square feet or greater, existing structures where an addition causes the total footprint to be 3,500 square feet or greater, and additions to structures where the footprint is already 3,500 square feet or greater, are subject to a conditional use permit pursuant to section 11-7-8 of this title
Minimum district size		n/a
Minimum lot area:
	Single-family and duplex dwellings	6,000 square feet
	Multi-family dwellings/unit	3,000 square feet
	Attached one-family dwelling on a sublot	2,400 square feet
Minimum lot width		50 feet
Minimum yard spaces:
	Front	25 feet
	Side	10 feet for single-story, 15 feet for two- story
	Rear	20 feet
Maximum height		35 feet. The maximum building height may be increased up to 42 feet for mixed use buildings or when the majority of the roof pitch is 7/12 or steeper
Permitted lot coverage		50 percent maximum
Off street parking		See chapter 6 of this title
		A. Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both
		B. If a nonresidential and a residential use share off street parking, the parking requirement for the residential use may be reduced by 50 percent
		C. Applicants must provide a shared parking agreement executed by the parties establishing the shared parking spaces. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required by chapter 6 of this title
		D. Shared or leased parking may be located within 300 feet of the site
		E. Required accessible parking spaces (for persons with disabilities) may not be shared and must be located on site
Hours of operation		7:00 A.M. to 8:00 P.M. for nonresidential uses if within 100 feet of a residential use
Accessory buildings		Accessory buildings conforming to the definition in section 11-9-2 of this title are allowed subject to the standards set forth in section 11-3-2 of this title. Accessory buildings with footprints not exceeding 600 square feet must be set back a minimum of 6 feet from side and rear property lines that do not border a street, lake, any intermittent or perennial stream, or the front 1/2 of any adjoining lot. Setbacks for accessory buildings with footprints exceeding 600 square feet must be the same as those for the principal structure
Landscaping		See chapter 4 of this title (single-family and duplex uses exempted)

 

(Ord. 16-06, 3-7-2016; amd. Ord. 23-13, 8-21-2023)