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A. Purpose: The architectural design standards are based on a commitment to preserving the city's historic character and heritage through high quality design of new and significantly modified buildings. The purpose of this section is to inform property owners about the adopted design policies. Understanding these policies will help owners in making decisions about their buildings by focusing on the principles of urban design which promote an environment scaled to pedestrians, while maintaining cohesive neighborhood identity and respecting the unique qualities of Whitefish.
B. Scope: The architectural standards apply to construction of all new buildings, including residences constructed in a commercial district, except detached single-family and duplexes within the city’s zoning jurisdiction. In addition, with regard to all applicable buildings, any additions or exterior modifications or alterations will invoke compliance with the standards for altered components. The zoning administrator or designee may waive this requirement if it is determined that the modification is insignificant and inconsequential to the purpose and intent of the architectural standards. Finally, any resumption of use after abandonment will require compliance with the standards.
In cases where the city council has reviewed building design through the conditional use permit or planned unit development process, the city council is not the final architectural review approval, but an approval of the conceptual plans. Final architectural review is required prior to submitting a building permit application.
In any development containing more than one multi-family and/or townhouse structure, the architectural review committee must review building plans for such structures to assure that there is visual variety and distinctiveness of exterior appearance among multi-family structures in the same development. The objective of this provision is to avoid visual monotony among multi-family structures while encouraging a common, high quality design theme. If two (2) or more developments containing more than one triplex, four-plex, multi-family and/or townhouse structure occur in close proximity to one another, building plans will be reviewed for such structures to assure they are all substantially varied in exterior appearance from other residential structures in a neighboring development.
C. Applicability: The architectural design standards supplement the city's zoning regulations as a stand alone document. The city adopted the architectural design standards by ordinance as zoning regulations and have the same force and effect as all of the city's zoning regulations. A violation of the architectural design standards may be enforced pursuant to chapter 7 of this title. The standards contain both broader objectives and more specific architectural and lighting guidelines than the zoning regulations. This section creates the mechanism for adopting the architectural standards within the zoning jurisdiction.
Although the standards are more than merely advisory, they also allow room for consideration of design proposals not found within the standards. Each project is different. Therefore, some standards might be emphasized while others are deemphasized, but no standard will be overlooked.
The objective of the standards is to encourage quality building and development to enhance both the natural and built environments in Whitefish.
D. Architectural Review Committee: Provisions relating to the architectural review committee are provided for in title 2, chapter 10 of this code.
E. Contents Of Standards: See the architectural review standards document for the application procedures and appeals provisions.
1. The standards cover the following topics:
a. Site planning.
b. Landscaping.
c. Parking.
d. Lighting design.
e. Required architectural building design elements.
2. The standards break the city up into four (4) different zones with specific standards for each. The design standard zones are:
a. Resort community business district (Wisconsin Avenue and Highway 93 North).
b. Highway district (Highway 93 South and areas zoned industrial).
c. Old Town district: central, south, railway.
d. Residential district (except single family detached and duplex). (Ord. 09-13, 8-17-2009; Ord. 14-21, 1-5-2015; Ord. 23-14, 8-21-2023)
A. The operation of a bed and breakfast shall be limited to single-family houses. Preference is given to houses on, or eligible to be placed on, the national register of historic places.
B. Preference is given to bed and breakfast uses on collector and arterial streets.
C. The residential structure shall not be significantly modified to provide additional sleeping rooms or exhibit a nonresidential appearance.
D. Signage shall be architecturally compatible to the residence and shall not flash, rotate or blink.
E. A family or manager must be in permanent residence and maintain full use of the kitchen and at least one bedroom.
F. Sleeping quarters and breakfast facilities shall not be allowed in an accessory building.
G. Overnight lodgers shall not have direct access to cooking facilities although the permanent residents of the dwelling may provide breakfast service to the guests.
H. Use of the residential structure shall be limited to the exclusive use of the resident dwellers and their overnight guests. No other use such as a restaurant, bar, or other use which attracts nonboarding customers is permitted. No alcoholic beverages will be sold on the premises. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
A. Provide suitable ladder access to all occupiable areas and the roof, as approved by the fire marshal. The building shall be constructed of noncombustible materials, except for interior improvements. Install sprinklers to comply with NFPA13 standards, regardless of building square footage.
B. No portion of a building above thirty five feet (35') in height, or two (2) stories, whichever is less, shall be closer than twenty (20) horizontal feet from the street right of way, in order to mitigate the aesthetic impact of additional height from the street. (See diagram in section 11-8-1, appendix D of this title.)
C. The maximum diagonal horizontal dimension of any portion of a building in excess of thirty five feet (35') in height shall be one hundred twenty feet (120') measured to the outside of the building face, in order to limit excessive massiveness in taller buildings. A minimum separation of thirty feet (30') shall be maintained between those portions of structures exceeding thirty five feet (35') in height, except for uninhabited architectural extensions. (See diagram in section 11-8-1, appendix D of this title.) (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
Notes
| 1 | 1. See diagram in section 11-8-1, appendix D of this title. |
A caretaker's unit is a residential structure or portion of a structure intended for permanent occupancy by a manager, watchperson, family, property owner or employee for the purpose of security, oversight, convenience or caretaking of the use or activity being conducted. A caretaker's unit must comply with all of the following criteria:
A. The caretaker's unit be secondary or accessory in nature to the primary commercial use of the property.
B. The caretaker's unit be placed on the same lot as the commercial property or tied to it by deed restriction should the commercial property be on an adjacent lot.
C. The caretaker's unit shall not be sold off separately or severed from the commercial use of the property.
D. The caretaker's unit shall provide two (2) off street parking spaces and comply with the access, paving and parking requirements of the zone.
E. The caretaker's unit shall abide by all setback and height requirements of the zone.
F. Only one caretaker's unit per lot or commercial use. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
A. The city council may amend the zoning jurisdiction regulations and create within the WB-2 district a specific geographic area defined as casino overlay zone.
B. A new casino may only be located within a WB-2 district in a location specifically designated casino overlay zone on the official zoning jurisdiction map.
C. Those casinos that exist outside of a designated casino overlay zone shall be considered nonconforming and shall be regulated according to section 11-7-11 of this title. The addition of any gambling machines or gambling devices or increase in number of gambling machines or gambling devices shall be considered an expansion of use under subsection 11-7-11D of this title. (Ord. 00-06, 4-3-2000; amd. Ord. 05-25, 11-21-2005)
D. A nonprofit entity which holds appropriate state alcoholic beverage and gambling licenses and which is a legal nonconforming use not located within the casino overlay, as described in this section, may operate up to four (4) gambling machines subject to the following restrictions:
1. No signs or advertising of any type can be used to publicize the existence of gambling machines, gambling opportunities, or a casino; and
2. Use of gambling machines must be primarily by members of the nonprofit entity. (Ord. 06-06, 4-3-2006)
A "clear vision triangle", as defined in section 11-9-2 of this title, shall be maintained on the corners of all public and private property within the intersection of roadways or of a roadway and railroad. The clear vision area shall contain no trees, shrubs or other plantings, nor any fences, walls, signs or other temporary or permanent sight obstructions of any nature exceeding thirty inches (30") in height above the existing centerline elevation of the adjacent roadway, except that trees exceeding thirty inches (30") in height may be permitted if all branches and foliage be removed to a height of nine feet (9') above the existing centerline of the adjacent roadway. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
Daycare centers providing for sixteen (16) or more individuals shall:
A. Provide a suitable drop off and pick up facility. This shall be based on the maximum number of individuals cared for at a single time. There shall be twenty feet (20') of signed loading area for each eight (8) individuals.
B. Where outside play facilities are provided, there shall be maintained a six foot (6') sight obscuring fence around the play yard and the play yard should be situated on the rear one-half (½) of the site.
C. In all residential zones (WCR through WR-4) and resort zones (WRR-1 through WRB-2):
1. Existing residential structures shall not be significantly modified so as to exhibit a nonresidential appearance.
2. Signage shall be architecturally compatible to the primary building and shall not flash, rotate or blink.
3. Preference is given to daycare facilities located on collector or arterial streets. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005; Ord. 22-04, 3-21-2022)
When authorized as a use in the zoning district in which it is proposed to be located, a dwelling group may be developed subject to the issuance of a conditional use permit in accordance with the provisions of section 11-7-8 of this title and subject also to compliance with all of the following site requirement conditions:
A. The number of dwelling units permitted on the site shall be based upon the density limits of the zoning district.
B. The yard, height, lot coverage and area requirements of the district shall apply to the entire site.
C. No two (2) buildings containing dwelling units shall be closer together than twice the minimum side yard for the district.
D. A permanent open court shall be required adjoining the entire length of every building containing a dwelling unit. The court shall have a depth equal to the minimum front yard required in the district. In no case shall the minimum rear yard of the site be used to furnish the required court area.
E. Off street parking shall be provided in accordance with the parking and loading provisions of this title 1 . Where necessary to avoid congestion on abutting streets in a single-family district, the city council may require additional spaces for visitor parking.
F. A permanent ten foot (10') landscaped strip shall be maintained along the side and rear lot lines of the entire development. Such strips shall not be used as drives or for parking.
G. The location, size, nature and topography of the open space areas shall be suitable for use as common areas for park, recreational purposes and buffer areas between groups of homesites. Not more than fifty percent (50%) of the open space areas resulting from the clustering of dwellings shall have a slope in excess of twenty percent (20%).
H. Adequate provision shall be made for the perpetual maintenance of all open space areas by the inclusion of covenants running with the land in the deeds or other instruments of conveyance which delineate such open areas. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
Notes
| 1 | 1. See chapter 6 of this title. |
A. Fences: The following fence regulations shall apply to all districts except the WA zone:
1. No fence, hedge or freestanding wall (not supporting a building or structure) anywhere within or bounding the front yard shall exceed forty eight inches (48").
2. An ornamental entry may exceed the maximum height in subsection A1 of this section, when constructed at the entrance to a new subdivision, planned unit development or multi-family development. No such entry shall exceed more than thirty percent (30%) of the width of the parcel at the front lot line, interfere with any clear vision zones or exceed eighteen feet (18') in height.
3. No fence or freestanding wall within or bounding a rear or side yard from the point of the front setback line shall exceed a height of six and one-half feet (61/2').
4. Open wire fences exceeding the above height may be built around schools or other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.
5. Open wire fences exceeding the above height may be built around tennis courts and swimming pools at the discretion of the zoning administrator after giving consideration to location of planned courts or pool safety, and effects on the neighborhood.
6. Security fences are allowed in side and rear yards up to eight feet (8') in height when used to enclose commercial or industrial storage yards.
7. Barbed wire fences are allowed only in the WA, WCR and WSR zones. Furthermore, they may be allowed along the boundary of any district which directly abuts the side or rear of a WA, WCR or WSR Zone.
8. In the WCR through WR-1 Zones, usable pasture and the enclosing fence shall not be allowed in the front yard setback or closer than two feet (2') from a property line or ten feet (10') from a residential dwelling. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
B. Retaining Walls: Retaining walls help facilitate development of lots with steep terrain by leveling certain areas or inhibiting sloughing. Retaining walls can help reduce the steepness of slopes enabling the development of a lot. The purpose of these retaining wall standards is to ensure the natural topography is maintained to the greatest extent possible, that exceedingly tall walls are not constructed, that landscaping is implemented to mitigate the effects of terracing and that the scale and texture of the retaining wall complements the character of the neighborhood.
1. All retaining walls require a building permit unless clearly a wall installed for landscaping purposes.
2. Retaining walls must not exceed four feet (4') measured from adjacent finish grade on the downhill side. Where greater heights must occur, the project must use a series of terraced or stepped walls. The width of a retaining terrace must be no less than three feet (3') and must incorporate landscaping.
a. Retaining walls two feet (2') and under measured from the adjacent finish downhill grade have no setback requirement. Retaining walls above two feet (2') and up to four feet (4') in height measured from adjacent finish downhill grade must have a setback of at least six feet (6') from the property line. Retaining walls exceeding four feet (4') in height measured from adjacent finish downhill grade must meet required principal building setbacks for the zoning district.
b. Retaining walls necessary to accommodate minimum required off street parking or primary vehicle or pedestrian access to a building may be up to eight feet (8') in height from finished downhill grade. Such retaining walls are not subject to terracing but must meet all setback requirements based on wall height as noted above with the exception that retaining walls necessary for primary vehicle access or minimum required off street parking are not subject to front yard setback requirements.
c. Standard basement egress window wells are not considered retaining walls and are exempt from setback requirements if they are the minimum depth and width necessary to meet building codes.
3. If the retaining walls not located within required setbacks on a particular project are unable to meet the height limitations in subsection B2 of this section due to extreme topography or other unique land features, a proposal may be submitted to the Zoning Administrator for a waiver to these standards. Such a request must include the following information:
a. A grading plan;
b. A drainage plan;
c. Section drawings;
d. A landscaping plan;
e. An elevation showing the proposed materials; and
f. Any other items needed to show the full extent of the proposal, including a written explanation explaining the hardship and why a greater height is necessary.
4. Retaining walls in the lakeshore protection zone shall be exempt from these regulations and shall be regulated by the appropriate lake and lakeshore protection regulations. (Ord. 13-01, 1-22-2013; amd. Ord. 20-03, 3-16-2020; Ord. 23-03, 4-3-2023)
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