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Marijuana sales, manufacturing, testing, and cultivation facilities, as allowed and defined under Montana State law, must comply with the following standards:
A. All permitted or conditionally permitted marijuana facilities must be sited and operated in full compliance with Montana law as well as all zoning and building code requirements, parking standards, and any conditions of approval. Marijuana facilities may not be operated as a home occupation.
B. No marijuana facility is permitted from locales within 500' of a building used exclusively as a church or public school. This distance must be measured in a straight line from the center of the nearest public entrance of the place of worship or school to the nearest public entrance of the marijuana facility. A lawfully operating facility shall not be rendered in violation of these provisions by the subsequent location of a church or public school or by amendments to this ordinance. Additionally, no marijuana facility shall be located on Spokane Avenue between Railway Street and East Second Street.
C. No marijuana dispensary may be located within 500' of another marijuana dispensary. This distance must be measured in a straight line from the center of the nearest public entrances.
D. Marijuana facilities must have a building façade that visually blends in with the design, style, and appearance of adjacent storefronts, including signage, security measures, and lighting, and must be reviewed and approved by the Architectural Review Committee when required.
E. Window signs on marijuana dispensaries are limited to a maximum window sign coverage of 20% of the window area, and otherwise no window shall be covered or made opaque in any way. No security bars, metal screens, grates, or other visible security devices other than door locks and recessed or otherwise discrete security cameras are permitted on the storefront exterior unless required by State law.
F. If the applicant is not the property owner, a notarized authorization executed by the property owner authorizing and consenting to the proposed use of the property as a marijuana facility is required.
G. With the exception of State licensed outdoor cultivation allowed where agricultural uses are permitted, marijuana cultivation must be located within one or more completely enclosed, secure buildings with rigid walls, a roof, and secure doors.
H. Marijuana facilities must at all times be operated in such a way as to ensure the health, safety, and welfare of the public and workers. Marijuana facilities must not create a public nuisance or adversely affect the health or safety of the nearby residents, businesses, or its employees by creating dust, glare, light pollution, heat, noise, noxious gasses, odor, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, and runoff of water, pesticides or wastes.
I. Marijuana cultivation, manufacturing, and testing facilities must be sited and operated in a manner that prevents marijuana odors from being detected offsite. A sufficient odor absorbing ventilation and exhaust system utilizing negative pressure inside the building must be used so odor generated distinctive to its operation cannot be detected outside the facility or anywhere on adjacent property or public rights-way, nor in interior common area walkways, hallways, foyers, lobby areas or other areas available for use by common tenants or the visiting public. An odor control plan must be submitted as part of any permit application.
J. All marijuana facilities must have sufficient security systems, including surveillance cameras, alarm systems on doors and windows, deadbolt locked exterior doors, and safes to store cash and retail marijuana products when closed.
K. Marijuana remnants and byproducts must be secured and properly disposed of and not be placed within the facility's exterior refuse containers at any business operating pursuant to this section unless rendered unusable. Outdoor storage of marijuana merchandise, raw materials, or other marijuana materials associated with the production of marijuana is prohibited.
L. All signage must meet state licensing requirements as well as the Sign Regulations found in section 11-5 of this Ordinance. (Ord. 12-07, 4-16-2012; amd. Ord. 21-17, 12-6-2021; Ord. 22-17, 12-19-2022; Ord. 23-12, 8-7-2023)
Certain zoning districts such as the WB-3, Resort Residential and Resort Business Districts permit paid short term residential rental accommodation within a legal residential unit. These standards do not apply to bed and breakfasts, hostels, hotels or motels. Short-term rentals are not compatible with other residential areas as there are potential traffic and noise impacts, as well as the diminished availability of long term rental and affordable housing units.
A. Performance Standards:
1. Short-term rentals. Short term rentals, as defined in section 11-9-2 of this title, are allowed in applicable zoning districts provided the following criteria are met. Property owners of each rented unit must:
a. Hold a valid short term rental registration and business license with the City of Whitefish;
b. Conform to the land use provisions of this title and other applicable regulations;
c. Not exceed the allowable dwelling unit density of the underlying zoning district;
d. Meet the standards for off street parking found in chapter 6 of this title;
e. Be inspected by the Fire Marshal to ensure it meets current safety standards once the application is deemed complete and annually thereafter;
f. Provide proof of application for a State of Montana public accommodation license for a tourist home. This license is administered by the Flathead City-County Health Department;
g. Report and remit Resort Tax in conformance with the Resort Tax requirements of title 3, chapter 3, "Resort Tax", of this Code;
h. Provide a name and phone number of a local contact person responsible for handling any problems that may arise with the property, if not a full-time resident;
i. Post an emergency contact notice visible from outside the front door with the owner's name and phone number (or local contact if absentee per subsection A8 A-1-h of this section) and the property's City of Whitefish shortterm rental registration number;
j. Keep the property and buildings maintained and continue to provide trash collection services with approved animal resistant containers if determined by the city to be available;
k. Not display any outside signage advertising the short term rental;
l. Provide verification the property is appropriately registered and meets requirements for State Bed Tax purposes; and
m. The City's short term rental registration number, and hosting site property ID must be listed on any print, internet site, or other medium where the short term rental is marketed or booked.
B. Violations: A violation of any of the performance standards in subsection A of this section, as well as repeated citations of disturbing the peace related to the property may result in suspension and possible revocation of the business license and short term rental registration, as well as possible enforcement action as outlined in this subsection. Operating a short term rental outside of an allowed district or without meeting all the standards listed above is a violation of this Code and shall be deemed a misdemeanor and, upon conviction, punished as set forth in section 1-4-1 of this Code. Operating a short-term rental outside of an allowed district or without meeting all the standards listed above shall also be deemed a municipal infraction and subject to a three hundred dollars ($300) fine for the first violation and a five hundred dollars ($500) fine for each subsequent violation. Each day that a violation remains shall constitute a separate violation. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction or vice versa. Advertising the availability of a short term rental unit that is either not in compliance with these standards or is outside one of the zoning districts that permit short term rentals shall be evidence of a violation and may incur enforcement remedies against the property owner, property manager, and/or listing agent. Advertising creates the following presumptions:
1. That the property owner, property manager, and/or listing agent knew the standards and zoning; and
2. That the operator or manager knew the duty to collect, report, and remit Resort Taxes due under title 3, chapter 3 of this Code.
The city will also notify the Flathead County Health Department and State of Montana regarding any illegal rentals. This section does not prohibit the city from seeking any available remedy in law or equity to enforce the standards set forth herein. (Ord. 18-06, 2-20-2018; amd. Ord. 21-20, 1-3-2022; Ord. 22-05, 4-4-2022)
A. Lot Requirements:
1. All lots for manufactured home spaces in a manufactured home park shall meet the following requirements:
a. Manufactured home lots shall be arranged to permit the safe and practical placement and removal of manufactured homes.
b. The minimum lot width shall not be less than fifty feet (50').
B. Minimum Standards:
1. Setbacks From Boundaries: All manufactured homes shall be located at least twenty five feet (25') from any property boundary line abutting upon a public street or highway right-of- way and at least fifteen feet (15') from the other outer boundaries of the park.
2. Setbacks From Streets: All buildings, structures and manufactured homes shall be located at least ten feet (10') from the street providing access to it.
3. Distance Between Manufactured Homes: Neither manufactured home nor its attached structures, such as awnings or carports, shall be located within twenty feet (20') of any other manufactured home or its attached structures.
4. Detached Accessory Structures: No detached structure, such as a storage shed, shall be located within five feet (5') of any manufactured home or its attached structures.
5. Lot Coverage: A manufactured home shall not occupy more than one-third (1/3) of the lot area. The total area occupied by a manufactured home and its roofed accessory buildings and structures shall not exceed two-thirds (2/3) of the area of the lot.
6. Parking Spaces Required: A minimum of two (2) parking spaces shall be provided for each manufactured home lot. In addition, guest parking at the ratio of one space for each five (5) lots and vehicle storage parking at the ratio of one space per each ten (10) lots shall be provided. Parking dimensions shall meet the zoning standards for parking.
C. Marking Of Manufactured Home Lots: The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means. Location of lot limits on the ground shall be the same as shown on the approved plans.
D. Manufactured Homes To Be Skirted: Each manufactured home shall be skirted within sixty (60) days after it is moved upon a lot within the manufactured home park. Said skirting shall be of a fire resistant material complementary to that of which the manufactured home exterior is constructed and shall be attached to the manufactured home.
E. Electrical Systems: All electrical lines serving the subdivision shall be buried underground and shall be designed and constructed in accordance to the most recent edition of the national electrical code.
F. Oil Or Propane Gas Heating: Where oil or propane gas heating of a manufactured home is necessary, a fuel storage facility shall be provided on the manufactured home site not to exceed a three hundred (300) gallon capacity. Said storage facility shall extend no higher than six feet (6') above ground level and shall be located and screened so it will blend with its surroundings.
G. Gas Systems: All gas systems serving the subdivision shall be designed and constructed in accordance to the most recent edition of the national fuel gas code, the standard for the storage and handling of liquefied petroleum gases and the fire code.
1. A readily accessible and identifiable shutoff valve controlling the flow of gas to the entire gas piping system shall be installed near the point of connection of the liquefied petroleum gas container.
2. Each manufactured home lot shall have an accessible, listed gas shutoff installed. Said valve shall not be located under a manufactured home. Whenever a manufactured home lot outlet is not in use, the shutoff valve shall be plugged to prevent accidental discharge. (Ord. 13-06, 10-7-2013)
The provisions of this chapter shall apply to recreational vehicle parks and campgrounds, except as follows:
A. Roadway Width: The following standards shall govern the roadway widths:
1. A minimum ten foot (10') roadway width shall be provided for one-way streets or roads within the park/campground, provided such street:
a. Does not exceed five hundred feet (500') in length;
b. Has no on street parking;
c. Serves twenty five (25) or less spaces.
2. Otherwise the following shall apply:
a. Twenty feet (20') if no on street parking is proposed;
b. Twenty eight feet (28') if parking is proposed on one side of the street;
c. Thirty six feet (36') if parking is proposed on both sides of the street;
d. Minimum centerline curvature radius of forty five feet (45').
B. Recreational Vehicle Space: The lots or recreational vehicle spaces shall meet the following standards:
1. Minimum lot (space) width: Twenty five feet (25').
2. Minimum lot (space) area: One thousand five hundred (1,500) square feet.
C. Distance Between Recreational Vehicles: The distance between the recreational vehicles shall not be less than fifteen feet (15'). This includes any foldout or pop out portion or awnings attached to the vehicle. (Ord. 13-06, 10-7-2013)
A. Airports, landing strips, heliports and helipads have unique land use impacts and must be consistent with public interest and safety. Such facilities must meet applicable safety standards of the federal aviation administration, state safety standards, and fire suppression and safety standards of the fire marshal. Heliport and helipad use permits shall not be assignable or transferable and terminate after one hundred eighty (180) days of nonuse.
B. Public and private airports, heliports, and helipads must be a minimum of three hundred feet (300') from adjacent properties.
C. Helipads for emergency vehicles such as air ambulances are exempt from permitting but shall comply with a fifty foot (50') setback from all property lines.
D. All takeoff, landing, and parking areas for manned helicopters must be surfaced with a dustproof material.
E. Manned helicopters are strictly prohibited from landing or taking off in areas outside of approved helipads or heliports, except for emergencies. (Ord. 14-14, 12-1-2014)
A. Hours of operation for activities or services open to the public shall be limited to eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M.
B. Uses that create excessive, objectionable byproducts such as dirt, glare, heat, odor, smoke, waste material, dust, gas, atmospheric pollutants, noise or that have the potential for increased danger to life and property by reason of fire, explosion or other physical hazards are prohibited.
C. Shipping and receiving shall be limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. except for rail related shipments.
D. All outdoor storage shall be enclosed and screened from adjacent properties and public streets.
E. All outdoor seating and outdoor display shall be screened from adjacent residential uses by fencing or landscaping.
F. All outdoor lighting shall be compliant with section 11-3-25, "Outdoor Lighting Standards", of this chapter.
G. No more than forty percent (40%) of gross floor area shall be used for retail sales, no more than forty nine percent (49%) of the gross floor area shall be used for food and beverage consumption (outdoor seating areas not included in calculation).
H. With the exception of minor accessory items directly related to the use of the primary product (i.e., paddles or life preservers at a paddleboard manufacturer) only items manufactured or assembled on site may be sold on the premises. (Ord. 16-06, 3-7-2016)
A. Hours of operation and maximum servings shall be in accordance with state law.
B. With the exception of pallets and kegs screened by a site obscuring fence, outdoor storage is prohibited.
C. A grain silo may be permitted to be located outside the building where the beverages are manufactured. It may not be located in any required parking space or accessway. One sign may be permitted on the grain silo with a maximum size of twelve (12) square feet in addition to any other allowable signs permitted at the site.
D. Shipping and receiving is limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. when the facility is located within five hundred feet (500') of any residential or institutional use.
E. Outdoor seating areas shall be fenced around the perimeter. (Ord. 16-06, 3-7-2016)
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