Whenever the following words or phrases appear in this title, they must be given meanings attributed to them by this section. When not inconsistent with the context, words used in the present tense include the future, the singular include the plural and the plural the singular, the word "must" is always mandatory, and the word "may" indicates a use of discretion in making a decision.
ADMINISTRATIVE PERMIT: A document issued by the administrator for such activities and projects, when constructed within the approved design guidelines, are deemed to have an insignificant impact on the lake and lakeshore per subsections 13-2-5B5 and B6 of this title.
ADMINISTRATOR: Administrator of the planning office for the governing body (Whitefish city council) which has jurisdiction over that portion of the lakeshore for which the permit application is made.
APPLICANT: The person or persons making applications to the city or city council for a permit. On a permit in which a letter of authorization is provided to allow a contractor or other individual to act on behalf of the property owner, both the property owner and other individual or contractor will be considered to be the applicant.
BIOENGINEERING: See Natural Shoreline Restoration.
BOAT RAIL SYSTEM: A facility consisting of tracks extending from or across the lakeshore protection zone into the lake which is designed to facilitate launching or retrieving boats.
BOAT RAMP: A facility consisting of a pad extending from or across the lakeshore protection zone into the lake which is designed to facilitate launching or retrieving boats.
BOAT SHELTER: A permanent structure which provides shelter for boats and which has not more than ten percent (10%) of any side or end wall area enclosed. A breakwater adjoining a shelter is not considered a part of a wall.
BOATHOUSE: A permanent structure which provides housing and shelter for boats and which has more than ten percent (10%) of any side or end wall area enclosed.
BUILDING: A structure having a roof supported on columns or walls for storage, shelter, support or enclosure of persons, animals or chattels.
BUOY: A float moored to the bottom, used to moor boats, mark channels, etc.
CITY LIMITS: The city limits of Whitefish include all properties annexed into the city limits as well as the entirety of Whitefish Lake to the low water elevation of 2996.44.
CONSTRUCTED AREA: That portion of the lake and lakeshore protection zone covered by any constructed structure such as a dock, deck, walkway, patio, boathouse, boat shelter, water trampolines, shore station cover, floating boat lift or floating personal watercraft docking station or covered by any nonnative material or substance that would not naturally occur, such as concrete, asphalt, or dry laid stone.
DOCK: A platform, either non-floating or floating, which extends into, over or across the water to provide for boat moorage, access to a moorage area, swimming facilities or other related activities.
DOCK LENGTH: The total length of the dock including any access gangways (see Figure 2 of this section).
DOCK WING: That portion of a dock and deck which lies generally parallel to the shoreline with its main function as a wave break or to provide a boat slip or sheltered area as opposed to primarily provide access out to deep water (see Figure 2 of this section).
DREDGING: The process of excavating material from the lake bottom and thereby increasing the depth of a portion of the lake bottom. The term includes the process of extending the lake area landward by excavating material from the lakeshore protection zone and thereby lowering the elevation of that portion of that zone.
DWELLING UNIT: All permanent, semipermanent and temporary buildings, guest quarters, cabins, apartments, mobile homes, campers, trailers, motor homes or similar facilities, including appurtenant structures, which provide sleeping and/or cooking facilities.
DYNAMIC GRAVEL BEACH: The addition or re-introduction of prescriptive substrate including sand and/or gravel to a shoreline beach and its underwater extension to engineer a wave break that adjusts to storm waves and restores lake ecology and naturally dissipates wave action. Also known as a dynamic equilibrium beach.
ENVIRONMENTAL IMPACT ASSESSMENT: A written analysis by a certified environmental professional of the potential environmental consequences of a project on water quality, habitat, navigation and recreation, public safety, scenic values of predominant landscape elements, and alterations of shoreline characteristics.
FAIR MARKET VALUE: The price that a willing purchaser would pay a willing seller, assuming that both parties are well informed and well advised, and neither is under a particular compulsion to buy or sell.
FILLING: The process of discharging material onto a lake bottom and thereby raising the elevation of a portion of the lake bottom including the elimination of an aquatic environment or a wetland environment by extending the dry land area into such aquatic or wetland area. This term includes the process of discharging material onto the lakeshore protection zone and thereby raising the elevation of that portion of that zone.
FLOATING BOAT LIFT: A single or multisectional, self-floating system designed to support a boat or personal watercraft.
GOVERNING BODY: The Whitefish city council.
GRAVEL WAVE BREAK: The addition or re-introduction of prescriptive substrate offshore to create a shoal to naturally dissipate wave action as part of a dynamic gravel beach.
HABITAT ENHANCEMENT: Strengthening ecosystem integrity of the shoreline by re-establishing or improving habitat for native aquatic plants and macroinvertebrates including aquatic insects and fish.
HAND TOOLS: For the purpose of routine or seasonal work on a nonconforming structure (see definition of Maintenance), hand tools would generally include implements that can be readily carried and operated by a single person, including power tools that operate with a battery, electricity or gasoline/diesel fuel.
HOUSEBOAT: Any boat or vessel which is designed or used primarily for living or as a house, domicile or dwelling rather than for water transport or recreational purposes.
IMPERVIOUS: Not permeable, impenetrable by water.
IMPROVEMENT: An addition made to property (real estate) or a change in its condition which is intended to enhance its value, aesthetics, utility, or to adapt it for new or further purposes.
LAGOONS: An artificial boat harbor created by excavating the shoreline, removing earth material and thereby extending an aquatic environment into a dry land area.
LAKE: A body of standing water, and the area within its lakeshore, occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least twenty (20) acres for at least six (6) months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes and navigable by canoes and small boats.
LAKE FRONTAGE: For the purpose of administering these regulations, lake frontage is based on the linear feet of lake frontage of the lot or tract to be developed as well as any adjoining undeveloped lots under the same ownership. "Common waterfront property ownership" is defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity. Lake frontage is determined from records at the Flathead County assessor's office, subdivision plats, certificates of survey, or may be measured as a straight line between two (2) lot lines at the point where mean annual high water intersects each lot line.
LAKESHORE PROTECTION ZONE: The lake, lake bed and the land area which is within twenty (20) horizontal feet of the parameter of the lake and adjacent wetlands when the lake is at the mean annual high water elevation (see Figure 1 above).
MAINTENANCE: Routine or seasonal work or upkeep involving tightening, adjusting or minor replacement of boards, shingles, broken windows, cleanup of debris such as branches and leaves, restacking fallen rock, or similar activities that do not require a building permit. Painting or staining is allowed only on nonconforming structures built prior to 1978 and located landward of the mean high water line. Routine maintenance only requires hand tools. Any dredging, filling or excavation is not considered maintenance, nor is replacement or changes to structural, weight bearing, or foundation components or adding improvements not previously present on structure.
MARINA, PRIVATE: A marina facility which serves the needs of a homeowners' association, private housing development, resort facility, or other limited group, and provides overnight dockage or moorage.
MARINA, PUBLIC: A marina facility which provides boat slips and/or services, without restriction, to the general public.
MEAN ANNUAL HIGH WATER ELEVATION: The mean average of the highest elevation of a lake of at least five (5) consecutive years, excluding any high levels caused by erratic or unusual weather or hydrologic conditions. A highest elevation caused by operation of a dam or other impoundment counts toward the establishment of the mean annual high water elevation. For the purpose of these regulations, the mean annual high water elevation for Whitefish Lake has been established at three thousand and seventy nine hundredths feet (3,000.79') msl (NAVD 1988), which is equivalent to two thousand nine hundred ninety seven feet (2,997.00') msl (NGVD 1929). The mean annual high water elevation on Lost Loon Lake is three thousand one hundred four feet (3,104') msl (NAVD 1988), which is equivalent to three thousand one hundred and twenty one hundredths feet (3,100.21') msl (NGVD 1929).
MEAN ANNUAL LOW WATER ELEVATION: For the purpose of these regulations, the mean annual low water elevation for Whitefish Lake has been established at two thousand nine hundred and ninety-six and forty-four hundredths feet (2996.44') msl (NAVD 1988), anything below which is within Whitefish city limits and under the city's jurisdiction.
NATURAL SHORELINE RESTORATION OR BIOENGINEERING: Using natural materials to restore and create living shorelines utilizing fiber coir logs, sills, groins, live staking, encapsulated soil lifts, breakwaters, or other natural components in combination with gravel and other natural substrate materials and/or native vegetation to protect, restore, enhance, or create natural shoreline habitat.
NATIVE PLANTS: A terrestrial plant species that has persisted within one hundred feet (100') of mean high water along lakes in Northwest Montana prior to influence by humans. A resource file on native plants is available from the planning office.
NON-CONFORMING STRUCTURE: For the purposes of these regulations, a non-conforming or grandfathered structure is a structure built and installed prior to the original adoption of these lakeshore regulations in 1976, or was legal prior to any later amendments to these regulations that subsequently made the structure non-conforming.
QUALIFIED PROFESSIONAL, BEACH DESIGN: A person with professional experience and training as a scientific expert in the design and engineering of dynamic gravel beaches to restore lake ecology and naturally dissipate wave action, including licensed engineers and landscape architects.
PERMIT: A document issued city staff or the city council verifying compliance with the requirements and provisions of these requirements.
PERSON: Any individual, firm, corporation, partnership, institution or entity; the state and its departments and any political subdivision of the state.
PLANNING BOARD: The Whitefish community development board.
PRESCRIPTIVE SUBSTRATE: Appropriately sized substrate such as rocks, gravel and/or sand as identified by a qualified professional to successfully implement a dynamic gravel beach, gravel wave break, or other gravel application.
REAL VALUE: For the purpose of maintenance and/or repair of a nonconforming structure, the real value must be determined to be the fair market value of the structure in its existing condition as determined by a certified property appraiser or tax assessor, exclusive of foundation or location, prior to any changes or damage.
RECONSTRUCTION: To rebuild an existing structure such that at the time of reconstruction in excess of fifty percent (50%) of the real value of the facility, excluding foundation, is replaced. Reconstruction of a nonconforming structure is prohibited. See definitions of Maintenance and Repair.
REPAIR: To restore an existing facility to sound condition by replacing component parts of the facility and maintaining the exact design, size and configuration as was original prior to repair. All repair materials must conform with subsection 13-3-1A, "Construction Materials", of this title.
RETAINING WALL: Any structure built essentially parallel and contiguous to the shoreline of a lake which is designed to protect the landmass inland from the structure, from erosion or wave action and protect the lake from siltation. Retaining walls can disperse active shoreline erosion onto adjacent property and impact lake ecology.
RIPARIAN BOUNDARY: A projection of the side property lines from their point of intersection with the perimeter of the lake at its mean annual high water elevations, lakeward at right angles to the natural shoreline. Where a structure has been built into the lake and the structure has caused the buildup of an artificial shoreline, the artificial shoreline cannot be utilized to establish the riparian boundary (see Figure 3 of this section).
RIPRAP: A layer, facing, or protective mound of stones, or rock or other materials randomly placed to prevent erosion, scour or sloughing of a structure or embankment. The placement of riprap can disperse active shoreline erosion onto adjacent properties and impact lake ecology. Riprap is limited to areas where active shoreline erosion is clearly present and requires a variance.
RIPRAP, VEGETATED: A rock and roots approach to reinforcement against ice and wave action where natural looking rocks are typically set at a 2:1 (two feet horizontal, one foot vertical) slope and vegetation such as live dormant cuttings are placed among rocks and at the top of bank, with biodegradable filter fabric and a layer of clean washed crushed gravel placed behind the rock to help prevent further loss of sediment from a bank. Also known as vegetated rock revetment.
SEWAGE PUMPOUT FACILITY: A facility specifically provided to pump out and receive the contents of holding tanks onboard boats, with "holding tanks" understood to mean any retention system on a boat which is designed to hold sewage and which must be emptied from time to time.
SHORE STATION: A seasonal, portable, metal or wood frame carriage which is designed to hoist boats or personal watercraft from the water and to store boats or personal watercraft over the water or on the lakeshore.
SIDE WALL AREA (OF A DOCK): The side wall of that portion of a dock which is generally perpendicular to the shoreline.
SOFT STRUCTURE ARMORING: Using live native plants, logs, root wads, vegetative mats, and other methods to protect shorelines while creating habitat and eliminating or reducing the need for hard armoring with riprap, stone blocks, sheet-pile, or other hard structures and materials.
STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and either attached to or supported by the ground or floating on the water (e.g., dock, buoys, etc.).
SWIMMING DOCK: A type of dock which does not abut the shoreline or extend above the water to the shoreline, used typically for swimming and related activities (see definition of Dock).
WATER DEPTH PROFILE: A profile drawing done by a dock installer or other professional that accurately measures the water depth perpendicular from the center of a lakefront property every ten feet (10') at sixty feet (60') from shore out to one hundred feet (100') from shore measured at low water between August 15 and April 15.
WETLANDS: Water-land interface areas which are inundated or saturated by surface and/or ground waters at a frequency and duration of time periods sufficient to establish and, under natural conditions, support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, bogs and similar areas. Wetland areas may be separated from the main body of water by manmade barriers or natural berms. The water elevation of a wetland area is related to the elevation of the lake water.
WORK: Activity that changes the condition of the lakeshore protection zone or structures within the lakeshore protection zone.
(Ord. 09-08, 7-20-2009; amd. Ord. 15-09, 6-1-2015; amd. Ord. 23-30, 1-2-2024)