Strip zoning, 'doughnut' decisions loom in Whitefish

The city of Whitefish has a cornucopia of major issues to deal with tonight, including decisions on the two-mile planning “doughnut” and a related lawsuit, U.S. 93 strip zoning and vendor permit fee changes.

Strip zoning and the doughnut dilemma have been recurring themes for the council, but it’s possible both issues finally will be decided.

The council is resurrecting an earlier proposal to adopt a zoning text amendment to allow additional permitted uses in the secondary business district that encompasses the U.S. 93 corridor from Sixth Street to Montana 40.

The council tabled the matter several months ago and gave the planning staff direction to bring back a revised version.

Code amendments forwarded by the Planning Board attempt to rectify unclear or archaic language. The draft also includes several uses that have been allowed over the years that aren’t specifically listed, in an attempt to close up a loophole in the permitting system, City Manager Chuck Stearns said in his council report.

“The primary motivation in attempting to do [this] is that denying future businesses the right to operate when past similar uses have been allowed may create problems which may compromise future enforcement,” Stearns said.

A public hearing will be held on the proposed strip zoning amendments.

Also up for another public hearing is the proposed agreement over control of the two-mile planning doughnut. The council tabled a vote after a hearing on Nov. 1 to give the City Attorney time to add language summarizing the dismissal of the city’s lawsuit as the consideration for the city’s agreement to amend the interlocal agreement for a third time.

Stearns said the city anticipates the county will approve the same restatement of interlocal agreement at its Nov. 16 meeting.

The city and county have been working toward resolution of the doughnut planning control issue for most of the year. Still in the review mode is a memorandum of understanding that will spell out how the city and county will communicate about land-use decisions that affect property owners in the doughnut area.

The city sued the county two years ago after the county rescinded its interlocal agreement with Whitefish, claiming county residents had no representation when city laws such as the critical-areas ordinance extend to the doughnut. Tonight, the council will vote on a proposed resolution that will ask the District Court to dismiss the lawsuit.

FOOD VENDOR permit fees are among a list of items the city staff has requested be revised. The fees for commercial 30-day trial and 90-day permits would increase from currently no fee to $150. An additional 90-day permit will cost $100. Permits for nonprofits would decrease from $200 to $150.

Floodplain development permits would double, from $100 to $200.

Also under consideration is an ordinance amending city laws related to business licenses. The city’s licensing provisions haven’t been updated since 1982, but recently it became apparent that requiring a site-specific business license could help the city’s zoning compliance process.

Public hearings will be held on both the permit fee proposal and the proposed business license ordinance.

The meeting begins at 7:10 p.m. at Whitefish City Hall.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com