REESE CREEK ZONING DISTRICT REGULATIONS AND MAP

Transcription

1 REESE CREEK ZONING DISTRICT REGULATIONS AND MAP Adopted June 21, 2006 Amended December 3, 2013

2 TABLE OF CONTENTS PAGE TABLE OF CONTENTS GENERAL PROVISIONS Title, Creation and Adoption Application of District Regulations Intent and Purpose Invalidation and Severability ZONING DISTRICT PROVISIONS Rural Residential District (RR-40) Agricultural and Rural Residential District (AR-80) Rural Residential and Wildlife Corridor District (RW-160) Neighborhood Business (NB) Public Lands (PL) GENERAL BUILDING AND DEVELOPMENT STANDARDS General Building and Development Standards SPECIAL PROVISIONS Additional Development Rights for Cluster Subdivision Provision Transfer of Development Rights Option ADMINISTRATIVE PROVISIONS Administration Non-Conforming Lots, Uses and Structures Land Use Permits Conditional Use Permits (CUP) Natural Resources Conditional Use Permit Variances Amendments Appeals Process Complaints and Enforcement DEFINITIONS AND GLOSSARY MAP APPENDIX 87 A Fire Protection Guidelines 87 B Ordinance to Control Community Decay 94 C Proposed TDR and Replacement Section Reese Creek Zoning District Regulations and Map 1

3 1.00 GENERAL PROVISIONS 1.01 Title, Creation and Adoption These Regulations shall be known as the Reese Creek Zoning District Regulations. It is adopted for the Reese Creek Zoning District, which was adopted on June 21, These Regulations are adopted pursuant to Montana Code Annotated (MCA) et. seq., in accordance with the Gallatin County Growth Policy (Growth Policy) Copies of these Regulations and Zoning Map are on file for public inspection with the Office of the Gallatin County Clerk and Recorder and the Gallatin County Planning Department (Planning Department). Reese Creek Zoning District Regulations and Map 2

4 ADOPTION The Board of County Commission of Gallatin County adopted the Reese Creek Zoning District Regulations on June 21, GALLATIN COUNTY COMMISSION John Vincent, Chair William A. Murdock, Member Joe Skinner, Member ATTEST: Shelley Vance, Gallatin County Clerk and Recorder Reese Creek Zoning District Regulations and Map 3

5 1.02 Application of District Regulations Application. The requirements established by these Regulations are minimum regulations and apply uniformly to each class or kind of structure or land throughout the District. Regulation provisions shall be held to the minimum that protects and promotes the public health, safety and general welfare of the District. These Regulations includes a grandfather clause in accordance with MCA , which allows existing non-conforming lots, structures, uses of land, and other characteristics which would otherwise be restricted or regulated under the terms of these Regulations, to continue as non-conforming. Non-conforming uses cannot be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited in the same District. Property owners of legally existing non-conforming structures may apply for a Conditional Use Permit (CUP, Section 5.04) to change, alter, enlarge, or expand the non-conforming uses pursuant to Section Zoning Regulation Conformance. All new construction is potentially subject to the provisions of these Regulations. Property owners are responsible for ensuring all activity within District boundaries conforms to these Regulations Exception. Under certain circumstances, the Zoning Enforcement Agent may exempt public utility pipelines, wells, or structures necessary for provision of services required for public health and safety, from provisions of these Regulations Vesting. An application made within the District is subject to the regulations in effect at that time Contradictions. If the requirements of these Regulations conflict with the requirements of any other lawfully adopted rules, regulations or covenants, the most restrictive (or higher standard) shall govern Interpretations. The Zoning Enforcement Agent, Code Compliance Specialist, Gallatin County Planning Board (Planning Board) and the Board of County Commission of Gallatin County (County Commission) can make official interpretations of the Reese Creek Zoning District zoning regulations, boundaries, and map. If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the County Commission shall determine the appropriate classification of that use. In interpreting a use classification, the County Commission shall consider the matter in an office meeting and determine that the use: 1. Is compatible with the uses permitted in the District. 2. Is similar to one or more uses permitted in the District. 3. Will not adversely affect property in the neighborhood or the District. 4. Will not abrogate the intent of the Growth Policy or these Regulations. Reese Creek Zoning District Regulations and Map 4

6 Natural Resources. These Regulations do not prevent the complete use, development, or recovery of any mineral (including an operation that mines sand and gravel or mixes concrete or batches asphalt), forest, or agricultural resource (MCA ). Reese Creek Zoning District Regulations and Map 5

7 1.03 Intent and Purpose These Regulations have been made in accordance with the Growth Policy for the purpose of promoting the public health, safety, and general welfare. Additionally, in accordance with MCA , these Regulations are designed to: 1. Lessen congestion on the roads. 2. Secure safety from fire, panic, and other dangers. 3. Provide adequate air and light. 4. Prevent overcrowding of land. 5. Avoid undue concentration of population. 6. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. 7. Give reasonable consideration to the character of the District and its peculiar suitability for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land Additional purposes of these Regulations derived from Reese Creek property owners attending public visioning meetings in 2004, include the following: 1. Be proactive rather than reactive. 2. Preserve private property values and rights, including the ability to divide and sell private properties. 3. Recognize and provide protection for the unique concerns, requirements and advantages of supporting agriculture in our community. 4. Prevent overcrowding and undue population density. 5. Conserve and protect wildlife habitat. 6. Ensure high water quality and quantity standard. 7. Preserve scenic resources, views and provide adequate open space. 8. Prevent the spread of noxious weeds. 9. Address commercial development and its attendant traffic, noise, waste production, light emission and water resource consumption. 10. Preserve scenic night skies by controlling the use of exterior lights. 11. Maintain community diversity by planning for a variety of lot sizes. Reese Creek Zoning District Regulations and Map 6

8 12. Encourage careful consideration of lot size restrictions, cluster development, TDR's and other planning and zoning tools as a primary method of achieving the above stated purposes. 13. Acknowledgement that agricultural operation may be a nuisance. Much of the property within the Reese Creek Zoning District is used for agricultural production (as defined in MCA ). Owners, residents and other users of adjacent property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, smoke, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Reese Creek Zoning District Regulations and Map 7

9 1.04 Invalidation and Severability If any section, subsection, subdivision, sentence, clause, paragraph, or phrase of these Regulations, or any attachments hereto, is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of these Regulations to render the same operative and reasonably effective for carrying out the main purpose and intention of these Regulations. Reese Creek Zoning District Regulations and Map 8

10 2.00 ZONING DISTRICT PROVISIONS 2.01 Rural Residential District, One Dwelling per 40 Acres (RR-40) Intent. The intent of this District is to: Preserve scenic resources, views and provide adequate open space. Conserve and protect agricultural lands and agricultural livelihood. Conserve and protect wildlife habitat. Ensure high water quality and quantity standard. Preserve the rural residential character. Allow for development compatible to agriculture and rural residential uses. Promote public health, safety and general welfare Tracts of Record. All legal tracts of land on record with the Office of the Clerk and Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses by right (principal uses) and conditional uses of the RR-40 District designation with an approved Conditional Use Permit (CUP) Uses By Right/ Principal Uses 1. Agriculture 2. Dwelling (Single-Family) 3. Accessory Dwelling 4. Accessory Structure 5. Excavation for Personal Use 6. Home Occupation 7. Greenhouse, up to 1500 square feet (building footprint) 8. Equestrian Facilities, Personal 9. Power Plant, Personal Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of Section 5.04) 1. Bed and Breakfast 2. Day Care Home (Family) 3. Greenhouse, larger than 1500 square feet (building footprint) 4. Home Based Business 5. Auto Repair, Minor (a business operation) 6. Places of Worship 7. Non-agriculture structures over 32 feet and not within a naturally wooded area 8. Power Plant, Commercial, (Wind, Solar, and Hydro Energy Generation) 9. Accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint). 10. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the number of guestrooms up to the regulation limit. Reese Creek Zoning District Regulations and Map 9

11 11. Expansion or enlargement of an existing legal non-conforming structure. 12. Essential Services (Type I and Type II) Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP according to the provisions of Section Natural resource development and mining uses Development Density for Principal Uses 1. Each parcel recorded at adoption of these Regulations has one (1) development right for an allowable principal use (such as one (1) dwelling per parcel). 2. The minimum lot size is 40 acres that may be created by subdivision. 3. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels larger than five (5) acres may have up to three (3) accessory structures. A detached accessory dwelling is an accessory structure Use of Subdivision Exemptions (MCA Pursuant to MCA (1) (c), division of land made by the property owner(s) for the exclusive use of agricultural purposes shall be exempt from the minimum parcel size requirements. The use of an agricultural exemption shall not be allowed if the original parcel, after the division of the agricultural parcel, does not comply with zoning requirements. 2. The following divisions of land and aggregation of parcels or lots shall be exempt from the minimum parcel size requirement, however, shall not result in a net increase in the total number of development rights. A note stating this shall be included on the certificate of survey or plat, absent documentation of purchase, transfer or other acquisition of a development rights corresponding with an increase in parcel size/acreage. a) Division of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties, pursuant to MCA (1)(a); b) Relocation of common boundaries for five or fewer lots within a platted subdivision, pursuant to MCA (1)(d); c) Division of land made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision, pursuant to MCA (1)(e); and d) Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of original parcels have been eliminated and the boundaries of a larger aggregate parcel are established, pursuant to MCA (1)(f) Required Setbacks Reese Creek Zoning District Regulations and Map 10

12 1. Property Lines 25 feet 2. Springhill Road 50 feet 3. Rocky Mountain Road 50 feet 4. Gee Norman Road 50 feet 5. Reese Creek Road 50 feet 6. Bear Creek Road 50 feet 7. Creeks (named and unnamed); rivers; ditches; channels; canals; and springs 50 feet from the annual mean high water mark 8. Wetlands 50 feet Maximum Height of Dwellings and Structures 1. Maximum 32 feet, unless number 2 below applies. 2. Maximum 35 feet for a structure within a naturally wooded area in which existing trees in and around the building site are equal to the height of the proposed structure. Reese Creek Zoning District Regulations and Map 11

13 2.02 Agricultural and Rural Residential District, One Dwelling per 80 Acres (AR-80) Intent. The intent of this District is to: Preserve scenic resources, views and provide adequate open space. Conserve and protect agricultural lands and agricultural livelihood. Conserve and protect wildlife habitat. Ensure high water quality and quantity standard. Preserve the rural residential character. Allow for development compatible to agriculture and rural residential uses. Promote public health, safety and general welfare Tracts of Record. All legal tracts of land on record with the Office of the Clerk and Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses by right (principal uses) and conditional uses of the AR-80 District designation with an approved Conditional Use Permit (CUP) Development Rights All parcels within the District have one (1) development right as a matter of right, which is referred to as the principal development right. Parcels 80 acres or more qualify for one (1) additional development right. Parcels within 10 percent of 80 acres (72 to 79 acres) that were recorded at adoption of these Regulations qualify for one (1) additional development right. An additional development right may only be used pursuant to the Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer of Development Rights Provision (TDR) of Section The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall prevent any additional conditional uses from being permitted on any and all of the tracts of record created pursuant to the cluster subdivision. Approval of a cluster subdivision shall not prevent additional uses by right/principal uses from being permitted on any tract of record approved pursuant to a cluster subdivision Uses By Right/ Principal Uses 1. Agriculture 2. Dwelling (Single-Family) 3. Accessory Dwelling 4. Accessory Structure 5. Excavation for Personal Use 6. Home Occupation 7. Greenhouse, up to 1500 square feet (building footprint) 8. Equestrian Facilities, Personal 9. Power Plant, Personal 10. Outfitter Reese Creek Zoning District Regulations and Map 12

14 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of Section 5.04) 1. Bed and Breakfast 2. Day Care Home (Family) 3. Greenhouse, larger than 1500 square feet (building footprint) 4. Home Based Business 5. Auto Repair, Minor (a business operation) 6. Places of Worship 7. Guest Ranch 8. Equestrian Facility, Commercial 9. Non-agriculture structures over 32 feet and not within a naturally wooded area 10. Power Plant, Commercial (Wind, Solar, and Hydro Energy Generation) 11. Accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint). 12. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the number of guestrooms up to the regulation limit. 13. Expansion or enlargement of an existing legal non-conforming structure. 14. Shooting Preserve (Upland Birds) 15. Essential Services (Type I and Type II) Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP according to Section 5.05) 1. Natural resource development and mining uses Development Density for Principal Uses 1. Each parcel (regardless of size) recorded at adoption of these Regulations has one (1) development right to be used according to the principal uses allowed in the District. 2. The development density is 1: Each 80-acre parcel has one (1) development right (principal development right) and one (1) additional development right that may only be used onsite if the criteria pursuant to the Cluster Subdivision Provision (Section 4.01) are met. The principal development right and/ or the additional development right may be transferred to a designated receiving area within Gallatin County pursuant to the Transfer of Development Rights Provision (Section 4.02). The principal development right and the additional development right are equal to one (1) TDR each. 4. At adoption of these Regulations, each recorded parcel within 10 percent of the 80- acre minimum parcel size qualifies as an 80-acre parcel for development rights. Parcels that qualify include those between 72 to 79 acres. Reese Creek Zoning District Regulations and Map 13

15 5. Parcels larger than 80 acres, one (1) additional development right is available for every increment of 40 acres or portions of an increment that is within 10 percent of 40 acres (or 36 to 39 acres). 6. At adoption of these Regulations, each recorded parcel that is developed with at least one single-family dwelling is considered to have used the principal development right. 7. The minimum lot size that may be created after adoption of these Regulations is 80 acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster Subdivision Provision (Section 4.01). The cluster subdivision provision is limited to a maximum of 10 percent of the parcel, or eight (8) acres. 8. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels larger than five (5) acres may have up to three (3) accessory structures. A detached accessory dwelling is an accessory structure Use of Subdivision Exemptions (MCA Pursuant to MCA (1) (c), division of land made by the property owner(s) for the exclusive use of agricultural purposes shall be exempt from the minimum parcel size requirements. The use of an agricultural exemption shall not be allowed if the original parcel, after the division of the agricultural parcel, does not comply with zoning requirements. 2. The following divisions of land and aggregation of parcels or lots shall be exempt from the minimum parcel size requirement, however, shall not result in a net increase in the total number of development rights. A note stating this shall be included on the certificate of survey or plat, absent documentation of purchase, transfer or other acquisition of a development rights corresponding with an increase in parcel size/acreage. a) Division of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties, pursuant to MCA (1)(a); b) Relocation of common boundaries for five or fewer lots within a platted subdivision, pursuant to MCA (1)(d); c) Division of land made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision, pursuant to MCA (1)(e); and d) Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of original parcels have been eliminated and the boundaries of a larger aggregate parcel are established, pursuant to MCA (1)(f) Required Setbacks Reese Creek Zoning District Regulations and Map 14

16 1. Property Lines 25 feet 2. Springhill Road 50 feet 3. Rocky Mountain Road 50 feet 4. Gee Norman Road 50 feet 5. Reese Creek Road 50 feet 6. Bear Creek Road 50 feet 7. Creeks (named and unnamed); rivers; ditches; channels; canals; and springs 100 feet from the annual mean high water mark 8. Wetlands 50 feet Maximum Height of Dwellings and Structures 1. Maximum 32 feet, unless number 2 below applies. 2. Maximum 35 feet for a structure within a naturally wooded area in which existing trees in and around the building site are equal to the height of the proposed structure. Reese Creek Zoning District Regulations and Map 15

17 2.03 Rural Residential and Wildlife Corridor District, One Dwelling per 160 Acres (RW-160) Intent. The intent of this District is to: Preserve scenic resources, views and provide adequate open space. Conserve and protect agricultural lands and agricultural livelihood. Conserve and protect wildlife habitat. Ensure high water quality and quantity standard. Preserve the rural residential character. Allow for development compatible to agriculture and rural residential uses. Promote public health, safety and general welfare Tracts of Record. All legal tracts of land on record with the Office of the Clerk and Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses by right (principal uses) and conditional uses of the RW-160 District designation with an approved Conditional Use Permit (CUP) Development Rights. All parcels within the District have one (1) development right as a matter of right, which is referred to as the principal development right. Parcels 160 acres or more qualify for three (3) additional development rights. Parcels within 10 percent of 160 acres (144 to 159 acres) that were recorded at adoption of these Regulations qualify for three (3) additional development rights. Additional development rights may only be used pursuant to the Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer of Development Rights Provision (TDR) of Section The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall prevent any additional conditional uses from being permitted on any and all of the tracts of record created pursuant to the cluster subdivision. Approval of a cluster subdivision shall not prevent additional uses by right/principal uses from being permitted on any tract of record approved pursuant to a cluster subdivision Uses By Right/ Principal Uses 1. Agriculture 2. Dwelling (Single-Family) 3. Accessory Dwelling 4. Accessory Structure 5. Excavation for Personal Use 6. Home Occupation 7. Greenhouse, up to 1500 square feet (building footprint) 8. Equestrian Facilities, Personal 9. Power Plant, Personal 10. Outfitter Reese Creek Zoning District Regulations and Map 16

18 Conditional Uses (upon obtaining a Conditional Use Permit according to the provisions of Section 5.04) 1. Bed and Breakfast 2. Day Care Home (Family) 3. Greenhouse, larger than 1500 square feet (building footprint) 4. Home Based Business 5. Auto Repair, Minor (a business operation) 6. Places of Worship 7. Guest Ranch 8. Equestrian Facility, Commercial 9. Non-agriculture structures over 32 feet and not within a naturally wooded area 10. Power Plant, Commercial (Wind, Solar, and Hydro Energy Generation) 11. Accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint). 12. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the number of guestrooms up to the regulation limit. 13. Expansion or enlargement of an existing legal non-conforming structure. 14. Shooting Preserve (Upland Birds) 15. Essential Services (Type I and Type II) Natural Resources Conditional Uses (upon obtaining a Natural resources CUP according to Section 5.05) 1. Natural resource development and mining uses Development Density for Principal Uses 1. Each parcel (regardless of size) recorded at adoption of these Regulations has one (1) development right to be used according to the principal uses allowed in the District. 2. The development density is 1: Each 160-acre parcel has one (1) development right (principal development right) and three (3) additional development rights that may only be used if the criteria pursuant to Cluster Subdivision Provision (Section 4.01) are met. The principal development right and the additional development rights may be transferred to a designated receiving area within Gallatin County pursuant to the Transfer of Development Rights Provision (TDR) of Section The principal and additional development rights are equal to two (2) TDRs each, but only if transferred off the property within the sending area. A maximum of eight (8) development rights for transfer is possible if all development rights are removed from the 160-acre parcel within the sending area and transferred to a designated receiving area within Gallatin County. Reese Creek Zoning District Regulations and Map 17

19 4. At adoption of these Regulations, each recorded parcel that is within 10 percent of the 160-acre minimum parcel size qualifies as a 160-acre parcel for development rights. Parcels that qualify include those between 144 to 159 acres. 5. For parcels larger than 160 acres, one (1) additional development right is available for every increment of 40 acres or portions of an increment that is within 10 percent of 40-acre minimum (36 to 39 acres). 6. Each parcel recorded at adoption of these Regulations that is developed with a single-family dwelling is considered to have used the principal development right. 7. The minimum lot size that may be created after adoption of these Regulations is 160 acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster Subdivision Provision (Section 4.01). The cluster subdivision created pursuant to the Cluster Subdivision Provision is limited to a maximum of 15 percent of the parcel, or 24 acres for a 160-acre parcel. 8. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels larger than five (5) acres may have up to three (3) accessory structures. A detached accessory dwelling is an accessory structure Use of Subdivision Exemptions (MCA Pursuant to MCA (1) (c), division of land made by the property owner(s) for the exclusive use of agricultural purposes shall be exempt from the minimum parcel size requirements. The use of an agricultural exemption shall not be allowed if the original parcel, after the division of the agricultural parcel, does not comply with zoning requirements. 2. The following divisions of land and aggregation of parcels or lots shall be exempt from the minimum parcel size requirement, however, shall not result in a net increase in the total number of development rights. A note stating this shall be included on the certificate of survey or plat, absent documentation of purchase, transfer or other acquisition of a development rights corresponding with an increase in parcel size/acreage. a) Division of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties, pursuant to MCA (1)(a); b) Relocation of common boundaries for five or fewer lots within a platted subdivision, pursuant to MCA (1)(d); c) Division of land made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision, pursuant to MCA (1)(e); and d) Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of original parcels have been eliminated and the boundaries of a larger aggregate parcel are established, pursuant to MCA (1)(f). Reese Creek Zoning District Regulations and Map 18

20 Required Setbacks. 1. Property Lines 25 feet 2. Springhill Road 50 feet 3. Rocky Mountain Road 50 feet 4. Gee Norman Road 50 feet 5. Reese Creek Road 50 feet 6. Bear Creek Road 50 feet 7. Creeks (named and unnamed); rivers; ditches; channels; canals; and springs 100 feet from the annual mean high water mark 8. Wetlands 50 feet Maximum Height of Dwellings and Structures 1. Maximum 32 feet, unless number 2 below applies. 2. Maximum 35 feet for a structure within a naturally wooded area in which existing trees in and around the building site are equal to the height of the proposed structure. Reese Creek Zoning District Regulations and Map 19

21 2.04 Neighborhood Business District (NB) Intent. The intent of this District is to provide for small-scale retail and service activities for the convenience of the community residents, while still maintaining the rural residential character Permitted Uses (upon obtaining a Conditional Use Permit according to the provisions of Section 5.04). A neighborhood business is limited to: 1. Convenience or general merchandise store. 2. An automobile gas station limited to a maximum of two (2) pumps and as part of a convenience or general store. 3. A foodservice counter and/ or area (which may be within the structure or out side) as part of a convenience or general store. 4. Veterinary Clinic. 5. Child Day Care Center Lot Area. The minimum lot area in this District shall be two (2) acres and a minimum lot width of 200 feet Lot Location. The Neighborhood Business District shall be located on an arterial road that is maintained by Gallatin County or the Montana Department of Transportation. A District-lot may not include an irrigation ditch or a watercourse Required Setbacks. 1. Property line setback 50 feet 2. Road setback 100 feet Structure Footprint. The minimum building footprint area for a structure is 800 square feet and the maximum building footprint area is 2,400 square feet Lot Coverage. No more than 50 percent of the lot area shall be occupied by impervious surfaces Building Height. Maximum building height in the District shall be 32 feet Parking Plan. A Parking Plan shall be submitted with the Conditional Use Permit (CUP) application. The plan shall: 1. Locate and describe the number of parking spaces that will accommodate the traffic that corresponds with the business use planned. 2. Prohibit designated parking from within the required setback areas. Reese Creek Zoning District Regulations and Map 20

22 3. Provide a minimum of two (2) handicap-access parking spaces. 4. Provide pedestrian walkways. 5. Provide designated vehicular and pedestrian access to the business Screening. View-obscuring screening may be required between the business use and any adjacent residential district. The screening may consist of a combination of berms, landscaping, fences, and masonry walls. A Site Plan, drawn to scale shall be submitted with the Conditional Use Permit (CUP) application that includes the following: 1. Parcel dimension. 2. Existing and proposed grade of the site. 3. Location and dimension of existing and proposed buildings, fences and walls. 4. Location of storage area for solid waste and other service areas. 5. Landscaping (existing and proposed). 6. Sign type and location. 7. Location and description of outdoor lighting. 8. Location of snow and stormwater retention area Standards. 1. To qualify as a Neighborhood Business District, the lot shall be contiguous to an arterial road and can provide adequate access. 2. The structure and business use shall be compatible with adjacent residential uses. 3. Merchandise deliveries and solid waste collection shall be at the rear of the lot or at the rear of the structure. 4. The building exterior-materials and appearance shall be compatible with the residential character of the District (RR-40, AR-80, RW-160) in which it is located; and exterior colors shall comply with standards of the applicable residential district. 5. Effort shall be made to preserve existing natural vegetation and replacement of vegetation removed for site construction. 6. The lot shall provide a trail easement for bike, horse, and/ or pedestrian access that is at least ten (10) feet wide and separate from adequate vehicular circulation and access Criteria for Zone Amendment Review. 1. The business use complies with the permitted uses (Section ). 2. Demonstrate compliance with standards pursuant to Section Reese Creek Zoning District Regulations and Map 21

23 3. Submittal of a Site Plan that: a. describes and locates the placement of uses on the lot; b. describes the activities and proposed mitigation for potential smoke, dust, airborne particles, glare, heat or noise; hours of operation; any potential fire mitigation; and traffic mitigation; c. complies with the parking requirements (Section ); d. complies with the screening requirements (Section ); and e. complies with any other applicable standards pursuant to General Building and Development Standards (Section 3.01). 4. Demonstrate compliance with the Gallatin County Growth Policy. 5. Agreement to install all required improvements prior to occupancy of the business and obtain a Certificate of Occupancy pursuant to Section The Zone Amendment to allow the Neighborhood Business District is for the specified use approved and any change of use shall be reviewed and only permitted with an approved Conditional Use Permit (CUP) pursuant to Section Review Procedures. An applicant requesting a Neighborhood Business District designation shall submit all requirements of this Section as part of the Zone Amendment procedure set forth in Section Certificate of Occupancy. All improvements (including parking, trail, screening, landscaping, lighting, signage, etc.) shall be installed before occupancy of the structure(s) or use of the approved business and verified by the Zoning Enforcement Agent as a condition of the zone change approval. Upon confirmation that all required improvements are installed and satisfactory to the Zoning Enforcement Officer, the Zoning Enforcement Officer shall issue a Certificate of Occupancy. Reese Creek Zoning District Regulations and Map 22

24 2.05 Public Lands District (PL) Intent. The intent of this District is to identify National Forest lands within the zoning boundary and acknowledge that forest industry management and urban-wildland interface management that includes: timber harvest, wildlife habitat preservation, public access recreation, and grazing on public lands, influences the quality of life and economy of the Reese Creek Community. It is the intent of this Section to preserve existing multiple uses on Gallatin National Forest lands and provide a public process in the event designated public lands are privatized Development Rights. Public lands are not assigned any development rights. In the event that such lands are conveyed to a private entity, the District designation and development rights shall be determined by the County Commission pursuant to Amendments Section (Section 5.07) of these Regulations, and first consideration shall be given to the lowest-density district designation (Rural Residential and Wildlife Corridor RW-160) for all public-to-private land conveyances Uses Allowed By Right/ Principal Uses. All uses pursuant to the Gallatin National Forest Plan for public lands and current administration policies. Reese Creek Zoning District Regulations and Map 23

25 3.00 GENERAL BUILDING AND DEVELOPMENT STANDARDS 3.01 General Building and Development Standards Intent. The purpose of this Section is to establish general building and development standards. These standards are intended and designed to assure compatibility of uses, protect the environment, preserve privacy, and preserve the character of the Reese Creek Community; and to enhance the health, safety and general welfare of the Reese Creek Zoning District residents. These standards supplement the specific District regulations set forth in these Regulations Accessory Dwelling. An accessory dwelling shall be located on the same parcel as the principal dwelling (single-family dwelling). An accessory dwelling can either be attached or detached to the principal dwelling. An accessory dwelling is subordinate to the principal dwelling and includes an efficiency apartment, caretaker s residence, agricultural employee housing and guesthouse. 1. A minimum of two (2) onsite parking spaces shall be provided for an accessory dwelling unit. 2. Nothing herein precludes the construction of the principal dwelling after the accessory dwelling provided all applicable regulations are met. 3. An accessory dwelling may not be rented; qualified agricultural employee housing is exempt Accessory Structures. With exception of structures for qualified agricultural uses, all accessory structures shall meet the following requirements: 1. No accessory structure shall be erected in any required setback. 2. No unfinished reflective siding shall be allowed. 3. All accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint) shall require a conditional use permit. 4. On parcels smaller than five (5) acres, only two (2) accessory structures shall be allowed. A maximum of three (3) accessory structures shall be allowed on parcels over five (5) acres. A detached accessory dwelling is an accessory structure. 5. Accessory buildings less than 200 square feet (building footprint) do not require a land use permit and are not counted towards the accessory structure limit Agriculture. As defined in MCA , agricultural activity includes activity that provides a standard annual income or that occurs on land classified as agricultural or forest land for taxation purposes. The condition or activity must occur in connection with the commercial production of farm products and includes, but is not limited to: Reese Creek Zoning District Regulations and Map 24

26 the operation of machinery and irrigation pumps; odors; dust; movement of water for agricultural activities; ground and aerial application of seed, fertilizer, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and livestock; construction and maintenance of buildings, fences, roads, bridges, waterways; timber harvesting, thinning, and timber regeneration; burning and stubble and slash disposal, and plant nursery and commercial greenhouse activities. Commercial production of farm products includes the growing, raising, or marketing of plants or animals by the owners, owner s agent, or lessee of the land that provides the income or that occurs on land that is classified as agricultural or forest land for taxation purposes such as: a) forages and sod crops; b) dairy and dairy products; c) poultry and poultry products; d) livestock, including breeding, feeding, and grazing of livestock and recreational equine use; e) fruits; f) vegetables; g) flowers; h) seeds; i) grasses; j) trees, including commercial timber; k) freshwater fish and fish products; l) apiaries; m) equine and other similar products; or n) any other product that incorporates the use of food, feed, fiber, or fur Animal-Proof Refuse Containers. All refuse shall be stored in animal-proof containers or made unavailable to all domestic and wild animals Automobile Repair, Minor (a business operation). For Districts that permit it and with an approved Conditional Use Permit (CUP) pursuant to Section 5.04, minor auto repair operations may be conducted in the residential districts subject to the following standards: 1. All vehicles (stored and under repair) and all materials and solid waste related to the minor auto repair operation shall be located within structures or screened from adjacent property and public view. 1. All vehicle repair work shall be conducted within an approved structure. 2. Agricultural vehicles and farm equipment are exempt from standards 1 and 2 above. A maximum of three (3) agricultural vehicles or pieces of farm equipment shall be on the site at any given time Bed and Breakfast Inn. All Bed and Breakfast Inns shall be subject to the following standards: 1. The proprietor shall reside in the Bed and Breakfast Inn. Reese Creek Zoning District Regulations and Map 25

27 2. The number of bedrooms available for guests shall be five (5) or fewer. 3. Food service shall be limited to overnight guests only, and shall be prepared from an onsite, central kitchen facility. 4. The Bed and Breakfast Inn s exterior appearance shall be compatible to residential dwellings in the same District. There shall be no alteration to the exterior of the Bed and Breakfast Inn that would detract from the residential character of the District. Any alteration of the of the structure s exterior or expansion of the structure for the purpose of increasing the number of guestbedrooms (up to the maximum 5 bedroom limit) is permitted with an approved Conditional Use Permit (CUP) pursuant to Section One (1) parking space per guest-bedroom shall be provided onsite in addition to the two (2) parking spaces required for a dwelling unit Equestrian Facilities, personal. 1. Income from training, boarding, and lessons shall be incidental to the principal use of the property. 2. Does not allow commercial equestrian facilities as defined in these Regulations Fences and Walls. 1. All fencing shall be wire or natural materials, of natural colors, and shall not detract from the natural environment. 2. Subdivisions (reviewed pursuant to the Gallatin County Subdivision Regulations and within the Reese Creek Zoning District) are responsible for the cost of new fencing or the cost to maintain an old fence on the subdivision boundaries with agricultural land Greenhouse. A greenhouse that is an accessory structure within a residential district and not part of a qualified agriculture operation shall be limited to: 1. Each greenhouse structure is limited to a maximum 1500 square feet (building footprint) without an approved Conditional Use Permit (CUP) pursuant to Section Parcels five (5) acres or smaller are limited to one (1) greenhouse Guest Ranch. For Districts that permit it and with an approved Conditional Use Permit (CUP) pursuant to Section 5.04, a guest ranch shall also comply with the following standards: 1. Requires a minimum 320-acre parcel. Reese Creek Zoning District Regulations and Map 26

28 2. A guest ranch s overnight accommodations may be a designated room within a structure, such as a central lodge, or a separate structure, such as a cabin. A guest ranch is limited to a maximum of eight (8) overnight accommodations. Parcels larger than 320 acres may increase the total overnight accommodations by one (1) for each increment of 40 acres over 320 acres. 3. The location of all structures shall be limited to an area equal to a maximum of 10 percent of the parcel. The structures shall be clustered to minimize the overall disturbance and/ or clearance of the landscape. The 10 percent area shall be contiguous and identified on the Site Plan required in the CUP process and within the 10 percent area designated building envelope(s) shall be identified. (Example: a 320-acre parcel is required to locate all structures within a 32-acre area and designate individual structure building envelopes.) 4. A guest ranch is limited to one (1) main structure not to exceed 4000 square feet total for the kitchen, dining area, and other communal areas. The main structure may include overnight accommodations with the communal areas. Separate structures for individual guest ranch quarters (such as cabins) may be used to provide overnight accommodations. Overnight accommodation structures shall not exceed 1000 square feet per each unit. A guest ranch may have a combination of buildings to provide services and overnight accommodations not to exceed the limits specified in this Section ( ). 5. Individual guest ranch quarters (such as cabins) shall not contain a kitchen or cooking facilities. Central kitchen or cooking facilities are allowed. 6. All guest ranch services and accommodations (lodging, dining, recreation) are limited to overnight guests. 7. Guest ranch quarters (such as cabins) shall not be offered for rent or sale as dwelling units. 8. A guest ranch may provide facilities to accommodate local customary recreational activities, which does not include the use of motorized vehicles and/ or activities. 9. A guest ranch providing recreational activities shall provide for or have direct access to riding trails or other recreational facilities, to reduce off-site automobile travel. 10. A Parking Plan that complies with Section shall be included with the CUP application to assure adequate parking according to proposed use and capacity. A minimum of one (1) parking space per 200 square feet of building footprint is required. 11. Outdoor lighting shall comply with Section Location and identification of all outdoor lighting shall be included in the Parking Plan. 12. All activity areas shall be designed to protect and ensure the general safety and welfare of participants, area residents, and wildlife. Reese Creek Zoning District Regulations and Map 27

29 13. All guest ranch facilities shall comply with applicable state and local requirements (such as licensing, inspections, permits, etc.) pertaining to building, fire and safety codes Home Based Business. A home based business shall meet the following standards: 1. A home-based business shall be operated by a person residing within the dwelling. 2. A home-based business is limited to three (3) employees that work on the premises and limited to types of activities such as contracting businesses; service businesses; offices; music, art, or other instruction; individual-artist studio and galleries. 3. The home-based business shall not change the residential character of the lot. 4. All vehicles, materials, and solid waste related to the home-based business shall be located within structures or screened from adjacent property view and public view. 5. Disposal of all waste created by the home based business shall comply with Gallatin City-County Health Department, Environmental Health and Montana Department of Environmental Quality. 6. No noise shall be created between the hours of 8 p.m. and 7 a.m. that is detectable to normal sensory perception at the property line. 7. Generation of more than an average of ten (10) additional daily trips by any home-based business is prohibited. 8. All parking shall be provided on site. 9. All facilities shall comply with applicable state and local requirements (such as licensing, inspections, permits, etc.) pertaining to building, fire and safety codes Home Occupation. A home occupation shall meet the following standards: 1. A home occupation shall be operated by a person residing within the dwelling. 2. No one residing off premises may be employed on the premises of a home occupation for work related to the home occupation. 3. Disposal of all waste created by the home occupation shall comply with Gallatin City-County Health Department, Environmental Health and Montana Department of Environmental Quality. 4. All parking shall be provided on site Mobile, Modular, and Manufactured Homes. Mobile, modular, and manufactured homes qualify as single-family dwellings and shall comply with the applicable District designation (Section 2); and in order to Reese Creek Zoning District Regulations and Map 28

30 achieve acceptable similarity in appearance and construction between conventional or site-built housing and mobile, modular, and manufactured homes, the following standards shall also apply: 1. All Mobile, Modular, and Manufactured Homes: a. Dwellings shall be permanently connected to utility services in compliance with applicable codes. b. Dwellings shall have a permanent foundation compatible with conventionally built housing in surrounding area; or be physically anchored using manufacturers suggested standards and schematic (for system such as perimeter or runner footing and cable attachment), and appear compatible with conventionally built housing in the surrounding area. A block-support system is not acceptable permanent or anchored foundation. Confirmation of permanent foundation or manufacturers approved anchoring is required as part of the land use permit. c. Roofs shall have sloping lines with eaves, and shall be compatible with conventionally housing in surrounding area. d. Roofing material shall be of same fire resistant material required of conventional housing. e. The exterior covering material shall be similar and compatible to materials of housing in surrounding area. f. The exterior covering color (including roof) shall be similar and compatible to colors of housing in surrounding area. 2. Mobile Homes. In addition to all of the above, the following standards apply: a. All mobile home dwellings must bear an insignia, which attests that the construction of the mobile home meets the Mobile Home Construction and Safety Standards of the US Department of Housing and Urban Development. b. Mobile home skirting must be provided around the entire perimeter of the dwelling. The skirting shall match the color and material of the exterior covering, and shall extend to the ground to conceal the underside of the mobile home and the permanent foundation. c. An abandoned, burned, or wrecked mobile home must be secured against entry and may remain on the lot for no more than 45 days in the abandoned, burned, or wrecked condition Non-agricultural structures over 32 feet. 1. Parcels less than 40 acres are limited to one (1) non-agricultural structure with a height that exceeds 32 feet, with an approved Conditional Use Permit (CUP) Outdoor Lighting. Outdoor lighting which is necessary for adequate safety, utility, and commerce is permitted provided it does not interfere with the privacy of others or the safety and enjoyment of property which is not intended to be illuminated; or cause the loss of the scenic view of the night sky; or does not produce glare. Permitted outdoor lighting shall meet the following conditions: Reese Creek Zoning District Regulations and Map 29

31 1. Lighting fixtures shall be located, aimed, and shielded so that direct illumination is focused exclusively on the structure facade, landscape, or other intended site feature and away from adjoining properties and the public right-of-way. 2. Lighting fixtures affixed to the exterior of a dwelling unit shall not exceed the height of the highest eave of the structure on which the light is located. 3. Motion sensor activated lighting may only be triggered by movement on the property on which the light is located. 4. Lighting fixtures mounted to a structure shall not extend more than four (4) feet above the highest part of the structure. 5. Landscaping, walkway, driveway, sidewalk, bikeway lighting is limited to the path of travel area plus five (5) feet on either side of the path of travel. 6. All-nonconforming outdoor light fixtures lawfully installed prior to and operable on the effective date of these Regulations are exempt from all lighting requirements. However, there shall be no change in use or lamp type, or any replacement (except the same type and output lamp replacement), or structure alterations made and if so, all changes shall comply with applicable regulations. 7. Outdoor lighting not permitted in the Reese Creek Zoning District includes: a. Mercury vapor lamps. b. High-pressure sodium lamps. c. Blinking, flashing, moving, revolving, flickering, changing color, or chase lighting, except lighting for temporary seasonal displays, or lighting for public safety. d. Searchlights, floodlights, beacons or other similar high intensity lighting. e. Laser source lighting. f. Any upward oriented lighting Outdoor Storage. Stored items shall be located within structures or screened from adjacent property view and public view Parking. 1. A minimum of two (2) on-site parking spaces shall be provided for every dwelling unit. 2. For all non-residential uses that are required to provide parking shall include a minimum of one (1) disabled-accessible parking space in compliance with the American with Disabilities Act (ADA) dated, January 26, 1992, for every twelve (12) parking spaces provided. The disabled-accessible parking space(s) shall have an aisle five (5) feet wide; shall be located as near as practical to a primary entrance; and shall be marked reserved for disabled use showing the symbol of accessibility. If only one (1) disabled-accessible parking space is required, then it shall be designated and marked as van accessible and have an isle eight (8) feet Reese Creek Zoning District Regulations and Map 30

32 wide. For every 1-8 disabled-accessible parking spaces provided, a minimum of one (1) shall be designated van accessible. 3. Parking areas with fifteen (15) or more parking spaces shall include landscaping on a minimum of 10 percent of the parking area. 4. Parking areas shall provide adequate space to be calculated at a minimum dimension of a 19 x 9 (rectangle) for each required parking space. 5. Places of worship and other similar places of public assembly shall provide at least one (1) passenger loading area on site Power Plant, personal. 1. Requires an approved Conditional Use Permit (CUP) pursuant to Section 5.04 for structures that exceed 32 feet in height. 2. The process for generating power shall minimize and/ or mitigate the production of odors, smoke, dust, airborne particles, vibration, glare, heat or noise. Types of technology or processes that have the potential to generate excessive odors, smoke, dust, airborne particles, vibration, glare, heat or noise require a CUP pursuant to Section Ridge and Ridgeline Development. Development of any ridge or ridgeline area shall blend with the natural terrain and vegetation in order to preserve and protect the scenic and rural character and environmental quality of the Reese Creek Zoning District in accordance with the following standards: 1. Parcels created after the adoption of these Regulations shall meet the following standards as part of subdivision review: a. Building sites for all structures shall not detract from the scenic qualities or overall character of the District; and shall not obstruct views as viewed from public roads within the District. b. Building sites shall be down grade of the ridgeline. c. Structures and rooflines shall follow or mimic the contour of the ridge. d. Structures shall not break the silhouette of the ridge as viewed from public roads within the District. e. The exterior of all structures (including roofs) shall use muted and subdued earth-tone colors that blend in with the natural landscape. f. Retaining walls shall be terraced and made of materials that blend with existing natural landscape. g. Areas cleared and graded but not built upon, shall be revegetated to approximate the original density and type of vegetation (including trees) condition existing prior to the disturbance and shall be completed within 24 months of the start of construction or disturbance. h. Appropriate sediment and erosion control measures shall be used throughout construction of site. i. Landscaping shall be added to screen structures in view from public roads. Reese Creek Zoning District Regulations and Map 31

33 j. Slopes of 40 percent or greater shall be permanently preserved and prohibited from development. k. Site grading shall not alter existing prominent geological features or ridgeline silhouette. l. Driveways shall be designed to follow the contours of the terrain in order to minimize grading and to prevent erosion. m. Driveways of grades greater than 10 percent shall not exceed 100 feet in length. n. All driveways shall be a minimum of fourteen (14) feet wide for emergency vehicle accessibility; and driveways greater than 1000 feet in length shall provide a turn out every 1000 feet to allow passage by emergency vehicles. 2. Parcels created prior to the adoption of these Regulations shall meet the following standards for development of ridges or ridgelines as part of Land Use Permit process pursuant to Section 5.03: a. Building sites are discouraged from ridges or detracting from ridgelines as viewed from public roads within the District, but are not prohibited from placing building sites on ridgelines. b. The exterior of all structures (including roofs) shall be muted and subdued earth-tone colors that blend in with the natural landscape. c. Areas cleared and graded but not built upon, shall be revegetated to approximate the original density and type of vegetation (including trees) condition existing prior to the disturbance and shall be completed within 24 months of the start of construction or disturbance. d. Driveways shall be designed to follow the contours of the terrain in order to minimize grading and to prevent erosion. e. Driveways of grade 10 percent or greater shall not exceed 100 feet in length. f. Appropriate sediment and erosion control measures shall be used through out construction of site. g. Landscaping shall be added to screen structures in views from public roads. h. All driveways shall be a minimum of fourteen (14) feet wide for emergency vehicles accessibility; and driveways greater than 1000 feet in length shall provide a turn out every 1000 feet to allow passage for emergency vehicles Signs. Blinking, flashing, moving, revolving, flickering, changing color, neon, banner, and billboard signs are not allowed in the District. Allowed signs shall meet the following conditions: 1. Permitted signs shall be limited to a total surface area not exceeding twelve (12) square feet. 2. Permitted signs shall be attached to or mounted on a freestanding pole(s) or post; or supported by a monument style pedestal. 3. Permitted signs (and supporting structure) shall be limited to a maximum height of six (6) feet above grade. All signs exceeding six (6) feet in height shall be Reese Creek Zoning District Regulations and Map 32

34 reviewed pursuant to the Conditional Use Permit (CUP) process pursuant to Section One (1) portal sign is permitted to identify the property owner (with name and/ or address, brand, or similar) and shall be located on the premises and at the entrance to the property. 5. A sign located on private property (not in the public right-of-way) to reduce speed as a caution for children, domestic animals, livestock, or wildlife is allowed. 6. One (1) sign on premise is permitted for use with a Home Occupation or Home Based Business. Information on a sign for this use is limited to the name, occupation, and logo of the qualified home-based business or home occupation Shooting Preserve (Upland Birds). 1. All activity areas shall be designed to protect and ensure the general safety and welfare of participants, area residents, and non-targeted wildlife. 2. All facilities shall comply with applicable state and local requirements (such as licensing, inspections, permits, etc.) pertaining to building, fire and safety codes Wildfire Mitigation. TABLE A 1. All new construction and replacement roofing on structures within the District shall use only Class A or B fire-rated roofing materials (Table A). 2. Defensible space shall be created and maintained in accordance with the vegetation reduction and clearance guidelines of the Fire Protection Guidelines for Wildland Residential Interface Development (Appendix A). Fire Ratings of Roofing Materials: Class A fire rated roofing materials includes slate; rock shingle; concrete tile; and fiberglass based asphalt shingle and rolled roofing. Class B Class C fire rated roofing materials includes aluminum shingle; aluminum or steel panels; and periodically treated wood shingle or shake, plus heat barrier. fire rated roofing materials includes felt-tar based asphalt or rolled roofing; asphalt tar gravel; and periodically treated wood shake and wood shingle. Not Rated roofing material includes untreated wood shingle or shake. Reese Creek Zoning District Regulations and Map 33

35 Utilities. Any new and/ or relocated utilities providing service to parcels or structures shall be placed underground. Refer to Section 5.06 for site constraints that may necessitate a variance Worship, Places of. 1. Requires a minimum two- (2) acre parcel and is limited to a maximum five- (5) acre parcel. 2. Site is limited to one (1) structure with a maximum 3000 square-foot building footprint. 3. The site may include one (1) accessory structure limited to 200 square feet. 4. Building height limit shall not exceed 32 feet. 5. A Site Plan that designates all outdoor lighting and signage is required in accordance with the Conditional Use Permit (CUP) process pursuant to Section The lot shall be contiguous to an arterial road and provide adequate access. 7. Adequate parking shall be provided for use and capacity and demonstrated with a Parking Plan with the CUP submittal. 8. The parking area may not be within the side property line setback. 9. A minimum of one (1) parking space per 200 square feet of public assembly area is required; and two (2) parking spaces for each classroom. 10. Permanent facilities for subordinate uses such as kitchen facilities, childcare services, education facilities, entertainment and events facilities, each require a separate review and use permit according to the CUP process. 11. Any community use (other than public assembly for worship) of the indoor and/ or outdoor facilities shall be limited to daily uses that end at 11:00 p.m. 12. All facilities shall comply with all applicable state and local requirements (such as licensing, inspections, permits, etc.) pertaining to building, fire and safety codes. Reese Creek Zoning District Regulations and Map 34

36 4.0 SPECIAL PROVISIONS 4.01 Additional Development Rights for Cluster Subdivision Provision Intent. The intent of this section is to provide for the use of additional development rights for the purpose of residential cluster subdivision intended to: Preserve unique and important natural features. Provide property owners of large tracts of land to preserve a majority of the land and have the option to develop a small portion. Provide for the continuation of agricultural operations. Protect the rural atmosphere. Properly plan and utilize land that may have areas unsuitable for development (wetlands, steep slope, wildlife habitat, streams, etc.) Encourage flexibility of design. Promote attractive and comprehensive site planning. Promote efficiency in the provision of public services, including roads Definitions Specific to the Cluster Subdivision Provision. Cluster Subdivision. An acceptable clustered development designed to minimize the overall disturbance on the landscape, creating smaller lots which are grouped together on a site as opposed to scattered throughout a site, approved by a Conditional Use Permit (CUP) prior to subdivision review. Additional Development Rights. Development rights in addition to principal development rights, that may be used only for cluster subdivision and if all criteria are met. Qualified Parcel. Parcels recorded at the adoption of these Regulations that are within 10 percent of the required parcel size for the district, qualify for additional development rights. In the AR-80 District the minimum parcel size a parcel may be to qualify for the additional development right is 80 acres or parcels recorded at adoption of these Regulations that are within 10 percent, which includes parcels between 72 to 79 acres. In the RW-160 District the minimum parcel size a parcel may be to qualify for the additional development rights is 160 or parcels recorded at adoption of these Regulations that are within 10 percent, which includes parcels between 144 to 159 acres General Use of Additional Development Rights. 1. Development Rights (principal and additional development rights) are determined by the recorded parcel size at adoption of these Regulations. 2. Additional development rights only apply to parcels within the AR-80 and RW-160 Districts. Reese Creek Zoning District Regulations and Map 35

37 Authorized Development Rights Uses. 1. RW-160 District. A 160-acre parcel within the RW-160 District has one (1) development right (principal right) that may be used according to the principal uses allowed in the District, and three (3) additional development rights which may only be used for onsite subdivision if the criteria for Cluster Subdivision Provision are met. An example of using a combination of development rights: A 160-acre parcel with a single-family dwelling (considered use of the principal development right) has three (3) additional development rights that may be used onsite to create a cluster subdivision pursuant to the criteria of Cluster Subdivision Provision (Section 4.01) and Conditional Use Permit (CUP) process of Section Use of the Cluster Subdivision Provision and criteria applies to the creation of one (1), two (2), or three (3), additional lots using the additional development rights. If the 160-acre parcel is undeveloped, all four (4)-development rights (principal and additional) may be used to create a four- (4) lot cluster subdivision and open-space tract. 2. The AR-80 District. An 80-acre parcel with a single-family dwelling (considered use of the principal development right) has one (1) additional development right that may be used onsite to create a one- (1) lot subdivision pursuant to the criteria of Cluster Subdivision Provision (Section 4.01) and Conditional Use Permit (CUP) process of Section Use of the Cluster Subdivision Provision and criteria applies to the creation of one (1) lot using the additional development right. If the 80-acre parcel is undeveloped, both development rights (principal and additional) may be used to create a two- (2) lot cluster subdivision and open-space tract Criteria for Cluster Subdivision and Use of Development Rights. 1. Minimum parcel size for participation of the Cluster Subdivision Provision is 80 acres in the AR-80 District; and 160 acres in the RW-160 District. Parcels of record at the adoption of these Regulations within 10 percent of the minimum parcel size also qualify for use of the additional development right(s) for cluster subdivision (72 to 79 acres in the RW-80 District; and 144- to 159 acres in the RW-160 District are qualified parcels). 2. At adoption of these Regulations, parcels developed with a single-family dwelling are considered to have used the principal development right; additional development right(s) may apply. 3. The maximum overall density using the Cluster Subdivision Provision is 1: Minimum lot size is subject to Montana Department of Environmental Quality and Gallatin City-County Health Department. 5. Maximum lot sizes: Reese Creek Zoning District Regulations and Map 36

38 a. Within the AR-80 District: The area for all lots created pursuant to the Cluster Subdivision Provision is limited to 10 percent of the original parcel. If one (1) additional development right is used then the maximum lot size for the clusterlot is eight (8) acres (for an 80-acre parcel); if two (2) or more development rights are used in accordance with the cluster criteria then the lot sizes may vary, but the cluster subdivision is limited to one ten-(10) acre parcel for development within the 10-percent area. b. Within the RW-160 District: The area for all cluster-lots created pursuant to the Cluster Subdivision Provision is limited to 15 percent of the original parcel. If one (1) additional development right is used then the maximum lot size for the cluster-lot is the area that equals 15 percent of the original parcel; if two (2) or more development rights are used in accordance with the cluster criteria then the lot sizes may vary, but the cluster subdivision is limited to one ten- (10) acre parcel for development within the 15-percent area. 6. A cluster subdivision may be created in one of two ways: a. Development rights may be clustered on individual lots which together may not be more than 10 percent of a participating lot in the AR-80 District or 15 percent of a participating lot in the RW-160 District. The remainder of the participating lot shall be an open-space tract. The resulting open-space tract will consist of 90 percent of the participating lot in the AR-80 District and 85 percent of the participating lot in the RW-160 District. The designated open-space tract may be used for agricultural purposes but is prohibited from including dwellings or non-agricultural structures because all development rights have been applied to the cluster subdivision. Ownership of the open-space tract may be in common and managed by provisions in the Home Owner s Association; privately owned; or a combination of both. Plans for phasing shall be noted in the Conditional Use Permit application. Or b. Parcels may use one development right to create a lot that is a minimum of 90 percent of the original parcel in the AR-80 District or a minimum of 85 percent of an original parcel in the RW-160 District and use the balance of the original parcel (either 10 percent or 15 percent) to cluster the remaining development rights (additional development rights) pursuant to the Cluster Subdivision Provision. Plans for phasing shall be noted in the Conditional Use Permit application. 7. Criteria from this list must be met to use development rights for cluster subdivision (items a and b below are mandatory and a minimum of four (4) others from c through i are required): a. New lots are in close proximity to public roads. (mandatory) Reese Creek Zoning District Regulations and Map 37

39 b. New lots are contiguous as clustered. (mandatory) c. Building sites are located in an area least likely to interrupt or detract from wildlife corridors, wetlands and scenic vistas, as seen from public roads and neighboring properties. d. Building sites are located on the least fertile soils for agricultural uses, and in a manner, which maximizes the useable area remaining for such use. e. Building sites are along the edges of open fields adjacent to any woodland in order to reduce impact on agriculture; to provide summer shade and shelter from winter wind; and to enable new construction to be visibly absorbed by natural landscape features. f. Building sites are located with the least disturbances to the natural topography, landscape, vegetation, and agriculture. g. Building sites avoid exposed hillsides, ridgetop, and creekbanks. h. Building sites are in close proximity to roads and existing dwellings. i. New lots share driveway access. 8. The following statement shall be recorded on the plat: Tracts created by approval of a cluster subdivision pursuant to Reese Creek Zoning Regulations, Section 4.01, are not permitted any further conditional uses as described in Section and Section Review Procedures. A Conditional Use Permit (CUP) is required for use of the Cluster Subdivision Provision. All cluster subdivision proposals shall meet the requirements of this Section and be reviewed through the CUP process pursuant to Section 5.04 prior to application for subdivision review. A CUP granting the use of a cluster subdivision shall comply with the provisions of this Section and the provisions of Section Application Requirements. The following material shall be submitted for Conditional Use Permit (CUP) review of cluster subdivision: 1. Demonstrate compliance with cluster provisions and criteria of this Section. 2. Provide a site plan or layout that identifies lot sizes, access, building sites, surface water, wooded area, and ridgelines. 3. If an open-space tract is created, provide a plan for its use that includes irrigation uses. 4. If an open-space tract is created, provide draft copies of proposed deed restrictions that specify use of and any remaining development rights; ensures the perpetuity of the open space designation; specifies any restricted uses Approval. The County Commission shall approve a Conditional Use Permit (CUP) for the use of Cluster Subdivision Provision if it complies with the provisions, criteria, and requirements of this Section and the general CUP criteria of Section Expiration. Subdivision of land is subject to review and separate application pursuant to the Gallatin County Subdivision Regulations. An approved Conditional Use Permit Reese Creek Zoning District Regulations and Map 38

40 (CUP) permitting the use of the Cluster Subdivision Provision shall expire two (2) years from its approval date if a Preliminary Plat application for subdivision (that corresponds with the location, design, density, and number of lots of the approved CUP) has not been submitted to the County Planning Department. Reese Creek Zoning District Regulations and Map 39

41 4.02 Transfer of Development Rights (TDR) Option County Transferable Development Rights Program. When these Regulations took effect Gallatin County had not created a Transferable Development Rights (TDR) program. The Reece Creek Advisory Committee proposed a TDR program. The proposed Reese Creek Zoning District TDR language is included in Appendix C of these Regulations. Appendix C provides a mechanism to create sending areas within a TDR program. Entitlements contained in Appendix C will not vest until Reese Creek Zoning District is part of a TDR program where the County Commission has established at least one County zoning district with receiving areas. Reese Creek Zoning District Regulations and Map 40

42 5.00 ADMINISTRATIVE PROVISIONS 5.01 Administration Intent. The intent of these Regulations is to regulate and promote orderly development Zoning Enforcement Agent. The Zoning Enforcement Agent supervises and enforces the provisions of these Regulations pursuant to MCA This consists of, but is not limited to, issuing land use permits, enforcing violations and reviewing applications for conditional use permits, variances, rezoning requests and amendments to these Regulations Code Compliance Specialist. The Code Compliance Specialist ensures compliance with the provisions of these Regulations in conjunction with the Zoning Enforcement Agent. This consists of, but is not limited to, revoking land use permits, issuing cease and desist orders, requiring removal/ dismantling of structures, determining compliance with these Regulations, and issuing fines. All decisions made by the Code Compliance Specialist follow the same administrative and appeals procedures as that of the Zoning Enforcement Agent Advisory Committee. The County Commission may create a non-remunerative advisory committee, of up to five (5) members, to make recommendations within the District. Members are freeholders in the District. Advisory Committee members are appointed for two- (2) year staggered terms. Initially, two (2) members are appointed for one- (1) year terms and three (3) members are appointed for two- (2) year terms. Advisory Committee recommendations are advisory only and are not binding upon the Commission. Advisory Committee meetings are open to the public and noticed accordingly. The Advisory Committee may also notify the Zoning Enforcement Agent of alleged violations within the District Board of Adjustment. Pursuant to , MCA, the County Commission shall appoint a five-member Gallatin County Consolidated Board of Adjustment ( BOA ). The Gallatin County Consolidated BOA shall have jurisdiction over all matters within the Reese Creek Zoning District within the BOA s powers. Those powers shall be: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these Regulations. 2. To hear and decide variances (special exceptions) to these Regulations that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these Regulations will result in an unnecessary hardship, and so that the spirit of these Regulations is observed and substantial justice done. (Amended: County Commission Resolution No ) Reese Creek Zoning District Regulations and Map 41

43 3. In exercising the above mentioned powers, the BOA may, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or administrative determination made by the Planning Director appealed and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all of the powers of the officer from whom the appeal is taken, (MCA ). The concurring vote of three members of the BOA shall be necessary to grant a variance, reverse any order, requirement, decision, or determination of any such administrative official (MCA ) County Planning Board. The 11-member Gallatin County Planning Board (Planning Board) consists of resident freeholders serving in an advisory capacity to the County Commission. The Planning Board s role is to make recommendations on the revision of boundaries and the amendment of regulations (MCA and MCA ) County Commission. The County Commission reserves the right to, after public notice and hearing, deny, approve or conditionally approve all conditional use applications Schedule of Fees. The County Commission sets fees for all applications; including but not limited to land use permits, zone changes, conditional use permits, and variances. The County Commission will not take action on an item until fees are paid in full. Fees are non-refundable. Reese Creek Zoning District Regulations and Map 42

44 5.02 Non-Conforming Lots, Uses and Structures Intent. Within the districts established by these Regulations, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before these Regulations were adopted or amended, but which would be prohibited, regulated or restricted under terms of these Regulations or future amendments. It is the intent of these Regulations that non-conformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same District. Non-conforming uses are declared by these Regulations to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in these Regulations shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction lawfully began prior to the effective date of adoption or amendment to these Regulations and which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently Non-Conforming Parcels of Record. In any District, structures permitted in said district may be erected on any non-conforming parcel which was of record on the effective date of these Regulations. All other requirements and restrictions of the District apply to a parcel of record that does not meet parcel area requirements. A non-conforming parcel of land shall not be divided. A non-conforming parcel of land may be increased or decreased in size only if done in compliance with the requirements of sections , , or of these Regulations Non-Conforming Uses of Land. Where at the time of the adoption of these Regulations lawful use of land exists which would not be permitted by theses Regulations, the use may be continued so long as it remains otherwise lawful, provided: 1. A legal non-conforming use shall not be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these Regulations. 2. A legal non-conforming use shall not be moved in whole or in part to any portion of the lot or parcel not occupied by such use at the effective date of adoption or amendment of these Regulations. 3. If any such non-conforming use of land ceases for any reason for a period of more than 24 months, any subsequent use of such land shall conform to these Regulations classified by these Regulations for the District in which the land is located. If a seasonal use ceases for the use of two (2) consecutive seasons, then subsequent use of such land shall conform to these Regulations. Reese Creek Zoning District Regulations and Map 43

45 4. Any non-conforming use of land superseded by a permitted use shall thereafter conform to these Regulations of the District in which it is located and the nonconforming use may not thereafter be resumed Non-Conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of these Regulations that could not be built under the terms of these Regulations by reason of restriction on parcel, area, height, yards, its location on the parcel, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. A legal non-conforming structure shall not be altered or enlarged in any way, which increases its non-conformity however, any structure or portion thereof may be altered to decrease its non-conformity without approval from the County Commission. 2. Should such non-conforming structure or non-conforming portion of a structure be destroyed by a catastrophic event, it may be reconstructed if it is rebuilt in substantially the same manner as it existed prior to destruction and does not require prior approval by the County Commission. Any use or structure which is not substantially the same as the original use or structure shall conform with the applicable provisions of these Regulations and applicable federal, state, and local building codes. 3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to these Regulations. 4. Any legal non-conforming structure altered to conform to the regulations of the District in which it is located shall thereafter remain in conformance with these Regulations. 5. Property owners of legally existing non-conforming structures may apply for a Conditional Use Permit (CUP) pursuant to Section 5.04 for approval to change, alter, enlarge, or expand a non-conforming structure prior to changes to the nonconforming structure Non-Conforming Uses of Structures. If a lawful use of a structure, or of structures and premises exists at the effective date of adoption or amendment of these Regulations that would not be allowed in the District under the terms of these Regulations, the lawful use may be continued so long as it remains otherwise lawful provided that: 1. An existing structure devoted to a legal non-conforming use shall not be enlarged, extended, constructed, or structurally altered. A non-conforming use of a structure may change to a permitted use. 2. Any non-conforming use may be extended to any other part of a structure designed for such use, but no such use may be extended in any way to occupy land outside the structure. Reese Creek Zoning District Regulations and Map 44

46 3. Any legal non-conforming use superseded by a permitted use shall thereafter conform to the regulations of the District in which it is located and the nonconforming use may not thereafter be resumed. 4. If a non-conforming use of a structure ceases for a period of more than 24 months, except for seasonal uses, any subsequent use of such structure shall conform to the regulations of the District in which it is located. If a seasonal use ceases for the use of two (2) consecutive seasons, then subsequent use of land shall conform to regulations of the District in which it is located. 5. If a non-conforming use is destroyed by catastrophic event, it may be reconstructed if it is rebuilt in substantially the same manner, as it existed prior to destruction. Reconstruction of a non-conforming use does not require prior approval of the County Commission. Any use that is not substantially the same as the original use shall conform with the applicable provision of these Regulations and applicable federal, state, and local building codes Repairs and Maintenance. On any non-conforming structure or portion of the structure containing a non-conforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of non-load-bearing walls, to the extent not to exceed 15 percent of the replacement value of the building in any one (1) year, provided that such work does not increase the cubic content of the building. The 15 percent does not apply to an interior or exterior remodel that does not increase the cubic content or increase the building footprint of the structure. Nothing in these Regulations shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official or other person qualified to make such a declaration Determination of Status of Non-Conforming Land Uses and Structures. It shall be the responsibility of the Zoning Enforcement Agent and Code Compliance Specialist to determine the status of non-conforming land uses and structures. If the Zoning Enforcement Agent determines that a use or structure meets the applicable criteria in these Regulations and above, the use or structure shall be deemed an Approved Non- Conforming Land Use or Approved Non-Conforming Structure. The following procedures shall be followed to determine the status of non-conforming land uses and structures. 1. The owner of record of the subject use or structure shall make an application for a determination of the status of a land use or structure. 2. It shall be the burden of the applicant to prove entitlement to approved nonconforming status by furnishing the Zoning Enforcement Agent and Code Compliance Specialist with a preponderance of supporting information. Such information shall include, but not be limited to, septic or sewer hook-up permits, building permits, business licenses, knowledge of the past history of the site and dated photographs. Reese Creek Zoning District Regulations and Map 45

47 3. The Zoning Enforcement Agent and Code Compliance Specialist shall determine on a case-by-case basis whether a land use or structure is an existing non-conforming use or existing non-conforming structure. 4. Appeals of the Zoning Enforcement Agent and Code Compliance Specialist's decision may be made in accordance with the provisions of the Appeals Process, Section The Zoning Enforcement Agent and/ or Code Compliance Specialist shall maintain a record of existing non-conforming uses and structures as such information becomes available. Reese Creek Zoning District Regulations and Map 46

48 5.03 Land Use Permits Intent. Land Use Permits are required prior to construction of structures within the District, except those structures exempt by these Regulations. An approved Land Use Permit shows conformity with these Regulations Process. Landowners shall submit Land Use Permit applications (with accompanying fee) to the Planning Department for new structures as defined by these Regulations. The Zoning Enforcement Agent inspects applications to determine if projects comply with provisions of these Regulations Exempt Structures: Qualified accessory structures used exclusively for agricultural purposes are exempt from the Land Use Permit requirements and the maximum structure height standards; however all accessory structures shall comply with the setback requirements Septic Permits. Landowners shall provide proof of septic or sewer permits with those projects, which contemplate new facilities or extension of existing facilities Appeals. Appeals of Zoning Enforcement Agent decisions may be submitted under the Administrative Appeal Process Expiration. Land Use Permits expire if building or work authorized by the permit has not commenced within twelve (12) months from the original permit date and if work authorized by the permit is not completed within twenty-four (24) months of the original permit issuance date. Landowners must obtain a new permit to re-commence work Appeals. An appeals process is provided in Section Reese Creek Zoning District Regulations and Map 47

49 5.04 Conditional Use Permits Intent. A Conditional Use Permits (CUP) is required prior to operation of a use that is not a principal use, but allowed conditionally under these Regulations Requirements. Structures or land within the District may not be used for any purpose unless such use is specifically listed as a principal use or conditional use in these Regulations. The County Commission may grant a conditional use when they find that: 1. The use conforms to the objectives of the Gallatin County Growth Policy and the intent of these Regulations. 2. The use will not adversely affect nearby properties or their occupants. 3. The use meets density, and all other regulations of the District in which it is located, unless otherwise provided in these Regulations. 4. A public hearing, after notice has been given, has been held Conditional Approval. The County Commission may make the granting of a CUP subject to reasonable limitations or conditions as it may deem necessary to enhance the appearance of the property, to reduce any adverse effects on nearby property or residences, to preserve the character of the area or to make it more acceptable in other ways. The conditions may include but not be limited to the following: a. Landscaping and its maintenance. b. Regulation of height. c. Regulation of lighting. d. Regulation of odors, smoke, dust, airborne particles, vibration, glare, heat and noise. e. Regulation of placement of uses on the property. f. Regulation of signs. g. Regulation of the length of time such use may be permitted. h. Regulation of the nature and extent of the use. i. Regulation of time of activities that have off-site impacts. j. Regulation of vehicular ingress and egress. k. Requirement for dedication or improvements of rights-of-way. l. Requirements for restoration of property. m. Special setbacks, yards, open spaces, buffers, fences and walls. n. Appropriate fire mitigation. o. All public occupancy structures shall demonstrate compliance with applicable state and local fire, safety, and occupancy codes. p. Time schedule of proposed development. q. Impacts of increased traffic. Reese Creek Zoning District Regulations and Map 48

50 Procedure. All CUP applications shall be submitted to the Planning Department on the required form with the accompanying fee. A hearing on the matter is scheduled before the County Commission and they shall either approve or deny the application based on the facts. The County Commission may impose reasonable conditions, as it may deem necessary to mitigate project impacts. Use cannot commence until all conditions have been met Notice. Notice of the public hearing shall be published at least once fifteen (15) days prior to the hearing in a newspaper of general circulation. Adjacent property owners shall be noticed by certified mail Issuance of Land Use Permits. No land use permit shall be issued other than in accordance with the conditions and terms of the conditional use permit. No land use permit shall be issued until time for appeal on a conditional use permit has elapsed, or if an appeal has been filed, the appeal has been decided Revocation or Modification. The County Commission may revoke or modify a CUP under the following circumstances (under the procedure described above): 1. If circumstances have changed substantially since original approval. 2. Revocation or modification is necessary to protect the health, safety, or welfare of the area, or is necessary to preserve the integrity of existing use patterns in the area. 3. The person holding the permit has not complied with the required conditions, or has not materially changed their position by detrimentally relying on said permit Expiration/ Extensions. The County Commission may issue a CUP for a definite term. Extensions can be obtained through written application made thirty (30) days prior to expiration, with accompanying fee, and notification sent to adjacent property owners. An extension shall be granted if no objection is received. A public hearing will be held if objection is received. Reese Creek Zoning District Regulations and Map 49

51 5.05 Natural Resources Conditional Use Permit Natural Resources Conditional Use Permit (CUP) Requirements. In addition to any applicable requirements in Section 5.04, any natural resource development or mining (such as exploration, development, and recovery operations relating to oil and gas, coal bed methane production including test wells, production wells, compressor stations, etc.; commercial quarries; surface and underground mining; and commercial logging or timber harvest) shall require review under the Natural Resources CUP process described in these Regulations. The County Commission may grant such permit only if it is found that: a. The use conforms to the objectives of the Gallatin County Growth Policy and the intent of these Regulations. b. The use will not adversely affect nearby properties, residents, groundwater, streams and wetlands. c. That non-renewable resource exploration and development occurs in a responsible manner. d. The use contributes and guarantees payment of an appropriate share of the costs for public services and facilities. e. That adequate financial security, as determined by the Gallatin County Attorney, has been provided to mitigate any such adverse effect. f. The use meets density, coverage, yard, height, and all other regulations of the District in which it is located, unless otherwise provided in these Regulations. g. The use meets all other applicable federal, sate, and local regulations. h. A public hearing, after notice has been given, has been held Preliminary Application. Applicant shall submit a preliminary application, accompanied by the appropriate fee, to the Planning Department, including all required components as follows: 1. Twelve (12) copies of a completed conditional use permit application form and an Initial Development Plan, prepared by the applicant or applicant s agent. Said plan, which shall be the preparatory basis for the Environmental Impact Study, shall address all of the following: a. Cover letter describing project and submittal material. b. Copy of all associated mineral leases. c. Copy of all applicable orders from the Montana Board of Oil and Gas Conservation, and with associated stipulations. d. Name and location of all water wells, springs, and surface water within a one-and-half mile radius of proposed site. e. Detailed site inventory map and site development plan (1 = 50 ), to include all existing and proposed structures, well pad location(s), rightsof-way, fencing, lighting, pipelines, pertinent surface features, areas of wildlife and wildlife habitat, and all development and mitigation measures associated with the application. Applicant shall submit color photos of well location and of area from proposed well to north, south, east, and Reese Creek Zoning District Regulations and Map 50

52 west. f. Complete written description of project including but not limited to: proposed hours of operation; duration of project; operation of project, including staffing schedule(s) and estimated trips per day; traffic study and/ or other information as required by the Gallatin County Road and Bridge Superintendent; fire and disaster mitigation plan(s); etc. g. An approved Noxious Weed Control and Revegetation Plan through the Gallatin County Weed Control District. h. Plans for reclamation of all disturbances associated with the project(s). i. Any additional information as deemed necessary by the Planning Department during the Planning Department s initial review. 2. Name and address of all property owners within one-and-a-half mile radius of proposed project, including postage for certified mailto each address Final Application. Applicant shall submit a Final Application to the Planning Department, accompanied by applicable fee. The Final Application shall include a completed conditional use permit application, a Final Development Plan, an Environmental Impact Statement (EIS), conducted by a third-party Montana State licensed professional engineer (PE) qualified to evaluate the project s impacts, at the applicant s expense; and all Performance Bonds and other securities and fees as indicated below. 1. Applicant shall provide the Final Development Plan based on information provided in the EIS. The Final Development Plan shall: a. Provide evidence of the fee simple surface owner s consent. b. Document plans to protect property values of surrounding properties. c. Document plans for fire protection and emergency response. d. Document adequate water quantity for the project. e. Demonstrate plans for protecting surface and ground water quality. f. Demonstrate plans for conservation of important fish, wildlife and plant habitat. g. Demonstrate plans for compliance with local, state and federal air quality regulations and/ or standards. h. Demonstrate plans for landscaping and its long-term maintenance so as to limit soil erosion and be in compliance with all local, state and federal soil management and conservation regulations and/ or standards. i. Demonstrate plans to comply with all applicable weed control regulations. j. Include a schedule of phased-in development to diffuse impacts over time. k. Demonstrate plans for compliance with MCA and MCA , and any other applicable local, state and federal laws regarding disposal of all ground water involved with the project. l. Demonstrate plans for sufficient reclamation for any and all disturbances associated with the project(s). Reese Creek Zoning District Regulations and Map 51

53 2. The EIS shall include: a. Appraisal of current property values for all properties within one-and-a-half miles of the boundaries of the proposal. b. An analysis of effects of proposed development on fire and emergency response systems. c. Thorough collection of fish, wildlife and plant inventories within the proposal s boundaries. d. Collection of baseline data of existing surface and ground water quality and quantity. e. Collection of baseline data of existing air quality. f. Collection of baseline data of existing noise levels. g. An analysis by a qualified person or entity of the Final Development Plan s specific measures to protect and conserve: (1) property values; (2) water quality and quantity; (3) agricultural and conservation usage; (4) plant and wildlife habitat; (5) air quality; and (6) noise levels. h. A monitoring schedule for effective third party monitoring, on at least a monthly basis, by a State of Montana licensed and bonded environmental engineer, of all development, as stated in the submitted Final Development Plan. The County Commission shall approve the monitoring schedule. The licensed and bonded, environmental engineer third party monitor shall be agreed upon by the County Commission and the applicant. The Monitoring Schedule shall contain al the requirements listed in Section Monitoring Schedule. The Monitoring Schedule must provide a mechanism for prompt notification to any and all local, state, and federal agencies involved in any permit or certification required for the proposal. The purpose of such notification is to ensure adequate enforcement of existing local, state, and federal laws and regulations to protect private property and other rights of Montana citizens and Montana s natural resources. The Monitoring Schedule shall require the applicant prepare and submit to the Planning Department a Monthly Monitoring Report. 1. The Monthly Monitoring Report shall include a description of all data collected during the period, as well as data trends collected over time, detailed descriptions of any and all spills, leaks, contaminations, regardless of whether the spill, leak, or contamination is a violation of local, state, or federal laws or regulations. The Monthly Monitoring Report shall also include a detailed description of any violation of local, state, or federal laws or regulations and any corrective action taken. The Monthly Monitoring Report shall be a requirement of conditional approval and the failure to supply Monthly Monitoring Report(s) may be grounds for revocation of a Natural Resources CUP. Reese Creek Zoning District Regulations and Map 52

54 Conditional Approval. Final Application for a Natural Resources CUP may be approved, conditionally approved or denied by the County Commission. If a Final Application is denied, the denial shall constitute a finding that the applicant has failed to sufficiently demonstrate that the conditions required for approval do exist. The County Commission shall make the granting of the Natural Resources CUP subject to reasonable limitations or conditions as it may deem necessary to protect the health, safety and welfare of the citizens of the County and District; to mitigate or avoid any and all adverse impacts on nearby property, residents, groundwater, streams and wetlands; to ensure that resource exploration and development occurs in a responsible manner and contributes and guarantees payment of an appropriate share of the costs for public services and facilities; and to make the proposed Natural Resource conditional use more compatible and consistent with the Reese Creek Zoning Regulations and the Gallatin County Growth Policy. Said conditions may include but not be limited to the following: a. Specific requirements for vehicular ingress and egress. b. Specific requirements of hours of operation. c. Specific requirements for the discharge of groundwater and surface water. d. A fee for discharged effluent, based upon one and one-half times the total estimated or actual costs of all environmental cleanup or mitigation performed by or for any public agency, in order to achieve compliance with these Regulations. e. Specific requirements for control of odors, smoke, dust, airborne particles, vibration, glare and noise emissions from point and non-point sources. f. Specific requirements for placement and height of structures required for the conditional use on the subject property. g. Specific requirements for dedication, improvements and/ or maintenance of rightsof-way. h. Limitation of length of time or term such conditional use may be permitted. i. Conditions for the approval may include changes to the Development Plan based upon information and data from the ElS and the public hearing(s) and the written comments from the public, so as to improve environmental and property protection. j. The County Commission shall impose conditions requiring the applicant to use best available low-impact technologies, such as aquifer recharge, clustered development, directional drilling, mufflers for compressor stations, discharge water desalination, infiltration or treatment, etc., to minimize impacts on underground water reserves, rivers and streams, and surface resources. k. The County Commission shall impose conditions requiring the applicant to guarantee complete reclamation of all disturbed areas. This guarantee shall be accomplished by requiring, in addition to the Monitoring Performance Bond, supra, an applicant for any mineral, oil and gas exploration or extraction, along with all contactors and subcontractors to post separate site-specific performance bonds for each tract of property affected by the proposed Natural Resources CUP. Said performance bonds shall be approved by the Gallatin County Attorney, payable to Gallatin County, and shall be equal to or greater than the current value of the property plus the potential cleanup cost of any resultant air, land or water pollution or degradation, as estimated by the required Development Plan and Environmental Reese Creek Zoning District Regulations and Map 53

55 Impact Study. Failure to maintain adequate performance bonding shall be cause for revocation of the Natural Resources CUP Expiration/ Extension. The County Commission may issue a Natural Resources CUP for a definite term. Extensions can be obtained through written application with accompanying fee made at least thirty (30) days prior to expiration. A public hearing will be held and adjacent property owners will be notified by certified mail. Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation. Reese Creek Zoning District Regulations and Map 54

56 5.06 Variances Intent. It is the intent of this section to provide a process for relief from the occasional inequities created by the physical standards of these Regulations when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of the property owing to physical circumstances unique to that parcel. In addition, the intent of this section is to prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety and welfare. No variance shall be granted to allow the use or development of property for a purpose not authorized within the zone in which the proposed development would be located Criteria. In granting a variance, the Board of Adjustment (BOA) shall issue findings setting forth factual evidence that the variance: 1. Will observe the intent and purpose of these Regulations, including the Gallatin County Growth Policy, and do substantial justice. 2. Will not be injurious to the public health, safety, and general welfare. 3. Will not be contrary to and will serve the public interest. 4. Is necessary, owing to conditions unique to the property, to avoid unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of these Regulations: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include slope, presence of watercourses, after-the-fact imposition of additional regulations on previously lawful parcels, and governmental actions outside of the owner s control. 5. Is the minimum relief necessary to provide reasonable use of the property Procedure. All variance applications shall be submitted to the Planning Department on the required form with the accompanying fee. A hearing on the matter is scheduled before the BOA, and the BOA shall either approve or deny the application based on the facts. The BOA may impose reasonable conditions, as it may deem necessary to mitigate project impacts. The concurring vote of three members of the BOA shall be necessary to decide in favor, wholly or partly, of any variance from these Regulations Notice. Notice of the public hearing shall be published at least once fifteen (15) days prior to the hearing in a newspaper of general circulation. Adjacent property owners shall be noticed by certified mail. Reese Creek Zoning District Regulations and Map 55

57 5.07 Amendments Intent. These Regulations and the boundaries of the zoning map may be amended or revised whenever the public health, safety and general welfare requires such amendment. Amendments shall follow the procedure prescribed by MCA et seq.), and these Regulations Procedure. An amendment may be initiated by submittal of one of the following to the Planning Department: 1. The petition of (1) or more landowners in the District. The petition shall be filed on the required application and accompanied by the required fee; or 2. Resolution of intention of the County Commission; or 3. Resolution of intention of the Planning Board Planning Board. The Planning Board shall make recommendations on the revision of boundaries and the amendment of these Regulations to the County Commission Hearing. The County Commission shall consider all proposed amendments at a public hearing. The County Commission may adopt the amendment in accordance with the procedure prescribed by MCA Notice. Notice of the public hearing shall be published in a newspaper of general circulation pursuant to MCA Reese Creek Zoning District Regulations and Map 56

58 5.08 Appeals Process Intent. To provide legal remedy processes for those aggrieved by decisions made in compliance of these Regulations Appeals to the Board of Adjustment (BOA). Pursuant to MCA , those aggrieved by Zoning Enforcement Agent s and/ or Code Compliance Specialist s decisions may submit written appeals specifying grounds thereof to the BOA. Appeals must be filed within thirty (30) days of the Zoning Enforcement Agent s and/ or Code Compliance Specialist s written decision, and be accompanied by the appropriate fee. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Agent and/ or Code Compliance Specialist determines that a stay could cause imminent peril to life or property. Upon receipt of a written appeal, a public hearing shall be scheduled before the BOA for its next available meeting date. Notice of the hearing shall be published once in a newspaper of general circulation at least twenty-five (25) days prior to the public hearing. The BOA will accept testimony at the hearing from persons interested in the appeal, the appellant and/ or their attorney, and the Zoning Enforcement Agent and/ or Code Compliance Specialist Process and Notice. Upon receipt of the written appeal, a public hearing shall be scheduled before the BOA for its next available meeting date. Notice of the public hearing shall be published once in a newspaper of general circulation at least fifteen (15) days prior to the hearing. The BOA shall accept testimony at the hearing from persons interested in the appeal, the appellant and/ or their attorney, and the Zoning Enforcement Agent and/ or Code Compliance Specialist Board of Adjustment Appeals to District Court. Pursuant to MCA , those aggrieved by the BOA s decisions may present to the Eighteenth Judicial District Court a petition, dully verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after filing the BOA s minutes or decision in the Planning Department Board of County Commission Appeals to District Court. Those aggrieved by a decision made by the County Commission may present to the Eighteenth Judicial District Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days of a decision made by a County Commission at a public hearing. Reese Creek Zoning District Regulations and Map 57

59 5.09 Complaints and Enforcement Intent. It is the duty of the Planning Board, the County Commission, its officers, agents and employees to enforce the provisions of these Regulations Complaints. Any person may file a signed, written complaint with the Zoning Enforcement Agent and/ or Code Compliance Specialist addressing a violation of these Regulations. The complaint shall fully describe the facts supporting the complaint. Upon receipt of a written, signed complaint, the Zoning Enforcement Agent and/ or the Code Compliance Specialist shall record and investigate the complaint, and determine if a violation exists. If the Zoning Enforcement Agent and/ or Code Compliance Specialist determine a violation exists, then they shall take the appropriate action to resolve the violation. The name of the person filing the complaint shall remain confidential until the violation is resolved and/ or there is a public hearing on the matter Investigations. When investigating an alleged violation, the Zoning Enforcement Agent and/ or Code Compliance Specialist shall review these Regulations and other applicable public information regarding the alleged violation. The Zoning Enforcement Agent and/ or Code Compliance Specialist may perform an inspection of the alleged violation from a public road or from a neighboring property where permission has been granted for access. The Zoning Enforcement Agent and/ or Code Compliance Specialist may also notify the alleged violator and request access for an inspection. If access is denied, the investigator may seek an administrative warrant. Permission for access is assumed in the event an alleged violator has a pending permit application on file with the Planning Department. The investigator shall document the inspection with written notes and/ or photographs as appropriate Administrative Remedies. Pursuant to MCA , and with reasonable cause, and in addition to those remedies provided by law, the Zoning Enforcement Agent and/ or Code Compliance Specialist may revoke any land use permit, issue cease and desist orders requiring cessation of any building, moving, alteration or use which is in violation of these Regulations, and/ or require mitigation and/ or corrective action, which may include dismantling or removal of non-compliant structures, to remedy the violation Administrative Fine. In addition to the above, and upon a recommendation from the Zoning Enforcement Agent and/ or Code Compliance Specialist, the County Commission may after a public meeting, dully notice, assess violators fines of up to $500 per violation for noncompliance. Each day of violation may be considered a separate offense. When determining the amount and duration of the fine, the County Commission shall consider the nature, circumstances, extent and gravity of the violation, any prior history of such violations, the degree of culpability, and such other matters as justice may require. In addition, the violator may be required to pay Reese Creek Zoning District Regulations and Map 58

60 administrative costs associated with the investigation. If the fine in not paid, it shall become a lien upon the property Criminal Penalty. Pursuant to MCA , a violation of these Regulations, a permit issued under these Regulations, any condition imposed through the authority of these Regulations, or any variance granted through these Regulations shall constitute a misdemeanor. A violator may be imposed a fine up to a maximum of $500 per violation, or imprisoned in the county jail for a term not to exceed six (6) months or both Injunction. After the exhaustion of administrative remedies, the County Attorney, in conjunction with the Zoning Enforcement Agent and/ or Code Compliance Specialist, may bring an action in the name of the County of Gallatin in the District Court to enjoin any violations of these Regulations. The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent or other person/ entity who commits, participates in, assists or maintains such violation may be held accountable for a separate violation Remedies, Cumulative. The remedies provided for herein shall be cumulative and not exclusive. Reese Creek Zoning District Regulations and Map 59

61 6.00 DEFINITIONS 6.01 Definitions and Glossary Intent. For the purposes of these Regulations certain words and terms used herein as defined. All words used in these Regulations shall be first defined as provided herein, and, if not defined herein, shall be defined in the Gallatin County Growth Policy and, if not defined therein, shall have their customary dictionary definitions The Rules of Interpretation. The following rules of interpretation and definitions apply to the definitions for the Reese Creek Zoning District. The Rules of Interpretation include: (1) the present tense includes the future tense; and (2) all words in the plural number include the singular number unless the natural construction of the wording indicates otherwise; and (3) the word shall is always mandatory; and (4) the word person includes a firm, association, organization, partnership, trust, company or corporation as well as individual or individuals; and (5) the word used as applied to any land or structures, shall be construed to include the words intended, arranged, or designed to be used, or occupied. -A- Accessory Use. A subordinate use of land which is customarily incidental to the principal use of the land. Acre. A measure of land area containing 43,560 square feet. Agriculture. The use of the land for grazing and cropping to produce food, feed, and fiber commodities. Examples may include: cultivation and tillage of the soil; dairying and animal husbandry; growing and harvesting of agricultural and horticultural commodities; and the raising of livestock, bees or poultry. Not including any agriculture industry or business such as game farms, fur farms, animal hospitals, commercial dog kennels, horse stables, riding arenas, and animal feeding operations or similar uses. Agricultural Water User Facility. Facilities which include but are not limited to ditches, pipes, and other water conveying facilities, which provide water for irrigation and stock watering on agricultural lands. Agricultural Lands. Bona fide agricultural lands are those classified and assessed at a value that is exclusive of values attributed to urban influences or speculative purposes, MCA ; and is land that is not devoted to a residential, commercial, or industrial use, MCA Agricultural Structures, Exempt. All agricultural structures used exclusively for agricultural purposes on qualified agricultural lands. Reese Creek Zoning District Regulations and Map 60

62 Aliquot. An equal division of a government section in quarters as described by the Manual for Survey of the Public Lands of the United States. Alteration. Change or rearrangement of the structural parts of existing facilities, or enlargement by extending the sides or increasing height or depth, or moving from one location to another. Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements of the International Building Code, located in an apartment building or used for residential purposes. Efficiency units and studios qualify as an apartment. Approved Subdivision. A subdivision of land, which has received approval from MDEQ and has a Release of Sanitary Restriction (RSR) or Certificate of Subdivision Approval Statement filed in the Covenants and Restriction. Artist Studio, Individual. The use of premises by an artist, artisan, craftsperson engaged in the application, teaching, or performance of fine arts such as but not limited to dance, vocal or instrumental music, creative writing, painting, drawing, pottery, sculpture, video, still photography, foundry, welding, etc., including the sale of art produced on the premises. Automobile Gas Station. Any building, structure, or area of land used for retail sale of automobile fuels, oils, and accessories. May include sale of propane or kerosene as accessory uses. Automobile Repair, Minor. As a home-based business for the replacement of any part or repair of any vehicle; incidental body and fender work, minor painting and upholstering service to motorcycles, snowmobiles, and passenger automobiles and trucks not in excess of 7000 pounds gross weight. -B- Base Flood. A flood having a one percent chance of being equaled or exceeded in any given year. A base flood is the same as a 100-year flood. Base Flood Elevation. The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. Basement. A portion of a structure located partially underground and having more than half its floor-to-ceiling height below the average grade of the adjoining ground. Bed and Breakfast Inn. A dwelling unit serving guests on a nightly basis, used as the primary residence of the owner; and serving meals to overnight guests only. Reese Creek Zoning District Regulations and Map 61

63 Bedroom. Any room used for sleeping, with a closet, a door and an ingress/ egress window in conformance with the International Building Code (IBC). An unfinished basement shall be considered as an additional bedroom. Berm. A mound of earth used to shield, screen, and buffer undesirable views and to separate incompatible land uses. Board of Adjustment. A five-member board appointed by the County Commission to hear and decide variances and to hear administrate decision appeals within a zoning district created pursuant to MCA Building Envelope. The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and between ground level and the maximum allowable building height, constitutes the area available for potential building construction. Building Height. The vertical distance measured from the lowest point of elevation of the finished surface of the ground (including window wells, stairwells, or other similar features; excluding features such as usable patio areas) to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one foot for every one foot in grade difference up to a maximum of six additional feet. Business or Commerce. Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices or recreational or amusement enterprises. -C- Caretaker. A person who is employed (compensation may be in the form of free housing) to watch over and perform routine maintenance of a ranch, home, or business. Caretaker s Residence. Dwelling unit for the family of a person who takes care of the property of an owner who may be absent. Caretaker residences may be located within a singlefamily dwelling unit, above a garage, within or above an accessory building, or as a separate living unit on a parcel with an existing dwelling unit. Campground. Land which is used or intended to be used, let, or rented for temporary occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters. Reese Creek Zoning District Regulations and Map 62

64 Certificate of Occupancy (C of O). A document issued by the Zoning Enforcement Agent allowing the occupancy or use of a building in compliance with all applicable zoning regulations. Certificate of Survey (COS). A drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. Certificate of Occupancy. A certificate issued by the Zoning Enforcement Agent, which certifies that a structure is in accordance with the applicable zoning regulations and permits occupancy. Church. See Worship. Cluster Development. A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open spaces and/or preservation of environmentally sensitive features. Code Compliance Specialist. The duly authorized agent appointed by the County Commission, pursuant to MCA , who in conjunction with the Zoning Enforcement Agent ensures compliance with the provisions of these Regulations. Commission, Gallatin County. The elected Board of County Commissioners for Gallatin County, Montana and the governing body of Gallatin County planning and zoning. Community Character. The image of a community or area as defined by such factors as its built environment, natural features, open space elements, type of housing, architectural style, infrastructure, and the type and quality of public facilities and services. Compatible Land Uses. The characteristics of different uses, activities or by design which allow them to be located or adjacent to each other in harmony and without conflict. Compatibility allows development that maintains the character of existing development or land uses. Comprehensive Plan. A general plan which includes any document or portion of any document duly adopted by the governing body which is intended to guide growth and development in an area. The terms general plan, master plan, and comprehensive plan are interchangeable. (See Gallatin County Growth Policy). Conditional Use. A use which is allowed conditionally within a district granted it meets specified design standards and certain criteria. Conforming Use. Any use allowed by the regulations as a permitted use or conditional use. Conservation Easement. Property owner s voluntary conveyance of a property right or partial legal interest in land to a unit of government or qualified private organization stipulating Reese Creek Zoning District Regulations and Map 63

65 that the described land shall remain in perpetuity, or for a minimum 15-year term (MCA ), in its natural and open state, precluding future or additional development subject to the terms of the agreement. Convenience Store. Any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood. May include the sale of fuel and gasoline. Corral. A pen or enclosure for confining or capturing livestock. Covenant. A recorded agreement stating certain activities and/ or practices that are required or prohibited. Subdivision covenants are not enforced by the Gallatin County Planning department. Cut and Fill. The excavating of material in one place and depositing of it as fill in an adjacent place. -D- Day Care Center. A place in which supplemental care is provided for 13 or more nonresident persons on a regular basis and which is licensed by the State of Montana. Day Care Home, Family. A private residence in which supplemental care is provided to three to six nonresident persons (child or adult) from separate families on a regular basis and which is registered by the State of Montana. Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the use to which the property has been devoted. Deed. A legal document conveying ownership of real property. Defensible Space. A designated area around a home or other structure the size of which is dependent on the vegetation, proximity of tree crowns, slope and distance to adjacent buildings. Within this area all weeds, dry grass, slash, flammable debris and flammable fuel is removed. This managed buffer surrounding buildings and structures, is designed to reduce the chances of a fire spreading to or from the buildings or structures. Density. The amount of residential development permitted on a given parcel of land. Density, Base. The maximum number of dwelling units permitted outright by a particular landuse classification. Reese Creek Zoning District Regulations and Map 64

66 Density, Bonus. The granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amentias from a public perspective such as open space. Density, Gross. A calculation that divides the total residential units by the total area to be developed, excluding nothing. Density, Net. A calculation that divides the total residential units by the total residential area to be developed (which is the total area to be developed excluding certain areas such as roads, easements, water area, lands with environmental constraints, and other uses). Developer. Any person, firm, or corporation, or any other entity involved in the physical development of any land. Development. Any manmade change to improve or alter real estate, including but not limited to subdivision of land, buildings, or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations. Development Regulation. Any zoning, subdivision, site plan, official map, floodplain regulation, or other government regulation that affects the use and intensity of land development. Development Right. The right to develop property in accordance with applicable regulations. District. A part, zone, or geographical area within the county within which certain zoning or development regulations apply. District, Neighborhood Business. A small commercial area within a zoning district that provides limited retail goods and services for the nearby residential customers. Division of Land. The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to or possession of a portion of the tract or property by filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to MCA The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land. Drainage. A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping. Drainage System. The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of Reese Creek Zoning District Regulations and Map 65

67 an intermittent or continuous nature, and the manufactured elements which includes culverts, ditches, channels, retention facilities, and the stormwater sewer system. Dwelling. A structure or portion thereof providing permanent cooking, eating, sleeping and living facilities exclusively for human habitation. Dwelling, Accessory. A dwelling, subordinate to the principal dwelling, and which may be attached or detached from the principal dwelling, that provides separate and a complete living facilities which may further defined as a caretaker s residence, agricultural employee housing, guest house, or efficiency apartment. Dwelling, Attached. A one-family dwelling attached to two or more one-family dwellings by common vertical walls. Dwelling, Detached. A dwelling that is not attached to any other dwelling by any means. Dwelling, Multi-Family. A structure or portion thereof used for occupancy by two or more families living independently of each other in two or more dwelling units. Dwelling, Single-Family. A residential building or portion thereof intended for occupancy by one or more persons with complete, permanent and independent living facilities for living, sleeping, cooking, and eating; may be referred to as the principal dwelling. -E- Easement. A grant of one or more of the property rights by the property owner to and/ or for use by the public, a corporation, or other person or entity. Egress. An exit. Elevation. (1) A vertical distance above or below a fixed reference level; (2) a fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level. Employee Housing. (1) An accessory dwelling subordinate to the principal dwelling, restricted by covenant for use by persons and their families employed onsite for full-time agricultural employment; (2) A designated use to house employees within the zoning district where the unit it located. Encroachment. Any obstruction or illegal or unauthorized intrusion in a delineated floodplain, floodway, right-of-way, or on adjacent land. Enlargement. An increase in the size of an existing structure or use, including physical size of the property, structure, parking, and other improvements. Reese Creek Zoning District Regulations and Map 66

68 Environmental Assessment. A statement of the effect of proposed development, and other major private or governmental actions, on the environment. Equestrian Facility, Commercial: Commercial facilities that may include barns, stables, arenas, corrals, and paddocks for equine (horse, donkey, and mule) operations including: horse ranches, boarding stables, riding schools, equine exhibition facilities and arenas accessory to the facility uses. Equestrian Facility, Personal: The use of structures and/ or land to keep equine (horse, donkey, and mule) primarily for breeding and boarding and which operation is an incidental use of the land and/ or structures. Does not include riding arenas where events open to the public are staged. Erosion. The process by which the soil and rock components of the earth s crust are worn away and removed from one place to another by natural forces such as water, wind, ice and gravity. Essential Services (Type I). Water pumping stations; stormwater drainage facilities (including collection lines, retention/ detention ponds and drainage ways); sanitary sewer and stormwater sewer lift stations; public domestic water storage facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local electrical distribution lines and cables; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; public and amateur radio antennae and towers. Essential Services (Type II). Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public facilities (electric and gas); public treatment facilities (water, sanitary sewer and stormwater sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. Excavation, Personal. The process of altering natural (grade) elevation by any activity by which natural materials are cut, dug, quarried, uncovered, or relocated for personal use on site. Does not include ordinary gardening, ground care, or agricultural purposes. Existing Use. The use of a lot or structure at the time of the adoption of a zoning regulation. -F- Family. See Household. Farm Produce Stand. A temporary structure on the premises for the sale of locally grown produce. Reese Creek Zoning District Regulations and Map 67

69 Feed Lot. An animal enclosure where the land is not grazed or cropped annually, either a secondary or an accessory use to an agricultural operation or a primary use as in commercial feed lot. Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. FEMA. Federal Emergency Management Agency. Final Plat. The final drawing of a subdivision and dedication required by the Montana Subdivision and Platting Act to be prepared for filing with the Clerk and Recorder, and containing all elements and requirements set forth by the local governing body and the Montana Subdivision and Platting Act. Flood, 100 Year. A flood having a one-percent chance of being equaled or exceeded in any given year. A 100-year flood is the same as a base flood. Flood, 500 Year. A flood having a 0.2-percent chance of being equaled or exceeded in any given year. Flood Insurance Rate Map. The map on which FEMA has delineated both the special hazard areas and the risk premium zones. Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and or flood-related erosion hazards. Floodplain, Regulatory. Areas subject to regulation, generally adjoining a stream, which would be covered by floodwater of a base flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. Floodplain Regulation, Gallatin County. Regulations adopted in accordance with exercising the authority of the laws of the State of Montana to promote the public health, safety and general welfare; to minimize flood losses in the areas subject to flood hazards; to promote wise use of the floodplain; and to guide development of floodplain areas of the County outside the incorporated areas. Floodplain Maps, Official. The Flood Insurance Rate Maps and Flood Boundary Floodway Maps provided by FEMA (dated July 15, 1988 for incorporated areas and August 1, 1984 for unincorporated) and incorporating and approved updates and revisions. Reese Creek Zoning District Regulations and Map 68

70 Floodway. The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than one-half foot. Floodway Fringe. The portion of the floodplain that is outside the limits of the floodway. Foundation, Permanent. Support footings and bearing walls constructed of masonry or concrete, meeting the standards of the International Building Code (IBC). Frontage. The side of the lot abutting on a street; the front lot line. -G- GCCHD (Gallatin City-County Health Department). The department responsible for the regulation and approval of water and septic permits throughout the Country. Garage, Private Customer and Employee. A structure that is accessory to a non-retail commercial or manufacturing establishment or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public. Garage, Private Residential. A structure that is accessory to a residential structure and that is designed or primarily used for the storage of vehicles owned and operated by the residents thereof. Glare. (1) The reflection of a harsh, bright light with an intensity great enough to reduce a viewer s ability to see; and (2) the physical effect resulting from luminances or insufficiently shielded light sources in the field of view. Governing Body. The governing body of any governmental unit, such as Planning and Zoning Commission, Planning Board, and County Commission. Grade. (1) The lowest elevation of the land around a structure; (2) the percent of rise or decent of a sloping surface. Grade, Existing. The elevation of the ground surface in its natural state, prior to any man-made alterations such as grading, filling, or excavating. Greenhouse. A structure constructed of translucent material, which is devoted to the cultivation of plants, all or part of which are sold wholesale or retail. Ground Water. Any water beneath the land surface, bed of a stream, lake, or reservoir. Ground Water Area. An area enclosing a single, distinct body of ground water. Reese Creek Zoning District Regulations and Map 69

71 Growth Policy, Gallatin County. The official document adopted by Gallatin County and used by the local government as a general guide for development and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to guide growth and change in the unincorporated areas of Gallatin County. The required and optional elements of a growth policy are listed in MCA Guest House. An attached or detached accessory structure used to house guests of the occupants of the principal structure, and which is never rented or offered for rent. Guest Ranch. Premises used for riding, hiking, or other outdoor recreational purposes wherein the said recreationists are provided with meals and overnight accommodations. -H- High Water. The highest level reached by a body of water. Hillside Land. Land that may be subject to specific regulations due to the slope and grade. Home Based Business. A legal activity carried out for gain by a resident and up to three employees, and conducted as a customary, incidental, and accessory use in the resident s dwelling, accessory structures, and on the premises. Home Occupation. A legal activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident s dwelling. Household. (1) A person living alone; (2) any number of people related by blood, marriage, adoption, guardianship or other authorized custodial relationship; (3) two unrelated people and any children related to either of them; (4) not more than four unrelated people living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Hydrology. The science dealing with the properties, distribution, and circulation of water and snow. -I- Impervious Surface. Any material that prevents absorption of stormwater into the ground. Incidental. Subordinate and minor in significance and bearing a reasonable relationship with the primary use. Infrastructure. Facilities and services needed to sustain industry, residential, commercial, and all other land use activities. Reese Creek Zoning District Regulations and Map 70

72 Ingress. Access or entry. Irrigation District. A subdivision of government, managed by a board of directors, that supplies water to irrigators within a specified region. Irrigation Ditch. A man-made channel, which can be manually or mechanically controlled, constructed for the purpose of carrying irrigation water to a needed area. -J- Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. Junkyard. Any area, lot, land, parcel, structure, or part thereof, used for storage, collection, processing, purchase, sale, salvage, or disposal of junk. -K- Kitchen. Any room or area principally uses, intended, or designed to be used for the storage and/ or preparation of food. The presence of a range, oven, refrigeration, sink, or any combination or the utility connections suitable for servicing a range, oven, refrigerator, or sink is considered a kitchen. -L- Land Use. A description of how land is occupied or utilized. Landmark. (1) Any site, structure, or natural feature that has visual, historic, or cultural significance; (2) a permanent marker, usually called a monument, designating property boundaries. Landscape. (1) An expanse of natural scenery; (2) lawns, trees, plants, and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains, and pools. Landscape Plan. A component of a development plan which may show: proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection and irrigation of existing vegetation during and after construction; proposed treatment of hard soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the approving authority. Reese Creek Zoning District Regulations and Map 71

73 Levee. A manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding. Light Fixture, Outdoor. The fixture is an assembly that houses the lamp(s), and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/ or a refractor or lens. Light Pollution. Any adverse effect of man-made light. Lighting, Direct. Illumination resulting from light emitted directly from the light source. Lighting, Fully Shielded. (Also referred to as cutoff-type lighting) Any outdoor light fixture shielded in such a manner that all light emitted by the fixture (directly or indirectly) is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. Lighting, Indirect. Direct light that has been reflected or has scattered off other surfaces. Lighting, Outdoor. The illumination of an outdoor area or object by a man-made device, permanently installed or portable, that produces light used for illumination, decoration, security, or advertisement. Lighting, Partially Shielded. Any light fixture shielded in such a manner that the bottom edge of the shield is below the plane of the center line of the lamp reducing light above the horizontal. Livestock for Agricultural Use: The keeping of domestic animals for personal use or for sale and profit as part of a bona fide agricultural operation. Local Services. All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. Lot, Area. The total area within the lot lines of a lot, excluding any street rights-of-way. Lot, Coverage. A measurement of intensity of land use, expressed as a percentage of a lot s total area that is impervious (i.e., does not absorb water). This portion includes, but is not limited to, the areas covered by buildings, structures, driveways, roads, and sidewalks. Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. Reese Creek Zoning District Regulations and Map 72

74 Lot Line, Front. The lot line separating a lot from a street right-of-way. Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front line. Lot Line, Side. Any lot line other than front or rear. Lot Line, Zero. The location of a structure on a lot in such a manner that one or more of the structure s sides rests directly on a lot line. Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. Lot of Record. A lot which is part of a subdivision recorded in the office of the County Clerk and Recorder, or a lot described by metes and bounds, a copy of which has been recorded in the office of the County Clerk and Recorder. Lumen. A unit to measure the actual amount of visible light which is produced by a lamp as specified by the manufacturer. -M- Manufactured Home. A factory-built, single-family structure that is under the authority of 42 USC Section 5401, the National Manufactured Home Construction and Safety Standards Act, built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include modular housing or recreational vehicle. Manufactured Home Park. A tract of land providing two or more home lots for lease or rent to the general public. Manufacturing, Light. Fabrication of and/ or assembly of goods from previously prepared materials. MCA (Montana Code Annotated). The collection of Montana statutes classified by subject. Mineral Resource Development (Mining). The extraction of minerals, including solids, such as coal and ore; liquids, such as crude petroleum; and gases, such as natural gases. Including any operation that mines sand and gravel or mixes concrete or batches asphalt. Reese Creek Zoning District Regulations and Map 73

75 Mineral Rights. One of a number of distinct and separate rights associated with real property that gives the owner of rights certain specified privileges, such as to extract, sell, and receive royalties with respect to minerals. Mining. The extraction of minerals, including solids, such as coal and ore; liquids, such as crude petroleum; and gases, such as natural gases. Including any operation that mines sand and gravel or mixes concrete or batches asphalt. Mixed Use Development. The development of a tract of land or structure with a variety of complimentary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form. Mobile Home. A transportable, manufactured structure, suitable for year-round single-family household occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This definition applies to only units constructed prior to Federal Manufacturing Housing Construction and Safety Standards Act of 1974, which became effective June 15, Compare with the definition of manufactured home. Modular Home. A dwelling unit meeting the standards of the International Building Code (IBC) which was mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, whether intended for a use as an independent, individual unit or in combination with other units to form a larger structure, and which does not have integral wheel, axles, or hitch. -N- Natural Environment. The physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance. Naturally Woodland Area. An ecosystem characterized by naturally occurring dense tree cover. Neighborhood Business District. See District Non-Conforming Parcel. A parcel, the area, dimensions or location of which was lawful prior to the adoption, revision, or amendment of a zoning regulation but fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning regulation. Non-Conforming Sign. Any sign lawfully existing on the effective date of a regulation, or amendment thereto, that renders such a sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended regulation. Reese Creek Zoning District Regulations and Map 74

76 Non-Conforming Structure. A structure, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning regulation but fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning regulation. Non-Conforming Use. A use or activity that was lawful prior to the adoption, revision or amendment of a zoning regulation but fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning regulation. Non-motorized Trails. A maintained pathway designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles. Nuisance. Anything that is indecent or offensive to the senses as defined by MCA O- Offices. Buildings or portions of structures in which commercial activities take place but where goods are not produced, sold, or repaired. These include but are not limited to general and professional offices, governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses. Open Space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment or owners, occupants, or their guests of land adjoining or neighboring such open space. Open Space, Common. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate. Open Space, Green. An open space area not occupied by any structures or impervious surfaces. Open Space, Private. Common open space, the use of which is normally limited to the occupants of a single dwelling, structure, or property. Open Space, Public. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public. Ordinary High Water Mark. The outermost line caused by water impressing on land and covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Characteristics of the area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain Reese Creek Zoning District Regulations and Map 75

77 adjacent to surface waters is not considered to lie within the surface water s high water marks. Outcrop. That part of a rock formation which is exposed at the earth s surface. Outfitter. Any person licensed in Montana to advertise and provide service as an outfitter, guide, and professional guide for recreational activities directly related to the outfitting license. -P- Parcel. A contiguous lot or tract of land owned and recorded as a property of the same persons or controlled by a single entity. Parcel of Record. An individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder s office. Park. Any public or private area of land, with or without structures, for the purpose of passive and active recreational uses. Parking. Space reserved for the parking of motor vehicles. Parking, Off-Street. A temporary storage for a motor vehicle in a space located off any public right-of-way with room to exit either side of vehicle, and with adequate maneuvering space and access to public roads. Parking, On-Street. A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way. Parking Area. An area, other than a street or alley designated for use, or used, for temporary parking of vehicles. Permitted Use. A use which is specifically listed as a permitted use for a district and which meets the intent of the district without additional conditions or special review and approval being required; also referred to as principal use. Person. Any legal entity, organization, or human being according to Montana law. Pervious Surface. Any material that permits full or partial absorption of stormwater into the previously unimproved land. Places of Worship. See Worship. Reese Creek Zoning District Regulations and Map 76

78 Planning Board, Gallatin County. An 11 member, citizen s advisory board. Planning Department, Gallatin County. The department responsible for the community development planning for the unincorporated area of the county. Planning Director, Gallatin County. The Director of the Gallatin County Planning Department and the person charged with the administration of the department according to the supervision of the Gallatin County Commissioners. Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications and includes replats or amended plats. Power Plant, Commercial. An electrical power station facility using hydro, fossil fuel, wind, or solar energy as its fuel source, which is operated by a public utility or independent power producer and whose primary function is to provide electricity to the electrical distribution system or transmission grid. Power Plant, Personal. An electrical power generation facility using hydro, solar, wind, or geothermal energy as its fuel source, and whose primary function is to provide electricity to the landowner for uses on the site the facility is located. Primary Access. The major access to a subdivision. The major access generally carries the most traffic as determined by the traffic impact study. Principal Use. A use or structure which determines the predominate or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. Property Owner. Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel, or lot in the records of the County Clerk and Recorder. Public Health and Safety. A condition of optimal well-being, free from danger or injury, for a community at large, not merely for an individual or small group of persons. Public Utility. A public utility shall include any enterprise providing heat, light, power, water, telegraph, telephone, railway and bus service, sewage service and audio, audio-visual and data-link communications. -R- Recreational Facility. Establishment, including accessory uses and structures that are customary to the recreational facility, that charge a fee for providing outdoor recreation that includes: golf courses, tennis courts, and swimming pools. Reese Creek Zoning District Regulations and Map 77

79 Recreational Vehicle (RV). A vehicular-type portable structure without a permanent foundation that can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Recreational Vehicle Park. A place renting space to park individual camping trailers, pickup campers, motor homes, travel trailers, or automobiles for transient dwelling purposes. Residential. Non-commercial single- or multi-family dwellings; uses; or district designation. Retail. The rental or sale of tangible personal property for any purpose other than for resale. Retail, Large Scale. The rental or sale of tangible personal property for any purpose other than for resale where the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more. Retail, Small Scale. Establishments of 10,000 square feet or fewer of gross floor area engaged in the sale or rental of goods for consumer or household use. Ridge. The horizontal line formed by opposing sloping sides that run parallel. Ridge, Geological. A geological ridge features a relatively narrow and continuous elevational crest, or series of crests, for a distance. The ridge includes the top portion of a landform such as a hill or a mountain; and the ridge may be prominent due to the steep angle at which it rises. Ridgeline. A line connecting the highest points along a ridge. Right-of-way. (1) A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil and gas pipeline, water line, sanitary stormwater sewer, and other similar uses: (2) generally, the right of one to pass over the property of another. Riparian Land. Land that is traversed or bounded by a natural watercourse or adjoining lands. Road, Arterial. A road having the primary function or moving traffic with emphasis on a high level of mobility for through-movement, and the secondary function of providing limited access to adjacent land. Roof. The outside top covering of a structure. Run with the Land. A covenant or restriction of the use of the land contained in a deed and binding on the present and all future owners of the property. Reese Creek Zoning District Regulations and Map 78

80 Runoff. The portion of rainfall, melted snow, irrigation water, and any other liquids that flows across ground surface (and eventually is returned to streams). -S- Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Seasonal Use. A use dependent on or controlled by the season of the year. Seasonal uses operate continuously during a period of up to 90 days per year. Security Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways. Equipment yards, parking lots, and other outdoor security where general illumination for safety and security of the grounds is the primary concern. Sediment. Solid material, both mineral and organic that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion. Sedimentation. The process of depositing materials from a liquid, especially in bodies of water. Sensitive Lands. Includes all riparian corridors, wetlands, wildlife corridors and slopes over 30 percent. Septic System. An underground system with a septic tank used for decomposition of domestic waste. Service Station. Any structure, land use, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Setback. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. Setback Line. The line that is the required minimum distance from the street right-of-way or public access easement line or any other lot line that establishes the area within which structures must be placed. Shared Access. A fixed automotive and pedestrian access location from a street to two or more adjoining properties which have the right mutually and ability to use the access, and which have been established by an easement or other legally binding means. Shooting Preserve. An area where game is released for the purpose of providing hunting under special regulations set by the state. Reese Creek Zoning District Regulations and Map 79

81 Sign. Any device, fixture, placard, or structure that uses form, graphic, illumination, symbol, or writing to advertise, announce the purpose of a person or entity or to communicate information of any kind to the public. Sign, Animated or Moving. Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. Sign, Awning, Canopy, or Marquee. A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by regulation. Sign, Face. The area or display surface used for the message. Sign, Flashing. Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. Sign, Freestanding. Any non-movable sign not affixed to a building. Sign, Off-premise or Billboard. A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Sign, Pole. A sign that is mounted on a freestanding pole or other support. Sign, Portal. A small sign at the entrance of a property, which may contain words, symbols or brands, indicating the address or identity of the premises. Sign, Real Estate. A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Sign, Temporary. A sign or advertising display constructed of cloth, canvas, plywood, or other light material and designed or intended to be displayed for a short period of time. Sign, Wall. A sign fastened to or painted on the wall of a structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than twelve inches from the structure. Sign Area. The entire face of a sign, including the advertising surface and any framing, trim, or molding, but not including the supporting structure. Site Plan. The development plan for one or more lots which shows the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulations; utility services; structures; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Reese Creek Zoning District Regulations and Map 80

82 Sketch Plan. A map at a scale suitable to locate the proposed development, showing the boundary lines of all adjacent properties and streets and other information necessary to determine the general location of the proposed development. Slide. The downhill mass movement of soil, rock, or snow resulting from failure of that material under stress. Slope. The inclination of the surface of the land from the horizontal, usually expressed in percent or degrees prior to development. Sprawl. Uncontrolled growth, usually of a low-density nature, in previously rural areas and some distance from existing development and infrastructure. Storage Facility. A space or place where goods, materials and/ or personal property are put for more than 24 hours. Street, Arterial. A street or road, moving relatively large volumes of traffic in two or four lanes, having the primary function of moving through traffic and the secondary function of providing access to adjacent land. Street, Arterial (Principal). Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. Street, Arterial (Minor). Interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of mobility than principal arterials, and it distributes travel to smaller geographic areas. Street, Collector. A street or road generally with two traffic lanes and two parking lanes serving the equally important functions of moving through traffic and providing access to adjacent land. Street, Local Street. A street or road with two traffic lanes and one or two parking lanes having a primary function of providing access to adjacent property and the secondary function of moving through traffic. Street, Public. A street or road for which the right-of-way has been dedicated to the public. Structure. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Structure, Accessory. A subordinate structure or portion of the principal structure, located on the same lot as the principal building, which is customarily incidental to the principal structure. When part of an accessory structure is connected to a part of the principal Reese Creek Zoning District Regulations and Map 81

83 structure by a common wall, such accessory structure shall be counted as part of the principal structure. Individual public utility installations aboveground are considered accessory buildings. Structure, Main. The principal building for accommodating the primary use to which the premises are devoted. Structural Alteration. Any change in the shape or size of any portion of a building or of the supporting members of the building or structure such as walls, columns, beams, arches, girders, floor joist, or roof rafters. Subdivider. Any person, firm, corporation, or other entity who causes land to be subdivided or who proposes a subdivision of land. Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other division of land for sale, development, or lease, subject to the provisions of the Montana Subdivision and Platting Act. Subdivision, Major. Any subdivision not classified as a minor subdivision. Subdivision, Minor. A subdivision containing five or fewer parcels where proper access to all lots is provided and where no land in the subdivision will be dedicated to public for parks or playgrounds. Substantial Damage. Damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred as determined by Gallatin County s last equalized assessment roll. Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement; or before the damage occurs. It does not include alterations for listing on National Register of Historic Places or State Inventory of Historic Places; or to comply with existing local health and safety sanitary codes to assure safe living conditions. Surveyor (Registered Land Surveyor). A person licensed in conformance with the Montana Professional Engineers, Registration Act (MCA through MCA ) to practice surveying in the State of Montana. -T- Topography. General term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features. Reese Creek Zoning District Regulations and Map 82

84 Tract of Record. An individual parcel of land, irrespective of ownership, that can be identified by legal description and is independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder s office. Transfer of Development Rights (TDR). The removal of the right to develop or build, expressed in a dwelling units per acre of floor area, from a designated sending area within a zoning district to land in a designated receiving area within a zoning district where such transfer is permitted. -U- Unit. A residential lot, a commercial lot, a condominium, a townhouse, an individual recreational vehicle parking site or a manufactured home lot. Use. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied for any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land. Utility Service. Distribution, transmission and/ or collection systems serving the general public operating under one or more of the following conditions: (a) Provides a service that is essential to the public health, safety or general welfare; (b) Is subject to regulation by any governmental agency, either state or federal; (c) Is granted a franchise. Utility Service Operation Facilities. Facilities required by a utility service for its service operations, excluding commercial activities. Facilities may include buildings, structures, reception and distribution equipment above and below ground, lines, pipes, tanks, ponds, pumping stations, generation and switching stations, repeaters, antennas (including off-air, satellite and microwave), transmitters and receivers, construction and service equipment, valves, housings, or any other mechanical or electronic devices of any kind and any appurtenances and equipment necessary to the furnishing of the utility service. -V- Variance. A provision which allows modification to a regulation or waiver of the general development and building standards when a literal enforcement would result in unnecessary or undue hardship and the granting of the variance is not contrary to the public s health, safety, and general welfare. Vested Right. A right that cannot be changed or altered by changes in regulation. Veterinary Clinic. An establishment for the treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence. Reese Creek Zoning District Regulations and Map 83

85 Violation. The failure of a structure, subdivision, use of land, or other development to be fully compliant with the governing regulations. -W- Water Rights. A property owner s right to use surface or underground water from adjacent lands. Water Quality. Chemical, physical, and biological characteristics of water that determine suitability for a particular use. Watercourse. Any stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which some or all of the water is naturally occurring, such as runoff and springs, and which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are characterized by hydric soil, the presence of hydrology (standing water and/or saturated soil within 12 inches of the surface), and hydrophytic vegetation that support wetland functions and values. Wireless Facility. An unstaffed facility for the transmission or reception of radio frequency (RF), microwave, or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure, and one or more antennae. It excludes amateur radios, Essential Services (Type I), satellite earth stations, and private receive-only antennae, such as for the reception of television signals. Worship, Places of. A structure, or group of structures, that by design and construction are primarily intended for conducting organized religious services and associated uses. May be referred to as a church, synagogue, temple, mosque, or other name as the facility that is used for prayer by persons of similar belief. -Y- Yard. Area suitable for recreation, gardens, green belts or household service activities, located on the same lot with a building, and which is open to the sky, free of undue hazard and readily accessible to the occupants of the building. Reese Creek Zoning District Regulations and Map 84

86 Yard, Required. The open space between a lot line and the yard line within which no structure shall be located except as provided in the zoning regulation. -Z- Zone. A specifically delineated area or district within which uniform regulations, requirements, and standards govern the use, placement, spacing, and size of land and structures. Zoning. The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and structures. Zoning Enforcement Agent. The duly authorized agent appointed by the County Commission for the purpose of administering and enforcing these Regulations. Zoning Map. The map or maps that are a part of the zoning regulations and delineate the boundaries of the zone districts. Reese Creek Zoning District Regulations and Map 85

87 7.00 MAP Reese Creek Zoning District Regulations and Map 86

88 APPENDIX A FIRE PROTECTION GUIDELINES Reese Creek Zoning District Regulations and Map 87