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REESE CREEK ZONING DISTRICT<br />
REGULATIONS AND MAP<br />
Adopted June 21, 2006
TABLE OF CONTENTS<br />
PAGE<br />
TABLE OF CONTENTS 1<br />
1.00 GENERAL PROVISIONS 2<br />
1.01 Title, Creation <strong>and</strong> Adoption 2<br />
1.02 Application of District Regulations 4<br />
1.03 Intent <strong>and</strong> Purpose 6<br />
1.04 Invalidation <strong>and</strong> Severability 8<br />
2.00 ZONING DISTRICT PROVISIONS 9<br />
2.01 Rural Residential District (RR-40) 9<br />
2.02 Agricultural <strong>and</strong> Rural Residential District (AR-80) 12<br />
2.03 Rural Residential <strong>and</strong> Wildlife Corridor District (RW-160) 16<br />
2.04 Neighborhood Business (NB) 20<br />
2.05 Public L<strong>and</strong>s (PL) 23<br />
3.00 GENERAL BUILDING AND DEVELOPMENT STANDARDS 24<br />
3.01 General Building <strong>and</strong> Development St<strong>and</strong>ards 24<br />
4.00 SPECIAL PROVISIONS 35<br />
4.01 Additional Development Rights for Cluster Subdivision Provision 35<br />
4.02 Transfer of Development Rights Option 40<br />
5.00 ADMINISTRATIVE PROVISIONS 41<br />
5.01 Administration 41<br />
5.02 Non-Conforming Lots, Uses <strong>and</strong> Structures 43<br />
5.03 L<strong>and</strong> Use Permits 47<br />
5.04 Conditional Use Permits (CUP) 48<br />
5.05 Natural Resources Conditional Use Permit 50<br />
5.06 Variances 55<br />
5.07 Amendments 56<br />
5.08 Appeals Process 57<br />
5.09 Complaints <strong>and</strong> Enforcement 58<br />
6.00 DEFINITIONS AND GLOSSARY 60<br />
7.00 MAP 86<br />
8.00 APPENDIX 87<br />
A Fire Protection Guidelines 87<br />
B Ordinance to Control Community Decay 94<br />
C Proposed TDR <strong>and</strong> Replacement Section 4.02 100<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 1<br />
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1.00 GENERAL PROVISIONS<br />
1.01 Title, Creation <strong>and</strong> Adoption<br />
1.01.1 These Regulations shall be known as the Reese Creek Zoning District Regulations. It is<br />
adopted for the Reese Creek Zoning District, which was adopted on June 21, 2006.<br />
1.01.2 These Regulations are adopted pursuant to Montana Code Annotated (MCA) §76-2-201<br />
et. seq., in accordance with the <strong>Gallatin</strong> <strong>County</strong> Growth Policy (Growth Policy).<br />
1.01.3 Copies of these Regulations <strong>and</strong> Zoning Map are on file for public inspection with the<br />
Office of the <strong>Gallatin</strong> <strong>County</strong> Clerk <strong>and</strong> Recorder <strong>and</strong> the <strong>Gallatin</strong> <strong>County</strong> Planning<br />
Department (Planning Department).<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 2<br />
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ADOPTION<br />
The Board of <strong>County</strong> Commission of <strong>Gallatin</strong> <strong>County</strong> adopted the Reese Creek Zoning<br />
District Regulations on June 21, 2006.<br />
GALLATIN COUNTY COMMISSION<br />
_______________________<br />
John Vincent, Chair<br />
_______________________<br />
William A. Murdock, Member<br />
_______________________<br />
Joe Skinner, Member<br />
ATTEST:<br />
_______________________<br />
Shelley Vance, <strong>Gallatin</strong> <strong>County</strong> Clerk <strong>and</strong> Recorder<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 3<br />
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1.02 Application of District Regulations<br />
1.02.1 Application. The requirements established by these Regulations are minimum<br />
<strong>regulations</strong> <strong>and</strong> apply uniformly to each class or kind of structure or l<strong>and</strong> throughout the<br />
District. Regulation provisions shall be held to the minimum that protects <strong>and</strong> promotes<br />
the public health, safety <strong>and</strong> general welfare of the District.<br />
These Regulations includes a gr<strong>and</strong>father clause in accordance with MCA §76-2-208,<br />
which allows existing non-conforming lots, structures, uses of l<strong>and</strong>, <strong>and</strong> other<br />
characteristics which would otherwise be restricted or regulated under the terms of these<br />
Regulations, to continue as non-conforming. Non-conforming uses cannot be enlarged<br />
upon, exp<strong>and</strong>ed or extended, nor used as grounds for adding other structures or uses<br />
prohibited in the same District. Property owners of legally existing non-conforming<br />
structures may apply for a Conditional Use Permit (CUP, Section 5.04) to change, alter,<br />
enlarge, or exp<strong>and</strong> the non-conforming uses pursuant to Section 5.02.<br />
1.02.2 Zoning Regulation Conformance. All new construction is potentially subject to the<br />
provisions of these Regulations. Property owners are responsible for ensuring all<br />
activity within District boundaries conforms to these Regulations.<br />
1.02.3 Exception. Under certain circumstances, the Zoning Enforcement Agent may exempt<br />
public utility pipelines, wells, or structures necessary for provision of services required<br />
for public health <strong>and</strong> safety, from provisions of these Regulations.<br />
1.02.4 Vesting. An application made within the District is subject to the <strong>regulations</strong> in effect at<br />
that time.<br />
1.02.5 Contradictions. If the requirements of these Regulations conflict with the requirements<br />
of any other lawfully adopted rules, <strong>regulations</strong> or covenants, the most restrictive (or<br />
higher st<strong>and</strong>ard) shall govern.<br />
1.02.6 Interpretations. The Zoning Enforcement Agent, Code Compliance Specialist, <strong>Gallatin</strong><br />
<strong>County</strong> Planning Board (Planning Board) <strong>and</strong> the Board of <strong>County</strong> Commission of<br />
<strong>Gallatin</strong> <strong>County</strong> (<strong>County</strong> Commission) can make official interpretations of the Reese<br />
Creek Zoning District <strong>zoning</strong> <strong>regulations</strong>, boundaries, <strong>and</strong> <strong>map</strong>. If questions arise<br />
concerning the appropriate classification of a particular use, or if the specific use is not<br />
listed, the <strong>County</strong> Commission shall determine the appropriate classification of that use.<br />
In interpreting a use classification, the <strong>County</strong> Commission shall consider the matter in<br />
an office meeting <strong>and</strong> determine that the use:<br />
1. Is compatible with the uses permitted in the District.<br />
2. Is similar to one or more uses permitted in the District.<br />
3. Will not adversely affect property in the neighborhood or the District.<br />
4. Will not abrogate the intent of the Growth Policy or these Regulations.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 4<br />
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1.02.7 Natural Resources. These Regulations do not prevent the complete use, development, or<br />
recovery of any mineral (including an operation that mines s<strong>and</strong> <strong>and</strong> gravel or mixes<br />
concrete or batches asphalt), forest, or agricultural resource (MCA §76-2-209).<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 5<br />
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1.03 Intent <strong>and</strong> Purpose<br />
1.03.1 These Regulations have been made in accordance with the Growth Policy for the<br />
purpose of promoting the public health, safety, <strong>and</strong> general welfare. Additionally, in<br />
accordance with MCA §76-2-203, these Regulations are designed to:<br />
1. Lessen congestion on the roads.<br />
2. Secure safety from fire, panic, <strong>and</strong> other dangers.<br />
3. Provide adequate air <strong>and</strong> light.<br />
4. Prevent overcrowding of l<strong>and</strong>.<br />
5. Avoid undue concentration of population.<br />
6. Facilitate the adequate provision of transportation, water, sewerage, schools,<br />
parks, <strong>and</strong> other public requirements.<br />
7. Give reasonable consideration to the character of the District <strong>and</strong> its peculiar<br />
suitability for particular uses with a view to conserving the value of buildings <strong>and</strong><br />
encouraging the most appropriate use of l<strong>and</strong>.<br />
1.03.2 Additional purposes of these Regulations derived from Reese Creek property owners<br />
attending public visioning meetings in 2004, include the following:<br />
1. Be proactive rather than reactive.<br />
2. Preserve private property values <strong>and</strong> rights, including the ability to divide <strong>and</strong> sell<br />
private properties.<br />
3. Recognize <strong>and</strong> provide protection for the unique concerns, requirements <strong>and</strong><br />
advantages of supporting agriculture in our community.<br />
4. Prevent overcrowding <strong>and</strong> undue population density.<br />
5. Conserve <strong>and</strong> protect wildlife habitat.<br />
6. Ensure high water quality <strong>and</strong> quantity st<strong>and</strong>ard.<br />
7. Preserve scenic resources, views <strong>and</strong> provide adequate open space.<br />
8. Prevent the spread of noxious weeds.<br />
9. Address commercial development <strong>and</strong> its attendant traffic, noise, waste<br />
production, light emission <strong>and</strong> water resource consumption.<br />
10. Preserve scenic night skies by controlling the use of exterior lights.<br />
11. Maintain community diversity by planning for a variety of lot sizes.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 6<br />
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12. Encourage careful consideration of lot size restrictions, cluster development,<br />
TDR's <strong>and</strong> other planning <strong>and</strong> <strong>zoning</strong> tools as a primary method of achieving the<br />
above stated purposes.<br />
13. Acknowledgement that agricultural operation may be a nuisance. Much of the<br />
property within the Reese Creek Zoning District is used for agricultural<br />
production (as defined in MCA §76-2-902). Owners, residents <strong>and</strong> other users of<br />
adjacent property may be subjected to inconvenience, discomfort, <strong>and</strong> the<br />
possibility of injury to property <strong>and</strong> health arising from normal <strong>and</strong> accepted<br />
agricultural practices <strong>and</strong> operations, including but not limited to noise, odors,<br />
dust, smoke, the operation of machinery of any kind, including aircraft, the<br />
storage <strong>and</strong> disposal of manure, the application of fertilizers, soil amendments,<br />
herbicides <strong>and</strong> pesticides.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 7<br />
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1.04 Invalidation <strong>and</strong> Severability<br />
1.04.1 If any section, subsection, subdivision, sentence, clause, paragraph, or phrase of these<br />
Regulations, or any attachments hereto, is for any reason held to be unconstitutional or<br />
void, such decision shall not affect the validity of the remaining portions of these<br />
Regulations to render the same operative <strong>and</strong> reasonably effective for carrying out the<br />
main purpose <strong>and</strong> intention of these Regulations.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 8<br />
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2.00 ZONING DISTRICT PROVISIONS<br />
2.01 Rural Residential District, One Dwelling per 40 Acres (RR-40)<br />
2.01.1 Intent. The intent of this District is to:<br />
Preserve scenic resources, views <strong>and</strong> provide adequate open space.<br />
Conserve <strong>and</strong> protect agricultural l<strong>and</strong>s <strong>and</strong> agricultural livelihood.<br />
Conserve <strong>and</strong> protect wildlife habitat.<br />
Ensure high water quality <strong>and</strong> quantity st<strong>and</strong>ard.<br />
Preserve the rural residential character.<br />
Allow for development compatible to agriculture <strong>and</strong> rural residential uses.<br />
Promote public health, safety <strong>and</strong> general welfare.<br />
2.01.2 Tracts of Record. All legal tracts of l<strong>and</strong> on record with the Office of the Clerk <strong>and</strong><br />
Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses<br />
by right (principal uses) <strong>and</strong> conditional uses of the RR-40 District designation with an<br />
approved Conditional Use Permit (CUP).<br />
2.01.3 Uses By Right/ Principal Uses<br />
1. Agriculture<br />
2. Dwelling (Single-Family)<br />
3. Accessory Dwelling<br />
4. Accessory Structure<br />
5. Excavation for Personal Use<br />
6. Home Occupation<br />
7. Greenhouse, up to 1500 square feet (building footprint)<br />
8. Equestrian Facilities, Personal<br />
9. Power Plant, Personal<br />
2.01.4 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of<br />
Section 5.04)<br />
1. Bed <strong>and</strong> Breakfast<br />
2. Day Care Home (Family)<br />
3. Greenhouse, larger than 1500 square feet (building footprint)<br />
4. Home Based Business<br />
5. Auto Repair, Minor (a business operation)<br />
6. Places of Worship<br />
7. Non-agriculture structures over 32 feet <strong>and</strong> not within a naturally wooded area<br />
8. Power Plant, Commercial, (Wind, Solar, <strong>and</strong> Hydro Energy Generation)<br />
9. Accessory structures (other than caretaker residence, guesthouse, or employee<br />
housing for authorized agriculture operations) over 2400 square feet (building<br />
footprint).<br />
10. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the<br />
number of guestrooms up to the regulation limit.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 9<br />
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11. Expansion or enlargement of an existing legal non-conforming structure.<br />
12. Essential Services (Type I <strong>and</strong> Type II)<br />
2.01.5 Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP<br />
according to the provisions of Section 5.05<br />
1. Natural resource development <strong>and</strong> mining uses<br />
2.01.6 Development Density for Principal Uses<br />
1. Each parcel recorded at adoption of these Regulations has one (1) development right<br />
for an allowable principal use (such as one (1) dwelling per parcel).<br />
2. The minimum lot size is 40 acres that may be created by subdivision.<br />
3. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels<br />
larger than five (5) acres may have up to three (3) accessory structures. A detached<br />
accessory dwelling is an accessory structure.<br />
2.01.7 Use of Subdivision Exemptions (MCA §76-3-207<br />
1. Pursuant to MCA §76-3-207(1) (c), division of l<strong>and</strong> made by the property owner(s)<br />
for the exclusive use of agricultural purposes shall be exempt from the minimum<br />
parcel size requirements. The use of an agricultural exemption shall not be allowed<br />
if the original parcel, after the division of the agricultural parcel, does not comply<br />
with <strong>zoning</strong> requirements.<br />
2. Pursuant to MCA §76-3-207(1)(a), a division of l<strong>and</strong> made outside of platted<br />
subdivisions for the purpose of relocating common boundaries between adjoining<br />
properties shall be exempt from the minimum parcel size requirement if there is no<br />
resulting change in any <strong>and</strong> all of the parcels. (Example: A north/south common<br />
boundary can be changed to an east/west orientation by relocating the common<br />
boundary without a net change to the original parcels sizes.)<br />
2.01.8 Required Setbacks<br />
1. Property Lines 25 feet<br />
2. Springhill Road 50 feet<br />
3. Rocky Mountain Road 50 feet<br />
4. Gee Norman Road 50 feet<br />
5. Reese Creek Road 50 feet<br />
6. Bear Creek Road 50 feet<br />
7. Creeks (named <strong>and</strong> unnamed);<br />
rivers; ditches; channels;<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 10<br />
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canals; <strong>and</strong> springs 50 feet from the annual mean high water mark<br />
8. Wetl<strong>and</strong>s 50 feet<br />
2.01.9 Maximum Height of Dwellings <strong>and</strong> Structures<br />
1. Maximum 32 feet, unless number 2 below applies.<br />
2. Maximum 35 feet for a structure within a naturally wooded area in which existing<br />
trees in <strong>and</strong> around the building site are equal to the height of the proposed<br />
structure.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 11<br />
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2.02 Agricultural <strong>and</strong> Rural Residential District, One Dwelling per 80<br />
Acres (AR-80)<br />
2.02.1 Intent. The intent of this District is to:<br />
Preserve scenic resources, views <strong>and</strong> provide adequate open space.<br />
Conserve <strong>and</strong> protect agricultural l<strong>and</strong>s <strong>and</strong> agricultural livelihood.<br />
Conserve <strong>and</strong> protect wildlife habitat.<br />
Ensure high water quality <strong>and</strong> quantity st<strong>and</strong>ard.<br />
Preserve the rural residential character.<br />
Allow for development compatible to agriculture <strong>and</strong> rural residential uses.<br />
Promote public health, safety <strong>and</strong> general welfare.<br />
2.02.2 Tracts of Record. All legal tracts of l<strong>and</strong> on record with the Office of the Clerk <strong>and</strong><br />
Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses<br />
by right (principal uses) <strong>and</strong> conditional uses of the AR-80 District designation with an<br />
approved Conditional Use Permit (CUP).<br />
2.02.3 Development Rights<br />
All parcels within the District have one (1) development right as a matter of right, which<br />
is referred to as the principal development right. Parcels 80 acres or more qualify for<br />
one (1) additional development right. Parcels within 10 percent of 80 acres (72 to 79<br />
acres) that were recorded at adoption of these Regulations qualify for one (1) additional<br />
development right. An additional development right may only be used pursuant to the<br />
Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer of Development<br />
Rights Provision (TDR) of Section 4.02.<br />
The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall<br />
prevent any additional conditional uses from being permitted on any <strong>and</strong> all of the tracts<br />
of record created pursuant to the cluster subdivision. Approval of a cluster subdivision<br />
shall not prevent additional uses by right/principal uses from being permitted on any<br />
tract of record approved pursuant to a cluster subdivision.<br />
2.02.4 Uses By Right/ Principal Uses<br />
1. Agriculture<br />
2. Dwelling (Single-Family)<br />
3. Accessory Dwelling<br />
4. Accessory Structure<br />
5. Excavation for Personal Use<br />
6. Home Occupation<br />
7. Greenhouse, up to 1500 square feet (building footprint)<br />
8. Equestrian Facilities, Personal<br />
9. Power Plant, Personal<br />
10. Outfitter<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 12<br />
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2.02.5 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of<br />
Section 5.04)<br />
1. Bed <strong>and</strong> Breakfast<br />
2. Day Care Home (Family)<br />
3. Greenhouse, larger than 1500 square feet (building footprint)<br />
4. Home Based Business<br />
5. Auto Repair, Minor (a business operation)<br />
6. Places of Worship<br />
7. Guest Ranch<br />
8. Equestrian Facility, Commercial<br />
9. Non-agriculture structures over 32 feet <strong>and</strong> not within a naturally wooded area<br />
10. Power Plant, Commercial (Wind, Solar, <strong>and</strong> Hydro Energy Generation)<br />
11. Accessory structures (other than caretaker residence, guesthouse, or employee<br />
housing for authorized agriculture operations) over 2400 square feet (building<br />
footprint).<br />
12. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the<br />
number of guestrooms up to the regulation limit.<br />
13. Expansion or enlargement of an existing legal non-conforming structure.<br />
14. Shooting Preserve (Upl<strong>and</strong> Birds)<br />
15. Essential Services (Type I <strong>and</strong> Type II)<br />
2.02.6 Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP<br />
according to Section 5.05)<br />
1. Natural resource development <strong>and</strong> mining uses<br />
2.02.7 Development Density for Principal Uses<br />
1. Each parcel (regardless of size) recorded at adoption of these Regulations has one<br />
(1) development right to be used according to the principal uses allowed in the<br />
District.<br />
2. The development density is 1:40.<br />
3. Each 80-acre parcel has one (1) development right (principal development right) <strong>and</strong><br />
one (1) additional development right that may only be used onsite if the criteria<br />
pursuant to the Cluster Subdivision Provision (Section 4.01) are met. The principal<br />
development right <strong>and</strong>/ or the additional development right may be transferred to a<br />
designated receiving area within <strong>Gallatin</strong> <strong>County</strong> pursuant to the Transfer of<br />
Development Rights Provision (Section 4.02). The principal development right <strong>and</strong><br />
the additional development right are equal to one (1) TDR each.<br />
4. At adoption of these Regulations, each recorded parcel within 10 percent of the 80acre<br />
minimum parcel size qualifies as an 80-acre parcel for development rights.<br />
Parcels that qualify include those between 72 to 79 acres.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 13<br />
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5. Parcels larger than 80 acres, one (1) additional development right is available for<br />
every increment of 40 acres or portions of an increment that is within 10 percent of<br />
40 acres (or 36 to 39 acres).<br />
6. At adoption of these Regulations, each recorded parcel that is developed with at least<br />
one single-family dwelling is considered to have used the principal development<br />
right.<br />
7. The minimum lot size that may be created after adoption of these Regulations is 80<br />
acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster<br />
Subdivision Provision (Section 4.01). The cluster subdivision provision is limited to<br />
a maximum of 10 percent of the parcel, or eight (8) acres.<br />
8. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels<br />
larger than five (5) acres may have up to three (3) accessory structures. A detached<br />
accessory dwelling is an accessory structure.<br />
2.02.8 Use of Subdivision Exemptions (MCA §76-3-207<br />
1. Pursuant to MCA §76-3-207(1) (c), division of l<strong>and</strong> made by the property owner(s)<br />
for the exclusive use of agricultural purposes shall be exempt from the minimum<br />
parcel size requirements. The use of an agricultural exemption shall not be allowed<br />
if the original parcel, after the division of the agricultural parcel, does not comply<br />
with <strong>zoning</strong> requirements.<br />
2. Pursuant to MCA §76-3-207(1)(a), a division of l<strong>and</strong> made outside of platted<br />
subdivisions for the purpose of relocating common boundaries between adjoining<br />
properties shall be exempt from the minimum parcel size requirement if there is no<br />
resulting change in any <strong>and</strong> all of the parcels. (Example: A north/south common<br />
boundary can be changed to an east/west orientation by relocating the common<br />
boundary without a net change to the original parcels sizes.)<br />
2.02.9 Required Setbacks<br />
1. Property Lines 25 feet<br />
2. Springhill Road 50 feet<br />
3. Rocky Mountain Road 50 feet<br />
4. Gee Norman Road 50 feet<br />
5. Reese Creek Road 50 feet<br />
6. Bear Creek Road 50 feet<br />
7. Creeks (named <strong>and</strong> unnamed);<br />
rivers; ditches; channels;<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 14<br />
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canals; <strong>and</strong> springs 100 feet from the annual mean high water mark<br />
8. Wetl<strong>and</strong>s 50 feet<br />
2.02.10 Maximum Height of Dwellings <strong>and</strong> Structures<br />
1. Maximum 32 feet, unless number 2 below applies.<br />
2. Maximum 35 feet for a structure within a naturally wooded area in which existing<br />
trees in <strong>and</strong> around the building site are equal to the height of the proposed<br />
structure.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 15<br />
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2.03 Rural Residential <strong>and</strong> Wildlife Corridor District, One Dwelling per<br />
160 Acres (RW-160)<br />
2.03.1 Intent. The intent of this District is to:<br />
Preserve scenic resources, views <strong>and</strong> provide adequate open space.<br />
Conserve <strong>and</strong> protect agricultural l<strong>and</strong>s <strong>and</strong> agricultural livelihood.<br />
Conserve <strong>and</strong> protect wildlife habitat.<br />
Ensure high water quality <strong>and</strong> quantity st<strong>and</strong>ard.<br />
Preserve the rural residential character.<br />
Allow for development compatible to agriculture <strong>and</strong> rural residential uses.<br />
Promote public health, safety <strong>and</strong> general welfare.<br />
2.03.2 Tracts of Record. All legal tracts of l<strong>and</strong> on record with the Office of the Clerk <strong>and</strong><br />
Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses<br />
by right (principal uses) <strong>and</strong> conditional uses of the RW-160 District designation with an<br />
approved Conditional Use Permit (CUP).<br />
2.03.3 Development Rights.<br />
All parcels within the District have one (1) development right as a matter of right, which<br />
is referred to as the principal development right. Parcels 160 acres or more qualify for<br />
three (3) additional development rights. Parcels within 10 percent of 160 acres (144 to<br />
159 acres) that were recorded at adoption of these Regulations qualify for three (3)<br />
additional development rights. Additional development rights may only be used<br />
pursuant to the Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer<br />
of Development Rights Provision (TDR) of Section 4.02.<br />
The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall<br />
prevent any additional conditional uses from being permitted on any <strong>and</strong> all of the tracts<br />
of record created pursuant to the cluster subdivision. Approval of a cluster subdivision<br />
shall not prevent additional uses by right/principal uses from being permitted on any<br />
tract of record approved pursuant to a cluster subdivision.<br />
2.03.4 Uses By Right/ Principal Uses<br />
1. Agriculture<br />
2. Dwelling (Single-Family)<br />
3. Accessory Dwelling<br />
4. Accessory Structure<br />
5. Excavation for Personal Use<br />
6. Home Occupation<br />
7. Greenhouse, up to 1500 square feet (building footprint)<br />
8. Equestrian Facilities, Personal<br />
9. Power Plant, Personal<br />
10. Outfitter<br />
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2.03.5 Conditional Uses (upon obtaining a Conditional Use Permit according to the provisions<br />
of Section 5.04)<br />
1. Bed <strong>and</strong> Breakfast<br />
2. Day Care Home (Family)<br />
3. Greenhouse, larger than 1500 square feet (building footprint)<br />
4. Home Based Business<br />
5. Auto Repair, Minor (a business operation)<br />
6. Places of Worship<br />
7. Guest Ranch<br />
8. Equestrian Facility, Commercial<br />
9. Non-agriculture structures over 32 feet <strong>and</strong> not within a naturally wooded area<br />
10. Power Plant, Commercial (Wind, Solar, <strong>and</strong> Hydro Energy Generation)<br />
11. Accessory structures (other than caretaker residence, guesthouse, or employee<br />
housing for authorized agriculture operations) over 2400 square feet (building<br />
footprint).<br />
12. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the<br />
number of guestrooms up to the regulation limit.<br />
13. Expansion or enlargement of an existing legal non-conforming structure.<br />
14. Shooting Preserve (Upl<strong>and</strong> Birds)<br />
15. Essential Services (Type I <strong>and</strong> Type II)<br />
2.03.6 Natural Resources Conditional Uses (upon obtaining a Natural resources CUP according<br />
to Section 5.05)<br />
1. Natural resource development <strong>and</strong> mining uses<br />
2.03.7 Development Density for Principal Uses<br />
1. Each parcel (regardless of size) recorded at adoption of these Regulations has one<br />
(1) development right to be used according to the principal uses allowed in the<br />
District.<br />
2. The development density is 1:40.<br />
3. Each 160-acre parcel has one (1) development right (principal development right)<br />
<strong>and</strong> three (3) additional development rights that may only be used if the criteria<br />
pursuant to Cluster Subdivision Provision (Section 4.01) are met. The principal<br />
development right <strong>and</strong> the additional development rights may be transferred to a<br />
designated receiving area within <strong>Gallatin</strong> <strong>County</strong> pursuant to the Transfer of<br />
Development Rights Provision (TDR) of Section 4.02. The principal <strong>and</strong> additional<br />
development rights are equal to two (2) TDRs each, but only if transferred off the<br />
property within the sending area. A maximum of eight (8) development rights for<br />
transfer is possible if all development rights are removed from the 160-acre parcel<br />
within the sending area <strong>and</strong> transferred to a designated receiving area within <strong>Gallatin</strong><br />
<strong>County</strong>.<br />
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4. At adoption of these Regulations, each recorded parcel that is within 10 percent of<br />
the 160-acre minimum parcel size qualifies as a 160-acre parcel for development<br />
rights. Parcels that qualify include those between 144 to 159 acres.<br />
5. For parcels larger than 160 acres, one (1) additional development right is available<br />
for every increment of 40 acres or portions of an increment that is within 10 percent<br />
of 40-acre minimum (36 to 39 acres).<br />
6. Each parcel recorded at adoption of these Regulations that is developed with a<br />
single-family dwelling is considered to have used the principal development right.<br />
7. The minimum lot size that may be created after adoption of these Regulations is 160<br />
acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster<br />
Subdivision Provision (Section 4.01). The cluster subdivision created pursuant to<br />
the Cluster Subdivision Provision is limited to a maximum of 15 percent of the<br />
parcel, or 24 acres for a 160-acre parcel.<br />
8. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels<br />
larger than five (5) acres may have up to three (3) accessory structures. A detached<br />
accessory dwelling is an accessory structure.<br />
2.03.8 Use of Subdivision Exemptions (MCA §76-3-207<br />
1. Pursuant to MCA §76-3-207(1) (c), division of l<strong>and</strong> made by the property owner(s)<br />
for the exclusive use of agricultural purposes shall be exempt from the minimum<br />
parcel size requirements. The use of an agricultural exemption shall not be allowed<br />
if the original parcel, after the division of the agricultural parcel, does not comply<br />
with <strong>zoning</strong> requirements.<br />
2. Pursuant to MCA §76-3-207(1)(a), a division of l<strong>and</strong> made outside of platted<br />
subdivisions for the purpose of relocating common boundaries between adjoining<br />
properties shall be exempt from the minimum parcel size requirement if there is no<br />
resulting change in any <strong>and</strong> all of the parcels. (Example: A north/south common<br />
boundary can be changed to an east/west orientation by relocating the common<br />
boundary without a net change to the original parcels sizes.)<br />
2.03.9 Required Setbacks.<br />
1. Property Lines 25 feet<br />
2. Springhill Road 50 feet<br />
3. Rocky Mountain Road 50 feet<br />
4. Gee Norman Road 50 feet<br />
5. Reese Creek Road 50 feet<br />
6. Bear Creek Road 50 feet<br />
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7. Creeks (named <strong>and</strong> unnamed);<br />
rivers; ditches; channels;<br />
canals; <strong>and</strong> springs 100 feet from the annual mean high water mark<br />
8. Wetl<strong>and</strong>s 50 feet<br />
2.03.10 Maximum Height of Dwellings <strong>and</strong> Structures<br />
1. Maximum 32 feet, unless number 2 below applies.<br />
2. Maximum 35 feet for a structure within a naturally wooded area in which existing<br />
trees in <strong>and</strong> around the building site are equal to the height of the proposed<br />
structure.<br />
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2.04 Neighborhood Business District (NB)<br />
2.04.1 Intent. The intent of this District is to provide for small-scale retail <strong>and</strong> service activities<br />
for the convenience of the community residents, while still maintaining the rural<br />
residential character.<br />
2.04.2 Permitted Uses (upon obtaining a Conditional Use Permit according to the provisions of<br />
Section 5.04).<br />
A neighborhood business is limited to:<br />
1. Convenience or general merch<strong>and</strong>ise store.<br />
2. An automobile gas station limited to a maximum of two (2) pumps <strong>and</strong> as part of a<br />
convenience or general store.<br />
3. A foodservice counter <strong>and</strong>/ or area (which may be within the structure or out side) as<br />
part of a convenience or general store.<br />
4. Veterinary Clinic.<br />
5. Child Day Care Center.<br />
2.04.3 Lot Area. The minimum lot area in this District shall be two (2) acres <strong>and</strong> a minimum<br />
lot width of 200 feet.<br />
2.04.4 Lot Location. The Neighborhood Business District shall be located on an arterial road<br />
that is maintained by <strong>Gallatin</strong> <strong>County</strong> or the Montana Department of Transportation. A<br />
District-lot may not include an irrigation ditch or a watercourse.<br />
2.04.5 Required Setbacks.<br />
1. Property line setback 50 feet<br />
2. Road setback 100 feet<br />
2.04.6 Structure Footprint. The minimum building footprint area for a structure is 800 square<br />
feet <strong>and</strong> the maximum building footprint area is 2,400 square feet.<br />
2.04.7 Lot Coverage. No more than 50 percent of the lot area shall be occupied by impervious<br />
surfaces.<br />
2.04.8 Building Height. Maximum building height in the District shall be 32 feet.<br />
2.04.9 Parking Plan. A Parking Plan shall be submitted with the Conditional Use Permit<br />
(CUP) application. The plan shall:<br />
1. Locate <strong>and</strong> describe the number of parking spaces that will accommodate the traffic<br />
that corresponds with the business use planned.<br />
2. Prohibit designated parking from within the required setback areas.<br />
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3. Provide a minimum of two (2) h<strong>and</strong>icap-access parking spaces.<br />
4. Provide pedestrian walkways.<br />
5. Provide designated vehicular <strong>and</strong> pedestrian access to the business.<br />
2.04.10 Screening. View-obscuring screening may be required between the business use <strong>and</strong><br />
any adjacent residential <strong>district</strong>. The screening may consist of a combination of berms,<br />
l<strong>and</strong>scaping, fences, <strong>and</strong> masonry walls. A Site Plan, drawn to scale shall be submitted<br />
with the Conditional Use Permit (CUP) application that includes the following:<br />
1. Parcel dimension.<br />
2. Existing <strong>and</strong> proposed grade of the site.<br />
3. Location <strong>and</strong> dimension of existing <strong>and</strong> proposed buildings, fences <strong>and</strong> walls.<br />
4. Location of storage area for solid waste <strong>and</strong> other service areas.<br />
5. L<strong>and</strong>scaping (existing <strong>and</strong> proposed).<br />
6. Sign type <strong>and</strong> location.<br />
7. Location <strong>and</strong> description of outdoor lighting.<br />
8. Location of snow <strong>and</strong> stormwater retention area.<br />
2.04.11 St<strong>and</strong>ards.<br />
1. To qualify as a Neighborhood Business District, the lot shall be contiguous to an<br />
arterial road <strong>and</strong> can provide adequate access.<br />
2. The structure <strong>and</strong> business use shall be compatible with adjacent residential uses.<br />
3. Merch<strong>and</strong>ise deliveries <strong>and</strong> solid waste collection shall be at the rear of the lot or at<br />
the rear of the structure.<br />
4. The building exterior-materials <strong>and</strong> appearance shall be compatible with the<br />
residential character of the District (RR-40, AR-80, RW-160) in which it is located;<br />
<strong>and</strong> exterior colors shall comply with st<strong>and</strong>ards of the applicable residential <strong>district</strong>.<br />
5. Effort shall be made to preserve existing natural vegetation <strong>and</strong> replacement of<br />
vegetation removed for site construction.<br />
6. The lot shall provide a trail easement for bike, horse, <strong>and</strong>/ or pedestrian access that is<br />
at least ten (10) feet wide <strong>and</strong> separate from adequate vehicular circulation <strong>and</strong><br />
access.<br />
2.04.12 Criteria for Zone Amendment Review.<br />
1. The business use complies with the permitted uses (Section 2.04.2).<br />
2. Demonstrate compliance with st<strong>and</strong>ards pursuant to Section 2.04.11.<br />
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3. Submittal of a Site Plan that:<br />
a. describes <strong>and</strong> locates the placement of uses on the lot;<br />
b. describes the activities <strong>and</strong> proposed mitigation for potential smoke, dust,<br />
airborne particles, glare, heat or noise; hours of operation; any potential fire<br />
mitigation; <strong>and</strong> traffic mitigation;<br />
c. complies with the parking requirements (Section 2.04.9);<br />
d. complies with the screening requirements (Section 2.04.10); <strong>and</strong><br />
e. complies with any other applicable st<strong>and</strong>ards pursuant to General Building <strong>and</strong><br />
Development St<strong>and</strong>ards (Section 3.01).<br />
4. Demonstrate compliance with the <strong>Gallatin</strong> <strong>County</strong> Growth Policy.<br />
5. Agreement to install all required improvements prior to occupancy of the business<br />
<strong>and</strong> obtain a Certificate of Occupancy pursuant to Section 2.04.14.<br />
6. The Zone Amendment to allow the Neighborhood Business District is for the<br />
specified use approved <strong>and</strong> any change of use shall be reviewed <strong>and</strong> only permitted<br />
with an approved Conditional Use Permit (CUP) pursuant to Section 5.04.<br />
2.04.13 Review Procedures. An applicant requesting a Neighborhood Business District<br />
designation shall submit all requirements of this Section as part of the Zone Amendment<br />
procedure set forth in Section 5.07.<br />
2.04.14 Certificate of Occupancy. All improvements (including parking, trail, screening,<br />
l<strong>and</strong>scaping, lighting, signage, etc.) shall be installed before occupancy of the<br />
structure(s) or use of the approved business <strong>and</strong> verified by the Zoning Enforcement<br />
Agent as a condition of the zone change approval. Upon confirmation that all required<br />
improvements are installed <strong>and</strong> satisfactory to the Zoning Enforcement Officer, the<br />
Zoning Enforcement Officer shall issue a Certificate of Occupancy.<br />
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2.05 Public L<strong>and</strong>s District (PL)<br />
2.05.1 Intent. The intent of this District is to identify National Forest l<strong>and</strong>s within the <strong>zoning</strong><br />
boundary <strong>and</strong> acknowledge that forest industry management <strong>and</strong> urban-wildl<strong>and</strong><br />
interface management that includes: timber harvest, wildlife habitat preservation, public<br />
access recreation, <strong>and</strong> grazing on public l<strong>and</strong>s, influences the quality of life <strong>and</strong><br />
economy of the Reese Creek Community. It is the intent of this Section to preserve<br />
existing multiple uses on <strong>Gallatin</strong> National Forest l<strong>and</strong>s <strong>and</strong> provide a public process in<br />
the event designated public l<strong>and</strong>s are privatized.<br />
2.05.2 Development Rights. Public l<strong>and</strong>s are not assigned any development rights. In the<br />
event that such l<strong>and</strong>s are conveyed to a private entity, the District designation <strong>and</strong><br />
development rights shall be determined by the <strong>County</strong> Commission pursuant to<br />
Amendments Section (Section 5.07) of these Regulations, <strong>and</strong> first consideration shall<br />
be given to the lowest-density <strong>district</strong> designation (Rural Residential <strong>and</strong> Wildlife<br />
Corridor RW-160) for all public-to-private l<strong>and</strong> conveyances.<br />
2.05.3 Uses Allowed By Right/ Principal Uses.<br />
All uses pursuant to the <strong>Gallatin</strong> National Forest Plan for public l<strong>and</strong>s <strong>and</strong> current<br />
administration policies.<br />
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3.00 GENERAL BUILDING AND DEVELOPMENT STANDARDS<br />
3.01 General Building <strong>and</strong> Development St<strong>and</strong>ards<br />
3.01.1 Intent. The purpose of this Section is to establish general building <strong>and</strong> development<br />
st<strong>and</strong>ards. These st<strong>and</strong>ards are intended <strong>and</strong> designed to assure compatibility of uses,<br />
protect the environment, preserve privacy, <strong>and</strong> preserve the character of the Reese<br />
Creek Community; <strong>and</strong> to enhance the health, safety <strong>and</strong> general welfare of the Reese<br />
Creek Zoning District residents. These st<strong>and</strong>ards supplement the specific District<br />
<strong>regulations</strong> set forth in these Regulations.<br />
3.01.2 Accessory Dwelling. An accessory dwelling shall be located on the same parcel as<br />
the principal dwelling (single-family dwelling). An accessory dwelling can either be<br />
attached or detached to the principal dwelling. An accessory dwelling is subordinate<br />
to the principal dwelling <strong>and</strong> includes an efficiency apartment, caretaker’s residence,<br />
agricultural employee housing <strong>and</strong> guesthouse.<br />
1. A minimum of two (2) onsite parking spaces shall be provided for an accessory<br />
dwelling unit.<br />
2. Nothing herein precludes the construction of the principal dwelling after the<br />
accessory dwelling provided all applicable <strong>regulations</strong> are met.<br />
3. An accessory dwelling may not be rented; qualified agricultural employee<br />
housing is exempt.<br />
3.01.3 Accessory Structures. With exception of structures for qualified agricultural uses, all<br />
accessory structures shall meet the following requirements:<br />
1. No accessory structure shall be erected in any required setback.<br />
2. No unfinished reflective siding shall be allowed.<br />
3. All accessory structures (other than caretaker residence, guesthouse, or employee<br />
housing for authorized agriculture operations) over 2400 square feet (building<br />
footprint) shall require a conditional use permit.<br />
4. On parcels smaller than five (5) acres, only two (2) accessory structures shall be<br />
allowed. A maximum of three (3) accessory structures shall be allowed on<br />
parcels over five (5) acres. A detached accessory dwelling is an accessory<br />
structure.<br />
5. Accessory buildings less than 200 square feet (building footprint) do not require a<br />
l<strong>and</strong> use permit <strong>and</strong> are not counted towards the accessory structure limit.<br />
3.01.4 Agriculture. As defined in MCA §76-2-903, agricultural activity includes activity that<br />
provides a st<strong>and</strong>ard annual income or that occurs on l<strong>and</strong> classified as agricultural or<br />
forest l<strong>and</strong> for taxation purposes. The condition or activity must occur in connection<br />
with the commercial production of farm products <strong>and</strong> includes, but is not limited to:<br />
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the operation of machinery <strong>and</strong> irrigation pumps; odors; dust; movement of water for<br />
agricultural activities; ground <strong>and</strong> aerial application of seed, fertilizer, conditioners,<br />
<strong>and</strong> plant protection products; employment <strong>and</strong> use of labor; roadway movement of<br />
equipment <strong>and</strong> livestock; construction <strong>and</strong> maintenance of buildings, fences, roads,<br />
bridges, waterways; timber harvesting, thinning, <strong>and</strong> timber regeneration; burning <strong>and</strong><br />
stubble <strong>and</strong> slash disposal, <strong>and</strong> plant nursery <strong>and</strong> commercial greenhouse activities.<br />
Commercial production of farm products includes the growing, raising, or marketing<br />
of plants or animals by the owners, owner’s agent, or lessee of the l<strong>and</strong> that provides<br />
the income or that occurs on l<strong>and</strong> that is classified as agricultural or forest l<strong>and</strong> for<br />
taxation purposes such as:<br />
a) forages <strong>and</strong> sod crops;<br />
b) dairy <strong>and</strong> dairy products;<br />
c) poultry <strong>and</strong> poultry products;<br />
d) livestock, including breeding, feeding, <strong>and</strong> grazing of livestock <strong>and</strong> recreational<br />
equine use;<br />
e) fruits;<br />
f) vegetables;<br />
g) flowers;<br />
h) seeds;<br />
i) grasses;<br />
j) trees, including commercial timber;<br />
k) freshwater fish <strong>and</strong> fish products;<br />
l) apiaries;<br />
m) equine <strong>and</strong> other similar products; or<br />
n) any other product that incorporates the use of food, feed, fiber, or fur.<br />
3.01.5 Animal-Proof Refuse Containers. All refuse shall be stored in animal-proof<br />
containers or made unavailable to all domestic <strong>and</strong> wild animals.<br />
3.01.6 Automobile Repair, Minor (a business operation). For Districts that permit it <strong>and</strong><br />
with an approved Conditional Use Permit (CUP) pursuant to Section 5.04, minor auto<br />
repair operations may be conducted in the residential <strong>district</strong>s subject to the following<br />
st<strong>and</strong>ards:<br />
1. All vehicles (stored <strong>and</strong> under repair) <strong>and</strong> all materials <strong>and</strong> solid waste related to<br />
the minor auto repair operation shall be located within structures or screened from<br />
adjacent property <strong>and</strong> public view.<br />
1. All vehicle repair work shall be conducted within an approved structure.<br />
2. Agricultural vehicles <strong>and</strong> farm equipment are exempt from st<strong>and</strong>ards 1 <strong>and</strong> 2<br />
above. A maximum of three (3) agricultural vehicles or pieces of farm equipment<br />
shall be on the site at any given time.<br />
3.01.7 Bed <strong>and</strong> Breakfast Inn. All Bed <strong>and</strong> Breakfast Inns shall be subject to the following<br />
st<strong>and</strong>ards:<br />
1. The proprietor shall reside in the Bed <strong>and</strong> Breakfast Inn.<br />
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2. The number of bedrooms available for guests shall be five (5) or fewer.<br />
3. Food service shall be limited to overnight guests only, <strong>and</strong> shall be prepared from<br />
an onsite, central kitchen facility.<br />
4. The Bed <strong>and</strong> Breakfast Inn’s exterior appearance shall be compatible to<br />
residential dwellings in the same District. There shall be no alteration to the<br />
exterior of the Bed <strong>and</strong> Breakfast Inn that would detract from the residential<br />
character of the District. Any alteration of the of the structure’s exterior or<br />
expansion of the structure for the purpose of increasing the number of guestbedrooms<br />
(up to the maximum 5 bedroom limit) is permitted with an approved<br />
Conditional Use Permit (CUP) pursuant to Section 5.04.<br />
5. One (1) parking space per guest-bedroom shall be provided onsite in addition to<br />
the two (2) parking spaces required for a dwelling unit.<br />
3.01.8 Equestrian Facilities, personal.<br />
1. Income from training, boarding, <strong>and</strong> lessons shall be incidental to the principal<br />
use of the property.<br />
2. Does not allow commercial equestrian facilities as defined in these Regulations.<br />
3.01.9 Fences <strong>and</strong> Walls.<br />
1. All fencing shall be wire or natural materials, of natural colors, <strong>and</strong> shall not detract<br />
from the natural environment.<br />
2. Subdivisions (reviewed pursuant to the <strong>Gallatin</strong> <strong>County</strong> Subdivision Regulations<br />
<strong>and</strong> within the Reese Creek Zoning District) are responsible for the cost of new<br />
fencing or the cost to maintain an old fence on the subdivision boundaries with<br />
agricultural l<strong>and</strong>.<br />
3.01.10 Greenhouse. A greenhouse that is an accessory structure within a residential <strong>district</strong><br />
<strong>and</strong> not part of a qualified agriculture operation shall be limited to:<br />
1. Each greenhouse structure is limited to a maximum 1500 square feet (building<br />
footprint) without an approved Conditional Use Permit (CUP) pursuant to Section<br />
5.04.<br />
2. Parcels five (5) acres or smaller are limited to one (1) greenhouse.<br />
3.01.11 Guest Ranch. For Districts that permit it <strong>and</strong> with an approved Conditional Use<br />
Permit (CUP) pursuant to Section 5.04, a guest ranch shall also comply with the<br />
following st<strong>and</strong>ards:<br />
1. Requires a minimum 320-acre parcel.<br />
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2. A guest ranch’s overnight accommodations may be a designated room within a<br />
structure, such as a central lodge, or a separate structure, such as a cabin. A guest<br />
ranch is limited to a maximum of eight (8) overnight accommodations. Parcels<br />
larger than 320 acres may increase the total overnight accommodations by one (1)<br />
for each increment of 40 acres over 320 acres.<br />
3. The location of all structures shall be limited to an area equal to a maximum of 10<br />
percent of the parcel. The structures shall be clustered to minimize the overall<br />
disturbance <strong>and</strong>/ or clearance of the l<strong>and</strong>scape. The 10 percent area shall be<br />
contiguous <strong>and</strong> identified on the Site Plan required in the CUP process <strong>and</strong> within<br />
the 10 percent area designated building envelope(s) shall be identified. (Example:<br />
a 320-acre parcel is required to locate all structures within a 32-acre area <strong>and</strong><br />
designate individual structure building envelopes.)<br />
4. A guest ranch is limited to one (1) main structure not to exceed 4000 square feet<br />
total for the kitchen, dining area, <strong>and</strong> other communal areas. The main structure<br />
may include overnight accommodations with the communal areas. Separate<br />
structures for individual guest ranch quarters (such as cabins) may be used to<br />
provide overnight accommodations. Overnight accommodation structures shall<br />
not exceed 1000 square feet per each unit. A guest ranch may have a combination<br />
of buildings to provide services <strong>and</strong> overnight accommodations not to exceed the<br />
limits specified in this Section (3.01.11).<br />
5. Individual guest ranch quarters (such as cabins) shall not contain a kitchen or<br />
cooking facilities. Central kitchen or cooking facilities are allowed.<br />
6. All guest ranch services <strong>and</strong> accommodations (lodging, dining, recreation) are<br />
limited to overnight guests.<br />
7. Guest ranch quarters (such as cabins) shall not be offered for rent or sale as<br />
dwelling units.<br />
8. A guest ranch may provide facilities to accommodate local customary recreational<br />
activities, which does not include the use of motorized vehicles <strong>and</strong>/ or activities.<br />
9. A guest ranch providing recreational activities shall provide for or have direct<br />
access to riding trails or other recreational facilities, to reduce off-site automobile<br />
travel.<br />
10. A Parking Plan that complies with Section 3.01.18 shall be included with the<br />
CUP application to assure adequate parking according to proposed use <strong>and</strong><br />
capacity. A minimum of one (1) parking space per 200 square feet of building<br />
footprint is required.<br />
11. Outdoor lighting shall comply with Section 3.01.16. Location <strong>and</strong> identification<br />
of all outdoor lighting shall be included in the Parking Plan.<br />
12. All activity areas shall be designed to protect <strong>and</strong> ensure the general safety <strong>and</strong><br />
welfare of participants, area residents, <strong>and</strong> wildlife.<br />
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13. All guest ranch facilities shall comply with applicable state <strong>and</strong> local<br />
requirements (such as licensing, inspections, permits, etc.) pertaining to building,<br />
fire <strong>and</strong> safety codes.<br />
3.01.12 Home Based Business. A home based business shall meet the following st<strong>and</strong>ards:<br />
1. A home-based business shall be operated by a person residing within the dwelling.<br />
2. A home-based business is limited to three (3) employees that work on the<br />
premises <strong>and</strong> limited to types of activities such as contracting businesses; service<br />
businesses; offices; music, art, or other instruction; individual-artist studio <strong>and</strong><br />
galleries.<br />
3. The home-based business shall not change the residential character of the lot.<br />
4. All vehicles, materials, <strong>and</strong> solid waste related to the home-based business shall<br />
be located within structures or screened from adjacent property view <strong>and</strong> public<br />
view.<br />
5. Disposal of all waste created by the home based business shall comply with<br />
<strong>Gallatin</strong> City-<strong>County</strong> Health Department, Environmental Health <strong>and</strong> Montana<br />
Department of Environmental Quality.<br />
6. No noise shall be created between the hours of 8 p.m. <strong>and</strong> 7 a.m. that is detectable<br />
to normal sensory perception at the property line.<br />
7. Generation of more than an average of ten (10) additional daily trips by any<br />
home-based business is prohibited.<br />
8. All parking shall be provided on site.<br />
9. All facilities shall comply with applicable state <strong>and</strong> local requirements (such as<br />
licensing, inspections, permits, etc.) pertaining to building, fire <strong>and</strong> safety codes.<br />
3.01.13 Home Occupation. A home occupation shall meet the following st<strong>and</strong>ards:<br />
1. A home occupation shall be operated by a person residing within the dwelling.<br />
2. No one residing off premises may be employed on the premises of a home<br />
occupation for work related to the home occupation.<br />
3. Disposal of all waste created by the home occupation shall comply with <strong>Gallatin</strong><br />
City-<strong>County</strong> Health Department, Environmental Health <strong>and</strong> Montana Department<br />
of Environmental Quality.<br />
4. All parking shall be provided on site.<br />
3.01.14 Mobile, Modular, <strong>and</strong> Manufactured Homes.<br />
Mobile, modular, <strong>and</strong> manufactured homes qualify as single-family dwellings <strong>and</strong><br />
shall comply with the applicable District designation (Section 2); <strong>and</strong> in order to<br />
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achieve acceptable similarity in appearance <strong>and</strong> construction between conventional or<br />
site-built housing <strong>and</strong> mobile, modular, <strong>and</strong> manufactured homes, the following<br />
st<strong>and</strong>ards shall also apply:<br />
1. All Mobile, Modular, <strong>and</strong> Manufactured Homes:<br />
a. Dwellings shall be permanently connected to utility services in compliance<br />
with applicable codes.<br />
b. Dwellings shall have a permanent foundation compatible with conventionally<br />
built housing in surrounding area; or be physically anchored using<br />
manufacturers’ suggested st<strong>and</strong>ards <strong>and</strong> schematic (for system such as<br />
perimeter or runner footing <strong>and</strong> cable attachment), <strong>and</strong> appear compatible<br />
with conventionally built housing in the surrounding area. A block-support<br />
system is not acceptable permanent or anchored foundation. Confirmation of<br />
permanent foundation or manufacturers’ approved anchoring is required as<br />
part of the l<strong>and</strong> use permit.<br />
c. Roofs shall have sloping lines with eaves, <strong>and</strong> shall be compatible with<br />
conventionally housing in surrounding area.<br />
d. Roofing material shall be of same fire resistant material required of<br />
conventional housing.<br />
e. The exterior covering material shall be similar <strong>and</strong> compatible to materials of<br />
housing in surrounding area.<br />
f. The exterior covering color (including roof) shall be similar <strong>and</strong> compatible to<br />
colors of housing in surrounding area.<br />
2. Mobile Homes. In addition to all of the above, the following st<strong>and</strong>ards apply:<br />
a. All mobile home dwellings must bear an insignia, which attests that the<br />
construction of the mobile home meets the Mobile Home Construction <strong>and</strong><br />
Safety St<strong>and</strong>ards of the US Department of Housing <strong>and</strong> Urban Development.<br />
b. Mobile home skirting must be provided around the entire perimeter of the<br />
dwelling. The skirting shall match the color <strong>and</strong> material of the exterior<br />
covering, <strong>and</strong> shall extend to the ground to conceal the underside of the<br />
mobile home <strong>and</strong> the permanent foundation.<br />
c. An ab<strong>and</strong>oned, burned, or wrecked mobile home must be secured against<br />
entry <strong>and</strong> may remain on the lot for no more than 45 days in the ab<strong>and</strong>oned,<br />
burned, or wrecked condition.<br />
3.01.15 Non-agricultural structures over 32 feet.<br />
1. Parcels less than 40 acres are limited to one (1) non-agricultural structure with a<br />
height that exceeds 32 feet, with an approved Conditional Use Permit (CUP).<br />
3.01.16 Outdoor Lighting. Outdoor lighting which is necessary for adequate safety, utility, <strong>and</strong><br />
commerce is permitted provided it does not interfere with the privacy of others or the<br />
safety <strong>and</strong> enjoyment of property which is not intended to be illuminated; or cause the<br />
loss of the scenic view of the night sky; or does not produce glare. Permitted outdoor<br />
lighting shall meet the following conditions:<br />
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1. Lighting fixtures shall be located, aimed, <strong>and</strong> shielded so that direct illumination is<br />
focused exclusively on the structure facade, l<strong>and</strong>scape, or other intended site feature<br />
<strong>and</strong> away from adjoining properties <strong>and</strong> the public right-of-way.<br />
2. Lighting fixtures affixed to the exterior of a dwelling unit shall not exceed the height<br />
of the highest eave of the structure on which the light is located.<br />
3. Motion sensor activated lighting may only be triggered by movement on the<br />
property on which the light is located.<br />
4. Lighting fixtures mounted to a structure shall not extend more than four (4) feet<br />
above the highest part of the structure.<br />
5. L<strong>and</strong>scaping, walkway, driveway, sidewalk, bikeway lighting is limited to the path<br />
of travel area plus five (5) feet on either side of the path of travel.<br />
6. All-nonconforming outdoor light fixtures lawfully installed prior to <strong>and</strong> operable on<br />
the effective date of these Regulations are exempt from all lighting requirements.<br />
However, there shall be no change in use or lamp type, or any replacement (except<br />
the same type <strong>and</strong> output lamp replacement), or structure alterations made <strong>and</strong> if so,<br />
all changes shall comply with applicable <strong>regulations</strong>.<br />
7. Outdoor lighting not permitted in the Reese Creek Zoning District includes:<br />
a. Mercury vapor lamps.<br />
b. High-pressure sodium lamps.<br />
c. Blinking, flashing, moving, revolving, flickering, changing color, or chase<br />
lighting, except lighting for temporary seasonal displays, or lighting for public<br />
safety.<br />
d. Searchlights, floodlights, beacons or other similar high intensity lighting.<br />
e. Laser source lighting.<br />
f. Any upward oriented lighting.<br />
3.01.17 Outdoor Storage. Stored items shall be located within structures or screened from<br />
adjacent property view <strong>and</strong> public view.<br />
3.01.18 Parking.<br />
1. A minimum of two (2) on-site parking spaces shall be provided for every<br />
dwelling unit.<br />
2. For all non-residential uses that are required to provide parking shall include a<br />
minimum of one (1) disabled-accessible parking space in compliance with the<br />
American with Disabilities Act (ADA) dated, January 26, 1992, for every twelve<br />
(12) parking spaces provided. The disabled-accessible parking space(s) shall<br />
have an aisle five (5) feet wide; shall be located as near as practical to a primary<br />
entrance; <strong>and</strong> shall be marked reserved for disabled use showing the symbol of<br />
accessibility. If only one (1) disabled-accessible parking space is required, then it<br />
shall be designated <strong>and</strong> marked as “van accessible” <strong>and</strong> have an isle eight (8) feet<br />
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wide. For every 1-8 disabled-accessible parking spaces provided, a minimum of<br />
one (1) shall be designated van accessible.<br />
3. Parking areas with fifteen (15) or more parking spaces shall include l<strong>and</strong>scaping<br />
on a minimum of 10 percent of the parking area.<br />
4. Parking areas shall provide adequate space to be calculated at a minimum dimension<br />
of a 19’x 9’ (rectangle) for each required parking space.<br />
5. Places of worship <strong>and</strong> other similar places of public assembly shall provide at least<br />
one (1) passenger loading area on site.<br />
3.01.19 Power Plant, personal.<br />
1. Requires an approved Conditional Use Permit (CUP) pursuant to Section 5.04 for<br />
structures that exceed 32 feet in height.<br />
2. The process for generating power shall minimize <strong>and</strong>/ or mitigate the production of<br />
odors, smoke, dust, airborne particles, vibration, glare, heat or noise. Types of<br />
technology or processes that have the potential to generate excessive odors,<br />
smoke, dust, airborne particles, vibration, glare, heat or noise require a CUP<br />
pursuant to Section 5.04.<br />
3.01.20 Ridge <strong>and</strong> Ridgeline Development. Development of any ridge or ridgeline area<br />
shall blend with the natural terrain <strong>and</strong> vegetation in order to preserve <strong>and</strong> protect the<br />
scenic <strong>and</strong> rural character <strong>and</strong> environmental quality of the Reese Creek Zoning<br />
District in accordance with the following st<strong>and</strong>ards:<br />
1. Parcels created after the adoption of these Regulations shall meet the following<br />
st<strong>and</strong>ards as part of subdivision review:<br />
a. Building sites for all structures shall not detract from the scenic qualities or<br />
overall character of the District; <strong>and</strong> shall not obstruct views as viewed from<br />
public roads within the District.<br />
b. Building sites shall be down grade of the ridgeline.<br />
c. Structures <strong>and</strong> rooflines shall follow or mimic the contour of the ridge.<br />
d. Structures shall not break the silhouette of the ridge as viewed from public<br />
roads within the District.<br />
e. The exterior of all structures (including roofs) shall use muted <strong>and</strong> subdued<br />
earth-tone colors that blend in with the natural l<strong>and</strong>scape.<br />
f. Retaining walls shall be terraced <strong>and</strong> made of materials that blend with<br />
existing natural l<strong>and</strong>scape.<br />
g. Areas cleared <strong>and</strong> graded but not built upon, shall be revegetated to<br />
approximate the original density <strong>and</strong> type of vegetation (including trees)<br />
condition existing prior to the disturbance <strong>and</strong> shall be completed within 24<br />
months of the start of construction or disturbance.<br />
h. Appropriate sediment <strong>and</strong> erosion control measures shall be used throughout<br />
construction of site.<br />
i. L<strong>and</strong>scaping shall be added to screen structures in view from public roads.<br />
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j. Slopes of 40 percent or greater shall be permanently preserved <strong>and</strong> prohibited<br />
from development.<br />
k. Site grading shall not alter existing prominent geological features or ridgeline<br />
silhouette.<br />
l. Driveways shall be designed to follow the contours of the terrain in order to<br />
minimize grading <strong>and</strong> to prevent erosion.<br />
m. Driveways of grades greater than 10 percent shall not exceed 100 feet in<br />
length.<br />
n. All driveways shall be a minimum of fourteen (14) feet wide for emergency<br />
vehicle accessibility; <strong>and</strong> driveways greater than 1000 feet in length shall<br />
provide a turn out every 1000 feet to allow passage by emergency vehicles.<br />
2. Parcels created prior to the adoption of these Regulations shall meet the following<br />
st<strong>and</strong>ards for development of ridges or ridgelines as part of L<strong>and</strong> Use Permit<br />
process pursuant to Section 5.03:<br />
a. Building sites are discouraged from ridges or detracting from ridgelines as<br />
viewed from public roads within the District, but are not prohibited from<br />
placing building sites on ridgelines.<br />
b. The exterior of all structures (including roofs) shall be muted <strong>and</strong> subdued<br />
earth-tone colors that blend in with the natural l<strong>and</strong>scape.<br />
c. Areas cleared <strong>and</strong> graded but not built upon, shall be revegetated to<br />
approximate the original density <strong>and</strong> type of vegetation (including trees)<br />
condition existing prior to the disturbance <strong>and</strong> shall be completed within 24<br />
months of the start of construction or disturbance.<br />
d. Driveways shall be designed to follow the contours of the terrain in order to<br />
minimize grading <strong>and</strong> to prevent erosion.<br />
e. Driveways of grade 10 percent or greater shall not exceed 100 feet in length.<br />
f. Appropriate sediment <strong>and</strong> erosion control measures shall be used through out<br />
construction of site.<br />
g. L<strong>and</strong>scaping shall be added to screen structures in views from public roads.<br />
h. All driveways shall be a minimum of fourteen (14) feet wide for emergency<br />
vehicles accessibility; <strong>and</strong> driveways greater than 1000 feet in length shall<br />
provide a turn out every 1000 feet to allow passage for emergency vehicles.<br />
3.01.21 Signs. Blinking, flashing, moving, revolving, flickering, changing color, neon,<br />
banner, <strong>and</strong> billboard signs are not allowed in the District. Allowed signs shall meet<br />
the following conditions:<br />
1. Permitted signs shall be limited to a total surface area not exceeding twelve (12)<br />
square feet.<br />
2. Permitted signs shall be attached to or mounted on a freest<strong>and</strong>ing pole(s) or post;<br />
or supported by a monument style pedestal.<br />
3. Permitted signs (<strong>and</strong> supporting structure) shall be limited to a maximum height<br />
of six (6) feet above grade. All signs exceeding six (6) feet in height shall be<br />
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eviewed pursuant to the Conditional Use Permit (CUP) process pursuant to<br />
Section 5.04.<br />
4. One (1) portal sign is permitted to identify the property owner (with name <strong>and</strong>/ or<br />
address, br<strong>and</strong>, or similar) <strong>and</strong> shall be located on the premises <strong>and</strong> at the entrance<br />
to the property.<br />
5. A sign located on private property (not in the public right-of-way) to reduce speed<br />
as a caution for children, domestic animals, livestock, or wildlife is allowed.<br />
6. One (1) sign on premise is permitted for use with a Home Occupation or Home<br />
Based Business. Information on a sign for this use is limited to the name,<br />
occupation, <strong>and</strong> logo of the qualified home-based business or home occupation.<br />
3.01.22 Shooting Preserve (Upl<strong>and</strong> Birds).<br />
1. All activity areas shall be designed to protect <strong>and</strong> ensure the general safety <strong>and</strong><br />
welfare of participants, area residents, <strong>and</strong> non-targeted wildlife.<br />
2. All facilities shall comply with applicable state <strong>and</strong> local requirements (such as<br />
licensing, inspections, permits, etc.) pertaining to building, fire <strong>and</strong> safety codes.<br />
3.01.23 Wildfire Mitigation.<br />
TABLE A<br />
1. All new construction <strong>and</strong> replacement roofing on structures within the District<br />
shall use only Class A or B fire-rated roofing materials (Table A).<br />
2. Defensible space shall be created <strong>and</strong> maintained in accordance with the<br />
vegetation reduction <strong>and</strong> clearance guidelines of the Fire Protection Guidelines<br />
for Wildl<strong>and</strong> Residential Interface Development (Appendix A).<br />
Fire Ratings of Roofing Materials:<br />
Class A fire rated roofing materials includes slate; rock shingle; concrete tile; <strong>and</strong><br />
fiberglass based asphalt shingle <strong>and</strong> rolled roofing.<br />
Class B fire rated roofing materials includes aluminum shingle; aluminum or<br />
steel panels; <strong>and</strong> periodically treated wood shingle or shake, plus heat<br />
barrier.<br />
Class C fire rated roofing materials includes felt-tar based asphalt or rolled<br />
roofing; asphalt tar gravel; <strong>and</strong> periodically treated wood shake <strong>and</strong><br />
wood shingle.<br />
Not Rated roofing material includes untreated wood shingle or shake.<br />
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3.01.24 Utilities. Any new <strong>and</strong>/ or relocated utilities providing service to parcels or<br />
structures shall be placed underground. Refer to Section 5.06 for site constraints that<br />
may necessitate a variance.<br />
3.01.25 Worship, Places of.<br />
1. Requires a minimum two- (2) acre parcel <strong>and</strong> is limited to a maximum five- (5)<br />
acre parcel.<br />
2. Site is limited to one (1) structure with a maximum 3000 square-foot building<br />
footprint.<br />
3. The site may include one (1) accessory structure limited to 200 square feet.<br />
4. Building height limit shall not exceed 32 feet.<br />
5. A Site Plan that designates all outdoor lighting <strong>and</strong> signage is required in<br />
accordance with the Conditional Use Permit (CUP) process pursuant to Section<br />
5.04.<br />
6. The lot shall be contiguous to an arterial road <strong>and</strong> provide adequate access.<br />
7. Adequate parking shall be provided for use <strong>and</strong> capacity <strong>and</strong> demonstrated with a<br />
Parking Plan with the CUP submittal.<br />
8. The parking area may not be within the side property line setback.<br />
9. A minimum of one (1) parking space per 200 square feet of public assembly area is<br />
required; <strong>and</strong> two (2) parking spaces for each classroom.<br />
10. Permanent facilities for subordinate uses such as kitchen facilities, childcare<br />
services, education facilities, entertainment <strong>and</strong> events facilities, each require a<br />
separate review <strong>and</strong> use permit according to the CUP process.<br />
11. Any community use (other than public assembly for worship) of the indoor <strong>and</strong>/ or<br />
outdoor facilities shall be limited to daily uses that end at 11:00 p.m.<br />
12. All facilities shall comply with all applicable state <strong>and</strong> local requirements (such as<br />
licensing, inspections, permits, etc.) pertaining to building, fire <strong>and</strong> safety codes.<br />
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4.0 SPECIAL PROVISIONS<br />
4.01 Additional Development Rights for Cluster Subdivision Provision<br />
4.01.1 Intent. The intent of this section is to provide for the use of additional development<br />
rights for the purpose of residential cluster subdivision intended to:<br />
Preserve unique <strong>and</strong> important natural features.<br />
Provide property owners of large tracts of l<strong>and</strong> to preserve a majority of the l<strong>and</strong> <strong>and</strong><br />
have the option to develop a small portion.<br />
Provide for the continuation of agricultural operations.<br />
Protect the rural atmosphere.<br />
Properly plan <strong>and</strong> utilize l<strong>and</strong> that may have areas unsuitable for development<br />
(wetl<strong>and</strong>s, steep slope, wildlife habitat, streams, etc.)<br />
Encourage flexibility of design.<br />
Promote attractive <strong>and</strong> comprehensive site planning.<br />
Promote efficiency in the provision of public services, including roads.<br />
4.01.2 Definitions Specific to the Cluster Subdivision Provision.<br />
Cluster Subdivision. An acceptable clustered development designed to minimize the<br />
overall disturbance on the l<strong>and</strong>scape, creating smaller lots which are grouped together<br />
on a site as opposed to scattered throughout a site, approved by a Conditional Use<br />
Permit (CUP) prior to subdivision review.<br />
Additional Development Rights. Development rights in addition to principal<br />
development rights, that may be used only for cluster subdivision <strong>and</strong> if all criteria are<br />
met.<br />
Qualified Parcel. Parcels recorded at the adoption of these Regulations that are within<br />
10 percent of the required parcel size for the <strong>district</strong>, qualify for additional development<br />
rights. In the AR-80 District the minimum parcel size a parcel may be to qualify for the<br />
additional development right is 80 acres or parcels recorded at adoption of these<br />
Regulations that are within 10 percent, which includes parcels between 72 to 79 acres.<br />
In the RW-160 District the minimum parcel size a parcel may be to qualify for the<br />
additional development rights is 160 or parcels recorded at adoption of these<br />
Regulations that are within 10 percent, which includes parcels between 144 to 159 acres.<br />
4.01.3 General Use of Additional Development Rights.<br />
1. Development Rights (principal <strong>and</strong> additional development rights) are determined<br />
by the recorded parcel size at adoption of these Regulations.<br />
2. Additional development rights only apply to parcels within the AR-80 <strong>and</strong> RW-160<br />
Districts.<br />
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4.01.4 Authorized Development Rights Uses.<br />
1. RW-160 District. A 160-acre parcel within the RW-160 District has one (1)<br />
development right (principal right) that may be used according to the principal uses<br />
allowed in the District, <strong>and</strong> three (3) additional development rights which may only<br />
be used for onsite subdivision if the criteria for Cluster Subdivision Provision are<br />
met.<br />
An example of using a combination of development rights: A 160-acre parcel with a<br />
single-family dwelling (considered use of the principal development right) has three<br />
(3) additional development rights that may be used onsite to create a cluster<br />
subdivision pursuant to the criteria of Cluster Subdivision Provision (Section 4.01)<br />
<strong>and</strong> Conditional Use Permit (CUP) process of Section 5.04. Use of the Cluster<br />
Subdivision Provision <strong>and</strong> criteria applies to the creation of one (1), two (2), or three<br />
(3), additional lots using the additional development rights. If the 160-acre parcel is<br />
undeveloped, all four (4)-development rights (principal <strong>and</strong> additional) may be used<br />
to create a four- (4) lot cluster subdivision <strong>and</strong> open-space tract.<br />
2. The AR-80 District. An 80-acre parcel with a single-family dwelling (considered<br />
use of the principal development right) has one (1) additional development right that<br />
may be used onsite to create a one- (1) lot subdivision pursuant to the criteria of<br />
Cluster Subdivision Provision (Section 4.01) <strong>and</strong> Conditional Use Permit (CUP)<br />
process of Section 5.04. Use of the Cluster Subdivision Provision <strong>and</strong> criteria<br />
applies to the creation of one (1) lot using the additional development right. If the<br />
80-acre parcel is undeveloped, both development rights (principal <strong>and</strong> additional)<br />
may be used to create a two- (2) lot cluster subdivision <strong>and</strong> open-space tract.<br />
4.01.5 Criteria for Cluster Subdivision <strong>and</strong> Use of Development Rights.<br />
1. Minimum parcel size for participation of the Cluster Subdivision Provision is 80<br />
acres in the AR-80 District; <strong>and</strong> 160 acres in the RW-160 District. Parcels of record<br />
at the adoption of these Regulations within 10 percent of the minimum parcel size<br />
also qualify for use of the additional development right(s) for cluster subdivision (72<br />
to 79 acres in the RW-80 District; <strong>and</strong> 144- to 159 acres in the RW-160 District are<br />
qualified parcels).<br />
2. At adoption of these Regulations, parcels developed with a single-family dwelling<br />
are considered to have used the principal development right; additional development<br />
right(s) may apply.<br />
3. The maximum overall density using the Cluster Subdivision Provision is 1:40.<br />
4. Minimum lot size is subject to Montana Department of Environmental Quality <strong>and</strong><br />
<strong>Gallatin</strong> City-<strong>County</strong> Health Department.<br />
5. Maximum lot sizes:<br />
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a. Within the AR-80 District: The area for all lots created pursuant to the Cluster<br />
Subdivision Provision is limited to 10 percent of the original parcel. If one (1)<br />
additional development right is used then the maximum lot size for the clusterlot<br />
is eight (8) acres (for an 80-acre parcel); if two (2) or more development<br />
rights are used in accordance with the cluster criteria then the lot sizes may vary,<br />
but the cluster subdivision is limited to one ten-(10) acre parcel for development<br />
within the 10-percent area.<br />
b. Within the RW-160 District: The area for all cluster-lots created pursuant to<br />
the Cluster Subdivision Provision is limited to 15 percent of the original parcel.<br />
If one (1) additional development right is used then the maximum lot size for the<br />
cluster-lot is the area that equals 15 percent of the original parcel; if two (2) or<br />
more development rights are used in accordance with the cluster criteria then the<br />
lot sizes may vary, but the cluster subdivision is limited to one ten- (10) acre<br />
parcel for development within the 15-percent area.<br />
6. An open-space tract is created when all development rights are concentrated within a<br />
cluster subdivision on a maximum of 10 percent of a participating lot in the AR-80<br />
District or 15 percent of a participation lot in the RW-160 District. The resulting<br />
open-space tract will consist of 90 percent of the participating lot in the AR-80<br />
District <strong>and</strong> 85 percent of the participating lot in the RW-160 District. The<br />
designated open-space tract may be used for agricultural purposes but is prohibited<br />
from including dwellings or non-agricultural structures because all development<br />
rights have been applied to the cluster subdivision. Ownership of the open-space<br />
tract may be in common <strong>and</strong> managed by provisions in the Home Owner’s<br />
Association; privately owned; or a combination of both.<br />
7. Criteria from this list must be met to use development rights for cluster subdivision<br />
(items a <strong>and</strong> b below are m<strong>and</strong>atory <strong>and</strong> a minimum of four (4) others from c<br />
through i are required):<br />
a. New lots are in close proximity to public roads. (m<strong>and</strong>atory)<br />
b. New lots are contiguous as clustered. (m<strong>and</strong>atory)<br />
c. Building sites are located in an area least likely to interrupt or detract from<br />
wildlife corridors, wetl<strong>and</strong>s <strong>and</strong> scenic vistas, as seen from public roads <strong>and</strong><br />
neighboring properties.<br />
d. Building sites are located on the least fertile soils for agricultural uses, <strong>and</strong> in a<br />
manner, which maximizes the useable area remaining for such use.<br />
e. Building sites are along the edges of open fields adjacent to any woodl<strong>and</strong> in<br />
order to reduce impact on agriculture; to provide summer shade <strong>and</strong> shelter from<br />
winter wind; <strong>and</strong> to enable new construction to be visibly absorbed by natural<br />
l<strong>and</strong>scape features.<br />
f. Building sites are located with the least disturbances to the natural topography,<br />
l<strong>and</strong>scape, vegetation, <strong>and</strong> agriculture.<br />
g. Building sites avoid exposed hillsides, ridgetop, <strong>and</strong> <strong>creek</strong>banks.<br />
h. Building sites are in close proximity to roads <strong>and</strong> existing dwellings.<br />
i. New lots share driveway access.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 37<br />
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8. Parcels undeveloped may use the principal development right to create a lot that is 90<br />
percent of the original parcel in the AR-80 District or up to 85 percent of an original<br />
parcel in the RW-160 District <strong>and</strong> use the balance of the original parcel (either 10<br />
percent or 15 percent) to cluster the remaining development rights (additional<br />
development rights) pursuant to the Cluster Subdivision Provision. In addition to<br />
the criteria above, to create a lot that is 90 percent of an original parcel in the AR-80<br />
District or 85 percent of an original parcel in the RW-160 District, the following<br />
criteria shall be met. A minimum of four (4) from the criteria (a through g) below<br />
must be met:<br />
a. Building sites are located in an area least likely to interrupt or detract from<br />
wildlife corridors, wetl<strong>and</strong>s <strong>and</strong> scenic vistas, as seen from public roads <strong>and</strong><br />
neighboring properties.<br />
b. Building sites are located on the least fertile soils for agricultural uses, <strong>and</strong> in a<br />
manner, which maximizes the useable area remaining for such use.<br />
c. Building sites are along the edges of open fields adjacent to any woodl<strong>and</strong> in<br />
order to reduce impact on agriculture; to provide summer shade <strong>and</strong> shelter from<br />
winter wind; <strong>and</strong> to enable new construction to be visibly absorbed by natural<br />
l<strong>and</strong>scape features.<br />
d. Building sites are located with the least disturbances to the natural topography,<br />
l<strong>and</strong>scape, vegetation, <strong>and</strong> agriculture.<br />
e. Building sites avoid exposed hillsides, ridgetop, <strong>and</strong> <strong>creek</strong>banks.<br />
f. Building sites are in close proximity to roads <strong>and</strong> existing dwellings.<br />
g. New lots share driveway access.<br />
9. The following statement shall be recorded on the plat: Tracts created by approval of<br />
a cluster subdivision pursuant to Reese Creek Zoning Regulations, Section 4.01, are<br />
not permitted any further conditional uses as described in Section 2.02.3 <strong>and</strong> Section<br />
2.03.3.<br />
4.01.6 Review Procedures. A Conditional Use Permit (CUP) is required for use of the Cluster<br />
Subdivision Provision. All cluster subdivision proposals shall meet the requirements of<br />
this Section <strong>and</strong> be reviewed through the CUP process pursuant to Section 5.04 prior to<br />
application for subdivision review. A CUP granting the use of a cluster subdivision<br />
shall comply with the provisions of this Section <strong>and</strong> the provisions of Section 5.04.<br />
4.01.7 Application Requirements. The following material shall be submitted for Conditional<br />
Use Permit (CUP) review of cluster subdivision:<br />
1. Demonstrate compliance with cluster provisions <strong>and</strong> criteria of this Section.<br />
2. Provide a site plan or layout that identifies lot sizes, access, building sites, surface<br />
water, wooded area, <strong>and</strong> ridgelines.<br />
3. If an open-space tract is created, provide a plan for its use that includes irrigation<br />
uses.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 38<br />
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4. If an open-space tract is created, provide draft copies of proposed deed restrictions<br />
that specify use of <strong>and</strong> any remaining development rights; ensures the perpetuity of<br />
the open space designation; specifies any restricted uses.<br />
4.01.8 Approval. The <strong>County</strong> Commission shall approve a Conditional Use Permit (CUP)<br />
for the use of Cluster Subdivision Provision if it complies with the provisions,<br />
criteria, <strong>and</strong> requirements of this Section <strong>and</strong> the general CUP criteria of Section 5.04.<br />
4.01.9 Expiration. Subdivision of l<strong>and</strong> is subject to review <strong>and</strong> separate application pursuant to<br />
the <strong>Gallatin</strong> <strong>County</strong> Subdivision Regulations. An approved Conditional Use Permit<br />
(CUP) permitting the use of the Cluster Subdivision Provision shall expire two (2) years<br />
from its approval date if a Preliminary Plat application for subdivision (that corresponds<br />
with the location, design, density, <strong>and</strong> number of lots of the approved CUP) has not been<br />
submitted to the <strong>County</strong> Planning Department.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 39<br />
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4.02 Transfer of Development Rights (TDR) Option<br />
4.02.1 <strong>County</strong> Transferable Development Rights Program. When these Regulations took<br />
effect <strong>Gallatin</strong> <strong>County</strong> had not created a Transferable Development Rights (TDR)<br />
program. The Reece Creek Advisory Committee proposed a TDR program. The<br />
proposed Reese Creek Zoning District TDR language is included in Appendix C of<br />
these Regulations. Appendix C provides a mechanism to create sending areas within<br />
a TDR program. Entitlements contained in Appendix C will not vest until Reese<br />
Creek Zoning District is part of a TDR program where the <strong>County</strong> Commission has<br />
established at least one <strong>County</strong> <strong>zoning</strong> <strong>district</strong> with receiving areas.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 40<br />
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5.00 ADMINISTRATIVE PROVISIONS<br />
5.01 Administration<br />
5.01.1 Intent. The intent of these Regulations is to regulate <strong>and</strong> promote orderly development.<br />
5.01.2 Zoning Enforcement Agent. The Zoning Enforcement Agent supervises <strong>and</strong> enforces<br />
the provisions of these Regulations pursuant to MCA §76-2-210. This consists of, but<br />
is not limited to, issuing l<strong>and</strong> use permits, enforcing violations <strong>and</strong> reviewing<br />
applications for conditional use permits, variances, re<strong>zoning</strong> requests <strong>and</strong><br />
amendments to these Regulations.<br />
5.01.3 Code Compliance Specialist. The Code Compliance Specialist ensures compliance<br />
with the provisions of these Regulations in conjunction with the Zoning Enforcement<br />
Agent. This consists of, but is not limited to, revoking l<strong>and</strong> use permits, issuing cease<br />
<strong>and</strong> desist orders, requiring removal/ dismantling of structures, determining<br />
compliance with these Regulations, <strong>and</strong> issuing fines. All decisions made by the<br />
Code Compliance Specialist follow the same administrative <strong>and</strong> appeals procedures<br />
as that of the Zoning Enforcement Agent.<br />
5.01.4 Advisory Committee. The <strong>County</strong> Commission may create a non-remunerative<br />
advisory committee, of up to five (5) members, to make recommendations within the<br />
District. Members are freeholders in the District. Advisory Committee members are<br />
appointed for two- (2) year staggered terms. Initially, two (2) members are appointed<br />
for one- (1) year terms <strong>and</strong> three (3) members are appointed for two- (2) year terms.<br />
Advisory Committee recommendations are advisory only <strong>and</strong> are not binding upon<br />
the Commission. Advisory Committee meetings are open to the public <strong>and</strong> noticed<br />
accordingly. The Advisory Committee may also notify the Zoning Enforcement<br />
Agent of alleged violations within the District.<br />
5.01.5 Board of Adjustment. Pursuant to §76-2-221, MCA, the <strong>County</strong> Commission shall<br />
appoint a five-member <strong>Gallatin</strong> <strong>County</strong> Consolidated Board of Adjustment (“BOA”).<br />
The <strong>Gallatin</strong> <strong>County</strong> Consolidated BOA shall have jurisdiction over all matters within<br />
the Reese Creek Zoning District within the BOA’s powers. Those powers shall be:<br />
1. To hear <strong>and</strong> decide appeals where it is alleged there is error in any order,<br />
requirement, decision, or determination made by an administrative official in the<br />
enforcement of these Regulations.<br />
2. To hear <strong>and</strong> decide variances (special exceptions) to these Regulations that will not<br />
be contrary to the public interest <strong>and</strong> where, owing to special conditions, a literal<br />
enforcement of the provisions of these Regulations will result in an unnecessary<br />
hardship, <strong>and</strong> so that the spirit of these Regulations is observed <strong>and</strong> substantial<br />
justice done.<br />
(Amended: <strong>County</strong> Commission Resolution No. 2007-123)<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 41<br />
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3. In exercising the above mentioned powers, the BOA may, reverse or affirm, wholly<br />
or partly, or modify the order, requirement, decision, or administrative determination<br />
made by the Planning Director appealed <strong>and</strong> may make such order, requirement,<br />
decision, or determination as ought to be made <strong>and</strong> to that end shall have all of the<br />
powers of the officer from whom the appeal is taken, (MCA §76-2-223). The<br />
concurring vote of three members of the BOA shall be necessary to grant a<br />
variance, reverse any order, requirement, decision, or determination of any such<br />
administrative official (MCA §76-2-224).<br />
5.01.6 <strong>County</strong> Planning Board. The 11-member <strong>Gallatin</strong> <strong>County</strong> Planning Board (Planning<br />
Board) consists of resident freeholders serving in an advisory capacity to the <strong>County</strong><br />
Commission. The Planning Board’s role is to make recommendations on the revision of<br />
boundaries <strong>and</strong> the amendment of <strong>regulations</strong> (MCA §76-2-204 <strong>and</strong> MCA §76-2-205).<br />
5.01.7 <strong>County</strong> Commission. The <strong>County</strong> Commission reserves the right to, after public<br />
notice <strong>and</strong> hearing, deny, approve or conditionally approve all conditional use<br />
applications.<br />
5.01.8 Schedule of Fees. The <strong>County</strong> Commission sets fees for all applications; including but<br />
not limited to l<strong>and</strong> use permits, zone changes, conditional use permits, <strong>and</strong> variances.<br />
The <strong>County</strong> Commission will not take action on an item until fees are paid in full.<br />
Fees are non-refundable.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 42<br />
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5.02 Non-Conforming Lots, Uses <strong>and</strong> Structures<br />
5.02.1 Intent. Within the <strong>district</strong>s established by these Regulations, there exist lots, structures,<br />
uses of l<strong>and</strong> <strong>and</strong> structures, <strong>and</strong> characteristics of use, which were lawful before these<br />
Regulations were adopted or amended, but which would be prohibited, regulated or<br />
restricted under terms of these Regulations or future amendments. It is the intent of<br />
these Regulations that non-conformities shall not be enlarged upon, exp<strong>and</strong>ed or<br />
extended, nor used as grounds for adding other structures or uses prohibited elsewhere in<br />
the same District.<br />
Non-conforming uses are declared by these Regulations to be incompatible with<br />
permitted uses in the <strong>district</strong> involved. However, to avoid undue hardship, nothing in<br />
these Regulations shall be deemed to require a change in the plans, construction or<br />
designated use of any building on which actual construction lawfully began prior to the<br />
effective date of adoption or amendment to these Regulations <strong>and</strong> which actual building<br />
construction has been carried on diligently. Actual construction is hereby defined to<br />
include the placing of construction materials in permanent position <strong>and</strong> fastened in a<br />
permanent manner. Where excavation or demolition or removal of an existing building,<br />
such excavation or demolition or removal shall be deemed to be actual construction,<br />
provided that work shall be carried on diligently.<br />
5.02.2 Non-Conforming Parcels of Record. In any District, structures permitted in said <strong>district</strong><br />
may be erected on any non-conforming parcel which was of record on the effective date<br />
of these Regulations. All other requirements <strong>and</strong> restrictions of the District apply to a<br />
parcel of record that does not meet parcel area requirements.<br />
A non-conforming parcel of l<strong>and</strong> shall not be divided or changed in any way to reduce<br />
the area of the original parcel or increase its non-conformity.<br />
5.02.3 Non-Conforming Uses of L<strong>and</strong>. Where at the time of the adoption of these Regulations<br />
lawful use of l<strong>and</strong> exists which would not be permitted by theses Regulations, the use<br />
may be continued so long as it remains otherwise lawful, provided:<br />
1. A legal non-conforming use shall not be enlarged or increased, or extended to<br />
occupy a greater area of l<strong>and</strong> than was occupied at the effective date of adoption or<br />
amendment of these Regulations.<br />
2. A legal non-conforming use shall not be moved in whole or in part to any portion of<br />
the lot or parcel not occupied by such use at the effective date of adoption or<br />
amendment of these Regulations.<br />
3. If any such non-conforming use of l<strong>and</strong> ceases for any reason for a period of more<br />
than 24 months, any subsequent use of such l<strong>and</strong> shall conform to these Regulations<br />
classified by these Regulations for the District in which the l<strong>and</strong> is located. If a<br />
seasonal use ceases for the use of two (2) consecutive seasons, then subsequent use<br />
of such l<strong>and</strong> shall conform to these Regulations.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 43<br />
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4. Any non-conforming use of l<strong>and</strong> superseded by a permitted use shall thereafter<br />
conform to these Regulations of the District in which it is located <strong>and</strong> the nonconforming<br />
use may not thereafter be resumed.<br />
5.02.4 Non-Conforming Structures. Where a lawful structure exists at the effective date of<br />
adoption or amendment of these Regulations that could not be built under the terms of<br />
these Regulations by reason of restriction on parcel, area, height, yards, its location on<br />
the parcel, or other requirements concerning the structure, such structure may be<br />
continued so long as it remains otherwise lawful, subject to the following provisions:<br />
1. A legal non-conforming structure shall not be altered or enlarged in any way, which<br />
increases its non-conformity however, any structure or portion thereof may be<br />
altered to decrease its non-conformity without approval from the <strong>County</strong><br />
Commission.<br />
2. Should such non-conforming structure or non-conforming portion of a structure be<br />
destroyed by a catastrophic event, it may be reconstructed if it is rebuilt in<br />
substantially the same manner as it existed prior to destruction <strong>and</strong> does not require<br />
prior approval by the <strong>County</strong> Commission. Any use or structure which is not<br />
substantially the same as the original use or structure shall conform with the<br />
applicable provisions of these Regulations <strong>and</strong> applicable federal, state, <strong>and</strong> local<br />
building codes.<br />
3. Should such structure be moved for any reason for any distance whatever, it shall<br />
thereafter conform to these Regulations.<br />
4. Any legal non-conforming structure altered to conform to the <strong>regulations</strong> of the<br />
District in which it is located shall thereafter remain in conformance with these<br />
Regulations.<br />
5. Property owners of legally existing non-conforming structures may apply for a<br />
Conditional Use Permit (CUP) pursuant to Section 5.04 for approval to change,<br />
alter, enlarge, or exp<strong>and</strong> a non-conforming structure prior to changes to the nonconforming<br />
structure.<br />
5.02.5 Non-Conforming Uses of Structures. If a lawful use of a structure, or of structures <strong>and</strong><br />
premises exists at the effective date of adoption or amendment of these Regulations that<br />
would not be allowed in the District under the terms of these Regulations, the lawful use<br />
may be continued so long as it remains otherwise lawful provided that:<br />
1. An existing structure devoted to a legal non-conforming use shall not be enlarged,<br />
extended, constructed, or structurally altered. A non-conforming use of a structure<br />
may change to a permitted use.<br />
2. Any non-conforming use may be extended to any other part of a structure designed<br />
for such use, but no such use may be extended in any way to occupy l<strong>and</strong> outside the<br />
structure.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 44<br />
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3. Any legal non-conforming use superseded by a permitted use shall thereafter<br />
conform to the <strong>regulations</strong> of the District in which it is located <strong>and</strong> the nonconforming<br />
use may not thereafter be resumed.<br />
4. If a non-conforming use of a structure ceases for a period of more than 24 months,<br />
except for seasonal uses, any subsequent use of such structure shall conform to the<br />
<strong>regulations</strong> of the District in which it is located. If a seasonal use ceases for the use<br />
of two (2) consecutive seasons, then subsequent use of l<strong>and</strong> shall conform to<br />
<strong>regulations</strong> of the District in which it is located.<br />
5. If a non-conforming use is destroyed by catastrophic event, it may be reconstructed<br />
if it is rebuilt in substantially the same manner, as it existed prior to destruction.<br />
Reconstruction of a non-conforming use does not require prior approval of the<br />
<strong>County</strong> Commission. Any use that is not substantially the same as the original use<br />
shall conform with the applicable provision of these Regulations <strong>and</strong> applicable<br />
federal, state, <strong>and</strong> local building codes.<br />
5.02.6 Repairs <strong>and</strong> Maintenance. On any non-conforming structure or portion of the structure<br />
containing a non-conforming use, work may be done on ordinary repairs <strong>and</strong> fixtures,<br />
wiring, plumbing, or repair or replacement of non-load-bearing walls, to the extent not<br />
to exceed 15 percent of the replacement value of the building in any one (1) year,<br />
provided that such work does not increase the cubic content of the building. The 15<br />
percent does not apply to an interior or exterior remodel that does not increase the cubic<br />
content or increase the building footprint of the structure. Nothing in these Regulations<br />
shall be deemed to prevent the strengthening or restoring to a safe condition of any<br />
building or part thereof declared to be unsafe by any official charged with protecting the<br />
public safety, upon order of such official or other person qualified to make such a<br />
declaration.<br />
5.02.7 Determination of Status of Non-Conforming L<strong>and</strong> Uses <strong>and</strong> Structures. It shall be the<br />
responsibility of the Zoning Enforcement Agent <strong>and</strong> Code Compliance Specialist to<br />
determine the status of non-conforming l<strong>and</strong> uses <strong>and</strong> structures. If the Zoning<br />
Enforcement Agent determines that a use or structure meets the applicable criteria in<br />
these Regulations <strong>and</strong> above, the use or structure shall be deemed an Approved Non-<br />
Conforming L<strong>and</strong> Use or Approved Non-Conforming Structure. The following<br />
procedures shall be followed to determine the status of non-conforming l<strong>and</strong> uses <strong>and</strong><br />
structures.<br />
1. The owner of record of the subject use or structure shall make an application for a<br />
determination of the status of a l<strong>and</strong> use or structure.<br />
2. It shall be the burden of the applicant to prove entitlement to approved nonconforming<br />
status by furnishing the Zoning Enforcement Agent <strong>and</strong> Code<br />
Compliance Specialist with a preponderance of supporting information. Such<br />
information shall include, but not be limited to, septic or sewer hook-up permits,<br />
building permits, business licenses, knowledge of the past history of the site <strong>and</strong><br />
dated photographs.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 45<br />
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3. The Zoning Enforcement Agent <strong>and</strong> Code Compliance Specialist shall determine on<br />
a case-by-case basis whether a l<strong>and</strong> use or structure is an existing non-conforming<br />
use or existing non-conforming structure.<br />
4. Appeals of the Zoning Enforcement Agent <strong>and</strong> Code Compliance Specialist's<br />
decision may be made in accordance with the provisions of the Appeals Process,<br />
Section 5.08.<br />
5. The Zoning Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist shall maintain<br />
a record of existing non-conforming uses <strong>and</strong> structures as such information<br />
becomes available.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 46<br />
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5.03 L<strong>and</strong> Use Permits<br />
5.03.1 Intent. L<strong>and</strong> Use Permits are required prior to construction of structures within the<br />
District, except those structures exempt by these Regulations. An approved L<strong>and</strong> Use<br />
Permit shows conformity with these Regulations.<br />
5.03.2 Process. L<strong>and</strong>owners shall submit L<strong>and</strong> Use Permit applications (with accompanying<br />
fee) to the Planning Department for new structures as defined by these Regulations.<br />
The Zoning Enforcement Agent inspects applications to determine if projects comply<br />
with provisions of these Regulations.<br />
5.03.3 Exempt Structures: Qualified accessory structures used exclusively for agricultural<br />
purposes are exempt from the L<strong>and</strong> Use Permit requirements <strong>and</strong> the maximum<br />
structure height st<strong>and</strong>ards; however all accessory structures shall comply with the<br />
setback requirements.<br />
5.03.4 Septic Permits. L<strong>and</strong>owners shall provide proof of septic or sewer permits with those<br />
projects, which contemplate new facilities or extension of existing facilities.<br />
5.03.5 Appeals. Appeals of Zoning Enforcement Agent decisions may be submitted under<br />
the Administrative Appeal Process.<br />
5.03.6 Expiration. L<strong>and</strong> Use Permits expire if building or work authorized by the permit has<br />
not commenced within twelve (12) months from the original permit date <strong>and</strong> if work<br />
authorized by the permit is not completed within twenty-four (24) months of the<br />
original permit issuance date. L<strong>and</strong>owners must obtain a new permit to re-commence<br />
work.<br />
5.03.7 Appeals. An appeals process is provided in Section 5.08.<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 47<br />
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5.04 Conditional Use Permits<br />
5.04.1 Intent. A Conditional Use Permits (CUP) is required prior to operation of a use that<br />
is not a principal use, but allowed conditionally under these Regulations.<br />
5.04.2 Requirements. Structures or l<strong>and</strong> within the District may not be used for any purpose<br />
unless such use is specifically listed as a principal use or conditional use in these<br />
Regulations. The <strong>County</strong> Commission may grant a conditional use when they find<br />
that:<br />
1. The use conforms to the objectives of the <strong>Gallatin</strong> <strong>County</strong> Growth Policy <strong>and</strong> the<br />
intent of these Regulations.<br />
2. The use will not adversely affect nearby properties or their occupants.<br />
3. The use meets density, <strong>and</strong> all other <strong>regulations</strong> of the District in which it is<br />
located, unless otherwise provided in these Regulations.<br />
4. A public hearing, after notice has been given, has been held.<br />
5.04.3 Conditional Approval. The <strong>County</strong> Commission may make the granting of a CUP<br />
subject to reasonable limitations or conditions as it may deem necessary to enhance<br />
the appearance of the property, to reduce any adverse effects on nearby property or<br />
residences, to preserve the character of the area or to make it more acceptable in other<br />
ways. The conditions may include but not be limited to the following:<br />
a. L<strong>and</strong>scaping <strong>and</strong> its maintenance.<br />
b. Regulation of height.<br />
c. Regulation of lighting.<br />
d. Regulation of odors, smoke, dust, airborne particles, vibration, glare, heat <strong>and</strong><br />
noise.<br />
e. Regulation of placement of uses on the property.<br />
f. Regulation of signs.<br />
g. Regulation of the length of time such use may be permitted.<br />
h. Regulation of the nature <strong>and</strong> extent of the use.<br />
i. Regulation of time of activities that have off-site impacts.<br />
j. Regulation of vehicular ingress <strong>and</strong> egress.<br />
k. Requirement for dedication or improvements of rights-of-way.<br />
l. Requirements for restoration of property.<br />
m. Special setbacks, yards, open spaces, buffers, fences <strong>and</strong> walls.<br />
n. Appropriate fire mitigation.<br />
o. All public occupancy structures shall demonstrate compliance with applicable<br />
state <strong>and</strong> local fire, safety, <strong>and</strong> occupancy codes.<br />
p. Time schedule of proposed development.<br />
q. Impacts of increased traffic.<br />
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5.04.4 Procedure. All CUP applications shall be submitted to the Planning Department on<br />
the required form with the accompanying fee. A hearing on the matter is scheduled<br />
before the <strong>County</strong> Commission <strong>and</strong> they shall either approve or deny the application<br />
based on the facts. The <strong>County</strong> Commission may impose reasonable conditions, as it<br />
may deem necessary to mitigate project impacts. Use cannot commence until all<br />
conditions have been met.<br />
5.04.5 Notice. Notice of the public hearing shall be published at least once fifteen (15) days<br />
prior to the hearing in a newspaper of general circulation. Adjacent property owners<br />
shall be noticed by certified mail.<br />
5.04.6 Issuance of L<strong>and</strong> Use Permits. No l<strong>and</strong> use permit shall be issued other than in<br />
accordance with the conditions <strong>and</strong> terms of the conditional use permit. No l<strong>and</strong> use<br />
permit shall be issued until time for appeal on a conditional use permit has elapsed, or<br />
if an appeal has been filed, the appeal has been decided.<br />
5.04.7 Revocation or Modification. The <strong>County</strong> Commission may revoke or modify a CUP<br />
under the following circumstances (under the procedure described above):<br />
1. If circumstances have changed substantially since original approval.<br />
2. Revocation or modification is necessary to protect the health, safety, or welfare of<br />
the area, or is necessary to preserve the integrity of existing use patterns in the<br />
area.<br />
3. The person holding the permit has not complied with the required conditions, or<br />
has not materially changed their position by detrimentally relying on said permit.<br />
5.04.8 Expiration/ Extensions. The <strong>County</strong> Commission may issue a CUP for a definite<br />
term. Extensions can be obtained through written application made thirty (30) days<br />
prior to expiration, with accompanying fee, <strong>and</strong> notification sent to adjacent property<br />
owners. An extension shall be granted if no objection is received. A public hearing<br />
will be held if objection is received.<br />
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5.05 Natural Resources Conditional Use Permit<br />
5.05.1 Natural Resources Conditional Use Permit (CUP) Requirements. In addition to any<br />
applicable requirements in Section 5.04, any natural resource development or mining<br />
(such as exploration, development, <strong>and</strong> recovery operations relating to oil <strong>and</strong> gas,<br />
coal bed methane production including test wells, production wells, compressor<br />
stations, etc.; commercial quarries; surface <strong>and</strong> underground mining; <strong>and</strong> commercial<br />
logging or timber harvest) shall require review under the Natural Resources CUP<br />
process described in these Regulations. The <strong>County</strong> Commission may grant such<br />
permit only if it is found that:<br />
a. The use conforms to the objectives of the <strong>Gallatin</strong> <strong>County</strong> Growth Policy <strong>and</strong> the<br />
intent of these Regulations.<br />
b. The use will not adversely affect nearby properties, residents, groundwater,<br />
streams <strong>and</strong> wetl<strong>and</strong>s.<br />
c. That non-renewable resource exploration <strong>and</strong> development occurs in a responsible<br />
manner.<br />
d. The use contributes <strong>and</strong> guarantees payment of an appropriate share of the costs<br />
for public services <strong>and</strong> facilities.<br />
e. That adequate financial security, as determined by the <strong>Gallatin</strong> <strong>County</strong> Attorney,<br />
has been provided to mitigate any such adverse effect.<br />
f. The use meets density, coverage, yard, height, <strong>and</strong> all other <strong>regulations</strong> of the<br />
District in which it is located, unless otherwise provided in these Regulations.<br />
g. The use meets all other applicable federal, sate, <strong>and</strong> local <strong>regulations</strong>.<br />
h. A public hearing, after notice has been given, has been held.<br />
5.05.2 Preliminary Application. Applicant shall submit a preliminary application,<br />
accompanied by the appropriate fee, to the Planning Department, including all<br />
required components as follows:<br />
1. Twelve (12) copies of a completed conditional use permit application form <strong>and</strong> an<br />
Initial Development Plan, prepared by the applicant or applicant’s agent. Said<br />
plan, which shall be the preparatory basis for the Environmental Impact Study,<br />
shall address all of the following:<br />
a. Cover letter describing project <strong>and</strong> submittal material.<br />
b. Copy of all associated mineral leases.<br />
c. Copy of all applicable orders from the Montana Board of Oil <strong>and</strong> Gas<br />
Conservation, <strong>and</strong> with associated stipulations.<br />
d. Name <strong>and</strong> location of all water wells, springs, <strong>and</strong> surface water within a<br />
one-<strong>and</strong>-half mile radius of proposed site.<br />
e. Detailed site inventory <strong>map</strong> <strong>and</strong> site development plan (1” = 50’), to<br />
include all existing <strong>and</strong> proposed structures, well pad location(s), rightsof-way,<br />
fencing, lighting, pipelines, pertinent surface features, areas of<br />
wildlife <strong>and</strong> wildlife habitat, <strong>and</strong> all development <strong>and</strong> mitigation measures<br />
associated with the application. Applicant shall submit color photos of<br />
well location <strong>and</strong> of area from proposed well to north, south, east, <strong>and</strong><br />
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west.<br />
f. Complete written description of project including but not limited to:<br />
proposed hours of operation; duration of project; operation of project,<br />
including staffing schedule(s) <strong>and</strong> estimated trips per day; traffic study<br />
<strong>and</strong>/ or other information as required by the <strong>Gallatin</strong> <strong>County</strong> Road <strong>and</strong><br />
Bridge Superintendent; fire <strong>and</strong> disaster mitigation plan(s); etc.<br />
g. An approved Noxious Weed Control <strong>and</strong> Revegetation Plan through the<br />
<strong>Gallatin</strong> <strong>County</strong> Weed Control District.<br />
h. Plans for reclamation of all disturbances associated with the project(s).<br />
i. Any additional information as deemed necessary by the Planning<br />
Department during the Planning Department’s initial review.<br />
2. Name <strong>and</strong> address of all property owners within one-<strong>and</strong>-a-half mile radius of<br />
proposed project, including postage for certified mailto each address.<br />
5.05.3 Final Application. Applicant shall submit a Final Application to the Planning<br />
Department, accompanied by applicable fee. The Final Application shall include a<br />
completed conditional use permit application, a Final Development Plan, an<br />
Environmental Impact Statement (EIS), conducted by a third-party Montana State<br />
licensed professional engineer (PE) qualified to evaluate the project’s impacts, at the<br />
applicant’s expense; <strong>and</strong> all Performance Bonds <strong>and</strong> other securities <strong>and</strong> fees as<br />
indicated below.<br />
1. Applicant shall provide the Final Development Plan based on information<br />
provided in the EIS. The Final Development Plan shall:<br />
a. Provide evidence of the fee simple surface owner’s consent.<br />
b. Document plans to protect property values of surrounding properties.<br />
c. Document plans for fire protection <strong>and</strong> emergency response.<br />
d. Document adequate water quantity for the project.<br />
e. Demonstrate plans for protecting surface <strong>and</strong> ground water quality.<br />
f. Demonstrate plans for conservation of important fish, wildlife <strong>and</strong> plant<br />
habitat.<br />
g. Demonstrate plans for compliance with local, state <strong>and</strong> federal air quality<br />
<strong>regulations</strong> <strong>and</strong>/ or st<strong>and</strong>ards.<br />
h. Demonstrate plans for l<strong>and</strong>scaping <strong>and</strong> its long-term maintenance so as to<br />
limit soil erosion <strong>and</strong> be in compliance with all local, state <strong>and</strong> federal soil<br />
management <strong>and</strong> conservation <strong>regulations</strong> <strong>and</strong>/ or st<strong>and</strong>ards.<br />
i. Demonstrate plans to comply with all applicable weed control <strong>regulations</strong>.<br />
j. Include a schedule of phased-in development to diffuse impacts over time.<br />
k. Demonstrate plans for compliance with MCA §85-2-205 <strong>and</strong> MCA §82-11-<br />
175, <strong>and</strong> any other applicable local, state <strong>and</strong> federal laws regarding disposal<br />
of all ground water involved with the project.<br />
l. Demonstrate plans for sufficient reclamation for any <strong>and</strong> all disturbances<br />
associated with the project(s).<br />
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2. The EIS shall include:<br />
a. Appraisal of current property values for all properties within one-<strong>and</strong>-a-half<br />
miles of the boundaries of the proposal.<br />
b. An analysis of effects of proposed development on fire <strong>and</strong> emergency response<br />
systems.<br />
c. Thorough collection of fish, wildlife <strong>and</strong> plant inventories within the proposal’s<br />
boundaries.<br />
d. Collection of baseline data of existing surface <strong>and</strong> ground water quality <strong>and</strong><br />
quantity.<br />
e. Collection of baseline data of existing air quality.<br />
f. Collection of baseline data of existing noise levels.<br />
g. An analysis by a qualified person or entity of the Final Development Plan’s<br />
specific measures to protect <strong>and</strong> conserve:<br />
(1) property values;<br />
(2) water quality <strong>and</strong> quantity;<br />
(3) agricultural <strong>and</strong> conservation usage;<br />
(4) plant <strong>and</strong> wildlife habitat;<br />
(5) air quality; <strong>and</strong><br />
(6) noise levels.<br />
h. A monitoring schedule for effective third party monitoring, on at least a monthly<br />
basis, by a State of Montana licensed <strong>and</strong> bonded environmental engineer, of all<br />
development, as stated in the submitted Final Development Plan. The <strong>County</strong><br />
Commission shall approve the monitoring schedule. The licensed <strong>and</strong> bonded,<br />
environmental engineer third party monitor shall be agreed upon by the <strong>County</strong><br />
Commission <strong>and</strong> the applicant. The Monitoring Schedule shall contain al the<br />
requirements listed in Section 5.05.4.<br />
5.05.4 Monitoring Schedule. The Monitoring Schedule must provide a mechanism for<br />
prompt notification to any <strong>and</strong> all local, state, <strong>and</strong> federal agencies involved in any<br />
permit or certification required for the proposal. The purpose of such notification is<br />
to ensure adequate enforcement of existing local, state, <strong>and</strong> federal laws <strong>and</strong><br />
<strong>regulations</strong> to protect private property <strong>and</strong> other rights of Montana citizens <strong>and</strong><br />
Montana’s natural resources. The Monitoring Schedule shall require the applicant<br />
prepare <strong>and</strong> submit to the Planning Department a Monthly Monitoring Report.<br />
1. The Monthly Monitoring Report shall include a description of all data collected<br />
during the period, as well as data trends collected over time, detailed descriptions<br />
of any <strong>and</strong> all spills, leaks, contaminations, regardless of whether the spill, leak,<br />
or contamination is a violation of local, state, or federal laws or <strong>regulations</strong>. The<br />
Monthly Monitoring Report shall also include a detailed description of any<br />
violation of local, state, or federal laws or <strong>regulations</strong> <strong>and</strong> any corrective action<br />
taken. The Monthly Monitoring Report shall be a requirement of conditional<br />
approval <strong>and</strong> the failure to supply Monthly Monitoring Report(s) may be grounds<br />
for revocation of a Natural Resources CUP.<br />
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5.05.5 Conditional Approval. Final Application for a Natural Resources CUP may be<br />
approved, conditionally approved or denied by the <strong>County</strong> Commission. If a Final<br />
Application is denied, the denial shall constitute a finding that the applicant has failed<br />
to sufficiently demonstrate that the conditions required for approval do exist.<br />
The <strong>County</strong> Commission shall make the granting of the Natural Resources CUP<br />
subject to reasonable limitations or conditions as it may deem necessary to protect the<br />
health, safety <strong>and</strong> welfare of the citizens of the <strong>County</strong> <strong>and</strong> District; to mitigate or<br />
avoid any <strong>and</strong> all adverse impacts on nearby property, residents, groundwater,<br />
streams <strong>and</strong> wetl<strong>and</strong>s; to ensure that resource exploration <strong>and</strong> development occurs in<br />
a responsible manner <strong>and</strong> contributes <strong>and</strong> guarantees payment of an appropriate share<br />
of the costs for public services <strong>and</strong> facilities; <strong>and</strong> to make the proposed Natural<br />
Resource conditional use more compatible <strong>and</strong> consistent with the Reese Creek<br />
Zoning Regulations <strong>and</strong> the <strong>Gallatin</strong> <strong>County</strong> Growth Policy. Said conditions may<br />
include but not be limited to the following:<br />
a. Specific requirements for vehicular ingress <strong>and</strong> egress.<br />
b. Specific requirements of hours of operation.<br />
c. Specific requirements for the discharge of groundwater <strong>and</strong> surface water.<br />
d. A fee for discharged effluent, based upon one <strong>and</strong> one-half times the total estimated<br />
or actual costs of all environmental cleanup or mitigation performed by or for any<br />
public agency, in order to achieve compliance with these Regulations.<br />
e. Specific requirements for control of odors, smoke, dust, airborne particles, vibration,<br />
glare <strong>and</strong> noise emissions from point <strong>and</strong> non-point sources.<br />
f. Specific requirements for placement <strong>and</strong> height of structures required for the<br />
conditional use on the subject property.<br />
g. Specific requirements for dedication, improvements <strong>and</strong>/ or maintenance of rightsof-way.<br />
h. Limitation of length of time or term such conditional use may be permitted.<br />
i. Conditions for the approval may include changes to the Development Plan based<br />
upon information <strong>and</strong> data from the ElS <strong>and</strong> the public hearing(s) <strong>and</strong> the written<br />
comments from the public, so as to improve environmental <strong>and</strong> property protection.<br />
j. The <strong>County</strong> Commission shall impose conditions requiring the applicant to use best<br />
available low-impact technologies, such as aquifer recharge, clustered development,<br />
directional drilling, mufflers for compressor stations, discharge water desalination,<br />
infiltration or treatment, etc., to minimize impacts on underground water reserves,<br />
rivers <strong>and</strong> streams, <strong>and</strong> surface resources.<br />
k. The <strong>County</strong> Commission shall impose conditions requiring the applicant to<br />
guarantee complete reclamation of all disturbed areas. This guarantee shall be<br />
accomplished by requiring, in addition to the Monitoring Performance Bond, supra,<br />
an applicant for any mineral, oil <strong>and</strong> gas exploration or extraction, along with all<br />
contactors <strong>and</strong> subcontractors to post separate site-specific performance bonds for<br />
each tract of property affected by the proposed Natural Resources CUP. Said<br />
performance bonds shall be approved by the <strong>Gallatin</strong> <strong>County</strong> Attorney, payable to<br />
<strong>Gallatin</strong> <strong>County</strong>, <strong>and</strong> shall be equal to or greater than the current value of the<br />
property plus the potential cleanup cost of any resultant air, l<strong>and</strong> or water pollution<br />
or degradation, as estimated by the required Development Plan <strong>and</strong> Environmental<br />
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Impact Study. Failure to maintain adequate performance bonding shall be cause for<br />
revocation of the Natural Resources CUP.<br />
5.05.5 Expiration/ Extension. The <strong>County</strong> Commission may issue a Natural Resources CUP<br />
for a definite term. Extensions can be obtained through written application with<br />
accompanying fee made at least thirty (30) days prior to expiration. A public hearing<br />
will be held <strong>and</strong> adjacent property owners will be notified by certified mail. Notice of<br />
the public hearing shall be published at least fifteen (15) days prior to the hearing in a<br />
newspaper of general circulation.<br />
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5.06 Variances<br />
5.06.1 Intent. It is the intent of this section to provide a process for relief from the occasional<br />
inequities created by the physical st<strong>and</strong>ards of these Regulations when such st<strong>and</strong>ards<br />
create a substantially unequal burden on a particular parcel of l<strong>and</strong> in a fashion that<br />
would otherwise prevent the reasonable use of the property owing to physical<br />
circumstances unique to that parcel. In addition, the intent of this section is to<br />
prohibit the granting of variances that would be contrary to the public interest <strong>and</strong><br />
endanger public health, safety <strong>and</strong> welfare. No variance shall be granted to allow the<br />
use or development of property for a purpose not authorized within the zone in which<br />
the proposed development would be located.<br />
5.06.2 Criteria. In granting a variance, the Board of Adjustment (BOA) shall issue findings<br />
setting forth factual evidence that the variance:<br />
1. Will observe the intent <strong>and</strong> purpose of these Regulations, including the <strong>Gallatin</strong><br />
<strong>County</strong> Growth Policy, <strong>and</strong> do substantial justice.<br />
2. Will not be injurious to the public health, safety, <strong>and</strong> general welfare.<br />
3. Will not be contrary to <strong>and</strong> will serve the public interest.<br />
4. Is necessary, owing to conditions unique to the property, to avoid unnecessary<br />
hardship which would unavoidably result from the enforcement of the literal<br />
meaning of these Regulations:<br />
a. Hardship does not include difficulties arising from actions, or otherwise be<br />
self-imposed, by the applicant or previous predecessors in interest, or potential<br />
for greater financial returns; <strong>and</strong><br />
b. Conditions unique to the property may include slope, presence of<br />
watercourses, after-the-fact imposition of additional <strong>regulations</strong> on previously<br />
lawful parcels, <strong>and</strong> governmental actions outside of the owner’s control.<br />
5. Is the minimum relief necessary to provide reasonable use of the property.<br />
5.06.3 Procedure. All variance applications shall be submitted to the Planning Department<br />
on the required form with the accompanying fee. A hearing on the matter is<br />
scheduled before the BOA, <strong>and</strong> the BOA shall either approve or deny the application<br />
based on the facts. The BOA may impose reasonable conditions, as it may deem<br />
necessary to mitigate project impacts. The concurring vote of three members of the<br />
BOA shall be necessary to decide in favor, wholly or partly, of any variance from<br />
these Regulations.<br />
5.06.4 Notice. Notice of the public hearing shall be published at least once fifteen (15) days<br />
prior to the hearing in a newspaper of general circulation. Adjacent property owners<br />
shall be noticed by certified mail.<br />
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5.07 Amendments<br />
5.07.1 Intent. These Regulations <strong>and</strong> the boundaries of the <strong>zoning</strong> <strong>map</strong> may be amended or<br />
revised whenever the public health, safety <strong>and</strong> general welfare requires such<br />
amendment. Amendments shall follow the procedure prescribed by MCA §76-2-201<br />
et seq.), <strong>and</strong> these Regulations.<br />
5.07.2 Procedure. An amendment may be initiated by submittal of one of the following to<br />
the Planning Department:<br />
1. The petition of (1) or more l<strong>and</strong>owners in the District. The petition shall be filed<br />
on the required application <strong>and</strong> accompanied by the required fee; or<br />
2. Resolution of intention of the <strong>County</strong> Commission; or<br />
3. Resolution of intention of the Planning Board.<br />
5.07.3 Planning Board. The Planning Board shall make recommendations on the revision of<br />
boundaries <strong>and</strong> the amendment of these Regulations to the <strong>County</strong> Commission.<br />
5.07.4 Hearing. The <strong>County</strong> Commission shall consider all proposed amendments at a public<br />
hearing. The <strong>County</strong> Commission may adopt the amendment in accordance with the<br />
procedure prescribed by MCA §76-2-205.<br />
5.07.5 Notice. Notice of the public hearing shall be published in a newspaper of general<br />
circulation pursuant to MCA §76-2-205.<br />
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5.08 Appeals Process<br />
5.08.1 Intent. To provide legal remedy processes for those aggrieved by decisions made in<br />
compliance of these Regulations.<br />
5.08.2 Appeals to the Board of Adjustment (BOA). Pursuant to MCA §76-2-227, those<br />
aggrieved by Zoning Enforcement Agent’s <strong>and</strong>/ or Code Compliance Specialist’s<br />
decisions may submit written appeals specifying grounds thereof to the BOA. Appeals<br />
must be filed within thirty (30) days of the Zoning Enforcement Agent’s <strong>and</strong>/ or Code<br />
Compliance Specialist’s written decision, <strong>and</strong> be accompanied by the appropriate fee.<br />
An appeal stays all proceedings in furtherance of the action appealed from unless the<br />
Zoning Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist determines that a<br />
stay could cause imminent peril to life or property.<br />
Upon receipt of a written appeal, a public hearing shall be scheduled before the BOA<br />
for its next available meeting date. Notice of the hearing shall be published once in a<br />
newspaper of general circulation at least twenty-five (25) days prior to the public<br />
hearing. The BOA will accept testimony at the hearing from persons interested in the<br />
appeal, the appellant <strong>and</strong>/ or their attorney, <strong>and</strong> the Zoning Enforcement Agent <strong>and</strong>/<br />
or Code Compliance Specialist.<br />
5.08.3 Process <strong>and</strong> Notice. Upon receipt of the written appeal, a public hearing shall be<br />
scheduled before the BOA for its next available meeting date. Notice of the public<br />
hearing shall be published once in a newspaper of general circulation at least fifteen (15)<br />
days prior to the hearing. The BOA shall accept testimony at the hearing from persons<br />
interested in the appeal, the appellant <strong>and</strong>/ or their attorney, <strong>and</strong> the Zoning Enforcement<br />
Agent <strong>and</strong>/ or Code Compliance Specialist.<br />
5.08.4 Board of Adjustment Appeals to District Court. Pursuant to MCA §76-2-227, those<br />
aggrieved by the BOA’s decisions may present to the Eighteenth Judicial District Court<br />
a petition, dully verified, setting forth that such decision is illegal, in whole or in part,<br />
<strong>and</strong> specifying the grounds of the illegality. Such petition shall be presented to the court<br />
within thirty (30) days after filing the BOA’s minutes or decision in the Planning<br />
Department.<br />
5.08.5 Board of <strong>County</strong> Commission Appeals to District Court. Those aggrieved by a<br />
decision made by the <strong>County</strong> Commission may present to the Eighteenth Judicial<br />
District Court a petition, duly verified, setting forth that such decision is illegal, in whole<br />
or in part, <strong>and</strong> specifying the grounds of the illegality. Such petition shall be presented<br />
to the court within thirty (30) days of a decision made by a <strong>County</strong> Commission at a<br />
public hearing.<br />
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5.09 Complaints <strong>and</strong> Enforcement<br />
5.09.1 Intent. It is the duty of the Planning Board, the <strong>County</strong> Commission, its officers, agents<br />
<strong>and</strong> employees to enforce the provisions of these Regulations.<br />
5.09.2 Complaints. Any person may file a signed, written complaint with the Zoning<br />
Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist addressing a violation of<br />
these Regulations. The complaint shall fully describe the facts supporting the<br />
complaint.<br />
Upon receipt of a written, signed complaint, the Zoning Enforcement Agent <strong>and</strong>/ or the<br />
Code Compliance Specialist shall record <strong>and</strong> investigate the complaint, <strong>and</strong> determine if<br />
a violation exists. If the Zoning Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist<br />
determine a violation exists, then they shall take the appropriate action to resolve the<br />
violation. The name of the person filing the complaint shall remain confidential until the<br />
violation is resolved <strong>and</strong>/ or there is a public hearing on the matter.<br />
5.09.3 Investigations. When investigating an alleged violation, the Zoning Enforcement<br />
Agent <strong>and</strong>/ or Code Compliance Specialist shall review these Regulations <strong>and</strong> other<br />
applicable public information regarding the alleged violation. The Zoning<br />
Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist may perform an inspection<br />
of the alleged violation from a public road or from a neighboring property where<br />
permission has been granted for access. The Zoning Enforcement Agent <strong>and</strong>/ or<br />
Code Compliance Specialist may also notify the alleged violator <strong>and</strong> request access<br />
for an inspection. If access is denied, the investigator may seek an administrative<br />
warrant. Permission for access is assumed in the event an alleged violator has a<br />
pending permit application on file with the Planning Department. The investigator<br />
shall document the inspection with written notes <strong>and</strong>/ or photographs as appropriate.<br />
5.09.4 Administrative Remedies. Pursuant to MCA §76-2-210, <strong>and</strong> with reasonable cause,<br />
<strong>and</strong> in addition to those remedies provided by law, the Zoning Enforcement Agent<br />
<strong>and</strong>/ or Code Compliance Specialist may revoke any l<strong>and</strong> use permit, issue cease <strong>and</strong><br />
desist orders requiring cessation of any building, moving, alteration or use which is in<br />
violation of these Regulations, <strong>and</strong>/ or require mitigation <strong>and</strong>/ or corrective action,<br />
which may include dismantling or removal of non-compliant structures, to remedy the<br />
violation.<br />
5.09.5 Administrative Fine. In addition to the above, <strong>and</strong> upon a recommendation from the<br />
Zoning Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist, the <strong>County</strong><br />
Commission may after a public meeting, dully notice, assess violators fines of up to<br />
$500 per violation for noncompliance. Each day of violation may be considered a<br />
separate offense. When determining the amount <strong>and</strong> duration of the fine, the <strong>County</strong><br />
Commission shall consider the nature, circumstances, extent <strong>and</strong> gravity of the<br />
violation, any prior history of such violations, the degree of culpability, <strong>and</strong> such<br />
other matters as justice may require. In addition, the violator may be required to pay<br />
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administrative costs associated with the investigation. If the fine in not paid, it shall<br />
become a lien upon the property.<br />
5.09.6 Criminal Penalty. Pursuant to MCA §76-2-211, a violation of these Regulations, a<br />
permit issued under these Regulations, any condition imposed through the authority<br />
of these Regulations, or any variance granted through these Regulations shall<br />
constitute a misdemeanor. A violator may be imposed a fine up to a maximum of<br />
$500 per violation, or imprisoned in the county jail for a term not to exceed six (6)<br />
months or both.<br />
5.09.7 Injunction. After the exhaustion of administrative remedies, the <strong>County</strong> Attorney, in<br />
conjunction with the Zoning Enforcement Agent <strong>and</strong>/ or Code Compliance Specialist,<br />
may bring an action in the name of the <strong>County</strong> of <strong>Gallatin</strong> in the District Court to<br />
enjoin any violations of these Regulations.<br />
The owner or tenant of any building, structure, premises, or part thereof <strong>and</strong> any<br />
architect, builder, contractor, agent or other person/ entity who commits, participates<br />
in, assists or maintains such violation may be held accountable for a separate<br />
violation.<br />
5.09.8 Remedies, Cumulative. The remedies provided for herein shall be cumulative <strong>and</strong> not<br />
exclusive.<br />
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6.00 DEFINITIONS<br />
6.01 Definitions <strong>and</strong> Glossary<br />
6.01.1 Intent. For the purposes of these Regulations certain words <strong>and</strong> terms used herein as<br />
defined. All words used in these Regulations shall be first defined as provided herein,<br />
<strong>and</strong>, if not defined herein, shall be defined in the <strong>Gallatin</strong> <strong>County</strong> Growth Policy <strong>and</strong>, if<br />
not defined therein, shall have their customary dictionary definitions.<br />
6.01.2 The Rules of Interpretation. The following rules of interpretation <strong>and</strong> definitions apply<br />
to the definitions for the Reese Creek Zoning District. The Rules of Interpretation<br />
include: (1) the present tense includes the future tense; <strong>and</strong> (2) all words in the plural<br />
number include the singular number unless the natural construction of the wording<br />
indicates otherwise; <strong>and</strong> (3) the word shall is always m<strong>and</strong>atory; <strong>and</strong> (4) the word<br />
person includes a firm, association, organization, partnership, trust, company or<br />
corporation as well as individual or individuals; <strong>and</strong> (5) the word used as applied to any<br />
l<strong>and</strong> or structures, shall be construed to include the words intended, arranged, or<br />
designed to be used, or occupied.<br />
-A-<br />
Accessory Use. A subordinate use of l<strong>and</strong> which is customarily incidental to the principal use<br />
of the l<strong>and</strong>.<br />
Acre. A measure of l<strong>and</strong> area containing 43,560 square feet.<br />
Agriculture. The use of the l<strong>and</strong> for grazing <strong>and</strong> cropping to produce food, feed, <strong>and</strong> fiber<br />
commodities. Examples may include: cultivation <strong>and</strong> tillage of the soil; dairying <strong>and</strong><br />
animal husb<strong>and</strong>ry; growing <strong>and</strong> harvesting of agricultural <strong>and</strong> horticultural<br />
commodities; <strong>and</strong> the raising of livestock, bees or poultry. Not including any agriculture<br />
industry or business such as game farms, fur farms, animal hospitals, commercial dog<br />
kennels, horse stables, riding arenas, <strong>and</strong> animal feeding operations or similar uses.<br />
Agricultural Water User Facility. Facilities which include but are not limited to ditches, pipes,<br />
<strong>and</strong> other water conveying facilities, which provide water for irrigation <strong>and</strong> stock<br />
watering on agricultural l<strong>and</strong>s.<br />
Agricultural L<strong>and</strong>s. Bona fide agricultural l<strong>and</strong>s are those classified <strong>and</strong> assessed at a value that<br />
is exclusive of values attributed to urban influences or speculative purposes, MCA §15-<br />
7-201; <strong>and</strong> is l<strong>and</strong> that is not devoted to a residential, commercial, or industrial use,<br />
MCA §15-7-202.<br />
Agricultural Structures, Exempt. All agricultural structures used exclusively for agricultural<br />
purposes on qualified agricultural l<strong>and</strong>s.<br />
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Aliquot. An equal division of a government section in quarters as described by the Manual for<br />
Survey of the Public L<strong>and</strong>s of the United States.<br />
Alteration. Change or rearrangement of the structural parts of existing facilities, or enlargement<br />
by extending the sides or increasing height or depth, or moving from one location to<br />
another.<br />
Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements<br />
of the International Building Code, located in an apartment building or used for<br />
residential purposes. Efficiency units <strong>and</strong> studios qualify as an apartment.<br />
Approved Subdivision. A subdivision of l<strong>and</strong>, which has received approval from MDEQ <strong>and</strong><br />
has a Release of Sanitary Restriction (RSR) or Certificate of Subdivision Approval<br />
Statement filed in the Covenants <strong>and</strong> Restriction.<br />
Artist Studio, Individual. The use of premises by an artist, artisan, craftsperson engaged in the<br />
application, teaching, or performance of fine arts such as but not limited to dance, vocal<br />
or instrumental music, creative writing, painting, drawing, pottery, sculpture, video, still<br />
photography, foundry, welding, etc., including the sale of art produced on the premises.<br />
Automobile Gas Station. Any building, structure, or area of l<strong>and</strong> used for retail sale of<br />
automobile fuels, oils, <strong>and</strong> accessories. May include sale of propane or kerosene as<br />
accessory uses.<br />
Automobile Repair, Minor. As a home-based business for the replacement of any part or repair<br />
of any vehicle; incidental body <strong>and</strong> fender work, minor painting <strong>and</strong> upholstering<br />
service to motorcycles, snowmobiles, <strong>and</strong> passenger automobiles <strong>and</strong> trucks not in<br />
excess of 7000 pounds gross weight.<br />
-B-<br />
Base Flood. A flood having a one percent chance of being equaled or exceeded in any given<br />
year. A base flood is the same as a 100-year flood.<br />
Base Flood Elevation. The elevation above sea level of the base flood in relation to National<br />
Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study.<br />
Basement. A portion of a structure located partially underground <strong>and</strong> having more than half its<br />
floor-to-ceiling height below the average grade of the adjoining ground.<br />
Bed <strong>and</strong> Breakfast Inn. A dwelling unit serving guests on a nightly basis, used as the primary<br />
residence of the owner; <strong>and</strong> serving meals to overnight guests only.<br />
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Bedroom. Any room used for sleeping, with a closet, a door <strong>and</strong> an ingress/ egress window in<br />
conformance with the International Building Code (IBC). An unfinished basement shall<br />
be considered as an additional bedroom.<br />
Berm. A mound of earth used to shield, screen, <strong>and</strong> buffer undesirable views <strong>and</strong> to separate<br />
incompatible l<strong>and</strong> uses.<br />
Board of Adjustment. A five-member board appointed by the <strong>County</strong> Commission to hear <strong>and</strong><br />
decide variances <strong>and</strong> to hear administrate decision appeals within a <strong>zoning</strong> <strong>district</strong><br />
created pursuant to MCA §76-3-201.<br />
Building Envelope. The three-dimensional volume on a lot lying between the front, side <strong>and</strong><br />
rear yard setback lines <strong>and</strong> between ground level <strong>and</strong> the maximum allowable building<br />
height, constitutes the area available for potential building construction.<br />
Building Height. The vertical distance measured from the lowest point of elevation of the<br />
finished surface of the ground (including window wells, stairwells, or other similar<br />
features; excluding features such as usable patio areas) to the highest point on the roof<br />
or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest<br />
point of each type of roof or parapet wall shall be in conformance with applicable<br />
height <strong>regulations</strong> as established for the respective roof pitches in each <strong>zoning</strong><br />
<strong>district</strong>. Where the vertical difference between grade as defined in this section is<br />
greater than two feet between opposite elevations of the building, the height of the<br />
building may be increased by one foot for every one foot in grade difference up to a<br />
maximum of six additional feet.<br />
Business or Commerce. Engaging in the purchase, sale, barter or exchange of goods, wares,<br />
merch<strong>and</strong>ise or services; the maintenance or operation of offices or recreational or<br />
amusement enterprises.<br />
-C-<br />
Caretaker. A person who is employed (compensation may be in the form of free housing) to<br />
watch over <strong>and</strong> perform routine maintenance of a ranch, home, or business.<br />
Caretaker’s Residence. Dwelling unit for the family of a person who takes care of the property<br />
of an owner who may be absent. Caretaker residences may be located within a singlefamily<br />
dwelling unit, above a garage, within or above an accessory building, or as a<br />
separate living unit on a parcel with an existing dwelling unit.<br />
Campground. L<strong>and</strong> which is used or intended to be used, let, or rented for temporary<br />
occupancy by campers traveling by automobile or otherwise, or for occupancy by tents<br />
or similar quarters.<br />
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Certificate of Occupancy (C of O). A document issued by the Zoning Enforcement Agent<br />
allowing the occupancy or use of a building in compliance with all applicable <strong>zoning</strong><br />
<strong>regulations</strong>.<br />
Certificate of Survey (COS). A drawing of a field survey prepared by a registered surveyor for<br />
the purpose of disclosing facts pertaining to boundary locations.<br />
Certificate of Occupancy. A certificate issued by the Zoning Enforcement Agent, which<br />
certifies that a structure is in accordance with the applicable <strong>zoning</strong> <strong>regulations</strong> <strong>and</strong><br />
permits occupancy.<br />
Church. See Worship.<br />
Cluster Development. A development design technique that concentrates buildings on a part of<br />
the site to allow the remaining l<strong>and</strong> to be used for recreation, common open spaces<br />
<strong>and</strong>/or preservation of environmentally sensitive features.<br />
Code Compliance Specialist. The duly authorized agent appointed by the <strong>County</strong> Commission,<br />
pursuant to MCA §7-2-210, who in conjunction with the Zoning Enforcement Agent<br />
ensures compliance with the provisions of these Regulations.<br />
Commission, <strong>Gallatin</strong> <strong>County</strong>. The elected Board of <strong>County</strong> Commissioners for <strong>Gallatin</strong><br />
<strong>County</strong>, Montana <strong>and</strong> the governing body of <strong>Gallatin</strong> <strong>County</strong> planning <strong>and</strong> <strong>zoning</strong>.<br />
Community Character. The image of a community or area as defined by such factors as its built<br />
environment, natural features, open space elements, type of housing, architectural style,<br />
infrastructure, <strong>and</strong> the type <strong>and</strong> quality of public facilities <strong>and</strong> services.<br />
Compatible L<strong>and</strong> Uses. The characteristics of different uses, activities or by design which allow<br />
them to be located or adjacent to each other in harmony <strong>and</strong> without conflict.<br />
Compatibility allows development that maintains the character of existing development<br />
or l<strong>and</strong> uses.<br />
Comprehensive Plan. A general plan which includes any document or portion of any document<br />
duly adopted by the governing body which is intended to guide growth <strong>and</strong> development<br />
in an area. The terms general plan, master plan, <strong>and</strong> comprehensive plan are<br />
interchangeable. (See <strong>Gallatin</strong> <strong>County</strong> Growth Policy).<br />
Conditional Use. A use which is allowed conditionally within a <strong>district</strong> granted it meets<br />
specified design st<strong>and</strong>ards <strong>and</strong> certain criteria.<br />
Conforming Use. Any use allowed by the <strong>regulations</strong> as a permitted use or conditional use.<br />
Conservation Easement. Property owner’s voluntary conveyance of a property right or partial<br />
legal interest in l<strong>and</strong> to a unit of government or qualified private organization stipulating<br />
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that the described l<strong>and</strong> shall remain in perpetuity, or for a minimum 15-year term (MCA<br />
§76-6-202), in its natural <strong>and</strong> open state, precluding future or additional development<br />
subject to the terms of the agreement.<br />
Convenience Store. Any retail establishment offering for sale a limited line of groceries <strong>and</strong><br />
household items intended for the convenience of the neighborhood. May include the<br />
sale of fuel <strong>and</strong> gasoline.<br />
Corral. A pen or enclosure for confining or capturing livestock.<br />
Covenant. A recorded agreement stating certain activities <strong>and</strong>/ or practices that are required or<br />
prohibited. Subdivision covenants are not enforced by the <strong>Gallatin</strong> <strong>County</strong> Planning<br />
department.<br />
Cut <strong>and</strong> Fill. The excavating of material in one place <strong>and</strong> depositing of it as fill in an adjacent<br />
place.<br />
-D-<br />
Day Care Center. A place in which supplemental care is provided for 13 or more nonresident<br />
persons on a regular basis <strong>and</strong> which is licensed by the State of Montana.<br />
Day Care Home, Family. A private residence in which supplemental care is provided to three to<br />
six nonresident persons (child or adult) from separate families on a regular basis <strong>and</strong><br />
which is registered by the State of Montana.<br />
Dedication. The deliberate appropriation of l<strong>and</strong> by an owner for any general <strong>and</strong> public use,<br />
reserving to the l<strong>and</strong>owner no rights that are incompatible with the full exercise <strong>and</strong><br />
enjoyment of the use to which the property has been devoted.<br />
Deed. A legal document conveying ownership of real property.<br />
Defensible Space. A designated area around a home or other structure the size of which is<br />
dependent on the vegetation, proximity of tree crowns, slope <strong>and</strong> distance to adjacent<br />
buildings. Within this area all weeds, dry grass, slash, flammable debris <strong>and</strong><br />
flammable fuel is removed. This managed buffer surrounding buildings <strong>and</strong><br />
structures, is designed to reduce the chances of a fire spreading to or from the<br />
buildings or structures.<br />
Density. The amount of residential development permitted on a given parcel of l<strong>and</strong>.<br />
Density, Base. The maximum number of dwelling units permitted outright by a particular l<strong>and</strong>use<br />
classification.<br />
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Density, Bonus. The granting of the allowance of additional density in a development in<br />
exchange for the provision by the developer of other desirable amentias from a public<br />
perspective such as open space.<br />
Density, Gross. A calculation that divides the total residential units by the total area to be<br />
developed, excluding nothing.<br />
Density, Net. A calculation that divides the total residential units by the total residential area to<br />
be developed (which is the total area to be developed excluding certain areas such as<br />
roads, easements, water area, l<strong>and</strong>s with environmental constraints, <strong>and</strong> other uses).<br />
Developer. Any person, firm, or corporation, or any other entity involved in the physical<br />
development of any l<strong>and</strong>.<br />
Development. Any manmade change to improve or alter real estate, including but not limited to<br />
subdivision of l<strong>and</strong>, buildings, or other structures, mining, dredging, filling, grading,<br />
paving, excavating or drilling operations.<br />
Development Regulation. Any <strong>zoning</strong>, subdivision, site plan, official <strong>map</strong>, floodplain<br />
regulation, or other government regulation that affects the use <strong>and</strong> intensity of l<strong>and</strong><br />
development.<br />
Development Right. The right to develop property in accordance with applicable <strong>regulations</strong>.<br />
District. A part, zone, or geographical area within the county within which certain <strong>zoning</strong> or<br />
development <strong>regulations</strong> apply.<br />
District, Neighborhood Business. A small commercial area within a <strong>zoning</strong> <strong>district</strong> that<br />
provides limited retail goods <strong>and</strong> services for the nearby residential customers.<br />
Division of L<strong>and</strong>. The segregation of one or more parcels of l<strong>and</strong> from a larger tract held in<br />
single or undivided ownership by transferring or contracting to transfer title to or<br />
possession of a portion of the tract or property by filing a certificate of survey or<br />
subdivision plat establishing the identity of the segregated parcels pursuant to MCA<br />
§76-3-101. The conveyance of a tract of record or an entire parcel of l<strong>and</strong> that was<br />
created by a previous division of l<strong>and</strong> is not a division of l<strong>and</strong>.<br />
Drainage. A general term applied to the removal of surface or subsurface water from a given<br />
area either by gravity or by pumping.<br />
Drainage System. The surface <strong>and</strong> subsurface system for the removal of water from the l<strong>and</strong>,<br />
including both the natural elements of streams, marshes, swales, <strong>and</strong> ponds, whether of<br />
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an intermittent or continuous nature, <strong>and</strong> the manufactured elements which includes<br />
culverts, ditches, channels, retention facilities, <strong>and</strong> the stormwater sewer system.<br />
Dwelling. A structure or portion thereof providing permanent cooking, eating, sleeping <strong>and</strong><br />
living facilities exclusively for human habitation.<br />
Dwelling, Accessory. A dwelling, subordinate to the principal dwelling, <strong>and</strong> which may be<br />
attached or detached from the principal dwelling, that provides separate <strong>and</strong> a complete<br />
living facilities which may further defined as a caretaker’s residence, agricultural<br />
employee housing, guest house, or efficiency apartment.<br />
Dwelling, Attached. A one-family dwelling attached to two or more one-family dwellings by<br />
common vertical walls.<br />
Dwelling, Detached. A dwelling that is not attached to any other dwelling by any means.<br />
Dwelling, Multi-Family. A structure or portion thereof used for occupancy by two or more<br />
families living independently of each other in two or more dwelling units.<br />
Dwelling, Single-Family. A residential building or portion thereof intended for occupancy by<br />
one or more persons with complete, permanent <strong>and</strong> independent living facilities for<br />
living, sleeping, cooking, <strong>and</strong> eating; may be referred to as the principal dwelling.<br />
-E-<br />
Easement. A grant of one or more of the property rights by the property owner to <strong>and</strong>/ or for<br />
use by the public, a corporation, or other person or entity.<br />
Egress. An exit.<br />
Elevation. (1) A vertical distance above or below a fixed reference level; (2) a fully<br />
dimensioned drawing of the front, rear, or side of a building showing features such as<br />
windows, doors, <strong>and</strong> relationship of grade to floor level.<br />
Employee Housing. (1) An accessory dwelling subordinate to the principal dwelling, restricted<br />
by covenant for use by persons <strong>and</strong> their families employed onsite for full-time<br />
agricultural employment; (2) A designated use to house employees within the <strong>zoning</strong><br />
<strong>district</strong> where the unit it located.<br />
Encroachment. Any obstruction or illegal or unauthorized intrusion in a delineated floodplain,<br />
floodway, right-of-way, or on adjacent l<strong>and</strong>.<br />
Enlargement. An increase in the size of an existing structure or use, including physical size of<br />
the property, structure, parking, <strong>and</strong> other improvements.<br />
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Environmental Assessment. A statement of the effect of proposed development, <strong>and</strong> other<br />
major private or governmental actions, on the environment.<br />
Equestrian Facility, Commercial: Commercial facilities that may include barns, stables,<br />
arenas, corrals, <strong>and</strong> paddocks for equine (horse, donkey, <strong>and</strong> mule) operations<br />
including: horse ranches, boarding stables, riding schools, equine exhibition facilities<br />
<strong>and</strong> arenas accessory to the facility uses.<br />
Equestrian Facility, Personal: The use of structures <strong>and</strong>/ or l<strong>and</strong> to keep equine (horse,<br />
donkey, <strong>and</strong> mule) primarily for breeding <strong>and</strong> boarding <strong>and</strong> which operation is an<br />
incidental use of the l<strong>and</strong> <strong>and</strong>/ or structures. Does not include riding arenas where<br />
events open to the public are staged.<br />
Erosion. The process by which the soil <strong>and</strong> rock components of the earth’s crust are worn away<br />
<strong>and</strong> removed from one place to another by natural forces such as water, wind, ice <strong>and</strong><br />
gravity.<br />
Essential Services (Type I). Water pumping stations; stormwater drainage facilities (including<br />
collection lines, retention/ detention ponds <strong>and</strong> drainage ways); sanitary sewer <strong>and</strong><br />
stormwater sewer lift stations; public domestic water storage facilities; water fill stations<br />
for fire fighting equipment; local service telephone lines <strong>and</strong> cables; local electrical<br />
distribution lines <strong>and</strong> cables; local service cable television lines; local service electronic<br />
data transmission lines <strong>and</strong> cables; water <strong>and</strong> sanitary sewer distribution <strong>and</strong> collection<br />
lines; public <strong>and</strong> amateur radio antennae <strong>and</strong> towers.<br />
Essential Services (Type II). Pipelines to transport gas, oil <strong>and</strong> coal (interstate <strong>and</strong> intrastate);<br />
electric substations; electrical transmission lines (interstate <strong>and</strong> intrastate); public<br />
facilities (electric <strong>and</strong> gas); public treatment facilities (water, sanitary sewer <strong>and</strong><br />
stormwater sewer); telephone satellite community dial offices; telephone exchanges <strong>and</strong><br />
repeater stations, except those facilities which may be considered wireless facilities;<br />
other accessory facilities, equipment <strong>and</strong> structures; <strong>and</strong> police <strong>and</strong> fire stations.<br />
Excavation, Personal. The process of altering natural (grade) elevation by any activity by which<br />
natural materials are cut, dug, quarried, uncovered, or relocated for personal use on site.<br />
Does not include ordinary gardening, ground care, or agricultural purposes.<br />
Existing Use. The use of a lot or structure at the time of the adoption of a <strong>zoning</strong> regulation.<br />
-F-<br />
Family. See Household.<br />
Farm Produce St<strong>and</strong>. A temporary structure on the premises for the sale of locally grown<br />
produce.<br />
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Feed Lot. An animal enclosure where the l<strong>and</strong> is not grazed or cropped annually, either a<br />
secondary or an accessory use to an agricultural operation or a primary use as in<br />
commercial feed lot.<br />
Fence. An artificially constructed barrier of any material or combination of materials erected to<br />
enclose, screen, or separate areas.<br />
FEMA. Federal Emergency Management Agency.<br />
Final Plat. The final drawing of a subdivision <strong>and</strong> dedication required by the Montana<br />
Subdivision <strong>and</strong> Platting Act to be prepared for filing with the Clerk <strong>and</strong> Recorder, <strong>and</strong><br />
containing all elements <strong>and</strong> requirements set forth by the local governing body <strong>and</strong> the<br />
Montana Subdivision <strong>and</strong> Platting Act.<br />
Flood, 100 Year. A flood having a one-percent chance of being equaled or exceeded in any<br />
given year. A 100-year flood is the same as a base flood.<br />
Flood, 500 Year. A flood having a 0.2-percent chance of being equaled or exceeded in any<br />
given year.<br />
Flood Insurance Rate Map. The <strong>map</strong> on which FEMA has delineated both the special hazard<br />
areas <strong>and</strong> the risk premium zones.<br />
Flood Insurance Study. An examination, evaluation <strong>and</strong> determination of flood hazards <strong>and</strong>, if<br />
appropriate, corresponding water surface elevations, or an examination, evaluation <strong>and</strong><br />
determination of mudslide (i.e., mudflow) <strong>and</strong> or flood-related erosion hazards.<br />
Floodplain, Regulatory. Areas subject to regulation, generally adjoining a stream, which would<br />
be covered by floodwater of a base flood except for designated shallow flooding areas<br />
that receive less than one foot of water per occurrence. The floodplain consists of a<br />
floodway <strong>and</strong> floodway fringe.<br />
Floodplain Regulation, <strong>Gallatin</strong> <strong>County</strong>. Regulations adopted in accordance with exercising the<br />
authority of the laws of the State of Montana to promote the public health, safety <strong>and</strong><br />
general welfare; to minimize flood losses in the areas subject to flood hazards; to<br />
promote wise use of the floodplain; <strong>and</strong> to guide development of floodplain areas of the<br />
<strong>County</strong> outside the incorporated areas.<br />
Floodplain Maps, Official. The Flood Insurance Rate Maps <strong>and</strong> Flood Boundary Floodway<br />
Maps provided by FEMA (dated July 15, 1988 for incorporated areas <strong>and</strong> August 1,<br />
1984 for unincorporated) <strong>and</strong> incorporating <strong>and</strong> approved updates <strong>and</strong> revisions.<br />
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Floodway. The channel of a stream <strong>and</strong> the adjacent overbank areas that must be reserved in<br />
order to discharge a base flood without cumulatively increasing the water surface<br />
elevation more than one-half foot.<br />
Floodway Fringe. The portion of the floodplain that is outside the limits of the floodway.<br />
Foundation, Permanent. Support footings <strong>and</strong> bearing walls constructed of masonry or<br />
concrete, meeting the st<strong>and</strong>ards of the International Building Code (IBC).<br />
Frontage. The side of the lot abutting on a street; the front lot line.<br />
-G-<br />
GCCHD (<strong>Gallatin</strong> City-<strong>County</strong> Health Department). The department responsible for the<br />
regulation <strong>and</strong> approval of water <strong>and</strong> septic permits throughout the Country.<br />
Garage, Private Customer <strong>and</strong> Employee. A structure that is accessory to a non-retail<br />
commercial or manufacturing establishment or use <strong>and</strong> is primarily for the parking <strong>and</strong><br />
storage of vehicles operated by the customers, visitors, <strong>and</strong> employees of such building<br />
<strong>and</strong> that is not available to the general public.<br />
Garage, Private Residential. A structure that is accessory to a residential structure <strong>and</strong> that is<br />
designed or primarily used for the storage of vehicles owned <strong>and</strong> operated by the<br />
residents thereof.<br />
Glare. (1) The reflection of a harsh, bright light with an intensity great enough to reduce a<br />
viewer’s ability to see; <strong>and</strong> (2) the physical effect resulting from luminances or<br />
insufficiently shielded light sources in the field of view.<br />
Governing Body. The governing body of any governmental unit, such as Planning <strong>and</strong> Zoning<br />
Commission, Planning Board, <strong>and</strong> <strong>County</strong> Commission.<br />
Grade. (1) The lowest elevation of the l<strong>and</strong> around a structure; (2) the percent of rise or decent<br />
of a sloping surface.<br />
Grade, Existing. The elevation of the ground surface in its natural state, prior to any man-made<br />
alterations such as grading, filling, or excavating.<br />
Greenhouse. A structure constructed of translucent material, which is devoted to the cultivation<br />
of plants, all or part of which are sold wholesale or retail.<br />
Ground Water. Any water beneath the l<strong>and</strong> surface, bed of a stream, lake, or reservoir.<br />
Ground Water Area. An area enclosing a single, distinct body of ground water.<br />
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Growth Policy, <strong>Gallatin</strong> <strong>County</strong>. The official document adopted by <strong>Gallatin</strong> <strong>County</strong> <strong>and</strong> used<br />
by the local government as a general guide for development <strong>and</strong> conservation decisions.<br />
It is not a regulation; rather, it is an official statement of public policy to guide growth<br />
<strong>and</strong> change in the unincorporated areas of <strong>Gallatin</strong> <strong>County</strong>. The required <strong>and</strong> optional<br />
elements of a growth policy are listed in MCA §76-1-601.<br />
Guest House. An attached or detached accessory structure used to house guests of the<br />
occupants of the principal structure, <strong>and</strong> which is never rented or offered for rent.<br />
Guest Ranch. Premises used for riding, hiking, or other outdoor recreational purposes wherein<br />
the said recreationists are provided with meals <strong>and</strong> overnight accommodations.<br />
-H-<br />
High Water. The highest level reached by a body of water.<br />
Hillside L<strong>and</strong>. L<strong>and</strong> that may be subject to specific <strong>regulations</strong> due to the slope <strong>and</strong> grade.<br />
Home Based Business. A legal activity carried out for gain by a resident <strong>and</strong> up to three<br />
employees, <strong>and</strong> conducted as a customary, incidental, <strong>and</strong> accessory use in the resident’s<br />
dwelling, accessory structures, <strong>and</strong> on the premises.<br />
Home Occupation. A legal activity carried out for gain by a resident <strong>and</strong> conducted as a<br />
customary, incidental, <strong>and</strong> accessory use in the resident’s dwelling.<br />
Household. (1) A person living alone; (2) any number of people related by blood, marriage,<br />
adoption, guardianship or other authorized custodial relationship; (3) two unrelated<br />
people <strong>and</strong> any children related to either of them; (4) not more than four unrelated<br />
people living together as a single nonprofit housekeeping unit <strong>and</strong> sharing common<br />
living, sleeping, cooking, <strong>and</strong> eating facilities.<br />
Hydrology. The science dealing with the properties, distribution, <strong>and</strong> circulation of water <strong>and</strong><br />
snow.<br />
-I-<br />
Impervious Surface. Any material that prevents absorption of stormwater into the ground.<br />
Incidental. Subordinate <strong>and</strong> minor in significance <strong>and</strong> bearing a reasonable relationship with the<br />
primary use.<br />
Infrastructure. Facilities <strong>and</strong> services needed to sustain industry, residential, commercial, <strong>and</strong><br />
all other l<strong>and</strong> use activities.<br />
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Ingress. Access or entry.<br />
Irrigation District. A subdivision of government, managed by a board of directors, that supplies<br />
water to irrigators within a specified region.<br />
Irrigation Ditch. A man-made channel, which can be manually or mechanically controlled,<br />
constructed for the purpose of carrying irrigation water to a needed area.<br />
-J-<br />
Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the<br />
process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or<br />
other use or disposition.<br />
Junkyard. Any area, lot, l<strong>and</strong>, parcel, structure, or part thereof, used for storage, collection,<br />
processing, purchase, sale, salvage, or disposal of junk.<br />
-K-<br />
Kitchen. Any room or area principally uses, intended, or designed to be used for the storage<br />
<strong>and</strong>/ or preparation of food. The presence of a range, oven, refrigeration, sink, or any<br />
combination or the utility connections suitable for servicing a range, oven, refrigerator,<br />
or sink is considered a kitchen.<br />
-L-<br />
L<strong>and</strong> Use. A description of how l<strong>and</strong> is occupied or utilized.<br />
L<strong>and</strong>mark. (1) Any site, structure, or natural feature that has visual, historic, or cultural<br />
significance; (2) a permanent marker, usually called a monument, designating property<br />
boundaries.<br />
L<strong>and</strong>scape. (1) An expanse of natural scenery; (2) lawns, trees, plants, <strong>and</strong> other natural<br />
materials, such as rock <strong>and</strong> wood chips, <strong>and</strong> decorative features, including sculpture,<br />
patterned walks, fountains, <strong>and</strong> pools.<br />
L<strong>and</strong>scape Plan. A component of a development plan which may show: proposed l<strong>and</strong>scape<br />
species (such as number, spacing, size at time of planting, <strong>and</strong> planting details);<br />
proposals for protection <strong>and</strong> irrigation of existing vegetation during <strong>and</strong> after<br />
construction; proposed treatment of hard soft surfaces; proposed decorative features;<br />
grade changes; buffers <strong>and</strong> screening devices; <strong>and</strong> any other information that can<br />
reasonably be required in order that an informed decision can be made by the approving<br />
authority.<br />
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Levee. A manmade embankment, usually earthen, designed <strong>and</strong> constructed in accordance with<br />
sound engineering practices to contain, control or divert the flow of water to provide<br />
protection from temporary flooding.<br />
Light Fixture, Outdoor. The fixture is an assembly that houses the lamp(s), <strong>and</strong> can include all<br />
or some of the following parts: a housing, a mounting bracket or pole socket, a lamp<br />
holder, a ballast, a reflector or mirror <strong>and</strong>/ or a refractor or lens.<br />
Light Pollution. Any adverse effect of man-made light.<br />
Lighting, Direct. Illumination resulting from light emitted directly from the light source.<br />
Lighting, Fully Shielded. (Also referred to as cutoff-type lighting) Any outdoor light fixture<br />
shielded in such a manner that all light emitted by the fixture (directly or indirectly) is<br />
projected below a horizontal plane running through the lowest point of the fixture where<br />
light is emitted.<br />
Lighting, Indirect. Direct light that has been reflected or has scattered off other surfaces.<br />
Lighting, Outdoor. The illumination of an outdoor area or object by a man-made device,<br />
permanently installed or portable, that produces light used for illumination, decoration,<br />
security, or advertisement.<br />
Lighting, Partially Shielded. Any light fixture shielded in such a manner that the bottom edge of<br />
the shield is below the plane of the center line of the lamp reducing light above the<br />
horizontal.<br />
Livestock for Agricultural Use: The keeping of domestic animals for personal use or for sale<br />
<strong>and</strong> profit as part of a bona fide agricultural operation.<br />
Local Services. All services provided by governmental bodies for the benefit of citizens. These<br />
services include, but are not limited to, police, fire, water, recreation, streets, parks,<br />
libraries, schools, <strong>and</strong> wastewater <strong>and</strong> solid waste collection <strong>and</strong> disposal.<br />
Lot. A designated parcel, tract, or area of l<strong>and</strong> established by plat, subdivision, or as otherwise<br />
permitted by law, to be separately owned, used, developed, or built upon.<br />
Lot, Area. The total area within the lot lines of a lot, excluding any street rights-of-way.<br />
Lot, Coverage. A measurement of intensity of l<strong>and</strong> use, expressed as a percentage of a lot’s<br />
total area that is impervious (i.e., does not absorb water). This portion includes, but is<br />
not limited to, the areas covered by buildings, structures, driveways, roads, <strong>and</strong><br />
sidewalks.<br />
Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public<br />
or private street or any other public space.<br />
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Lot Line, Front. The lot line separating a lot from a street right-of-way.<br />
Lot Line, Rear. The lot line opposite <strong>and</strong> most distant from the front lot line. In the case of a<br />
triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the<br />
lot, parallel to <strong>and</strong> at a maximum distance from the front line.<br />
Lot Line, Side. Any lot line other than front or rear.<br />
Lot Line, Zero. The location of a structure on a lot in such a manner that one or more of the<br />
structure’s sides rests directly on a lot line.<br />
Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its<br />
depth along a straight line parallel to the front lot line at the minimum required building<br />
setback line.<br />
Lot of Record. A lot which is part of a subdivision recorded in the office of the <strong>County</strong> Clerk<br />
<strong>and</strong> Recorder, or a lot described by metes <strong>and</strong> bounds, a copy of which has been<br />
recorded in the office of the <strong>County</strong> Clerk <strong>and</strong> Recorder.<br />
Lumen. A unit to measure the actual amount of visible light which is produced by a lamp as<br />
specified by the manufacturer.<br />
-M-<br />
Manufactured Home. A factory-built, single-family structure that is under the authority of 42<br />
USC Section 5401, the National Manufactured Home Construction <strong>and</strong> Safety St<strong>and</strong>ards<br />
Act, built on a permanent chassis, <strong>and</strong> is used as a place for human habitation, but which<br />
is not constructed or equipped with a permanent hitch or other device allowing transport<br />
of the unit other than for the purpose of delivery to a permanent site, <strong>and</strong> which does not<br />
have wheels or axles permanently attached to its body or frame. This definition<br />
specifically does not include modular housing or recreational vehicle.<br />
Manufactured Home Park. A tract of l<strong>and</strong> providing two or more home lots for lease or rent to<br />
the general public.<br />
Manufacturing, Light. Fabrication of <strong>and</strong>/ or assembly of goods from previously prepared<br />
materials.<br />
MCA (Montana Code Annotated). The collection of Montana statutes classified by subject.<br />
Mineral Resource Development (Mining). The extraction of minerals, including solids, such as<br />
coal <strong>and</strong> ore; liquids, such as crude petroleum; <strong>and</strong> gases, such as natural gases.<br />
Including any operation that mines s<strong>and</strong> <strong>and</strong> gravel or mixes concrete or batches asphalt.<br />
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Mineral Rights. One of a number of distinct <strong>and</strong> separate rights associated with real property<br />
that gives the owner of rights certain specified privileges, such as to extract, sell, <strong>and</strong><br />
receive royalties with respect to minerals.<br />
Mining. The extraction of minerals, including solids, such as coal <strong>and</strong> ore; liquids, such as<br />
crude petroleum; <strong>and</strong> gases, such as natural gases. Including any operation that mines<br />
s<strong>and</strong> <strong>and</strong> gravel or mixes concrete or batches asphalt.<br />
Mixed Use Development. The development of a tract of l<strong>and</strong> or structure with a variety of<br />
complimentary <strong>and</strong> integrated uses, such as, but not limited to, residential, office,<br />
manufacturing, retail, public, or entertainment, in a compact urban form.<br />
Mobile Home. A transportable, manufactured structure, suitable for year-round single-family<br />
household occupancy <strong>and</strong> having water, electrical <strong>and</strong> sewage connections similar to<br />
those of conventional dwellings. This definition applies to only units constructed prior<br />
to Federal Manufacturing Housing Construction <strong>and</strong> Safety St<strong>and</strong>ards Act of 1974,<br />
which became effective June 15, 1976. Compare with the definition of manufactured<br />
home.<br />
Modular Home. A dwelling unit meeting the st<strong>and</strong>ards of the International Building Code<br />
(IBC) which was mass produced in a factory, designed <strong>and</strong> constructed for<br />
transportation to a site for occupancy when connected to the required utilities <strong>and</strong> when<br />
permanently anchored to a permanent foundation, whether intended for a use as an<br />
independent, individual unit or in combination with other units to form a larger structure,<br />
<strong>and</strong> which does not have integral wheel, axles, or hitch.<br />
-N-<br />
Natural Environment. The physical conditions which exist within a given area, including l<strong>and</strong>,<br />
water, mineral, flora, fauna, noise, light, <strong>and</strong> objects of historic or aesthetic significance.<br />
Naturally Woodl<strong>and</strong> Area. An ecosystem characterized by naturally occurring dense tree cover.<br />
Neighborhood Business District. See District<br />
Non-Conforming Parcel. A parcel, the area, dimensions or location of which was lawful prior<br />
to the adoption, revision, or amendment of a <strong>zoning</strong> regulation but fails by reason of<br />
such adoption, revision or amendment to conform to the present requirements of the<br />
<strong>zoning</strong> regulation.<br />
Non-Conforming Sign. Any sign lawfully existing on the effective date of a regulation, or<br />
amendment thereto, that renders such a sign nonconforming because it does not conform<br />
to all the st<strong>and</strong>ards <strong>and</strong> <strong>regulations</strong> of the adopted or amended regulation.<br />
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Non-Conforming Structure. A structure, the size, dimensions or location of which was lawful<br />
prior to the adoption, revision or amendment to a <strong>zoning</strong> regulation but fails by reason of<br />
such adoption, revision or amendment to conform to the present requirements of the<br />
<strong>zoning</strong> regulation.<br />
Non-Conforming Use. A use or activity that was lawful prior to the adoption, revision or<br />
amendment of a <strong>zoning</strong> regulation but fails by reason of such adoption, revision or<br />
amendment to conform to the present requirements of the <strong>zoning</strong> regulation.<br />
Non-motorized Trails. A maintained pathway designed for <strong>and</strong> used by equestrians,<br />
pedestrians, <strong>and</strong> cyclists using non-motorized bicycles.<br />
Nuisance. Anything that is indecent or offensive to the senses as defined by MCA §27-30-101.<br />
-O-<br />
Offices. Buildings or portions of structures in which commercial activities take place but where<br />
goods are not produced, sold, or repaired. These include but are not limited to general<br />
<strong>and</strong> professional offices, governmental offices; insurance offices; real estate offices;<br />
taxicab offices (but not taxi st<strong>and</strong>s); travel agency or transportation ticket offices;<br />
telephone exchange; utility offices; radio broadcasting <strong>and</strong> similar uses.<br />
Open Space. Any parcel or area of l<strong>and</strong> or water essentially unimproved <strong>and</strong> set aside,<br />
dedicated, designated, or reserved for public or private use or enjoyment or for the use<br />
<strong>and</strong> enjoyment or owners, occupants, or their guests of l<strong>and</strong> adjoining or neighboring<br />
such open space.<br />
Open Space, Common. L<strong>and</strong> within or related to a development, not individually owned or<br />
dedicated for public use, that is designed <strong>and</strong> intended for the common use or enjoyment<br />
of the residents <strong>and</strong> their guests of the development <strong>and</strong> may include such<br />
complementary structures <strong>and</strong> improvements as are necessary <strong>and</strong> appropriate.<br />
Open Space, Green. An open space area not occupied by any structures or impervious surfaces.<br />
Open Space, Private. Common open space, the use of which is normally limited to the<br />
occupants of a single dwelling, structure, or property.<br />
Open Space, Public. Open space owned by a public agency <strong>and</strong> maintained by it for the use <strong>and</strong><br />
enjoyment of the general public.<br />
Ordinary High Water Mark. The outermost line caused by water impressing on l<strong>and</strong> <strong>and</strong><br />
covering it for sufficient periods to cause physical characteristics that distinguish the<br />
area below the line from the area above it. Characteristics of the area below the line<br />
include, when appropriate, but are not limited to, deprivation of the soil of substantially<br />
all terrestrial vegetation <strong>and</strong> destruction of its agricultural vegetative value. A floodplain<br />
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adjacent to surface waters is not considered to lie within the surface water’s high water<br />
marks.<br />
Outcrop. That part of a rock formation which is exposed at the earth’s surface.<br />
Outfitter. Any person licensed in Montana to advertise <strong>and</strong> provide service as an outfitter,<br />
guide, <strong>and</strong> professional guide for recreational activities directly related to the outfitting<br />
license.<br />
-P-<br />
Parcel. A contiguous lot or tract of l<strong>and</strong> owned <strong>and</strong> recorded as a property of the same persons<br />
or controlled by a single entity.<br />
Parcel of Record. An individual parcel of l<strong>and</strong>, irrespective of ownership, that can be identified<br />
by legal description, independent of any other parcel of l<strong>and</strong>, using documents on file in<br />
the records of the <strong>County</strong> Clerk <strong>and</strong> Recorder’s office.<br />
Park. Any public or private area of l<strong>and</strong>, with or without structures, for the purpose of passive<br />
<strong>and</strong> active recreational uses.<br />
Parking. Space reserved for the parking of motor vehicles.<br />
Parking, Off-Street. A temporary storage for a motor vehicle in a space located off any public<br />
right-of-way with room to exit either side of vehicle, <strong>and</strong> with adequate maneuvering<br />
space <strong>and</strong> access to public roads.<br />
Parking, On-Street. A temporary storage area for a motor vehicle that is located on a dedicated<br />
street right-of-way.<br />
Parking Area. An area, other than a street or alley designated for use, or used, for temporary<br />
parking of vehicles.<br />
Permitted Use. A use which is specifically listed as a permitted use for a <strong>district</strong> <strong>and</strong> which<br />
meets the intent of the <strong>district</strong> without additional conditions or special review <strong>and</strong><br />
approval being required; also referred to as principal use.<br />
Person. Any legal entity, organization, or human being according to Montana law.<br />
Pervious Surface. Any material that permits full or partial absorption of stormwater into the<br />
previously unimproved l<strong>and</strong>.<br />
Places of Worship. See Worship.<br />
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Planning Board, <strong>Gallatin</strong> <strong>County</strong>. An 11 member, citizen’s advisory board.<br />
Planning Department, <strong>Gallatin</strong> <strong>County</strong>. The department responsible for the community<br />
development planning for the unincorporated area of the county.<br />
Planning Director, <strong>Gallatin</strong> <strong>County</strong>. The Director of the <strong>Gallatin</strong> <strong>County</strong> Planning Department<br />
<strong>and</strong> the person charged with the administration of the department according to the<br />
supervision of the <strong>Gallatin</strong> <strong>County</strong> Commissioners.<br />
Plat. A graphical representation of a subdivision showing the division of l<strong>and</strong> into lots, parcels,<br />
blocks, streets, alleys, <strong>and</strong> other divisions <strong>and</strong> dedications <strong>and</strong> includes replats or<br />
amended plats.<br />
Power Plant, Commercial. An electrical power station facility using hydro, fossil fuel, wind,<br />
or solar energy as its fuel source, which is operated by a public utility or independent<br />
power producer <strong>and</strong> whose primary function is to provide electricity to the electrical<br />
distribution system or transmission grid.<br />
Power Plant, Personal. An electrical power generation facility using hydro, solar, wind, or<br />
geothermal energy as its fuel source, <strong>and</strong> whose primary function is to provide<br />
electricity to the l<strong>and</strong>owner for uses on the site the facility is located.<br />
Primary Access. The major access to a subdivision. The major access generally carries the<br />
most traffic as determined by the traffic impact study.<br />
Principal Use. A use or structure which determines the predominate or major use of the lot<br />
on which it is located. The principal use shall be that use which establishes the<br />
character of the property relative to surrounding or adjacent properties.<br />
Property Owner. Any person, firm, corporation or other entity shown as being the legal<br />
owner of a tract, parcel, or lot in the records of the <strong>County</strong> Clerk <strong>and</strong> Recorder.<br />
Public Health <strong>and</strong> Safety. A condition of optimal well-being, free from danger or injury, for<br />
a community at large, not merely for an individual or small group of persons.<br />
Public Utility. A public utility shall include any enterprise providing heat, light, power, water,<br />
telegraph, telephone, railway <strong>and</strong> bus service, sewage service <strong>and</strong> audio, audio-visual<br />
<strong>and</strong> data-link communications.<br />
-R-<br />
Recreational Facility. Establishment, including accessory uses <strong>and</strong> structures that are customary<br />
to the recreational facility, that charge a fee for providing outdoor recreation that<br />
includes: golf courses, tennis courts, <strong>and</strong> swimming pools.<br />
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Recreational Vehicle (RV). A vehicular-type portable structure without a permanent foundation<br />
that can be towed, hauled or driven <strong>and</strong> primarily designed as a temporary living<br />
accommodation for recreational, camping <strong>and</strong> travel use <strong>and</strong> including, but not limited<br />
to, travel trailers, truck campers, camping trailers <strong>and</strong> self-propelled motor homes.<br />
Recreational Vehicle Park. A place renting space to park individual camping trailers, pickup<br />
campers, motor homes, travel trailers, or automobiles for transient dwelling purposes.<br />
Residential. Non-commercial single- or multi-family dwellings; uses; or <strong>district</strong> designation.<br />
Retail. The rental or sale of tangible personal property for any purpose other than for resale.<br />
Retail, Large Scale. The rental or sale of tangible personal property for any purpose other than<br />
for resale where the total area utilized by a single tenant, exclusive of parking, occupies<br />
40,000 square feet or more.<br />
Retail, Small Scale. Establishments of 10,000 square feet or fewer of gross floor area engaged<br />
in the sale or rental of goods for consumer or household use.<br />
Ridge. The horizontal line formed by opposing sloping sides that run parallel.<br />
Ridge, Geological. A geological ridge features a relatively narrow <strong>and</strong> continuous elevational<br />
crest, or series of crests, for a distance. The ridge includes the top portion of a l<strong>and</strong>form<br />
such as a hill or a mountain; <strong>and</strong> the ridge may be prominent due to the steep angle at<br />
which it rises.<br />
Ridgeline. A line connecting the highest points along a ridge.<br />
Right-of-way. (1) A strip of l<strong>and</strong> acquired by reservation, dedication, forced dedication,<br />
prescription, or condemnation <strong>and</strong> intended to be occupied by a road, crosswalk,<br />
railroad, electric transmission lines, oil <strong>and</strong> gas pipeline, water line, sanitary stormwater<br />
sewer, <strong>and</strong> other similar uses: (2) generally, the right of one to pass over the property of<br />
another.<br />
Riparian L<strong>and</strong>. L<strong>and</strong> that is traversed or bounded by a natural watercourse or adjoining l<strong>and</strong>s.<br />
Road, Arterial. A road having the primary function or moving traffic with emphasis on a high<br />
level of mobility for through-movement, <strong>and</strong> the secondary function of providing<br />
limited access to adjacent l<strong>and</strong>.<br />
Roof. The outside top covering of a structure.<br />
Run with the L<strong>and</strong>. A covenant or restriction of the use of the l<strong>and</strong> contained in a deed <strong>and</strong><br />
binding on the present <strong>and</strong> all future owners of the property.<br />
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Runoff. The portion of rainfall, melted snow, irrigation water, <strong>and</strong> any other liquids that flows<br />
across ground surface (<strong>and</strong> eventually is returned to streams).<br />
-S-<br />
Screening. A method of visually shielding or obscuring one abutting or nearby structure or use<br />
from another by fencing, walls, berms, or densely planted vegetation.<br />
Seasonal Use. A use dependent on or controlled by the season of the year. Seasonal uses<br />
operate continuously during a period of up to 90 days per year.<br />
Security Lighting. All outdoor lighting used for, but not limited to, illumination for walkways,<br />
roadways. Equipment yards, parking lots, <strong>and</strong> other outdoor security where general<br />
illumination for safety <strong>and</strong> security of the grounds is the primary concern.<br />
Sediment. Solid material, both mineral <strong>and</strong> organic that is in suspension, is being<br />
transported, or has been moved from its site of origin by air, water, or gravity as a<br />
product of erosion.<br />
Sedimentation. The process of depositing materials from a liquid, especially in bodies of water.<br />
Sensitive L<strong>and</strong>s. Includes all riparian corridors, wetl<strong>and</strong>s, wildlife corridors <strong>and</strong> slopes over 30<br />
percent.<br />
Septic System. An underground system with a septic tank used for decomposition of domestic<br />
waste.<br />
Service Station. Any structure, l<strong>and</strong> use, or other premises, or portion thereof, used for the retail<br />
dispensing or sales of vehicular fuels; servicing <strong>and</strong> repair of automobiles; <strong>and</strong> including<br />
as an accessory use the sale <strong>and</strong> installation of lubricants, tires, batteries, <strong>and</strong> similar<br />
vehicle accessories.<br />
Setback. The distance from the property line to the nearest part of the applicable building,<br />
structure, or sign, measured perpendicularly to the property line.<br />
Setback Line. The line that is the required minimum distance from the street right-of-way or<br />
public access easement line or any other lot line that establishes the area within which<br />
structures must be placed.<br />
Shared Access. A fixed automotive <strong>and</strong> pedestrian access location from a street to two or more<br />
adjoining properties which have the right mutually <strong>and</strong> ability to use the access, <strong>and</strong><br />
which have been established by an easement or other legally binding means.<br />
Shooting Preserve. An area where game is released for the purpose of providing hunting under<br />
special <strong>regulations</strong> set by the state.<br />
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Sign. Any device, fixture, placard, or structure that uses form, graphic, illumination, symbol, or<br />
writing to advertise, announce the purpose of a person or entity or to communicate<br />
information of any kind to the public.<br />
Sign, Animated or Moving. Any sign or part of a sign that changes physical position or light<br />
intensity by any movement or rotation or that gives the visual impression of such<br />
movement or rotation.<br />
Sign, Awning, Canopy, or Marquee. A sign that is mounted, painted, or attached to an awning,<br />
canopy, or marquee that is otherwise permitted by regulation.<br />
Sign, Face. The area or display surface used for the message.<br />
Sign, Flashing. Any directly or indirectly illuminated sign that exhibits changing natural or<br />
artificial light or color effects by any means whatsoever.<br />
Sign, Freest<strong>and</strong>ing. Any non-movable sign not affixed to a building.<br />
Sign, Off-premise or Billboard. A sign that directs attention to a business, commodity, service,<br />
or entertainment conducted, sold, or offered at a location other than the premises on<br />
which the sign is located.<br />
Sign, Pole. A sign that is mounted on a freest<strong>and</strong>ing pole or other support.<br />
Sign, Portal. A small sign at the entrance of a property, which may contain words, symbols or<br />
br<strong>and</strong>s, indicating the address or identity of the premises.<br />
Sign, Real Estate. A sign pertaining to the sale or lease of the premises, or a portion of the<br />
premises, on which the sign is located.<br />
Sign, Temporary. A sign or advertising display constructed of cloth, canvas, plywood, or other<br />
light material <strong>and</strong> designed or intended to be displayed for a short period of time.<br />
Sign, Wall. A sign fastened to or painted on the wall of a structure in such a manner that the<br />
wall becomes the supporting structure for, or forms the background surface of, the sign<br />
<strong>and</strong> that does not project more than twelve inches from the structure.<br />
Sign Area. The entire face of a sign, including the advertising surface <strong>and</strong> any framing, trim, or<br />
molding, but not including the supporting structure.<br />
Site Plan. The development plan for one or more lots which shows the existing <strong>and</strong> proposed<br />
conditions of the lot, including topography, vegetation, drainage, flood plains, wetl<strong>and</strong>s,<br />
<strong>and</strong> waterways; l<strong>and</strong>scaping <strong>and</strong> open spaces; walkways; means of ingress <strong>and</strong> egress;<br />
circulations; utility services; structures; signs <strong>and</strong> lighting; berms, buffers, <strong>and</strong> screening<br />
devices; surrounding development; <strong>and</strong> any other information that reasonably may be<br />
required in order that an informed decision can be made by the approving authority.<br />
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Sketch Plan. A <strong>map</strong> at a scale suitable to locate the proposed development, showing the<br />
boundary lines of all adjacent properties <strong>and</strong> streets <strong>and</strong> other information necessary to<br />
determine the general location of the proposed development.<br />
Slide. The downhill mass movement of soil, rock, or snow resulting from failure of that<br />
material under stress.<br />
Slope. The inclination of the surface of the l<strong>and</strong> from the horizontal, usually expressed in<br />
percent or degrees prior to development.<br />
Sprawl. Uncontrolled growth, usually of a low-density nature, in previously rural areas <strong>and</strong><br />
some distance from existing development <strong>and</strong> infrastructure.<br />
Storage Facility. A space or place where goods, materials <strong>and</strong>/ or personal property are put for<br />
more than 24 hours.<br />
Street, Arterial. A street or road, moving relatively large volumes of traffic in two or four lanes,<br />
having the primary function of moving through traffic <strong>and</strong> the secondary function of<br />
providing access to adjacent l<strong>and</strong>.<br />
Street, Arterial (Principal). Serves the major centers of activity, the highest traffic volume<br />
corridors, <strong>and</strong> the longest trip distances in an urbanized area.<br />
Street, Arterial (Minor). Interconnects with <strong>and</strong> augments the urban principal arterial system.<br />
It accommodates trips of moderate length <strong>and</strong> at a somewhat lower level of mobility<br />
than principal arterials, <strong>and</strong> it distributes travel to smaller geographic areas.<br />
Street, Collector. A street or road generally with two traffic lanes <strong>and</strong> two parking lanes serving<br />
the equally important functions of moving through traffic <strong>and</strong> providing access to<br />
adjacent l<strong>and</strong>.<br />
Street, Local Street. A street or road with two traffic lanes <strong>and</strong> one or two parking lanes having<br />
a primary function of providing access to adjacent property <strong>and</strong> the secondary function<br />
of moving through traffic.<br />
Street, Public. A street or road for which the right-of-way has been dedicated to the public.<br />
Structure. A combination of materials to form a construction for use, occupancy, or<br />
ornamentation whether installed on, above, or below the surface of l<strong>and</strong> or water.<br />
Structure, Accessory. A subordinate structure or portion of the principal structure, located on<br />
the same lot as the principal building, which is customarily incidental to the principal<br />
structure. When part of an accessory structure is connected to a part of the principal<br />
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structure by a common wall, such accessory structure shall be counted as part of the<br />
principal structure. Individual public utility installations aboveground are considered<br />
accessory buildings.<br />
Structure, Main. The principal building for accommodating the primary use to which the<br />
premises are devoted.<br />
Structural Alteration. Any change in the shape or size of any portion of a building or of the<br />
supporting members of the building or structure such as walls, columns, beams, arches,<br />
girders, floor joist, or roof rafters.<br />
Subdivider. Any person, firm, corporation, or other entity who causes l<strong>and</strong> to be subdivided or<br />
who proposes a subdivision of l<strong>and</strong>.<br />
Subdivision. The division of a lot, tract, or parcel of l<strong>and</strong> into two or more lots, tracts, parcels,<br />
or other division of l<strong>and</strong> for sale, development, or lease, subject to the provisions of the<br />
Montana Subdivision <strong>and</strong> Platting Act.<br />
Subdivision, Major. Any subdivision not classified as a minor subdivision.<br />
Subdivision, Minor. A subdivision containing five or fewer parcels where proper access to all<br />
lots is provided <strong>and</strong> where no l<strong>and</strong> in the subdivision will be dedicated to public for<br />
parks or playgrounds.<br />
Substantial Damage. Damage sustained by a structure where the cost of restoring the structure<br />
to its condition before damage would equal or exceed 50 percent of the market value of<br />
the structure before the damage occurred as determined by <strong>Gallatin</strong> <strong>County</strong>’s last<br />
equalized assessment roll.<br />
Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of<br />
which equals or exceeds 50 percent of the market value of the structure either before the<br />
improvement; or before the damage occurs. It does not include alterations for listing on<br />
National Register of Historic Places or State Inventory of Historic Places; or to comply<br />
with existing local health <strong>and</strong> safety sanitary codes to assure safe living conditions.<br />
Surveyor (Registered L<strong>and</strong> Surveyor). A person licensed in conformance with the Montana<br />
Professional Engineers, Registration Act (MCA §37-67-101 through MCA §37-67-332)<br />
to practice surveying in the State of Montana.<br />
-T-<br />
Topography. General term to include characteristics of the ground surface such as plains, hills,<br />
mountains, degree of relief, steepness of slope, <strong>and</strong> other physiographic features.<br />
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Tract of Record. An individual parcel of l<strong>and</strong>, irrespective of ownership, that can be identified<br />
by legal description <strong>and</strong> is independent of any other parcel of l<strong>and</strong>, using documents on<br />
file in the records of the <strong>County</strong> Clerk <strong>and</strong> Recorder’s office.<br />
Transfer of Development Rights (TDR). The removal of the right to develop or build,<br />
expressed in a dwelling units per acre of floor area, from a designated sending area<br />
within a <strong>zoning</strong> <strong>district</strong> to l<strong>and</strong> in a designated receiving area within a <strong>zoning</strong> <strong>district</strong><br />
where such transfer is permitted.<br />
-U-<br />
Unit. A residential lot, a commercial lot, a condominium, a townhouse, an individual<br />
recreational vehicle parking site or a manufactured home lot.<br />
Use. Any purpose for which a building or other structure or a tract of l<strong>and</strong> may be designed,<br />
arranged, intended, maintained, or occupied for any activity, occupation, business, or<br />
operation carried on or intended to be carried on in a building or other structure or on a<br />
tract of l<strong>and</strong>.<br />
Utility Service. Distribution, transmission <strong>and</strong>/ or collection systems serving the general public<br />
operating under one or more of the following conditions: (a) Provides a service that is<br />
essential to the public health, safety or general welfare; (b) Is subject to regulation by<br />
any governmental agency, either state or federal; (c) Is granted a franchise.<br />
Utility Service Operation Facilities. Facilities required by a utility service for its service<br />
operations, excluding commercial activities. Facilities may include buildings, structures,<br />
reception <strong>and</strong> distribution equipment above <strong>and</strong> below ground, lines, pipes, tanks,<br />
ponds, pumping stations, generation <strong>and</strong> switching stations, repeaters, antennas<br />
(including off-air, satellite <strong>and</strong> microwave), transmitters <strong>and</strong> receivers, construction <strong>and</strong><br />
service equipment, valves, housings, or any other mechanical or electronic devices of<br />
any kind <strong>and</strong> any appurtenances <strong>and</strong> equipment necessary to the furnishing of the utility<br />
service.<br />
-V-<br />
Variance. A provision which allows modification to a regulation or waiver of the general<br />
development <strong>and</strong> building st<strong>and</strong>ards when a literal enforcement would result in<br />
unnecessary or undue hardship <strong>and</strong> the granting of the variance is not contrary to the<br />
public’s health, safety, <strong>and</strong> general welfare.<br />
Vested Right. A right that cannot be changed or altered by changes in regulation.<br />
Veterinary Clinic. An establishment for the treatment of the diseases <strong>and</strong> injuries of animals<br />
<strong>and</strong> where animals may be boarded during their convalescence.<br />
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Violation. The failure of a structure, subdivision, use of l<strong>and</strong>, or other development to be fully<br />
compliant with the governing <strong>regulations</strong>.<br />
-W-<br />
Water Rights. A property owner’s right to use surface or underground water from adjacent<br />
l<strong>and</strong>s.<br />
Water Quality. Chemical, physical, <strong>and</strong> biological characteristics of water that determine<br />
suitability for a particular use.<br />
Watercourse. Any stream, river, <strong>creek</strong>, ditch, channel, canal, conduit, culvert, drain, waterway,<br />
gully, ravine, or wash in which some or all of the water is naturally occurring, such as<br />
runoff <strong>and</strong> springs, <strong>and</strong> which water flows in a definite direction or course, either<br />
continuously or intermittently, <strong>and</strong> has a definite channel, bed, <strong>and</strong> banks <strong>and</strong> includes<br />
any area adjacent thereto subject to inundation by reason of overflow or floodwater.<br />
Wetl<strong>and</strong>s. An area that is inundated or saturated by surface water or groundwater at a frequency<br />
<strong>and</strong> duration sufficient to support, <strong>and</strong> that under normal circumstances does support, a<br />
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetl<strong>and</strong>s<br />
are characterized by hydric soil, the presence of hydrology (st<strong>and</strong>ing water <strong>and</strong>/or<br />
saturated soil within 12 inches of the surface), <strong>and</strong> hydrophytic vegetation that support<br />
wetl<strong>and</strong> functions <strong>and</strong> values.<br />
Wireless Facility. An unstaffed facility for the transmission or reception of radio frequency<br />
(RF), microwave, or other signals for commercial communications purposes, typically<br />
consisting of an equipment enclosure, an antenna support structure, <strong>and</strong> one or more<br />
antennae. It excludes amateur radios, Essential Services (Type I), satellite earth stations,<br />
<strong>and</strong> private receive-only antennae, such as for the reception of television signals.<br />
Worship, Places of. A structure, or group of structures, that by design <strong>and</strong> construction are<br />
primarily intended for conducting organized religious services <strong>and</strong> associated uses. May<br />
be referred to as a church, synagogue, temple, mosque, or other name as the facility that<br />
is used for prayer by persons of similar belief.<br />
-Y-<br />
Yard. Area suitable for recreation, gardens, green belts or household service activities, located<br />
on the same lot with a building, <strong>and</strong> which is open to the sky, free of undue hazard <strong>and</strong><br />
readily accessible to the occupants of the building.<br />
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Yard, Required. The open space between a lot line <strong>and</strong> the yard line within which no structure<br />
shall be located except as provided in the <strong>zoning</strong> regulation.<br />
-Z-<br />
Zone. A specifically delineated area or <strong>district</strong> within which uniform <strong>regulations</strong>, requirements,<br />
<strong>and</strong> st<strong>and</strong>ards govern the use, placement, spacing, <strong>and</strong> size of l<strong>and</strong> <strong>and</strong> structures.<br />
Zoning. The delineation of <strong>district</strong>s <strong>and</strong> the establishment of <strong>regulations</strong> governing the use,<br />
placement, spacing, <strong>and</strong> size of l<strong>and</strong> <strong>and</strong> structures.<br />
Zoning Enforcement Agent. The duly authorized agent appointed by the <strong>County</strong> Commission<br />
for the purpose of administering <strong>and</strong> enforcing these Regulations.<br />
Zoning Map. The <strong>map</strong> or <strong>map</strong>s that are a part of the <strong>zoning</strong> <strong>regulations</strong> <strong>and</strong> delineate the<br />
boundaries of the zone <strong>district</strong>s.<br />
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7.00 MAP<br />
Reese Creek Zoning District Regulations <strong>and</strong> Map 86<br />
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APPENDIX A – FIRE PROTECTION GUIDELINES<br />
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RECOMMENDATIONS TO MITIGATE WILDFIRE DANGER<br />
Can You Go It Alone For Three Days?<br />
The first 72 hours after a major emergency or disaster are critical. Electricity, gas, water <strong>and</strong><br />
telephones may not be working. In addition public safety services such as police <strong>and</strong> fire departments<br />
will be busy h<strong>and</strong>ling serious crises. You should be prepared to be self sufficient – able to live<br />
without running water, electricity <strong>and</strong>/or gas, <strong>and</strong> telephones – for at least three days following a<br />
major emergency. To do so, keep on h<strong>and</strong> in a central location the following.<br />
ESSENTIALS SANITATION<br />
SUPPLIES<br />
Water – 1 gallon per person per day (a week’s supply of water is<br />
preferable)<br />
Large plastic trash bags for<br />
waste, tarps <strong>and</strong> rain<br />
ponchos<br />
Water purification kit Large trash cans<br />
First aid kit, freshly stocked Bar soap <strong>and</strong> liquid<br />
detergent<br />
First aid book Shampoo<br />
Food Toothpaste <strong>and</strong> brushes<br />
Can opener (non-electric) Feminine hygiene supplies<br />
Blankets or sleeping bags Toilet paper<br />
Portable radio, flashlight <strong>and</strong> spare batteries Household bleach<br />
Essential medications<br />
Extra pair of eyeglasses<br />
Extra pair of house <strong>and</strong> car keys<br />
Fire extinguisher – A-B-C type<br />
Food, water <strong>and</strong> restraint (Leash or carrier for pets)<br />
Cash <strong>and</strong> change<br />
Baby supplies, formula, bottle, pacifier, soap <strong>and</strong> baby powder,<br />
clothing, blankets, baby wipes, disposable diapers, canned food <strong>and</strong><br />
juices if applicable<br />
SAFETY AND COMFORT COOKING<br />
Sturdy shoes<br />
C<strong>and</strong>les <strong>and</strong> matches<br />
Change of Clothing<br />
Garden hose for siphoning <strong>and</strong> firefighting<br />
Communication kit: paper, pens, stamps<br />
Heavy gloves for clearing debris<br />
Light Sticks<br />
Knife or razor blades<br />
Tent<br />
Plastic knives, forks, spoons<br />
Paper plates<br />
Paper towels<br />
Heavy duty aluminum foil<br />
Camping stove for outdoor cooking<br />
(caution before using fire indoors)<br />
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TOOLS AND SUPPLIES<br />
Axe, shovel, broom Adjustable wrench for turning off gas<br />
Tool kit including a screwdriver, pliers <strong>and</strong> a hammer Coil of one half (1/2) inch rope<br />
Plastic tape, staple gun <strong>and</strong> sheeting for window replacement Bicycle<br />
Area <strong>map</strong><br />
USEFUL WEB LINKS<br />
Additional emergency preparedness information can be found at the following addresses:<br />
The U.S. DEPARTMENT OF HOMELAND SECURITY (www. ready.gov)<br />
AMERICAN RED CROSS: (www.redcross.org/services/disaster/be prepared)<br />
FEDERAL EMERGENCY MANAGEMENT AGENCY<br />
(HTTP://WWW.FEMA.GOV/LIBRARY/PREPANDPRE.SHM<br />
FIRE RESISTANT PLANTS FOR MONTANA LANDSCAPES<br />
Groundcover <strong>and</strong> Herbaceous Plants Trees SHRUBS<br />
Alfalfa Bergenia<br />
Blanket Flower<br />
Penstemon Pinks White Alder Antelope Brush<br />
Kentucky Bluegrass Poppy, California<br />
Poppy<br />
Ash, Green Ash Buckthorn<br />
Buffalo grass Potentilla Quaking Aspen Buffaloberry, Russett,<br />
Silver<br />
Evergreen C<strong>and</strong>ytuft Primrose, Mexican Birch Cherry, S<strong>and</strong>, Naking<br />
Carpet Bugle<br />
Evening Primrose<br />
Spring Cinquefoil Red hot Poker Ryegrass Cottonwood,<br />
Chokecherry<br />
Columbine Coral<br />
Narrowleaf<br />
Bells Coreopsis Pussytoes Cottonwood Shrubby Cinquefoil<br />
Cotomeaster, Rock,<br />
Bearberry<br />
Sage Hackberry Deerbrush (Buckbrush)<br />
Shasta Daisy Daylily Goldmoss Sedum<br />
Silver<br />
Black Locust Red osier Dogwood<br />
Drosanthemum Spreader Snow in Maple, Big tooth, Gooseberry <strong>and</strong><br />
Summer<br />
Boxelder, Rocky<br />
Mountain Maple<br />
Currants<br />
Dusty Miller Stonecap, Green<br />
Stonecap<br />
Russian Olive Honeysuckle<br />
Fescue, Blue, Tall,<br />
Creeping Red Rax<br />
Wild Strawberry Poplar Common Lilac<br />
Fleabane Four o'clock Sunrose Prunus Mountain Mahogany<br />
Geranium, Hardy, Common Thrift Mockorange<br />
Bloodred Wild Ginger Wooly Thyme, Native Plum<br />
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Hen <strong>and</strong> Chicks Iris<br />
Creeping Thyme<br />
Valerian Pyracantha<br />
Kinnickinnick Canadian Violet Raspberry<br />
Lambs Ear Virginia Creeper Rose (most members of<br />
this family)<br />
Lavender Western Wheatgrass Saltbush<br />
Lupine Crested Wheatgrass<br />
(Low growing)<br />
Sumac, Skunkbush<br />
Creeping Mahonia<br />
Mock<br />
Winterfat<br />
Strawberry Mountain Yarrow, White,<br />
Spray<br />
Femleaf, Wooly<br />
Dwarf Periwinkle<br />
Myrtle Orchard<br />
Grass Rocky Mountain<br />
Yucca<br />
FIREWISE CHECKLIST<br />
Display your name <strong>and</strong> house number in front of your property to assist firefighters <strong>and</strong> other<br />
emergency personnel in locating your home.<br />
Have smoke detectors in working order installed in the home with at least one located in or<br />
near sleeping areas. Check regularly to maintain good working order.<br />
Determine the amount of defensible space necessary. Keep in mind property boundaries <strong>and</strong><br />
the ownership of adjacent properties. Consider the impact of slope percent (uphill, sides <strong>and</strong><br />
downhill). Evaluate the area surrounding the home in terms of defensible space <strong>and</strong> identify<br />
areas for correction. Develop a plan for correcting the problems, coordinate with adjacent<br />
l<strong>and</strong>owners if necessary.<br />
To make a good fire defense of a home a defendable area of thirty (30) feet from all sides of<br />
a home should be considered. This will allow fire vehicles access to the home <strong>and</strong> will cut<br />
down on materials that will be fuel for a fire.<br />
Make periodic inspections of your home looking for deterioration such as breaks <strong>and</strong> spaces<br />
between tiles, warping wood or cracks <strong>and</strong> crevices in the structure. Any of these allow<br />
embers to find a ignition point on a structure.<br />
Periodically inspect your property, clearing dead wood <strong>and</strong> dense vegetation at a distance of<br />
at least thirty (30) feet from your house. Move firewood away from the house or attachments<br />
like fences or decks.<br />
In the case of a fire, first call for help. Close all entrances, windows <strong>and</strong> other openings. This<br />
includes doors, garage doors, windows, vents, shutters, <strong>and</strong> heavy drapes, Venetian blinds or<br />
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other window coverings. This action is to prevent sparks from blowing into the home. Have<br />
tools (shovel, rake, etc) <strong>and</strong> water available. Fill buckets <strong>and</strong> other bulk containers (Bathtubs,<br />
sinks) with water. PROTECT YOURSELF. Wear cotton/wool clothing including long pants,<br />
a long sleeved shirt, boots, gloves <strong>and</strong> a scarf to protect your face. TURN OFF<br />
RESIDENTIAL FUEL. If you use propane turn it off at the tank. WET DOWN YOUR<br />
ROOF. If your roof is combustible wet it down with a hose, place the ladder on the side<br />
opposite the fire. PREPARE AUTOMOBILES FOR EVACUATION. Back as many autos as<br />
possible into the garage. Close the garage door. Close the garage door after you as you<br />
evacuate. If this is not possible park autos so they are heading in the direction of the<br />
evacuation route. If possible TAKE PETS.<br />
SAFE EVACUATION. Be aware of escape routes that will allow for safe evacuation from<br />
the area <strong>and</strong> will keep the routes open for the necessary emergency vehicles trying to protect<br />
the property. Make sure that your driveway <strong>and</strong> any bridges or culverts are the recommended<br />
width, strength <strong>and</strong> length to accommodate the width <strong>and</strong> the weight of emergency vehicles<br />
<strong>and</strong> that it will allow for such vehicles to turn around <strong>and</strong> pass if necessary.<br />
Within five (5) feet of structures:<br />
Maintain an area of non-combustible material within 5 feet of structures- flowers, plants,<br />
concrete, gravel, mineral soil, etc. If native vegetation is properly modified, a wildfire can be<br />
slowed down, the length of flames shortened, <strong>and</strong> the amount of heat reduced, all of which<br />
contribute to a home surviving a fire. Supplemental irrigation is especially important to keep<br />
plants green in this area.<br />
Within Five (5) to ten (10) feet of Structures:<br />
(Increase distance below structure if slope is greater than 10%):<br />
Slope affects the size of defensible space. Homes near steep slopes will need to clear<br />
additional vegetation to mitigate the effects of radiant <strong>and</strong> convective heat currents <strong>and</strong> flame<br />
lengths. The downward distance is particularly important because slopes will increase flame<br />
length.<br />
The area between five (5) feet <strong>and</strong> thirty (30) feet from the home provides the critical area for<br />
firefighting efforts. Fuel reduction is important here in the terms of reduced volume <strong>and</strong><br />
density.<br />
Maintain surface vegetation at Three (3) inches or less in height.<br />
Remove all downed trees, bush, limbs,<br />
etc.. Prune bushes <strong>and</strong> shrubs regularly. Remove excess growth as well as dead leaves <strong>and</strong><br />
branches to decrease their flammability, <strong>and</strong> the threat they could pose as a ladder fuel during<br />
a wild l<strong>and</strong> fire.<br />
From ten (10) to Thirty (30) feet of Structure (increase distance below structure if slope is<br />
greater than 10%):<br />
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Slope affects the size if defensible space. Homes near steep slopes will need to clear<br />
additional vegetation to mitigate the effects of radiant <strong>and</strong> convective heat currents <strong>and</strong> flame<br />
lengths. The downward distance is particularly important because slopes will increase flame<br />
lengths.<br />
Thin trees to ten (10) feet between crowns.<br />
Prune limbs of remaining trees to ten (10) to fifteen (15) feet in height from the ground or<br />
one-third (1/3) of total live crown, which ever is less. This is to prevent fire burning through<br />
tall grass from igniting these limbs <strong>and</strong> climbing to the top of the trees with relative ease.<br />
Remove all downed trees, brush, limbs etc.<br />
Thirty (30) feet from structure <strong>and</strong> Beyond.<br />
Effective fuel reduction in this area includes selective pruning <strong>and</strong> thinning trees <strong>and</strong> limiting<br />
dead trees (Snags) to two (2) per acre. It is also important to make sure that these dead trees<br />
cannot fall onto the home or block access roads or driveways.<br />
Thin trees to ten (10) to fifteen (15) feet between crowns.<br />
Prune limbs on remaining trees to Fifteen (15) feet above the ground.<br />
OTHER FIRE SAFE PRACTICES:<br />
Give your home added protection with “fuel breaks” such as driveways, gravel, stone, tile, or<br />
cement walkways <strong>and</strong> green lawns.<br />
Mow lawns regularly. Remove tall dry grasses. Tall dry grasses provide a path for fire that<br />
can lead directly to a home or into trees.<br />
Clear or reduce vegetation from alongside your driveway or road edge, <strong>and</strong> make sure your<br />
driveway is wide enough <strong>and</strong> adequate for fire trucks to turn around.<br />
Have the power company cut overhanging branches away from the power lines.<br />
Dispose of all slash <strong>and</strong> flammable debris from your property. If you intend to burn, follow<br />
all applicable open burning <strong>regulations</strong> <strong>and</strong> requirements<br />
(Possess a burn permit; call it in, no burning after sundown, no open burning before March 1<br />
or after November 30 for <strong>Gallatin</strong> <strong>County</strong> residences. For this area the Burn permits can be<br />
obtained from Central Valley Fire in Belgrade or from a community member (S<strong>and</strong>y Maher)<br />
who sells them for the department <strong>and</strong> the cost is $15.00 a year).<br />
Clean the roof <strong>and</strong> gutter of needles, leaves, branches <strong>and</strong> other combustible debris. During a<br />
wild l<strong>and</strong> fire, leaves on the roof <strong>and</strong>/or in the gutter could be ignited by flying embers.<br />
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Provide a fifteen (15) foot clearance between your chimney <strong>and</strong> the nearest branches.<br />
Makes sure your chimney extends three (3) feet above the roof <strong>and</strong> is capped with an<br />
approved spark arrester.<br />
Your roof should be of a fire resistance material. A wood shake roof should be treated with<br />
UL approved fire retardant chemical or replaced.<br />
Enclose open spaces beneath features such as decks, balconies, <strong>and</strong> stilts to prevent<br />
combustible materials <strong>and</strong> debris from accumulating <strong>and</strong> hot embers from getting in.<br />
Screening no larger than one-eighth (1/8) inch is recommended.<br />
Locate the propane tank at least twenty (20) feet from the structure <strong>and</strong> within a ten (10) foot<br />
clearing.<br />
Stack your firewood at least one hundred (100) feet from the house <strong>and</strong> always on the uphill<br />
side.<br />
Ensure that your water supply is usable during a fire emergency, if possible. Keep garden<br />
hoses readily available. If you have a generator make sure it is in good working condition.<br />
Check hoses regularly for leaks <strong>and</strong> deterioration.<br />
Keep storage areas clean. Do not allow oily rags, flammable chemicals or newspapers to<br />
accumulate.<br />
Makes sure your motorized garden equipment (such as lawnmowers <strong>and</strong> chainsaws) has<br />
approved <strong>and</strong> functioning sparks arresters. Maintain it on a regular basis <strong>and</strong> use caution<br />
when refueling.<br />
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APPENDIX B<br />
ORDINANCE NO. 2004-017<br />
ORDINANCE TO CONTROL COMMUNITY DECAY<br />
INDEX<br />
SECTION 1. DEFINITIONS ....................................................................................................2<br />
SECTION 2. PURPOSE AND GOVERNING BODY.............................................................3<br />
SECTION 3. PROHIBITIONS .................................................................................................3<br />
SECTION 5. CORRECTIVE ACTION....................................................................................4<br />
SECTION 6. APPEAL PROCESS ...........................................................................................5<br />
SECTION 7. ENFORCEMENT AND PENALTIES ...............................................................5<br />
SECTION 8. JURISDICTION..................................................................................................6<br />
SECTION 9. EFFECTIVE DATE ...........................................................................................6<br />
SECTION 10. COMPATIBILITY.............................................................................................6<br />
SECTION 11. SEVERABILITY ..............................................................................................6<br />
----------------------------------------------------------------------------------------------------------------<br />
WHEREAS, Mont. Code Ann. § 7-5-2110 <strong>and</strong> § 7-5-2111 authorize the <strong>Gallatin</strong><br />
<strong>County</strong> Commissioners to enact an ordinance to control community decay; <strong>and</strong><br />
WHEREAS, the <strong>Gallatin</strong> <strong>County</strong> Commissioners adopted an Ordinance to Control<br />
Community Decay, Ordinance Number 93-01 on March 16, 1993; <strong>and</strong><br />
WHEREAS, in May 2003 the <strong>Gallatin</strong> <strong>County</strong> Code Compliance Specialist proposed<br />
anew community decay ordinance that would clarify the definition of community decay,<br />
provide<br />
reasonable remedies for resolving violations, <strong>and</strong> add the Compliance Department as lead<br />
Department for administering the Ordinance; <strong>and</strong><br />
WHEREAS, the <strong>Gallatin</strong> <strong>County</strong> Commissioners have determined that there is a<br />
continued need for an ordinance to control community decay in <strong>Gallatin</strong> <strong>County</strong>, Montana,<br />
<strong>and</strong> desire to<br />
enact a new comprehensive ordinance; <strong>and</strong><br />
WHEREAS, the <strong>Gallatin</strong> <strong>County</strong> Commissioners desire to rescind <strong>and</strong> replace<br />
Ordinance Number 93-01 <strong>and</strong> adopt the following as a new Ordinance.<br />
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS<br />
OF GALLATIN COUNTY, STATE OF MONTANA THAT THE FOLLOWING SHALL<br />
BE THE ORDINANCE TO CONTROL COMMUNITY DECAY:<br />
SECTION 1. DEFINITIONS<br />
In this Ordinance the following terms have the meanings indicated below:<br />
(1) "Accumulate" means to store, gather; collect; heap; or pile up.<br />
(2) "Agriculture" means the art or science of cultivating the ground, including<br />
harvesting of crops <strong>and</strong> rearing <strong>and</strong> management of livestock; tillage; husb<strong>and</strong>ry;<br />
farming; horticulture; <strong>and</strong> forestry; the science <strong>and</strong> art of the production of plants<br />
<strong>and</strong> animals useful to man.<br />
(3) "Community decay" means a public nuisance created by allowing rubble, debris,<br />
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junk or refuse to accumulate resulting in conditions that are injurious to health,<br />
indecent, offensive to the senses or which obstruct the free use of property so as to<br />
interfere with the comfortable enjoyment of life or property. It must affect more<br />
than one person <strong>and</strong>/or establishment.<br />
Community decay does not include:<br />
a) Normal farming, ranching or other agricultural operations, or apply to a farm,<br />
ranch, or other agricultural facility, or any appurtenances, thereof, during the<br />
course of its normal operation;<br />
b) Normal activities at a shooting range;<br />
c) Persons servicing, manufacturing or processing materials, goods or products<br />
on lots in public view, so long as the materials used in the normal operation of<br />
the business are neatly stacked or piled;<br />
d) Normal residential maintenance or l<strong>and</strong>scaping;<br />
(4) “Department” means the <strong>Gallatin</strong> <strong>County</strong> office that will respond to Community<br />
Decay complaints including the Compliance, Planning, <strong>and</strong> City-<strong>County</strong> Health<br />
Departments, or any other office designated by the <strong>Gallatin</strong> <strong>County</strong> Commission.<br />
(5) “Governing Body” means <strong>Gallatin</strong> <strong>County</strong> Commission.<br />
(6) “Nuisance” means anything which is injurious to health, indecent or offensive to<br />
the senses, or an obstruction to the free use of property, so as to interfere with the<br />
comfortable enjoyment of life or property, or which unlawfully obstructs the free<br />
passage or use, in the customary manner, of any navigable lake, river, bay, stream,<br />
canal or basin or any public park, square, street, or highway.<br />
A nuisance does not include anything which is done or maintained under authority<br />
of a statute, nor does it include the normal operations of an agricultural or farming<br />
operation that have been in operation longer than the complaining residents <strong>and</strong>/or<br />
establishments. (§ 27-30-101, MCA)<br />
(7) "Person" means an individual, firm, partnership, company association,<br />
corporation, city, town or any other entity whether organized for profit or not.<br />
(8) "Public nuisance" means a nuisance, which affects, at the same time, an entire<br />
community or neighborhood or any considerable number of persons, although the<br />
extent of the annoyance or damage inflicted upon individuals may be unequal.<br />
(§ 27-30-102, MCA)<br />
(9) "Public view" means any area visible from a point up to six feet above the surface<br />
of the center of a public roadway as defined in § 60-1103(22), MCA.<br />
(10) "Shielding" refers to fencing or other manmade barriers to conceal community<br />
decay from public view. It also refers to natural barriers. Any shielding barrier<br />
must conform to all local <strong>zoning</strong>, planning, building <strong>and</strong> protective covenant<br />
provisions. Any shielding is to be of sufficient height so that none of the<br />
violations on the premises is visible to public view. This is not intended to<br />
require that permanent buildings, other structures, utility poles or any farm<br />
buildings, ranch buildings, or other agricultural facilities or appurtenances are to<br />
be included in this <strong>and</strong> be shielded.<br />
SECTION 2. PURPOSE AND GOVERNING BODY<br />
A. Pursuant to § 7-5-2111, MCA, the purpose of this Ordinance is to regulate, control, <strong>and</strong><br />
prohibit conditions that contribute to community decay on or adjacent to all public<br />
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oadways within <strong>Gallatin</strong> <strong>County</strong>.<br />
B. The governing body to administer this Ordinance is the <strong>Gallatin</strong> <strong>County</strong> Commission<br />
through its designated department.<br />
SECTION 3. PROHIBITIONS<br />
It shall be a violation of this Ordinance to own or maintain any public nuisance that<br />
results in community decay visible from a public roadway.<br />
No person shall accumulate rubble, debris, or refuse that, upon investigation, is deemed<br />
to be a public nuisance as defined by this Ordinance. Material that may constitute<br />
community decay includes, but is not limited to, bricks, concrete, wood, cardboard, paper,<br />
pallets, tires, dead animals/animal parts, dirt, demolition waste, junk vehicles, wrecked<br />
trailers, iron, metal, machine parts, appliances, <strong>and</strong> barrels.<br />
SECTION 4. SHIELDING<br />
The maintenance of materials that would be considered a public nuisance under this<br />
ordinance shall be lawful if such materials are shielded from public view in accordance<br />
with the following st<strong>and</strong>ards.<br />
(1) All plans for shielding shall be approved by <strong>Gallatin</strong> <strong>County</strong> prior to commencing<br />
construction of shielding.<br />
(2) When fences are used for shielding, the boards may be spaced <strong>and</strong>/or slanted to<br />
reduce wind load. The space between boards when viewed from a broad-side may<br />
not be more than 1½ inches wide. Chain link fences with st<strong>and</strong>ard fiberglass or<br />
similar inserts are acceptable, provided the gap between adjacent inserts does not<br />
exceed 1½ inches.<br />
(3) No more than one of the approved shielding materials shall be used on any one<br />
side of a shielding fence.<br />
(4) The fencing is to be maintained by the property owner or occupant in a neat <strong>and</strong><br />
workmanlike manner <strong>and</strong> shall be replaced <strong>and</strong>/or repaired when necessary.<br />
(5) Screening with trees <strong>and</strong> shrubs must provide a similar degree of shielding at all<br />
times of the year. Trees <strong>and</strong> shrubs may best be used in conjunction with other<br />
shielding materials. A berm may also be used, provided the slopes of the berm are<br />
covered <strong>and</strong> graded smooth, with not less than three inches of top soil, <strong>and</strong> seeded<br />
with a weed free seed mix.<br />
(6) Any shielding must conform to all local <strong>zoning</strong>, planning, building code <strong>and</strong><br />
protective covenant provisions applicable to the property <strong>and</strong> shall be sufficient<br />
height that none of the nuisance materials on the premises is visible to public<br />
view.<br />
(7) The material being shielded may not present a threat to public health <strong>and</strong> safety.<br />
SECTION 5. CORRECTIVE ACTION<br />
A. Upon its own initiative, or within thirty (30) days of receiving a completed complaint<br />
form (signed by 2 or more people) that a condition of community decay exists, the<br />
<strong>County</strong> shall inspect the subject property to determine whether there is a violation of this<br />
ordinance. Complaint forms are available at the <strong>Gallatin</strong> <strong>County</strong> Compliance Department.<br />
B. If it is determined that this ordinance has been violated, the <strong>County</strong> shall notify the<br />
owner, manager or lessee of the property, or other responsible party in writing of the<br />
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violation by certified mail, return receipt, <strong>and</strong> order corrective action, or submission of a<br />
corrective action plan within thirty (30) days of their receipt of the letter. The notice of<br />
violation shall:<br />
(1) Include a statement specifically describing the violation.<br />
(2) Specify that the owner, manager, or lessee, or other responsible party has thirty<br />
(30) days from receipt of such notice to bring the property into compliance, or to<br />
submit a corrective action plan that will comply with this Ordinance.<br />
(3) Advise the owner, manager, or lessee, or other responsible party that if the<br />
violation is not resolved, the <strong>County</strong> may undertake corrective action, <strong>and</strong> assess<br />
the costs to the owner.<br />
C. Upon receipt of a notice of violation, the owner, manager or lessee, or other responsible<br />
party, may submit a corrective action plan to <strong>Gallatin</strong> <strong>County</strong>, which shall include:<br />
(1) A complete description of the corrective action to be undertaken.<br />
(2) The date for commencement of the corrective action.<br />
(3) The date for completion of the corrective action. An extension may be granted at<br />
the discretion of <strong>Gallatin</strong> <strong>County</strong>.<br />
D. The county may accept or reject the plan, accept the plan with modifications, or request<br />
additional information before making a final determination.<br />
E. The owner, manager or lessee, or other responsible party may appeal <strong>Gallatin</strong> <strong>County</strong>’s<br />
final decision according to the procedure set forth in Section 6.<br />
SECTION 6. APPEAL PROCESS<br />
A. An alleged violator may appeal a department’s decision in writing via certified mail to the<br />
<strong>Gallatin</strong> <strong>County</strong> Commission within ten (10) days of the department’s final decision<br />
regarding:<br />
(1) A determination that a community decay violation exists,<br />
(2) Rejection of a corrective action plan, or<br />
(3) The assessment of a fine for noncompliance.<br />
The Commission shall hold a hearing within forty-five (45) days from the date that the<br />
appeal was received. The Commission shall, in writing, affirm, modify or withdraw the<br />
department’s decision within thirty (30) days after the hearing. Once an appeal for a<br />
hearing has been made, the department’s decision shall be stayed until the Commission<br />
has held the hearing <strong>and</strong> affirmed, modified or withdrawn the determination of the<br />
department.<br />
If a violator fails to resolve a violation upon order from the Commission, the department<br />
shall be authorized to remedy the violation, <strong>and</strong> assess costs to the property owner,<br />
manager, or lessee. In the event that a violator does not appeal the department’s decision,<br />
<strong>and</strong> fails to resolve the violation, the department will bring the matter before the<br />
Commission for authorization to complete the corrective action, <strong>and</strong> assess costs to the<br />
property owner, manager, or lessee. If the assessment is not paid, it shall become a lien<br />
upon the property <strong>and</strong> may be enforced, as is non-payment of property taxes.<br />
B. A violator may appeal to the Eighteenth Judicial District Court from any final order or<br />
determination of the Commission.<br />
SECTION 7. ENFORCEMENT AND PENALTIES<br />
A. Criminal Penalty<br />
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A violation of this Ordinance, or plan approved under this Ordinance or order issued<br />
under this ordinance shall constitute a misdemeanor. A person convicted of a violation<br />
under this Section shall be fined not more than $500. Each day of violation shall<br />
constitute a separate offense <strong>and</strong> be punishable as such.<br />
B. Injunction<br />
Action under Section 5 of this Ordinance does not bar enforcement of this Ordinance or<br />
orders issued under it by injunction or other appropriate remedy.<br />
C. Fines<br />
(1.) The department may assess violators fines of up to $500 per day of violation for<br />
noncompliance. When determining a fine, the department shall consider the nature,<br />
circumstances, extent <strong>and</strong> gravity of the violation, any prior history of such violations,<br />
the degree of culpability, <strong>and</strong> such other matters as justice may require. In addition,<br />
the violator may be required to pay all costs <strong>and</strong> expenses involved in the case.<br />
(2.) An alleged violator may appeal the assessment of a fine to the <strong>County</strong> Commission as<br />
set forth in Section 6.<br />
SECTION 8. JURISDICTION<br />
This Ordinance applies to all of <strong>Gallatin</strong> <strong>County</strong>, except incorporated municipalities.<br />
SECTION 9. EFFECTIVE DATE<br />
This Ordinance shall be in full force <strong>and</strong> effect thirty (30) days after its final passage <strong>and</strong><br />
adoption by the <strong>Gallatin</strong> <strong>County</strong> Commissioners.<br />
SECTION 10. COMPATIBILITY<br />
Nothing in this Ordinance or § 7-5-2110, MCA, may be construed to abrogate or affect<br />
the provisions of any lawful ordinance, regulation or resolution that is more restrictive<br />
than the provisions of this section or § 7-5-2110, MCA.<br />
SECTION 11. SEVERABILITY<br />
If any provision of this Ordinance is held to be invalid, such invalidity shall not affect<br />
other provisions which can be given effect without the invalid provision. To this end, the<br />
provisions of this Ordinance are to be severable.<br />
The <strong>Gallatin</strong> <strong>County</strong> Clerk <strong>and</strong> Recorder shall post a copy of this ordinance <strong>and</strong> shall<br />
make copies available to the public upon 1st Reading <strong>and</strong> Approval of this ordinance.<br />
This ordinance shall take effect thirty (30) days after its 2nd Reading <strong>and</strong> Approval.<br />
1st Reading <strong>and</strong> Approval: August 24, 2004.<br />
GALLATIN COUNTY COMMISSION<br />
/s/ John Vincent_________________________________<br />
John Vincent, Chairman<br />
/s/ Bill Murdock_________________________________<br />
Bill Murdock, Member<br />
excused________________________________________<br />
Jennifer Smith Mitchell, Member<br />
ATTEST:<br />
_/s/ Shelley Vance____________________<br />
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Shelley Vance<br />
Clerk <strong>and</strong> Recorder<br />
2nd Reading <strong>and</strong> Approval: September 7, 2004.<br />
GALLATIN COUNTY COMMISSION<br />
/s/ John Vincent_________________________________<br />
John Vincent, Chairman<br />
Excused_______________________________________<br />
Bill Murdock, Member<br />
/s/ Jennifer Smith Mitchell_________________________<br />
Jennifer Smith Mitchell, Member<br />
ATTEST:<br />
/s/ Shelly Vance________________<br />
Shelley Vance<br />
Clerk <strong>and</strong> Recorder<br />
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APPENDIX C – PROPOSED REPLACEMENT SECTION 4.02<br />
Transfer of Development Rights (TDR) Option<br />
4.02.1 Intent. The intent of this section is to offer opportunities to transfer development rights<br />
within a given <strong>zoning</strong> <strong>district</strong> or between <strong>zoning</strong> <strong>district</strong>s. The purpose of the TDR<br />
program is to protect agricultural <strong>and</strong> environmentally sensitive l<strong>and</strong>s while offering<br />
l<strong>and</strong>owners flexibility in development options.<br />
4.02.2 Definition. Transfer of Development Rights or TDR is a market based technique<br />
that encourages the voluntary transfer of growth from places where a community<br />
would like to see less development (sending areas) to places where a community<br />
would like to see more development (receiving areas).<br />
4.02.3 Development Rights Defined. A development right is the right to construct a singlefamily<br />
dwelling unit on a parcel other than the parcel from which the density unit is<br />
being transferred. It restricts development in the sending areas <strong>and</strong> increases the<br />
density in the receiving areas.<br />
4.02.4 Authorized Development Rights Uses.<br />
1. RW-160 District. Parcels within the RW-160 District have one (1) principal<br />
development right for an allowable principal use <strong>and</strong> parcels of 160 acres (or<br />
qualified parcels) also qualify for three (3) additional development rights that may<br />
be used pursuant to Cluster Subdivision Provision (Section 4.01) for a combined<br />
possibility of four (4) development rights that may be used onsite. The principal <strong>and</strong><br />
additional development rights may be transferred to a designated receiving area<br />
within <strong>Gallatin</strong> <strong>County</strong>, pursuant to the provisions of this Section.<br />
As a means to preserve the wildlife corridor along the base of the Bridger Mountain<br />
Range <strong>and</strong> increases the option for continuing agriculture <strong>and</strong> to transfer<br />
development to areas more appropriate for increased density, the property owner of<br />
a 160-acre parcel (or qualified) may transfer development rights to an approved<br />
receiving area within <strong>Gallatin</strong> <strong>County</strong>; <strong>and</strong> as an incentive for transferring<br />
development, each development right (principal <strong>and</strong> additional) transferred out of<br />
the area is equal to two (2) development rights. Therefore, a development right used<br />
onsite is valued at one (1) development right, but if the development right is<br />
transferred to a designated receiving area within <strong>Gallatin</strong> <strong>County</strong> it has a value of<br />
two (2) development rights. The increases value of development rights only applies<br />
to the development rights transferred. Other combinations exist.<br />
An example of using a combination of development rights: A 160-acre parcel with a<br />
single family dwelling (principal development right) may choose to create a two- (2)<br />
lot subdivision pursuant to Cluster Subdivision Provision (Section 4.01), <strong>and</strong> may<br />
then transfer the one (1) additional development right remaining to a designated<br />
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eceiving area within <strong>Gallatin</strong> <strong>County</strong> at a value of two (2) development rights<br />
because it is transferred out of the area.<br />
2. AR-80 District. Parcels within the AR-80 have one (1) principal development right<br />
for an allowable principal use <strong>and</strong> parcels of 80 acres (or qualified parcels) also<br />
qualify for one (1) additional development right that may be used pursuant to the<br />
Cluster Subdivision Provision (Section 4.01) onsite, or the additional development<br />
right may be transferred to an approved designated receiving area within <strong>Gallatin</strong><br />
<strong>County</strong>.<br />
As a means to increases the option for continuing agriculture <strong>and</strong> to transfer<br />
development to areas more appropriate for increased density, the property owner of<br />
an 80-acre parcel (or qualified) may transfer development rights to an approved<br />
designated receiving area within <strong>Gallatin</strong> <strong>County</strong>. Each development right<br />
(principal <strong>and</strong> additional) is equal to one (1) development right each.<br />
An example of using a combination of development rights: A 80-acre parcel with a<br />
single family dwelling (principal development right) may choose to create one (1)<br />
additional lot pursuant to the Cluster Subdivision Provision (Section 4.01); or<br />
transfer the one (1) additional development right to a designated receiving area.<br />
Other combinations exist.<br />
4.02.5 Number of Development Rights Which May Be Transferred.<br />
1. RW-160 District: A 160 acre-parcel (or qualified parcel) has up to four (4)<br />
development rights to use onsite or up to eight (8) development rights that may be<br />
transferred to an approved designated receiving area within <strong>Gallatin</strong> <strong>County</strong>. Using<br />
only one (1) development right or any authorized combination (onsite or<br />
transferred) is allowed.<br />
2. AR-80 District: An 80 acre-parcel (or qualified parcel) has up to two (2)<br />
development rights (principal <strong>and</strong> one additional) that may to transferred to an<br />
approved designated receiving area within <strong>Gallatin</strong> <strong>County</strong>. Using only one (1)<br />
development right or any authorized combination (onsite or transferred) is allowed.<br />
4.02.6 Sending Areas. Parcels within the AR-80 District <strong>and</strong> RW-160 District.<br />
4.02.7 Receiving Areas. Any approved receiving area within <strong>Gallatin</strong> <strong>County</strong>, which may have<br />
been designated a receiving area prior or subsequent to the adoption of these<br />
Regulations.<br />
4.02.8 Mechanism for Transferring Development Right.<br />
A property owner may transfer a development right after securing a Conditional Use<br />
Permit as specified in Section 5.04. The development right(s) transferred shall be<br />
recorded on the Deed of the sending area parcel. It shall indicate the number of<br />
development rights transferred, the number remaining on the parcel, <strong>and</strong> the designated<br />
receiving area in receipt of the development rights.<br />
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4.02.9 Future Exp<strong>and</strong>ed TDR Programs.<br />
At adoption of these Regulations there is not a countywide Transfer of Development<br />
(TDR) Program in <strong>Gallatin</strong> <strong>County</strong>. If in the future the <strong>County</strong> Commission approves a<br />
countywide or inter-<strong>district</strong> TDR program, Reese Creek Zoning District will<br />
automatically qualify for participation. The mechanism <strong>and</strong> all other requirements of<br />
the TDR provisions of these Regulations shall apply to Reese Creek Zoning District.<br />
4.02.10 Recording of Transfer of Development Rights.<br />
Transfer of development rights shall become effective after the transferring l<strong>and</strong>owner<br />
has recorded with the Clerk <strong>and</strong> Recorder of <strong>Gallatin</strong> <strong>County</strong> <strong>and</strong> the <strong>Gallatin</strong> <strong>County</strong><br />
TDR Coordinator or Zone Enforcement Agent, a document identifying the sending tract<br />
of record <strong>and</strong> indicating the number of development rights transferred <strong>and</strong> the number of<br />
any development rights remaining on the sending-area tract of record.<br />
4.02.11 District Record.<br />
A current record of development rights <strong>and</strong> record of all transfers of development<br />
rights shall be maintained by the <strong>Gallatin</strong> <strong>County</strong> TDR Coordinator or Zone<br />
Enforcement Agent <strong>and</strong> stored in the Planning Department.<br />
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