TABLE OF CONTENTS
1.1 This Regulation shall be known as the "Bridger Canyon Zoning Regulation: and is adopted for the Bridger Canyon Zoning District. Said district having been created by resolution of the Board of County Commissioners, Gallatin County, Montana, July 12, 1971.
1.2 Pursuant to Section 76-2-101 et.seq. of the Revised Codes of Montana there is hereby adopted a development pattern. Said development pattern shall consist of the Bridger Canyon General Plan and the Bridger Canyon Zoning Regulation.
1.3 Pursuant to Section 76-2-101 et.seq. of the Revised Codes of Montana there has been created a Planning and Zoning Commission for the Bridger Canyon Zoning District which shall consist of the three (3) County Commissioners, the County Surveyor, and the County Assessor.
1.3.1 The Bridger Canyon Planning and Zoning Commission shall have all the powers compelled upon it by the laws of the State of Montana and by this Regulation.
2.1 Purposes: To promote health, safety, and general welfare and to:
a. prevent overcrowding;
b. avoid undue population concentration;
c. conserve property values commensurate with use;
d. to preserve fish and wildlife habitat;
e. to prevent soil erosion;
f. to preserve the scenic resources;
g. to ensure high water quality standards;
h. to protect agriculture lands from the effects of urban encroachment;
i. to promote business, residences, tourism and recreational uses but not to the point that they destroy the character of the area of threaten water quality, traffic, or fire safety;
j. to encourage innovations in residential developments so that growing demands for housing may be met by greater variety in type, design and layout of tracts and by conservation and more efficient use of open space ancillary to said housing;
k. to provide adequate open space, light, and air;
l. to carry out the master or comprehensive plan for the Bridger Canyon Zoning District.
m. to prevent the spread of noxious weeds.
2.2 Bridger Canyon Zoning District is described in zones as set forth on that certain map entitled "Bridger Canyon Zoning Plan," dated October 26, 1971, and including subsequent revisions. The map and all notations thereon are certified boundaries of zones adopted by this Regulation shall be indicated on said map.
2.3 The Bridger Canyon Zoning map shall be kept on file in the office of the County Clerk and Recorder and shall be referred to as the official map for the Bridger Canyon Zoning District.
3.1 Accessory Building or Use: A building or use which: (1) is subordinate in area, extent or purpose to the principal building or principal use served; (2) contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use.
3.2 Agriculture: Art or science of cultivating the ground, including harvesting of crop and rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry; the science and art of the production of plants and animals useful to man.
3.3 Airport: A place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs, or take in fuel.
3.4 Apartment House: Any building or portion thereof containing three or more apartments or dwelling units.
3.5 Bed and Breakfast Inn: An establishment which provides overnight lodging to the public for compensation; caters to the traveling public; is located in the proprietor's residence; and serves only a limited breakfast to registered guests.
3.6 Building: Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
3.7 Building Height: The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of a mansard roof and the mean height between eaves and ridge for gable, hip, and gambrel roofs.
3.8 Building, Principal: A structure in which is conducted the main use of a lot on which the structure is located.
3.9 Building Site: A parcel of land occupied or intended to be occupied by uses and buildings permitted herein and which includes such size, dimension, open space, and parking as are required in the Zoning District in which such site is located; and which site abuts a County road or State Highway or which abuts a private road conforming to standards approved by the Planning Commission.
3.10 Business, Retail: The retail sale of any article, substance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods.
3.11 Campgrounds: Land or premises which is used or intended to be used, let, or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters.
3.12 Caretaker's Residence: Dwelling unit for a person that takes care of the house or land of an owner who may be absent.
3.13 Club, Private hunting or fishing: A facility for an organization of persons whose special purpose is hunting or fishing. Such facility shall be open only to members and not to the general public.
3.14 Commercial Feed Lot: Shall mean any premises on which livestock are held or maintained for the purpose of feeding and fattening for market and where sixty percent (60%) or more of the feed for such livestock is imported or purchased.
3.15 Conditional Use: Uses, other than permitted uses, that may be allowed in a specific zoning category, but which require a public hearing by the governing body to consider additional safeguards to maintain and assure the health, safety, and general welfare of the community and to maintain the character of the Bridger Canyon Zoning District.
3.16 Condominium: The ownership of single units with common elements.
3.17 Dwelling Group: A group of two or more detached or semi-detached one family, duplexes, or multiple family dwellings occupying a parcel of land in one ownership and having any yard or court in common.
3.18 Dwelling Unit: A group of inter-related rooms having living, sleeping, cooking, and complete sanitary facilities.
3.19 Employee Housing: An efficiency or studio residential unit which is located in the Bridger Bowl Base Area, is restricted by covenant for use by persons employed in the Base Area and their families, and has living sleeping, cooking and sanitary facilities.
3.20 Employee Unit: An employee unit shall mean one single bed, with a maximum of four units in one room.
3.21 Employer: A person, persons or entity who owns or operates a business or businesses in the Bridger Bowl Base Area and whose businesses shall be aggregated together for the purpose of determining the number of full time employees or the equivalent.
3.22 Family: One or more persons occupying a premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, communal development, fraternity or sorority house, etc. A family unit shall be deemed to include necessary servants, and may include up to four (4) boarders.
3.23 Floor, Ground: That portion of a building or structure located with its floor between the average ground elevation and the ceiling next above.
3.24 Guest House: Detached living quarters of a permanent type of construction, without kitchens or cooking facilities, clearly subordinate and incidental to the main building on the same building site.
3.25 Guest Ranch: Facility which provides accommodations to the general public, offers on-premise recreational and/or educational programs, and features central dining facilities.
3.26 Guest quarters: Overnight rooms at guest ranches.
3.27 Home Occupation: The use of a dwelling or accessory structure for occupations at home which are clearly customary and incidental to the primary use of the parcel and do not change agricultural or residential character thereof. No home occupation conducted entirely within a dwelling shall occupy more than twenty percent (20%) of the gross floor area nor more than four hundred (400) square feet of gross floor area.
3.28 Hostel: Dormitory-style overnight accommodations, usually for young travelers.
3.29 Hotel: Any building or portion thereof including any lodging house, rooming house, or dormitory containing six (6) or more guest rooms and occupied or intended or designed for six (6) or more guests whether rent is paid in money, goods, labor or otherwise. Does not include any jail, hospital, asylum, sanitarium, orphanage, nursing home or other in which people are housed and detained under legal restraint.
3.30 Junk Yard: The use of more than two hundred (200) square feet of the area of any parcel, lot, or contiguous lots, for the storage of junk and/or autos, including scrap metals, or other scrap material, and/or for the dismantling or "wrecking" of automobiles or other vehicles or machinery.
3.31 Lot or Parcel: A parcel or plot of land shown as an individual unit of ownership on the most recent plat or other record of subdivision.
3.32 Manufactured Home: Residential dwelling constructed entirely or substantially off-site.
3.33 Mobile Home: A portable unit built to be transportable on its own chassis, comprised of frame and wheels, and designed to be used as a dwelling when connected to appropriate utilities.
3.34 Overnight Accommodations: Permanent, separately rentable accommodations which are not available for residential use, except for the proprietors of a bed and breakfast inn. Overnight lodgings include hotel or motel rooms, hostels, cabins, bed and breakfast inns and time-shared units. Individually owned units may be considered overnight lodging if they are available for overnight rental use by the general public for at least 48 weeks per calendar year through a central reservation and check-in service. Tent sites, recreational vehicle parks, employee housing, and similar accommodations do not qualify as overnight accommodations for this definition.(Amended:County Commission Resolution 1995-46)
3.35 Parking space, off-street: A space located off any public right-of-way which is at least 9x20 feet in size for parking of any automobile and with access to a public street or road.
3.36 Private Club: Any association and its related facilities except those of which the chief activity is a service customarily carried on as a business.
3.37 Recreational Housing: Housing located in the Bridger Bowl Base Area which does not have restriction on length of stay, and includes attached and detached single family units. Is distinguished from other dwelling units by the special requirements set forth in Section 13.10.
3.38 Recreational Housing, attached: Single family ownership units that have at least one other single-family owned unit within the same building structure, and are located in the Bridger Bowl Base Area. Includes townhouses, duplexes and condominiums.
3.39 Recreational Housing, detached: Single-family homes located in the Bridger Bowl Base Area and on individual lots or in a planned unit development.
3.40 Single Family Dwelling: A detached building designed for, or occupied exclusively by, one family and including the necessary domestic help thereof.
3.41 Special Events Facility: Facility used on an intermittent basis for activities such as weddings, receptions, picnics, barbecues, dances, private parties, reunions, and banquets.
3.42 Structure: Anything constructed or erected above or below ground, affixed to the ground, or attached to something fixed to the ground.
3.43 Tepee: A conical tent.
3.44 Travel Trailer: A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is not more than 8 feet in body width nor 32 feet in body length.
3.45 Transmission Line: Any electrical circuit carried on a steel pole; any electrical circuit carried on more than one wooden pole; any electrical circuit carried on a single wooden pole energized at more than 60,000 volts.
3.46 Use: The purpose for which land or premises or a building thereon is designed, arranged, or intended, of for which it is, or may be, occupied or maintained.
3.47 Work Camp: A parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of such person and the families, if any, of the employees. For purposes of this subsection, "housing" includes but is not limited to camping spaces; trailer parking spaces; mobile, modular, or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. "Housing" does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm.
4.1 Jurisdiction.
The jurisdiction of the Bridger Zoning District is hereby divided into zones or "districts," as shown on the official zoning map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Regulation.
For the purpose of this Regulation, the Bridger Zoning District may be divided and classified into the following districts:
DISTRICT DESIGNATION
Agricultural Exclusive AE
Recreation and Forestry RF
Neighborhood Business B-1
Base Area Business B-2
Recreational Business B-3
Base Area Recreational & Forestry B-4
Public Lands & Institutions PLI
Planned Unit Development PUD*
*Number symbol after PD indicates the allowable density of dwelling units in terms of acres per dwelling unit.
4.2 Certificate.
The Official Map shall be available in the County Clerk and Recorder's Office and shall bear certificate with the signature of the Chairman of the Board of County Commissioners attested by the County Clerk and Recorder and the date of the adoption of this Regulation. The Certificate should read as follows:
This is to certify that this is the
Official Zoning Map referred to in
Section 4 of the Bridger Canyon
Zoning District Regulation.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
______________________________________
Attested______________________________
Date of Adoption______________________
If any changes to the map are made by amendment of this Regulation in accordance with Section 17.5 hereof, such changes shall be made to the Official Zoning Map and signed, dated, and certified upon the map or upon the material attached thereto.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map kept in the office of the County Clerk and Recorder shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the zoning district.
4.3 Replacement of Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of nature or number of changes or additions thereto, the Board of County Commissioners may adopt and certify a new Official Zoning Map which shall supercede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or admissions in the prior map , but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereof.
"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted February 23, 1989, as part of the zoning Regulation for the Bridger Canyon Zoning District, Gallatin County, Montana.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
Attested:______________________________
Date:__________________________________"
4.4 Interpretation of Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the boundaries shall be interpreted as following the nearest logical line to that shown; where:
a. Boundaries indicated as approximately following the center line of streets, highways, or alleys, shall be construed to follow such center lines;
b. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
c. Boundaries indicated as approximately following city limits shall be construed as following such city limits;
d. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s);
e. Boundaries indicated as following the center line of streams, rivers, canals, or ditches shall be construed to follow such center lines;
f. Boundaries indicated as parallel to or extensions of features indicated on the Official Zoning Map shall be determined by the scale of the map;
g. Boundaries indicated as following Section lines of quarter section lines of quarter-quarter section lines shall be construed as following such lines;
h. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or where other circumstances or controversy arise over district boundaries, the Zoning Commission shall interpret the district boundary.
4.5 Interpretation of Uses. If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the Zoning Commission shall determine the appropriate classification for that use.
In interpreting use classification, the Zoning Commission shall determine:
a. That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located.
b. That the use is similar to one or more uses permitted in the district wherein it is proposed to be located.
c. That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located.
d. That neither the intent of the Regulation nor the intent of the district will be abrogated by such classification.
Except as herein provided in Sections 14, 15 and 17, with respect to supplementary regulations, conditional uses, non-conforming uses and non-conforming buildings, and variances, the regulations set by this Regulation shall be minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly:
5.1 No building, structure, or land shall hereafter be used or occupied, and not building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless it is in conformity with all of the regulations herein specified for the district in which it is located.
5.2 No building or other structure shall hereafter be erected or altered: a) to exceed the height or bulk: b) to accommodate or house a greater number of families; c) to occupy a greater percentage of lot area; d) to have narrower or smaller rear yards, front yards, side yards, or other open spaces.
5.3 No part of any yard, or other open space, or off-street parking required about or in connection with any building for the purpose of complying with this Regulation, shall be included as part of a yard, open space, or off-street parking similarly required for any other building.
5.4 No yard or lot existing at the time of adoption of this Regulation shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Regulation shall meet at least the minimum requirements established by this Regulation.
6.1 Intent: It is the intent of this Regulation to preserve agriculture as one of the primary occupational pursuits and an economic endeavor in Bridger Canyon. It is further the intent of this District to protect and preserve the existing rural character of Bridger Canyon and to preserve existing developed and undeveloped farm lands from unplanned residential, commercial and industrial development. The purpose of the Agricultural Exclusive District is, when applied to particular land, to encourage the following land use:
a. the cultivation of ground, including the preparation of soil, planting or seeding and raising and harvesting of crops;
b. the raising, feeding and managing of livestock, poultry and other animals;
c. incidental uses which are customarily and necessarily related to and included within an agricultural pursuit; and,
d. incidental unrelated uses which are necessary to protect and promote the health, safety, welfare and convenience of rural residential citizens.
6.2 Uses Allowed as a Matter of Right. The cultivation of ground, including the preparation of soil, planting or seeding and the raising and harvesting of trees, timber, fruits, vegetables, flowers, grains and other crops. The raising, feeding, managing and breeding of livestock, poultry, fish, birds and other animals; the excavation of earth and the drilling of wells, exclusively for agricultural and domestic uses; signs warning against trespass, shooting and hunting on premises, without limitation as to number or size. Signs in accordance with Section 16. One single-family detached dwelling on each 40-acre parcel. Barns, corrals and other out buildings and structures accessory to the foregoing uses. The sale on the premises of products produced thereon. The packing, storing and processing of produce grown on the land, together with accessory buildings and structures required therefore. Non-agricultural, home occupations and hobbies when conducted within buildings and structures, the principle use of which is one of the foregoing uses.
6.3 Uses Permitted After Securing Approval of a Conditional Use Permit. Stands and other facilities for the purpose of selling products grown on the land, together with accessory picnic facilities and similar accommodations for the convenience of patrons; non-commercial airstrips for the use of aircraft used for agricultural purposes, together with accessory buildings and structure required therefore. Residential buildings, including mobile homes, to house persons and their families who labor, either continuously or seasonally, on the same farm, ranch, or land unit on which such buildings are situated (40-acre minimum does not apply). Commercial feed lots; commercial chicken houses, commercial pig houses; public and private schools for the academic education of children below the seventh grade level; quarries and quarrying operations; oil and gas wells; mining, guest houses, commercial snowmobile facilities, guest ranches; accessory buildings and structures the principle use of which is the pursuit of non-agricultural, home occupations and hobbies; bed and breakfast inns; the operation of private hunting and fishing clubs; caretaker's residences; community receiving antennas, microwave relay stations and electric transmission lines.
6.4 Similar Uses: Uses which in the opinion of the Zoning Commission are similar to those listed In 6.2 and 6.3 above may be permitted therein.
6.5 Height, Yard and Area Requirements.
a. Parcel width for this district shall not be less than six hundred and sixty (660) feet.
Parcel size shall not be less than forty (40) acres. In the event a parcel is within ten percent (10%) of the minimum required forty (40) acre size, a rounding-off of the figure is permitted.
Example:
minimum parcel size = 40 acres
actual parcel survey = 37 acres
One development unit would be allowed by
rounding the acreage off to 40 acres
b. Minimum setbacks for residential buildings shall be twenty-five (25) feet from any property line, road right-of-way or road easement; one hundred (100) feet from any creek; one hundred and twenty-five (125) feet from the right-of-way of the Bridger Canyon Road, Kelly Canyon Road, and Jackson Creek Road.
6.6 Parking Requirements.
a. Two (2) off-street spaces shall be provided for each dwelling.
b. One (1) off-street parking space shall be provided for each three hundred (300) square feet in any private fishing or hunting club building.
c. One (1) off-street parking space shall be provided for each one hundred (100) square feet in any stand for the sale of products produced on the premises.
d. One (1) off-street parking space shall be provided for each classroom and administrative office in any school together with one (1) off-street parking space for each ten (10) seats in any building designed for public assembly.
e. Parking required for other uses shall be set forth by the Gallatin County Zoning Enforcement Agent subject to appeal as outlined in this Regulation.
7.1 Intent. Recreation and forestry, wildlife habitat and grazing are leisure time and occupational pursuits important to the aesthetics and economy of Bridger Canyon. Because of the amount of land suitable for recreation and forestry is limited due to the Canyon's geographical location, climate and topography, it is the intent of this section to preserve existing developed and undeveloped recreation and forest lands from unplanned residential, commercial and industrial development by enacting this district.
7.2 Uses Allowed as a Matter of Right. One (1) single-family dwelling on each 40-acre parcel. Growing and harvesting of timber and other forest products and related activities, including logging and all operations incidental to and connected therewith; road building; crop farming and harvesting; forest stations and lookouts; grazing; riding and hiking trails; stables and corrals; public and private playgrounds and parks; picnic areas; public utility buildings; structures and uses; structures accessory to any use listed above; signs in accordance with Section 16. Non-agricultural home occupations and hobbies when conducted within buildings and structures; the principle use of which is one of the foregoing uses.
7.3 Uses Permitted After Securing Approval of a Conditional Use Permit. Development and processing of natural resources, including lumber mills, logging camps, mines and mining structures; campgrounds; seasonal recreational campsites; golf courses; driving ranges; ski lift facilities; pack stations; airports; guest ranches; commercial snowmobile facilities; cross county ski facilities; structures and uses accessory to the uses listed herein; accessory buildings and structures the principle use of which is the pursuit of non-agricultural; home occupations and hobbies; community receiving antennas; microwave relay stations; electric transmission lines.
7.4 Similar Uses. Uses which in the opinion of the Zoning Commission are similar to 7.2 and 7.3 above may be permitted therein.
7.5 Height, Yard and Area Requirements.
a. Parcel width for this district shall not be less than six hundred and sixty (660) feet.
Parcel size shall not be less than forty (40) acres. In the event a parcel is within ten percent (10%) of the minimum required forty (40) acre size, a rounding off of the figure is permitted. Example:
minimum parcel size = 40 acres
actual parcel survey = 37 acres
One development unit would be allowed by
rounding the acreage off to 40 acres.
b. Minimum setback for all buildings and structures shall be twenty-five (25) feet from any property line; one hundred twenty five (125) feet from the centerline of any public road; and one hundred (100) feet from any creek.
7.6 Parking Requirement.
a. Commercial uses shall provide one (1) off-street parking space for each two hundred (200) square feet of gross floor area.
b. Two (2) off-street parking spaces for each residential unit.
c. Parking required for other uses shall be as set forth by the Gallatin County Zoning Enforcement Agent subject to appeals as outline herein.
8.1 Intent. The intent of this district is to provide for one (1) small retail establishment of the general store variety, that would provide goods and services frequently required by neighborhood residents on a day to day basis, while still maintaining a rural residential character.
8.2 Uses Allowed as a Matter of Right.
a. Neighborhood convenience establishment which may offer food, gas, and limited prepared foods;
b. Gasoline pumps - maximum of two (2);
c. Signs, as permitted by Section 16 of this Regulation.
8.3 Uses Permitted After Securing Approval of a Conditional Use Permit.
a. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities.
b. Residence for proprietor or manager, when accessory to the principal permitted use.
8.4 Similar Uses. Any other commercial use or service which the Zoning Commission finds to be consistent with the intent of this article, and which is of the same general character as the above permitted uses.
8.5 Height, Yard and Area Requirements.
a. Height Regulations: No building shall exceed thirty-five (35) feet in height and no accessory building shall exceed fifteen (15) feet in height.
b. Parcel width for this district shall not be less than three hundred (300) feet, nor shall the minimum parcel size be less than two (2) acres. Maximum parcel size shall be no more than five (5) acres.
c. Minimum setback for buildings and structures shall be twenty-five (25) feet from any property line and sixty (60) feet from the right-of-way of any public road.
8.8 Off-Street Parking. One (1) space per every two hundred and fifty (250) square feet of floor area shall be provided. Required parking shall be located as to preclude backing maneuvers onto any public right-of-way, and may be located within the front setback area.
8.9 Parking Plan. A parking plan shall be submitted which includes the number of spaces, location of spaces, and aisles.
8.10 Lot Coverage. No more than fifty percent (50%) of the lot area shall be occupied by impervious surfaces.
8.11 Screening.
a. Service, storage and refuse areas or structures shall be screened from view of any residential district or public street with a solid fence or masonry wall. Average height of the screening material shall be one (1) foot more than the height of the enclosed structure, but shall not be required to exceed eight (8) feet in height.
b. A view obscuring screening shall be required between the commercial use and any residential district. The screening shall be no less than eight (8) feet in height, and may consist of a combination of berms, trees, hedges, and fences. Screening which consists of fencing only shall not be allowed. If vegetation only is used, plants shall be selected which are a minimum eight (8) feet tall.
c. A site plan, drawn at a minimum scale of one inch equals twenty feet (1"=20') shall be submitted and shall include the following information:
(1) Parcel dimensions;
(2) Existing and proposed grades;
(3) Location and dimensions of existing and proposed buildings, fences and walls;
(4) Storage, refuse and service areas;
(5) Landscaping;
(a) percent of site to be landscaped;
(b) plant legend showing total number of plants and trees, by common names, and estimated sizes at time of installation and at maturity;
(c) location of individual plants and trees.
(6) Sign location.
(7) Storm water detention.
(8) Snow storage locations.
8.12 Location. The location shall be as suggested in the Bridger Canyon General Plan.
8.13 Standards for Exterior Appearance.
a. A neighborhood commercial establishment shall be designed to be compatible with the residential character of the Bridger Canyon Zoning District. Renderings which show the exterior of the structure shall be submitted for review.
b. Minimum roof pitch shall be not less than one (1) foot of rise for each four (4) feet of horizontal run.
c. Exterior finish shall be either wood or masonry, excluding cinder block. Wood siding may run in either a horizontal, vertical, or diagonal direction. All siding shall be in earth tone colors.
8.14 Procedures. The parking, screening, and exterior appearance plans required in Sections 8.9, 8.11 and 8.13 above shall be submitted for review and approval as a part of the re-zoning procedure set forth in Section 17.5. Any changes in use or additions to uses shall be reviewed as a conditional use, as set forth in Section 17.3.2.
8.15 Installation of Improvements. All parking, screening, and improvements shall be installed before occupancy of the structure or shall be guaranteed in the form of a bond or cash deposit, upon approval from the Zoning Commission. Requests for the use of completion guarantees shall be included as a part of the procedure set forth in Section 17.3.4.
9.1 Intent. The intent of this district is to provide a central area for the ski area's business and service activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded.
9.2 Permitted Uses.
a. Bakeries.
b. Barber and beauty shops.
c. Dry cleaning and laundromats.
d. Financial Institutions.
e. Fire and police stations; post office.
f. Health and exercise establishments.
g. Museums, libraries, and galleries.
h. Parking lots.
i. Photo studio.
j. Rental of non-motorized sports equipment.
k. Restaurants and cafes.
l. Retail sales, which would include but not be limited to:
(1) clothing sales;
(2) food sales;
(3) jewelry sales;
(4) pharmaceutical sales;
(5) sporting goods sales.
m. Signs, in accordance with Section 15.
9.3 Conditional Uses.
a. Bars, cocktail lounges.
b. Gasoline service stations.
c. Theatres, except drive-ins.
d. Gift and novelty shops.
e. Accessory uses.
f. Community receiving antennas, microwave relay stations, and electric transmission lines.
g. Overnight accommodations and attached recreational housing, subject to a finding at a public hearing that the proposal meets all of the following criteria:
(1) Neither overnight accommodations nor recreational housing shall be permitted on the ground floor of structures. Overnight accommodations and recreational housing shall be located on the second or subsequent floors.
(2) Detached overnight accommodations and detached recreational housing shall not be allowed.
(3) The first/ground floor shall be restricted to those permitted uses listed in Section 9.2 and those conditional used listed in Section 9.3 (1-5).
h. Other uses, which in the opinion of the Zoning Commission are similar to those listed above.
i. Employee housing.
9.4 Lot Area and Width. There shall be no minimum lot area or width. Lot area and width shall, however, be large enough to accommodate buildings and required parking.
9.5 District Area. Maximum area of the B-2 District shall be five (5) acres. Areas zoned B-2 are not required to be contiguous.
9.6 Setbacks. Minimum setback for buildings and structures shall be twenty-five (25) feet from the front property line, and fifty (50) feet from any stream.
9.7 Building Heights. No building shall exceed thirty-five (35) feet in height.
9.8 Refuse. All commercial, year-round food service establishments shall have and use bear-proof refuse containers.
9.9 Underground Utilities. Local distribution lines shall be installed underground.
9.10 Design Review. All structures shall be designed to be harmonious with a mountain alpine skiing setting. Renderings of the exterior of structures shall be submitted with land use permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals from the decision of the Zoning Enforcement Agent may be heard by the Zoning Commission, as set forth in Section 17.4.
9.11 Off-Street Parking. The following indicates the number of off-street parking spaces required for those particular uses listed.
USE PARKING SPACE REQUIRED
Financial institutions One space /250 sq. ft. of floor space.
Public eating and/or One space for each 2 1/2 seats or 40
drinking establish- sq. ft. of dining and/or drinking space
ments. or area.
Service stations. Four spaces /1,000 sq.ft. of floor
area with repair space for motor
vehicles not counted as parking
space.
Theatres. One space/6 seats or 9 linear feet
of fixed benches, or for each 45
sq.ft. of floor area without fixed
seats.
Museums, libraries, One space/500 sq.ft. of floor area.
and galleries.
All other permitted One space/300 sq.ft. of floor area.
uses.
9.11.1 Parking Plan Required. A parking plan shall be submitted prior to the issuance of any building permit. Each plan shall show the location and number of parking spaces, and shall provide for employee and handicapped spaces and loading berths. Required employee spaces are included in the parking requirements of this zone. Adequate space for storage of snow shall be indicated on the parking plan.
9.11.2 Staged Development. If the sequence of construction of various portions of the development is to occur in stages then the required parking facilities shall be developed in proportion to the number of structures constructed, and a parking plan for the entire development shall be submitted for review and approval prior to issuance of a building permit.
9.11.3 Erection or Moving of Buildings; Use Thereof. No building shall be erected, constructed, or moved unless there is provided and all times thereafter maintained for such building and its use, a minimum number of off-street parking spaces as specified in this section and in an approved parking plan.
9.11.4 Enlargements, Change of Use, etc., of Buildings. No building or structure shall be enlarged, altered, converted, or changed in use, unless there is provided and thereafter maintained for such building and its use, a minimum number of parking spaces as specified in this section and in an approved parking plan.
9.11.5 No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing and actually being used for the parking of automobiles or other motor vehicles in connection with the use of an existing building shall not be reduced in number or size, during which would be required for a new building or use of a similar type.
9.11.6 Fractional Spaces. If the number of off-street parking spaces hereinafter required contains a fraction, such number shall be changed to the nearest whole number.
9.11.7 Joint Use. The Zoning Office may authorize the joint use of off-street parking for all uses, with the exception of convenience stores and service stations, subject to the following conditions:
Where joint use is desired, an application shall be made to the Zoning Officer. Said application shall contain proof that there will be no substantial conflict in the principal operating hours of the two (2) buildings or uses for which the use is proposed; that all other conditions within this section are met; and legal documents executed by the parties involved in the joint use guaranteeing use of both parties. Said legal document shall be approved the County Attorney and recorded with the County Clerk and Recorder.
9.11.8 Appeals. Appeals from the decision of the Zoning Officer concerning parking shall be made according to the procedure set forth in Section 17.4.
10.1 Intent. The intent of this district is to provide for large scale non-motorized recreational activities and for small retail and service activities frequently required by users of the recreational facilities.
10.2 Permitted Uses.
a. Guest ranches.
b. Rental of sports equipment.
c. Picnic areas.
d. Signs, in accordance with Section 16.
e. Ski lodges.
f. Ski lifts.
g. Ski activities centers.
h. Stables.
i. Riding and hiking trails.
j. Recreation and sports activities.
k. Instruction in recreational and sports skills.
10.3 Conditional Uses.
a. Overnight accommodations and attached recreational housing, subject to the requirements of Section 13.10.
b. Conference and meeting facilities.
c. Limited retail sales which are accessory to the principal use.
d. Restaurants and cafes, bars and lounges as accessories to principal use.
e. Community receiving antennas, microwave relay stations, and electric transmission lines.
f. Employee Housing
10.4 Lot Area and Width. Minimum parcel size shall be ten (10) acres.
10.5 Setbacks. Minimum setback for all buildings and structures shall be twenty-five (25) feet from any property line or fifty (50) feet from the centerline of any public road, whichever is greater. Minimum setback from streams shall be fifty (50) feet.
10.6 Building Height. No building shall exceed thirty-five (35) feet in height.
10.7 Refuse. All commercial, year-round food service establishments shall have and use bear-proof refuse containers.
10.8 Underground Utilities. Local distribution lines shall be installed underground.
10.9 Design Review. All structures shall be designed to be harmonious with a mountain alpine skiing setting. Renderings of the exterior of structures shall be submitted with land use permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals from the decision of the Zoning Enforcement Agent may be heard by the Zoning Commission, as set forth in Section 17.4.
10.10 Off-street Parking. The following table indicates the number of off-street parking spaces required for those uses listed.
USE PARKING SPACE REQUIRED
Overnight accommodations; 1 1/2 spaces per guest room.
guest ranches;
Employee housing; 1 space per employee unit.
Ski lifts; (a) A 1,500 car parking lot
shall be allowed in the Bridger Bowl Base Area.
(b) Commercial uses shall provide 1 off-street parking space for each 200 sq.ft of gross floor area.
(c) 2 off-street parking spaces for each residential unit.
(d) Parking required for other uses shall be as set forth by the Gallatin County Zoning Enforcement Agent subject to appeals as outlined herein.
Picnic areas; 1 space per table.
Recreation and sports 1 space per 100 feet of floor
activities center; area plus one space per 10,000 sq.ft. of parcel area.
Public eating and drinking 1 space for each 2 1/2 seats
establishments; or 40 sq.ft. of dining and/or drinking space or area.
10.10.1 Parking Plan Required. A parking plan shall be submitted prior to the issuance of any building permit. Each plan shall show the location and number of parking spaces, and shall provide for employee and handicapped spaces and loading berths. Required employee spaces are included in the parking requirements of this zone. Adequate space for storage of snow shall be indicated on the parking plan.
10.10.2 Staged Development. If the sequence of construction of various portions of the development is to occur in stages then the required parking facilities shall be developed in proportion to the number of structures constructed, and a parking plan for the entire development shall be submitted for review and approval prior to issuance of a building permit.
10.10.3 Erection or Moving of Buildings; Use Thereof. No buildings shall be erected, constructed, or moved unless there is provided and all times thereafter maintained for such building and its use, a minimum number of off-street parking spaces as specified in this section and in an approved parking plan.
10.10.4 Enlargements, Change of Use, etc. of Buildings. No building or structure shall be enlarged, altered, converted, or changed in use, unless there is provided and thereafter maintained for such building and its use, a minimum number of parking spaces as specified in this section and in an approved parking plan.
10.10.5 No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing and actually being used for the parking of automobiles or other motor vehicles in connection with the use of an existing building shall not be reduced in number or size, during the entire life of such building or land use, below that which would be required for a new building or use of a similar type.
10.10.6 Fractional Spaces. If the number of off-street parking spaces hereinafter required contains a fraction, such number shall be changed to the nearest whole number.
10.10.7 Joint Use. The Zoning Officer may authorize the joint use of off-street parking for all uses, with the exception of convenience stores and service stations, subject to the following conditions:
Where joint use is desired, an application shall be made to the Zoning Officer. Said application shall contain proof that there will be no substantial conflict in the principal operating hours of the two buildings or uses for which the use is proposed; that all other conditions within this section are met; and legal documents executed by the parties involved in the joint use guaranteeing use of both parties. Said legal document shall be approved by the County Attorney and recorded with the County Clerk and Recorder.
10.10.8 Appeals. Appeals from the decision of the Zoning Enforcement Officer concerning parking shall be made according to the procedure set forth in Section 17.4.
11.1 Intent. The intent of this district is to provide for overnight accommodations while preserving existing developed and undeveloped recreation and forest lands.
11.2 Permitted Uses.
a. One dwelling unit per forty (40) acres.
b. Growing and harvesting of timber and other forest products and related activities, including logging and all operations incidental to and connected therewith, road building, truck hauling.
c. Crop farming and harvesting.
d. Forest stations and lookouts.
e. Grazing.
f. Riding and hiking trails.
g. Stables and corrals.
h. Public and private playgrounds and parks.
i. Picnic areas.
j. Public utility buildings.
k. Home occupations.
l. Signs, in accordance with Section 16.
11.3 Conditional Uses.
a. Development and processing of natural resources, including lumber mills, logging camps, mines and mining structures, agricultural processing plants.
b. Stands for the sale of products produced on premises.
c. Campgrounds.
d. Seasonal recreational campsites.
e. Golf courses.
f. Driving ranges.
g. Ski tow facilities.
h. Pack stations.
i. Helipads.
j. Restaurants, cafes, bars and lounges, only as an accessory to overnight accommodations.
k. Employee housing.
l. Overnight accommodations, detached and attached recreational housing subject to the requirements of Section 13.10.
m. Swimming pools.
n. Tennis courts.
o. Sales of sundry items for patron comfort either by vending machines or personal sales area attendant such as the following, but not limited to:
(1) reading material.
(2) toothpaste and brushes.
(3) shaving needs.
(4) cosmetics.
(5) non-prescription pain remedies.
(6) souvenir items.
p. Accessory uses.
q. Community receiving antennas, microwave relay stations, and electric transmission lines.
r. Churches.
11.4 Lot Area and Width. Minimum lot size shall be forty (40) acres, unless planned unit development (PUD) provisions apply.
11.5 Setbacks. Minimum setbacks for all buildings and structures shall be twenty-five (25) feet from any property line or fifty (50) feet from the centerline of any public road, whichever is greater. Minimum setback from streams shall be fifty (50) feet.
11.6 Building Height. No building shall exceed thirty-five (35) feet in height.
11.7 Refuse. All commercial, year-round food service establishments shall have and use bear-proof refuse containers.
11.8 Underground Utilities. Local distribution lines shall be installed underground.
11.9 Design Review. All structures shall be designed to be harmonious with a mountain alpine skiing setting. Renderings of the exterior of structures shall be submitted with land use permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals from the decision of the Zoning Enforcement Agent may be heard by the Zoning Commission, as set forth in Section 17.4.
11.10 Off-street Parking. The following indicates the number of off-street parking spaces required for those particular uses listed.
USE PARKING SPACE REQUIRED
Single family dwelling unit 2 spaces.
Picnic areas 1 space per table.
Overnight accommodations 1 1/2 spaces per guest room.
and guest ranches.
Campgrounds. 1 space per campsite.
Golf courses and driving 1 space per acre of use.
ranges.
Ski Tow facilities. (a) A 1,500 car parking lot shall be permitted in the Bridger Bowl Base Area.
(b) Commercial uses shall provide 1 off-street parking space for each 200 sq.ft. of gross floor area.
(c) 2 off-street parking spaces for each residential unit.
(d) Parking required for other uses shall be as set forth by the Gallatin County Zoning Enforcement Agent subject to appeals as outlined herein.
Employee housing, 2 spaces per dwelling unit.
single family.
Employee dormitory 1 space per each 200 sq.ft. of rooms designed for
housing. sleeping.
11.10.1 Parking Plan Required. A parking plan shall be submitted prior to the issuance of any building permit. Each plan shall show the location and number of parking spaces, and shall provide for employee and handicapped spaces and loading berths. Required employee spaces are included in the parking requirements of this zone. Adequate space for storage of snow shall be indicated on the parking plan.
11.10.2 Staged Development. If the sequence of construction of various portions of the development is to occur in stages then the required parking facilities shall be developed in proportion to the number of structures constructed, and a parking plan for the entire development shall be submitted for review and approval prior to issuance of a building permit.
11.10.3 Erection or Moving of Buildings; Use Thereof. No building shall be erected, constructed, or moved unless there is provided and all times thereafter maintained for such building and its use, a minimum number of off-street parking spaces as specified in this section and in an approved parking plan.
11.10.4 Enlargements, Change of Use, etc., of Buildings. No building or structure shall be enlarged, altered, converted, or changed in use, unless there is provided and thereafter maintained for such building and its use, a minimum number of parking spaces as specified in this section and in an approved parking plan.
11.10.5 No Reduction in Off-street Parking Spaces. Off-street parking spaces existing and actually being used for the parking of automobiles or other motor vehicles in connection with the use of an existing building shall not be reduced in number or size, during the entire life of such building or land use, below that which would be required for a new building or use of a similar type.
11.10.6 Fractional Space. If the number of off-street parking spaces hereinafter required contains a fraction, such number shall be changed to the nearest whole number.
11.10.7 Joint Use. The Zoning Officer may authorize the joint use of off-street parking for all uses, with the exception of convenience stores and service stations, subject to the following condition:
Where joint use is desired, an application shall be made to the Zoning Officer. Said application shall contain proof that there will be no substantial conflict in the principal operating hours of the two buildings or uses for which the use is proposed; that all other conditions within this section are met; and legal documents executed by the parties involved in the joint use guaranteeing use of both parties. Said legal document shall be approved by the County Attorney and recorded with the County Clerk and Recorder.
11.10.8 Appeals. Appeals from the decision of the Zoning Officer concerning parking shall be made according to procedure set forth in Section 17.4.
12.1 Intent. The intent of this district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; the larger areas should be distinguished PLI.
12.2 Uses Allowed as a Matter of Right.
a. Public buildings, including fire and police stations, and sites for public utilities.
b. Public and non-profit quasi-public institutions, i.e. elementary, junior, and senior high schools.
c. Accessory uses and buildings customarily appurtenant to a permitted use.
12.3 Height, Yard and Area Requirements.
a. Height Regulations: No building shall exceed thirty-five (35) feet in height and no accessory building shall exceed fifteen (15) feet in height.
b. Parcel width for this district shall not be less than one hundred fifty (150) feet, nor shall the minimum parcel size be less than one (1) acre.
c. No requirements for setbacks will be made except when a lot is adjacent to another district. The yards then shall be the same as in the adjacent district.
12.4 Parking Requirement.
a. For public buildings, i.e., fire and police stations, sites for public utilities: 1 off-street parking space for each three hundred (300) sq.ft. of gross floor area.
b. 1 off-street parking space for each ten (10) seats in any public institution, i.e., elementary, junior, or senior high schools.
The planned unit development designation is intended to provide for alternative forms of development which may include a density bonus in exchange for development quality that is of significant community benefit. The purposes of this district include the following:
a. Enhance and preserve open space and unique natural features.
b. Preserve to the maximum extent possible the natural characteristics of the land, including topography, vegetation, streams, and tree cover.
c. Protect areas of important wildlife habitat.
d. Prevent soil erosion by permitting development according to the nature of the terrain.
e. Encourage the development of more attractive site design.
f. Reduce the cost and physical impact of public and private services.
g. Lessen the visual impact of development and preserve the scenic vistas and rural atmosphere.
h. Preserve agricultural lands.
i. Provide economies in the provision of public services.
13.2 Special Definitions.
a. Common Open Space: A parcel or parcels of land, or an area of water, or a combination of land and water within the site designated for a Planned Unit Development and designated and intended for the use or enjoyment of residents of the Planned Unit Development. Common open space may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Planned Unit Development.
b. Development Rights: The potential for the improvement of a parcel of real property, measured in dwelling units, existing because of the zoning classification of the parcel.
c. Landowner: The legal or beneficial owner or owners of all of the land proposed to be included in a Planned Unit Development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than twenty (20) years or other persons having an enforceable proprietary interest in such land, shall be deemed to be a Landowner for the purposes of these provisions.
d. Open Space: Land subject to valid restriction against housing development, the maintenance of which in its natural or agricultural state is necessary for the enhancement of living conditions in Planned Unit Developments.
e. Plan: The provisions for development of a Planned Unit Development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, and a general layout of water and sanitary facilities. The phrase "provisions of the plan", when used in these provisions, shall mean the written and graphic materials referred to in this definition.
f. Planned Unit Development: An area of land, controlled by a landowner to be developed as a single entity for a number of dwelling units, the Plan for which may not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in the underlying zone. Multiple parcels within a Planned Unit Development must be contiguous or share a common boundary.
(Amended: County Commission Resolution No. 1997-34).
g. Residential: Single family dwelling units, condominiums, and town houses.
h. Transfer of Development Rights: The conveyance of development rights by deed, easement, or other legal instrument, authorized by the Bridger Canyon Zoning Regulation, to another parcel of land and the recording of that conveyance at the Office of the Gallatin County Clerk and Recorder.
13.3 Uses Permitted.
Any use permitted in the underlying zone classification, including single family dwelling units, condominiums and townhouses.
13.4 Land Use Intensity Factor.
The land use intensity factor for each district shall be as shown following the PUD symbol on the official Bridger Canyon Zoning Map.
13.5 Standards for Development.
a. General: In approving an area for a planned unit development, at least one (1) of the following conditions shall exist:
(1) The parcel is situated such that the planned unit development will allow flexibility of design for the protection of scenic vistas or will lessen the visual impact of development.
(2) The planned unit development will result in the preservation of agricultural land and/or open space.
(3) The parcel contains natural assets which will be preserved through the use of the planned unit development. Such natural assets include vegetation, stands of large trees, land which serves as a natural habitat for wildlife, and streams.
(4) The parcel contains topography that is suitable for minimizing the visual impact of development. The planned unit development shall prevent erosion and result in development more suitable to the nature of the terrain.
b. Specific: In approving a site for a Planned Unit Development, the following specific standards shall be met:
(1) Determination of Density: Interpolation is permitted by rounding-off to the nearest dwelling unit permitted (due to size of whole parcel.) Example:
minimum = 1 DU/20 acres
actual property survey - 389 acres
maximum number of dwelling units permitted would equal 20 units (by rounding off to the nearest unit.)
(2) Parking and Open Space: Parking and open space requirements are set forth in the following table. Open space shall not include areas devoted to public or private streets, parking, or areas covered by buildings. Open space may include natural or agricultural ground, landscaped areas, recreational areas, and water surfaces.
LAND USE INTENSITY OFF-STREET PARKING OPEN SPACE
(ACRES/DWELLING UNIT) REQUIRED/DWELLING UNIT REQUIRED AS %
OF LAND
80 2.0 99
40 2.0 98
20 2.0 95
10 2.0 90
5 2.0 90
2 2.0 85
1 1.5 80
0.5 1.5 75
0.3 1.5 70
(3) Continuous boundaries for multiple parcels: The minimum continuous boundary length to be shared by multiple parcels in a PUD shall be equal to the minimum parcel width contained in 6.5(a).
(Amended: County Commission Resolution No. 1997-34).
c. Dwelling Unit Design: Harmonious variations in materials, textures, and colors shall complement and supplement the natural beauty and pleasant environment of the site and the individual unit.
d. Common area Access: Each building site shall have ready access to any common areas and facilities.
e. Car Circulation and Access: Road design should reflect the following factors:
(i) Dwelling areas shall only have limited access to major traffic arteries. Common access roads should be used when possible.
(ii) Collector roads of ample width and flowing alignment shall feed traffic between the arterial streets and to a network of minor access streets on which most of the homesites are located. Streets and roads shall meet the design standards contained in the Gallatin County Subdivision Regulations.
(iii) Where terrain permits short loop streets and cul-de-sacs should be used for minor streets.
f. Parking: Parking shall reflect the following factors:
(i) Occupant and guest car parking should be located so homesites are conveniently served.
(ii) Parking areas should be designed so that not more than an average of five (5) spaces shall adjoin each other without intervening landscaped areas, except in the Base Area where snow removal necessitates alternative landscape schemes.
g. Walks and Service Circulation: Walks and service circulation should reflect the following factors:
(1) Walks should be designed to provide convenient access to recreation, service, parking and other common areas.
h. Setbacks: Front, side and rear setback requirements for structures shall be those of the district with which the Planned Unit Development is combined or as established by the approved plan.
i. Open Space Areas: Open space areas should be situated in such a manner as to avoid the crowding together of building uses and parking uses or to enhance visual or recreational pursuits of residents.
j. Sanitary and Water Facilities: The general layout of sanitary and water facilities shall reflect that it is the intent of the plan to protect the environment, encourage the efficient use of land in the general area, and comply with the requirements of County subdivision and State health requirements.
k. All condominium and townhouse planned unit developments shall have and use bear-proof refuse containers.
13.6 Procedure.
a. Required Information: The developer shall submit to the Gallatin County Zoning Office ten (10) copies of the following information:
(1) Number and types of proposed dwelling units.
(2) Number of off-street parking spaces.
(3) Amount of open space or land to be left in agricultural production, by acreage.
(4) Amount of land, by acreage, to be covered by buildings.
(5) Materials, textures and colors of structures, if proposed.
(6) A location map showing the project in relation to the surrounding area.
(7) A site plan showing:
(a) Property lines and easements, with dimensions and area;
(b) Location, size, spacing, setbacks, and dimensions of all existing and proposed buildings, structures, improvements and utilities;
(c) Topographic information showing existing features and any proposed grading;
(d) Existing vegetation, wildlife habitat, and water courses, floodplain, and any proposed alterations;
(e) Existing land use;
(f) Existing access to the project, proposed roads, and parking layout, all with dimensions;
(g) Soil types, wetlands, and natural drainages.
(8) Legal requirements: All Planned Unit Developments which contain areas of common ownership or access shall submit covenants and other legal documents which:
(a) Legally create automatic-membership, non-profit homes association or similar instrument.
(b) Place title to any common property in the homes association, and limit title to residual lands so that residential use in excess of that permitted in this Regulation may not be made thereon.
(c) Restrict title to required open space (whether held in common or not) so that residential buildings or uses detrimental to the residential portion of the Planned Unit Development may not be conducted thereon.
(d) Appropriately and permanently limit the uses of the common property, open space, and residual agricultural lands.
(e) Give each lot owner the right to use and enjoyment of the common property.
(f) Place responsibility for operation and maintenance of the common property and roads in the home association.
(1) Be a lien on the property;
(2) Assure sufficient funds for maintenance of common property;
(3) Provide safeguards against unreasonably high charges and a method to adjust assessments.
(h) Provide for weed control in accordance with Gallatin County Regulations.
All legal documents required under this section shall not be acceptable until approved by the County Attorney when required by the County Commission; all deed restrictions and association rules and regulations may be enforceable by the County of Gallatin as well as by the association.
13.7 Staged Development.
If the sequence of construction of various portions of the development is to occur in stages, then the open spaces and the recreational facilities proposed for the entire development shall be developed, or committed thereto, in proportion to the number of dwelling units constructed. At no time during the construction of the project shall the number of constructed dwelling units exceed the overall density per acre established by the Land Use Intensity Factor.
13.8 Procedure for Approval.
a. The method for considering a Planned Unit Development shall be the Conditional Use Permit procedure.
b. If the Planned Unit Development is considered a subdivision according to the definitions contained in 76-3-101 et seq., M.C.A., the development shall also be subject to review as set forth in the Gallatin County Subdivision Regulations.
13.9 Transfer of Development Rights.
a. Purpose: To provide a procedure under which land may be developed by transfer of permitted dwelling units to locations suited for such development.
b. Assignment of Density Rights:
(1) Bridger Canyon, AE and RF Districts: Density rights are as officially designated on the Bridger Canyon Zoning Map, adopted February 23, 1989.
Base area owner density rights amended by Resolution 1999-01 on January 26, 1999.
c. Record: A current record of available and transferred development rights shall be maintained by the Subdivision Review Office. Any transfer of development rights shall be recorded with the Office of the Gallatin County Clerk and Recorder and notification shall be provided to the Subdivision Review Office.
d. General: Base area development rights shall only be transferred within the boundaries of the Bridger Bowl Base area. In the remainder of the Zoning District, development rights may be transferred between and among the AE and RF districts. Development rights are valued by the private market, and may be conveyed and reconveyed. The use of development rights is subject to the procedures set forth in Section 13.9(e).
e. Procedure. Application shall be made to the Bridger Canyon Planning and Zoning Commission for the use of the development rights. The application shall consist of a document indicating the ownership or contract to purchase development rights and the necessary submittals for review as a Planned Unit Development, as required by the Bridger Canyon Zoning Regulation and Gallatin County Subdivision Regulations.
Upon approval of the transfer of development rights and preliminary approval of the Planned Unit Development, the applicant shall record the approved development rights transfer document with the Office of the Gallatin County Clerk and Recorder.
13.10 Base Area Planned Unit Development.
It is the intent of the Base Area Planned Unit Development to allow for a variety of overnight accommodations and recreational housing in the Base Area, and to require the most dense development near the Ski Base facilities. It is further the intent of this section to ensure that water, sewer, and land capabilities are adequate for proposed uses.
The following additional standards apply only to planned unit developments in those areas zoned B-2, B-3 or B-4.
13.10.1 Uses Permitted. The following uses shall be permitted.
a. Any use permitted in the basic zone classification, subject to the following criteria:
(1) All overnight accommodations and recreational housing shall be clustered and include either ski-in/ski-out trails or other transportation to the ski hill.
(2) Trash receptacles shall be bear-proof and screened.
(3) Parking lots and streets for overnight accommodations and attached recreational housing shall be built to County gravel standards. Parking lots shall be screened from view or located to the rear of structures.
(4) Sewage shall be disposed of through a central system or on site.
(5) Water conservation methods shall be encouraged.
(6) Adequate fire protection is provided.
b. 1.5 motel/hotel units are permitted for each allowable dwelling unit where all of the following conditions apply:
(1) There exists at least 2,000 square feet of retail commercial floor area within one mile;
(2) Recreation facilities on-site including a swimming pool with a surface area of at least 800 sq.ft. or a game room of comparable size; and,
(3) No such unit shall have cooking facilities unless said unit including the cooking facility is less than 500 sq.ft. in gross floor area.
c. In addition to the requirements set forth in Section 13.6(a), the developers shall submit ten (10) copies of the following information:
(1) Drainage and stormwater runoff plans.
(2) Floodplain delineation.
(3) Traffic circulation and trip generation data.
(4) Development time-table, not to exceed the time limits provided for in the Gallatin County Subdivision Regulations.
(5) For overnight accommodations:
(a) number of rooms and estimated ultimate guest capacity shall be supplied. The rationale for estimating the ultimate guest capacity shall also be provided.
(b) Information as to how the reservations and check-in will be managed.
(6) For recreational housing, the estimated ultimate population and number of bedrooms shall be supplied. The demographic information and rationale for estimating the ultimate population shall be supplied.
(7) Fire protection measures.
(8) Number and type of development rights to be used.
13.10.2 Locational Requirements. The following separation of uses is required. These distances are not setbacks of structures from lot lines, but are minimum distances of the following uses from one another. All principal structures and related facilities, such as garages, parking lots, swimming pools, etc., must meet the requirements for minimum separation of uses.
Overnight Attached Detached
Accommodations Recreational Recreational
Housing Housing
Adjacent to B-2 None 200 ft; 10% 500 ft; 20%
of which is of which is
vegetated vegetated
Adjacent to RF and 500 ft; 25% 250 ft; 25% 100 ft; 20%
AE of which is of which is of which is
vegetated vegetated vegetated
13.10.3 Use of Reserve Development Rights. To use reserve development rights, the following information must be submitted:
(a) Plans which prove an adequate water supply and sewage disposal system.
(b) Land capability testing and analysis which details slope and soil conditions.
(c) Information to show that all recreational housing and overnight development rights for that particular property have been used.
(d) Analysis of the use of recreational housing development rights. The analysis shall include the population and number of units used on a temporary basis and the number used as year round residences.
13.10.4 Allocation of Development Rights.
Section 9 establishes the Base Area Business District (B-2). A conditional use of the B-2 District is overnight accommodations and attached recreational housing. Section 10 establishes the Recreational Business District (B-3). A conditional use of the B-3 District is overnight accommodations and attached recreational housing, subject to the requirements of Section 13.10. Section 11 establishes the Base Area Recreation and Forestry District (B-4). A permitted use in the B-4 District is one dwelling unit per forty (40) acres. A conditional use of the B-4 District is overnight accommodations and detached and attached recreational housing subject to the requirements of Section 13.10. Regardless of basic development rights or permitted uses in the Base Area, recreational housing and overnight accommodations may be permitted through the PUD process of this Regulation subject to the following allocation:
DEVELOPMENT RIGHTS ALLOCATION
|
OWNERSHIP |
APPROX ACRES |
UNITS UNDER BASIC ZONING |
REC. HOUSING |
OVERNIGHT UNITS |
RESERVE OVERNIGHT |
|
360 Ranch Tract 1 Financial Dev. Corp. |
32.5 |
1 |
50**** |
23 |
26 |
|
Tract 2 Crosscut Ranch |
61.5 |
1 |
**** |
5 |
6 |
|
Tract 3 Simkins & Haggerty |
80.0 |
4 |
**** |
90 |
103 |
|
Tract 4 Montana Blesco North |
20.0 |
1 |
**** |
52 |
59 |
|
Tract 5 Montana Blesco South |
65.5 |
1 |
**** |
41 |
47 |
|
Bridger Bowl** |
87.0 |
1 |
16 |
23 |
25 |
|
Hepburn |
3.5 |
1 |
2 |
2 |
3 |
|
Lachenmaier |
25.0 |
1 |
13 |
17 |
20 |
|
Bridger Pines*** |
29.0 |
1 |
-- |
-- |
-- |
** Ownership of two separate parcels
*** Previously developed for 60 units
**** The 50 Recreational Housing Development Rights granted to the 360 Ranch Corporation owned properties can be used within Tracts 1-5.
(Amended: County Commission Resolution No. 1996-4).
(Amended: County Commission Resolution No. 1999-1 on January 26, 1999).
Public lands shown on any map as being in the Base Area do not have any development rights of one (1) dwelling unit per one-half (0.5) acre. Public lands shown on any map as being in the Base Area are classified as RF and have a basic development right of one dwelling unit per forty (40) acres as allowed in the Regulation.
(Amended: County Commission Resolution No. 1995-25).
14.1 Non-conforming Lots. The following regulations shall apply to non-conforming lots:
a. In any zone notwithstanding other limitations imposed by these regulations, structures permitted in said zone may be erected on any single lot of record on the effective date of this regulation.
b. A non-conforming lot shall not be divided or changed in any way to reduce the area of the original lot or increase its non-conformity.
c. The boundaries of a non-conforming lot shall not be changed or adjusted for the purpose of relocating a residential building site outside the original exterior boundaries of that non-conforming lot of record.
14.2 Building Sites Which do Not Conform to the General Regulations.
a. In any district, notwithstanding other limitations imposed by this Regulation, structures permitted in said district may be erected on any single lot of record on the effective date of this Regulation. Such lot must be in separate ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.
If two (2) or more lots and portion of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this Regulation, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Regulation. Where lots are larger than required by this Regulation, said lots may be subdivided into smaller lots except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this Regulation.
14.3 Non-conforming Uses of Land. A lawful use of land on the effective date of this regulation or its amendment which is made no longer permissible by the terms of this regulation or its amendment may be continued if it remains otherwise lawful, subject to the following provisions:
a. No such non-conforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied by such use as the effective date of the adoption or amendment of this regulation.
b. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel being occupied by such use at the effective date of the adoption or amendment of this regulation.
c. If any such non-conforming use ceases for a period of more than 180 days, any subsequent use of land shall conform to the zoning regulations for the zone in which it is located. The term "ceases" as used in this case, shall mean that the activity in question has not been in operation for a period of 180 days.
14.4 Non-Conforming Structures. Where lawful structures exist that could not be built under the terms of this regulation, such structures may be continued so long as it remains otherwise lawful, providing that:
a. No structure may be enlarged or altered in a way that increases its non-conformity.
b. Should such structures be destroyed by any means, in extent of more than 75% of its replacement cost at the time of destruction it shall not be reconstructed except in conformity with the provisions of this Regulation.
c. Should such structure be moved, it shall thereafter conform to the regulations for the district to which it is relocated.
d. On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing or repair or replacement of non-bearing walls, to an extent not exceeding 10% of the replacement value of the building in any one year, provided that such work does not increase the cubic content of the building. Nothing in this regulation shall be deemed to prevent the strengthening or restoring to safe conditions of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
e. Building existing on the effective date of this Regulation which is non-conforming only as to setback from a public road may be expanded in any direction except closer to said public road.
15.1 Utility Uses. Radio and television receiving antennas, and public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without the necessity of first obtaining a building permit.
15.2 Guest Facilities.
a. The following regulations shall apply to all guest ranches:
(1) Individual guest ranch quarters shall not contain kitchen or cooking facilities. This shall not exclude the provision and use of a central kitchen and cooking facilities.
(2) Each individual guest room will be counted as a guest ranch unit as set forth in the Bridger Canyon General Plan.
(3) Guest ranches shall provide or have direct access to riding trails or other recreational facilities which will tend to limit off-site automobile travel.
b. Guest houses shall not contain kitchen or cooking facilities and shall not be offered for rent or sale as an individual dwelling unit.
15.3 Temporary Occupancy. Temporary occupancy is a conditional use in all districts and is subject to the following requirements. State Department of Health and Environmental Sciences permits must be obtained when required.
a. Mobile Homes/Tepees.
(1) Temporary mobile home or tepee occupancy may be permitted with a special permit issued upon application by the Bridger Canyon Planning and Zoning Commission. Such occupancy shall be limited for a period not to exceed 1 year where all the following conditions exist:
(a) A building permit for a permanent dwelling has been issued;
(b) Said mobile home or tepee does not violate any valid existing deed restrictions;
(c) Temporary dwelling must comply with all siting requirements outlined in the Regulation;
(d) The temporary site shall be bear-proof;
(e) Temporary dwellings shall not be moved on site nor utilized for occupancy until sewage disposal and water supply systems are installed that meet all State and County Health Department regulations.
b. Work Camps.
(1) Highway or Temporary Construction. Occupancy in connection with highway or other temporary construction work may be permitted where all of the following conditions are found to apply:
(a) When construction work takes place outside urban areas, permanent housing is unfeasible and trailer courts unavailable;
(b) Temporary housing occupants are bona fide employees of the construction contractor.
(2) Lumber Camps. Occupancy for lumbering purposes may be permitted provided all the following conditions are found to apply:
(a) The location of said property is in an area where permanent housing is unfeasible;
(b) Trailer occupants are bona fide employees of a logging enterprise.
(3) Mining Camps. Occupancy for mining purposes may be permitted on or near the property where any mine is located, provided the temporary housing is occupied for mining purposes.
15.4 Site Distance at Intersecting Streets. All intersections shall be free of visual obstruction for a distance of fifty (50) feet in any direction from the intersection.
15.5 Bed and Breakfast Inns. All bed and breakfast inns shall be subject to the following supplementary regulations.
a. The bed and breakfast inn must be the proprietor's actual residence.
b. Breakfast shall be the only meal served and shall only be served to registered guests.
c. There shall be no alteration to the exterior of the structure which would change the character thereof. Any alteration to the exterior of the structure which is for the purpose of increasing the number of guest rooms shall be reviewed as a conditional use.
d. The number of guest rooms shall be limited to seven (7).
f. Signs shall be of rustic wood with recessed lettering, illuminated by hooded spot lights directed at the sign. Signs shall be mounted or hung on wooden posts, and only one sign per establishment shall be permitted. Moving signs and flashing oscillating lights shall be prohibited. Maximum area of the sign shall be twelve (12) square feet.
15.6 Lighting.
Any exterior lighting for any use shall be arranged and shielded so that the light source cannot be seen from adjacent roads or property and so that no direct beams fall upon other private property. All existing lights must be in compliance with the terms of this Regulation within one (1) year of the date of its adoption.
15.7 Exterior Appearance.
All single family homes, (except those that are approved through the conditional use permit process to house persons who labor on the same land unit on which such buildings are situated) in the Bridger Canyon Zoning District shall meet the following standards:
a. No residential building shall exceed thirty-five (35) feet in height.
b. Minimum width of the main portion of any dwelling unit shall be twenty (20) feet.
c. The pitch of the main structure shall be not less than one (1) foot of rise for every four (4) feet of horizontal run.
d. All dwellings shall be built on mortared block or concrete foundations. Adequate openings for access and ventilation shall be provided in each foundation.
e. Metal siding shall run in a horizontal direction and shall be lapped. Wood siding may run in either a horizontal, vertical or diagonal direction.
f. All dwelling units manufactured substantially or entirely off-site shall meet current Department of Housing and Urban Development guidelines.
15.8 Bridger Bowl Base Area Employee Housing
Intent: Employee housing is intended to serve as a residence for seasonal Bridger Bowl Base Area employees. All employee housing in the Bridger Bowl Base Area shall be subject to the following supplementary regulations. Plans and renderings required by this section shall be submitted as part of the conditional use permit process.
a. All employers of ten or more full time equivalent employees are required to provide housing for a minimum of 10% of their employees. Calculation of the total number of employees that will be generated shall be based on the following:
Retail 2 emp. units/1,000 sq. ft.
Service 2 emp. units/1,000 sq. ft.
Restaurants/Bars 1 emp. unit/500 sq. ft.
Offices 2 emp. units/1,000 sq. ft.
Overnight Accommodations 1 emp. unit/5 rooms
Ski Lift 1 emp. unit/60 persons of lift capacity per hour
For uses not listed, the provisions of Section 4.5 shall apply.
b. The table provided in (a) is based on peak seasonal use. Subject to approval by the Zoning Commission, employers may enter into written agreements to share employee units on a seasonal basis. Written agreements shall be filed in the office of the Gallatin County Clerk and Recorder.
c. Employee housing shall contribute to the image of a cohesive development by incorporating consistent design elements, including building scale and form. Employee housing shall be subject to the design review criteria set forth in Sections 10.9 and 11.9.
d. There shall be a minimum of 150 net livable square feet of living area per person. Net livable square footage does not include interior or exterior hallways, parking, patios, decks, common lounges, laundry rooms, mechanical areas and storage.
e. Bathrooms shall be shared by no more than four persons, contain one toilet, one lavatory, one bathtub with a shower and a total area of at least 60 square feet.
f. Efficiency and studio employee housing units kitchen facilities shall contain a sink, stove and refrigerator, shall be shared by no more than four persons and shall contain at least 60 square feet.
g. Twenty square feet of enclosed storage per employee shall be provided either within or adjacent to the unit.
h. Employee housing shall be located within walking distance of the job site or shuttle service shall be provided.
i. Employee housing units are excluded from the limitation of 800 density rights as set forth in the Bridger Bowl Base Area Plan.
j. For phased developments, employee housing can also be completed in phases. For each phase, employee housing must be provided in accordance with the number of employees generated.
k. Employee housing shall be owned by employers or by an employers consortium and shalll be leased or included as wages. Employee housing shall be occupied only by persons who work in the Base Area and their families.
All signs within the districts shall be subject to the following requirements. No blinking, neon, temporary or portable signs shall be permitted in the Bridger Canyon Zoning District. Signs shall be made of wood, be rustic in appearance, and shall only be illuminated indirectly. All existing signs must be in compliance with the terms of this Regulation within one (1) year of the date of its adoption.
a. AE District.
(1) Planned unit developments or subdivisions: one (1) identification sign, not to exceed sixteen (16) square feet.
(2) Agricultural Uses: One (1) sign no larger than twenty (20) square feet.
(3) Residential Uses: One (1) identification sign, no larger than six (6) square feet.
(4) Real Estate for sale signs: no larger than six (6) square feet.
b. RF District.
(1) Planned unit developments or subdivisions: One (1) identification sign, not to exceed sixteen (16) square feet.
(2) Recreation or Forestry Uses: One (1) sign no larger than twenty (20) square feet.
(3) Residential Uses: One (1) identification sign, no larger than six (6) square feet.
(4) Real estate for sale signs: no larger than six (6) square feet.
c. B-1 District.
(1) One (1) free standing wooden sign no larger than fifty (50) square feet.
(2) An additional sign may be installed on the building and shall be no larger than fifty (50) square feet.
(3) Signs shall pertain only to a use permitted on the premises; shall not project above the highest point of the roof; shall be integral with the building, or shall be attached flat against the building, or shall be suspended entirely beneath the canopy portion of the building.
d. B-2, B-3, and B-4 Districts.
(1) The aggregate area of sign(s) shall not exceed one (1) square foot for each linear foot of building frontage, but shall in no case exceed one hundred (100) square feet.
(2) Signs shall pertain only to uses permitted on the premises; shall not project above the highest point of the roof; shall be integral with the building or attached flat against the building, or shall be suspended entirely beneath the canopy portion of the building.
e. PLE District.
One (1) identification sign, no larger than twenty (20) square feet.
f. PUD.
Sign regulations shall be the same as in the underlying zone.
17.1 Employees and Officers. In accordance with Section 76-2-102 of the Revised Codes of Montana, the Bridger Canyon Planning and Zoning Commission is hereby authorized to appoint and hire such employees and officers as shall be necessary to carry out the provisions of this regulation, including a Zoning Enforcement Agent.
The Zoning Enforcement Agent may be an employee of the County of Gallatin and if so, shall perform duties hereunder without renumeration in excess of his regular salary.
17.2 Building Permits. No structure shall be built, moved or structurally altered until a building permit has been issued by the Planning and Zoning Commission or their agent. The fee for building permits shall be determined by the Planning and Zoning Commission. Structures less than 100 square feet in size do no require a building permit, but must be in conformance with setback and other requirements.
17.2.1 Building permits shall be issued only for uses in conformance to these regulations, upon approved conditional use permits or variances, and where authorized by the Planning and Zoning Commission.
17.2.2 Building permits shall be in writing and shall be in such form as is specified by the Planning and Zoning Commission.
17.2.3 For buildings which clearly comply with all of these regulations building permits may be issued by the Zoning Enforcement Agent in the name of the Planning and Zoning Commission.
17.2.4 In the event a prospective building does not comply with the provisions of this regulation, the prospective permittee shall apply to the Planning and Zoning Commission for a variance.
17.2.5 Building permits shall expire one (1) year from the date of issuance. For an extension of the permit, a letter of request shall be submitted prior to the expiration date noting any alterations in the plans as approved on the original permit.
17.2.6 Where new sanitary facilities or the extension of the existing sanitary facilities are contemplated, a building permit shall not be issued until the builder has first obtained a sewer permit from the County Health Department or approval of sanitary facilities from the State Department of Health, whichever is appropriate.
17.3 Conditional Use Permits and Variances. Provisions of this subsection shall regulate the issuance of conditional use permits and variances.
17.3.1 Variances. Variances from the terms of this Zoning Regulation shall be granted only if it is found that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Zoning Regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
17.3.2 Conditional Use Permits. Conditional Use Permits shall be issued only by the Bridger Canyon Planning and Zoning Commission and may be issued for any of the uses as set forth in this Regulation. Such permit may be granted only if it is found that the establishment, maintenance, or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort and general welfare of the Bridger Canyon Zoning District.
17.3.3 Permits, Terms of Issuance. A conditional use permit or variance may be issued for a revokable, temporary, permanent or term period. It may contain such conditions as are authorized by State statute and this Regulation, including but not limited to:
a. Requiring dedication of rights-of-way;
b. Requiring improvements of rights-of-way;
c. Requirements for landscaping to protect adjoining property;
(1) If landscaping is required, security shall be provided to ensure that the landscaping is properly installed. Such security shall be in the form of a certificate of deposit or a certified check in the amount equal to 110% of the estimated cost of the landscaping, as approved by the Zoning Enforcement Office, to ensure that the landscaping is installed and maintained for a period of one (1) year. The security and any interest shall be returned one (1) year after the installation of landscaping, if the landscaping has been maintained. The required security shall not be reduced or paid out if the landscaping has not been maintained.
d. Regulation of placement of uses on the property.
e. Regulation of height.
f. Regulation of the nature and extent of the use.
g. Regulation of the length of time which such use or variance may be permitted.
17.3.4 Security. The Planning and Zoning Commission may in most cases, require guarantees in the form of bonds, cash deposits , certificates of deposit, or certified checks in order to secure compliance with conditions imposed.
17.3.5 Procedure for Issuance. Application:
a. All applications for conditional use permits or variance shall be filed with the Gallatin County Planning Office, accompanied with the appropriate filing fee.
b. If an application for conditional use permit or variance is rejected on its merits by the Planning and Zoning Commission, no further application for a permit for the same use on the same property may be filed for a period of one (1) year from the effective date of such denial except as provided in subsection (c) below.
c. A further application may be filed by such applicant for such use on such property within such one (1) year period with the permission of the Bridger Canyon Zoning Commission. Such permission shall be granted only if the applicant can show a substantial change of conditions from those existing at the time of such previous denial.
17.3.6 Notice of Hearing. Whenever an application for a conditional use permit or variance is filed, a public hearing thereon shall be held within sixty (60) calendar days after the filing of the application. At least fifteen (15) days before such hearing, the Planning and Zoning Commission shall give:
a. Mail notice to all persons owning property within 300 feet of the exterior boundaries of the area occupied or to be occupied by the use for which the permit is sought, or
b. Give notice by publishing notice of hearing two (2) times in the newspaper of general circulation in this county.
17.3.7 Decision: After completion of the public hearing, the Planning and Zoning Commission shall make its decision in writing, which decision shall include findings of fact as to whether the criteria established for the issuance of a permit are satisfied.
17.3.8 Revocation and Modification. Conditional use permits and variances are revokable:
a. By operation of law:
(1) Lapse of time. Unless otherwise specifically provided by the Planning and Zoning Commission at the time of issuance of the conditional use permit or variance all conditional use permits and variances granted for an indefinite term which have not been utilized by engaging in the activity or use authorized thereby within one (1) year after the date of issuance shall automatically expire by operation of law. The date of issuance shall be the date that the conditional use permit or variance become effective.
(2) Expiration. All conditional use permits issued for a definite term shall
automatically expire at the end of the term.
(3) Re-zoning. Notwithstanding subparagraphs (1) and (2) above, all conditional use permits and variances which have not been utilized by engaging in the authorized use on the site by the date any zoning Regulation becomes effective which re-zoned the property to provide for use regulations inconsistent with that authorized by the permit or variance shall automatically expire on that date by operation of law.
(4) For purposes of subparagraph (a) above, a conditional use permittee or a variance permittee shall not be considered as engaging in the authorized use on the site until the following conditions are satisfied:
(a) Buildings proposed for construction in connection with the proposed use are in the process of actual construction on the site, or
(b) If remodeling proposed for existing buildings in connection with the proposed use has actually been commenced on the site, or
(c) If no construction or remodelling is contemplated and the permittee is regularly engaged on the site in performing the services or in selling the goods, materials, or stocks in trade of the use, and has secured all necessary federal, state and local permits and licenses.
(d) Planned unit developments: A survey of the property has been filed.
b. Upon notice and hearing. Permits and variances may be revoked or modified by the Zoning Commission:
(1) If there has been:
(a) A substantial change of conditions from those at the time the permit or variance was granted.
(b) Revocation or modification is necessary to protect the health, safety, and welfare of the area in which the subject property is situated or the residents of the county, to preserve the integrity of existing use patterns in the area in which the subject property is situated, or
(2) If the person holding the permit or variance has not complied with the conditions upon which it was issued. Modification or revocation may only be had after following the public hearing requirements of this Regulation. Appeals from modification or revocation shall be governed by the public hearing requirements of this Regulation.
17.3.9 Building Permits. No building permit shall be issued other than in accordance with the conditions and terms of the conditional use permit or variance. No building permit shall be issued until time for appeal on a conditional use permit or variance has elapsed and all appeals finally decided. Construction shall begin within one (1) year of the date the permit is issued or the permit is automatically void.
17.3.10 Extension of Permits.
a. Not later than thirty (30) days prior to the expiration of a conditional use permit, the holder thereof may file written application with the Planning and Zoning Commission requesting an extension of time and setting forth the reasons for such request. Each application shall be accompanied by the appropriate fee.
b. Within five (5) days from receipt of such application for extension, the Planning and Zoning Commission shall send a notice of such application by mail to persons, or their successors in interest of record in the County Assessor's Office, who received mailed notice of the original application from the Planning Department. Attached to such application shall be a notice that any person objecting to such extension shall, within fifteen (15) calendar days from the date of posting, notify the granting authority of such objection.
c. If any objection is received from those notified, extension request will be held according to the public hearing requirements of this Regulation.
d. If no objection is received, the Planning and Zoning Commission may extend the permit or variance for a period of time equivalent to the original period for which granted, or for one (1) year, whichever is shorter.
e. An extension may only be granted upon finding of fact by the Planning and Zoning Commission that there has been no change of condition or circumstances would have been grounds for denying the original application.
17.3 Enforcement.
a. Permits, When Void. All departments, officials, and employees of Gallatin County which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Regulation and shall issue no such permits or licenses for uses, building, or purposes where the same would be in conflict with the provisions of the Regulation and any such permits or licenses, if issued in conflict with the provisions of the Regulation, shall be and the same is hereby declared to be null and void.
b. Enforcement. It shall be the duty of the Planning and Zoning Commission, its officers, agents and employees to enforce the provisions of this Regulation pertaining to the erection, construction, re-construction, moving, conversion, alteration, or addition to any building or structure. It shall be the duty of all officers of said County herein or otherwise charged by law with the enforcement of County Ordinances to enforce this Regulation and all the provisions of the same.
c. Injunction. Upon order of the Board of Commissioners, the County Attorney shall bring an action in the name of the County of Gallatin in the District Court to enjoin violations of this Regulation.
d. Remedies, Cumulative. The remedies provided for herein shall be cumulative and not exclusive.
17.4 Appeals.
a. Appeals from the decision of the Zoning Enforcement Agent concerning interpretation of this Regulation may be taken in writing to the Planning and Zoning Commission.
b. Appeals from any decision of the Zoning Enforcement Agent may be taken within five (5) working days, in writing, to the Planning and Zoning Commission.
c. A public hearing shall be held on any appeal only if the matter appealed was required by the terms of this Regulation to be decided after holding a public hearing. Notice of such hearing shall be as set forth in Section 17.3.6 herein.
d. Any person aggrieved by any decision of the Planning and Zoning Commission, may within thirty (30) days after such decision or order, appeal to District Court.
17.5 Amendments.
a. This Regulation may be amended whenever the public necessity and convenience and the general welfare require such amendment and according to the procedure prescribed by law, and this Regulation.
17.5.1 An amendment may be initiated by:
a. The petition of one or more land owners of property affected by the proposed amendment, which petition shall be signed by petitioning land owners and shall be filed with the Gallatin County Planning Office, and shall be accompanied by the appropriate fee payable to the County of Gallatin, no part which shall be returnable to the petitioner; or by
b. Resolution of intention of the Board of County Commissioners or
c. Resolution of intention by the Planning and Zoning Commission.
17.5.2 Such amendment shall not become effective until after a public hearing has been held before the Zoning Commission, legal notice of which shall have been given in a newspaper of general circulation in the county not less than fifteen (15) days prior to date of hearing.
If any section, subsection, subdivision, sentence, clause, paragraph, or phrase of this regulation or any attachments hereto is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of these regulations to render the same operative and reasonably effective for carrying out the main purpose and intention of the regulations.
1. Fees - All applications for permits, zone changes, conditional uses, or variances shall be accompanied by the applicable fees, which shall be established by the Planning and Zoning Commission by resolution after public notice and hearing.
No permit, zone change, conditional use, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Planning and Zoning Commission, unless, or until, preliminary charges and fees have been paid in full.
The intent of these zoning regulations is not to prevent particular activities, but rather to regulate and promote the orderly development of the area. Nor are these regulations set up to prevent the full utilization of lands used for grazing, horticulture, agriculture, or for the growing of timber. Nothing in these regulations shall be deemed to authorize an Regulation, resolution, rule, or regulation which would prevent the full utilization of lands used for grazing, horticulture, agriculture, or for the growing of timber.
This entire regulation was adopted October 26, 1971, and amended on December 5, 1973, May 4, 1976, May 1, 1980, December 9, 1981, October 29, 1985, October 30, 1985, December 5, 1985, February 23, 1989, June 26, 1991, August 12, 1993, December 9, 1993 and January 26, 1999.
This regulation was amended by Resolution No. 1999 - 01 of the Gallatin County Zoning Commissioners on January 14, 1999, and by Resolution No. 1999 - 01 of the Gallatin County Commissioners on January 26, 1999.
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Gallatin County Zoning Commission: |
Gallatin County Commission: |
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Shelley Vance, Chairman |
William A. Murdock, Chairman |
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William A. Murdock, Member |
Phil Olson, Member |
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Jeffrey Krauss, Member |
Jennifer Smith Mitchell, Member |
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ATTEST: |
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Phil Olson, Member |
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Shelley Vance, Clerk & Recorder |
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Jennifer Smith Mitchell, Member |
THIS REGULATION WAS AMENDED BY RESOLUTION NO. 1995-46 OF THE GALLATIN COUNTY COMMISSIONERS ON AUGUST 22, 1995
THIS REGULATION WAS AMENDED BY RESOLUTION NO. 1996-4 OF THE GALLATIN COUNTY COMMISSIONERS ON JANUARY 16, 1996.
THIS REGULATION WAS AMENDED BY RESOLUTION NO. 1997-34 OF THE GALLATIN COUNTY COMMISSIONERS ON JULY 1, 1997.
THIS REGULATION WAS CORRECTED ON AUGUST 8, 1997, BY DIRECTION OF THE GALLATIN COUNTY ATTORNEY’S OFFICE TO CHANGE THE WORD “ORDINANCE” TO “REGULATION” THROUGHOUT THIS DOCUMENT.
THIS REGULATION WAS AMENDED BY RESOLUTION NO. 1999-01 OF THE GALLATIN COUNTY COMMISSIONERS ON JANUARY 26,1999.
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