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.