reese creek zoning district regulations and map - Gallatin County ...

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2.00 ZONING DISTRICT PROVISIONS 2.01 Rural Residential District, One Dwelling per 40 Acres (RR-40) 2.01.1 Intent. The intent of this District is to: Preserve scenic resources, views and provide adequate open space. Conserve and protect agricultural lands and agricultural livelihood. Conserve and protect wildlife habitat. Ensure high water quality and quantity standard. Preserve the rural residential character. Allow for development compatible to agriculture and rural residential uses. Promote public health, safety and general welfare. 2.01.2 Tracts of Record. All legal tracts of land on record with the Office of the Clerk and Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses by right (principal uses) and conditional uses of the RR-40 District designation with an approved Conditional Use Permit (CUP). 2.01.3 Uses By Right/ Principal Uses 1. Agriculture 2. Dwelling (Single-Family) 3. Accessory Dwelling 4. Accessory Structure 5. Excavation for Personal Use 6. Home Occupation 7. Greenhouse, up to 1500 square feet (building footprint) 8. Equestrian Facilities, Personal 9. Power Plant, Personal 2.01.4 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of Section 5.04) 1. Bed and Breakfast 2. Day Care Home (Family) 3. Greenhouse, larger than 1500 square feet (building footprint) 4. Home Based Business 5. Auto Repair, Minor (a business operation) 6. Places of Worship 7. Non-agriculture structures over 32 feet and not within a naturally wooded area 8. Power Plant, Commercial, (Wind, Solar, and Hydro Energy Generation) 9. Accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint). 10. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the number of guestrooms up to the regulation limit. Reese Creek Zoning District Regulations and Map 9 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
11. Expansion or enlargement of an existing legal non-conforming structure. 12. Essential Services (Type I and Type II) 2.01.5 Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP according to the provisions of Section 5.05 1. Natural resource development and mining uses 2.01.6 Development Density for Principal Uses 1. Each parcel recorded at adoption of these Regulations has one (1) development right for an allowable principal use (such as one (1) dwelling per parcel). 2. The minimum lot size is 40 acres that may be created by subdivision. 3. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels larger than five (5) acres may have up to three (3) accessory structures. A detached accessory dwelling is an accessory structure. 2.01.7 Use of Subdivision Exemptions (MCA §76-3-207 1. Pursuant to MCA §76-3-207(1) (c), division of land made by the property owner(s) for the exclusive use of agricultural purposes shall be exempt from the minimum parcel size requirements. The use of an agricultural exemption shall not be allowed if the original parcel, after the division of the agricultural parcel, does not comply with zoning requirements. 2. Pursuant to MCA §76-3-207(1)(a), a division of land made outside of platted subdivisions for the purpose of relocating common boundaries between adjoining properties shall be exempt from the minimum parcel size requirement if there is no resulting change in any and all of the parcels. (Example: A north/south common boundary can be changed to an east/west orientation by relocating the common boundary without a net change to the original parcels sizes.) 2.01.8 Required Setbacks 1. Property Lines 25 feet 2. Springhill Road 50 feet 3. Rocky Mountain Road 50 feet 4. Gee Norman Road 50 feet 5. Reese Creek Road 50 feet 6. Bear Creek Road 50 feet 7. Creeks (named and unnamed); rivers; ditches; channels; Reese Creek Zoning District Regulations and Map 10 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
Page 1 and 2: REESE CREEK ZONING DISTRICT REGULAT
Page 3 and 4: 1.00 GENERAL PROVISIONS 1.01 Title,
Page 5 and 6: 1.02 Application of District Regula
Page 7 and 8: 1.03 Intent and Purpose 1.03.1 Thes
Page 9: 1.04 Invalidation and Severability
Page 13 and 14: 2.02 Agricultural and Rural Residen
Page 15 and 16: 5. Parcels larger than 80 acres, on
Page 17 and 18: 2.03 Rural Residential and Wildlife
Page 19 and 20: 4. At adoption of these Regulations
Page 21 and 22: 2.04 Neighborhood Business District
Page 23 and 24: 3. Submittal of a Site Plan that: a
Page 25 and 26: 3.00 GENERAL BUILDING AND DEVELOPME
Page 27 and 28: 2. The number of bedrooms available
Page 29 and 30: 13. All guest ranch facilities shal
Page 31 and 32: 1. Lighting fixtures shall be locat
Page 33 and 34: j. Slopes of 40 percent or greater
Page 35 and 36: 3.01.24 Utilities. Any new and/ or
Page 37 and 38: 4.01.4 Authorized Development Right
Page 39 and 40: 8. Parcels undeveloped may use the
Page 41 and 42: 4.02 Transfer of Development Rights
Page 43 and 44: 3. In exercising the above mentione
Page 45 and 46: 4. Any non-conforming use of land s
Page 47 and 48: 3. The Zoning Enforcement Agent and
Page 49 and 50: 5.04 Conditional Use Permits 5.04.1
Page 51 and 52: 5.05 Natural Resources Conditional
Page 53 and 54: 2. The EIS shall include: a. Apprai
Page 55 and 56: Impact Study. Failure to maintain a
Page 57 and 58: 5.07 Amendments 5.07.1 Intent. Thes
Page 59 and 60: 5.09 Complaints and Enforcement 5.0
Page 61 and 62:
6.00 DEFINITIONS 6.01 Definitions a
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Bedroom. Any room used for sleeping
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that the described land shall remai
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an intermittent or continuous natur
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Feed Lot. An animal enclosure where
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Growth Policy, Gallatin County. The
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Levee. A manmade embankment, usuall
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Mineral Rights. One of a number of
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adjacent to surface waters is not c
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Recreational Vehicle (RV). A vehicu
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Sign. Any device, fixture, placard,
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structure by a common wall, such ac
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Violation. The failure of a structu
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7.00 MAP Reese Creek Zoning Distric
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RECOMMENDATIONS TO MITIGATE WILDFIR
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Hen and Chicks Iris Creeping Thyme
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Slope affects the size if defensibl
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APPENDIX B ORDINANCE NO. 2004-017 O
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oadways within Gallatin County. B.
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A violation of this Ordinance, or p
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APPENDIX C - PROPOSED REPLACEMENT S
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4.02.9 Future Expanded TDR Programs
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