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

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2.03.5 Conditional Uses (upon obtaining a Conditional Use Permit according to the provisions of Section 5.04) 1. Bed and Breakfast 2. Day Care Home (Family) 3. Greenhouse, larger than 1500 square feet (building footprint) 4. Home Based Business 5. Auto Repair, Minor (a business operation) 6. Places of Worship 7. Guest Ranch 8. Equestrian Facility, Commercial 9. Non-agriculture structures over 32 feet and not within a naturally wooded area 10. Power Plant, Commercial (Wind, Solar, and Hydro Energy Generation) 11. Accessory structures (other than caretaker residence, guesthouse, or employee housing for authorized agriculture operations) over 2400 square feet (building footprint). 12. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the number of guestrooms up to the regulation limit. 13. Expansion or enlargement of an existing legal non-conforming structure. 14. Shooting Preserve (Upland Birds) 15. Essential Services (Type I and Type II) 2.03.6 Natural Resources Conditional Uses (upon obtaining a Natural resources CUP according to Section 5.05) 1. Natural resource development and mining uses 2.03.7 Development Density for Principal Uses 1. Each parcel (regardless of size) recorded at adoption of these Regulations has one (1) development right to be used according to the principal uses allowed in the District. 2. The development density is 1:40. 3. Each 160-acre parcel has one (1) development right (principal development right) and three (3) additional development rights that may only be used if the criteria pursuant to Cluster Subdivision Provision (Section 4.01) are met. The principal development right and the additional development rights may be transferred to a designated receiving area within Gallatin County pursuant to the Transfer of Development Rights Provision (TDR) of Section 4.02. The principal and additional development rights are equal to two (2) TDRs each, but only if transferred off the property within the sending area. A maximum of eight (8) development rights for transfer is possible if all development rights are removed from the 160-acre parcel within the sending area and transferred to a designated receiving area within Gallatin County. Reese Creek Zoning District Regulations and Map 17 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
4. At adoption of these Regulations, each recorded parcel that is within 10 percent of the 160-acre minimum parcel size qualifies as a 160-acre parcel for development rights. Parcels that qualify include those between 144 to 159 acres. 5. For parcels larger than 160 acres, one (1) additional development right is available for every increment of 40 acres or portions of an increment that is within 10 percent of 40-acre minimum (36 to 39 acres). 6. Each parcel recorded at adoption of these Regulations that is developed with a single-family dwelling is considered to have used the principal development right. 7. The minimum lot size that may be created after adoption of these Regulations is 160 acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster Subdivision Provision (Section 4.01). The cluster subdivision created pursuant to the Cluster Subdivision Provision is limited to a maximum of 15 percent of the parcel, or 24 acres for a 160-acre parcel. 8. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels larger than five (5) acres may have up to three (3) accessory structures. A detached accessory dwelling is an accessory structure. 2.03.8 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.) 2.03.9 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 Reese Creek Zoning District Regulations and Map 18 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 and 10: 1.04 Invalidation and Severability
Page 11 and 12: 11. Expansion or enlargement of an
Page 13 and 14: 2.02 Agricultural and Rural Residen
Page 15 and 16: 5. Parcels larger than 80 acres, on
Page 17: 2.03 Rural Residential and Wildlife
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
Page 63 and 64: Bedroom. Any room used for sleeping
Page 65 and 66: that the described land shall remai
Page 67 and 68: an intermittent or continuous natur
Page 69 and 70:
Feed Lot. An animal enclosure where
Page 71 and 72:
Growth Policy, Gallatin County. The
Page 73 and 74:
Levee. A manmade embankment, usuall
Page 75 and 76:
Mineral Rights. One of a number of
Page 77 and 78:
adjacent to surface waters is not c
Page 79 and 80:
Recreational Vehicle (RV). A vehicu
Page 81 and 82:
Sign. Any device, fixture, placard,
Page 83 and 84:
structure by a common wall, such ac
Page 85 and 86:
Violation. The failure of a structu
Page 87 and 88:
7.00 MAP Reese Creek Zoning Distric
Page 89 and 90:
RECOMMENDATIONS TO MITIGATE WILDFIR
Page 91 and 92:
Hen and Chicks Iris Creeping Thyme
Page 93 and 94:
Slope affects the size if defensibl
Page 95 and 96:
APPENDIX B ORDINANCE NO. 2004-017 O
Page 97 and 98:
oadways within Gallatin County. B.
Page 99 and 100:
A violation of this Ordinance, or p
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APPENDIX C - PROPOSED REPLACEMENT S
Page 103:
4.02.9 Future Expanded TDR Programs
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