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

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5.00 ADMINISTRATIVE PROVISIONS 5.01 Administration 5.01.1 Intent. The intent of these Regulations is to regulate and promote orderly development. 5.01.2 Zoning Enforcement Agent. The Zoning Enforcement Agent supervises and enforces the provisions of these Regulations pursuant to MCA §76-2-210. This consists of, but is not limited to, issuing land use permits, enforcing violations and reviewing applications for conditional use permits, variances, rezoning requests and amendments to these Regulations. 5.01.3 Code Compliance Specialist. The Code Compliance Specialist ensures compliance with the provisions of these Regulations in conjunction with the Zoning Enforcement Agent. This consists of, but is not limited to, revoking land use permits, issuing cease and desist orders, requiring removal/ dismantling of structures, determining compliance with these Regulations, and issuing fines. All decisions made by the Code Compliance Specialist follow the same administrative and appeals procedures as that of the Zoning Enforcement Agent. 5.01.4 Advisory Committee. The County Commission may create a non-remunerative advisory committee, of up to five (5) members, to make recommendations within the District. Members are freeholders in the District. Advisory Committee members are appointed for two- (2) year staggered terms. Initially, two (2) members are appointed for one- (1) year terms and three (3) members are appointed for two- (2) year terms. Advisory Committee recommendations are advisory only and are not binding upon the Commission. Advisory Committee meetings are open to the public and noticed accordingly. The Advisory Committee may also notify the Zoning Enforcement Agent of alleged violations within the District. 5.01.5 Board of Adjustment. Pursuant to §76-2-221, MCA, the County Commission shall appoint a five-member Gallatin County Consolidated Board of Adjustment (“BOA”). The Gallatin County Consolidated BOA shall have jurisdiction over all matters within the Reese Creek Zoning District within the BOA’s powers. Those powers shall be: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these Regulations. 2. To hear and decide variances (special exceptions) to these Regulations that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these Regulations will result in an unnecessary hardship, and so that the spirit of these Regulations is observed and substantial justice done. (Amended: County Commission Resolution No. 2007-123) Reese Creek Zoning District Regulations and Map 41 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
3. In exercising the above mentioned powers, the BOA may, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or administrative determination made by the Planning Director appealed and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all of the powers of the officer from whom the appeal is taken, (MCA §76-2-223). The concurring vote of three members of the BOA shall be necessary to grant a variance, reverse any order, requirement, decision, or determination of any such administrative official (MCA §76-2-224). 5.01.6 County Planning Board. The 11-member Gallatin County Planning Board (Planning Board) consists of resident freeholders serving in an advisory capacity to the County Commission. The Planning Board’s role is to make recommendations on the revision of boundaries and the amendment of regulations (MCA §76-2-204 and MCA §76-2-205). 5.01.7 County Commission. The County Commission reserves the right to, after public notice and hearing, deny, approve or conditionally approve all conditional use applications. 5.01.8 Schedule of Fees. The County Commission sets fees for all applications; including but not limited to land use permits, zone changes, conditional use permits, and variances. The County Commission will not take action on an item until fees are paid in full. Fees are non-refundable. Reese Creek Zoning District Regulations and Map 42 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 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: 4.02 Transfer of Development Rights
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
Page 101 and 102:
APPENDIX C - PROPOSED REPLACEMENT S
Page 103:
4.02.9 Future Expanded TDR Programs
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