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

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5.04.4 Procedure. All CUP applications shall be submitted to the Planning Department on the required form with the accompanying fee. A hearing on the matter is scheduled before the County Commission and they shall either approve or deny the application based on the facts. The County Commission may impose reasonable conditions, as it may deem necessary to mitigate project impacts. Use cannot commence until all conditions have been met. 5.04.5 Notice. Notice of the public hearing shall be published at least once fifteen (15) days prior to the hearing in a newspaper of general circulation. Adjacent property owners shall be noticed by certified mail. 5.04.6 Issuance of Land Use Permits. No land use permit shall be issued other than in accordance with the conditions and terms of the conditional use permit. No land use permit shall be issued until time for appeal on a conditional use permit has elapsed, or if an appeal has been filed, the appeal has been decided. 5.04.7 Revocation or Modification. The County Commission may revoke or modify a CUP under the following circumstances (under the procedure described above): 1. If circumstances have changed substantially since original approval. 2. Revocation or modification is necessary to protect the health, safety, or welfare of the area, or is necessary to preserve the integrity of existing use patterns in the area. 3. The person holding the permit has not complied with the required conditions, or has not materially changed their position by detrimentally relying on said permit. 5.04.8 Expiration/ Extensions. The County Commission may issue a CUP for a definite term. Extensions can be obtained through written application made thirty (30) days prior to expiration, with accompanying fee, and notification sent to adjacent property owners. An extension shall be granted if no objection is received. A public hearing will be held if objection is received. Reese Creek Zoning District Regulations and Map 49 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
5.05 Natural Resources Conditional Use Permit 5.05.1 Natural Resources Conditional Use Permit (CUP) Requirements. In addition to any applicable requirements in Section 5.04, any natural resource development or mining (such as exploration, development, and recovery operations relating to oil and gas, coal bed methane production including test wells, production wells, compressor stations, etc.; commercial quarries; surface and underground mining; and commercial logging or timber harvest) shall require review under the Natural Resources CUP process described in these Regulations. The County Commission may grant such permit only if it is found that: a. The use conforms to the objectives of the Gallatin County Growth Policy and the intent of these Regulations. b. The use will not adversely affect nearby properties, residents, groundwater, streams and wetlands. c. That non-renewable resource exploration and development occurs in a responsible manner. d. The use contributes and guarantees payment of an appropriate share of the costs for public services and facilities. e. That adequate financial security, as determined by the Gallatin County Attorney, has been provided to mitigate any such adverse effect. f. The use meets density, coverage, yard, height, and all other regulations of the District in which it is located, unless otherwise provided in these Regulations. g. The use meets all other applicable federal, sate, and local regulations. h. A public hearing, after notice has been given, has been held. 5.05.2 Preliminary Application. Applicant shall submit a preliminary application, accompanied by the appropriate fee, to the Planning Department, including all required components as follows: 1. Twelve (12) copies of a completed conditional use permit application form and an Initial Development Plan, prepared by the applicant or applicant’s agent. Said plan, which shall be the preparatory basis for the Environmental Impact Study, shall address all of the following: a. Cover letter describing project and submittal material. b. Copy of all associated mineral leases. c. Copy of all applicable orders from the Montana Board of Oil and Gas Conservation, and with associated stipulations. d. Name and location of all water wells, springs, and surface water within a one-and-half mile radius of proposed site. e. Detailed site inventory map and site development plan (1” = 50’), to include all existing and proposed structures, well pad location(s), rightsof-way, fencing, lighting, pipelines, pertinent surface features, areas of wildlife and wildlife habitat, and all development and mitigation measures associated with the application. Applicant shall submit color photos of well location and of area from proposed well to north, south, east, and Reese Creek Zoning District Regulations and Map 50 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 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: 5.04 Conditional Use Permits 5.04.1
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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reese creek zoning district regulations and map - Gallatin County ...

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