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

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5.05.5 Conditional Approval. Final Application for a Natural Resources CUP may be approved, conditionally approved or denied by the County Commission. If a Final Application is denied, the denial shall constitute a finding that the applicant has failed to sufficiently demonstrate that the conditions required for approval do exist. The County Commission shall make the granting of the Natural Resources CUP subject to reasonable limitations or conditions as it may deem necessary to protect the health, safety and welfare of the citizens of the County and District; to mitigate or avoid any and all adverse impacts on nearby property, residents, groundwater, streams and wetlands; to ensure that resource exploration and development occurs in a responsible manner and contributes and guarantees payment of an appropriate share of the costs for public services and facilities; and to make the proposed Natural Resource conditional use more compatible and consistent with the Reese Creek Zoning Regulations and the Gallatin County Growth Policy. Said conditions may include but not be limited to the following: a. Specific requirements for vehicular ingress and egress. b. Specific requirements of hours of operation. c. Specific requirements for the discharge of groundwater and surface water. d. A fee for discharged effluent, based upon one and one-half times the total estimated or actual costs of all environmental cleanup or mitigation performed by or for any public agency, in order to achieve compliance with these Regulations. e. Specific requirements for control of odors, smoke, dust, airborne particles, vibration, glare and noise emissions from point and non-point sources. f. Specific requirements for placement and height of structures required for the conditional use on the subject property. g. Specific requirements for dedication, improvements and/ or maintenance of rightsof-way. h. Limitation of length of time or term such conditional use may be permitted. i. Conditions for the approval may include changes to the Development Plan based upon information and data from the ElS and the public hearing(s) and the written comments from the public, so as to improve environmental and property protection. j. The County Commission shall impose conditions requiring the applicant to use best available low-impact technologies, such as aquifer recharge, clustered development, directional drilling, mufflers for compressor stations, discharge water desalination, infiltration or treatment, etc., to minimize impacts on underground water reserves, rivers and streams, and surface resources. k. The County Commission shall impose conditions requiring the applicant to guarantee complete reclamation of all disturbed areas. This guarantee shall be accomplished by requiring, in addition to the Monitoring Performance Bond, supra, an applicant for any mineral, oil and gas exploration or extraction, along with all contactors and subcontractors to post separate site-specific performance bonds for each tract of property affected by the proposed Natural Resources CUP. Said performance bonds shall be approved by the Gallatin County Attorney, payable to Gallatin County, and shall be equal to or greater than the current value of the property plus the potential cleanup cost of any resultant air, land or water pollution or degradation, as estimated by the required Development Plan and Environmental Reese Creek Zoning District Regulations and Map 53 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
Impact Study. Failure to maintain adequate performance bonding shall be cause for revocation of the Natural Resources CUP. 5.05.5 Expiration/ Extension. The County Commission may issue a Natural Resources CUP for a definite term. Extensions can be obtained through written application with accompanying fee made at least thirty (30) days prior to expiration. A public hearing will be held and adjacent property owners will be notified by certified mail. Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation. Reese Creek Zoning District Regulations and Map 54 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 and 50: 5.04 Conditional Use Permits 5.04.1
Page 51 and 52: 5.05 Natural Resources Conditional
Page 53: 2. The EIS shall include: a. Apprai
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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