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

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5.06 Variances 5.06.1 Intent. It is the intent of this section to provide a process for relief from the occasional inequities created by the physical standards of these Regulations when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of the property owing to physical circumstances unique to that parcel. In addition, the intent of this section is to prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety and welfare. No variance shall be granted to allow the use or development of property for a purpose not authorized within the zone in which the proposed development would be located. 5.06.2 Criteria. In granting a variance, the Board of Adjustment (BOA) shall issue findings setting forth factual evidence that the variance: 1. Will observe the intent and purpose of these Regulations, including the Gallatin County Growth Policy, and do substantial justice. 2. Will not be injurious to the public health, safety, and general welfare. 3. Will not be contrary to and will serve the public interest. 4. Is necessary, owing to conditions unique to the property, to avoid unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of these Regulations: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include slope, presence of watercourses, after-the-fact imposition of additional regulations on previously lawful parcels, and governmental actions outside of the owner’s control. 5. Is the minimum relief necessary to provide reasonable use of the property. 5.06.3 Procedure. All variance 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 BOA, and the BOA shall either approve or deny the application based on the facts. The BOA may impose reasonable conditions, as it may deem necessary to mitigate project impacts. The concurring vote of three members of the BOA shall be necessary to decide in favor, wholly or partly, of any variance from these Regulations. 5.06.4 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. Reese Creek Zoning District Regulations and Map 55 F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc
5.07 Amendments 5.07.1 Intent. These Regulations and the boundaries of the zoning map may be amended or revised whenever the public health, safety and general welfare requires such amendment. Amendments shall follow the procedure prescribed by MCA §76-2-201 et seq.), and these Regulations. 5.07.2 Procedure. An amendment may be initiated by submittal of one of the following to the Planning Department: 1. The petition of (1) or more landowners in the District. The petition shall be filed on the required application and accompanied by the required fee; or 2. Resolution of intention of the County Commission; or 3. Resolution of intention of the Planning Board. 5.07.3 Planning Board. The Planning Board shall make recommendations on the revision of boundaries and the amendment of these Regulations to the County Commission. 5.07.4 Hearing. The County Commission shall consider all proposed amendments at a public hearing. The County Commission may adopt the amendment in accordance with the procedure prescribed by MCA §76-2-205. 5.07.5 Notice. Notice of the public hearing shall be published in a newspaper of general circulation pursuant to MCA §76-2-205. Reese Creek Zoning District Regulations and Map 56 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 and 54: 2. The EIS shall include: a. Apprai
Page 55: Impact Study. Failure to maintain a
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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