Bridger Canyon Zoning Regulations

Bridger Canyon Zoning Regulations seek to preserve the rural character and the natural beauty and resources of Bridger Canyon and the State of Montana via the Bridger Canyon Rural Zoning District. The BCPOA(Bridger Canyon Property Owners Association) Planning and Zoning Committee vigorously defends the zoning regulations by testifying before the Bridger Canyon Planning and Zoning Commission on current issues related to development in our District. BCPOA would rather support good development than fight bad development after the fact. They know the zoning better than anyone, and will always be happy to help you design a project that works within the zoning and avoids difficulty in the approval process.

Bridger Canyon Zoning Regulations

BRIDGER CANYON
ZONING REGULATION
BRIDGER CANYON ZONING REGULATION
1
TABLE OF CONTENTS
PAGE
SECTION 1
Title, Creation and Adoption
4
SECTION 2
Purposes and Boundaries
5
SECTION 3
Definitions
6
SECTION 4
Establishment of Districts
12
SECTION 5
Application of District Regulations
15
SECTION 6
Agricultural Exclusive District (AE)
16
SECTION 7
Recreation and Forestry District (RF)
18
SECTION 8
Neighborhood Business District (B-1)
20
SECTION 9
Base Area Business District (B-2)
23
SECTION 10
Recreational Business (B-3)
27
SECTION 11
Base Area Recreation & Forestry District (B-4)
30
SECTION 12
Public Land and Institutions (PLI)
34
SECTION 13
Planned Unit Development (PUD)
35
Special Definitions
35
Uses Permitted
36
Land Use Intensity Factor
36
Standards for Development
36
Staged Development
40
Procedure for Approval
41
Transfer of Development Rights
41
Base Area Planned Unit Development
41
SECTION 14
Non-Conforming Right
45
Non-Conforming Lots
45
Building Sites Not in Conformance with Regulations
45
Non-Conforming Uses of Land
45
Non-Conforming Structures
46
BRIDGER CANYON ZONING REGULATION
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TABLE OF CONTENTS
(continued)
PAGE
SECTION 15
General Provisions
47
Utility Uses
47
Guest Facilities
47
Temporary Occupancy
47
Mobile Homes/Tepees
47
Site Distance at Intersecting Streets
48
Bed and Breakfast Inns
48
Lighting
49
Exterior Appearance
49
Bridger Bowl Base Area Employee Housing
49
SECTION 16
Signs
51
SECTION 17
PERSONAL WIRELESS SERVICE FACILITIES
53
SECTION 18
Administration
63
Employee and Officers
63
Land Use Permits
63
Conditional Use Permits
63
Variances
63
Enforcement
68
Appeals
70
Amendments
70
SECTION 19
Fees and Invalidation
71
SECTION 20
Intent
72
SECTION 21
Adoption
73
APPENDIX A
Natural Resources Conditional Use Permits
74
BRIDGER CANYON ZONING REGULATION
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SECTION 1 TITLE, CREATION AND ADOPTION
1.1
This Regulation shall be known as the “Bridger Canyon Zoning Regulation: and is adopted
for the Bridger Canyon Zoning District. Said district having been created by resolution of
the Board of County Commissioners, Gallatin County, Montana, July 12, 1971.
1.2
Pursuant to Section 76-2-101 et.seq. of the Revised Codes of Montana there is hereby
adopted a development pattern. Said development pattern shall consist of the Bridger
Canyon General Plan and the Bridger Canyon Zoning Regulation.
1.3
Pursuant to Section 76-2-101 et.seq. of the Revised Codes of Montana there has been
created a Planning and Zoning Commission for the Bridger Canyon Zoning District which
shall consist of the three (3) County Commissioners, the County Surveyor, and the County
Assessor.
1.3.1 The Bridger Canyon Planning and Zoning Commission shall have all the powers
compelled upon it by the laws of the State of Montana and by this Regulation.
BRIDGER CANYON ZONING REGULATION
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SECTION 2 PURPOSES AND BOUNDARIES
2.1
Purposes: To promote health, safety, and general welfare and to:
a.
prevent overcrowding;
b.
avoid undue population concentration;
c.
conserve property values commensurate with use;
d.
to preserve fish and wildlife habitat;
e.
to prevent soil erosion;
f.
to preserve the scenic resources;
g.
to ensure high water quality standards;
h.
to protect agriculture lands from the effects of urban encroachment;
i.
to promote business, residences, tourism and recreational uses but not to the point
that they destroy the character of the area of threaten water quality, traffic, or fire
safety;
j.
to encourage innovations in residential developments so that growing demands for
housing may be met by greater variety in type, design and layout of tracts and by
conservation and more efficient use of open space ancillary to said housing;
k.
to provide adequate open space, light, and air;
l.
to carry out the master or comprehensive plan for the Bridger Canyon Zoning
District.
m.
to prevent the spread of noxious weeds.
2.2
Bridger Canyon Zoning District is described in zones as set forth on that certain map
entitled “Bridger Canyon Zoning Plan,” dated October 26, 1971, and including subsequent
revisions. The map and all notations thereon are certified boundaries of zones adopted by
this Regulation shall be indicated on said map.
2.3
The Bridger Canyon Zoning map shall be kept on file in the office of the County Clerk and
Recorder and shall be referred to as the official map for the Bridger Canyon Zoning District.
BRIDGER CANYON ZONING REGULATION
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SECTION 3 DEFINITIONS
3.1
Accessory Building or Use: A building or use which: (1) is subordinate in area, extent or
purpose to the principal building or principal use served; (2) contributes to the comfort,
convenience, or necessity of occupants of the principal building or principal use.
3.2
Agriculture: Art or science of cultivating the ground, including harvesting of crop and
rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry;
the science and art of the production of plants and animals useful to man.
3.3
Airport: A place, either on land or on water, where aircraft may land and take off and where
additional space may be provided to discharge or receive cargoes and passengers, make
repairs, or take in fuel.
3.4
Antenna: Any equipment or device used to receive or transmit electromagnetic waves for
the provision of Personal Wireless Services including, but not limited to, cellular, paging,
personal communication services (PCS), and microwave communications. Antennas
include, but are not limited to, directional antennas, such as panels, microwave and
satellite dishes, and omnidirectional antennas, such as whips. This definition does not
apply to broadcast antennas, antennas designated for amateur radio use, or satellite dishes
designed for residential or household purposes.
3.5
Antenna Support Structure. Any structure, mast, pole, or tower used for the purpose of
supporting an antenna.
3.6
Antenna Tower (“Tower”). Any structure that is designed and constructed primarily for
the purpose of supporting one or more Antennas for telephone, television, radio, similar
voice and data communication purposes, or Personal Wireless Services. The term
includes, but is not limited to, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, and antenna tower alternative
structures.
3.7
Apartment House: Any building or portion thereof containing three or more apartments or
dwelling units.
3.8
Applicant, Personal Wireless Service Facility. The owner or operator, or authorized
representative thereof, of a Personal Wireless Service Facility who applies for a
Conditional Use Permit or Modification.
3.9
Bed and Breakfast Inn: An establishment which provides overnight lodging to the public
for compensation; caters to the traveling public; is located in the proprietor’s residence; and
serves only a limited breakfast to registered guests.
BRIDGER CANYON ZONING REGULATION
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3.10
Building: Any structure built for support, shelter, or enclosure of persons, animals, chattels,
or property of any kind.
3.11
Building Height: The vertical distance from the average elevation of the proposed finished
grade at the front of a building to the highest point of a flat roof, the deck line of a mansard
roof and the mean height between eaves and ridge for gable, hip, and gambrel roofs.
3.12
Building, Principal: A structure in which is conducted the main use of a lot on which the
structure is located.
3.13
Building Site: A parcel of land occupied or intended to be occupied by uses and buildings
permitted herein and which includes such size, dimension, open space, and parking as are
required in the Zoning District in which such site is located; and which site abuts a County
road or State Highway or which abuts a private road conforming to standards approved by
the Planning Commission.
3.14
Business, Retail: The retail sale of any article, substance, or commodity for profit or
livelihood, conducted within a building but not including the sale of lumber or other
building materials or the sale of used or secondhand goods.
3.15
Campgrounds: Land or premises which is used or intended to be used, let, or rented for
occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or
similar quarters.
3.16
Caretaker’s Residence: Dwelling unit for a person that takes care of the house or land of an
owner who may be absent.
3.17
“Carrier on Wheels” or “Cell on Wheels” (“COW”) Facility. A portable self-contained
Personal Wireless Service Facility that can be moved to a location and set up to provide
Personal Wireless Services. A COW is normally vehicle-mounted and contains a
telescoping boom as the Antenna Support Structure.
3.18
Club, Private hunting or fishing: A facility for an organization of persons whose special
purpose is hunting or fishing. Such facility shall be open only to members and not to the
general public.
3.19
Commercial Feed Lot: Shall mean any premises on which livestock are held or maintained
for the purpose of feeding and fattening for market and where sixty percent (60%) or more
of the feed for such livestock is imported or purchased.
3.20
Conditional Use: Uses, other than permitted uses, that may be allowed in a specific zoning
category, but which require a public hearing by the governing body to consider additional
safeguards to maintain and assure the health, safety, and general welfare of the community
and to maintain the character of the Bridger Canyon Zoning District.
BRIDGER CANYON ZONING REGULATION
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3.21
Condominium: The ownership of single units with common elements.
3.22
Domestic Wireless Equipment. Non-commercial wireless communication equipment
serving 10 or fewer dwellings or parcels and conforming to height limits, setbacks and
other standards in this Regulation, including amateur radios and domestic antennas, such as
for the reception of terrestrial or satellite television signals or wireless internet service.
3.23
Dwelling Group: A group of two or more detached or semi-detached one family, duplexes,
or multiple family dwellings occupying a parcel of land in one ownership and having any
yard or court in common.
3.24
Dwelling Unit: A group of inter-related rooms having living, sleeping, cooking, and
complete sanitary facilities.
3.25
Employee Housing: An efficiency or studio residential unit which is located in the Bridger
Bowl Base Area, is restricted by covenant for use by persons employed in the Base Area
and their families, and has living sleeping, cooking and sanitary facilities.
3.26
Employee Unit: An employee unit shall mean one single bed, with a maximum of four
units in one room.
3.27
Employer: A person, persons or entity who owns or operates a business or businesses in the
Bridger Bowl Base Area and whose businesses shall be aggregated together for the purpose
of determining the number of full time employees or the equivalent.
3.28
FAA. The U.S. Federal Aviation Administration.
3.29
Family: One or more persons occupying a premises and living as a single non-profit
housekeeping unit, as distinguished from a group occupying a hotel, club, communal
development, fraternity or sorority house, etc. A family unit shall be deemed to include
necessary servants, and may include up to four (4) boarders.
3.30
FCC. The U.S. Federal Communications Commission.
3.31
Floor, Ground: That portion of a building or structure located with its floor between the
average ground elevation and the ceiling next above.
3.32
Guest House: Detached living quarters of a permanent type of construction, without
kitchens or cooking facilities, clearly subordinate and incidental to the main building on the
same building site.
3.33
Guest Ranch: Facility which provides accommodations to the general public, offers on-
premise recreational and/or educational programs, and features central dining facilities.
3.34
Guest quarters: Overnight rooms at guest ranches.
BRIDGER CANYON ZONING REGULATION
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3.35
Home Occupation: The use of a dwelling or accessory structure for occupations at home
which are clearly customary and incidental to the primary use of the parcel and do not
change agricultural or residential character thereof. No home occupation conducted entirely
within a dwelling shall occupy more than twenty percent (20%) of the gross floor area nor
more than four hundred (400) square feet of gross floor area.
3.36
Hostel: Dormitory-style overnight accommodations, usually for young travelers.
3.37
Hotel: Any building or portion thereof including any lodging house, rooming house, or
dormitory containing six (6) or more guest rooms and occupied or intended or designed for
six (6) or more guests whether rent is paid in money, goods, labor or otherwise. Does not
include any jail, hospital, asylum, sanitarium, orphanage, nursing home or other in which
people are housed and detained under legal restraint.
3.38
Junk Yard: The use of more than two hundred (200) square feet of the area of any parcel,
lot, or contiguous lots, for the storage of junk and/or autos, including scrap metals, or other
scrap material, and/or for the dismantling or “wrecking” of automobiles or other vehicles or
machinery.
3.39
Lease, Personal Wireless Service Facility. With respect to a Personal Wireless Service
Facility, an agreement, however designated (such as, without limitation, lease, license,
easement, right to use, access right), by means of which a property owner grants to the
Personal Wireless Service Facility operator a right to construct or operate a Personal
Wireless Service Facility on his property.
3.40
Lot or Parcel: A parcel or plot of land shown as an individual unit of ownership on the
most recent plat or other record of subdivision.
3.41
Manufactured Home: Residential dwelling constructed entirely or substantially off-site.
3.42
Mobile Home: A portable unit built to be transportable on its own chassis, comprised of
frame and wheels, and designed to be used as a dwelling when connected to appropriate
utilities.
3.43
Modification, Personal Wireless Service Facility. Any alteration to an existing Personal
Wireless Service Facility Antenna Tower or base station that involves: (1) the collocation
of new transmission equipment; (2) the removal of transmission equipment; or (3)
replacement of transmission equipment.
3.44
Overnight Accommodations: Permanent, separately rentable accommodations which are
not available for residential use, except for the proprietors of a bed and breakfast inn.
Overnight lodgings include hotel or motel rooms, hostels, cabins, bed and breakfast inns
and time-shared units. Individually owned units may be considered overnight lodging if
they are available for overnight rental use by the general public for at least 48 weeks per
BRIDGER CANYON ZONING REGULATION
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calendar year through a central reservation and check-in service. Tent sites, recreational
vehicle parks, employee housing, and similar accommodations do not qualify as overnight
accommodations for this definition.(Amended:County Commission Resolution 1995-46)
3.45
Parking space, off-street: A space located off any public right-of-way which is at least 9×20
feet in size for parking of any automobile and with access to a public street or road.
3.46
Personal Wireless Services. Commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services.
3.47
Personal Wireless Service Facility (“Facility”). A facility for the provision of Personal
Wireless Services. A Personal Wireless Service Facility typically consists of an equipment
enclosure, an Antenna Tower, one or more Antennas, and accessory equipment.
3.48
Private Club: Any association and its related facilities except those of which the chief
activity is a service customarily carried on as a business.
3.49
Recreational Housing: Housing located in the Bridger Bowl Base Area which does not
have restriction on length of stay, and includes attached and detached single family units. Is
distinguished from other dwelling units by the special requirements set forth in Section
13.10.
3.50
Recreational Housing, attached: Single family ownership units that have at least one other
single-family owned unit within the same building structure, and are located in the Bridger
Bowl Base Area. Includes townhouses, duplexes and condominiums.
3.51
Recreational Housing, detached: Single-family homes located in the Bridger Bowl Base
Area and on individual lots or in a planned unit development.
3.52
Single Family Dwelling: A detached building designed for, or occupied exclusively by, one
family and including the necessary domestic help thereof.
3.53
Special Events Facility: Facility used on an intermittent basis for activities such as
weddings, receptions, picnics, barbecues, dances, private parties, reunions, and banquets.
3.54
Structure: Anything constructed or erected above or below ground, affixed to the ground,
or attached to something fixed to the ground.
3.55
Telecommunications Law. Any statute or regulation enacted by any federal, state, or local
governmental agency that in any way governs (a) telecommunications, (b) the construction,
maintenance, Modification, or operation of a Personal Wireless Service Facility, (c) radio
frequency emissions or their environmental impact, or (d) building, fire, plumbing, or
mechanical standards applicable to a Personal Wireless Service Facility; and any applicable
judicial or administrative interpretation of any of the foregoing.
BRIDGER CANYON ZONING REGULATION
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3.56
Tepee: A conical tent.
3.57
Travel Trailer: A vehicular portable structure designed as a temporary dwelling for travel,
recreation, and vacation uses, which is not more than 8 feet in body width nor 32 feet in
body length.
3.58
Transmission Line: Any electrical circuit carried on a steel pole; any electrical circuit
carried on more than one wooden pole; any electrical circuit carried on a single wooden
pole energized at more than 60,000 volts.
3.59
Use: The purpose for which land or premises or a building thereon is designed, arranged, or
intended, of for which it is, or may be, occupied or maintained.
3.60
Work Camp: A parcel of land on which housing is provided by a person for two or more
families or individuals living separately, for the exclusive use of the employees of such
person and the families, if any, of the employees. For purposes of this subsection,
“housing” includes but is not limited to camping spaces; trailer parking spaces; mobile,
modular, or permanent barracks or structures; and any appurtenant water supply and
distribution system, sewage collection and disposal system, solid waste collection and
disposal system, or food service and dining facilities. “Housing” does not include shelter
provided by an employer for persons who are employed to perform agricultural duties on a
ranch or farm.
BRIDGER CANYON ZONING REGULATION
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SECTION 4 ESTABLISHMENT OF DISTRICTS
4.1
Jurisdiction.
The jurisdiction of the Bridger Zoning District is hereby divided into zones or “districts,” as shown
on the official zoning map, which together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this Regulation.
For the purpose of this Regulation, the Bridger Zoning District may be divided and
classified into the following districts:
DISTRICT
DESIGNATION
Agricultural Exclusive
AE
Recreation and Forestry
RF
Neighborhood Business
B-1
Base Area Business
B-2
Recreational Business
B-3
Base Area Recreational & Forestry
B-4
Public Lands & Institutions
PLI
Planned Unit Development
PUD*
*Number symbol after PD indicates the allowable density of dwelling units in terms
of acres per dwelling unit.
4.2
Certificate.
The Official Map shall be available in the County Clerk and Recorder’s Office and shall
bear certificate with the signature of the Chairman of the Board of County Commissioners
attested by the County Clerk and Recorder and the date of the adoption of this Regulation.
The Certificate should read as follows:
This is to certify that this is the
Official Zoning Map referred to in
Section 4 of the Bridger Canyon
Zoning District Regulation.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
______________________________________
Attested______________________________
Date of Adoption______________________
BRIDGER CANYON ZONING REGULATION
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If any changes to the map are made by amendment of this Regulation in accordance with
Section 18.6 hereof, such changes shall be made to the Official Zoning Map and signed,
dated, and certified upon the map or upon the material attached thereto.
Regardless of the existence of purported copies of the Official Zoning Map which may from
time to time be made or published, the Official Zoning Map kept in the office of the County
Clerk and Recorder shall be the final authority as to the current zoning status of land and
water areas, buildings, and other structures in the zoning district.
4.3
Replacement of Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of nature or number of changes or additions thereto, the Board of County
Commissioners may adopt and certify a new Official Zoning Map which shall supercede the
prior Official Zoning Map. The new Official Zoning Map may correct drafting or other
errors or admissions in the prior map , but no such corrections shall have the effect of
amending the original zoning map or any subsequent amendment thereof.
“This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map
adopted February 23, 1989, as part of the zoning Regulation for the Bridger Canyon Zoning
District, Gallatin County, Montana.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
Attested:______________________________
Date:__________________________________”
4.4
Interpretation of Boundaries. Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the boundaries shall be interpreted as following the
nearest logical line to that shown; where:
a.
Boundaries indicated as approximately following the center line of streets,
highways, or alleys, shall be construed to follow such center lines;
b.
Boundaries indicated as approximately following platted lot lines shall be construed
as following such lot lines.
c.
Boundaries indicated as approximately following city limits shall be construed as
following such city limits;
d.
Boundaries indicated as following railroad lines shall be construed to be midway
between the main track(s);
BRIDGER CANYON ZONING REGULATION
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e.
Boundaries indicated as following the center line of streams, rivers, canals, or
ditches shall be construed to follow such center lines;
f.
Boundaries indicated as parallel to or extensions of features indicated on the Official
Zoning Map shall be determined by the scale of the map;
g.
Boundaries indicated as following Section lines of quarter section lines of quarter-
quarter section lines shall be construed as following such lines;
h.
Where physical or cultural features existing on the ground are at variance with those
shown on the Official Zoning Map or where other circumstances or controversy
arise over district boundaries, the Zoning Commission shall interpret the district
boundary.
4.5
Interpretation of Uses. If questions arise concerning the appropriate classification of a
particular use, or if the specific use is not listed, the Zoning Commission shall determine the
appropriate classification for that use.
In interpreting use classification, the Zoning Commission shall determine:
a.
That the use and its operation are compatible with the uses permitted in the district
wherein the use is proposed to be located.
b.
That the use is similar to one or more uses permitted in the district wherein it is
proposed to be located.
c.
That the use will not cause substantial injury to values of property in the
neighborhood or district wherein it is proposed to be located.
d.
That neither the intent of the Regulation nor the intent of the district will be
abrogated by such classification.
BRIDGER CANYON ZONING REGULATION
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SECTION 5 APPLICATION OF DISTRICT REGULATIONS
Except as herein provided in Sections 14, 15 and 18, with respect to supplementary regulations,
conditional uses, non-conforming uses and non-conforming buildings, and variances, the
regulations set by this Regulation shall be minimum regulations and all regulations as categorized
shall apply uniformly to each class or kind of structure or land and particularly:
5.1
No building, structure, or land shall hereafter be used or occupied, and not building,
structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved or
structurally altered unless it is in conformity with all of the regulations herein specified for
the district in which it is located.
5.2
No building or other structure shall hereafter be erected or altered: a) to exceed the height
or bulk: b) to accommodate or house a greater number of families; c) to occupy a greater
percentage of lot area; d) to have narrower or smaller rear yards, front yards, side yards, or
other open spaces.
5.3
No part of any yard, or other open space, or off-street parking required about or in
connection with any building for the purpose of complying with this Regulation, shall be
included as part of a yard, open space, or off-street parking similarly required for any other
building.
5.4
No yard or lot existing at the time of adoption of this Regulation shall be reduced in
dimension or area below the minimum requirements set forth herein. Yards or lots created
after the effective date of this Regulation shall meet at least the minimum requirements
established by this Regulation.
BRIDGER CANYON ZONING REGULATION
15
SECTION 6 AGRICULTURE EXCLUSIVE DISTRICT (AE)
6.1
Intent: It is the intent of this Regulation to preserve agriculture as one of the primary
occupational pursuits and an economic endeavor in Bridger Canyon. It is further the intent
of this District to protect and preserve the existing rural character of Bridger Canyon and to
preserve existing developed and undeveloped farm lands from unplanned residential,
commercial and industrial development. The purpose of the Agricultural Exclusive District
is, when applied to particular land, to encourage the following land use:
a.
the cultivation of ground, including the preparation of soil, planting or seeding and
raising and harvesting of crops;
b.
the raising, feeding and managing of livestock, poultry and other animals;
c.
incidental uses which are customarily and necessarily related to and included within
an agricultural pursuit; and,
d.
incidental unrelated uses which are necessary to protect and promote the health,
safety, welfare and convenience of rural residential citizens.
6.2
Uses Allowed as a Matter of Right. The cultivation of ground, including the preparation of
soil, planting or seeding and the raising and harvesting of trees, timber, fruits, vegetables,
flowers, grains and other crops. The raising, feeding, managing and breeding of livestock,
poultry, fish, birds and other animals; the excavation of earth and the drilling of wells,
exclusively for agricultural and domestic uses; signs warning against trespass, shooting and
hunting on premises, without limitation as to number or size. Signs in accordance with
Section 16. One single-family detached dwelling on each 40-acre parcel. Barns, corrals
and other out buildings and structures accessory to the foregoing uses. The sale on the
premises of products produced thereon. The packing, storing and processing of produce
grown on the land, together with accessory buildings and structures required therefore.
Non-agricultural, home occupations and hobbies when conducted within buildings and
structures, the principle use of which is one of the foregoing uses. Domestic Wireless
Equipment.
6.3
Uses Permitted After Securing Approval of a Conditional Use Permit. Stands and other
facilities for the purpose of selling products grown on the land, together with accessory
picnic facilities and similar accommodations for the convenience of patrons; non-
commercial airstrips for the use of aircraft used for agricultural purposes, together with
accessory buildings and structure required therefore. Residential buildings, including
mobile homes, to house persons and their families who labor, either continuously or
seasonally, on the same farm, ranch, or land unit on which such buildings are situated (40-
acre minimum does not apply). Commercial feed lots; commercial chicken houses,
commercial pig houses; public and private schools for the academic education of children
below the seventh grade level; the development and processing of natural resources in
BRIDGER CANYON ZONING REGULATION
16
accordance with Appendix A, Natural Resources Conditional Use Permits; guest houses,
commercial snowmobile facilities, guest ranches; accessory buildings and structures the
principle use of which is the pursuit of non-agricultural, home occupations and hobbies; bed
and breakfast inns; the operation of private hunting and fishing clubs; caretaker’s residences;
Personal Wireless Service Facilities, subject to Section 17; and electric transmission lines.
6.4
Similar Uses: Uses which in the opinion of the Zoning Commission are similar to those
listed In 6.2 and 6.3 above may be permitted therein.
6.5
Height, Yard and Area Requirements.
a.
Parcel width for this district shall not be less than six hundred and sixty (660) feet.
Parcel size shall not be less than forty (40) acres. In the event a parcel is within ten
percent (10%) of the minimum required forty (40) acre size, a rounding-off of the
figure is permitted.
Example:
minimum parcel size = 40 acres
actual parcel survey = 37 acres
One development unit would be allowed by
rounding the acreage off to 40 acres
b.
Minimum setbacks for residential buildings shall be twenty-five (25) feet from any
property line, road right-of-way or road easement; one hundred (100) feet from any
creek; one hundred and twenty-five (125) feet from the right-of-way of the Bridger
Canyon Road, Kelly Canyon Road, and Jackson Creek Road.
6.6
Parking Requirements.
a.
Two (2) off-street spaces shall be provided for each dwelling.
b.
One (1) off-street parking space shall be provided for each three hundred (300)
square feet in any private fishing or hunting club building.
c.
One (1) off-street parking space shall be provided for each one hundred (100) square
feet in any stand for the sale of products produced on the premises.
d.
One (1) off-street parking space shall be provided for each classroom and
administrative office in any school together with one (1) off-street parking space for
each ten (10) seats in any building designed for public assembly.
e.
Parking required for other uses shall be set forth by the Gallatin County Zoning
Enforcement Agent subject to appeal as outlined in this Regulation.
BRIDGER CANYON ZONING REGULATION
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SECTION 7 RECREATION AND FORESTRY (RF)
7.1
Intent. Recreation and forestry, wildlife habitat and grazing are leisure time and
occupational pursuits important to the aesthetics and economy of Bridger Canyon. Because
of the amount of land suitable for recreation and forestry is limited due to the Canyon’s
geographical location, climate and topography, it is the intent of this section to preserve
existing developed and undeveloped recreation and forest lands from unplanned residential,
commercial and industrial development by enacting this district.
7.2
Uses Allowed as a Matter of Right. One (1) single-family dwelling on each 40-acre parcel.
Growing and harvesting of timber and other forest products and related activities, including
logging and all operations incidental to and connected therewith; road building; crop
farming and harvesting; forest stations and lookouts; grazing; riding and hiking trails;
stables and corrals; public and private playgrounds and parks; picnic areas; public utility
buildings; structures and uses; structures accessory to any use listed above; signs in
accordance with Section
16.
Non-agricultural home occupations and hobbies when
conducted within buildings and structures; the principle use of which is one of the foregoing
uses. Domestic Wireless Equipment.
7.3
Uses Permitted After Securing Approval of a Conditional Use Permit. Lumber mills,
logging camps; the development and processing of natural resources in accordance with
Appendix A, Natural Resources Conditional Use Permits; campgrounds; seasonal
recreational campsites; golf courses; driving ranges; ski lift facilities; pack stations; airports;
guest ranches; commercial snowmobile facilities; cross country ski facilities; structures and
uses accessory to the uses listed herein; accessory buildings and structures the principle use
of which is the pursuit of non-agricultural; home occupations and hobbies; Personal
Wireless Service Facilities, subject to Section 17; and electric transmission lines.
7.4
Similar Uses. Uses which in the opinion of the Zoning Commission are similar to 7.2 and
7.3 above may be permitted therein.
7.5
Height, Yard and Area Requirements.
a.
Parcel width for this district shall not be less than six hundred and sixty (660) feet.
Parcel size shall not be less than forty (40) acres. In the event a parcel is within ten
percent (10%) of the minimum required forty (40) acre size, a rounding off of the
figure is permitted. Example:
minimum parcel size = 40 acres
actual parcel survey = 37 acres
One development unit would be allowed by
rounding the acreage off to 40 acres.
BRIDGER CANYON ZONING REGULATION
18
b.
Minimum setback for all buildings and structures shall be twenty-five (25) feet from
any property line; one hundred twenty five (125) feet from the centerline of any
public road; and one hundred (100) feet from any creek.
7.6
Parking Requirement.
a.
Commercial uses shall provide one (1) off-street parking space for each two
hundred (200) square feet of gross floor area.
b.
Two (2) off-street parking spaces for each residential unit.
c.
Parking required for other uses shall be as set forth by the Gallatin County Zoning
Enforcement Agent subject to appeals as outline herein.
BRIDGER CANYON ZONING REGULATION
19
SECTION 8 NEIGHBORHOOD BUSINESS DISTRICT (B-1)
8.1
Intent. The intent of this district is to provide for one (1) small retail establishment of the
general store variety, that would provide goods and services frequently required by
neighborhood residents on a day to day basis, while still maintaining a rural residential
character.
8.2
Uses Allowed as a Matter of Right.
a.
Neighborhood convenience establishment which may offer food, gas, and limited
prepared foods;
b.
Gasoline pumps – maximum of two (2);
c.
Signs, as permitted by Section 16 of this Regulation.
8.3
Uses Permitted After Securing Approval of a Conditional Use Permit.
a.
Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage facilities.
b.
Residence for proprietor or manager, when accessory to the principal permitted use.
8.4
Similar Uses. Any other commercial use or service which the Zoning Commission finds to
be consistent with the intent of this article, and which is of the same general character as the
above permitted uses.
8.5
Height, Yard and Area Requirements.
a.
Height Regulations: No building shall exceed thirty-five (35) feet in height and no
accessory building shall exceed fifteen (15) feet in height.
b.
Parcel width for this district shall not be less than three hundred (300) feet, nor shall
the minimum parcel size be less than two (2) acres. Maximum parcel size shall be
no more than five (5) acres.
c.
Minimum setback for buildings and structures shall be twenty-five (25) feet from
any property line and sixty (60) feet from the right-of-way of any public road.
8.8
Off-Street Parking. One (1) space per every two hundred and fifty (250) square feet of floor
area shall be provided. Required parking shall be located as to preclude backing maneuvers
onto any public right-of-way, and may be located within the front setback area.
BRIDGER CANYON ZONING REGULATION
20
8.9
Parking Plan. A parking plan shall be submitted which includes the number of spaces,
location of spaces, and aisles.
8.10
Lot Coverage. No more than fifty percent (50%) of the lot area shall be occupied by
impervious surfaces.
8.11
Screening.
a.
Service, storage and refuse areas or structures shall be screened from view of any
residential district or public street with a solid fence or masonry wall. Average
height of the screening material shall be one (1) foot more than the height of the
enclosed structure, but shall not be required to exceed eight (8) feet in height.
b.
A view obscuring screening shall be required between the commercial use and any
residential district. The screening shall be no less than eight (8) feet in height, and
may consist of a combination of berms, trees, hedges, and fences. Screening which
consists of fencing only shall not be allowed. If vegetation only is used, plants shall
be selected which are a minimum eight (8) feet tall.
c.
A site plan, drawn at a minimum scale of one inch equals twenty feet (1″=20′) shall
be submitted and shall include the following information:
(1)
Parcel dimensions;
(2)
Existing and proposed grades;
(3)
Location and dimensions of existing and proposed buildings, fences and
walls;
(4)
Storage, refuse and service areas;
(5)
Landscaping;
(a)
percent of site to be landscaped;
(b)
plant legend showing total number of plants and trees, by common
names, and estimated sizes at time of installation and at maturity;
(c)
location of individual plants and trees.
(6)
Sign location.
(7)
Storm water detention.
(8)
Snow storage locations.
8.12
Location. The location shall be as suggested in the Bridger Canyon General Plan.
BRIDGER CANYON ZONING REGULATION
21
8.13
Standards for Exterior Appearance.
a.
A neighborhood commercial establishment shall be designed to be compatible with
the residential character of the Bridger Canyon Zoning District. Renderings which
show the exterior of the structure shall be submitted for review.
b.
Minimum roof pitch shall be not less than one (1) foot of rise for each four (4) feet
of horizontal run.
c.
Exterior finish shall be either wood or masonry, excluding cinder block. Wood
siding may run in either a horizontal, vertical, or diagonal direction. All siding shall
be in earth tone colors.
8.14
Procedures. The parking, screening, and exterior appearance plans required in Sections 8.9,
8.11 and 8.13 above shall be submitted for review and approval as a part of the re-zoning
procedure set forth in Section 18.6. Any changes in use or additions to uses shall be
reviewed as a conditional use, as set forth in Section 18.3.2.
8.15
Installation of Improvements. All parking, screening, and improvements shall be installed
before occupancy of the structure or shall be guaranteed in the form of a bond or cash
deposit, upon approval from the Zoning Commission. Requests for the use of completion
guarantees shall be included as a part of the procedure set forth in Section 18.3.4.
BRIDGER CANYON ZONING REGULATION
22
SECTION 9 BASE AREA BUSINESS DISTRICT (B-2)
9.1
Intent. The intent of this district is to provide a central area for the ski area’s business and
service activities. Uses within this district should be appropriate to such a focal center with
inappropriate uses being excluded.
9.2
Permitted Uses.
a.
Bakeries.
b.
Barber and beauty shops.
c.
Dry cleaning and laundromats.
d.
Financial Institutions.
e.
Fire and police stations; post office.
f.
Health and exercise establishments.
g.
Museums, libraries, and galleries.
h.
Parking lots.
i.
Photo studio.
j.
Rental of non-motorized sports equipment.
k.
Restaurants and cafes.
l.
Retail sales, which would include but not be limited to:
(1)
clothing sales;
(2)
food sales;
(3)
jewelry sales;
(4)
pharmaceutical sales;
(5)
sporting goods sales.
m.
Signs, in accordance with Section 16.
n.
Domestic Wireless Equipment.
9.3
Conditional Uses.
a.
Bars, cocktail lounges.
b.
Gasoline service stations.
c.
Theatres, except drive-ins.
d.
Gift and novelty shops.
e.
Accessory uses.
f.
Personal Wireless Service Facilities, subject to Section 17, and electric transmission
lines.
g.
Overnight accommodations and attached recreational housing, subject to a finding at
a public hearing that the proposal meets all of the following criteria:
(1)
Neither overnight accommodations nor recreational housing shall be
permitted on the ground floor of structures. Overnight accommodations and
recreational housing shall be located on the second or subsequent floors.
BRIDGER CANYON ZONING REGULATION
23
(2)
Detached overnight accommodations and detached recreational housing
shall not be allowed.
(3)
The first/ground floor shall be restricted to those permitted uses listed in
Section 9.2 and those conditional used listed in Section 9.3 (1-5).
h.
Other uses, which in the opinion of the Zoning Commission are similar to those
listed above.
i.
Employee housing.
9.4
Lot Area and Width. There shall be no minimum lot area or width. Lot area and width
shall, however, be large enough to accommodate buildings and required parking.
9.5
District Area. Maximum area of the B-2 District shall be five (5) acres. Areas zoned B-2
are not required to be contiguous.
9.6
Setbacks. Minimum setback for buildings and structures shall be twenty-five (25) feet from
the front property line, and fifty (50) feet from any stream.
9.7
Building Heights. No building shall exceed thirty-five (35) feet in height.
9.8
Refuse. All commercial, year-round food service establishments shall have and use bear-
proof refuse containers.
9.9
Underground Utilities. Local distribution lines shall be installed underground.
9.10
Design Review. All structures shall be designed to be harmonious with a mountain alpine
skiing setting. Renderings of the exterior of structures shall be submitted with land use
permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals
from the decision of the Zoning Enforcement Agent may be heard by the Zoning
Commission, as set forth in Section 18.5.
9.11
Off-Street Parking. The following indicates the number of off-street parking spaces
required for those particular uses listed.
USE
PARKING SPACE REQUIRED
Financial institutions
One space /250 sq. ft. of floor space.
Public eating and/or
One space for each 2 1/2 seats or 40
drinking establish-
sq. ft. of dining and/or drinking space
ments.
or area.
Service stations.
Four spaces /1,000 sq.ft. of floor
area with repair space for motor
BRIDGER CANYON ZONING REGULATION
24
vehicles not counted as parking
space.
Theatres.
One space/6 seats or 9 linear feet
of fixed benches, or for each 45
sq.ft. of floor area without fixed
seats.
Museums, libraries,
One space/500 sq.ft. of floor area.
and galleries.
All other permitted
One space/300 sq.ft. of floor area.
uses.
9.11.1
Parking Plan Required. A parking plan shall be submitted prior to the issuance of
any land use permit. Each plan shall show the location and number of parking
spaces, and shall provide for employee and handicapped spaces and loading berths.
Required employee spaces are included in the parking requirements of this zone.
Adequate space for storage of snow shall be indicated on the parking plan.
9.11.2
Staged Development. If the sequence of construction of various portions of the
development is to occur in stages then the required parking facilities shall be
developed in proportion to the number of structures constructed, and a parking plan
for the entire development shall be submitted for review and approval prior to
issuance of a land use permit.
9.11.3
Erection or Moving of Buildings; Use Thereof. No building shall be erected,
constructed, or moved unless there is provided and all times thereafter maintained
for such building and its use, a minimum number of off-street parking spaces as
specified in this section and in an approved parking plan.
9.11.4
Enlargements, Change of Use, etc., of Buildings. No building or structure shall be
enlarged, altered, converted, or changed in use, unless there is provided and
thereafter maintained for such building and its use, a minimum number of parking
spaces as specified in this section and in an approved parking plan.
9.11.5
No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing and
actually being used for the parking of automobiles or other motor vehicles in
connection with the use of an existing building shall not be reduced in number or
size, during which would be required for a new building or use of a similar type.
9.11.6
Fractional Spaces. If the number of off-street parking spaces hereinafter required
contains a fraction, such number shall be changed to the nearest whole number.
BRIDGER CANYON ZONING REGULATION
25
9.11.7 Joint Use. The Zoning Office may authorize the joint use of off-street parking for
all uses, with the exception of convenience stores and service stations, subject to the
following conditions:
Where joint use is desired, an application shall be made to the Zoning Officer. Said
application shall contain proof that there will be no substantial conflict in the principal
operating hours of the two (2) buildings or uses for which the use is proposed; that all other
conditions within this section are met; and legal documents executed by the parties involved
in the joint use guaranteeing use of both parties. Said legal document shall be approved the
County Attorney and recorded with the County Clerk and Recorder.
9.11.8 Appeals. Appeals from the decision of the Zoning Officer concerning parking shall
be made according to the procedure set forth in Section 18.5.
BRIDGER CANYON ZONING REGULATION
26
SECTION 10 RECREATIONAL BUSINESS (B-3)
10.1
Intent. The intent of this district is to provide for large scale non-motorized recreational
activities and for small retail and service activities frequently required by users of the
recreational facilities.
10.2
Permitted Uses.
a. Guest ranches.
b. Rental of sports equipment.
c. Picnic areas.
d. Signs, in accordance with Section 16.
e. Ski lodges.
f. Ski lifts.
g. Ski activities centers.
h. Stables.
i.
Riding and hiking trails.
j.
Recreation and sports activities.
k. Instruction in recreational and sports skills.
i.
Domestic Wireless Equipment.
10.3
Conditional Uses.
a. Overnight accommodations and attached recreational
housing,
subject
to
the
requirements of Section 13.10.
b. Conference and meeting facilities.
c. Limited retail sales which are accessory to the principal use.
d. Restaurants and cafes, bars and lounges as accessories to principal use.
e. Personal Wireless Service Facilities, subject to Section 17, and electric transmission
lines.
f. Employee Housing
10.4
Lot Area and Width. Minimum parcel size shall be ten (10) acres.
10.5
Setbacks. Minimum setback for all buildings and structures shall be twenty-five (25) feet
from any property line or fifty (50) feet from the centerline of any public road, whichever is
greater. Minimum setback from streams shall be fifty (50) feet.
10.6
Building Height. No building shall exceed thirty-five (35) feet in height.
10.7
Refuse. All commercial, year-round food service establishments shall have and use bear-
proof refuse containers.
10.8
Underground Utilities. Local distribution lines shall be installed underground.
BRIDGER CANYON ZONING REGULATION
27
10.9
Design Review. All structures shall be designed to be harmonious with a mountain alpine
skiing setting. Renderings of the exterior of structures shall be submitted with land use
permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals
from the decision of the Zoning Enforcement Agent may be heard by the Zoning
Commission, as set forth in Section 18.5.
10.10
Off-street Parking. The following table indicates the number of off-street parking spaces
required for those uses listed.
USE
PARKING SPACE REQUIRED
Overnight accommodations;
1 1/2 spaces per guest room.
guest ranches;
Employee housing;
1 space per employee unit.
Ski lifts;
(a) A 1,500 car parking lot shall be allowed in the
Bridger Bowl Base Area. An additional total of 6
acres (not including snow storage and access aisles)
shall be permitted in addition to the parking areas in
existence as of
2013,
4 acres of which may be
constructed within
2 years from the date of this
amendment, and the remaining two acres of which
may then be constructed. The preceding sentence is
subject to any further amendments to the Base Area
Plan that may occur in this period. At least 10% of
the total number of parking spaces allocated for
skiers shall be reserved for ride sharing and car pool
users, and high occupancy vehicles
(3 or more
persons per vehicle). This Section 10.10 is intended
to be inclusive of and not in addition to any parking
permitted under Section 11.10.
(b) Commercial uses shall provide
1 off-street
parking space for each 200 sq.ft of gross floor area.
(c)
2 off-street parking spaces for each residential
unit.
(d) Parking required for other uses shall be as set
forth by the Gallatin County Zoning Enforcement
Agent subject to appeals as outlined herein.
Picnic areas;
1 space per table.
BRIDGER CANYON ZONING REGULATION
28
Recreation and sports
1 space per 100 feet of floor
activities center;
area plus one space per 10,000 sq.ft. of parcel area.
Public eating and drinking
1 space for each 2 1/2 seats
establishments;
or 40 sq.ft. of dining and/or drinking space or area.
10.10.1 Parking Plan Required. A parking plan shall be submitted prior to the issuance of
any land use permit. Each plan shall show the location and number of parking
spaces, and shall provide for employee and handicapped spaces and loading berths.
Required employee spaces are included in the parking requirements of this zone.
Adequate space for storage of snow shall be indicated on the parking plan.
10.10.2 Staged Development. If the sequence of construction of various portions of the
development is to occur in stages then the required parking facilities shall be
developed in proportion to the number of structures constructed, and a parking plan
for the entire development shall be submitted for review and approval prior to
issuance of a land use permit.
10.10.3 Erection or Moving of Buildings; Use Thereof. No buildings shall be erected,
constructed, or moved unless there is provided and all times thereafter maintained
for such building and its use, a minimum number of off-street parking spaces as
specified in this section and in an approved parking plan.
10.10.4 Enlargements, Change of Use, etc. of Buildings. No building or structure shall be
enlarged, altered, converted, or changed in use, unless there is provided and
thereafter maintained for such building and its use, a minimum number of parking
spaces as specified in this section and in an approved parking plan.
10.10.5No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing and
actually being used for the parking of automobiles or other motor vehicles in
connection with the use of an existing building shall not be reduced in number or
size, during the entire life of such building or land use, below that which would be
required for a new building or use of a similar type.
10.10.6 Fractional Spaces. If the number of off-street parking spaces hereinafter required
contains a fraction, such number shall be changed to the nearest whole number.
10.10.7 Joint Use. The Zoning Officer may authorize the joint use of off-street parking for
all uses, with the exception of convenience stores and service stations, subject to the
following conditions:
Where joint use is desired, an application shall be made to the Zoning Officer. Said
application shall contain proof that there will be no substantial conflict in the
principal operating hours of the two buildings or uses for which the use is proposed;
that all other conditions within this section are met; and legal documents executed
BRIDGER CANYON ZONING REGULATION
29
by the parties involved in the joint use guaranteeing use of both parties. Said legal
document shall be approved by the County Attorney and recorded with the County
Clerk and Recorder.
10.10.8Appeals. Appeals from the decision of the Zoning Enforcement Officer concerning
parking shall be made according to the procedure set forth in Section 18.5.
BRIDGER CANYON ZONING REGULATION
30
SECTION 11 BASE AREA RECREATION AND FORESTRY DISTRICT (B-4)
11.1
Intent. The intent of this district is to provide for overnight accommodations while
preserving existing developed and undeveloped recreation and forest lands.
11.2
Permitted Uses.
a. One dwelling unit per forty (40) acres.
b. Growing and harvesting of timber and other forest products and related activities,
including logging and all operations incidental to and connected therewith, road
building, truck hauling.
c. Crop farming and harvesting.
d. Forest stations and lookouts.
e. Grazing.
f. Riding and hiking trails.
g. Stables and corrals.
h. Public and private playgrounds and parks.
i.
Picnic areas.
j.
Public utility buildings.
k. Home occupations.
l.
Signs, in accordance with Section 16.
m. Domestic Wireless Equipment.
11.3
Conditional Uses.
a. Lumber mills, logging camps, the development and processing of natural resources in
accordance with Appendix A, Natural Resources Conditional Use Permits,
agricultural processing plants.
b. Stands for the sale of products produced on premises.
c. Campgrounds.
d. Seasonal recreational campsites.
e. Golf courses.
f. Driving ranges.
g. Ski tow facilities.
h. Pack stations.
i.
Helipads.
j.
Restaurants, cafes, bars and lounges, only as an accessory to overnight
accommodations.
k. Employee housing.
l.
Overnight accommodations, detached and attached recreational housing subject to the
requirements of Section 13.10.
m. Swimming pools.
n. Tennis courts.
BRIDGER CANYON ZONING REGULATION
31
o. Sales of sundry items for patron comfort either by vending machines or personal sales
area attendant such as the following, but not limited to:
(1) reading material.
(2) toothpaste and brushes.
(3) shaving needs.
(4) cosmetics.
(5) non-prescription pain remedies.
(6) souvenir items.
p. Accessory uses.
q. Personal Wireless Service Facilities, subject to Section 17, and electric transmission
lines.
r. Churches.
11.4
Lot Area and Width. Minimum lot size shall be forty (40) acres, unless planned unit
development (PUD) provisions apply.
11.5
Setbacks. Minimum setbacks for all buildings and structures shall be twenty-five (25) feet
from any property line or fifty (50) feet from the centerline of any public road, whichever is
greater. Minimum setback from streams shall be fifty (50) feet.
11.6
Building Height. No building shall exceed thirty-five (35) feet in height.
11.7
Refuse. All commercial, year-round food service establishments shall have and use bear-
proof refuse containers.
11.8
Underground Utilities. Local distribution lines shall be installed underground.
11.9
Design Review. All structures shall be designed to be harmonious with a mountain alpine
skiing setting. Renderings of the exterior of structures shall be submitted with land use
permit applications and are subject to approval by the Zoning Enforcement Agent. Appeals
from the decision of the Zoning Enforcement Agent may be heard by the Zoning
Commission, as set forth in Section 18.5.
11.10
Off-street Parking. The following indicates the number of off-street parking spaces required
for those particular uses listed.
USE
PARKING SPACE REQUIRED
Single family dwelling unit
2 spaces.
Picnic areas
1 space per table.
Overnight accommodations
1 1/2 spaces per guest room.
and guest ranches.
BRIDGER CANYON ZONING REGULATION
32
Campgrounds.
1 space per campsite.
Golf courses and driving
1 space per acre of use.
ranges.
Ski Tow facilities.
(a) A 1,500 car parking lot shall be permitted in the Bridger
Bowl Base Area. An additional total of 6 acres (not including
snow storage and access aisles) shall be permitted in addition
to the parking areas in existence as of 2013, 4 acres of which
may be constructed within 2 years from the date of this
amendment, and the remaining two acres of which may then
be constructed. The preceding sentence is subject to any
further amendments to the Base Area Plan that may occur in
this period. At least 10% of the total number of parking
spaces allocated for skiers shall be reserved for ride sharing
and car pool users, and high occupancy vehicles (3 or more
persons per vehicle). This Section 11.10 is intended to be
inclusive of and not in addition to any parking permitted
under Section 10.10.
(b) Commercial uses shall provide 1 off-street parking space
for each 200 sq.ft. of gross floor area.
(c) 2 off-street parking spaces for each residential unit.
(d) Parking required for other uses shall be as set forth by the
Gallatin County Zoning Enforcement Agent subject to
appeals as outlined herein.
Employee housing,
2 spaces per dwelling unit.
single family.
Employee dormitory
1 space per each 200 sq.ft. of rooms designed for
housing.
sleeping.
11.10.1 Parking Plan Required. A parking plan shall be submitted prior to the issuance of
any land use permit. Each plan shall show the location and number of parking
spaces, and shall provide for employee and handicapped spaces and loading berths.
Required employee spaces are included in the parking requirements of this zone.
Adequate space for storage of snow shall be indicated on the parking plan.
11.10.2 Staged Development. If the sequence of construction of various portions of the
development is to occur in stages then the required parking facilities shall be
developed in proportion to the number of structures constructed, and a parking plan
BRIDGER CANYON ZONING REGULATION
33
for the entire development shall be submitted for review and approval prior to
issuance of a land use permit.
11.10.3 Erection or Moving of Buildings; Use Thereof. No building shall be erected,
constructed, or moved unless there is provided and all times thereafter maintained
for such building and its use, a minimum number of off-street parking spaces as
specified in this section and in an approved parking plan.
11.10.4 Enlargements, Change of Use, etc., of Buildings. No building or structure shall be
enlarged, altered, converted, or changed in use, unless there is provided and
thereafter maintained for such building and its use, a minimum number of parking
spaces as specified in this section and in an approved parking plan.
11.10.5No Reduction in Off-street Parking Spaces. Off-street parking spaces existing and
actually being used for the parking of automobiles or other motor vehicles in
connection with the use of an existing building shall not be reduced in number or
size, during the entire life of such building or land use, below that which would be
required for a new building or use of a similar type.
11.10.6 Fractional Space. If the number of off-street parking spaces hereinafter required
contains a fraction, such number shall be changed to the nearest whole number.
11.10.7 Joint Use. The Zoning Officer may authorize the joint use of off-street parking for
all uses, with the exception of convenience stores and service stations, subject to the
following condition:
Where joint use is desired, an application shall be made to the Zoning Officer. Said
application shall contain proof that there will be no substantial conflict in the
principal operating hours of the two buildings or uses for which the use is proposed;
that all other conditions within this section are met; and legal documents executed
by the parties involved in the joint use guaranteeing use of both parties. Said legal
document shall be approved by the County Attorney and recorded with the County
Clerk and Recorder.
11.10.8Appeals. Appeals from the decision of the Zoning Officer concerning parking shall
be made according to procedure set forth in Section 18.5.
BRIDGER CANYON ZONING REGULATION
34
SECTION 12 PUBLIC LANDS AND INSTITUTIONS (PLI)
12.1
Intent. The intent of this district is to provide for major public and quasi-public uses outside
of other districts. Not all public and quasi-public uses need to be classified PLI. Some may
fit within another district; the larger areas should be distinguished PLI.
12.2
Uses Allowed as a Matter of Right.
a. Public buildings, including fire and police stations, and sites for public utilities.
b. Public and non-profit quasi-public institutions, i.e. elementary, junior, and senior high
schools.
c. Accessory uses and buildings customarily appurtenant to a permitted use.
12.3
Height, Yard and Area Requirements.
a. Height Regulations: No building shall exceed thirty-five (35) feet in height and no
accessory building shall exceed fifteen (15) feet in height.
b. Parcel width for this district shall not be less than one hundred fifty (150) feet, nor shall
the minimum parcel size be less than one (1) acre.
c. No requirements for setbacks will be made except when a lot is adjacent to another
district. The yards then shall be the same as in the adjacent district.
12.4
Parking Requirement.
a. For public buildings, i.e., fire and police stations, sites for public utilities:
1 off-street
parking space for each three hundred (300) sq.ft. of gross floor area.
b.
1 off-street parking space for each ten
(10) seats in any public institution, i.e.,
elementary, junior, or senior high schools.
BRIDGER CANYON ZONING REGULATION
35
SECTION 13 PLANNED UNIT DEVELOPMENT (PUD)
13.1
Purpose.
The planned unit development designation is intended to provide for alternative forms of
development which may include a density bonus in exchange for development quality that
is of significant community benefit. The purposes of this district include the following:
a. Enhance and preserve open space and unique natural features.
b. Preserve to the maximum extent possible the natural characteristics of the land,
including topography, vegetation, streams, and tree cover.
c. Protect areas of important wildlife habitat.
d. Prevent soil erosion by permitting development according to the nature of the terrain.
e. Encourage the development of more attractive site design.
f. Reduce the cost and physical impact of public and private services.
g. Lessen the visual impact of development and preserve the scenic vistas and rural
atmosphere.
h. Preserve agricultural lands.
i.
Provide economies in the provision of public services.
13.2 Special Definitions.
a. Common Open Space: A parcel or parcels of land, or an area of water, or a
combination of land and water within the site designated for a Planned Unit
Development and designated and intended for the use or enjoyment of residents of the
Planned Unit Development. Common open space may contain complementary
structures and improvements as are necessary and appropriate for the benefit and
enjoyment of residents of the Planned Unit Development.
b. Development Rights: The potential for the improvement of a parcel of real property,
measured in dwelling units, existing because of the zoning classification of the parcel.
c. Landowner: The legal or beneficial owner or owners of all of the land proposed to be
included in a Planned Unit Development. The holder of an option or contract to
purchase, a lessee having a remaining term of not less than twenty (20) years or other
BRIDGER CANYON ZONING REGULATION
36
persons having an enforceable proprietary interest in such land, shall be deemed to be a
Landowner for the purposes of these provisions.
d. Open Space: Land subject to valid restriction against housing development, the
maintenance of which in its natural or agricultural state is necessary for the
enhancement of living conditions in Planned Unit Developments.
e. Plan: The provisions for development of a Planned Unit Development, including a plat
of subdivision, all covenants relating to use, location and bulk of buildings and other
structures, intensity of use or density of development, streets, ways and parking
facilities, and a general layout of water and sanitary facilities. The phrase “provisions of
the plan”, when used in these provisions, shall mean the written and graphic materials
referred to in this definition.
f. Planned Unit Development: An area of land, controlled by a landowner to be developed
as a single entity for a number of dwelling units, the Plan for which may not correspond
in lot size, bulk or type of dwelling, density, lot coverage and required open space to the
regulations established in the underlying zone. Multiple parcels within a Planned Unit
Development must be contiguous or share a common boundary.
(Amended: County Commission Resolution No. 1997-34).
g. Residential: Single family dwelling units, condominiums, and town houses.
h. Transfer of Development Rights: The conveyance of development rights by deed,
easement, or other legal instrument, authorized by the Bridger Canyon Zoning
Regulation, to another parcel of land and the recording of that conveyance at the Office
of the Gallatin County Clerk and Recorder.
13.3
Uses Permitted.
Any use permitted in the underlying zone classification, including single family
dwelling units, condominiums and townhouses.
13.4
Land Use Intensity Factor.
The land use intensity factor for each district shall be as shown following the PUD
symbol on the official Bridger Canyon Zoning Map.
13.5
Standards for Development.
a.
General: In approving an area for a planned unit development, at least one (1) of the
following conditions shall exist:
BRIDGER CANYON ZONING REGULATION
37
(1)
The parcel is situated such that the planned unit development will allow
flexibility of design for the protection of scenic vistas or will lessen the
visual impact of development.
(2)
The planned unit development will result in the preservation of agricultural
land and/or open space.
(3)
The parcel contains natural assets which will be preserved through the use of
the planned unit development. Such natural assets include vegetation,
stands of large trees, land which serves as a natural habitat for wildlife, and
streams.
(4)
The parcel contains topography that is suitable for minimizing the visual
impact of development. The planned unit development shall prevent erosion
and result in development more suitable to the nature of the terrain.
b.
Specific: In approving a site for a Planned Unit Development, the following
specific standards shall be met:
(1)
Determination of Density: Interpolation is permitted by rounding-off to the
nearest dwelling unit permitted (due to size of whole parcel.) Example:
minimum = 1 DU/20 acres
actual property survey – 389 acres
maximum number of dwelling units permitted would equal 20 units (by
rounding off to the nearest unit.)
(2)
Parking and Open Space: Parking and open space requirements are set forth
in the following table. Open space shall not include areas devoted to public
or private streets, parking, or areas covered by buildings. Open space may
include natural or agricultural ground, landscaped areas, recreational areas,
and water surfaces.
LAND USE INTENSITY
OFF-STREET PARKING
OPEN SPACE
(ACRES/DWELLING UNIT)
REQUIRED/DWELLING UNIT
REQUIRED AS %
OF LAND
80
2.0
99
40
2.0
98
20
2.0
95
10
2.0
90
5
2.0
90
2
2.0
85
1
1.5
80
0.5
1.5
75
BRIDGER CANYON ZONING REGULATION
38
0.3
1.5
70
(3)
Continuous boundaries for multiple parcels: The minimum continuous
boundary length to be shared by multiple parcels in a PUD shall be equal to
the minimum parcel width contained in 6.5(a).
(Amended: County Commission Resolution No. 1997-34).
c.
Dwelling Unit Design: Harmonious variations in materials, textures, and colors shall
complement and supplement the natural beauty and pleasant environment of the site and
the individual unit.
d.
Common area Access: Each building site shall have ready access to any common areas
and facilities.
e.
Car Circulation and Access: Road design should reflect the following factors:
(i)
Dwelling areas shall only have limited access to major traffic arteries.
Common access roads should be used when possible.
(ii)
Collector roads of ample width and flowing alignment shall feed traffic
between the arterial streets and to a network of minor access streets on
which most of the homesites are located. Streets and roads shall meet the
design standards contained in the Gallatin County Subdivision Regulations.
(iii)
Where terrain permits short loop streets and cul-de-sacs should be used for
minor streets.
f.
Parking: Parking shall reflect the following factors:
(i)
Occupant and guest car parking should be located so homesites are
conveniently served.
(ii)
Parking areas should be designed so that not more than an average of five
(5) spaces shall adjoin each other without intervening landscaped areas,
except in the Base Area where snow removal necessitates alternative
landscape schemes.
g.
Walks and Service Circulation: Walks and service circulation should reflect the
following factors:
(1)
Walks should be designed to provide convenient access to recreation,
service, parking and other common areas.
BRIDGER CANYON ZONING REGULATION
39
h. Setbacks: Front, side and rear setback requirements for structures shall be those of the
district with which the Planned Unit Development is combined or as established by the
approved plan.
i.
Open Space Areas: Open space areas should be situated in such a manner as to avoid
the crowding together of building uses and parking uses or to enhance visual or
recreational pursuits of residents.
j.
Sanitary and Water Facilities: The general layout of sanitary and water facilities shall
reflect that it is the intent of the plan to protect the environment, encourage the efficient
use of land in the general area, and comply with the requirements of County subdivision
and State health requirements.
k. All condominium and townhouse planned unit developments shall have and use bear-
proof refuse containers.
13.6
Procedure.
a.
Required Information: The developer shall submit to the Gallatin County Zoning Office
ten (10) copies of the following information:
(1)
Number and types of proposed dwelling units.
(2)
Number of off-street parking spaces.
(3)
Amount of open space or land to be left in agricultural production, by
acreage.
(4)
Amount of land, by acreage, to be covered by buildings.
(5)
Materials, textures and colors of structures, if proposed.
(6)
A location map showing the project in relation to the surrounding area.
(7)
A site plan showing:
(a)
Property lines and easements, with dimensions and area;
(b)
Location, size, spacing, setbacks, and dimensions of all existing and
proposed buildings, structures, improvements and utilities;
(c)
Topographic information showing existing features and any
proposed grading;
(d)
Existing vegetation, wildlife habitat, and water courses, floodplain,
and any proposed alterations;
(e)
Existing land use;
(f)
Existing access to the project, proposed roads, and parking layout, all
with dimensions;
(g)
Soil types, wetlands, and natural drainages.
(8)
Legal requirements: All Planned Unit Developments which contain areas of
common ownership or access shall submit covenants and other legal
documents which:
BRIDGER CANYON ZONING REGULATION
40
(a)
Legally create automatic-membership, non-profit homes association
or similar instrument.
(b)
Place title to any common property in the homes association, and
limit title to residual lands so that residential use in excess of that
permitted in this Regulation may not be made thereon.
(c)
Restrict title to required open space (whether held in common or not)
so that residential buildings or uses detrimental to the residential
portion of the Planned Unit Development may not be conducted
thereon.
(d)
Appropriately and permanently limit the uses of the common
property, open space, and residual agricultural lands.
(e)
Give each lot owner the right to use and enjoyment of the common
property.
(f)
Place responsibility for operation and maintenance of the common
property and roads in the home association.
(g)
Place an association charge on each lot which will:
(1)
Be a lien on the property;
(2)
Assure sufficient funds for maintenance of common
property;
(3)
Provide safeguards against unreasonably high charges and a
method to adjust assessments.
(h)
Provide for weed control in accordance with Gallatin County
Regulations.
All legal documents required under this section shall not be acceptable until approved
by the County Attorney when required by the County Commission; all deed restrictions
and association rules and regulations may be enforceable by the County of Gallatin as
well as by the association.
13.7
Staged Development.
If the sequence of construction of various portions of the development is to occur in stages,
then the open spaces and the recreational facilities proposed for the entire development shall
be developed, or committed thereto, in proportion to the number of dwelling units
constructed. At no time during the construction of the project shall the number of
constructed dwelling units exceed the overall density per acre established by the Land Use
Intensity Factor.
13.8
Procedure for Approval.
a. The method for considering a Planned Unit Development shall be the Conditional Use
Permit procedure.
b. If the Planned Unit Development is considered a subdivision according to the
definitions contained in 76-3-101 et seq., M.C.A., the development shall also be subject
to review as set forth in the Gallatin County Subdivision Regulations.
BRIDGER CANYON ZONING REGULATION
41
13.9
Transfer of Development Rights.
a.
Purpose: To provide a procedure under which land may be developed by transfer of
permitted dwelling units to locations suited for such development.
b.
Assignment of Density Rights:
(1) Bridger Canyon, AE and RF Districts: Density rights are as officially designated on
the Bridger Canyon Zoning Map, adopted February 23, 1989.
(2) Bridger Bowl Base Area: Density rights are as originally designated in the Bridger
Bowl Base Area Conceptual Plan, adopted May 22, 1979, and include subsequent
transfers of development rights as approved by the Bridger Canyon Planning and
Zoning Commission.
Base area owner density rights amended by Resolution 1999-01 on January 26, 1999.
c.
Record: A current record of available and transferred development rights shall be
maintained by the Subdivision Review Office. Any transfer of development rights shall
be recorded with the Office of the Gallatin County Clerk and Recorder and notification
shall be provided to the Subdivision Review Office.
d.
General: Base area development rights shall only be transferred within the boundaries
of the Bridger Bowl Base area. In the remainder of the Zoning District, development
rights may be transferred between and among the AE and RF districts. Development
rights are valued by the private market, and may be conveyed and reconveyed. The use
of development rights is subject to the procedures set forth in Section 13.9(e).
e.
Procedure. Application shall be made to the Bridger Canyon Planning and Zoning
Commission for the use of the development rights. The application shall consist of a
document indicating the ownership or contract to purchase development rights and the
necessary submittals for review as a Planned Unit Development, as required by the
Bridger Canyon Zoning Regulation and Gallatin County Subdivision Regulations.
Upon approval of the transfer of development rights and preliminary approval of the
Planned Unit Development, the applicant shall record the approved development rights
transfer document with the Office of the Gallatin County Clerk and Recorder.
13.10
Base Area Planned Unit Development.
It is the intent of the Base Area Planned Unit Development to allow for a variety of
overnight accommodations and recreational housing in the Base Area, and to require the
most dense development near the Ski Base facilities. It is further the intent of this
section to ensure that water, sewer, and land capabilities are adequate for proposed uses.
BRIDGER CANYON ZONING REGULATION
42
The following additional standards apply only to planned unit developments in those
areas zoned B-2, B-3 or B-4.
13.10.1 Uses Permitted. The following uses shall be permitted.
a.
Any use permitted in the basic zone classification, subject to the following
criteria:
(1)
All overnight accommodations and recreational housing shall be
clustered and include either ski-in/ski-out trails or other
transportation to the ski hill.
(2)
Trash receptacles shall be bear-proof and screened.
(3)
Parking lots and streets for overnight accommodations and attached
recreational housing shall be built to County gravel standards.
Parking lots shall be screened from view or located to the rear of
structures.
(4)
Sewage shall be disposed of through a central system or on site.
(5)
Water conservation methods shall be encouraged.
(6)
Adequate fire protection is provided.
b.
1.5 motel/hotel units are permitted for each allowable dwelling unit where
all of the following conditions apply:
(1)
There exists at least 2,000 square feet of retail commercial floor area
within one mile;
(2)
Recreation facilities on-site including a swimming pool with a
surface area of at least 800 sq.ft. or a game room of comparable size;
and,
(3)
No such unit shall have cooking facilities unless said unit including
the cooking facility is less than 500 sq.ft. in gross floor area.
c.
In addition to the requirements set forth in Section 13.6(a), the developers
shall submit ten (10) copies of the following information:
(1)
Drainage and stormwater runoff plans.
(2)
Floodplain delineation.
(3)
Traffic circulation and trip generation data.
(4)
Development time-table, not to exceed the time limits provided for
in the Gallatin County Subdivision Regulations.
(5)
For overnight accommodations:
(a)
number of rooms and estimated ultimate guest capacity shall
be supplied. The rationale for estimating the ultimate guest
capacity shall also be provided.
(b)
Information as to how the reservations and check-in will be
managed.
BRIDGER CANYON ZONING REGULATION
43
(6)
For recreational housing, the estimated ultimate population and
number of bedrooms shall be supplied. The demographic
information and rationale for estimating the ultimate population shall
be supplied.
(7)
Fire protection measures.
(8)
Number and type of development rights to be used.
13.10.2 Locational Requirements. The following separation of uses is required. These
distances are not setbacks of structures from lot lines, but are minimum
distances of the following uses from one another. All principal structures
and related facilities, such as garages, parking lots, swimming pools, etc.,
must meet the requirements for minimum separation of uses.
Overnight
Attached
Detached
Accommodations
Recreational
Recreational
Housing
Housing
Adjacent to B-2
None
200 ft; 10%
500 ft; 20%
of which is
of which is
vegetated
vegetated
Adjacent to RF and
500 ft; 25%
250 ft; 25%
100 ft; 20%
AE
of which is
of which is
of which is
vegetated
vegetated
vegetated
13.10.3Use of Reserve Development Rights. To use reserve development rights, the
following information must be submitted:
(a)
Plans which prove an adequate water supply and sewage disposal system.
(b)
Land capability testing and analysis which details slope and soil conditions.
(c)
Information to show that all recreational housing and overnight development
rights for that particular property have been used.
(d)
Analysis of the use of recreational housing development rights. The analysis
shall include the population and number of units used on a temporary basis
and the number used as year round residences.
13.10.4Allocation of Development Rights.
Section 9 establishes the Base Area Business District (B-2). A conditional use of
the B-2 District is overnight accommodations and attached recreational housing.
Section 10 establishes the Recreational Business District (B-3). A conditional use
of the B-3 District is overnight accommodations and attached recreational housing,
BRIDGER CANYON ZONING REGULATION
44
subject to the requirements of Section 13.10. Section 11 establishes the Base Area
Recreation and Forestry District (B-4). A permitted use in the B-4 District is one
dwelling unit per forty (40) acres. A conditional use of the B-4 District is overnight
accommodations and detached and attached recreational housing subject to the
requirements of Section 13.10. Regardless of basic development rights or permitted
uses in the Base Area, recreational housing and overnight accommodations may be
permitted through the PUD process of this Regulation subject to the following
allocation:
DEVELOPMENT RIGHTS ALLOCATION
APPROX
UNITS UNDER
REC.
OVERNIGHT
RESERVE
OWNERSHIP
ACRES
BASIC ZONING
HOUSING
UNITS
OVERNIGHT
360 Ranch
Tract 1
32.5
1
50****
23
26
Financial Dev. Corp.
Tract 2
Crosscut Ranch
61.5
1
****
5
6
Tract 3
Simkins & Haggerty
80.0
4
****
90
103
Tract 4
Montana Blesco North
20.0
1
****
52
59
Tract 5
Montana Blesco South
65.5
1
****
41
47
Bridger Bowl**
87.0
1
16
23
25
Hepburn
3.5
1
2
2
3
Lachenmaier
25.0
1
13
17
20
Bridger Pines***
29.0
1
** Ownership of two separate parcels
*** Previously developed for 60 units
**** The 50 Recreational Housing Development Rights granted to the 360 Ranch Corporation owned properties can be used within Tracts 1-5.
(Amended: County Commission Resolution No. 1996-4).
(Amended: County Commission Resolution No. 1999-1 on January 26, 1999).
Public lands shown on any map as being in the Base Area do not have any development rights of
one (1) dwelling unit per one-half (0.5) acre. Public lands shown on any map as being in the Base
Area are classified as RF and have a basic development right of one dwelling unit per forty (40)
acres as allowed in the Regulation.
(Amended: County Commission Resolution No. 1995-25).
BRIDGER CANYON ZONING REGULATION
45
SECTION 14 NON-CONFORMING RIGHT
14.1
Non-conforming Lots. The following regulations shall apply to non-conforming lots:
a. In any zone notwithstanding other limitations imposed by these regulations, structures
permitted in said zone may be erected on any single lot of record on the effective date of
this regulation.
b. A non-conforming lot shall not be divided or changed in any way to reduce the area of
the original lot or increase its non-conformity.
c. The boundaries of a non-conforming lot shall not be changed or adjusted for the purpose
of relocating a residential building site outside the original exterior boundaries of that
non-conforming lot of record.
14.2
Building Sites Which do Not Conform to the General Regulations.
a. In any district, notwithstanding other limitations imposed by this Regulation, structures
permitted in said district may be erected on any single lot of record on the effective date
of this Regulation. Such lot must be in separate ownership. A lot of record that does
not meet lot area or lot width requirements must still meet other requirements of the
district.
If two (2) or more lots and portion of lots with continuous frontage in single ownership
are of record at the time of adoption or amendment of this Regulation, and if all or part
of the lots do not meet the requirements established for lot width and area, the lands
involved shall be considered to be an undivided parcel for the purposes of this
Regulation. Where lots are larger than required by this Regulation, said lots may be
subdivided into smaller lots except no parcel may be divided so as to create a lot smaller
in lot width or lot area than required by this Regulation.
14.3
Non-conforming Uses of Land. A lawful use of land on the effective date of this regulation
or its amendment which is made no longer permissible by the terms of this regulation or its
amendment may be continued if it remains otherwise lawful, subject to the following
provisions:
a. No such non-conforming use shall be enlarged, increased or extended to occupy a
greater area of land than was occupied by such use as the effective date of the adoption
or amendment of this regulation.
b. No such non-conforming use shall be moved in whole or in part to any other portion of
the lot or parcel being occupied by such use at the effective date of the adoption or
amendment of this regulation.
BRIDGER CANYON ZONING REGULATION
46
c. If any such non-conforming use ceases for a period of more than 180 days, any
subsequent use of land shall conform to the zoning regulations for the zone in which it
is located. The term “ceases” as used in this case, shall mean that the activity in
question has not been in operation for a period of 180 days.
14.4
Non-Conforming Structures. Where lawful structures exist that could not be built under the
terms of this regulation, such structures may be continued so long as it remains otherwise
lawful, providing that:
a. No structure may be enlarged or altered in a way that increases its non-conformity.
b. Should such structures be destroyed by any means, in extent of more than 75% of its
replacement cost at the time of destruction it shall not be reconstructed except in
conformity with the provisions of this Regulation.
c. Should such structure be moved, it shall thereafter conform to the regulations for the
district to which it is relocated.
d. On any building devoted in whole or in part to any non-conforming use, work may be
done on ordinary repairs and fixtures, wiring, plumbing or repair or replacement of non-
bearing walls, to an extent not exceeding 10% of the replacement value of the building
in any one year, provided that such work does not increase the cubic content of the
building. Nothing in this regulation shall be deemed to prevent the strengthening or
restoring to safe conditions of any building or part thereof declared to be unsafe by any
official charged with protecting the public safety, upon order of such official.
e. Building existing on the effective date of this Regulation which is non-conforming only
as to setback from a public road may be expanded in any direction except closer to said
public road.
BRIDGER CANYON ZONING REGULATION
47
SECTION 15 GENERAL PROVISIONS
15.1
Utility Uses. Domestic Wireless Equipment and public utility distribution and transmission
lines, both overhead and underground, shall be permitted in all districts without the
necessity of first obtaining a land use permit.
15.2
Guest Facilities.
a. The following regulations shall apply to all guest ranches:
(1) Individual guest ranch quarters shall not contain kitchen or cooking facilities. This
shall not exclude the provision and use of a central kitchen and cooking facilities.
(2) Each individual guest room will be counted as a guest ranch unit as set forth in the
Bridger Canyon General Plan.
(3) Guest ranches shall provide or have direct access to riding trails or other recreational
facilities which will tend to limit off-site automobile travel.
b. Guest houses shall not contain kitchen or cooking facilities and shall not be offered for
rent or sale as an individual dwelling unit.
15.3
Temporary Occupancy. Temporary occupancy is a conditional use in all districts and is
subject to the following requirements. State Department of Health and Environmental
Sciences permits must be obtained when required.
a. Mobile Homes/Tepees.
(1)
Temporary mobile home or tepee occupancy may be permitted with a
special permit issued upon application by the Bridger Canyon Planning and
Zoning Commission. Such occupancy shall be limited for a period not to
exceed 1 year where all the following conditions exist:
(a)
A land use permit for a permanent dwelling has been issued;
(b)
Said mobile home or tepee does not violate any valid existing deed
restrictions;
(c)
Temporary dwelling must comply with all siting requirements
outlined in the Regulation;
(d)
The temporary site shall be bear-proof;
(e)
Temporary dwellings shall not be moved on site nor utilized for
occupancy until sewage disposal and water supply systems are
BRIDGER CANYON ZONING REGULATION
48
installed that meet all State and County Health Department
regulations.
b.
Work Camps.
(1)
Highway or Temporary Construction. Occupancy in connection with
highway or other temporary construction work may be permitted where all
of the following conditions are found to apply:
(a)
When construction work takes place outside urban areas, permanent
housing is unfeasible and trailer courts unavailable;
(b)
Temporary housing occupants are bona fide employees of the
construction contractor.
(2)
Lumber Camps. Occupancy for lumbering purposes may be permitted
provided all the following conditions are found to apply:
(a)
The location of said property is in an area where permanent housing
is unfeasible;
(b)
Trailer occupants are bona fide employees of a logging enterprise.
(3)
Mining Camps. Occupancy for mining purposes may be permitted on or
near the property where any mine is located, provided the temporary housing
is occupied for mining purposes.
15.4
Site Distance at Intersecting Streets. All intersections shall be free of visual obstruction for
a distance of fifty (50) feet in any direction from the intersection.
15.5
Bed and Breakfast Inns. All bed and breakfast inns shall be subject to the following
supplementary regulations.
a. The bed and breakfast inn must be the proprietor’s actual residence.
b. Breakfast shall be the only meal served and shall only be served to registered guests.
c. There shall be no alteration to the exterior of the structure which would change the
character thereof. Any alteration to the exterior of the structure which is for the purpose
of increasing the number of guest rooms shall be reviewed as a conditional use.
d. The number of guest rooms shall be limited to seven (7).
e. One parking space per guest room shall be provided, in addition to the two parking
spaces required for a single family dwelling unit. All parking shall be off-street.
BRIDGER CANYON ZONING REGULATION
49
f. Signs shall be of rustic wood with recessed lettering, illuminated by hooded spot lights
directed at the sign. Signs shall be mounted or hung on wooden posts, and only one
sign per establishment shall be permitted. Moving signs and flashing oscillating lights
shall be prohibited. Maximum area of the sign shall be twelve (12) square feet.
15.6
Lighting.
Any exterior lighting for any use shall be arranged and shielded so that the light source
cannot be seen from adjacent roads or property and so that no direct beams fall upon other
private property. All existing lights must be in compliance with the terms of this Regulation
within one (1) year of the date of its adoption.
15.7
Exterior Appearance.
All single family homes, (except those that are approved through the conditional use permit
process to house persons who labor on the same land unit on which such buildings are
situated) in the Bridger Canyon Zoning District shall meet the following standards:
a. No residential building shall exceed thirty-five (35) feet in height.
b. Minimum width of the main portion of any dwelling unit shall be twenty (20) feet.
c. For structures having a roof pitch of 3:12 or greater the maximum building height shall
be 35 feet; Roof pitches of 1:12 or greater and less than 3:12 shall have a height
limitation of 30 feet; Roof pitches of less than 1:12 shall have a height limitation of 25
feet.
d. All dwellings shall be built on mortared block or concrete foundations. Adequate
openings for access and ventilation shall be provided in each foundation.
e. Metal siding shall run in a horizontal direction and shall be lapped. Wood siding may
run in either a horizontal, vertical or diagonal direction.
f. All dwelling units manufactured substantially or entirely off-site shall meet current
Department of Housing and Urban Development guidelines.
15.8
Bridger Bowl Base Area Employee Housing
Intent: Employee housing is intended to serve as a residence for seasonal Bridger Bowl
Base Area employees. All employee housing in the Bridger Bowl Base Area shall be
subject to the following supplementary regulations. Plans and renderings required by this
section shall be submitted as part of the conditional use permit process.
BRIDGER CANYON ZONING REGULATION
50
a.
All employers of ten or more full time equivalent employees are required to provide
housing for a minimum of 10% of their employees. Calculation of the total number of
employees that will be generated shall be based on the following:
Retail
2 emp. units/1,000 sq. ft.
Service
2 emp. units/1,000 sq. ft.
Restaurants/Bars
1 emp. unit/500 sq. ft.
Offices
2 emp. units/1,000 sq. ft.
Overnight Accommodations
1 emp. unit/5 rooms
Ski Lift
1 emp. unit/60 persons of lift capacity per hour
For uses not listed, the provisions of Section 4.5 shall apply.
b.
The table provided in (a) is based on peak seasonal use. Subject to approval by the
Zoning Commission, employers may enter into written agreements to share employee
units on a seasonal basis. Written agreements shall be filed in the office of the Gallatin
County Clerk and Recorder.
c.
Employee housing shall contribute to the image of a cohesive development by
incorporating consistent design elements, including building scale and form. Employee
housing shall be subject to the design review criteria set forth in Sections 10.9 and 11.9.
d.
There shall be a minimum of 150 net livable square feet of living area per person. Net
livable square footage does not include interior or exterior hallways, parking, patios,
decks, common lounges, laundry rooms, mechanical areas and storage.
e.
Bathrooms shall be shared by no more than four persons, contain one toilet, one
lavatory, one bathtub with a shower and a total area of at least 60 square feet.
f.
Efficiency and studio employee housing units kitchen facilities shall contain a sink,
stove and refrigerator, shall be shared by no more than four persons and shall contain at
least 60 square feet.
g.
Twenty square feet of enclosed storage per employee shall be provided either within or
adjacent to the unit.
h.
Employee housing shall be located within walking distance of the job site or shuttle
service shall be provided.
i.
Employee housing units are excluded from the limitation of 800 density rights as set
forth in the Bridger Bowl Base Area Plan.
j.
For phased developments, employee housing can also be completed in phases. For each
phase, employee housing must be provided in accordance with the number of
employees generated.
BRIDGER CANYON ZONING REGULATION
51
k. Employee housing shall be owned by employers or by an employers consortium and
shalll be leased or included as wages. Employee housing shall be occupied only by
persons who work in the Base Area and their families.
BRIDGER CANYON ZONING REGULATION
52
SECTION 16 SIGNS
All signs within the districts shall be subject to the following requirements. No blinking, neon,
temporary or portable signs shall be permitted in the Bridger Canyon Zoning District. Signs shall
be made of materials using stone, masonry, steel or wood, be rustic in appearance, and shall only be
illuminated indirectly. Lettering and logos may be painted or bright in appearance. All existing
signs must be in compliance with the terms of this Regulation within one (1) year of the date of its
adoption.
a.
AE District.
(1)
Planned unit developments or subdivisions: one (1) identification sign, not
to exceed sixteen (16) square feet.
(2)
Agricultural Uses: One (1) sign no larger than twenty (20) square feet.
(3)
Residential Uses: One (1) identification sign, no larger than six (6) square
feet.
(4)
Real Estate for sale signs: no larger than six (6) square feet.
(5)
Recreational or Forestry Uses: one (1) sign no larger than thirty (30) square
feet, with dimensions not to exceed ten (10) feet in height or fifteen (15) feet
in width for a public recreational facility operating with a Gallatin National
Forest permit serving 100,000 or more visitors, and one (1) sign no larger
than twenty (20) square feet for a recreational facility serving less than
100,000 visitors.
b.
RF District.
(1)
Planned unit developments or subdivisions: One (1) identification sign, not
to exceed sixteen (16) square feet.
(2)
Recreation or Forestry Uses: One (1) sign no larger than twenty (20) square
feet.
(3)
Residential Uses: One (1) identification sign, no larger than six (6) square
feet.
(4)
Real estate for sale signs: no larger than six (6) square feet.
c. B-1 District.
BRIDGER CANYON ZONING REGULATION
53
(1)
One (1) free standing wooden sign no larger than fifty (50) square feet.
(2)
An additional sign may be installed on the building and shall be no larger
than fifty (50) square feet.
(3)
Signs shall pertain only to a use permitted on the premises; shall not project
above the highest point of the roof; shall be integral with the building, or
shall be attached flat against the building, or shall be suspended entirely
beneath the canopy portion of the building.
d.
B-2, B-3, and B-4 Districts.
(1)
The aggregate area of sign(s) shall not exceed one (1) square foot for each
linear foot of building frontage, but shall in no case exceed one hundred
(100) square feet.
(2)
Signs shall pertain only to uses permitted on the premises; shall not project
above the highest point of the roof; shall be integral with the building or
attached flat against the building, or shall be suspended entirely beneath the
canopy portion of the building.
e.
PLE District.
One (1) identification sign, no larger than twenty (20) square feet.
f.
PUD.
Sign regulations shall be the same as in the underlying zone.
BRIDGER CANYON ZONING REGULATION
54
SECTION 17 PERSONAL WIRELESS SERVICE FACILITIES
17.1
Intent. The intent of this Section is to provide for Personal Wireless Services in the
Zoning District while conforming to the goals of preserving the natural beauty and rural
character of Bridger Canyon, as expressed in the Bridger Canyon General Plan and
Development Guide.
17.2. Regulation of Personal Wireless Service Facilities.
17.2.1
A Conditional Use Permit and a Land Use Permit is required to place or construct any
Personal Wireless Service Facility.
17.2.2
If any of these provisions conflict with any applicable Telecommunications Laws, the
requirements or limitations of the Telecommunications Law shall control.
17.2.3
The regulations contained in this Section supersede all other provisions in the Regulation
that may be applied to Personal Wireless Communication Facilities, except as specifically
stated in this Section, and shall control in the case of a conflict.
17.3
Standards.
17.3.1
A Personal Wireless Service Facility shall comply with all applicable
Telecommunications Laws.
17.3.2
Servicing and construction shall occur during normal business hours, except as required
for emergencies and repair of unscheduled breakdowns or outages.
17.3.3
No Personal Wireless Service Facility shall be permanently staffed.
17.3.4
To the greatest extent possible, a Personal Wireless Services Facility shall be designed to
survive fire, wind and other natural disasters. If a Personal Wireless Services Facility is
damaged due to a natural disaster, a COW Facility is permitted for a period of not more
than one hundred twenty (120) consecutive days in a calendar year for temporary use
related to replacement or repair of the damaged Personal Wireless Services Facility. Prior
review or approval is not required for temporary use of a COW Facility as allowed by this
subsection.
17.3.5
Personal Wireless Service Facilities and the surrounding environment.
a.
Towers shall be of monopole design unless the Applicant demonstrates that an
alternative design would better blend into the surrounding environment.
BRIDGER CANYON ZONING REGULATION
55
b.
To the greatest extent possible, a Facility shall be constructed to conceal all
Towers, Antennas, and accessory structures. Visual mitigation techniques, such
as coloring painting, landscaping, screening, artificial trees, or a fire tower,shall be
used to blend the Facility into the surrounding environment. Visual mitigation
shall be maintained while the Facility remains in use and until dismantled and
removed by the Applicant or its successor or assign.
c.
Antennas shall be mounted on Towers so as to present the smallest reasonable
silhouette, profile, or cross-section.
d.
Facilities shall not be illuminated by artificial means and shall not display strobe
lights or other warning lighting, unless required by the FAA or other state or local
requirement.
e.
All equipment enclosures, fencing and other improvements accessory to a Facility
shall be designed to blend in with the surrounding environment and shall be
maintained in good appearance and repair. Ground mounted equipment shall be
screened from view by suitable vegetation.
f.
Equipment enclosures and other improvements accessory to a Facility shall
comply with the following height and quantity restrictions:
1)
The Building Height of equipment enclosure or accessory improvement
shall not exceed 12 feet unless the Applicant demonstrates that a taller
design will reduce the number of equipment enclosures and accessory
improvements at the Personal Wireless Service Facility and maintains
adequate concealment; or avoids a prohibition of service contrary to
Federal law.
2)
There shall be no more than four (4) equipment enclosures and accessory
improvements that comprise the Personal Wireless Service Facility unless
the Applicant demonstrates that more than four (4) equipment enclosures
and accessory improvements is necessary to maintain adequate
concealment or avoids a prohibition of service contrary to Federal law.
g.
Screening vegetation shall be provided for service road cuts and site grading,
where it does not already exist and/or replacement of existing vegetation.
h.
No grading shall occur on slopes in excess of 30%.
BRIDGER CANYON ZONING REGULATION
56
17.3.6
Antenna Support Structures, Antenna Towers, and Antennas comprising the Personal
Wireless Service Facility shall conform to the following height requirements:
a.
No Antenna Support Structure or Tower shall be of a type or height or placed in a
location that the FAA would require it to be lighted or painted.
b.
To the greatest extent possible, no part of a Facility shall break the skyline as seen
from Bridger Canyon Road (Highway 86), Jackson Creek Road, or Kelly Canyon
Road.
c.
The maximum height of all Antennas Support Structures and Antenna Towers
shall be determined as a condition of approval, except that no Antenna Support
Structures and Antenna Towers shall exceed more than 30 feet above the average
height of the mature vegetative canopy or 70 feet in total, whichever is greater,
unless the Applicant demonstrates that: (1) a taller design maintains adequate
concealment and prevents greater impacts from multiple Antenna Support
Structures and Antenna Towers, or (2) avoids a prohibition of service contrary to
federal law.
d.
The mature vegetative canopy shall not be harvested or otherwise removed unless
necessary to prevent interference or degradation of wireless services. Should the
mature vegetative canopy be destroyed by wildfire or other means caused by
Applicant or related to the Personal Wireless Service Facility, Applicant shall
replant evergreen trees in the location of the preexisting vegetation that measure at
least 10 feet in height and in an amount that satisfies silviculture standards for
ground cover.
17.3.7
Setbacks and Spacing
a.
Antenna Support Structures, Antenna Towers, equipment enclosures, fencing, and
other improvement accessory to a Facility shall observe the setbacks of the district
in which they are located, including but not limited to setbacks from boundaries,
creeks, watercourses, and roads.
b.
Antenna Towers and Antenna Support Structures shall observe additional
setbacks of
150% of the height of the Antenna Tower or Antenna Support
Structure from parcel boundaries, unless otherwise approved by the Planning and
Zoning Commission.
BRIDGER CANYON ZONING REGULATION
57
c.
The Planning and Zoning Commission may increase setbacks from property lines
for Personal Wireless Service Facilities to further mitigate adverse impacts.
17.3.8
Facilities shall be designed structurally, electrically, mechanically and in all respects to
accommodate both the Applicant’s Antennas and comparable Antennas for at least one
additional user.
17.3.9
An application for a new Facility shall not be approved unless the Applicant demonstrates
that existing or approved Towers, buildings, or alternative structures more than thirty (30)
feet in height (after first considering electric transmission towers) within a one mile
search radius of the proposed Facility cannot accommodate equipment planned for the
proposed Facility and provide functionally equivalent coverage to a specified service area.
The Applicant should provide evidence of the effort made to locate on an existing
Facility including a coverage/interference analysis, capacity analysis, and technological
feasibility, and a brief statement as to any other reasons for success or failure in locating
on an existing Tower, building, or alternative structure.
17.4
Conditional Use Permits (Personal Wireless Communication Facilities).
17.4.1
Applicant Requirements.
a.
The Applicant must currently be licensed by the FCC to provide fixed or mobile
wireless communication services or, if the applicant is not such an FCC licensee,
must demonstrate that it has binding commitments from one or more current FCC
licensees to utilize the proposed Personal Wireless Service Facility.
b.
The Applicant shall maintain commercial general liability insurance on an
occurrence basis all operations by or on behalf of Applicant, insuring against all
liabilities, claims and demands for injuries, loss and/or damage which result from
the approval, placement, construction, or modification of the Personal Wireless
Services Facility, including covrage for bodily unjury (including death), property
damage, personal and advertising injury, and contractual liability. The minimum
amount of this insurance shall be $500,000 per occurrence for liability and at least
$2,000,000.00 aggregate. Such policy or policies shall name the fee simple
landowner (if not the Applicant) and Gallatin County as additional insureds, shall
include a standard cross liability endorsement or severability of interest clause
and, shall be primary as respects the additional insureds, with any insurance
maintained by the additional insureds being excess and noncontributing. Such
insurance policies may not be canceled or materially altered without thirty (30)
days’ prior written notice to Applicant and ten (10) days’ prior written notice if
such cancellation is due to non-payment of premiums. The Applicant, or its
successor or assign, shall maintain such coverage in full force until such time as
all above-ground portions of the Facility have been removed and the area
BRIDGER CANYON ZONING REGULATION
58
reclaimed to its natural state. Evidence (i.e., certificate) of the liability insurance
prescribed above shall be required prior to Land Use Permit approval.
17.4.2
Bond Requirement.
a.
A removal bond in an amount of one-and-half times the estimated cost to remove
the Personal Wireless Service Facility, potential site remediation, and/or
satisfaction of the conditions and requirements contained in this Regulation, shall
be posted as a condition of approval or renewal of a Conditional Use Permit for a
Personal Wireless Service Facility. Gallatin County shall be named as the
Obligee, Applicant shall be the Principal, and the Surety shall be acceptable to
Gallatin County. The term of the bond shall match the term of the Conditional
Use Permit.
b.
The bond shall be forfeited if any removal and remediation work required of the
Applicant is not completed within the timeframe required by Section
17.7
(“Abandonment and Removal”).
17.4.3
Submittal Requirements. An application for a Conditional Use Permit shall include:
a.
A completed conditional use application form and a development plan, prepared
by the Applicant or Applicant’s agent.
b.
Cover letter describing the project.
c.
Plans for reclamation of all disturbances associated with project(s), including re-
vegetation and noxious weed control.
d.
Copies of Applicant’s FCC licenses or binding commitments from an FCC
licensee.
e.
The Lease, if applicable or proof of ownership of the real property on which the
Personal Wireless Service Facility will be located.
f.
Proof of legal access to the location of where the Personal Wireless Service
Facility will be located, in the form of a public right of way, recorded easement, or
other means defining the scope of access.
g.
Evidence documenting the infeasibility of locating the planned Personal Wireless
Service Facility upon an existing or approved tower, building or other structure as
required by Section 17.3.9.
BRIDGER CANYON ZONING REGULATION
59
h.
Elevation plans of the Personal Wireless Service Facility, including all equipment
enclosures, fencing, and other improvements accessory to a Facility, with scaled
dimensions.
i.
A site development plan prepared by a Montana registered land surveyor, architect
or professional engineer, containing the following information:
1)
Vicinity maps, including:
a)
Scale and north arrow.
b)
The location of all Facilities and electric transmission towers
within one mile.
c)
A copy of the section of the 1:24,000 USGS quadrangle showing
the proposed site and latitude and longitude coordinates.
2)
A detailed site map, including:
a)
Scale and north arrow.
b)
The name, address and telephone number, signature and seal of the
professional preparing the site development plan.
c)
All identifiable Structures located on the parcel, all private and
public roads, highways and underground and overhead utilities.
d)
Surveyed boundary lines, and corners of the parcel containing the
proposed Antenna Tower construction and its fall zone.
e)
The ground elevation of the proposed Antenna Tower’s base and
all proposed Antenna Support Structures.
f)
Location and size of all proposed Structures and access to any
Personal Wireless Service Facility, including existing roads and
any roads proposed to be constructed in connection with
construction or operation of the Personal Wireless Service Facility.
g)
Delineation of vegetative cover and slopes in excess of 30%.
BRIDGER CANYON ZONING REGULATION
60
h)
Proposed landscaping including a legend providing a description of
plant materials shown on the plan, including typical symbols,
names (common and/or botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread, and
spacing.
i)
Materials list and photos of proposed fencing materials (if any) that
are to be used to enclose the Personal Wireless Service Facility.
j)
Description of all adjacent land uses and property owner names.
j.
Federal Certifications.
1)
FAA certification that the proposed Personal Wireless Service Facility has
received a “Determination of No Hazard to Air Navigation” and that the
Facility and Antenna Towers do not require lighting where such is
required by the FAA.
2)
If applicable, FCC or other applicable federal agency certification that the
maximum radio frequency and electromagnetic frequency emissions meet
federal standards. A condition of approval shall require the Applicant to
continue to provide this certification on an annual basis to the Planning
Department.
k.
Upon direction of the County Planning Department, a proposed mock-up, balloon,
or similar test to demonstrate the height, silhouette, or profile of the proposed
Personal Wireless Service Facility.
l.
Any additional information as deemed necessary by the Planning Department
during any pre-application reviews.
17.4.4
Review Time for Submittals
a.
Within thirty (30) days of the receipt of an application, the Planning Department
shall notify an Applicant in writing that its application is:
1)
Complete; or
2)
Incomplete, including the specific reasons why the application is
incomplete and does not meet the submittal requirements.
BRIDGER CANYON ZONING REGULATION
61
b.
If the Planning Department informs the Applicant that its application is
incomplete within thirty (30) days, the overall timeframe for review is suspended
until the Applicant provides the requested information.
17.4.5
Conditional Use Permit Approval.
a.
Applications for a Personal Wireless Service Facility Conditional Use Permit may
be approved, conditionally approved, or denied by the Bridger Canyon Planning
and Zoning Commission. The Commission may make the granting of the Personal
Wireless Service Facility CUP subject to reasonable limitations or conditions, as
allowed by all applicable laws and regulations, as it deems necessary or
appropriate to protect the health, safety, and general welfare of the citizens of the
County and the Bridger Canyon Zoning District; to mitigate or avoid any and all
adverse impacts; and to make the proposed Personal Wireless Service Facility
conditional use more compatible and consistent with the intent of the Bridger
Canyon General Plan and Development Guide and Zoning Regulation.
b.
Timing.
1)
An application shall be approved, conditionally approved, or denied within
150 days of its submittal to the Planning Department.
2)
The 150-day period may be extended by mutual written consent of the
Applicant and the Planning Department.
3)
If an application is incomplete as filed, the 150-day timeframe does not
include the time the Applicant takes to respond to the Planning
Department’s requests for additional information under § 17.4.4(b).
c.
Notice of the public hearing to consider the application shall be provided
according to the procedure in Section 18.3.6 Conditional Use Permits in this
Regulation. In addition, notices advertising the scheduled public hearing for a
proposed Personal Wireless Service Facility shall be posted in at least three (3)
locations visible to the public on or near the parcel containing the proposed
Facility, or on a nearby public road. Such signs shall be posted at least fifteen
(15) days prior to any public hearing.
d.
Approval Criteria. The Bridger Canyon Planning and Zoning Commission may
grant a permit for a use classified as a Personal Wireless Service Facility
Conditional Use Permit only if it is found, in addition to the requirements of
Section 18.3 of these Regulations (“Conditional Use Permits”) that:
BRIDGER CANYON ZONING REGULATION
62
1)
The use conforms to the objectives of the Bridger Canyon General Plan
and Development Guide and the intent of these Regulations;
2)
The use will not adversely affect nearby properties, residents, natural
resources or views;
3)
The use meets the standards in Section 17.3;
4)
The use increases availability of or access to communications services to
residents of and visitors in the Zoning District.
5)
The decision to grant or deny conditional approval of the use would not:
a)
Unreasonably discriminate among providers of functionally
equivalent services;
b)
Prohibit or have the effect of prohibiting the provision of Personal
Wireless Services;
6)
A public hearing, after notice has been given and has been held.
e.
A decision to deny an application for a Personal Wireless Service Facility shall
not be made on the basis of the environmental effects of radio frequency
emissions to the extent that the facility complies with the FCC’s regulations
concerning emissions.
f.
The decision to approve, conditionally approve, or deny an application for a
Personal Wireless Service Facility shall be in writing and supported by substantial
evidence contained in a written record. If an application is denied, the Planning
and Zoning Commission must issue written Findings of Fact and Conclusions of
Law that contain a clear statement of the reasons for the denial separate from any
references to the oral record.
g.
Upon approval of a Conditional Use Permit for a Personal Wireless Service
Facility, the site development plan shall be recorded with the Gallatin County
Clerk and Recorder.
17.4.6
A Conditional Use Permit for a Personal Wireless Service Facility shall have a time limit
of no more than ten years from the date of issuance. Prior to the end of the ten-year
period, the applicant and/or the current structure owner shall be responsible for
submitting an application for renewal to the Gallatin County Planning Department.
Extension requests do not require public notification. Approvals to extension requests
shall be issued in writing upon a determination by the Planning Director that:
BRIDGER CANYON ZONING REGULATION
63
a.
Renewal of the Conditional Use Permit shall be based on compliance with the
conditions of approval; and
b.
There are no unresolved complaints with the Compliance Department; and
c.
The Tower and Facility shall be maintained and kept in good repair.
17.4.7
Prior to the transfer of ownership of an existing Facility, the Applicant shall submit an
application to the Planning Department for transfer of the original Conditional Use
Permit. The application must include a statement from the new owner/operator that they
agree to abide by all conditions of the issued Conditional Use Permit, evidence of
insurance, and proof that either the bond has been updated or a new one has been issued
on behalf of the new owner/operator.
17.5
Requests for Modifications.
17.5.1
A request for Modification of an existing Antenna Tower or base station shall be made in
writing to the Planning Department.
17.5.2
The Planning Director shall approve a request for Modification if the Modification does
not substantially change the physical dimensions of the existing Antenna Tower or base
station.
17.5.3
The Planning Director should seek assistance from the County Attorney’s Office in
determining whether a Modification would result in a substantial change based on
applicable Telecommunications Laws and agency interpretations thereof.
17.5.4
The approval of a Request for Modification may be conditioned on the Applicant’s
compliance with the standards and regulations for Personal Wireless Service Facilities;
17.5.5
Review Time for Submittals
a.
If the Planning Department requires additional information from the Applicant to
consider its request for a Modification, it shall notify the Applicant within thirty
(30) days from the time it receives the request that the request as submitted is
incomplete.
b.
If the Planning Department informs the Applicant that its request is incomplete
within thirty (30) days, the overall timeframe for review is suspended until the
Applicant provides the requested information.
BRIDGER CANYON ZONING REGULATION
64
c.
A request for Modification shall be approved or denied within 90 days of its
submittal to the Planning Department. The 90-day timeframe does not include
the time that the Applicant takes to respond to the Planning Department’s requests
for additional information.
d.
The 90-day period may be extended by mutual written consent of the Applicant
and the Planning Department.
17.6
Appeals.
Any person adversely affected by any final action or failure to act by Gallatin County or
any instrumentality thereof regarding the placement, construction, or modification of a
Personal Wireless Service Facility may, within 30 days after such action or failure to act,
commence an action in any court of competent jurisdiction.
17.7
Abandonment and Removal.
a.
If at any time the use of an approved Personal Wireless Service Facility is
discontinued for ninety (90) consecutive days, upon proof of such abandonment
the Planning Director may declare the facility to be abandoned.
b.
Upon the Planning Director’s declaration that a facility is abandoned, the Planning
Director shall provide the Applicant with written notice that it shall either (1)
continue use of the facility within ninety (90) days or (2) dismantle and remove
the facility within ninety (90) days.
c.
Within ninety (90) days of the removal of a facility, the Applicant shall reclaim
any area disturbed by the Facility to the satisfaction of the Planning Director and
as required by any applicable local, state, or federal law.
d.
If reactivation, remediation, or dismantling does not occur as required herein,
Gallatin County may make a claim on the bond provided for herein, or may
conduct the work or contract to have the work performed and assess the owner or
operator for all costs associated with such work.
e.
The Planning Director may grant an Applicant’s request for an extension of the
time limits provided in subsection (b) upon the Applicant’s showing of good
cause.
BRIDGER CANYON ZONING REGULATION
65
SECTION 18 ADMINISTRATION
18.1
Employees and Officers. In accordance with Section 76-2-102 of the Revised Codes of
Montana, the Bridger Canyon Planning and Zoning Commission is hereby authorized to
appoint and hire such employees and officers as shall be necessary to carry out the
provisions of this regulation, including a Zoning Enforcement Agent.
The Zoning Enforcement Agent may be an employee of the County of Gallatin and if so,
shall perform duties hereunder without renumeration in excess of his regular salary.
18.2
Land Use Permits. No structure shall be built, moved or structurally altered until a land use
permit has been issued by the Planning and Zoning Commission or their agent. The fee for
land use permits shall be determined by the Planning and Zoning Commission. Structures
less than
100 square feet in size do no require a land use permit, but must be in
conformance with setback and other requirements.
18.2.1
Land use permits shall be issued only for uses in conformance to these regulations,
upon approved conditional use permits or variances, and where authorized by the
Planning and Zoning Commission.
18.2.2
Land use permits shall be in writing and shall be in such form as is specified by the
Planning and Zoning Commission.
18.2.3
For buildings which clearly comply with all of these regulations land use permits
may be issued by the Zoning Enforcement Agent in the name of the Planning and
Zoning Commission.
18.2.4
In the event a prospective building does not comply with the provisions of this
regulation, the prospective permittee shall apply to the Planning and Zoning
Commission for a variance.
18.2.5
Land use permits shall expire one (1) year from the date of issuance. For an
extension of the permit, a letter of request shall be submitted prior to the expiration
date noting any alterations in the plans as approved on the original permit.
18.2.6
Where new sanitary facilities or the extension of the existing sanitary facilities are
contemplated, aland use permit shall not be issued until the builder has first obtained
a sewer permit from the County Health Department or approval of sanitary facilities
from the State Department of Health, whichever is appropriate.
18.3
Conditional Use Permits and Variances. Provisions of this subsection shall regulate the
issuance of conditional use permits and variances.
18.3.1 Variances. Variances from the terms of this Zoning Regulation shall be granted
only if it is found that because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict application of
BRIDGER CANYON ZONING REGULATION
66
this Zoning Regulation deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification.
18.3.2
Conditional Use Permits. Conditional Use Permits shall be issued only by the
Bridger Canyon Planning and Zoning Commission and may be issued for any of the
uses as set forth in this Regulation. Such permit may be granted only if it is found
that the establishment, maintenance, or operation of the use or building applied for
will not under the circumstances of the particular case, be detrimental to health,
safety, peace, morals, comfort and general welfare of the Bridger Canyon Zoning
District.
18.3.3
Permits, Terms of Issuance. A conditional use permit or variance may be issued for
a revocable, temporary, permanent or term period. It may contain such conditions
as are authorized by State statute and this Regulation, including but not limited to:
a.
Requiring dedication of rights-of-way;
b.
Requiring improvements of rights-of-way;
c.
Requirements for landscaping to protect adjoining property;
(1)
If landscaping is required, security shall be provided to ensure that
the landscaping is properly installed. Such security shall be in the
form of a certificate of deposit or a certified check in the amount
equal to 110% of the estimated cost of the landscaping, as approved
by the Zoning Enforcement Office, to ensure that the landscaping is
installed and maintained for a period of one (1) year. The security
and any interest shall be returned one (1) year after the installation of
landscaping, if the landscaping has been maintained. The required
security shall not be reduced or paid out if the landscaping has not
been maintained.
d.
Regulation of placement of uses on the property.
e.
Regulation of height.
f.
Regulation of the nature and extent of the use.
g.
Regulation of the length of time which such use or variance may be
permitted.
18.3.4
Security. The Planning and Zoning Commission may in most cases, require
guarantees in the form of bonds, cash deposits , certificates of deposit, or certified
checks in order to secure compliance with conditions imposed.
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67
18.3.5
Procedure for Issuance. Application:
a.
All applications for conditional use permits or variance shall be filed with
the Gallatin County Planning Office, accompanied with the appropriate
filing fee.
b.
If an application for conditional use permit or variance is rejected on its
merits by the Planning and Zoning Commission, no further application for a
permit for the same use on the same property may be filed for a period of
one (1) year from the effective date of such denial except as provided in
subsection (c) below.
c.
A further application may be filed by such applicant for such use on such
property within such one (1) year period with the permission of the Bridger
Canyon Zoning Commission. Such permission shall be granted only if the
applicant can show a substantial change of conditions from those existing at
the time of such previous denial.
18.3.6
Notice of Hearing. Whenever an application for a conditional use permit or
variance is filed, a public hearing thereon shall be held within sixty (60) calendar
days after the filing of the application. At least fifteen (15) days before such
hearing, the Planning and Zoning Commission shall give:
a.
Mail notice to all persons owning property within 300 feet of the exterior
boundaries of the area occupied or to be occupied by the use for which the
permit is sought, or
b.
Give notice by publishing notice of hearing two (2) times in the newspaper
of general circulation in this county.
18.3.7
Decision: After completion of the public hearing, the Planning and Zoning
Commission shall make its decision in writing, which decision shall include
findings of fact as to whether the criteria established for the issuance of a permit are
satisfied.
18.3.8
Revocation and Modification. Conditional use permits and variances are revokable:
a.
By operation of law:
(1)
Lapse of time. Unless otherwise specifically provided by the
Planning and Zoning Commission at the time of issuance of the
conditional use permit or variance all conditional use permits and
variances granted for an indefinite term which have not been utilized
by engaging in the activity or use authorized thereby within one (1)
year after the date of issuance shall automatically expire by operation
BRIDGER CANYON ZONING REGULATION
68
of law. The date of issuance shall be the date that the conditional use
permit or variance become effective.
(2)
Expiration. All conditional use permits issued for a definite term
shall
automatically expire at the end of the term.
(3)
Re-zoning. Notwithstanding subparagraphs (1) and (2) above, all
conditional use permits and variances which have not been utilized
by engaging in the authorized use on the site by the date any zoning
Regulation becomes effective which re-zoned the property to
provide for use regulations inconsistent with that authorized by the
permit or variance shall automatically expire on that date by
operation of law.
(4)
For purposes of subparagraph (a) above, a conditional use permittee
or a variance permittee shall not be considered as engaging in the
authorized use on the site until the following conditions are satisfied:
(a)
Buildings proposed for construction in connection with the
proposed use are in the process of actual construction on the
site, or
(b)
If remodeling proposed for existing buildings in connection
with the proposed use has actually been commenced on the
site, or
(c)
If no construction or remodelling is contemplated and the
permittee is regularly engaged on the site in performing the
services or in selling the goods, materials, or stocks in trade
of the use, and has secured all necessary federal, state and
local permits and licenses.
(d)
Planned unit developments: A survey of the property has
been filed.
b.
Upon
notice and hearing. Permits and variances may be revoked or
modified by the Zoning Commission:
(1)
If there has been:
(a)
A substantial change of conditions from those at the time the
permit or variance was granted.
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69
(b)
Revocation or modification is necessary to protect the health,
safety, and welfare of the area in which the subject property
is situated or the residents of the county, to preserve the
integrity of existing use patterns in the area in which the
subject property is situated, or
(2)
If the person holding the permit or variance has not complied with
the conditions upon which it was issued. Modification or revocation
may only be had after following the public hearing requirements of
this Regulation. Appeals from modification or revocation shall be
governed by the public hearing requirements of this Regulation.
18.3.9 Land Use Permits. No land use permit shall be issued other than in accordance with
the conditions and terms of the conditional use permit or variance. No land use
permit shall be issued until time for appeal on a conditional use permit or variance
has elapsed and all appeals finally decided. Construction shall begin within one (1)
year of the date the permit is issued or the permit is automatically void.
18.3.10 Extension of Permits.
a.
Not later than thirty (30) days prior to the expiration of a conditional use
permit, the holder thereof may file written application with the Planning and
Zoning Commission requesting an extension of time and setting forth the
reasons for such request. Each application shall be accompanied by the
appropriate fee.
b.
Within five (5) days from receipt of such application for extension, the
Planning and Zoning Commission shall send a notice of such application by
mail to persons, or their successors in interest of record in the County
Assessor’s Office, who received mailed notice of the original application
from the Planning Department. Attached to such application shall be a
notice that any person objecting to such extension shall, within fifteen (15)
calendar days from the date of posting, notify the granting authority of such
objection.
c.
If any objection is received from those notified, extension request will be
held according to the public hearing requirements of this Regulation.
d.
If no objection is received, the Planning and Zoning Commission may
extend the permit or variance for a period of time equivalent to the original
period for which granted, or for one (1) year, whichever is shorter.
e.
An extension may only be granted upon finding of fact by the Planning and
Zoning Commission that there has been no change of condition or
circumstances would have been grounds for denying the original application.
BRIDGER CANYON ZONING REGULATION
70
18.4
Enforcement.
a.
Permits, When Void. All departments, officials, and employees of Gallatin County
which are vested with the duty or authority to issue permits or licenses, shall conform to
the provisions of this Regulation and shall issue no such permits or licenses for uses,
building, or purposes where the same would be in conflict with the provisions of the
Regulation and any such permits or licenses, if issued in conflict with the provisions of
the Regulation, shall be and the same is hereby declared to be null and void.
b.
Enforcement. It shall be the duty of the Planning and Zoning Commission, its officers,
agents and employees to enforce the provisions of this Regulation pertaining to the
erection, construction, re-construction, moving, conversion, alteration, or addition to
any building or structure. It shall be the duty of all officers of said County herein or
otherwise charged by law with the enforcement of County Ordinances to enforce this
Regulation and all the provisions of the same.
c.
Compliance. Any person may file a written complaint with the Gallatin County
Planning Department whenever a violation of this regulation occurs or is alleged to
have occurred. The complaint shall state fully the facts supporting the complaint.
Upon receipt of a complaint, or upon its own initiative, Gallatin County Planning
Department and/or Compliance Department staff shall immediately investigate and
take action as provided by the regulation. The investigator shall notify the person of
the alleged violation and request access for an inspection. If access is denied, the
investigator may seek an administrative warrant. With reasonable cause, the Planning
and/or Compliance departments may revoke any land use permit, issue cease and
desist orders requiring cessation of any building, moving, alteration or use which is in
violation of the regulation and require corrective action, including dismantling or
removal of non-complying structures, to remedy the violation.
d.
Injunction. After the exhaustion of administrative remedies and pursuant to MCA §
76-2-113, the County Attorney, in conjunction with the Code Compliance Specialist,
may bring an action in the name of the County of Gallatin in the District Court to
enjoin any violations of this ordinance.
The owner or tenant of any building, structure, premises, or part thereof, and any
architect, builder, contractor, agent or other person/entity who commits, participates
in, assists or maintains such violation may each be held accountable for a separate
violation.
The prevailing party may be awarded all costs, including attorney’s fees.
e.
Fines. The Planning and Zoning Commission may assess violator’s fines of up to
$500 per day of violation for noncompliance until the violation is remedied. When
BRIDGER CANYON ZONING REGULATION
71
determining the amount and duration of a fine, the Planning and Zoning Commission
shall consider the nature, circumstances, extent and gravity of the violation, any prior
history of such violations, the degree of culpability, and such other matters as justice
may require. In addition, the violator may be required to pay administrative costs. If
the fine is not paid, it shall become a lien upon the property. An alleged violator may
appeal the assessment of a fine to the County Commission as set forth below.
f.
Appeal Process (Violations). An alleged violator may appeal a Gallatin County
Planning or Compliance Department’s decision regarding a violation in writing via
certified mail to the Planning and Zoning Commission within ten (10) business days.
The Planning and Zoning Commission shall hold a hearing within 45 business days
from the date that the appeal was received. The Planning and Zoning Commission
shall, in writing, affirm, modify or withdraw the Department’s decision within 20
business days after the hearing. Once an appeal for a hearing has been made, the
Department’s decision shall be stayed until the Planning and Zoning Commission has
held the hearing and affirmed, modified or withdrawn the determination of the
Department. Any final decision made by the Planning and Zoning Commission will
be binding upon the Department.
Any person may appeal a final decision of the Planning and Zoning Commission
within 30 days to the Eighteenth Judicial District Court.
g.
Appeal Process (Fines). An alleged violator may appeal a Planning and Zoning
Commission’s assessment of a fine for noncompliance to the County Commission
with 10 business days in writing via certified mail. The County Commission shall
hear the appeal at a regularly scheduled meeting within 45 business days from the
date the appeal was received, and shall, in writing, affirm, modify or withdraw the
Planning and Zoning Commission’s decision within
20 business days after the
hearing. Once an appeal for a hearing has been made, the Planning and Zoning
Commission’s decision shall be stayed until the County Commission has held the
hearing and affirmed, modified or withdrawn the determination of the Planning and
Zoning Commission.
Any person may appeal a final decision of the Board of County Commissioners
within 30 days to the Eighteenth Judicial District Court.
(Amended: County Commission Resolution No. 2004-67)
(Amended: County Commission Resolution No. 2004-144)
BRIDGER CANYON ZONING REGULATION
72
18.5
Appeals.
a. Appeals from the decision of the Zoning Enforcement Agent concerning interpretation
of this Regulation may be taken in writing to the Planning and Zoning Commission.
b. Appeals from any decision of the Zoning Enforcement Agent may be taken within five
(5) working days, in writing, to the Planning and Zoning Commission.
c. A public hearing shall be held on any appeal only if the matter appealed was required by
the terms of this Regulation to be decided after holding a public hearing. Notice of such
hearing shall be as set forth in Section 18.3.6 herein.
d. Any person aggrieved by any decision of the Planning and Zoning Commission, may
within thirty (30) days after such decision or order, appeal to District Court.
18.6
Amendments.
a. This Regulation may be amended whenever the public necessity and convenience and
the general welfare require such amendment and according to the procedure prescribed
by law, and this Regulation.
18.6.1
An amendment may be initiated by:
a.
The petition of one or more land owners of property affected by the
proposed amendment, which petition shall be signed by petitioning land
owners and shall be filed with the Gallatin County Planning Office, and
shall be accompanied by the appropriate fee payable to the County of
Gallatin, no part which shall be returnable to the petitioner; or by
b.
Resolution of intention of the Board of County Commissioners or
c.
Resolution of intention by the Planning and Zoning Commission.
18.6.2 Such amendment shall not become effective until after a public hearing has been
held before the Zoning Commission, legal notice of which shall have been given in
a newspaper of general circulation in the county not less than fifteen (15) days prior
to date of hearing.
BRIDGER CANYON ZONING REGULATION
73
SECTION 19 FEES AND INVALIDATION
If any section, subsection, subdivision, sentence, clause, paragraph, or phrase of this regulation or
any attachments hereto is for any reason held to be unconstitutional or void, such decision shall not
affect the validity of the remaining portions of these regulations to render the same operative and
reasonably effective for carrying out the main purpose and intention of the regulations.
1. Fees – All applications for permits, zone changes, conditional uses, or variances shall be
accompanied by the applicable fees, which shall be established by the Planning and
Zoning Commission by resolution after public notice and hearing.
No permit, zone change, conditional use, or variance shall be issued unless or until such
costs, charges, fees or expenses have been paid in full, nor shall any action be taken on
proceedings before the Planning and Zoning Commission, unless, or until, preliminary
charges and fees have been paid in full.
BRIDGER CANYON ZONING REGULATION
74
SECTION 20 INTENT.
The intent of these zoning regulations is not to prevent particular activities, but rather to regulate
and promote the orderly development of the area. Nor are these regulations set up to prevent the
full utilization of lands used for grazing, horticulture, agriculture, or for the growing of timber.
Nothing in these regulations shall be deemed to authorize an Regulation, resolution, rule, or
regulation which would prevent the full utilization of lands used for grazing, horticulture,
agriculture, or for the growing of timber.
BRIDGER CANYON ZONING REGULATION
75
SECTION 21 ADOPTION
This entire regulation was adopted October 26, 1971, and amended on December 5, 1973, May 4,
1976, May 1, 1980, December 9, 1981, October 29, 1985, October 30, 1985, December 5, 1985,
February 23, 1989, June 26, 1991, August 12, 1993, December 9, 1993, January 26, 1999, May 4,
2004 and October 20, 2004.
1.
This Regulation was amended by Resolution No.
1995-46 of the Gallatin County
Commissioners on August 22, 1995.
2.
This Regulation was amended by Resolution No.
1996-4 of the Gallatin County
Commissioners on January 16, 1996.
3.
This Regulation was amended by Resolution No.
1997-34 of the Gallatin County
Commissioners on July 1, 1997.
4.
This Regulation was corrected on August 8, 1997, by direction of the Gallatin County
Attorney’s Office to change the word “ORDINANCE” TO “REGULATION” throughout this
document.
5.
This Regulation was amended by Resolution No.
1999-01 of the Gallatin County
Commissioners on January 26, 1999.
6.
This Regulation was amended by Resolution No.
2004-67 of the Gallatin County
Commissioners on May 4, 2004.
7.
This Regulation was amended by Resolution No.
2004-144 of the Gallatin County
Commissioners on October 20, 2004.
8.
This Regulation was amended by Resolution No.
2008-131 of the Gallatin County
Commissioners on October 22, 2008.
9.
This Regulation was amended by Resolution No.
2010-123 of the Gallatin County
Commissioners on November 30, 2010.
10.
This Regulation was amended by Resolution No.
2014-078 of the Gallatin County
Commissioners on July 22, 2014.
11.
This Regulation was amended by Resolution No.
2014-093 of the Gallatin County
Commissioners on September 9, 2014.
12.
This Regulation was amended by Resolution No.
2014-103 of the Gallatin County
Commissioners on September 30, 2014.
BRIDGER CANYON ZONING REGULATION
76
APPENDIX A
NATURAL RESOURCE CONDITIONAL USE PERMITS
1.
Natural Resource Conditional Use Permits. All exploration and development relating to
non-renewable natural resources, including: oil, gas, and coal bed methane production,
including test wells, production wells, compressor stations; commercial quarries; and,
surface and underground mining, shall require review in accordance with the provisions
of Section 18.3 of these Regulations and the conditional use permit process described
herein (Appendix A).
2.
The Bridger Canyon Planning and Zoning Commission may grant a permit for a use
classified as a Natural Resources Conditional Use Permit only if it is found:
a.
The use conforms to the objectives of the Bridger Canyon General Plan and
Development Guide 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 financial security has been provided to mitigate any adverse effects;
f.
The use meets density, height, setback, lighting, 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, state, and local regulations; and
h.
A public hearing, after notice has been given, has been held.
3.
Procedure for Obtaining a Natural Resources CUP. An applicant for a Natural Resources
CUP shall submit the preliminary application, as described in Section
4. below,
accompanied by the appropriate fee, to the Planning Department. Upon determination
that the application is complete, the Planning Department shall schedule a hearing before
the Bridger Canyon Planning and Zoning Commission and provide the required legal
notice. The Planning and Zoning Commission may not deny a preliminary application
but shall take public comment on the content of the Initial Development Plan. The
Bridger Canyon Planning and Zoning Commission shall provide the applicant with its
comments on the Initial Development Plan in writing within 30 working days of the
public hearing on the preliminary application.
BRIDGER CANYON ZONING REGULATION
77
Subsequent to completion of the preliminary application process, an applicant for a
Natural Resources CUP may submit the final application, as described in Section 5.
below, accompanied by the appropriate fee, to the Planning Department. Upon
determination that the application is complete, the Planning Department shall schedule a
hearing before the Bridger Canyon Planning and Zoning Commission and provide the
required legal notice. The Bridger Canyon Planning and Zoning Commission shall
consider the application material, applicant testimony, the Staff Report and public
comment. The Bridger Canyon Planning and Zoning Commission shall not grant a
Natural Resources CUP unless the findings required under Section 2. are satisfied. The
Bridger Canyon Planning and Zoning Commission shall provide the applicant with
written findings regarding its decision.
4.
Preliminary Application. Applicant shall submit a Preliminary Application to the
Planning Department. Fifteen copies of the application shall be provided, accompanied by
all fees established under the Planning Department Fee Schedule. The Preliminary
Application shall include the following information:
a.
A completed conditional use 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:
Cover letter describing project and submittal material;
Copy(s) of all associated mineral leases;
Copy(s) of all orders from the Montana Board of Oil and Gas
Conservation, and associated stipulations;
Name and location of all water wells, springs, and surface water within a
one-and-a-half mile radius of the parcel boundaries of the proposed
project;
Detailed site inventory map and site development plan (1” = 50’), to
include all existing and proposed structures, well pad location(s), rights-
of-way, fencing, lighting, pipelines, pertinent surface features, areas of
wildlife and wildlife habitat, and all development and mitigation measures
associated with application. Applicant shall submit color photos of well
location, and or area from proposed well to north, south, east and west;
Complete written description of project including but not limited to:
proposed hours of operation, duration of project, operation of project,
including staffing schedule(s) and estimated trips per day; traffic study
and/or other information as required by the Gallatin County Road and
Bridge Superintendent; fire and disaster mitigation plan(s); etc.;
An approved Noxious Weed Control and Revegetation plan through the
Gallatin County Weed Control District;
Plans for reclamation of all disturbances associated with project(s); and
BRIDGER CANYON ZONING REGULATION
78
Any additional information as deemed necessary by the Planning
Department during any pre-application reviews.
b.
Name and address of all property owners within a one-and-a-half mile radius of
proposed project, including postage for certified mail to each address.
5.
Final Application. Applicant shall submit a Final Application to the Planning
Department. The full fee established under the Planning Department Fee Schedule shall
accompany all Final Applications. The Final Application shall include a completed
conditional use permit application, a Final Development Plan, and an Environmental
Impact Statement (EIS), conducted by a third-party Montana State licensed professional
engineer (PE) qualified to evaluate the project’s impacts, at the Applicant’s expense. The
Final Application shall also contain all required Performance Bonds and other securities
and fees as indicated below.
a.
Applicant shall provide the Final Development Plan based on information
provided in the (EIS). The Final Development Plan shall:
Provide evidence of the fee simple surface owner’s consent;
Document plans to protect property values of surrounding properties;
Document plans for fire protection and emergency response, including
comments by the Bridger Canyon Fire District;
Document adequate water quantity for the proposal;
Demonstrate plans for protecting surface and ground water quality;
Demonstrate plans for conservation of important fish, wildlife and plant
habitat;
Demonstrate plans for compliance with local, state and federal air quality
regulations and/or standards;
Demonstrate plans for landscaping and its long-term maintenance so as to
limit soil erosion and be in compliance with local, state and federal soil
management and conservation regulations and/or standards;
Demonstrate plans to comply with all applicable weed control regulations;
Include a schedule of phased-in development to diffuse impacts over time;
Demonstrate plans for compliance with
§§ 85-2-205 and 82-11-175,
MCA, and other applicable local, state and federal laws or regulations
regarding disposal of all ground water involved with the proposal;
Demonstrate plans for reclamation for all disturbances associated with the
project(s); and
Address all comments raised by the Bridger Canyon Planning and Zoning
Commission as a result of their review of the Preliminary Application.
b.
The EIS shall include:
Appraisal of current property values for all properties within one-and-a-
half miles of the parcel boundaries of the proposal;
BRIDGER CANYON ZONING REGULATION
79
An analysis of effects of proposed development on fire and emergency
response systems;
Thorough collection of fish, wildlife and plant inventories within all areas
impacted by the proposal;
Collection of baseline data of existing surface and ground water quality
and quantity;
Collection of baseline data of existing air quality;
Collection of baseline data of existing noise levels;
An analysis by a qualified person or entity of the Final Development
Plan’s specific measures to protect and conserve: (1) property values; (2)
water quality and quantity; (3) agricultural and conservation usage; (4)
plant and wildlife habitat; (5) air quality; and (6) noise levels; and
A Monitoring Schedule for effective third party monitoring, on at least a
monthly basis, by a State of Montana licensed and bonded environmental
engineer, of all development, as stated in the submitted Final Development
Plan. The Bridger Canyon Planning and Zoning Commission shall approve
the Monitoring Schedule. The licensed and bonded environmental
engineer third party monitor shall be agreed upon by the Bridger Canyon
Planning and Zoning Commission and the Applicant. The Monitoring
Schedule shall contain all the requirements listed in Section 6.
6.
Monitoring Schedule. The Monitoring Schedule must provide a mechanism for prompt
notification to any and all local, state, or federal agencies involved in any permit or
certification required for the proposal. The purpose of such notification is to ensure
adequate enforcement of existing local, state and federal laws and regulations to protect
private property and other rights of Montana citizens and Montana’s natural resources.
The Monitoring Schedule shall require the Applicant to prepare and submit to the
Planning Department a Monthly Monitoring Report.
a.
Monthly Monitoring Report. The Monthly Monitoring Report shall include a
description of all data collected during the period, as well as data trends collected
over time, detailed descriptions of any and all spills, leaks, contaminations,
regardless of whether the spill, leak or contamination is a violation of local, state
or federal laws or regulations. The Monthly Monitoring Report shall also include
a detailed description of any violation of local, state, or federal laws or regulations
and any corrective action taken. The Monthly Monitoring Report shall be a
requirement of conditional approval and the failure to supply such Monthly
Monitoring Report may be grounds for revocation of a Natural Resource CUP.
b.
Monitoring Expenses/Performance Bonds. Such monitoring shall be at the sole
expense of the Applicant, and a specific Monitoring Performance Bond shall
guarantee all costs of monitoring. The Monitoring Performance Bond shall be
approved by the Gallatin County Attorney and made payable to the environmental
engineer selected as the third party monitor. Gallatin County shall be a beneficiary
of the Monitoring Performance Bond and shall have express authority to collect
BRIDGER CANYON ZONING REGULATION
80
upon said bond in the event Applicant, their successors or assigns, fails to
adequately monitor the project. The Monitoring Performance Bond shall be
updated annually and shall provide for payments and expenses of all monitoring
for no less than a 10-year period from the date of each update. Failure to maintain
payment to the monitor and failure to maintain an adequate Monitoring
Performance Bond for all monitoring expenses for no less than 10 years from the
date of each update shall be cause for revocation of the conditional use permit.
The Monitoring Performance Bond shall be in addition to any required
reclamation bond or other performance bond required by any other local, state, or
federal agency.
7.
Conditional Approval. Final Applications for a Natural Resource Conditional Use Permit
may be approved, conditionally approved or denied by the Bridger Canyon Planning and
Zoning 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 Bridger Canyon Planning and Zoning Commission shall make the
granting of the Natural Resource CUP subject to reasonable limitations or conditions as it
may deem necessary to protect the health, safety, and general welfare of the citizens of the
County and the Bridger Canyon Zoning 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 intent of the Bridger Canyon General Plan and Development Guide
and Zoning Regulations. 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 rights-
of-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 EIS and the public hearing(s) and the written
comments from the public, so as to improve environmental and property
protection;
j.
The Bridger Canyon Planning and Zoning Commission shall impose conditions
requiring the developer to use best available low-impact technologies, such as
aquifer recharge, clustered development, directional drilling, mufflers for
BRIDGER CANYON ZONING REGULATION
81
compressor stations, discharge water desalination, infiltration or treatment, etc., to
minimize impacts on underground water reserves, rivers and streams, and surface
resources; and
k.
The Bridger Canyon Planning and Zoning 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, any Applicant for any mineral, oil and gas exploration
or extraction, along with all contractors and subcontractors to post separate site-
specific performance bonds for each tract of property affected by the proposed
Natural Resource 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 Impact Study. Failure to maintain adequate
performance bonding shall be cause for revocation of the CUP.
8.
Expiration/Extension. The Bridger Canyon Planning and Zoning Commission may issue
a Natural Resource CUP for a definite term. Extensions can be obtained through written
application with accompanying fee made at least sixty (60) days prior to expiration. A
public hearing will be held and property owners within one-and-a-half miles of the
project’s parcel boundaries 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.
9.
Definitions.
a.
Commercial Quarry. A facility, business, function or area and related activities where 1)
stones, sand, gravel, or rock fragment are mined or excavated and/or processed using any
available technology for off-site distribution, sale, or use: or
2) raw materials are
processed into concrete products using any available technology for off-site distribution,
sale, or use; or raw materials are processed into asphalt products using any available
technology for off-site distribution, sale, or use.
b.
Conditional Use. A use that may be commenced only upon approval of 1) a Conditional
Use Permit and compliance of all applicable requirements and conditions and or 2) A
Natural Resources Conditional Use Permit and compliance of all applicable requirements
and conditions.
c.
Environmental Assessment (EA). A statement of the effect of proposed development, and
other major private or governmental actions, on the environment.
d.
Environmental Impact Study
(EIS). The detailed study of the potential effects of
designated development on the local environment.
BRIDGER CANYON ZONING REGULATION
82
e.
Excavation, Commercial. Any excavation or removal of natural materials for profit,
which is not related to site preparation for development.
f.
Excavation, Personal. The process of altering natural (grade) elevation by any activity by
which natural materials are cut, dug, quarried, uncovered, or relocated for personal use on
site. Does not include ordinary gardening, ground care, or agricultural purposes.
g.
MCA (Montana Code Annotated). The collection of Montana statutes classified by
subject.
h.
MDEQ. Montana Department of Environmental Quality.
i.
Mineral Resource Development (Mining). The extraction of minerals, including solids,
such as coal and ore; liquids, such as crude petroleum; and gases, such as natural gases.
Including any operation that mines sand and gravel or mixes concrete or batches asphalt.
j.
Mineral Rights. One of a number of distinct and separate rights associated with real
property that gives the owner of rights certain specified privileges, such as to extract, sell,
and receive royalties with respect to minerals.
k.
Mining. The extraction of minerals, including solids, such as coal and ore; liquids, such
as crude petroleum; and gases, such as natural gases. Including any operation that mines
sand and gravel or mixes concrete or batches asphalt.
l.
Quarry. A place whence stones, sand, gravel, or rock fragments are extracted for the
purpose of being employed in building, making roads, and the like.
m.
Quarrying Operations. Any activities where 1) stones, sand, gravel, or rock fragment are
mined or excavated and/or processed using any available technology or 2) raw materials
are processed into concrete products using any available technology or raw materials are
processed into asphalt products using any available technology.
BRIDGER CANYON ZONING REGULATION
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F:\Plans & Regulations\Zoning Districts\BC\ORD\zone reg Sept.2014.doc
BRIDGER CANYON ZONING REGULATION
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