ZONING DISTRICT #1 ZONING REGULATIONgallatincomt.virtualtownhall.net/.../districts/ZD1_update_102004.pdfdocument duly adopted by the Commission which is intended to guide the growth

ZONING DISTRICT #1

ZONING REGULATION

ADOPTED FEBRUARY 9, 1995

Zoning District #1 Zoning Regulation i

TABLE OF CONTENTS

SECTION 1 TITLE, CREATION AND ADOPTION ............................................................ 1

SECTION 2 INTENT ............................................................................................................... 1

SECTION 3 PURPOSES AND BOUNDARIES .................................................................... 2

SECTION 4 DEFINITIONS .................................................................................................... 3

SECTION 5 SRR: SEMI-RURAL RESIDENTIAL ZONE .................................................. 9

SECTION 6 R: GENERAL RESIDENTIAL ZONE ........................................................... 13

SECTION 7 LB: LIGHT BUSINESS ZONE ....................................................................... 17

SECTION 8 PARKING REQUIREMENTS ......................................................................... 21

8.1 General Requirements ....................................................................................... 21

8.2 Single Family, Duplex, Triplex and Fourplex .................................................. 22

8.3 Boarding Homes and Bed and Breakfast Inns .................................................. 22

8.4 Places of Worship .............................................................................................. 22

8.5 Condominiums .................................................................................................. 24

8.6 Convenience Stores ........................................................................................... 25

8.7 Financial Institutions; Offices ........................................................................... 26

8.8 Gasoline Service Stations .................................................................................. 28

8.9 Mobile Home Parks ........................................................................................... 29

8.10 Restaurants......................................................................................................... 29

8.11 Townhomes ....................................................................................................... 30

8.12 Warehousing and Self-Service Storage Facilities ............................................. 30

SECTION 9 SIGN REGULATIONS .................................................................................... 33

9.1 Definitions ......................................................................................................... 33

9.2 Signs Permitted as a Matter of Right ................................................................ 33

9.3 Signs Requiring a Sign Permit .......................................................................... 34

9.4 Signs Prohibited ................................................................................................. 34

9.5 General Sign Regulations .................................................................................. 34

9.6 Computation of Sign Area ................................................................................. 35

9.7 Business Sign Requirements ............................................................................. 35

9.8 Bed and Breakfast Inn and Boarding Home Sign Requirements ..................... 36

9.9 Subdivision and Mobile Home Park Identification Signs ................................ 37

Zoning District #1 Zoning Regulation ii

9.10 Home Occupation Sign Requirements .............................................................. 37

9.11 Sign Permit Procedures ..................................................................................... 37

SECTION 10 GENERAL BUILDING AND DEVELOPMENT STANDARDS ................. 39

10.1 Purpose and Intent ............................................................................................. 39

10.2 Standards for Specific Uses ............................................................................... 39

1. Residential Structures: General Standards .............................................. 39

2. Residential Accessory Buildings ............................................................. 40

3. Bed and Breakfast Inns and Boarding Homes ......................................... 40

4. Condominiums ......................................................................................... 41

5. Family Day Care and Nursery Facilities ................................................. 41

6. Gasoline Service Stations......................................................................... 41

7. Home Occupations ................................................................................... 42

8. Mobile Home Parks ................................................................................. 42

9. Self-Service Storage Facilities ................................................................. 42

10.3 Refuse Storage ................................................................................................... 43

10.4 Visibility at Intersections ................................................................................... 43

10.5 Noise Standards ................................................................................................. 44

10.6 Livestock Regulations ....................................................................................... 44

SECTION 11 NON-CONFORMING PARCELS, USES AND STRUCTURES .................. 45

SECTION 12 CONDITIONAL USES .................................................................................... 49

SECTION 13 VARIANCES .................................................................................................... 53

SECTION 14 LAND USE PERMITS ..................................................................................... 55

SECTION 15 ADMINISTRATION ........................................................................................ 57

SECTION 16 FEES, CHARGES AND EXPENSES .............................................................. 58

SECTION 17 C0MPLAINTS AND INVESTIGATIONS ...................................................... 58

SECTION 18 ENFORCEMENT AND PEMALTIES ............................................................ 58

SECTION 19 MINIMUM REQUIREMENTS ....................................................................... 59

SECTION 20 AMENDMENTS AND CHANGES ................................................................ 59

SECTION 21 INVALIDATION .............................................................................................. 59

SECTION 22 ADOPTION....................................................................................................... 60

Zoning District #1 Zoning Regulation 1

SECTION 1 TITLE, CREATION AND ADOPTION 1.1 This regulation shall be known as the "Zoning District #1 Zoning Regulation", and is

adopted as a revised zoning regulation for the Zoning District #1 Planning and Zoning District. The district was created on May 18, 1970, and this revised regulation adopted on February 9, 1995.

1.2 Pursuant to Section 76-2-101 M.C.A., there is created a Planning and Zoning

Commission for the Zoning District #1 Planning and Zoning District which consists of the three County Commissioners, the County Surveyor, and the County Assessor.

1. The Commission shall have all the powers delegated to it by the laws of the State of

Montana and by this Regulation. 1.3 Pursuant to Section 76-2-104 M.C.A., there is adopted a development pattern. The

development pattern shall consist of the Zoning District #1 Development Plan and the Zoning District #1 Zoning Regulation.

SECTION 2 INTENT 2.1 The intent of these revised zoning regulations is to regulate and promote the orderly

development of the area. Nothing in these regulations shall be deemed to authorize an ordinance, resolution, rule, or regulation which would prevent the full utilization of lands used for grazing, horticulture, agriculture, or the growing of timber.

It is also the intent of the Zoning District #1 Advisory Committee and the Commission

that these zoning regulations, along with the goals and objectives of the Zoning District #1 Development Plan, be considered as one integrated set of development standards for the district, and that both documents be used when reviewing new developments.


SECTION 3 PURPOSES AND BOUNDARIES

3.1 Purposes: To promote health, safety, and general welfare and to:

A. Prevent overcrowding;

B. Conserve property values;

C. Preserve scenic resources;

D. Ensure high water quality standards;

E. Promote orderly residential development;

F Guide limited commercial development to the most appropriate locations;

G. Provide for the need of affordable housing;

H. Implement the development plan for the Zoning District #1 Planning and Zoning

District.

3.2 Description. The Zoning District #1 Planning and Zoning District is described in zones

as set forth on the Official Zoning Map, hereby adopted by reference and declared to be a

part of this regulation.

3.3 Certificate. The Official Zoning Map shall be available at the County Clerk and

Recorder’s Office and shall bear a certificate with the signature of the Chairman of the

Gallatin County Commission, attested by the County Clerk and the date of adoption.

3.4 Map Changes. At such time as map amendments are made, or in the event that the map

becomes damaged, destroyed, lost or difficult to interpret, the Official Zoning Map shall

be updated, adopted, and certified pursuant to Section 3.3 of this regulation.

3.5 Official Zoning Map. Regardless of the existence of purported copies of the map which

may from time to time be made or published, the Official Zoning Map on file in the

office of the County Clerk and Recorder shall be the final authority as to current zoning

in the district.

(Amended by County Commission Resolution No. 1999-23 on May 25, 1999)


SECTION 4 DEFINITIONS

The following definitions are provided for clarification:

4.1 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; and, (2) contributes to the

comfort, convenience, or necessity of occupants of the principal building or principal use.

4.2 Agriculture: Art or science of cultivating the ground, including harvesting of crop and

rearing and management of livestock; tillage; husbandry; farming; horticulture; forestry;

and the science and art of the production of plants and animals for sale. This includes all

uses customarily incidental thereto, but does not include any agricultural industry or

business such as packing plants, fur farms, animal hospitals, commercial dog kennels,

commercial feed lots or similar uses.

4.3 Animals: Species domesticated for agricultural uses including livestock, poultry, fish,

and birds.

4.4 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 actual

residence, and serves only a limited breakfast to registered guests.

4.5 Boarding Home: A dwelling unit with two or more guest rooms in which, for

compensation, lodging is provided.

4.6 Building: Any structure built for support, shelter, or enclosure of persons, animals, or

property of any kind.

4.7 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.

4.8 Building Site: A parcel of land occupied or intended to be occupied by buildings

permitted herein and which includes such size, dimension, open space, and parking as are

required in the zone in which such site is located.

4.9 Commercial: A land use classification that permits facilities for the buying and selling

of goods and services.

4.10 Commission: The Zoning District #1 Planning and Zoning Commission.


4.11 Conditional Use: Uses, other than permitted uses, that may be allowed in a specific

zoning category, but which require a public hearing by the Commission to consider

additional safeguards to maintain and assure the health, safety, and general welfare of the

community and to maintain the character of the Zoning District #1 Zoning District.

4.12 Condominium: A building, or group of buildings, in which dwelling units are owned

individually, and the structure, common areas, and facilities are owned by all the owners

on a proportional, undivided basis.

4.13 Convenience Store: Any retail establishment offering for sale prepackaged food

products, household items, newspapers and magazines, sandwiches and other freshly

prepared foods such as salads and coffee, for off-site consumption.

4.14 Density: The total number of acres required per dwelling unit.

4.15 Development Plan: Development plan shall include any document or portion of any

document duly adopted by the Commission which is intended to guide the growth and

development of the area.

4.16 Duplex: A building on a single lot containing two single-family dwelling units totally

separated from each other by an un-pierced wall extending from ground to roof.

4.17 Dwelling, Single Family: A building designed with complete, permanent, and

independent living facilities for one family.

4.18 Dwelling, Multiple Family: Any building or portion thereof containing two or more

apartments or dwelling units.

4.19 Dwelling Unit: A group of inter-related rooms having living, sleeping, cooking, and

complete sanitary facilities for one family.

4.20 Family: Any individual or persons related by blood or marriage, or a group of up to 4

persons (excluding servants) who are not related by blood or marriage, living together as

a single, permanent non-profit housekeeping unit, as distinguished from a group

occupying a hotel, club, communal development, fraternity house, etc.

4.21 Family Day Care and Nursery Facilities: A private residence providing for the care,

supervision, and protection of children.

4.22 Financial Institutions: Establishments such as banks, savings and loans, credit agencies,

investment companies, brokers, and dealers of securities and commodities.

4.23 Floor Area: The total of all floor areas of a building, excluding stairwells, elevator

shafts, and equipment rooms.


4.24 Floor, Ground: That portion of a building or structure located with its floor between the

average ground elevation and the ceiling directly above.

4.25 Fourplex: A building on a single lot containing four single-family dwelling units totally


4.26 Gasoline Service Station: Any building, land area, or other premises, or portion thereof,

used for the retail dispensing of vehicular fuels.

4.27 Home Occupation: The use of a portion of a dwelling or accessory structure as an office,

studio, or work room for occupations at home. The activity must be clearly incidental to

the use of the dwelling for a residence and shall not change the character or appearance

thereof.

4.28 Incidental: Subordinate and minor in significance and bearing a reasonable relationship

with the principal use

4.29 Landscaping: The vegetative planting of trees, shrubs, grass, flowers, etc. This

definition shall also include the designing of the placement of such materials.

4.30 Lot: A designated parcel, tract or area of land established by plat, subdivision, or as

otherwise permitted by law, to be separately owned, used, developed, or built upon.

4.31 Lot Coverage: The total area of a lot covered by the principal and accessory buildings.

4.32 Lot Width: The distance as measured in a straight line, between side lot lines at the

points of intersection with the required front yard setback.

4.33 Manufactured Housing: Residential single-family dwellings constructed off-site and

transported to the District and placed on a parcel of land, on a permanent concrete

foundation.

4.34 Mini-Warehouse: See: Self-Service Storage Facility.

4.35 Mobile Home: A semi-portable unit built to be transportable on its own chassis, designed

to be used as a dwelling when connected to appropriate utilities and support structures.

4.36 Mobile Home Park: A tract of land providing two or more mobile home lots for lease or

rent to the general public.

4.37 Motor Home: See: Travel Trailer.


4.38 Non-Conforming Parcel: A parcel, the area, dimensions or location of which was lawful

prior to the adoption, revision or amendment of this zoning regulation but that fails by

reason of such adoption, revision or amendment to conform to the present requirements

of the zoning ordinance.

4.39 Non-Conforming Structure: A structure, the size, dimensions or location of which was

lawful prior to the adoption, revision or amendment to this zoning regulation but that fails

by reason of such adoption, revision or amendment to conform to the present

requirements of the zoning regulation.

4.40 Non-Conforming Use: A use or activity that was lawful prior to the adoption, revision or

amendment to this zoning regulation but that fails by reason of such adoption, revision or

amendment to conform to the present requirements of the zoning regulation.

4.41 Open Space: Land subject to valid restriction against development, the maintenance of

which in its natural or agricultural state is necessary for the enhancement of living

conditions in the Zoning District #1 Planning and Zoning District.

4.42 Parcel: See: Lot.

4.43 Parking space, off-street: A space located off any public right-of-way for parking of any

one vehicle, having access to a public street or road.

4.44. Places of Worship. A church, synagogue, temple, mosque or other facility that is used

for prayer by persons of similar belief.

4.45 Planning Director: The Planning Director of Gallatin County, as officially appointed by

the Gallatin County Commission.

4.46 Principal Use: A primary purpose for which a land area, building or structure is used.

4.47 Restaurant: A commercial establishment with dining facilities which serves meals and

beverages to the general public, and which may provide music and dancing, and the

serving of alcoholic beverages, as incidental uses.

4.48 Self-Service Storage Facility: A structure or structures containing separate, individual,

and private storage spaces of varying sizes leased or rented on individual leases for

varying periods of time.

4.49 Structural Alteration: Any change in the shape or size of any portion of a building or of

the supporting members of the building or structures such as walls, columns, beams,

arches, girders, floor joist, or roof joist.

4.50 Structure: An edifice or building of any kind or any piece of work artificially built up,

constructed or composed of parts joined together in some definite manner.


4.51 Structure, Agricultural: Any structure for which the primary purpose or use is

agriculture.

4.52 Structure, Principal: Primary building or structure upon a parcel which houses the

principal use of the premises.

4.53 Structure, Residential: Any structure for which the principal use is for residential

housing or related uses.

4.54 Townhomes: A single-family dwelling in a row of at least three such units in which

each unit has its own front and / or rear access to the outside, no unit is located over

another unit, and each unit is separated from any other unit by one or more vertical

common walls.

4.55 Travel Trailer: A vehicular portable structure designed as a temporary dwelling for

travel, recreation, and vacation uses, which is not more than nine (9) feet in body width

during transportation.

4.56 Triplex: A building on a single lot containing three single-family dwelling units totally


4.57 Use: The purpose for which a building or other structure or a tract of land may be

designed, arranged, intended, maintained, or occupied; or any activity, occupation,

business, or operation carried on or intended to be carried on in a building or other

structure or on a tract of land.

4.58 Variance: A device which grants a property owner relief from certain provisions of the

zoning regulation when, because of the particular physical surroundings, shape, or

topographical condition of the property, compliance would result in a particular hardship

upon the owner, as distinguished from an inconvenience.

4.59 Warehouse: A building used primarily for the storage of goods and materials.

4.60 Zoning Enforcement Agent: The duly authorized agent appointed by the Commission for

the purpose of administering and enforcing this regulation.


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SECTION 5 SRR: SEMI - RURAL RESIDENTIAL ZONE

5.1 Purpose and Intent

This zone is intended to provide for the continuation of existing agricultural pursuits,

while also allowing for limited residential development. It is also the intent of this zone

that new residential development be designed to minimize impacts upon nearby

agricultural uses, and that residential development be designed to interface with nearby

agricultural operations.

5.2 Uses Allowed After Securing a Land Use Permit:

1. One Single Family Dwelling Unit per One-Half Acre.

2. One Duplex per Acre.

3. Places of Worship.

4. Family Day Care and Nursery Facilities.

5. Accessory Uses:

A. Accessory buildings or structures customarily used in conjunction with

permitted uses.

B. Home Occupations.

5.3 Uses Allowed After Securing a Conditional Use Permit:

1. One Triplex per Acre.

2. One Fourplex per Acre.

5.4 Property Development Regulations:

1. Lot Dimensions:

A. Single family:

Minimum lot area: 1/2 acre

Minimum lot width: 90 feet

B. Duplex, triplex and fourplex:

Minimum lot area: 1 acre


C. Places of worship:




2. Lot Setbacks (see diagram below for example):

A. Single family, duplex, Front yard: 25 feet 1

triplex and fourplex: Rear yard: 12 feet

Side yard: 12 feet

Corner side yard: 25 feet 1

B. Places of worship: Front yard: 40 feet

Rear yard: 25 feet 2

Side yard: 25 feet 2

Corner side yard: 40 feet

1 when adjacent to existing agricultural uses, this setback shall be

increased to 40 feet. 2 when adjacent to existing residential uses, this setback shall be

increased to 40 feet.

C. Eaves, awnings, and similar architectural features may project a maximum

of five feet into any front, side, or corner side yard setback, provided that

such features shall maintain a minimum distance of five feet to any

property line and are not less than eight feet in height above grade. Such

appendages shall be supported only at or behind the building setback line.

3. Building Height: The maximum building height allowed in this zone shall be

32 feet.

4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in

this zone shall be 30%.

5. Subdivisions Adjoining Agricultural Lands: The following shall be considered

when subdividing land which adjoins agricultural land:

A. Lot designs and configurations will be used which will minimize the

exposure of home sites to adjacent agricultural practices.

B. The developer shall demonstrate, through site plan design, that the

subdivision will not pose a significant impact upon adjoining agricultural

lands.


SETBACK DIAGRAM

SINGLE FAMILY

NOTE: Yards must be measured from property lines.

THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY




SECTION 6 R: GENERAL RESIDENTIAL ZONE


This zone is intended to provide development standards for a variety of residential

development, at the same time ensuring compatibility with existing development.


1. One Single Family Dwelling Unit per One-Half Acre.

2. One Duplex per Acre.

3. Family Day Care and Nursery Facilities.

4. Accessory Uses:

A. Accessory buildings or structures customarily used in conjunction with

permitted uses, less than or equal to 400 square feet in floor area.

B. Home Occupations.


1. Mobile Home Parks.

2. Residential Condominiums.

3. Townhomes.

4. Accessory buildings or structures customarily used in conjunction with permitted

uses greater than 400 square feet in floor area.

5. Places of Worship.

6. Boarding Homes

7. Bed and Breakfast Inns.


1. Lot Dimensions:

A. Single family:

Minimum lot area: 1/2 acre


B. Duplex:




C. Townhomes:

Minimum site size: 1/2 acre

Minimum average lot area: 3,600 square feet

Minimum lot width: The width of the interior units shall be the

minimum lot width, but in no case less than

24 feet.

Maximum density: 12 dwelling units per acre

D. Condominiums:

Minimum site size: 1/2 acre


Maximum density: 12 dwelling units per acre

E. Mobile home parks:

Minimum site size: 1 acre

Minimum lot size: 6,000 square feet


F. Places of worship:



2. Lot Setbacks (see diagrams below for examples):

A. Single family, Front yard: 25 feet

duplex, and Rear yard: 12 feet

condominiums: (25 feet if 2 or more stories)

Side yard: 12 feet

(25 feet if 2 or more stories)


B. Townhomes: Front yard: 25 feet

Rear yard: 12 feet

Interior side yard: 0 feet

Exterior side yard: 25 feet

C. Mobile home parks: Exterior boundary: 30 feet

All other setbacks as per current County

Subdivision Regulations.


SETBACK DIAGRAMS

SINGLE FAMILY

TOWNHOMES


THESE DIAGRAMS ARE FOR ILLUSTRATIVE PURPOSES ONLY

D. Places of worship: Front yard: 40 feet


Rear yard: 25 feet 1

Side yard: 25 feet 1


1 when adjacent to existing residential uses, this setback shall be

increased to 40 feet.

E. Eaves, awnings, and similar architectural features may project a maximum

of five feet into any front, side, or corner side yard setback, provided that

such features shall maintain a minimum distance of five feet to any

property line and is not less than eight feet in height above grade. Such

appendages shall be supported only at or behind the building setback line.

3. Building Height: The maximum building height allowed in this zone shall be 24

feet.


this zone shall be 30%.


SECTION 7 LB: LIGHT BUSINESS ZONE


This zone is intended to provide for the development of neighborhood-scale commercial,

warehouse, and office business uses, after review of such proposed developments in a

public forum, at a maximum of two locations along the north side of Durston Road. On

March 9, 1995, the two Light Business locations were established, as shown on the

Official Zoning Map. It is also the intent of this zone that new development maintain

consistency with the neighborhood character through the use of design standards

contained within various sections of this regulation.


1. Accessory Uses:

A. Accessory buildings or structures, including business signs, customarily

used in conjunction with permitted uses. See Section 9 for sign

regulations.


1. Warehouses and self-service storage facilities.

2. Restaurants.

3. Financial Institutions.

4. Offices - Business, Government, Medical or Other Professional.

5. Convenience Stores (3,500 gross square feet maximum).

6. Gasoline Service Stations (4 pumps maximum.)


1. Lot Dimensions:


Maximum lot area: 3 acres


Maximum lot depth: 330 feet

2. Setbacks:

A. Warehouses and Front yard: 40 feet

self-service storage: Rear yard: 35 feet

Side yard: 35 feet



B. Gasoline service Front yard: 40 feet

stations: Rear yard: 35 feet

Side yard: 35 feet


Gasoline pumps may use a 25 foot setback for all yards.

(see diagram below for example)

C. All other uses: Front yard: 40 feet

Rear yard: 50 feet


Side yard: 30 feet



3. Building Height: The maximum building height allowed in this zone shall be 32

feet.


this zone shall be 30%. Maximum lot coverage by impervious surfaces shall be

60%.

5. Outside Storage: All materials, supplies, merchandise or other similar matter

stored outside shall be screened from adjoining properties and public roads. The

minimum height of any screening shall be six feet.


SETBACK DIAGRAM

GASOLINE SERVICE STATION


THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY




SECTION 8 PARKING REQUIREMENTS

8.1 General Requirements:

1. No structure or use shall be permitted or constructed unless off-street parking

spaces are provided and maintained in accordance with the provisions of this

Section.

2. When a building or use is enlarged the required amount of parking spaces shall be

provided in accordance with the provisions of this section.

3. Plan requirements: Two copies of plans for the proposed parking area(s) shall be

submitted to the Planning Office at the time of the application for a land use

permit or conditional use permit. The plans shall be drawn to a scale of not less

than 1 inch to 50 feet, and shall show the locations of all pertinent buildings,

driveways, streets, parking arrangements, circulation patterns, markings, lighting,

landscaping, pedestrian walks, curbing, and other pertinent features. This

provision shall not apply to single-family, duplex, triplex and fourplex

constructions.

4. The following parking area configuration standards shall be utilized for all

developments (this provision shall not apply to single-family, duplex, triplex

and fourplex constructions):

PARKING DESIGN STANDARDS

A B C D E Angle Stall Aisle Overall Width

30° 18' 12' 48' 17'

45° 21' 14' 56' 12'-4"

60° 22' 20' 64' 10'-5"

90° 20' 26' 66' 9'

90° Parking: End stalls parallel to walls, curbs or fences shall have a minimum width of 12 feet. Two-way circulation: Minimum aisle width shall be 24 feet.


5. Paving: Parking areas and access driveways serving commercial / industrial

uses shall be paved. Paved parking shall have individual parking spaces marked

on the surface, not less than four inches wide. The County Road Supervisor shall

review and approve the adequacy of paving prior to opening to the public. Paving

requirements for all other uses are stated in the section that addresses that

particular use.

6. Handicapped parking: Parking areas must comply with the accessibility standards

of the ADA Compliance Guide.

7. For the purposes of this Section, "off street parking" shall mean a space located

off any public road for parking of any one vehicle, having access to a public road.

8. For the purposes of this Section, "public road" shall mean a public road by use, a

public road easement, or a right-of-way dedicated to the public.

9. Fractional space requirements for a parking space shall be rounded up to the next

whole space.

8.2 Single Family, Duplex, Triplex and Fourplex:

1. Two off-street parking spaces shall be provided for each dwelling unit.

2. Location: All parking shall be located on the same premises as the use.

8.3 Boarding Homes and Bed and Breakfast Inns:

1. 1.25 off-street parking spaces shall be provided for each guest room, in addition

to the two required parking spaces for the single-family dwelling unit.

2. Location: All parking shall be located on the same premises as the bed and

breakfast or boarding home. However, no parking shall occur within the first ten

feet of any required yard setback, as measured from the property line.

8.4 Places of Worship:

1. One off-street parking space for each forty square feet of seating / assembly area

within such structure.

2. Location: All parking shall be located on the same premises as the place of

worship. However, no parking shall occur within the first ten feet of any required

yard setback, as measured from the property line.


3. Paving: Where access to a parking area is from a street or alley which has

been paved, or if off-street parking standards require ten or more total spaces,

then the parking area and access driveways shall be paved. Paved parking shall

have individual parking spaces marked on the surface, not less than four inches

wide. The County Road Supervisor shall review and approve the adequacy of

paving prior to opening to the public.

4. Sidewalks: A concrete sidewalk a minimum of three feet in width shall be

provided between the main building and parking area(s). Sidewalks abutting

parking areas shall be divided with a six inch by six inch concrete curb, with the

sidewalk surface raised flush with the top of the curb. Where sidewalk curbs

along parking areas also serve as wheel stops, an additional foot of sidewalk

width shall be required.

5. Screening: All open parking containing four or more spaces shall be

effectively screened by a wall, fence or landscaping of no less than seven feet in

height from any adjoining residential property. Landscaping used for this purpose

shall not be counted toward the minimum landscaping requirements for parking

areas.

6. Snow storage: Snow storage areas shall be provided to store snow accumulation

on site. Such areas shall not cause unsafe access conditions, nor cause snow to be

deposited onto public roads.

7. Landscaping: The following basic standards shall be adhered to:

A. All interior areas of parking lots shall be landscaped with a minimum of

one shade tree, plus one shade tree for every five parking spaces, as a part

of other required landscaping. All trees used shall be at least two-inch

caliper for deciduous trees, or a minimum of five feet in height for

coniferous trees.

B. The minimum required landscaping for parking lots shall be eight percent

of the total area used for vehicle ingress, egress, circulation and parking.

Only landscaped areas exclusive of curbs shall be counted toward meeting

the landscaping requirement, and no landscaped area with a dimension of

less than three feet shall be credited toward meeting the landscaping

requirement.

C. Where off-street parking areas abut public roads, such areas shall be

separated from an abutting road by a continuous landscaped planter which

extends parallel to the street frontage of the parking area. The minimum

width for this planter shall be ten feet, exclusive of perimeter curbs. Up to

one-half of this required landscaped planter may be counted toward

fulfilling the eight percent minimum landscaping requirement, up to a

maximum of 200 square feet.


D. All landscaped planters for interior parking areas shall be completely

bordered by a six inch by six inch concrete curb to prevent runoff and act

as a wheel stop where necessary.

8.5 Condominiums:

1. Two off-street parking spaces shall be provided for each dwelling unit, plus;

2. Guest parking: 0.25 off-street parking spaces for each unit shall be provided for

guest parking purposes.

3. Location: All parking shall be located on the same premises as the

condominium project. However, no parking shall occur within the first ten feet of

any required yard setback, as measured from the property line. Parking areas

could either be held under common ownership, or by separate ownership if two

separate spaces exist which adjoin each unit. Guest parking areas must be held

under common ownership.

4. Paving: Where access to a parking area is from a street or alley which has

been paved, or if off-street parking standards require ten or more total spaces,

then the parking area and access driveways shall be paved. Paved parking shall

have individual parking spaces marked on the surface, not less than four inches

wide. The County Road Supervisor shall review and approve the adequacy of

paving prior to opening to the public.

5. Sidewalks: Concrete sidewalks a minimum of three feet in width shall be

provided between all condominium units and parking area(s). Sidewalks abutting





6. Screening: All open parking containing four or more spaces shall be

effectively screened by a wall, fence or landscaping of no less than seven feet in

height from any adjoining residential property. Landscaping used for this purpose

shall not be counted toward the minimum landscaping requirements for parking

areas.










coniferous trees.






requirement.











9. Lighting: If ten or more parking spaces are required by this section, then

lighting shall be placed within parking areas to provide adequate illumination for

security and safety. No lighting system used shall face or have its source directly

visible from any adjoining residential property, and shall not pose a hazard to

passing traffic.

8.6 Convenience Stores:

1. One off-street parking space for each 225 square feet of gross floor area, shall be

provided.


However, no parking shall occur within the first ten feet of any required front or

corner yard setback, as measured from the property line, and no parking shall

occur within the side and rear yard setbacks.








4. Screening: All open parking shall be effectively screened by a wall, fence or

landscaping of no less than seven feet in height from any adjoining residential

property. Landscaping used for this purpose shall not be counted toward the

minimum landscaping requirements for parking areas.









coniferous trees.






requirement.











7. Lighting: Lighting shall be placed within parking areas to provide adequate

illumination for security and safety. No lighting system used shall face or have its

source directly visible from any adjoining residential property, and shall not pose

a hazard to passing traffic.

8.7 Financial Institutions; Offices- Business, Government, Medical or Other Professional:

1. One off-street parking space for each 275 square feet of gross floor area shall be

provided.

2. Drive-thru service: Facilities using drive-thru services shall provide either one

off-street stacking lane for a minimum of six spaces for one drive-thru stall, or

stacking lanes for a minimum of three spaces for two or more drive-thru stalls.

These spaces shall not count towards the required amount of parking.



However, no parking shall occur within the first ten feet of any required yard

setback, as measured from the property line, and no parking shall occur within the

side and rear yard setbacks.



















coniferous trees.






requirement.
















8.8 Gasoline Service Stations:

1. Three off-street parking spaces, plus two off-street parking spaces per pump stall,

shall be provided. Parking in pump lanes may be counted toward the required

amount of parking.


However, no parking shall occur within the first ten feet of any required front or

corner yard setback, as measured from the property line, and no parking shall

occur within the side and rear yard setbacks.













coniferous trees.






requirement.
















8.9 Mobile Home Parks: See County Subdivision Regulations for current parking

regulations for mobile home parks.

8.10 Restaurants:

1. One off-street parking space for each 40 square feet of public serving area

(including patios), shall be provided.

2. Drive-thru service: Restaurants using a drive-thru system shall also provide an

off-street stacking lane for a minimum of six spaces. These spaces shall not count

towards the required amount of parking.


However, no parking shall occur within the first ten feet of any required yard

setback, as measured from the property line, and no parking shall occur within the

side and rear yard setbacks.




















coniferous trees.






requirement.















8.11 Townhomes:

1. Two off-street parking spaces shall be provided for each dwelling unit, plus;

2. Guest parking: 0.25 off-street parking spaces for each unit shall be provided for

guest parking purposes.


8.12 Warehousing and Self-Service Storage Facilities:

1. Spaces:

A. Warehouse: A minimum of four off-street parking spaces, plus one off-

street parking space for each 5,000 square feet of gross floor area.

B. Self-service storage: Two off-street parking areas shall be provided for

the resident manager, if any, plus one off-street parking space for every

fifty rental units.


2. Access driveways between self service storage units shall have a minimum width

of thirty feet.


However, no parking shall occur within the first fifteen feet of the front or corner

side yard setbacks, as measured from the property line, and no parking spaces or

access driveways shall be placed within the side and rear yard setbacks.

4. Sidewalks:

A. Warehouse: A concrete sidewalk a minimum of three feet in width shall

be provided between the main building(s) and parking area(s). Sidewalks

abutting parking areas shall be divided with a six inch by six inch concrete

curb, with the sidewalk surface raised flush with the top of the curb.

Where sidewalk curbs along parking areas also serve as wheel stops, an

additional foot of sidewalk width shall be required.

B. Self-service storage units: No sidewalks are required along self-service

storage units. However, a sidewalk is required between required parking

and the resident manager's office.










two shade trees, plus one shade tree for every five parking spaces, as a part



coniferous trees.






requirement.





width for this planter shall be fifteen feet, exclusive of perimeter curbs. Up

to one-half of this required landscaped planter may be counted toward






8. Lighting: Lighting shall be placed within parking areas and access driveways

to provide adequate illumination for security and safety. No lighting system used

shall face or have its source directly visible from any adjoining residential

property, and shall not pose a hazard to passing traffic.


SECTION 9 SIGN REGULATIONS

9.1 Definitions:

1. Animated Sign: Any sign or part of a sign that changes physical position or light

intensity by any movement or rotation or that gives the visual impression of such

movement or rotation.

2. Business Sign: A sign that directs attention to a business, activity or profession

conducted, or to a commodity or service sold, offered, or manufactured, or to an

entertainment offered on the premises where the sign is located.

3. Facade Sign: A sign fastened to or painted on the wall of a building or structure

in such a matter that the wall becomes the supporting structure for, or forms the

background surface of the sign, and that does not project more than twelve inches

from such building or structure.

4. Freestanding Sign: Any nonmovable sign not affixed to a building.

5. Monument Sign: A freestanding sign which is supported by an enclosed structure

(base) which has at least the same length and width as the sign face it supports.

6. Sign: Any face of any lettered or pictorial device and/or structure designed to

inform or attract attention.

7. Sign Face: The area or display surface used for the message.

9.2 Signs Permitted as a Matter of Right:

1. Residential nameplate signs for single family residences.

2. Street number signs.

3. Home occupation signs (see Section 9.10).

4. Temporary signs as follows:

A. Identifying the location of rummage or garage sales.

B. Advertising property for sale, lease or rent, including open house

directional signs, not exceeding a sign face of six square feet in residential

areas or twenty square feet in commercial / industrial areas.

C. Contractor, developer, or construction project identification signs, not

exceeding a sign face of thirty-two square feet.

5. Notices posted by public agencies.

6. Public utility signs and safety signs required by law.

7. Signs located on private property not visible from public lands or streets.

8. "No Trespassing" signs on private property.


9. Political campaign signs.

10. Seasonal signs, with no commercial messages, erected for periods of time not

exceeding the customary duration of general celebration.

11. Flags and flagpoles.

9.3 Signs Requiring a Sign Permit:

1. Business signs.

2. Signs used in conjunction with a bed and breakfast inn or boarding home.

3. Subdivision and mobile home park identification signs.

9.4 Signs Prohibited: The following signs are specifically prohibited in all zones:

1. Signs which resemble an official traffic sign or signal, and signs which resemble

traffic signs because they predominately display the words "stop", "slow",

"caution", "danger", "warning", or similar words which are commonly used by

agencies of government or construction contractors to draw attention to traffic or

roadway hazards.

2. Flashing, blinking, or scintillating signs.

3. Animated signs.

4. Signs located so as to obstruct the view of traffic and pedestrians at intersections.

No sign shall be located in the shaded area (shown below) formed at the street

intersection and/or driveway access intersection with the street.

9.5 General Sign Regulations:

1. In no case shall a lighted sign or lighting device be placed or directed so as to

permit the beams and illumination to be directed or beamed upon a public street

or adjacent premises so as to cause glare or reflection that may constitute a traffic

hazard or nuisance.

2. All signs shall be located on the same property as the use the sign refers to.

3. No sign shall be placed within 6 feet of a public right-of-way, with the exception

of mailbox signs for home occupations.


4. No sign shall be placed nearer to an adjoining property than a distance of sixty

feet.

5. All signs shall be free of any exposed bracing, guy wires, cables, or similar

devices.

6. All signs shall be maintained in good repair, including display surfaces which

shall be kept neatly painted or posted.

7. The height of all signs shall be measured from the highest point of the sign.

9.6 Computation of Sign Area:

1. Area of individual signs: The area of a sign face (which is also the sign area

of a wall sign or other sign with only one face) shall be computed by means of the

smallest square, circle, triangle, rectangle, or combination thereof that will

encompass the extreme limits of the writing, representation, emblem or other

display, together with any material or color forming an integral part of the

background of the display or used to differentiate the sign from the backdrop or

structure against which it is placed, but not including any supporting framework,

bracing, or decorative fence or wall when such fence or wall otherwise meets

zoning regulations and is clearly incidental to the display itself.

2. Area of multifaced signs: The sign area for a sign with more than one face

shall be computed by adding together the area of all sign faces visible from any

one point. When two identical sign faces are placed back to back, so that both

faces cannot be viewed from any point at the same time, and when such sign faces

are a part of the same sign structure and are not more than twenty-four inches

apart, the sign area shall be computed by the measurement of one of the faces.

9.7 Business Sign Requirements:

1. Business signs shall only be allowed in the LB (Light Business) zone of this

District, with the exception of places of worship.

2. Monument and facade signs shall be the only signs allowed.

3. A sign permit application is required for submittal with all land use permit

applications.


4. Monument signs: One monument sign shall be permitted on any lot, for each

street frontage, when the following requirements are met (including the general

requirements):

A. Maximum Area: Thirty-two square feet of total sign face area.

B. Maximum Height: Seven feet (six feet for subdivision and mobile

home park identification signs), including a minimum of 2.5 feet of height

for the base, measured vertically from ground level at the base of the sign.

C. Lighting: Sign may be internally or externally lighted.

D. The sign face shall be placed within one base structure, and no other

signage shall be attached to or placed on the monument sign.

E. All electrical service to the sign shall be underground and hidden from

view.

5. Facade signs:

A. Maximum Area: Each ground floor wall of a single business

establishment fronting on and/or oriented towards one or more public road

will be permitted a maximum of .75 square feet of sign face area for every

one linear foot of wall frontage of that single business. Permitted sign area

shall be used only on the side of the building for which it was calculated.

B. Maximum Height: Signs shall not extend above eighteen inches below

the top of a wall of a business establishment.

C. Projection: Signs shall not project more than eighteen inches from the

building wall to which they are attached.

D. Lighting: Signs may be internally or externally lighted.

E. Each business establishment located on the ground floor or second floor

which each have an individual entrance from the outside of the building

may be allowed a facade sign near the individual entrance, in accordance

with the maximum area standards.

9.8 Bed and Breakfast Inn and Boarding Home Sign Requirements:

1. Only one sign per establishment shall be permitted, either mounted permanently

on wooden posts, or constructed as a facade or window sign.

2. Maximum sign area shall be sixteen square feet.

3. Lighting of signs is prohibited.

4. Colors used must be of subdued tones. Bright colors, flourescents, and other

colors that do not blend in with the principle structure are prohibited.

5. Signs placed on rooftops are prohibited.


9.9 Subdivision and Mobile Home Park Identification Signs:

1. Identification signs shall be constructed as a monument sign, according to the

standards for monument signs (see Section 9.7).

2. A sign permit application is required for submittal with all land use permit

applications.

9.10 Home Occupation Sign Requirements:

1. Those operating home occupations shall be permitted one of the following:

A. One window or facade sign, which must be placed on the wall of the

dwelling fronting a public road. Maximum sign face area shall be sixteen

square feet.

B. One sign attached to the mailbox, or attached to the mailbox support

structure. Where no mailbox exists on the property, then this sign can be

affixed to a permanent wooden post. Maximum sign face area shall be six

square feet.

9.11 Sign Permit Procedures:

1. For signs requiring permits, no person shall erect, construct, affix, paint, change

copy, alter or relocate any sign, unless a sign permit has been issued by the

Zoning Enforcement Agent. A separate permit shall be required for each sign.

2. Application for a sign permit shall be made in writing on an application form

provided by the Zoning Enforcement Agent. All sign permit applications must be

complete before the Zoning Enforcement Agent is required to consider the permit.

An application is complete when it contains all of the information necessary for

the Zoning Enforcement Agent to decide whether or not the development, if

completed as proposed, will comply with all of the requirements of this regulation

and the development plan.

3. Fee: A sign permit application fee of $75 shall be paid by the applicant at the

time the application is submitted to the Planning Department. If the sign permit is

submitted in conjunction with a land use permit, then the fee shall be $25. This

fee shall be established by resolution of the Commission. Failure to obtain a

permit prior to the beginning of construction on any sign shall result in a triple

fee.

4. The applicant shall be required to provide plans, drawn to a scale of no smaller

than 1½"=1' architectural scale, showing the location, height, dimensions,

structural design and calculations, including attachment to a building or structure,

and such other pertinent information as necessary to insure compliance with this

Section.


5. If a sign authorized by a sign permit is not installed within 180 days after the date

of issue, such permit shall be void.

6. Inspection: The permit holder shall notify the Zoning Enforcement Agent upon

completion of the work for which the sign permit was issued. The Zoning

Enforcement Agent shall conduct an inspection of the sign(s) to determine if the

sign(s) were constructed according to the plans as approved by the Planning

Department.


SECTION 10 GENERAL BUILDING AND DEVELOPMENT STANDARDS

10.1 Purpose and Intent:

The purpose of this section is to describe the standards and conditions under which

certain uses may be permitted within the District. These standards are intended to

promote the compatibility of uses, and enhance the peace, health, safety, and general

welfare of District residents and Gallatin County.

10.2 Standards for Specific Uses:

1. Residential Structures: General Standards:

A. The minimum living area for all dwelling units shall be 1,300 square feet.

B. The minimum width for dwelling units shall be 24 feet.

C. All structures shall have a minimum roof pitch of not less than one foot of

rise for every four feet of run (1:4). Roof material shall consist of shingles

or other non-reflective materials.

D. Dwellings, including manufactured homes, shall be built on permanent

wood or concrete foundations. Mobile home support structures shall be

fastened to concrete footings set below ground level.

E. Mobile homes and manufactured housing shall meet current Department

of Housing and Urban Development (HUD) codes.

F. Any mobile home support structures used shall be enclosed on all sides by

materials consistent with the exterior appearance of the mobile home.

G. New additions to existing single family dwellings may continue at the

existing side yard setback of the existing dwelling, provided that such

additions are in no case closer than 5 feet to any property line. However,

proof of compliance with regulations in effect at the time of creation or

construction of the existing dwelling shall be the sole burden of the

applicant or property owner.


2. Residential Accessory Buildings:

A. No accessory buildings or uses shall be built within the area between the

front property line and a line running along the front of the principle

building (residence), parallel to the front property line, except that

detached garages may be located up to the required front yard setback. See

diagram below for clarification:

B. Accessory buildings shall conform to all required setbacks.

C. No accessory building or use shall be built closer than ten feet to any

principle building.

D. Patios and decks are to be considered a part of the principle structure, not

as separate accessory structures. However, patios and decks shall not be

counted towards the minimum living area standard of this regulation.

3. Bed and Breakfast Inns and Boarding Homes:

A. The bed and breakfast inn or boarding home must be the proprietor's

actual residence.

B. Meals shall be served only to registered guests or tenants.

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 / boarding

rooms shall be reviewed as a conditional use.


D. The number of guest / boarding rooms shall be limited to four.

E. Bed and breakfast inns and boarding homes must meet the parking and

signage requirements of this regulation.

4. Condominiums:

A. Multi-story buildings: Where multi-story buildings are located within

100 feet of any existing single-family use, such buildings shall be located

or oriented in a manner which will minimize visual intrusion into the

neighboring single-family residence.

5. Family Day Care and Nursery Facilities:

A. All family day care and nursery facilities must first be approved by the

State Department of Family Services and / or the State Department of

Health and Environmental Sciences, whichever is appropriate.

B. Family day care and nursery facilities shall comply with the requirements

for home occupations, as required in this Section.

6. Gasoline Service Stations:

A. Canopies: Gasoline pump island canopies are to be located no closer than

fifteen feet from any property line. The design of the canopy shall

architecturally match the design of the main building. All canopy lighting

must project downward from underneath the canopy, and must be low-

pressure sodium. The maximum height of the canopy shall not exceed

eighteen feet.

B. All outside lighting shall be directed on the premises, reflected away from

any residential property.

C. Renderings and elevation drawings of buildings shall be submitted with

the application for conditional use permit.

D. Restroom entrances shall be screened from view of adjacent properties or

streets by a decorative wall and/or landscaping, or restrooms shall be

accessed from the inside of the main building.

E. No outside storage of, and no sale, lease or rental of trailers, trucks or

similar equipment shall be permitted.


7. Home Occupations:

A. Home occupation activities shall not be visible or audible beyond the

property lines of the site where such home occupation is located.

B. Home occupations shall not generate vehicular traffic / parking which is

outstanding to the residential nature of the neighborhood.

C. Home occupation activities shall not create electrical or mechanical

interference to radio or television reception in the neighborhood.

D. Outside Storage: All materials, supplies, merchandise or other similar

matter stored outside in conjunction with a home occupation shall be

screened from adjoining properties and public roads.

E. All signs shall be in conformance with all applicable sign requirements of

this regulation.

8. Mobile Home Parks:

A. All yards and setbacks required for mobile home parks shall be

landscaped.

B. A decorative masonry wall, hedge, or combination thereof, six feet in

height, shall be placed around the perimeter of the mobile home park,

except for where the perimeter abuts a street frontage.

C. Mobile home parks must be in conformance with the development

standards as set forth in the County Subdivision Regulations, and other

requirements of this regulation.

9. Self-Service Storage Facilities:

A. Self-service storage facilities shall be single story only.

B. Self-service storage facilities shall be surrounded by a perimeter wall of

not less than eight feet in height, with the exception of access driveways.

This fence may be located within required setbacks, but in no case closer

than twenty feet to any property line.

C. A landscape buffer, a minimum of three feet in width, shall be placed

around the outside of the perimeter wall. The base material may be either

grass or rock. However, at least one tree with a minimum 1.5 inch caliper

trunk shall be planted within the buffer for every twelve lineal feet of

buffer length.


10.3 Refuse Storage:

A trash enclosure for the temporary storage of garbage and other refuse shall be provided

for every use, with the exception of single-family dwellings, duplexes, triplexes,

fourplexes, townhomes and condominiums.

1. Location: Trash enclosures, surrounding standard steel bins, (dumpsters),

shall be located on site for convenient pick-up service. The proposed location of

the trash enclosure shall be shown on the required site plan submitted with the

land use permit application. Trash enclosures shall not be located within required

front yard setbacks, and shall be situated so that containers can be pulled straight

out of the enclosure or so sanitation vehicles can safely access all containers.

2. Construction: Trash enclosures shall be constructed of solid masonry walls or

other appropriate materials, with a solid concrete floor sloped for drainage. Trash

enclosures shall be architecturally compatible with the principle structure(s), and

shall be of sufficient height to conceal all contents, but in no case shall be less

than five feet in height above grade.

10.4 Visibility at Intersections:

Nothing shall be erected, placed, planted or allowed to grow above a height of 2.5

feet (measured from the existing grade) so as to obstruct the view of traffic and

pedestrians at intersections. This standard applies only in the shaded area (shown

below) formed at the street intersection.


10.5 Noise Standards:

1. Developments that create excessive levels of sound beyond their property line

shall be prohibited. This includes sound generated by motor vehicles and other

equipment on site. An excessive level of sound is that which is measured at the

property line of the receiving use, exceeding the maximum decibel levels as

described in the table below:

Receiving Use Maximum Sound Level

Residential 60 dBA, 6:30 a.m. to 10:00 p.m. 50 dBA, 10:00 p.m. to 6:30 a.m.

Commercial & Industrial 70 dBA, any time

2. Speakers used in conjunction with drive-thru operations shall not be audible from

any adjoining residential uses.

10.6 Livestock Regulations:

The keeping of livestock shall be in accordance with the following:

1. Minimum lot area: one acre.

2. Maximum livestock density: One livestock unit for the first one acre, then one

livestock unit for each additional 1/2 acre.

3. Livestock unit: Any one of the following:

A. One horse.

B. One cow, bull or steer.

C. One llama.

D. Two sheep.

E. Two goats.

F. Fifty fowl.

G. Fifty rabbits.

4. Keeping of livestock shall be prohibited in townhome, condominium, triplex,

fourplex and mobile home park developments.

5. Livestock may only be kept to the rear of the primary structure.

6. Livestock regulations shall not apply to agricultural uses over ten acres in size.


SECTION 11 NON-CONFORMING PARCELS, USES AND STRUCTURES

11.1 Intent:

1. Within the districts established by this regulation or amendments thereto, there

exist parcels, structures, uses of land and structures, and characteristics of use

which were lawful before this regulation was adopted or amended, but which

would be prohibited, regulated, or restricted under terms of this regulation or

future amendments. It is the intent of this regulation that non-conformities shall

not be enlarged upon, expanded or extended, nor used as grounds for adding other

structures or uses prohibited elsewhere in the same district. The only exception to

this intent is for the continuance of an existing side-yard setback for additions to

existing single-family dwellings, where it is proven by the applicant that there

was conformance with any existing setback regulations at the time the home was

built, as provided by Section 10.2.1(G).

2. Non-conforming uses are declared by this regulation to be incompatible with

permitted uses in the district involved. However, to avoid undue hardship,

nothing in this regulation shall be deemed to require a change in the plans,

construction or designated use of any building on which actual construction was

lawfully begun prior to the effective date of adoption or amendment to this

regulation, and upon which actual building construction has been carried on

diligently. Actual construction is defined to include the placing of construction

materials in permanent position and fastened in a permanent manner. Where

excavation or demolition or removal of an existing building has been begun

preparatory to rebuilding, such excavation or demolition or removal shall be

deemed to be actual construction, provided that work shall be carried on

diligently.

11.2 Non-Conforming Parcels of Record:

1. In any zone, structures permitted in said zone may be erected on any non-

conforming parcel which was of record on the effective date of this regulation.

All other requirements and restrictions of the district apply to a parcel of record

that does not meet parcel area or parcel width requirements.

2. A non-conforming parcel of land shall not be divided or changed in any way to

reduce the area of the original parcel or increase its non-conformity.


11.3 Non-Conforming Uses of Land:

Where at the time of passage of this regulation lawful use of land exists which would not

be permitted by the regulations imposed by this regulation, the use may be continued so

long as it remains otherwise lawful, provided:

1. No such non-conforming use shall be enlarged or increased, nor extended to

occupy a greater area of land than was occupied at the effective date of adoption

or amendment of this regulation.

2. No such non-conforming uses shall be moved in whole or in part to any portion of

the parcel other than that occupied by such use at the effective date of adoption or

amendment of this regulation.

3. If any such non-conforming use of land ceases for any reason for a period of more

than ninety (90) days, any subsequent use of such land shall conform to the

requirements specified by this regulation for the district in which such land is

located.

4. No additional non-conforming structure in connection with the requirements of

this regulation shall be erected in connection with such non-conforming uses of

land.

11.4 Non-Conforming Structures:

Where a lawful structure exists at the effective date of adoption or amendment of this

regulation that could not be built under the terms of this regulation by reason of

restriction on parcel area, parcel coverage, height, yards, its location on the parcel, or

other requirements concerning the structure, such structure may be continued so long as it

remains otherwise lawful, subject to the following provisions:

1. No such non-conforming structure may be altered or enlarged in any way which

increases its non-conformity, with the exception stated in Section 11.1. However,

any structure or portion thereof may be altered to decrease its non-conformity.

2. Should such non-conforming structure or non-conforming portion of a structure

be destroyed by catastrophic event, it may be reconstructed if it is rebuilt in

substantially the same manner as it existed prior to destruction and does not

require prior approval by the Commission. Any use or structure which is not

substantially the same as the original use or structure must conform with the

applicable provisions of this regulation.

3. Should such structure be moved for any reason for any distance whatever, it shall

thereafter conform to the regulations for the district in which it is located after it is

moved.


11.5 Non-Conforming Uses of Structures and Buildings:

If lawful use of a structure exists at the effective date of adoption or amendment of this

regulation that would not be allowed in the district under the terms of this regulation, the

lawful use may be continued so long as it remains otherwise lawful, providing that:

1. No existing structure devoted to a non-conforming use shall be enlarged,

extended, constructed, or structurally altered, unless the use is changed to a

permitted use.

2. Any non-conforming use may be extended to any other part of a structure

designed for such use, but no such use may be extended in any way to occupy

land outside the structures.

3. Non-conforming use of building, structures, or premises may be changed to

another non-conforming use, provided that a conditional use permit is obtained

from the Commission following the procedures of Section 12 of this regulation. In

determining whether or not to grant the conditional use permit, the Commission

shall determine that the proposed use is equally appropriate or more appropriate to

the District than the existing non-conforming use.

4. Any structure, or structure and premises, in or on which a non-conforming use, if

superseded by a permitted use, shall thereafter conform to the regulations of the

district in which it is located, and the non-conforming use may not thereafter be

resumed.

5. Whenever a non-conforming use of a structure or a premises ceases, the structure

or premises shall not thereafter be used except in conformance with the

regulations of the district in which it is located. The term "ceases" as used in this

subsection shall mean that the activity in question has not been in operation for a

period of ninety (90) days.

6. If a non-conforming use is destroyed by catastrophic event, it may be

reconstructed if it is rebuilt in substantially the same manner as it existed prior to

destruction. Reconstruction of a non-conforming use does not require prior

approval of the Commission. Any use which is not substantially the same as the

original use must conform with applicable provision of this regulation.

11.6 Repairs and Maintenance:

On any non-conforming structure or portion of the structure containing a 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 percent of the

replacement value of the building in any one year, provided that such work does not

increase the cubic content of the building, with the exception stated in Section 11.1.


Nothing in this regulation shall be deemed to prevent the strengthening or restoring to a

safe condition of any building or part thereof declared to be unsafe by any official

charged with protecting the public safety, upon order of such official.

11.7 Conditional Uses:

Conditional uses provided for under Section 12 of this regulation shall not be deemed a

non-conforming use in the district in which it is permitted.

11.8 Determination of Status of Non-Conforming Land Uses and Structures:

It shall be the responsibility of the Zoning Enforcement Agent to determine the status of

non-conforming land uses and structures. If the Zoning Enforcement Agent determines

that a use or structure meets the applicable criteria of Sections 11.1, 11.3, 11.4 and 11.5

above, the use or structure shall be deemed an Approved Non-Conforming Land Use or

Approved Non-Conforming Structure. The following procedure shall be followed to

determine the status of non-conforming land uses and structures.

1. The owner of record of the subject use or structure shall make an application for a

determination of the status of a land use or structure.

2. It shall be the burden of the applicant to prove entitlement to approved non-

conforming status by furnishing the Zoning Enforcement Agent with a preponderance

of supporting information. Such information may include, but is not limited to, septic

or sewer hook-up permits, building permits, business licenses and dated photographs.

3. The Zoning Enforcement Agent shall determine on a case-by-case basis whether a

land use or structure is an existing non-conforming use or existing non-conforming

structure.

4. Appeals of the Zoning Enforcement Agent's decision shall be made in accordance

with the provisions of Section 15.3.

5. The Zoning Enforcement Agent shall maintain a record of existing non-conforming

uses and structures as such information becomes available.


SECTION 12 CONDITIONAL USES

12.1 Intent:

The intent of conditional use permits is to provide for specific uses, other than those

specifically permitted in each district, which may be appropriate under certain safeguards

or conditions.

12.2 Conditional Use Requirements:

No structure or land may be used for any purpose in any district where such use is not a

permitted use, unless such use is listed as a conditional use in that district and approval

for that use is obtained through the proper procedure.

Conditional use permits shall be granted only by the Commission, when its findings are

that:

1. The use conforms to the objectives of the development plan and the intent of this

regulation; and

2. Such use will not adversely affect nearby properties or their occupants; and

3. Such use meets density, coverage, yard, height, and all other requirements of the

district in which it is to be located, unless otherwise provided for in this

regulation; and

4. Public hearings have been held, after the required legal notices have been given

and the public has been given a chance to be heard upon the matter.

12.3 Conditional Use Procedure:

1. All applications for conditional use permits shall be filed with the Gallatin County

Planning Office, accompanied with the appropriate filing fee. All conditional use

permit applications must be complete before the Commission is required to

consider the permit. An application is complete when it contains all of the

information necessary for the Zoning Enforcement Agent to decide whether or not

the development, if completed as proposed, will comply with all of the

requirements of this regulation and the development plan.

2. The Commission shall then cause to be made such investigation of facts bearing

on the application in order to provide the necessary information to assure that the

action on each application is consistent with the intent and purpose of this

regulation and the development plan.


3. Upon completion of such investigation the Commission shall hold a public

hearing to gather needed facts from all interested parties. The Commission may

continue such hearing, if need be, to take additional information. Thereafter, the

Commission shall either approve or deny the application. A letter shall be sent to

the applicant stating either conditions of approval or reasons for denial.

4. Notice of public hearing for conditional use permits shall be published at least

once, fifteen days prior to the hearing in a newspaper of general circulation.

Adjacent property owners shall be notified by certified mail.

12.4 Conditional Approval:

The Commission may make the granting of a conditional use permit subject to reasonable

limitations or conditions as it may deem necessary to enhance the appearance of the

property, to reduce any adverse effects on nearby property or residences, to preserve the

character of the area or to make it more acceptable in other ways. Said conditions may

include but not be limited to the following:

1. Special setbacks, yards, open spaces, and buffers;

2. Fences and walls;

3. Lighting;

4. Regulation of signs;

5. Regulation of vehicular ingress and egress;

6. Regulation of time of certain activities;

7. Landscaping and maintenance thereof;

8. Time schedule of proposed development;

9. Regulation of odors, smoke, dust, airborne particles, vibration, glare, heat, and

noise;

10. Requiring dedication of rights-of-way;

11. Requiring improvements of rights-of-way;

12. Regulation of placement of uses on the property;

13. Regulation of height;

14. Regulation of the nature and extent of the use;

15. Regulation of the length of time such use may be permitted.

12.5 Security:

The Commission may require guarantees in the form of bonds, cash deposits, and/or

other evidences of compliance in order to secure compliance with conditions imposed.

12.6 Expiration:

All conditional use permits issued for a definite term shall automatically expire at the end

of the term.


12.7 Authorized Use:

For purposes of this regulation, a conditional use permittee shall not be considered as

engaging in the authorized use on the site until the following conditions are satisfied:

1. Buildings proposed for construction in connection with the proposed use are in

the process of actual construction on the site; or

2. If remodeling proposed for existing buildings in connection with the proposed use

has actually been commenced on the site; or

3. If no construction or remodeling is contemplated, then the permittee must be

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.

12.8 Revocation or Modification of Conditional Use Permits:

1. A conditional use permit may be revoked or modified by the Commission only

under the following circumstances:

A. A substantial change of conditions has occurred from the time that the

permit was granted; and

B. Revocation or modification is necessary to protect the health, safety, and

welfare of the area in which the property is located or the residents of the

County and to preserve the integrity of existing use patterns in the area in

which the property is situated; and

C. The person holding the permit has not materially changed his position by

detrimentally relying on the permit; or

D. If the person holding the permit has not complied with the conditions of

the permit.

2. The procedures used for the consideration of an application for a conditional use

permit shall be used for consideration of modification or revocation.

12.9 Conformance:

No conditional use permit shall be issued unless in conformance with this regulation.

Permits issued on the basis of plans and specifications approved by the Commission or

Zoning Enforcement Agent only authorize the use, arrangement, and construction set

forth in the approved plans and applications, and no other use, arrangement or

construction. A use, arrangement, or construction at variance with that authorized

through the land use permit shall be a violation of this regulation.


12.10 Permits: Extensions:

1. No later than forty-five (45) days prior to the expiration of the conditional use

permit, the holder thereof may file written application with the Commission

requesting an extension of time thereon and setting forth the reasons for such

request. Each application shall be accompanied by the appropriate fee.

2. Within five (5) days from receipt of such application for extension, the Planning

Department shall send a notice of such application by mail to persons, or their

successors in interest of record in the County Clerk and Recorder's office, who

received mailed notice of the original application. Attached to the application

shall be a notice that any person objecting to the extension shall, within fifteen

(15) calendar days from the date of mailing, notify the Commission of the objec-

tion.

3. If any objection is received from those notified, the procedures under Section 12.3

shall be followed.

4. If no objection is received, the Commission may extend the permit for a period

equivalent to the original period for which granted, or for one (1) year, whichever

is shorter.

5. An extension may only be granted upon finding of fact by the Commission that no

change of condition or circumstances would have been grounds for denying the

original application.

6. The Commission shall consider requests for extension only once at the end of the

approval period. The decision of the Commission shall be final. No further

requests for an extension on a project having already requested an extension shall

be allowed.


SECTION 13 VARIANCES

13.1 Authorization to Grant or Deny Variances:

The Commission may authorize a variance from the requirements of this regulation when

it can be shown that because of special and unusual circumstances related to a specific

piece of property, strict application of the regulation would cause an undue or

unnecessary hardship. No variance shall be granted to allow the use or development of

property for a purpose not authorized within the District in which the proposed

development would be located. In granting a variance, the Commission may attach

conditions it finds necessary to achieve compliance with the criteria for granting

variances.

13.2 Criteria For Granting a Variance:

A variance may be granted only upon finding compliance with all of the following

criteria:

1. Exceptional or extraordinary circumstances apply to the property that do not

apply generally to other properties in the same district or vicinity and that result

from lot size or shape, topography, or other circumstances over which the owners

of property have had no control since enactment of this regulation.

2. The variance is necessary for the preservation of a property right of the applicant

that is substantially the same as that possessed by owners of other property in the

same district.

3. The variance would not be materially detrimental to property in the same district

or vicinity in which the property is located.

4. The variance requested is the minimum variance that would alleviate the hardship.

5. The variance requested conforms to the objectives of the development plan and

the intent of this regulation.

13.3 Procedure:

1. Written applications for variance shall be filed with the Gallatin County Planning

Office, along with the appropriate fee for the purpose of defraying expenses

incidental to proceedings. An application shall not be regarded as having been

filed until the fee is paid.


2. The Commission shall cause to be made such investigation of facts bearing on the

application in order to provide the necessary information to assure that the action

on each such application is consistent with the intent and purpose of this

regulation and the development plan.

13.4 Hearing and Notice:

1. There shall be a hearing for each application. Testimony shall be taken by the

Commission from persons interested in the application and from the Zoning

Enforcement Agent.

2. Notice of hearing shall be published once in a newspaper of general circulation

within the county at least fifteen (15) days prior to the hearing date. In addition,

the Zoning Enforcement Agent shall send a certified letter to record owners of

property adjoining a proposed variance.

13.5 Approval:

In approving an application for a variance, the Commission may designate any conditions

that will secure protection for the public health, safety, and general welfare and shall find

the request to meet the criteria set forth in Section 13.2. Any approval under this section

shall be subject to any terms and conditions required by the Commission.

13.6 Revocation and Modification of Variance:

A variance may be revoked or modified under the same circumstances and procedures

specified for the revocation or modification of a conditional use permit in Section 12.8.


SECTION 14 LAND USE PERMITS

14.1 Procedures for Obtaining Land Use Permits:

1. No structure shall be built, moved or structurally altered until a land use permit

has been issued under this Section.

2. Land use permits shall be issued only for uses in conformance with this regulation

and the conditions and terms of a conditional use permit if a conditional use

permit is required. No land use permit shall be issued until time for appeal on a

conditional use permit or variance has elapsed and all appeals are finally decided.

3. Land use permits shall be in writing and shall be in the form specified by the

Commission.

4. An application for a land use permit shall be filed with the Gallatin County

Planning Office. Land use permits may be issued by the Zoning Enforcement

Agent. All land use permit applications must be complete before the Zoning

Enforcement Agent is required to consider the permit. An application is complete

when it contains all of the information necessary for the Zoning Enforcement

Agent to decide whether or not the development, if completed as proposed, will

comply with all of the requirements of this regulation and the development plan.

5. If an application for a land use permit is denied by the Zoning Enforcement

Agent, the applicant may apply for a variance or appeal to the Commission.

6. Where new sanitary facilities or the extension of the existing sanitary facilities are

contemplated, a land use permit shall not be issued until the applicant has first

obtained a sewer permit from the City/County Environmental Health Department

or approval of sanitary facilities from the Montana Department of Health and

Environmental Sciences, whichever is appropriate.

7. Site plan required: For new commercial and industrial developments, a detailed

site plan and building elevations, drawn to scale and reflecting the accurate

dimensions of the buildings and property, is required for submittal with the land

use permit application. The site plan shall demonstrate conformance with height

regulations, property development regulations, sign regulations, parking

regulations, design requirements, and any other requirements of this regulation

and the development plan.

14.2 City of Bozeman Building Permit

Since the entire Zoning District is located within the City of Bozeman building permit

jurisdictional area, all development is also required to obtain a building permit from the


City of Bozeman Building Department. Therefore, any land use permit application must

also be accompanied with a receipt of payment for the City of Bozeman building permit.

14.3 Time of Construction:

After a land use permit is issued, any construction activity shall be limited to the hours of

7:30 a.m. to 8:30 p.m.

14.4 Certificate of Compliance:

A certificate of compliance shall be issued by the Zoning Enforcement Agent to ensure

that all exterior construction has taken place in accordance with the approved land use

permit, including any conditions imposed upon the development (see Section 14.6.3 for

items covered under exterior construction). This inspection shall be made one year after

the date of issuance of the land use permit, or sooner if an inspection is requested by the

developer. Any part of the development found not to be in compliance with the approved

land use permit shall constitute a violation of this regulation.

14.5 Conformance:

No land use permit shall be issued unless in conformance with this regulation. Permits

issued on the basis of plans and specifications approved by the Zoning Enforcement

Agent only authorize the use, arrangement, and construction set forth in the approved

plans and applications and no other use, arrangement, or construction. A use,

arrangement, or construction at variance with that authorized shall constitute a violation

of this regulation.

14.6 Expiration of Permits:

1. A land use permit shall expire if the building or work authorized by the permit has

not commenced within six (6) months from the date of the issuance of the permit

or if the building or work authorized by the permit is suspended or abandoned at

any time after the work is commenced for a period of 120 days.

2. After a land use permit has expired, no work can be recommenced until a new

permit is obtained. The fee for a new permit shall be one-half (1/2) of the amount

required for the original permit, provided that no changes have been made or will

be made in the original plans and specifications for the work and that

abandonment has not exceeded one year.

3. All exterior construction shall be completed within one year of the date of

issuance of the land use permit. This includes the construction of the exteriors of

all structures, the construction of all required parking, and the placement of all

required landscaping and screening. This provision shall not apply to signs where

a separate sign permit is required.


SECTION 15 ADMINISTRATION

15.1 Employees and Officers:

1. The Commission is authorized to appoint and hire employees and officers,

including a Zoning Enforcement Agent, as is necessary to administer and enforce

this regulation.

2. The Zoning Enforcement Agent may be an employee of Gallatin County, and if

so, shall perform the duties under this regulation without remuneration in excess

of the County salary.

15.2 Duties of the Zoning Enforcement Agent:

1 The Zoning Enforcement Agent shall issue all land use permits and review all

applications for conditional use permits, variances, rezoning requests and

amendments to this regulation.

2. If the Zoning Enforcement Agent finds that this regulation, permit, or condition is

being violated, the Agent shall give written notice to the person responsible for

the violation, indicating the nature of the violation and requesting the remedial

action to be taken to correct or abate the violation.

3. If the Zoning Enforcement Agent finds a violation the Agent may request the

discontinuance of the illegal use of land, buildings, or structures; removal of

illegal buildings, structures or additions, alterations, or structural changes; or

discontinuance of any illegal work being done.

4. The Zoning Enforcement Agent may take any other action authorized by this

regulation to enforce the provisions of this regulation or prevent the violation of

its provisions.

15.3 Appeals from Decisions of Zoning Enforcement Agent:

1. An appeal from a decision of the Zoning Enforcement Agent may be made to the

Commission.

2. An appeal shall be in writing and shall be filed with the County Planning Office

within ten (10) working days after the decision which is appealed.

3. A public hearing will be held on an appeal by the Commission if the matter

appealed was required by this regulation to be decided after holding a public

hearing.


SECTION 16 FEES, CHARGES AND EXPENSES

16.1 All applications for permits, zone changes, conditional uses, or variances shall be

accompanied by the applicable fees, which shall be established by the Commission by

resolution after public notice and hearing.

16.2 Fees, charges, and expenses are not refundable.

16.3 The land use permit fee for projects where construction has already commenced without

first securing a land use permit shall be doubled.

SECTION 17 COMPLAINTS AND INVESTIGATIONS

17.1 Any person may file a written complaint with the Commission or the Zoning

Enforcement Agent alleging a violation of this regulation.

17.2 Upon receipt of a complaint, or upon its own initiative the Zoning Enforcement Agent

shall record the complaint, investigate the complaint, and take whatever action the Agent

considers appropriate.

SECTION 18 ENFORCEMENT AND PENALTIES

18.1 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.

18.2 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.

18.3 Fines:

The Planning and Zoning Commission may assess violators’ fines of up to $500 per day

of violation for noncompliance until the violation is remedied. When 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.

18.4 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.

18.5 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)

SECTION 19 MINIMUM REQUIREMENTS

19.1 In the interpretation and application of this regulation, the provisions of the regulation

shall be held to the minimum requirements adopted for the promotion of the health,

safety and general welfare of the District.

19.2 Wherever the requirements of this regulation are at variance with the requirements of any

other lawfully adopted rule or regulation, the most restrictive, or that imposing the higher

standards, shall govern.

SECTION 20 AMENDMENTS AND CHANGES

20.1 This regulation may be amended whenever the public necessity and convenience and

general welfare require such amendment, according to the procedure prescribed by law,

and this regulation.

20.2 An amendment may be initiated as follows:

1. A land owner(s) within the District may file a petition with the Zoning

Enforcement Agent requesting an amendment. The petition shall be signed by the

petitioning land owner(s).

2. The Gallatin County Commission or the Zoning District #1 Planning and Zoning

Commission may initiate an amendment through a resolution of intention.

20.3 An amendment shall not become effective until a hearing is held before the Commission.

Notice of the hearing shall be given in a newspaper of general circulation in the County

and be posted at the following four (4) locations within the district, not less than fifteen

(15) days prior to the date of hearing:

Corner of Valley Drive and Babcock Street.

Corner of North Western Drive and Babcock Street.

Corner of North Western Drive and Durston Road.


Corner of West Main Street and Yerger Drive.

SECTION 21 INVALIDATION

21.1 If any Section or part of this regulation or any attachments or amendments hereto is for

any reason held to be invalid, the remaining portions of this regulation shall be valid and

effective.


SECTION 22 ADOPTION

Zoning District No. 1 Planning and Zoning District was created on the 18th of May 1970, by the

Gallatin County Commission. This revised regulation was adopted on the 9th of February 1995, by

the Planning and Zoning Commission, and amended thereafter. The regulation has been revised

consistent with the history of amendment listed below.

Planning and Zoning Commission: Gallatin County Commission:

/s/ /s/

Shelley Vance, Chairman William A. Murdock, Chairman

/s/ /s/

Jeffrey Krauss, Member Phil Olson, Member

/s/ /s/

William A. Murdock, Member Jennifer Smith Mitchell, Member

/s/ ATTEST:

Phil Olson, Member

/s/

Shelley Vance, Clerk & Recorder

/s/

Jennifer Smith Mitchell, Member

History:

Amended by Resolution No. 1995-02 of the Planning and Zoning Commission on March 9, 1995.

Amended by Resolution No. 1999-06 of the Planning and Zoning Commission on May 13, 1999, and by Resolution No.

1999-23 of the Gallatin County Commission on May 25, 1999.

Amended by Resolution No. 2004-05 of the Planning and Zoning Commission on April 8, 2004, and by Resolution

No. 2004-67 of the Gallatin County Commission on May 4, 2004.

Amended by Resolution No. 2004-21 of the Planning and Zoning Commission on October 14, 2004, and by

Resolution No. 2004-144 of the Gallatin County Commission on October 20, 2004.

F:\plan\ZONING DISTRICT Regulations\ZD1\Ord\ZD1 update 102004.doc

Documents

ZONING DISTRICT #1 ZONING REGULATIONgallatincomt.virtualtownhall.net/.../districts/ZD1_update_102004.pdfdocument duly adopted by the Commission which is intended to guide the growth