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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.
Zoning District #1 Zoning Regulation 2
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)
Zoning District #1 Zoning Regulation 3
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.
Zoning District #1 Zoning Regulation 4
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.
Zoning District #1 Zoning Regulation 5
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
separated from each other by an un-pierced wall extending from ground to roof.
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.
Zoning District #1 Zoning Regulation 6
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.
Zoning District #1 Zoning Regulation 7
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
separated from each other by an un-pierced wall extending from ground to roof.
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.
Zoning District #1 Zoning Regulation 9
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
Minimum lot width: 125 feet
C. Places of worship:
Minimum lot area: 1 acre
Minimum lot width: 125 feet
Zoning District #1 Zoning Regulation 10
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.
Zoning District #1 Zoning Regulation 11
SETBACK DIAGRAM
SINGLE FAMILY
NOTE: Yards must be measured from property lines.
THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY
Zoning District #1 Zoning Regulation 13
SECTION 6 R: GENERAL RESIDENTIAL ZONE
6.1 Purpose and Intent
This zone is intended to provide development standards for a variety of residential
development, at the same time ensuring compatibility with existing development.
6.2 Uses Allowed After Securing a Land Use Permit:
1. One Single Family Dwelling Unit per One-Half Acre.
2. One Duplex per Acre.
3. 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.
6.3 Uses Allowed After Securing a Conditional Use Permit:
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.
6.4 Property Development Regulations:
1. Lot Dimensions:
A. Single family:
Minimum lot area: 1/2 acre
Minimum lot width: 90 feet
B. Duplex:
Minimum lot area: 1 acre
Minimum lot width: 125 feet
Zoning District #1 Zoning Regulation 14
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
Minimum lot width: 90 feet
Maximum density: 12 dwelling units per acre
E. Mobile home parks:
Minimum site size: 1 acre
Minimum lot size: 6,000 square feet
Minimum lot width: 60 feet
F. Places of worship:
Minimum lot area: 1 acre
Minimum lot width: 125 feet
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)
Corner side yard: 25 feet
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.
Zoning District #1 Zoning Regulation 15
SETBACK DIAGRAMS
SINGLE FAMILY
TOWNHOMES
NOTE: Yards must be measured from property lines.
THESE DIAGRAMS ARE FOR ILLUSTRATIVE PURPOSES ONLY
D. Places of worship: Front yard: 40 feet
Zoning District #1 Zoning Regulation 16
Rear yard: 25 feet 1
Side yard: 25 feet 1
Corner side yard: 40 feet
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.
4. Maximum Lot Coverage: The maximum lot coverage by buildings on any lot in
this zone shall be 30%.
Zoning District #1 Zoning Regulation 17
SECTION 7 LB: LIGHT BUSINESS ZONE
7.1 Purpose and Intent
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.
7.2 Uses Allowed After Securing a Land Use Permit:
1. Accessory Uses:
A. Accessory buildings or structures, including business signs, customarily
used in conjunction with permitted uses. See Section 9 for sign
regulations.
7.3 Uses Allowed After Securing a Conditional Use Permit:
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.)
7.4 Property Development Regulations:
1. Lot Dimensions:
Minimum lot area: 1 acre
Maximum lot area: 3 acres
Minimum lot width: 125 feet
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
Corner side yard: 35 feet
Zoning District #1 Zoning Regulation 18
B. Gasoline service Front yard: 40 feet
stations: Rear yard: 35 feet
Side yard: 35 feet
Corner side yard: 40 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
(50 feet if 2 or more stories)
Side yard: 30 feet
(50 feet if 2 or more stories)
Corner side yard: 30 feet
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%. 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.
Zoning District #1 Zoning Regulation 19
SETBACK DIAGRAM
GASOLINE SERVICE STATION
NOTE: Yards must be measured from property lines.
THIS DIAGRAM IS FOR ILLUSTRATIVE PURPOSES ONLY
Zoning District #1 Zoning Regulation 21
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.
Zoning District #1 Zoning Regulation 22
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.
Zoning District #1 Zoning Regulation 23
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.
Zoning District #1 Zoning Regulation 24
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
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.
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.
7. 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.
Zoning District #1 Zoning Regulation 25
8. 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.
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.
2. Location: All parking shall be located on the same premises as the use.
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.
3. 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.
Zoning District #1 Zoning Regulation 26
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.
5. 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.
6. 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.
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.
Zoning District #1 Zoning Regulation 27
3. Location: All parking shall be located on the same premises as the use.
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.
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 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.
Zoning District #1 Zoning Regulation 28
8. 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.
8.8 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.
2. Location: All parking shall be located on the same premises as the use.
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.
3. 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.
4. 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.
5. 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.
Zoning District #1 Zoning Regulation 29
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.
6. 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.
8.9 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.
3. Location: All parking shall be located on the same premises as the use.
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.
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 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.
Zoning District #1 Zoning Regulation 30
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. 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.
8.11 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.
3. Location: All parking shall be located on the same premises as the use.
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.
Zoning District #1 Zoning Regulation 31
2. Access driveways between self service storage units shall have a minimum width
of thirty feet.
3. Location: All parking shall be located on the same premises as the use.
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.
5. 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.
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
two shade trees, 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.
Zoning District #1 Zoning Regulation 32
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 fifteen 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. 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.
Zoning District #1 Zoning Regulation 33
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.
Zoning District #1 Zoning Regulation 34
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.
Zoning District #1 Zoning Regulation 35
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.
Zoning District #1 Zoning Regulation 36
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.
Zoning District #1 Zoning Regulation 37
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.
Zoning District #1 Zoning Regulation 38
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.
Zoning District #1 Zoning Regulation 39
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.
Zoning District #1 Zoning Regulation 40
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.
Zoning District #1 Zoning Regulation 41
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.
Zoning District #1 Zoning Regulation 42
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.
Zoning District #1 Zoning Regulation 43
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.
Zoning District #1 Zoning Regulation 44
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.
Zoning District #1 Zoning Regulation 45
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.
Zoning District #1 Zoning Regulation 46
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.
Zoning District #1 Zoning Regulation 47
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.
Zoning District #1 Zoning Regulation 48
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.
Zoning District #1 Zoning Regulation 49
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.
Zoning District #1 Zoning Regulation 50
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.
Zoning District #1 Zoning Regulation 51
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.
Zoning District #1 Zoning Regulation 52
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.
Zoning District #1 Zoning Regulation 53
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.
Zoning District #1 Zoning Regulation 54
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.
Zoning District #1 Zoning Regulation 55
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
Zoning District #1 Zoning Regulation 56
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.
Zoning District #1 Zoning Regulation 57
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.
Zoning District #1 Zoning Regulation 58
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
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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
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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.
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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.
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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.
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