A.

To protect public health and safety, to protect the Big Hole River and Silver Bow Creek as vital public natural resources, to preserve agricultural uses, to safeguard the riparian and aquatic ecosystems and to protect wildlife and wildlife habitat.

B.

To guide the installation of private bridges over the Big Hole River and Silver Bow Creek and recognize the relationships between private bridges, private land development, public access, agriculture and natural resource protection.

C.

To protect the Big Hole River and Silver Bow Creek as important economic resources for Butte-Silver Bow city-county.

(Ord. 04-3 § 5 (part), 2004)

Hereafter in the WCM zone, no building or structure shall be erected, altered, enlarged, or relocated therein which is designed or intended to be used for any other than the following unless otherwise provided in this title:

A.

Farming, ranching, gardening, fruit growing, agricultural production and storage, nurseries, including the sale of products raised on the premises; agricultural structures permitted include:

1.

Barns;

2.

Sheds; and

3.

Coops.

B.

Dwellings.

1.

Single-family.

2.

Manufactured homes:

a.

Class A;

b.

Class B; and

c

Modular.

3.

Day care homes, family or group, as per state law.

C.

Accessory uses ordinarily appurtenant to any permitted use. Accessory structures, including private garages, shall conform to the setback requirements of Sections 17.08.070 through 17.08.090 of this title.

D.

Irrigation ditches, diversion dams, related facilities, and private bridges as per the requirements of Sections 17.47.100, 17.47.120, 17.47.140, 17.47.150 and 17.47.170 of this chapter.

E.

Other uses permitted under supplementary use regulations in Sections 17.38.170 through 17.38.240 of this title.

(Ord. 05-4 § 4, 2005)

Minimum setback from the ordinary high water mark shall be one hundred and fifty feet. The minimum setback from the ordinary high water mark shall always take precedent over the setback requirements described in Sections 17.47.070, 17.47.080 and 17.47.090 of this chapter.

(Ord. 05-4 § 5, 2004)

Minimum lot width shall be one hundred fifty feet.

(Ord. 05-4 § 6, 2005)

Minimum front yard depth shall be twenty-five feet. When fronting on the right-of-way of a major thoroughfare shown on the official major thoroughfare plan, the front yard shall be measured from the proposed right-of-way line.

(Ord. 05-4 § 7, 2005)

Minimum side yard width shall be fifteen feet, each side, unless abutting on a side street, in which case the side yard width shall be at least twenty feet including accessory structures.

(Ord. 05-4 § 8, 2005)

Minimum rear yard depth shall be as follows:

A.

Thirty-five feet for a dwelling; and

B.

Other buildings, twenty feet.

(Ord. 05-4 § 9, 2005)

The following are the minimum development standards for the location, design and installation of a private bridge over the Big Hole River or Silver Bow Creek:

A.

Minimum Location Standards:

1.

The proposed private bridge shall support existing agricultural operations. The proposed bridge shall not have a negative effect on agricultural water users and water user facilities;

2.

The proposed private bridge shall not have an adverse effect on local services such as roads, public water systems, public sanitary and storm sewer systems;

3.

The proposed bridge shall not have an adverse effect on the natural environment. This includes not having a negative impact on the riparian and aquatic ecosystems. The bridge shall not be located within three hundred feet of known fish spawning grounds;

4.

The proposed private bridge shall not have an adverse effect on wildlife and wildlife habitat. This includes not placing the bridge within three hundred feet of wildlife migration corridors, feeding and breeding areas or watering holes;

5.

The proposed bridge shall not have an adverse effect on public health and safety;

6.

The applicant shall provide easements for public utilities over the bridge and within all required access easements to the bridge from a public right(s)-of-way;

7.

The applicant shall provide legal and physical access to the bridge from an existing public right-of-way;

8.

At no time will the bridge be allowed to be located on a dynamic section of the waterway or streambanks;

a.

The bridge shall be located on a section of the waterway where the streambanks are currently armored and/or stable. Installing or making improvements to stabilize the waterway and streambanks for the proposed bridge's abutments shall not be allowed,

b.

The proposed bridge location must demonstrate a minimum of fifty continuous years of substantial stability of the water channel and streambanks;

9.

The applicant shall file at the Butte-Silver Bow city-county clerk and recorder's office an access easement allowing the following uses of the bridge:

a.

That the proposed bridge be open for emergency service (fire, law enforcement, ambulance, search and rescue, etc.) access to both sides of the waterway,

b.

That the proposed bridge and private road accessing the property and bridge from the public right(s)-of-way shall be open for emergency public access (ingress or egress in the case of fire, flood, earthquake, injury, etc.) over or into the waterway (e.g., emergency evacuation or access). The applicant shall provide a mechanism at the entrance(s) to the private road that will allow access for emergency service personnel and the public, and

c.

That the proposed bridge and any private road extending from either side of the bridge can be used by the public temporarily (up to one hundred eighty consecutive days) if the nearest public bridge were to fail and/or alternative access is closed;

10.

The proposed bridge location shall not be located within six hundred feet of an existing residence on an adjacent property not owned by the applicant.

B.

Minimum Design Standards:

1.

The proposed bridge shall free-span the river, and all structural supports shall be located outside of the channel and banks of the waterway;

2.

The proposed bridge shall meet the width and design load standards described within the Butte-Silver Bow city-county subdivision regulations, Section 10(F);

3.

The proposed bridge must have a minimum clearance of five feet between the lowest point of the bottom of the bridge and the highest elevation of the river during the one hundred-year flood to allow for safe passage under the bridge at all times;

4.

The bridge must be colored brown or green in color; and

5.

The bridge must be non-illuminated.

C.

Miscellaneous Standards.

1.

The area disturbed by the construction of the bridge shall be limited to fifteen feet from the outer most point of all bridge abutments, excluding the access road area. All natural vegetation above and below the proposed bridge construction area shall not be disturbed and shall be maintained in its natural condition. In addition, the applicant will be required to plant two two-inch caliper or larger trees (native species to the area) near each entrance to the bridge. The maintenance of the trees shall be included within the operations and maintenance plan;

2.

The applicant shall agree in writing to comply with the Rural District 101—Growth Policy standards for all future development on the property that contains the bridge;

3.

Temporary construction bridges shall not be allowed. All bridge construction shall be conducted from stable positions above the high water mark; and

4.

The applicant shall submit a weed plan to the Butte-Silver Bow city-county weed supervisor for review and approval prior to beginning construction of the bridge. The weed management plan shall include the following:

a.

A reclamation plan for all disturbed areas around the bridge and for all areas along the access road(s) to the bridge, and

b.

A bond to secure the completion of the weed management plan.

(Ord. 04-3 § 5 (part), 2004)

The following information must be submitted by the applicant to the planning department to determine if the proposed bridge meets the requirements of this policy:

A.

A detailed description of the proposed bridge location, including the following information:

1.

Soil types and existing vegetation in the site area, within one hundred feet up and down the river or stream of the proposed bridge location;

2.

Documentation, certified by a registered hydrologist, that the section of the waterway and streambanks where the bridge is proposed have been stable for at least the past fifty consecutive years prior to the date of submittal;

3.

Summary of potential effects of the proposed bridge on wildlife and wildlife habitat as determined by a qualified wildlife biologist. This includes certifying that the bridge will not be placed within three hundred feet of wildlife migration corridors, feeding and breeding areas or a watering hole; and

4.

Summary of the potential effects on the natural environment as determined by a qualified biologist or a professional engineer. This includes certifying that the bridge will not adversely impact the riparian and aquatic ecosystems. The bridge shall not be located within three hundred feet of known fish spawning grounds.

B.

A full set of engineering plans prepared by a professional engineer for the proposed bridge, including a detailed site plan and elevation drawing showing the height of the bridge over the river at normal flow elevation and at the one hundred-year floodplain elevation.

C.

An explanation of the importance of the services provided by the proposed bridge. At a minimum, the explanation shall summarize the potential:

1.

Effects on public health and safety;

2.

Effects on agricultural operations and agricultural water users;

3.

Effects on local services such as roads, public water systems, public sanitary and storm sewer systems;

4.

Benefits to emergency service providers; and

5.

Impacts on recreational activities at the proposed bridge location.

D.

A bridge management plan setting forth procedures to address the following:

1.

Removal of the bridge from the river if it is ever washed into the river;

2.

Repairing the bridge should it ever become structurally unstable;

3.

Yearly bridge inspection, operations and maintenance plan;

4.

Replacement plan at the end of the life of the bridge;

5.

Clearly name the responsible party and its contact information;

6.

Clearly describe the responsible party's financial responsibility to fund all actions required by the bridge management plan;

7.

The responsible party shall exclusively assume all short-term and long-term liability for the bridge and any incidents associated with it, including but not limited to damage, replacement and loss. Certification of sufficient liability insurance shall be submitted to Butte-Silver Bow city-county prior to beginning construction;

8.

The bridge management plan shall be revised accordingly upon any change in ownership of the bridge or the property containing the bridge; and

9.

The responsible party shall hold Butte-Silver Bow city-county harmless for any incidents, accidents or any other issues associated with the bridge prior to construction, during construction, after construction, during maintenance, during replacement, during inspections and during authorized or unauthorized use of the bridge. Certification to this effect shall be submitted to Butte-Silver Bow city-county prior to beginning construction.

E.

Description of the proposed or existing access and utility easements to the bridge from the public right(s)-of-way, including an area map that documents the distance to the nearest public bridge and road over the same waterway.

F.

An explanation of the relationship of the proposed bridge to the growth policy and the floodplain management program for the area.

G.

The applicant shall submit a weed management plan to the Butte-Silver Bow city-county weed supervisor for review and approval prior to beginning construction of the bridge. The weed management plan shall include the following:

a.

A reclamation plan for all disturbed areas around the bridge and for all areas along the access road(s) to the bridge; and

b.

A bond to secure the completion of the weed management plan.

(Ord. 05-4 § 10, 2005: Ord. 04-3 § 5 (part), 2004)

A.

The planning department director or his or her designee will determine if the private bridge proposal complies with the requirements of this policy.

B.

The planning department director or his or her designee will notify the applicant in writing of the planning department's decision to approve or deny an application for a private bridge.

If the application is denied, the planning department director shall include in his or her written response to the applicant the reason(s) for denial.

C.

Upon receiving notification of approval, the applicant shall notify all landowners immediately adjacent to the property in question by certified mail. The notification shall include a description of the proposed bridge and its location.

(Ord. 05-4 § 11, 2005: Ord. 04-3 § 5 (part), 2004)

The following shall be exempt from the requirements of Section 17.47.100(B)(2) of this chapter.

Pedestrian bridges with a maximum walking path width of five feet.

(Ord. 05-4 § 12, 2005: Ord. 04-3 § 5 (part), 2004)

A.

If the application for a private bridge meets the provisions of the "private bridge policy," the applicant shall next apply for a floodplain development permit as per the requirements of Title 18, Floodplain Regulations of the Butte-Silver Bow City-County Municipal Code. The proposed bridge shall meet all requirements of the above-described title. The floodplain permit shall be a condition of final approval to install the bridge.

B.

If the applicant proposes to access lots within a new subdivision from the proposed bridge, the applicant shall receive final approval for the proposed bridge certifying that the private bridge complies with both the "private bridge policy" and the floodplain regulations prior to submitting an application for subdivision approval from the Butte-Silver Bow city-county planning board. If applicable, subdivision approval shall be a condition of final approval to install the bridge.

C.

The installation of a proposed bridge over the Big Hole River and Silver Bow Creek shall be subject to all other applicable local, state and federal permits (including but not limited to: 404 Permit, 124 Permit, 310 Permit).

D.

The proposed bridge shall conform to the objectives of the Butte-Silver Bow growth policy.

E.

Part of the Big Hole River is classified as "navigable waterway" under the ownership of the state of Montana. The installation of a bridge over a navigable portion of the river will require an easement from the State Land Board prior to installation, and the easement shall be a condition of final approval to install the bridge.

(Ord. 05-4 § 13, 2005: Ord. 04-3 § 5 (part), 2004)

The applicant shall have the right to appeal the planning director's or his or her designee's decision to the zoning board of adjustment as per the requirements described within the zoning ordinance, Chapter 17.54 of the Butte-Silver Bow Municipal Code, board of adjustment.

(Ord. 04-3 § 5 (part), 2004)

The applicant shall have the right to apply for a variance as per the requirements described within the zoning ordinance, Chapter 17.54 of the Butte-Silver Bow Municipal Code, board of adjustment, and the process set forth in the Big Hole River conservation development standards intergovernmental agreement. For variances to Section 17.47.050 on the Big Hole River, the following special procedures shall apply:

A.

The planning staff shall distribute copies of a Big Hole River variance application to the Big Hole River conservation development standards review board (review board), as well as to the zoning board of adjustment.

B.

The applicant shall allow county representatives, project engineers and other involved local, state and federal officials or review board members access to the proposed development. The review board may consult with pertinent county, state, and federal agencies during its review of the variance application. If the proposed structure is located within a designated floodplain an independent professional engineer review is required as per the Butte-Silver Bow floodplain regulations. When required, the applicant shall pay for all independent professional engineer review fees.

C.

The review board shall review the variance application based on its independent process and procedure, as established by its bylaws and according to the guidelines outlined in the Big Hole River development standards intergovernmental agreement.

D.

Within thirty days of Butte-Silver Bow planning department's receipt of a completed variance application, the review board shall meet to review the application and make a written recommendation to the zoning board of adjustment.

E.

Upon receipt of the review board's written recommendations, the planning department shall forward the application and review board's written recommendation to the zoning board of adjustment, which shall comply with all requirements of Chapter 17.54 of this title.

F.

Written notice of the final decision shall be mailed to the applicant and the review board. If denied, the notice shall include an explanation of the basis for the denial. In the event of conditional approval, all conditions must be met prior to the county's issuance of the permit.

(Ord. 05-4 § 14, 2005: Ord. 04-3 § 5 (part), 2004)

All violations of the WCM zone shall be subject to Chapter 17.56 of the Butte-Silver Bow Municipal Code, enforcement and penalty.

(Ord. 05-4 § 15, 2005: Ord. 04-3 § 5 (part), 2004)