Gallatin City Zoning Code
ARTICLE III
Supplementary Regulations
Section 405.200 Completion Of Existing Buildings.
[R.O. 2003 § 405.200; CC 1997 § 13-102; Ord. No. 829-95 § 13-102, 3-27-1995]
Nothing herein contained shall require any change in plans, construction or designated use of a building actually under construction at the time of effective date of these regulations.
Section 405.210 Occupations Permitted In Residential Structures Utilized For Residential Purposes In Residential Zones (Home Occupations).
[R.O. 2003 § 405.210; CC 1997 § 13-103; Ord. No. 829-95 § 13-103, 3-27-1995]
A.
An occupation may be carried on in a residential structure in the residential districts "R-1" and "R-2" only when it:
1.
Does not require the use of more than two (2) rooms otherwise normally considered as living space.
2.
Does not require the use of an accessory building on yard space or an activity outside the main structure not normally associated with residential uses.
3.
Does not have a sign in excess of three (3) square feet in area to denote the business, occupation or profession, and such sign must be attached to the structure.
4.
Does not involve the display of goods and services.
Section 405.220 Lot Of Record.
[R.O. 2003 § 405.220; CC 1997 § 13-104; Ord. No. 829-95 § 13-104, 3-27-1995]
On any lot of record in a residential district, so recorded prior to enactment of the zoning regulations adopted March 27, 1995, a single-family structure may be erected even though the lot be of less area or width than required by the regulations of the residential area in which the lot is located, provided all other area requirements are met and that in no case the lot is less than thirty-five (35) feet in width.
Section 405.230 Non-Conforming Uses.
[R.O. 2003 § 405.230; CC 1997 § 13-105; Ord. No. 829-95 § 13-105, 3-27-1995]
A.
Any non-conforming use of land or non-conforming use of structures may be continued if the following are complied with:
1.
A non-conforming use of land shall not be changed unless changed to a conforming one.
2.
The area devoted to a non-conforming use of land cannot be extended beyond the lot area on which located.
3.
A non-conforming use of a structure may be changed to another use in the same zoning classification as the original use, provided the Planning and Zoning Commission finds that such change of use is as compatible for the area as the original non-conforming one.
4.
A non-conforming structure may be enlarged by fifty percent (50%) of the original size with the approval of the Planning and Zoning Commission but in no event shall the enlargement of the structure be in violation of the existing area requirements for the zoning district in which the structure is located. The original size shall constitute the size of the structure at the time of the enactment of this Chapter.
5.
If any such non-conforming use of land ceases for any reason for a period of more than one hundred eighty (180) consecutive days, any subsequent use of land shall conform to the resolutions and standards set by this Chapter or the district in which the land is located.
Section 405.240 Mobile Home Park.
[R.O. 2003 § 405.240; CC 1997 § 13-106; Ord. No. 829-95 § 13-106, 3-27-1995]
A.
The policy of the City of Gallatin is to encourage mobile home siting in designated mobile home parks. The mobile home parks shall conform to the following requirements:
1.
The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
2.
Mobile home spaces shall be provided consisting of a minimum of three thousand (3,000) square feet for each space which shall be at least fifty (50) feet wide and clearly defined.
3.
Mobile homes shall be so harbored on each space that there shall be at least a thirty-foot clearance between mobile homes.
4.
All mobile home spaces shall abut a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street.
5.
At least two (2) vehicle parking spaces of four hundred (400) square feet, in the aggregate, shall be provided for each mobile home space.
6.
A City electrical outlet, City water and City sanitary sewer shall be provided each mobile home space.
Section 405.250 Additional Special Requirements.
[R.O. 2003 § 405.250; CC 1997 § 13-107; Ord. No. 829-95 § 13-107, 3-27-1995]
A.
The Planning and Zoning Commission may, at its discretion and based upon recommendations from the Zoning Administrator, require any or all of the following special matters in any zone district:
1.
Landscaping. All open areas disturbed by grading or construction activities at any site, lot, tract or parcel shall be contoured to provide drainage and, except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs, or planted ground cover. Such landscaping shall conform with the planting plan approved at the time the building permit was issued. It shall be the owner's responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All adjacent vacant lots, tracts or parcels under the same ownership shall also be properly maintained.
2.
Screening. All principal, accessory and special uses, except business signs which are situated within fifty (50) feet of a residential district, shall be screened and buffered from such district by a separation of open space which shall have a minimum depth of thirty (30) feet and shall include a required fence or vegetative screening of not less than ninety percent (90%) opacity and not less than eight (8) feet above the level of the residential district property at the district boundary. Walls or fences of lesser heights of planting screens may be permitted by the Planning and Zoning Commission if there is a finding that the nature or extent of this use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this Chapter would interfere with the provisions of adequate amounts of light and air to same said properties. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.
3.
Storage. The storage of combustible or flammable materials will be a minimum two hundred (200) feet from any residential district. All aboveground storage tanks for combustible or noxious materials shall be diked and shall meet the minimum requirements of the appropriate Federal or State regulatory agencies.
4.
Soil Erosion And Sedimentation Control Measures.
a.
In order to curtail soil erosion, a sedimentation control plan consistent with State and/or Federal regulations shall be required as part of an application for a building permit whenever a development proposal will involve clearing, grading, transporting or other form of land disturbance by the movement of earth, including the mining of minerals, gravel or sand, provided that any one (1) of the following descriptions applies to said movement of land:
(1)
Excavation, fill or any combination thereof will exceed five hundred (500) cubic yards.
(2)
Fill will exceed three (3) feet in vertical depth as measured from the natural ground surface.
(3)
Excavation, fill or any combination thereof will exceed an area of five thousand (5,000) square feet.
(4)
Plant and/or tree cover is to be removed from an area exceeding five thousand (5,000) square feet on any parcel of land.
b.
Such erosion or sedimentation control plan shall set forth the proposed disturbance and shall detail any protective measures designed to minimize erosion. The City Planning and Zoning Commission shall review the applicant's proposed sedimentation control plan and may accept the plan or may require additional specific measures designed to reasonably curtail the loss of soil from excavated site.