Gallatin City Zoning Code
ARTICLE IV
Special Provisions
Section 405.260 Purpose.
[R.O. 2003 § 405.260; CC 1997 § 14-101; Ord. No. 829-95 § 14-101, 3-27-1995]
Special provisions are set forth in this Article which deals specifically with unusual or extraordinary circumstances which may, from time to time, come before the municipal Planning and Zoning Commission. The special provisions of this Article will provide a means by which unusual requests, of a nature specified herein, may be considered and acted upon.
Section 405.270 Subdivision Provisions - Land Suitability.
[R.O. 2003 § 405.270; CC 1997 § 14-102; Ord. No. 829-95 § 14-102, 3-27-1995]
No land shall be subdivided within the City of Gallatin if the parcel or parcels of land proposed for development are deemed unsuitable for a proposed use because of flooding potential, inadequate water supply or sewage disposal facilities, known mining subsidence areas from past mining activities, or any other conditions likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.
Section 405.280 Mineral Exploration And Commercial Mining.
[R.O. 2003 § 405.280; CC 1997 § 14-103; Ord. No. 829-95 § 14-103, 3-27-1995]
Within the corporate limit of the City of Gallatin, regardless of zone district, all commercial scale mineral exploration and mining activities shall be subject to the granting of a conditional use permit prior to the commencing of such work. The permit shall specify the nature of the proposed work, its duration, and the safeguards to be employed in protecting the general public from any excavations left as a result of mineral exploration or commercial mining.
Section 405.290 Solar Access.
[R.O. 2003 § 405.290; CC 1997 §§ 14-104 — 14-107; Ord. No. 829-95 §§ 14-104 — 14-107, 3-27-1995]
A.
Solar Access Provision. The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is a permitted use within all zone districts, whether as a part of a structure or incidental to a group of structures in the nearby vicinity. Use of solar energy collectors is subject to the restraints imposed by the present development pattern and topography found inside the City limits of Gallatin plus the zoning, height, and where a strict provision of this Chapter may prohibit adequate solar access, the developer may apply for a conditional use permit from the City by filing said application with the Planning and Zoning Commission. The Planning and Zoning Commission shall evaluate said conditional use or application as it relates to restrictiveness of this Chapter and reasonable solar access. The Planning and Zoning Commission shall weigh the following factors in its evaluation:
1.
Different levels of solar access available and restrictiveness of this Chapter with regard to height, bulk, setback and related provisions.
2.
Local energy costs, topography, and aesthetics of the specific area or land tract proposed for solar access use.
3.
Characteristics of shading due to building and trees in determination of necessary solar access plane.
4.
Identification of possible conflicts with solar access, including architectural or historic preservation requirements, steep slopes, low and moderate income housing restrictions, and individual land owner preferences.
B.
Solar Access Requirements. When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collectors access to solar energy. The portion of a solar collector that is protected is the portion which:
C.
Solar Access Exemptions. Subsection (A) above does not apply to structures or vegetation existing in an abutting lot at the time of installation of the solar energy collection system or the effective date of this Chapter whichever is later. Said Subsection controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.
D.
Solar Energy System Installed — Recording Procedures. A statement that a solar energy collection system is installed in a lot shall be filed and recorded with the Zoning Administrator or City Clerk, and that the date of installation of said system shall be the date of recordation.
Section 405.300 Unconventional And Earth-Sheltered Housing Encouraged.
[R.O. 2003 § 405.300; CC 1997 § 14-108; Ord. No. 829-95 § 14-108, 3-27-1995]
A.
It is recognized that innovative housing designs appear from time to time that encourage energy conservation, create welcome diversity in the community, and which will appeal to home builders and buyers. It is the intent of this Chapter, through the provisions of the special use permit and variance procedures contained herein, to recognize and encourage creative, efficient and well-designed housing of innovative varieties. Earth-sheltered housing, as one (1) example of newer trends in housing construction, shall generally adhere to the following provisions, based on the issuance by the Board of Aldermen of a conditional use permit and granting of any applicable variances from the strict design provisions of this Chapter.
1.
Densities or lot areas and lot widths for earth-sheltered housing units shall conform to those established residential zone districts "R-1" and "R-2."
2.
Earth-sheltered housing units may be attached, semidetached or semi-attached, and shall be permitted in residential districts only.
3.
Each room of primary living area shall be provided with exterior windows, subject to the following conditions:
a.
No window facing or within forty-five degrees (45°) parallel to a side or rear property line shall be constructed within twenty (20) feet of that line.
b.
No window facing the front property line shall be built within the normally established front yard setback area, except for kitchens and utility areas which may be located within not less than one-half (1/2) of the established setback distance.
c.
Every living room or bedroom shall have a glassed area of not less than ten percent (10%) of the floor area and give direct visual access to natural light and open space.
4.
An outdoor space of not less than five hundred (500) square feet shall be provided immediately outside of the walls of the dwelling, subject to the following conditions:
a.
The average grade of elevation of this space shall be no more than two (2) feet apart from the floor level of surrounding rooms or of the rooms having access to it.
b.
The minimum horizontal dimensions of the outdoor area shall be not less than twenty (20) feet.
c.
The average height of the walls surrounding this space shall not exceed ten (10) feet.
d.
Where floor area of an earth-sheltered dwelling is less than one thousand five hundred (1,500) square feet, minimum outdoor area may be reduced to three hundred (300) square feet with a minimum outdoor dimension of fifteen (15) feet.
e.
Granting of a conditional use permit and any appropriate variances shall be contingent upon Planning and Zoning Commission review of a suitable building plan and general sketch indicating lot orientation and related requirements.
Section 405.310 Wind Energy Conversion Systems.
[R.O. 2003 § 405.310; CC 1997 § 14-109; Ord. No. 829-95 § 14-109, 3-27-1995]
A.
This Section provides basic design criteria intended to encourage the responsible use of wind energy conversion systems (WECS) consistent with the public safety. These devices shall be defined as any system intended or constructed for the purpose of converting wind power to energy, regardless of whether or not the system is experimental or a commercial operation. These devices include windmills, wind power turbines and wind chargers.
B.
Conditional Use Permit Required For WECS. Installation of a WECS is subject to review by the City Planning and Zoning Commission, pursuant to Sections 201 and 210 of the Public Utilities Regulatory Policies Act of 1978,[1] or laws amendatory thereto. Installation of a WECS within the City of Gallatin is subject to the granting of a conditional use permit.
[1]
Editor's Note: See 16 U.S.C. §§ 796 and 824a-3, respectively.
C.
Design Criteria For WECS.
1.
Height. The height of any WECS tower shall not exceed the height requirement or ceiling for the zone district within which the location of the tower is proposed.
2.
Setback. The WECS tower shall be set back one and one-half (1 1/2) times the height of the tower in all zone districts.
3.
Fencing. A six-foot fence with a locking portal is required around any WECS tower to prevent potential climbing hazards.
4.
Braking device. All WECS devices shall have braking systems when winds reach speeds in excess of forty (40) miles per hour.
5.
Guidelines. All WECS towers shall have appropriate stabilizing guidelines.