[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.
[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.
[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.
[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.
[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.
[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.
