17.4.010 Name of title

This Title shall be known as the “Land Development Code” and may be referred to herein as “this Title”.

17.4.020 Authority

The regulations contained in this Title are specifically authorized by Montana State statute or are adopted consistent with the City’s police powers as authorized in State law.

17.4.030 General intent

This Title has been adopted to implement the City’s growth policy, river corridor plan, neighborhood plans as may be adopted, the City’s transportation plan, and any other land use planning documents that may be duly adopted from time to time.

17.4.040 Legislative findings

1. General findings. The City Commission makes the following findings:
   1. Pursuant to 76-1-601, MCA, the Great Falls City-County Planning Board recommended the adoption of a growth policy by the City Commission
   2. Pursuant to 76-1-604, MCA, the City Commission adopted the growth policy
   3. The City Commission has adopted a river corridor plan
   4. This Title is consistent with and furthers the intent of the growth policy and river corridor plan
   5. The legislative, administrative, and enforcement bodies may not permit or otherwise allow any development to occur that is not in compliance with this Title
2. Specific findings. Specific findings are included in the various chapters, articles, and sections as appropriate.

17.4.050 Purpose

1. General purpose. This Title is established to promote the public health, safety, and welfare and is intended to accomplish the following purposes:
   1. implement the goals, objectives, and policies of the growth policy
   2. ensure that all development is guided by and gives consideration to the growth policy
   3. establish a comprehensive compendium of regulations that controls the use or development of land within the City
   4. provide for clear, consistent standards, regulations, and procedures for the review and approval of all proposed development within the City
   5. address the substantive findings as contained in this Title
   6. safeguard the public health, safety, and general welfare by establishing minimum standards for design and development
2. Specific purposes. Specific purposes are included in the various chapters, articles, and sections as appropriate.

17.4.060 Compliance

1. Generally. Except as specifically provided, the provisions of this Title shall apply to all development within the City, and no development shall be undertaken without the prior authorizations required by this Title.
2. Previously granted permits, an exception. When a permit has been issued in accordance with the law prior to the effective date of this Title, or amendment thereto, it shall be valid for one year from date of issuance, even if it authorizes an action that is not allowed under this Title, or amendment. If the action, as authorized by the permit, does not commence within that time period and continue in good faith to completion, said permit shall lapse and be null and void.
3. Establishment of a use, structure or building not requiring authorization, an exception. If prior to the adoption of this Title, or amendment thereto, a use, structure, or building is actively being established that did not require a permit or authorization, said work may continue to completion even when the use, structure, or building requires a permit or other authorization under this Title, is being developed contrary to this Title, or is otherwise prohibited.

17.4.070 Relationship of this Title to other regulations

In addition to meeting the regulations contained in this Title, development shall comply with all applicable regulations of federal and State agencies. In all cases, the strictest of the applicable provisions shall apply.

17.4.080 Applicability of zoning regulations to public entities

A State or local agency may develop public land contrary to the zoning regulations contained in this Title. However, the agency shall notify the Director of the Planning Department of its intent to do so and the Board of Adjustment shall hold a public hearing within 30 days of the date of such notice. The Board of Adjustment shall host the public hearing as a public forum for comment on the proposed use but shall have no power to deny the proposed use. (See 76-2-402, MCA) If a private developer develops land under contract for a State or local agency that is contrary to this Title, the property, including uses, buildings, and structures, shall conform to this Title when the State agency vacates the building.

17.4.090 No defense to nuisance action

Compliance with the standards and requirements contained in this Title shall not constitute an absolute defense to an action to abate a nuisance.

17.4.100 Incorporation by reference

The following, as may be amended from time to time, are incorporated into and made part of this Title by reference:

1. the official zoning map on file with the City Clerk
2. the flood insurance rate maps for Great Falls, as may be amended, having the revision date of February 15, 2002
3. “Storm Drainage Design Manual”, dated June 1990
4. the City’s street classification map, as maintained by the Planning Department
5. “Arboricultural and Standards and Specifications” as kept on file by the City Clerk

17.4.110 Citations

This Title is organized into chapters, articles and sections. When a chapter is divided into articles, a citation would be in the form of title.chapter.article.section (e.g., 17.8.2.230). When a chapter is not divided into articles, a citation would be in the form of title.chapter.section (e.g., 17.12.280).

17.4.120 Severability

If a court of competent jurisdiction finds that a part of this Title is invalid, the remaining sections shall continue in full force and effect.