17.16.2.010 Legislative findings

The City Commission makes the following findings:

1. Excessive procedural requirements add unnecessary costs to development projects.
2. The public, adjacent landowners, and affected agencies have a right to know about proposed projects and have meaningful participation in the review process.
3. Written findings should accompany every adjudicative decision to serve as a permanent record documenting the reasons for approval or denial and the conditions of approval, if any.
4. Enforcing the rules and regulations contained in this Title is an important function of City government.

17.16.2.020 Purpose

This chapter is established to promote the public health, safety and welfare and is intended to accomplish the following purposes:

1. provide efficient and timely review of applications and ensure fairness and due process
2. ensure that applications are reviewed consistently by establishing objective criteria in making recommendations and final decisions
3. ensure complete and timely compliance

17.16.2.030 Permission to enter subject property

Submission of an application as required in this Title authorizes officials and employees of the City, or other designated agents to enter the subject property to verify information in the application and to conduct other site investigations as may be necessary to review the application. This does not authorize any individual to enter any building on the subject property in the absence of the property owner or his/her authorized agent. Failure to allow access to the subject property shall be sufficient grounds to deny the application.

17.16.2.040 Revocation of approval due to false or inaccurate information

The City Commission may revoke, suspend, or reconsider any permit or other authorization if it determines that the information in the application or otherwise provided by the applicant or the applicant’s agent is false or inaccurate, and that the misrepresentation materially altered the final outcome.

17.16.2.050 Burden of proof

1. During application process. During the application processes, the applicant has the burden of proof to show that the proposed development is consistent with this Title.
2. During appeal of an administrative decision. In instances where an applicant appeals an administrative decision to the Board of Adjustment, the administrative unit or department making said decision has the burden of proof to show that the decision is consistent with this Title.
3. During enforcement proceedings. During enforcement proceedings, the administrative unit or department taking enforcement action has the burden of proof to show that the action or development is in violation of this Title.

17.16.2.060 Effect of an outstanding violation

No permit or approval of any kind may be given on a parcel that is in violation of this Title, except to correct the violation.

17.16.2.070 Types of decisions

As more fully described in the following articles, there are a number of permits that may be issued in the administration of this Title. Exhibit 16-1 lists whether the decision is legislative, adjudicative, or administrative in nature. The type of decision has a direct bearing on the level of public input, amount of discretion in the review process, type of public notice required (if any), and the type of factors that can be considered.

17.16.2.080 Review authority

Exhibit 16-1 ( 32k PDF) identifies in a summary format the entity responsible for rendering decisions for the various permits and approvals required in this Title. In case of discrepancies, the text controls.

17.16.2.090 Concurrent review

To the extent possible, development projects requiring multiple reviews shall be done concurrently. Where one approval is a condition precedent to approval of another application, the approvals shall be issued in the requisite order.

17.16.2.100 Application fees

At its discretion the City Commission may set and revise application fees by resolution. The City Clerk shall maintain the official fee schedule.

17.16.2.110 Ex parte communication

To promote open decision-making and due process, members of the various bodies involved in reviewing an application that is considered adjudicative in nature (See Exhibit 16-1 ( 32k PDF)) shall not voluntarily engage in ex parte communication relating to a particular application pending before the body. However, it is acknowledged that a member may involuntarily or inadvertently be part of an ex parte communication. In such instance, the member shall disclose the content of that communication during the public hearing as specified in Article 6 of this chapter. The intent of this disclosure is to insure that everyone at the public hearing is aware of the content of that communication and is allowed to consider, question, rebut, or respond to such information.

17.16.2.120 Building permit

A building permit for new construction or expansion of an existing building shall not be issued until such time as a zoning permit has been issued or a written determination is made that one is not required.

17.16.2.130 Non-confidentiality of submitted information

All written information that a potential applicant submits to staff during a pre-submittal meeting is considered part of the public record.

17.16.4.010 When required

Public notice as required in this chapter shall be provided for as shown in Exhibit 16-2, except where greater or different notice is specifically required by State or federal law.

Exhibit 16-2. Public notice

Article	Type of Action	Public Notice	Neighborhood Council Notification	Property Owner Notification	Premises Sign	Agency Notification
7	Annexation	X	X	X	X	X
8	Zoning permit	-	-	-	-	-
10	Floodplain determination	-	-	-	-	-
12	Floodplain permit	X	-	X	-	X
14	Emergency floodplain permit waiver	-	-	-	-	-
16	Sign permit	-	-	-	-	-
17	Landscape design review	-	-	-	-	-
18	Design review	-	-	X	-	-
19	Outdoor lighting permit	-	-	-	-	-
20	Design waiver	-	-	-	-	-
21	Erosion control permit	-	-	-	-	-
22	Stormwater management permit -	-	-	-	-
24	Demolition permit - structure not historically significant	-	-	-	-	-
24	Demolition permit - structure historically significant	X	-	-	X	X
26	Subdivision - preliminary plat - major or second minor	X	X	X	X	X
26	Subdivision - preliminary plat - minor	-	-	-	-	X
27	Subdivision - final plat	-	-	-	-	-
28	Subdivision - final site plan	-	-	-	-	-
29	Planned unit development	X	X	X	X	X
30	Certificate of occupancy	-	-	-	-	-
32	Variance (non-subdivision)	X	-	X	-	X
34	Administrative appeal	X	-	-	-	-
36	Conditional use permit	X	X	X	X	X
38	Code interpretation	-	-	-	-	-
40	Amendment to this Title - map amendment - landowner initiated	X	X	X	X	X
40	Amendment to this Title - map amendment - City initiated	X	X	-	-	X
40	Amendment to this Title - text amendment	X	-	-	-	X
44	Signature development designation	-	-	-	-	-
46	Enforcement	-	-	-	-	-
48	Request for extension of approval period	-	-	-	-	-

X indicates that that type of notice is required

- indicates that that type of notice is not required

17.16.4.020 Content of required notice

Notices shall include the information as listed in Exhibit 16-3.

Exhibit 16-3. Content of notice

	Public Notice	Neighborhood Council Notification	Property Owner Notification	Premises Sign	Agency Notification
Applicant name	X	X	X	-	X
Subject property address or legal description by which the public can locate the property	X	X	X	-	X
Nature of the application	X	X	X	X	X
A description of the proposed project	X	X	X	X	X
Name of body or official who will consider the application	X	X	X	X	X
Date, time and location of the hearing or for accepting public comment	X	X	X	X	X
Location where the public can view the application	X	X	X	X	X
The criteria that will be used to evaluate the proposal	-	X	X	-	X
Location map	-	X	X	-	X

X indicates that that type of information is to be provided with that type of notice

- indicates that type of information is not required with that type of notice

17.16.4.030 Cost of notice

The City shall pay for all notices required under this article which is recouped through the associated application fees.

17.16.4.040 Public notice

When required, the official responsible for processing the application shall place public notice in a newspaper of general circulation consistent with the following provisions:

1. Time requirements. The notice shall be published at least 15 days prior to, but no more than 30 days prior to the public hearing or the first day that a decision could be made.
2. Content. The notice shall include the information as required by this article. (Exhibit 16-3)

17.16.4.050 Neighborhood council notice

When required, the official responsible for processing the application shall mail a notice to the appropriate neighborhood council chair consistent with the following provisions:

1. Time requirements. The notice shall be mailed at least 15 days prior to the first scheduled hearing or date of decision.
2. Content. The notice shall include the information as required by this article. (Exhibit 16-3)

17.16.4.060 Property owner notice

When required, the official responsible for processing the application shall mail notices to all property owners within 150 feet of the property involved in the application consistent with the following provisions:

1. Time requirements. The notices shall be mailed at least 15 days prior to the first scheduled hearing or date of decision.
2. Content. The notice shall include the information as required by this article. (Exhibit 16-3)
3. Sources of names and addresses. The names of property owners shall be deemed to be those listed on the most current ad valorem tax roll maintained by the county.
4. Failure to notify owner. The failure of an owner required by this section to receive mailed notice shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.
5. Additional notice. Where the applicant is the owner of the land adjoining the property involved in the application, the official responsible for processing the application may require that notices be mailed to additional property owners as appropriate.
6. Special provisions for subdivisions. Each property owner of property immediately adjoining the proposed subdivision shall be notified via certified mail or registered mail. (See: 76-3-605, MCA)

17.16.4.070 Premises sign

When required, the official responsible for processing the applicant shall post a sign on the premises involved in the application consistent with the following provisions:

1. Time requirements. The sign shall be posted the week preceding the date of the meeting when the application will be reviewed.
2. Size. The signs shall not be less than 18” in height by 24” in width.
3. Content. The notice shall include the information as required by this article. (Exhibit 16-3)
4. Placement. Signs shall be posted on the property involved in the application. Where the property does not front on a public road, the official responsible for processing the application shall designate the location where the sign shall be posted. Under all circumstances, the sign shall be plainly visible and unobstructed from the street.

17.16.4.080 Agency notification

When required, the official responsible for processing the application shall send a copy of the application and the information as required by this article to other units of government and other service providers substantially affected by the proposal. Public utilities shall be notified of all subdivision applications. (See: 76-3-504, MCA)

17.16.4.090 Comment period for floodplain applications

Public notice and landowner letters for floodplain applications shall allow for at least a 15-day comment period.

17.16.6.010 Legislative findings

The City Commission makes the following findings:

1. Public hearings should be conducted in an orderly, timely, and efficient manner.
2. Public input is important and should be encouraged.

17.16.6.020 General requirements

1. Meetings to be public. All public hearings shall be conducted in a place that is open to the public.
2. Notice of meetings. Notice of public hearings shall be given as provided for in Article 4 of this chapter.
3. Minutes. The body conducting the hearing shall keep minutes of the proceedings, indicating the attendance of each member, and the vote of each member on each question. The body conducting the hearing shall approve the minutes, and upon approval shall become part of the public record.

17.16.6.030 Procedure

The body conducting the public hearing shall follow the following general procedure:

1. The presiding officer shall announce the purpose and subject of the public hearing.
2. The presiding officer shall ask the staff to present a staff report, if required.
3. Members of the body conducting the public hearing may direct questions to both the applicant and staff, if present.
4. The presiding officer shall ask for statements from the public who are in favor of the application.
5. The presiding officer shall ask for statements from the public who oppose the application.
6. The presiding officer shall call for discussion of the members of the body conducting the public hearing during which time they may ask questions of the applicant and staff, if present.
7. The presiding officer shall ask the applicant if he/she wishes to (1) respond to any comment made by an individual during the proceeding; (2) submit additional information; (3) and/or amend the application.
8. Following discussion, a motion to approve or deny the application or a motion to recommend approval or denial, as appropriate, shall be made and seconded.

17.16.6.040 Continuances

1. Initiation. The applicant may request a continuance during the proceedings and the body conducting the public hearing may agree to the continuance upon a showing of good cause. Likewise, the body conducting the public hearing may ask the applicant for a continuance, who is not under compulsion to grant such continuance.
2. Effect. A continuance stops the time clock for making a decision.

17.16.6.050 Public comment

1. Time limitations on public comment. The presiding officer may impose time limits on each individual who wishes to speak to assure completion of the agenda in a timely manner.
2. Written comment. Members of the public may submit written statements to the body conducting the public hearing.

17.16.7.010 Generally

This article describes the procedure and requirements for annexation by petition when signed by more than 50 percent of the resident electors owning real property in the area to be annexed; or by the owner(s) of 50 percent of the real property in the area to be annexed. (See Title 7, Chapter 2, Part 46, MCA)

17.16.7.020 Compliance with State law

Annexation of land to the City shall be in accordance with this part and with State law in effect at the time of annexation.

17.16.7.030 Application and review procedure

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Director of the Planning Department to:
   1. review applicable procedures;
   2. review applicable goals and objectives of the City’s growth policy and applicable neighborhood plans, if any; and
   3. review the proposal.

   The pre-submittal meeting may, at the discretion of the director and concurrence of the applicant or the applicant's agent, be held via telephone conference. Prior to the conference, the applicant shall submit background information to the director. A representative from the Community Development Department, Public Works Department, Fire Department, and other City departments as appropriate should participate in this preliminary discussion.

2. Neighborhood council contact recommended. Prior to submitting an application, the applicant may meet with representatives of the neighborhood council in which the project is located to present the project and solicit feedback.
3. Submittal of application. The applicant shall submit an application to the Planning Department along with the application fee as may be established by the City Commission.
4. Determination of completeness. Within 10 days, but not sooner than 4 days, of submittal, the director shall determine whether the proposed application is complete or incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
5. Schedule date of review. Following a determination of completeness, the director shall schedule a public hearing date to review the application allowing for proper public notice.
6. Notice. Consistent with Article 4 of this chapter, the director shall provide for public notice, neighborhood council notification, property owner notification, agency notification, and posting of a sign on the premises.
7. Staff report. The director shall prepare a written staff report as described in this article and mail it to each member of the Planning Board, the applicant, and the applicant’s agent, if any, at least 3 days prior to the public hearing. He/she shall also provide a copy to interested people upon request.
8. Public hearing. The Planning Board shall conduct a public hearing to review the application and staff report.
9. Planning Board recommendation. The Planning Board, after considering the comments and recommendations of the staff report, shall make a recommendation to the City Commission, based on the decision criteria contained in this article, to either:
   1. approve the annexation,
   2. approve the annexation with conditions, or
   3. deny the annexation.
10. City commission decision. The City Commission, after considering the comments and recommendation of the Planning Board and after reviewing the staff report, shall make a decision, based on the criteria contained in this article, to either:
    1. approve the annexation,
    2. approve the annexation with conditions, or
    3. deny the annexation. The decision shall be prepared consistent with the requirements contained in this article.
11. Annexation resolution. City Commission approval shall be done through the adoption of a resolution officially annexing the subject property.
12. Compliance. If the annexation is approved, the applicant shall comply with all the conditions, if any, of the approval.
13. Recording of resolution. The City Clerk shall record the annexation resolution with the County Clerk and Recorder. (Ord. 2950, 2007)

17.16.7.040 Extension of review period

1. Generally. Prior to the final decision of the City Commission, an applicant may request an extension to the review period if the applicant wishes to amend the application with new or different information.
2. Procedure. If the City Commission approves the extension, the Planning Board will rehear the amended application with appropriate notice.
3. Extension requirements. Unless otherwise stated in writing, an extension request automatically extends the review period to 30 days beyond the date when the Planning Board hears the amended application.

17.16.7.050 Basis of decision

The Planning Board's recommendation and the City Commission's decision to approve, conditionally approve, or deny an application shall be based on whether the application, staff report, public hearing, Planning Board recommendation, or additional information demonstrates that each of the following criteria have been satisfied:

1. The subject property is contiguous to the existing City limits.
2. The proposed annexation is consistent with the City’s growth policy.
3. The proposed annexation is consistent with applicable neighborhood plans, if any.
4. The proposed annexation is consistent with other planning documents adopted by the City Commission, including a river corridor plan, transportation plan, and sub-area plans.
5. The City has, or will have, the capacity to provide public services to the subject property.
6. The subject property has been or will be improved to City standards.
7. The owner(s) of the subject property will bear all of the cost of improving the property to City standards and or/ the owner(s) has signed an agreement waiving the right of protest to the creation of a special improvement district created to pay, in whole or in part, any necessary improvement.
8. The subject property has been or will be surveyed and officially recorded with the County Clerk and Recorder.
9. The City will provide both water and sewer service to each of the uses in the subject property that may require potable water and waste water treatment and disposal.
10. The subject property is not located in an area the City Commission has designated as unsuitable for annexation.
11. The subject property is not located in another city or town. (See: 7-2-4608 (1), MCA)
12. The subject property is not used in whole or in part for agriculture, mining, smelting, refining, transportation, or any other industrial or manufacturing purpose or any purpose incidental thereto. (See: 7-2-4608 (2), MCA)

17.16.7.060 Imposition of conditions

In approving the application, the City Commission may impose such conditions as may be necessary to show the annexation is in the public interest.

17.16.7.070 Staff report content

At a minimum, the staff report shall contain the following information:

1. A summary of the comments received from the interdepartmental/agency review;
2. Findings for each of the decision criteria listed in this article;
3. A preliminary list of conditions if approval is recommended; and
4. A recommendation to approve the application, approve it with conditions, or deny the application.

17.16.7.080 Content of decision

1. Content for approval. If the application is approved, the decision shall at a minimum include the following:
   1. A statement that the annexation is approved subject to filing a resolution.
   2. A description of the subject property (e.g., acres, location).
   3. Findings for each of the review criteria established in this article.
   4. A list of conditions which may be imposed.
   5. Specifications and requirements for development improvements, if any.
   6. The zoning classification(s) for the subject property.
   7. A statement specifying under what conditions the City Commission may withdraw its decision to approve the annexation.
   8. How long the decision is valid.
   9. A statement that the decision may be appealed to a court of competent jurisdiction.
   10. Date of the decision.
   11. A signature block for the City Commission.
   12. The extent to which the petitioners have met the terms of approval and a resolution of annexation should therefore be adopted.
2. Content for denial. If the application is denied, the decision shall include the following:
   1. A statement that the annexation is denied.
   2. A description of the subject property (e.g., acres, location)
   3. Findings for each of the review criteria established in this article.
   4. A statement that the denial does not limit the applicant's ability to resubmit a revised application for consideration.
   5. A statement that the decision may be appealed to a court of competent jurisdiction.
   6. Date of the decision.
   7. A signature block for the authorized representative of the City Commission.

17.16.7.090 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

17.16.8.010 Legislative findings

The City Commission makes the following findings:

1. Landowners need to know, prior to construction, whether the proposed development complies with this Title.
2. Tenants and landowners need to know prior to moving into an existing non-residential building whether the proposed use complies with this Title.

17.16.8.020 Permit required

1. New construction. No building or other structure shall be erected, moved, added to, or structurally altered without a zoning permit.
2. Change in use. A change in use to an existing non-residential building or structure, and occupancy thereof, shall not occur without a zoning permit.

17.16.8.030 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the Planning Department along with the application fee as may be established by the City Commission.
2. Determination of completeness. Within 2 days of submittal, the Director of the Planning Department shall determine whether the submitted application is complete or incomplete and notify the applicant, in writing, of any deficiencies. If the application is deemed incomplete, the applicant has 20 days to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. Within 3 days after a determination of completeness, the director shall either issue or deny issuance of the permit based on the decision criteria established in this article.

17.16.8.040 Basis of decision

The decision to issue or deny issuance of the permit shall be based on whether the intended use is consistent with the zoning requirements.

17.16.8.050 Expiration of approval

The permit shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.8.060 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.10.010 Legislative findings

The City Commission makes the following findings:

1. A mechanism is needed to let people know, on a case-by-case basis, whether their property is located within a designated 100-year floodplain and is therefore subject to the floodplain regulations contained in this Title.
2. Because there are numerous companies that make floodplain determinations for flood insurance purposes, it is not necessary for the City to assume this role. (Note: Such companies are required to keep track of each determination and notify those clients when the flood insurance designation on their property changes.)

17.16.10.020 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the floodplain administrator.
2. Determination of completeness. Within 10 days of submittal, the floodplain administrator shall determine whether the application is complete or incomplete and notify the applicant of any deficiencies. If the application is deemed incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The floodplain administrator shall take no further steps to process the application until the deficiencies are remedied.
3. Floodplain administrator decision. Within 10 days after a determination of completeness, the floodplain administrator shall review the application and determine if the property in question, or portion thereof, is located within a designated 100-year floodplain.
4. Applicant notification of determination. Within 5 days following the determination, the floodplain administrator shall mail the determination to the applicant.
5. Creation of permanent record. The floodplain administrator shall maintain such determination as a public record and for future reference.

17.16.10.030 Basis of decision

To determine whether the property in question or portion thereof is located in the designated 100-year floodplain, the floodplain administrator shall review the adopted floodplain map(s), contour maps, elevational survey data supplied by the applicant, and other information as may be necessary. The floodplain administrator shall conduct an onsite inspection if deemed appropriate.

17.16.10.040 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.12.010 Permit required

A floodplain permit shall be required before any structure, building, fill, or any other regulated activity occurs in the 100-year floodplain except for those activities specifically exempted.

17.16.12.020 Application and review procedure

1. Pre-submittal meeting. The applicant or the applicant's agent shall meet with the floodplain administrator prior to submitting a floodplain application to review the project and identify potential issues and also to review applicable regulations and procedures.
2. Submittal of preliminary application. The applicant shall submit the preliminary floodplain application to the floodplain administrator.
3. Notification of requirements for final floodplain application. Upon receiving the preliminary application, the floodplain administrator shall notify the applicant in writing of additional materials that must be submitted with the final application.
4. Submittal of final application. The applicant shall submit the final application to the floodplain administrator along with the application fee as may be established by the City Commission.
5. Determination of completeness. Within 10 days of submittal, the floodplain administrator shall determine whether the application is complete or incomplete and notify the applicant of any deficiencies. If the application is deemed incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The floodplain administrator shall take no further steps to process the application until the deficiencies are remedied.
6. Notice. Consistent with Article 4 of this chapter, the floodplain administrator shall provide for public notice, property owner notification, and agency notification and provide for a comment period of not less than 15 days.
7. Additional notice. The floodplain administrator shall notify the floodplain administrator and other responsible officials from other jurisdictions when the proposed project could potentially affect their jurisdictions.
8. Inter-agency review. The floodplain administrator shall forward one copy of the complete application to the Department of Natural Resources and Conservation and one copy to the Cascade County Conservation District when the proposed development may impact the bed or bank of a stream.
9. Public hearing. Depending on the magnitude of the project and the comments from adjoining property owners and the general public, the floodplain administrator may require a public hearing.
10. Floodplain administrator decision. Within 60 days after a determination of completeness, the floodplain administrator shall review the final application and shall approve the application, approve it with conditions, or deny it based on the decision criteria as described in this article or request additional information as may be needed to adequately evaluate the application.
11. Applicant notification of decision. Within 7 days following the decision, the floodplain administrator shall mail the floodplain decision to the applicant.
12. DNRC notification of decision. The floodplain administrator shall send a copy of the decision to the Montana Department of Natural Resources and Conservation, Floodplain Management Section. (See: 36.15.204 (2)(e) ARM)
13. Certification of permit compliance. Within 10 days following completion of the project, the applicant shall provide the floodplain administrator with the certification of compliance as required by this article.

17.16.12.030 Basis of decision

1. Generally. Decisions to approve, approve with conditions, or deny a floodplain application shall be based on whether the application, public comments, or additional information demonstrates that the proposed project:
   1. meets the standards of this Title and the Montana Floodplain and Floodway Management Act (Title 76, Chapter 5, MCA); and
   2. is consistent with the City’s growth policy, the applicable neighborhood plan(s), if any, and other planning documents adopted by the City Commission including the transportation plan and river corridor plan.
   3. is in the public interest.
2. Review criteria. To determine whether the proposal would be in the public interest, the floodplain administrator shall consider the following:
   1. the danger to life and property due to increased flood heights, increased flood water velocities or alterations in the pattern of flood flow caused by encroachments;
   2. the danger that materials may be swept onto other lands or downstream to the injury of others;
   3. the proposed water supply and sanitation systems, if any, and the ability of these systems to prevent disease, contamination and unsanitary conditions;
   4. the susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;
   5. the likelihood that the structure or building will be threatened due to its proximity to the stream or potential lateral movement of the stream;
   6. the importance of the services provided by the facility to the community;
   7. the requirement of the facility for waterfront location;
   8. the availability of alternative locations not subject to flooding for the proposed use;
   9. the compatibility of the proposed use with existing development and anticipated development in the foreseeable future;
   10. the relationship of the proposed use to the City’s growth policy, neighborhood plan, if any, the document entitled, and floodplain management program for the area;
   11. the safety of access to property in times of flooding for ordinary and emergency services;
   12. effects of the project on other properties;
   13. the cumulative effect of the proposed project along with other existing projects; and
   14. such other factors as are in harmony with the purposes of this Title, the Montana Floodplain and Floodway Management Act, and the National Flood Insurance Program.

17.16.12.040 Imposition of conditions

The floodplain administrator shall impose conditions on the issuance of a permit as may be necessary to allow a positive finding that the project is in the public interest. The floodplain administrator shall require the applicant to file a mitigation agreement with the County Clerk and Recorder's office if there is a possibility that the project may negatively affect the adjoining property or the function/stability of the river. In addition, the floodplain administrator shall require the applicant to file a monitoring agreement with the County Clerk and Recorder's office for projects that will result in a significant alteration of the river or that use experimental designs and/or materials.

17.16.12.050 Content of decision

1. Content for approval. If the application is approved, the decision shall at a minimum include the following:
   1. A statement that the application is approved.
   2. A general description of the project.
   3. An evaluation of the criteria considered in reaching the decision.
   4. Conditions of approval and/or required project specifications, if any.
   5. The procedures and requirements when there is a major or minor deviation from the floodplain decision.
   6. A statement specifying under what conditions the floodplain administrator may withdraw the floodplain decision.
   7. How long the floodplain decision is valid.
   8. A statement that the applicant will obtain all other local, State, and federal permits prior to commencement of work (e.g., Section 404 of the Federal Water Pollution Control Act of 1972 and Natural Streambed and Land Preservation Act).
   9. A statement describing how and when the applicant will provide certification to the floodplain administrator following completion of the project to ensure the project met the conditions of approval. (Ord. 2950, 2007)
   10. A statement that changes in this Title shall not affect the approval and that no additional conditions shall be imposed.
   11. A statement that the decision may be appealed to a court of competent jurisdiction.
   12. Date of the decision.
   13. A signature block for the floodplain administrator.
2. Content for denial. If the application is denied, the decision shall at a minimum include the following:
   1. A statement that the application is denied.
   2. A description of the project.
   3. An evaluation of the criteria considered in reaching the decision.
   4. A statement that the denial does not limit the applicant's ability to resubmit a revised application for consideration.
   5. A statement that the decision may be appealed.
   6. Date of the decision.
   7. A signature block for the floodplain administrator.

17.16.12.060 Preliminary application form and content

1. Preparation. The preliminary application may be prepared by the applicant, registered architect, registered professional engineer, registered land surveyor, or other qualified individual, as appropriate to the project.
2. Format. The application, as may be used by the floodplain administrator, shall be completed.

17.16.12.070 Final application form and content

1. Preparation. The final application shall be prepared by a registered professional engineer, registered land surveyor, and/or registered architect, or other qualified individual, as appropriate to the project. When the project entails the practice of engineering, a professional engineer shall complete the application and certification, if required. Examples of such projects include grade control structures, channel shaping / relocation, water diversions, bridges/culverts, utility lines, levees and floodwalls, river channelization, bank stabilization projects in excess of 200 cumulative feet, and dams.
2. Required content. The final application shall include:
   1. an application form, as may be used by the floodplain administrator;
   2. a site plan prepared at a scale of 1”=20’ and containing the information listed in Appendix A;
   3. a vicinity map showing the location of the subject property and the location and name of adjacent roads and municipal boundaries;
   4. the names and complete mailing addresses of all owners of record owning property adjoining the subject property, as identified on the most recent tax rolls of the county;
   5. project specifications for floodproofing, filling, excavating, grading, riprapping, storage of materials, and location of utilities;
   6. a plan view of the proposed development indicating external dimensions of structures, street or road finished grade elevations, well locations, individual sewage treatment and disposal sites, excavation and/or fill quantity estimates, site plan and/or construction plans;
   7. copies of issued or requested permits where applicable, including the following: a. 404 Permits, pursuant to Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334, b. 310 Permits, pursuant to Natural Streambed and Land Preservation Act, Title 75, Chapter 7, Part 1 MCA), c. Short-Term Exemption from Surface Water Quality Turbidity Standards;
   8. a list of variances, requested or granted, that are relevant to the application and completed applications for all requested variances;
   9. design calculations, as may be prepared by a professional engineer or registered architect;
   10. as appropriate, certification by a professional engineer or registered architect that the proposed project has been designed to be in compliance with this Title.
3. Additional information may be required. The floodplain administrator may require whatever additional information is necessary to determine whether the proposed activity meets the requirements of this Title. Additional information may include the following:
   1. A hydraulic study documenting probable effect on upstream, downstream, or adjacent property owners caused by the proposed development; or
   2. The calculated increase in the 100-year flood water surface profile caused by the proposed development.

17.16.12.080 Compliance certification requirements

1. Generally. To determine that the permit specifications and conditions have been completed, applicants shall furnish the following at the time of an on-site conformance inspection, as appropriate:
   1. Certification by a registered professional engineer or registered land surveyor of the actual mean sea level elevation of the lowest floor (including basement) of all new, altered, or substantially improved buildings.
   2. If flood proofing techniques were used for buildings, the mean sea level elevation to which the flood proofing was accomplished must be certified by a professional engineer with demonstrated expertise in structural engineering or licensed architect in the same manner.
   3. Certification shall also be required, for artificial obstructions other than buildings, verifying that the activity was accomplished in accordance with this Title and the design plans submitted with the application for the permit activity.
   4. Certification of a flood proofing and/or elevation shall be provided on a standard form available from the floodplain administrator.
   5. Flood proofing must be certified by a registered professional engineer or architect that the flood proofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy, and uplift forces associated with the 100-year flood.
2. Waiver of certification requirements. The floodplain administrator may waive certain certification requirements when an on-site inspection clearly demonstrates that the conditions of the approval were satisfied.

17.16.12.090 Expiration of approval

The permit shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.12.100 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

17.16.14.010 Generally

The floodplain administrator may issue an emergency floodplain permit waiver consistent with this part when in his/her judgment an emergency exists and there is a clear and present danger to public facilities such as roads, public wells, public water and sewer facilities, and flood control works.

17.16.14.020 Application and review procedure

1. Initiation. The official responsible for protecting the public facility shall submit the following information to the floodplain administrator in writing, or verbally: the nature of the emergency, the specific threat to the public facility, and the proposed action.
2. Determination. The floodplain administrator shall consider all of the facts known at that time, and determine if an emergency permit is warranted. If a permit is authorized, it initially may be given verbally or in writing. If verbal authorization is given, the floodplain administrator shall provide such determination in writing.
3. Establishment of record. The floodplain administrator shall assign a unique number for this action and establish a permanent written record.

17.16.14.030 Content of written waiver

The emergency waiver shall be in writing and shall describe the nature of the emergency, the specific risk to the public facility if action were not taken, the action authorized to abate the threat, and whether verbal authorization was given prior to written authorization.

17.16.14.040 Termination of waiver

Upon cessation of the emergency condition that prompted the waiver, the waiver shall be null and void and all work as authorized by the waiver shall cease, except for those specific and limited actions that are needed to protect the immediate public health, safety, and welfare. All subsequent work shall be conducted in conformance with a floodplain permit as issued in this chapter.

17.16.14.050 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.

17.16.16.010 Permit required

A sign permit shall be required before any new sign is located within the City or any existing sign is expanded, reconstructed, or moved any distance.

17.16.16.020 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the Community Development Department.
2. Determination of completeness. Within 2 days of submittal, the Director of Community Development shall determine whether the submitted application is complete or incomplete and notify the applicant, of any deficiencies. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. Within 3 days after a determination of completeness, the director shall approve the permit, approve it with conditions, or deny the permit based on the decision criteria established in this article.
4. Permit fee. At the time of issuance of the permit, the applicant shall pay the applicable permit fee as may be established by the City Commission.

17.16.16.030 Basis of decision

The decision to approve, approve with conditions, or deny the permit shall be based on whether the application, as submitted, meets the standards and requirements of this Title and applicable Building Code requirements.

17.16.16.040 Application form and content

1. Preparation. The applicant shall prepare the application submittal with the assistance of a sign designer/contractor, registered architect, or registered engineer, as may be appropriate.
2. Required content. The application submittal shall include the following:
   1. an elevation drawing of the sign drawn to scale that shows overall dimensions and materials;
   2. a site plan prepared at a scale of 1” = 20’ and containing the information listed in Appendix A;
   3. a copy of design waivers or variances that have been granted for the project;
   4. a description of design waivers or variance that are needed for the project;
   5. an application form; and
   6. applicable Building Code requirements as in Title 15, OCCGF.

17.16.16.050 Expiration of approval

The permit shall expire 180 days after the date of issuance.

17.16.16.060 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.17.010 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the Community Development Department along with the application fee as may be established by the City Commission.
2. Determination of completeness. Within 5 days of submittal, the Director of Community Development shall determine whether the submitted application is complete or incomplete and notify the applicant, in writing, of any deficiencies. If the application is deemed incomplete, the applicant has 20 days to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. Within 3 days after a determination of completeness, the director shall approve the application, approve it with conditions, or deny the permit based on the decision criteria established in this article.
4. Resubmittal of application. If the application is denied, the applicant has 20 days to submit another application or forfeit the original application fee.

17.16.17.020 Basis of decision

The decision to approve, approve with conditions, or deny the submitted landscape plan shall be based on whether the application, as submitted, meets the standards and requirements of this Title.

17.16.17.030 Application form and content

The application submittal shall include the following:

1. An application form.
2. A landscape plan prepared consistent with this Title.
3. An irrigation plan prepared consistent with this Title.
4. A list of variances and design waivers, requested or granted, that are relevant to the application.

17.16.17.040 Landscape plan

1. When required. A landscape plan as described in this section shall be prepared and submitted when a project must provide landscaping as required by this Title (except single-family residences).
2. Qualifications to prepare. A landscape plan shall be prepared by a registered landscape architect, registered professional engineer, registered architect, or other qualified individual, as appropriate to the project, who is knowledgeable of landscaping principles and plant selection and care.
3. Format. A landscape plan shall be prepared according to the following format:
   1. The page size shall not exceed 24” by 36”.
   2. Where multiple sheets are necessary, a cover sheet with an index shall be included.
   3. The plan shall be legible and show all of the required information.
   4. The plan shall be prepared at an appropriate scale to show the required information. For sites smaller than one acre, a scale of 1” = 20’ is generally appropriate and for projects larger than one acre, a scale of 1” = 50’ is generally appropriate.
4. Content. At a minimum the landscape plan shall contain the information as listed in Appendix A ( 172k PDF).

17.16.17.050 Irrigation plan

1. When required. An irrigation plan as described in this section shall be prepared and submitted when a landscape plan involves the installation of an irrigation system.
2. Qualifications to prepare. An irrigation plan shall be prepared by a person who is knowledgeable of irrigation system components and maintenance, water efficient design principles, evapotranspiration rates, hydrology, local soil conditions, and locally used plant materials and their respective water needs.
3. Format. An irrigation plan shall be prepared in the same format of the submitted landscape plan.
4. Content. At a minimum the irrigation plan shall depict the location of and specifications for all irrigation components and include a recommended watering schedule.

17.16.17.060 Plant substitutions

Minor revisions to an approved landscape plan may be requested due to a lack of plant availability or seasonal planting constraints.

17.16.17.070 Installation deferral

If climatic conditions or other circumstances prevent proper and complete installation of the landscaping required in this Title prior to issuance of a certificate of occupancy, the City Forester may defer such installation until the next growing season for just cause, provided the property owner / developer provides the City with a financial guarantee pursuant to Chapter 68 of this Title. In no case shall the time for completion be extended beyond June 1 immediately following the completion date.

17.16.17.080 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.18.010 Application and review procedure

1. Pre-submittal conference. Before submitting an application, the applicant or the applicant's agent is encouraged to meet with the Director of Community Development to:
   1. review applicable regulations and procedures;
   2. review applicable goals and objectives of the City’s growth policy, neighborhood plans, if any, and other plans, as appropriate; and
   3. review a concept drawing of the project.

   The pre-submittal conference may, at the discretion of the director and with concurrence of the applicant or the applicant's agent, be held via telephone conference. Prior to the conference, the concept drawing shall be submitted to the director.

2. Submittal of application. The applicant shall submit an application, as described in this article, to the Community Development Department along with the application fee as may be established by the City Commission.
3. Determination of completeness. Within 10 days, but not sooner than 4 days, of submittal, the director shall determine whether the proposed application is complete or incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
4. Schedule date of review. Following a determination of completeness, the director shall schedule a meeting with the Design Review Board. Public notice shall be given of the date and time of the meeting.
5. Staff report. The director shall prepare a written staff report as described in this article and mail it to each member of the Design Review Board, the applicant, and the applicant’s agent, if any, at least 3 days prior to the public meeting. He/she shall also provide a copy to interested people upon request.
6. Public hearing. The board shall conduct a public hearing to review the application.
7. Board decision. Within 10 days of the public meeting (unless the applicant consents in writing to an extension of the review period), the Design Review Board after considering the comments and recommendations of the staff report shall render a decision to:
   1. approve the application,
   2. approve the application with conditions, or
   3. deny the application.
8. Applicant notification of decision. Within 5 days following the decision date, the director shall mail the board’s decision to the applicant.

17.16.18.020 Extension of review period

1. Generally. Prior to the final decision of the board, the board or the applicant may request an extension to the review period. The applicant may wish to amend the application with new or different information or the board may request new or additional information.
2. Extension requirements. Unless otherwise stated in writing, an extension request may extend the review an additional 30 days.

17.16.18.030 Basis of decision

The Design Review Board’s decision to approve, conditionally approve, or deny an application shall be based on whether the application, staff report, public input, or additional information demonstrates that each of the following criteria have been satisfied:

1. The proposal meets the required design standards; and
2. The proposal meets the design guidelines to the greatest extent possible.

17.16.18.040 Application form and content

1. Preparation. In conjunction with a registered architect or design professional, the applicant shall prepare the application.
2. Required content. The application submittal shall include the following:
   1. building elevations as prepared by an architect or design professional that shows all windows, doors, eaves, roof lines, exterior materials, vents, chimneys, HVAC units, signage, and other similar design features;
   2. a site plan prepared at a scale of 1”=20’ and containing the information listed in Appendix A ( 172k PDF);
   3. a copy of design waivers or variances that have been granted for the project;
   4. a description of design waivers or variances that are needed for the project; and
   5. an application form.
3. Optional content. The application may include other information including colored renderings, three-dimensional models, computer simulation, and other types of visual aids.

17.16.18.050 Staff report content

At a minimum, the staff report shall contain the following:

1. an analysis of the building and related site design based on the design standards and guidelines contained in this Title; and
2. a preliminary list of deficiencies, if any.

17.16.18.060 Expiration of approval

The approval shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.18.070 Appeal

Within 30 days of the Design Review Board’s decision, the applicant and/or an aggrieved person may appeal the decision by petitioning the City Commission in writing. A majority vote of the City Commission shall be required in order to place the appeal on the commission’s agenda for formal action. Any City Commission action is superior to the Design Review Board’s decision, unless such decision is upheld. If the City Commission fails to review the project or if the City Commission hears the application, the applicant and/or aggrieved person may appeal the City Commission’s decision by filing an appeal with a court of competent jurisdiction within 30 days of the City Commission’s decision on appeal or decision to not hear the appeal.

17.16.19.010 Permit required

An electrical permit and an outdoor lighting application and plan shall be required before any new outdoor lighting is located within the City or any existing lighting is expanded, reconstructed, converted, or moved any distance.

17.16.19.020 Reviewing entity

1. Review. When the Design Review Board reviews a project, it shall also review the proposed lighting, if any, to ensure it complies with the lighting standards contained in this Title. The Design Review Board shall follow the review process and render a decision consistent with this article.
2. Administrative review. When an outdoor lighting application is submitted and is not subject to any other review procedure, the Director of Community Development shall conduct the review and render a decision consistent with this article.

17.16.19.030 Application and review procedure for independent review

1. Submittal of application. The applicant shall submit a completed application to the Community Development Department along with the application fee as may be established by the City Commission.
2. Determination of completeness. Within 2 days of submittal, the Director of Community Development shall determine whether the submitted application is complete or incomplete and notify the applicant, in writing, of any deficiencies. If the application is deemed incomplete, the applicant has 20 days to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. Within 3 days after a determination of completeness, the director shall approve the permit, approve it with conditions, or deny the permit based on the decision criteria established in this article.
4. Applicant notification. Within 5 days following the decision, the director shall mail the applicant the original (signed) copy of the permit and retain a copy for the public record.

17.16.19.040 Basis of decision

The decision to approve, approve with conditions, or deny the permit shall be based on whether the application, as submitted, meets the standards and requirements of this Title and applicable Building Code requirements.

17.16.19.050 Application form and content

The application submittal shall include the following:

1. An application form.
2. A lighting plan prepared consistent with this Title.
3. A list of variances, requested or granted, that are relevant to the application.

17.16.19.060 Lighting plan

1. When required. A lighting plan as described in this section shall be prepared and submitted when a project includes outdoor lighting.
2. Qualifications to prepare. A lighting plan shall be prepared by a lighting designer/contractor, registered architect, or registered engineer, as may be appropriate.
3. Format. A lighting plan shall be prepared according to the following format:
   1. The page size shall not exceed 24” by 36”.
   2. Where multiple sheets are necessary, a cover sheet with an index shall be included.The plan shall be legible and show all of the required information.
   3. The plan shall be prepared at an appropriate scale to show the required information. For sites smaller than one acre, a scale of 1” = 20’ is generally appropriate and for projects larger than one acre, a scale of 1” = 50” is generally appropriate.
4. Content. At a minimum the lighting plan shall contain the information as listed in Appendix A ( 172k PDF).

17.16.19.070 Expiration of approval

The permit shall expire 180 days after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.19.080 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.20.010 Legislative findings

The City Commission makes the following findings:

1. There may be instances where certain design requirements of this Title that if enforced may cause unintended and unwanted results, as opposed to a hardship where a variance may be the appropriate remedy.
2. Minor deviations from this Title may help to promote a better development and protect environmental and cultural resources.
3. A mechanism is needed to allow an administrative deviation from this Title when it can be shown that the grant of relief will avoid unintended and unwanted results and result in a better development.
4. Such a mechanism should be simple, handled at the administrative level, and be consistently and fairly applied.
5. Issuance of a design waiver does not imply or guarantee subsequent approval or conditional approval of any review process required by this Title.

17.16.20.020 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application, as described in this article, to the Community Development Department along with the application fee as may be established by the City Commission.
2. Determination of completeness. Within 10 days, but not sooner than 4 days, of submittal, the Director of Community Development or appropriate City department director shall determine whether the proposed application is complete or incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Decision. Within 15 days after submittal, the director shall review the request and approve it, approve it with conditions, or deny it based on the decision criteria established in this article.
4. Applicant notification of decision. Within 5 days following the decision, the director shall mail the decision to the applicant.
5. Ratification by reviewing authority. The board, commission, or official responsible for a subsequent review shall ratify the issuance of the waiver or revoke the waiver if it was not issued in compliance with this article.

17.16.20.030 Basis of decision

The director of the appropriate City department shall not approve the application unless he/she makes a positive finding, based on substantial competent evidence, on each of the following:

1. The requirement would cause an unintended or undesirable result if applied to the particular circumstance and if relaxed would result in a better overall development design and/or protect environmental or cultural resources.
2. The exceptional and unique circumstances do not result from the actions of the applicant.
3. The applicant has no other option to improve the development's design or avoid negative impacts on environmental and/or cultural resources.
4. The request is not based exclusively upon a desire to reduce the cost of developing the site or to maximize the developer's profit.
5. The granting of the design waiver will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties.
6. The effect of the proposed design waiver is in harmony with the general intent of this Title and the specific intent of the relevant subject area(s).
7. The design waiver requested is the minimum necessary to accomplish the intent of this part.

17.16.20.040 Limitations on issuing a design waiver

The waiver is limited to design requirements only. In no case shall a City department director modify lot size or other requirements to increase the permitted density or intensity of use or consider any waiver application that should be considered a variance.

17.16.20.050 Imposition of conditions

In issuing a design waiver, a City department director may impose such conditions and restrictions upon the premises benefited as may be necessary to allow a positive finding to be made on any of the foregoing factors.

17.16.20.060 Application form and content

The application submittal shall include the following:

1. An application.
2. Other information as may be necessary for the appropriate City department director to make the findings as required.

17.16.20.070 Expiration of approval

A design waiver shall be personal to the owner of record at the time of its approval and shall expire either 18 months after the date of approval or by earlier action by the director issuing the waiver or the City Commission, unless construction has commenced and continues in good faith to completion.

17.16.20.080 Appeal

Because the nature of a design waiver is discretionary, an applicant may not appeal the decision of the City department director to deny a design waiver application. If the board, commission, or official responsible for a subsequent review ratifies the issuance of the waiver, an aggrieved person may appeal that decision to the Board of Adjustment.

17.16.21.010 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the public works department along with the application fee as may be established by the City Commission.
2. Determination of completeness. The Director of Public Works shall determine whether the submitted application is complete or incomplete and notify the applicant, in writing, of any deficiencies. If the application is deemed incomplete, the applicant has 20 days to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. After a determination of completeness, the director shall approve the permit, approve it with conditions, or deny the permit based on the decision criteria established in this article.
4. Applicant notification. Following the decision, the director shall mail the applicant the original (signed) copy of the permit and retain a copy for the public record.

17.16.21.020 Basis of decision

The decision to approve, approve with conditions, or deny the permit shall be based on whether the application, as submitted, meets the standards and requirements of this Title.

17.16.21.030 Application form and content

1. Preparation. The application shall be prepared by a registered professional engineer, or other qualified individual who is knowledgeable of erosion control practices and procedures, as deemed acceptable by the Director of Public Works.
2. Required content. The application submittal shall include the following:
   1. a site plan prepared as described in this part;
   2. a copy of design waivers or variances that have been granted for the project;
   3. a description of design waivers or variances that are needed for the project; and
   4. an application form.
3. Site plan format. A site plan shall be prepared consistent with the following:
   1. The page size shall not exceed 24” by 36”.
   2. Where multiple sheets are necessary, a cover sheet with an index shall be included.
   3. The plan shall be legible and show all of the required information.
   4. The plan shall be prepared at an appropriate scale to show the required information. For sites smaller than one acre, a scale of 1” = 20’ is generally appropriate and for projects larger than one acre, a scale of 1” = 50’ is generally appropriate.
   5. The site plan shall contain the information as listed in Appendix A ( 172k PDF) and information from the application that can be depicted.
4. Application content. In addition to general information about the applicant and preparer, the application shall, at a minimum, solicit the following information:
   1. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
   2. All erosion and sediment control measures necessary to meet the objectives of this chapter throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
   3. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
   4. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

17.16.21.040 Expiration of approval

The permit shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.21.050 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.22.010 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the public works department along with the application fee as may be established by the City Commission.
2. Determination of completeness. The Director of Public Works shall determine whether the submitted application is complete or incomplete and notify the applicant, in writing, of any deficiencies. If the application is deemed incomplete, the applicant has 20 days to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.
3. Determination of compliance. After a determination of completeness, the director shall approve the permit, approve it with conditions, or deny the permit based on the decision criteria established in this article.
4. Applicant notification. Following the decision, the director shall mail the applicant the original (signed) copy of the permit and retain a copy for the public record.

17.16.22.020 Basis of decision

The decision to approve, approve with conditions, or deny the permit shall be based on whether the application, as submitted, meets the standards and requirements of this Title.

17.16.22.030 Application form and content

1. Preparation. In conjunction with a registered engineer, the applicant shall prepare the application submittal.
2. Required content. The application submittal shall include the following:
   1. design specifications for all storm water facilities along with documentation for all calculations.
   2. The plan shall be prepared at an appropriate scale to show the required information, including the information listed in Appendix A ( 172k PDF). For sites smaller than one acre, a scale of 1” = 20’ is generally appropriate and for projects larger than one acre, a scale of 1” = 50’ is generally appropriate.
   3. a copy of design waivers or variances that have been granted for the project.
   4. a description of design waivers or variances that are needed for the project; and
   5. an application form.

17.16.22.040 Expiration of approval

The permit shall expire one year after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.22.050 Appeal

The applicant and/or an aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision.

17.16.23.010 Legislative findings

The City Commission makes the following findings:

1. If done improperly, building demolition can release carcinogenic and/or other hazardous substances into the atmosphere that can threaten public health, safety, and welfare.
2. Building demolition can have a negative or positive effect on the properties in the area and community character depending on circumstances of the proposed demolition.
3. Historic buildings are valuable assets to the entire community and should be protected from demolition when warranted.

17.16.23.020 Permit required

No private or public building shall be demolished in whole, or in part, without a demolition permit.

17.16.23.030 Application and review procedure

1. Submittal of application. The applicant shall submit a completed application to the Community Development Department.
2. Determination of completeness. Within 10 days of submittal, the Director of Community Development shall determine if the application is complete. If the application is deemed incomplete, it shall be returned to the applicant and the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until it is deemed complete.
3. Determination of review authority. In consultation with the Historic Preservation Officer, the Director shall determine if the building proposed for demolition is of historic value, meaning it is individually listed on the National Register of Historic Places, is eligible for listing, or is designated as a contributing or primary property to an existing historic district.
4. Review if building is not of historic value. If a determination is made that the building is not of historic value, the director shall issue a demolition permit provided the demolition complies with all other requirements of this Title and other laws and ordinances of the State of Montana and City of Great Falls as may apply.
5. Review if building is of historic value. If a determination is made that the building is of historic value, the applicant and the Historic Preservation Officer shall meet to discuss the proposed demolition. The Historic Preservation Officer shall discuss options for the property, such as alternative designs, grants, tax credits, tax abatements, purchase, land exchanges, and building relocation.
6. Neighborhood council contact recommended. The applicant may meet with representatives of the Neighborhood Council in which the project is located to discuss the proposed demolition and solicit feedback.
7. Additional procedural steps. If the permit is issued, the applicant shall work with the Community Development Department to ensure compliance with this part and other regulations that may apply. (Ord. 2950, 2007)
8. Permit fee. At the time of issuance of the permit, the applicant shall pay the applicable permit fee as may be established by the City Commission.

17.16.23.040 Special requirements for condemnation process

In those cases where a condemnation results in an application for demolition, the official responsible for initiating the condemnation proceedings shall meet with the Historic Preservation Officer to discuss options.

17.16.23.050 Demolition requirements

1. Generally. The Building Department shall ensure that the methods for demolition do not pose a threat to public health, safety, or welfare.
2. Harm to adjoining properties. The demolition shall not physically harm or endanger adjoining properties.
3. Dust abatement and asbestos management. The applicant shall ensure that dust, asbestos, or other contaminants are not released into the environment.
4. Damaged public/private improvements. The applicant shall be responsible for repairing any public and private improvements (e.g., sidewalks, curb and gutter, roads) that are damaged by the demolition.

17.16.23.060 Expiration of approval

The permit shall expire 30 days after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion.

17.16.23.070 Appeal

1. The applicant and/or an aggrieved party may appeal a final decision made pursuant to this article by filing an appeal with the Board of Adjustment within 30 days of the final decision. (Ord. 2950, 2007)

17.16.26.010 Application and review procedure for a major subdivision (See: 76-3-601, MCA)

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Director of the Planning Department to:
   1. review applicable State laws and local regulations and procedures; and,
   2. review applicable goals and objectives of the City’s growth policy; and,
   3. review the concept plat; and,
   4. create a list of the public utilities, agencies of local, State and federal government and other entities to be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies and other entities are given to respond.

   The pre-application meeting may, at the discretion of the director and concurrence of the applicant or the applicant's agent, be held via telephone conference within 30 days from the date the subdivider requests such a meeting. Prior to the conference, the concept plat shall be submitted to the director. A representative from the Community Development Department, Public Works Department, Fire Department, and other City departments as appropriate should participate in this preliminary discussion.

2. Neighborhood council contact recommended. Prior to submitting an application, the applicant should meet with representatives of the neighborhood council in which the project is located to present the project and solicit feedback.
3. Submittal of application. The applicant shall submit an application to the Planning Department along with the application fee as may be established by the City Commission, within 6 months of the pre-application meeting referenced in A above.
4. Determination of completeness. Within 5 working days of submittal, the director shall determine whether the proposed application contains all of the listed materials as required by section 17.16.26.080 of this Article, and notify the applicant of any deficiencies. The director has an additional 15 working days to determine whether the application and required elements contain detailed, supporting information that is sufficient to allow for review of the proposed subdivision under the provisions of this chapter and local regulations adopted pursuant to this chapter. If the application is incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied. (See: 76-3-604 (1) and (2), MCA)
5. Schedule date of review. Following a determination of completeness, the director shall notify the Planning Board of the application. If more than 2 majors are submitted in any given month, the Planning Department, in consultation with the Planning Board president, may schedule separate meetings to consider them. Applications will be scheduled on a first-come first-serve basis.
6. Notice. Consistent with Article 4 of this chapter, the director shall provide for public notice, neighborhood council notification, property owner notification, agency notification, and posting of a sign on the premises.
7. Staff report. The director shall prepare a written staff report as described in this article and mail it to each member of the Planning Board, the applicant, and the applicant’s agent, if any, at least 3 days prior to the public hearing. He/she shall also provide a copy to interested people upon request.
8. Public hearing. Allowing for proper public notice, the Planning Board shall conduct a public hearing to review the application. (See: 76-3-501(1)(n) and 76-3-605 (1), MCA)
9. Review session. Allowing for proper notice, the Planning Board may conduct a review session to review the application. The purpose of this session is to allow the Planning Board members and the applicant to informally discuss the preliminary plat without making a formal recommendation.
10. Planning Board recommendation. Within 10 days of the public hearing (unless the applicant consents in writing to an extension of the review period), the Planning Board after considering the comments and recommendations of the staff report shall make a recommendation to the City Commission, based on the decision criteria contained in this article to either:
    1. approve the preliminary plat; or,
    2. approve the preliminary plat with conditions; or,
    3. deny the preliminary plat. (See: 76-3-605 (4) and 76-1-107, MCA)
11. Consultation. If the City Commission intends on imposing conditions of approval to mitigate negative impacts that are different than and/or in excess of those voluntarily included in the application of record by the applicant, the commission shall consult with the applicant and give due weight and consideration to the expressed preference of the applicant. (See: 76-3-608(5)(b), MCA)
12. Supplemental consideration. If as a result of the consultation, the proposed subdivision is materially and substantially different than the original application, the City Commission may direct the Planning Board to conduct another public hearing to consider the application as may be changed by the anticipated mitigation.
13. City Commission decision. Within 60 days of the determination of completeness (unless the applicant consents in writing to an extension of the review period), the City Commission after considering the comments and recommendation of the Planning Board and after reviewing the staff report shall make a decision, based on the decision criteria contained in this article, to either:
    1. approve the preliminary plat; or,
    2. approve the preliminary plat with conditions; or,
    3. deny the preliminary plat. (See: 76-3-604 (2), MCA)

    The preliminary plat decision shall be prepared consistent with the requirements contained in this article.

17.16.26.020 Application and review procedure for a minor subdivision or for a second or subsequent minor subdivision from a tract of record (See: 76-3-505 (2) and 76-3-609, MCA)

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Director of the Planning Department to:
   1. review applicable subdivision regulations and procedures; and,
   2. review applicable goals and objectives of the City’s growth policy; and,
   3. review the concept plat; and,
   4. create a list of the public utilities, agencies of local, State and federal government and other entities to be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies and other entities are given to respond.

   The pre-application meeting may, at the discretion of the director and concurrence of the applicant or the applicant's agent, be held via telephone conference within 30 days from the date the subdivider requests such a meeting. Prior to the conference, the concept plat shall be submitted to the director. A representative from the Community Development Department, Public Works Department, Fire Department, and other City departments as appropriate should participate in this preliminary discussion.

2. Neighborhood council contact recommended. Prior to submitting an application, the applicant should meet with representatives of the neighborhood council in which the project is located to present the project and solicit feedback.
3. Submittal of application. The applicant shall submit an application, as described in this article, to the Planning Department along with the application fee as may be established by the City Commission, within 6 months of the pre-application meeting referenced in A above.
4. Determination of completeness. Within 5 working days of submittal, the director shall determine whether the proposed application contains all of the listed materials as required by section 17.16.26.080 of this Article, and notify the applicant of any deficiencies. The director has an additional 15 working days to determine whether the application and required elements contain detailed, supporting information that is sufficient to allow for review of the proposed subdivision under the provisions of this chapter and local regulations adopted pursuant to this chapter. If the application is incomplete, the applicant has 6 months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied. (See: 76-3-604 (1) and (2), MCA)
5. Schedule date of review. Following a determination of completeness, the director shall notify the Planning Board of the application. If more than 6 minors are submitted in any given month, the Planning Department, in consultation with the Planning Board president, may schedule separate meetings to consider them. Applications will be scheduled on a first-come, first-serve basis.
6. Notice. Consistent with Article 4 of this chapter, the director shall provide for, appropriate notification, depending upon whether the application involves a minor plat or a second or s