HomeMy WebLinkAbout16- Ordinance 1927 Historic Preservation Board Powers and Duties v
ORDINANCE NO. 1927
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING CHAPTER 2, ARTICLE 5, DIVISION 6, BMC TO CHANGE
THE OBJECT,DEFINITIONS, COMPOSITION, STAFFING, MEETING PROVISIONS,
AND POWERS AND DUTIES OF THE HISTORIC PRESERVATION ADVISORY
BOARD.
WHEREAS, the State of Montana has established a policy to protect and preserve the
history of the state and has created procedures and practices to do so through 22-3-101, MCA
and other portions of state law; and
WHEREAS, The City of Bozeman adopted Ordinance 1180 in 1985 to create a Historic
Preservation Commission; and
WHEREAS, The City of Bozeman adopted Ordinance 1252 in 1987 to revise the
number of members; and
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WHEREAS, The City of Bozeman adopted Ordinance 1454 in 1998 to revise the name €
and number of members, and to expand the duties; and
WHEREAS, The City of Bozeman has determined it to be appropriate to further revise
the membership and responsibilities of the Historic Preservation Advisory Board;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZE MAN, MONTANA:
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Ordinance No. 1927,Revisions to the Historic preservation Advisory Board
Section 1
That Section 2.05.860 of the Bozeman Municipal Code be amended as follows:
Sec. 2.05.860. - Object.
This division is designed as a measure to establish a local historic preservation program
designed to promote and protect t historic and prehistoric sites, structures,
objects, buildings and historic districts by addressing historic preservation issues at the local
level and integrating them into local, state and federal planning and decision-making processes.
The historic preservation program will include the identification and evaluation and pfeteefien of
historic resources within the city-through regularly enacted cultural resource surveys.
Section 2
That Section 2.05.880 of the Bozeman Municipal Code be amended as follows:
Sec. 2.05.880. - Definitions.
A. The following words,terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section,except where the context clearly indicates a
different meaning:
1. "Historic preservation advisory board" means the board created by this division and
appointed by the local government of the city which is responsible for creating and
administering a historic preservation program.
2. "Historic preservation officer" hereinafter called "preservation officer" means the
official appointed by the local government who is charged with the responsibility of
acting as staff liaison to the historic preservation advisory board.
Section 3
That Section 2.05.890 of the Bozeman Municipal Code be amended as follows:
Sec. 2.05.890. -Establishment and quorum.
A. In order to carry out the purpose of this division, an historic preservation advisory board is
created.All historic preservation advisory board members shall have a demonstrated interest,
competence or knowledge in historic preservation. Information on the credentials of the
historic preservation advisory board members must be kept on file in the office of the city
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Ordinance No. 1927,Revisions to the Historic Preservation Advisory Board
clerk and available during regular office hours for inspection by the public. This historic
preservation advisory board shall consist of up to 4-5 7 members, as follows:
1.At least three but not more gmn 9quf members shall meet the Secretary of the Interior's .
Professional Qualification Standards with pTefessienal expertise in the disciplines of
history,planning, archaeology,architecture, architectural history,historic archaeology,or
other historic preservation-related disciplines such as cultural geography or cultural
anthropology., provided, however-,that 4 least
one e,.bef,,7,,,1 t ,.,a++_.,,.,,Mtect holds.,,.
state or NCARB registration. Retired pfefessionals 6hall be given consideration equial*A
that of pfaetieing professionals. Resideney�Mthin the city shall net be a prerequisite
2. At least one member two btA ro*m e dran f m,,.,, eFs shall be
living in a Bozeman histe6e distr-iet, en file at flie city planning e�ffiee. As-now membefs
am ehosen to Feplaee these w-hase terms have expired, an e&tl shotdd be made te e*sHf
fiem a leeally designated hister-io distric4 if stfeng intefest exists among residents of a
partieular . an architect holding state or NCARB registration. Retired professionals
shall be given consideration equal to that of practicing professionals. Residency within
the city shall not be a prerequisite for membership as a professional re resentative.
3. One represeatat4ve fop the eemmeFeial fteigMer-heed. This representative shall operete
h.„ .,S48; „ ONNM property in the o ghbeiheed described as Main Stieet the
eammenial area of devwAewn-Bozeman. At least one member shall live in or own
propertyin a Bozeman historic district on file at the cijy planningoffice. A member ma
be chosen from a locally or nationally designed district.
4.At least four, but ne mere dm si members shall be at-large representatives:
Resideney within the eity shall not be a prerequisite fef membership as an at lar-g
who reside or own property within the City limits.
5. Quorum. A quorum shall be comprised of a minimum of 50 percent of the appointed
members, of which at least#sue one shall be a professional members.
Section 4
That Section 2.05.910 of the Bozeman Municipal Code be amended as follows:
See. 2.05.910. - Staff.
A. The preservation officer for Bozeman shall act as staff liaison to the historic preservation
advisory board. The preservation officer will shall be appoint dby the hiss -r-io p o e •afie
N.NAIJVA,' VVltl ll�'a ,:+�,the eene „„e of the city e b employed by the appropriate
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city department. In addition-,the presffvat4an offieeF may be empleyed by the appropriate city
dent,A member of the historic preservation advisory board may be invited to
participate in the City's process for selection and hiring of a Preservation Office when the
position is vacant.
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Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board
B. The preservation officer must have a demenstrated interest, eempetenee or kaew4edge in
shall satisfy the Secretar of the Interior's Professional Qualification
Standards.
C. Duties of the preservation officer include coordinating the local historic preservation
programs,helping in the development of local surveys,projects and historic preservation
planning documents,advising and providing assistance to the local historic preservation
advisory board, government agencies and the public, and ensuring to the extent practicable,
that the duties and responsibilities delegated by this division are carried out.
Section 5
That Section 2.05.920 of the Bozeman Municipal Code be amended as follows:
Sec. 2.05.920. -Meetings; notice of meetings.
A. The historic preservation advisory board shall conduct a minimum of one regularly
scheduled meeting each month_exeept tdharThe chairperson may cancel any meeting or
schedule special meetings when such meetings are necessary to carry out the provisions of this
division in accordance with City Advisory Board noticing requirements. Regularly scheduled
meetings shall be held at such place, day and hour as may from.time to time be fixed by the
board. W+itte re flee of n„
the mef�er!s usual plaae of residence at least 24 hours before the time set for the meeting.
The presiding officer, a maiority of the board or the staff liaison maw special meetings of
the board upon at least forte eight(48)hours notice to each member personally served on
each member through email or left at the member's usual place of residence and also notice to
the public by, at a minimum,posting the agenda on the Cit 's website and posting board.
B.
All meetings
shall be open to the public in accordance with the Montana State Open Meeting Law.'`— T
of the meetings should be ealeulated to r-eaeh all interested and affe(Aed fflember-s of:
eEMURMit3.
C. The historic preservation advisory board shall establish its own bylaws conformning to the
guidelines set forth in the "Certified Local Government Program in Montana" and by the City
of Bozeman. and make a All written or taped minutes,reports and case decisions are available
to the public.
Section 6
That Section 2.05.930 of the Bozeman Municipal Code be amended as follows:
Sec. 2.05.930. -Powers and duties.
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Ordinance No. 1927,Revisions to the Historic Preservation Advisory Board
A. The historic preservation advisory board shall have the powers and duties to:
1.
The historic preservation advisory board shaI4 inain4aifi glis inveotefy of idemified
Efistr4ets, sites and/or stmetures within the city and make this information available to the
puhlie; Advocate for the maintenance and updating of the survey and inventory of
historic and prehistoric properties. The Board will make an annual recommendation
prioritizing areas or sites within the City Limits for cultural resource survey work.
2. Use the National Register of Historic Places criteria for designation of properties as a
historic district or site and shall apply these criteria for local designation of historic and
prehistoric properties;
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city;(B). This includes r i i _ 1 eemmeating an any national register-nemin4ians e
pfepeA4y within the
commission) eity planning be >
This Feview and eeniment shall be s,.b,oduled within+;....,e linos : ,..lace for whatever
e fie is being g♦.,lea
city,S. Consult YAth state and federal ageneies on all applioations,
Gewunents by the hister-ie pr-eseFvatien advisory board shall be sent to the state hister
preservation assessmen4s, Aal impact statements and other similar documents peAaining
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3. Review and comment on:
a. Planning and zoning programs undertaken by the city, state and federal agencies
which relate to historic resources. This review and continent shall be scheduled and
occur within time lines established for whatever action is beingtaken-,
aken;
b. Environmental assessments, environmental impact statements and other similar
documents pertaining to historic districts,landmark sites, or landmark properties
within the city. To facilitate interagency cooperation, a copy of comments by the
historic preservation advisory board provided to state or federal agencies may be sent
to the state historic preservation office. Transmittal of comments shall be through the
historic preservation officer,
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c. Make recommendations to the appropriate advisory body or decision-making body
concerning any changes or modifications to the zoning regulations and zoning district
boundaries. Transmittal of comments shall be through the historic preservation officer;
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Ordinance No, 1927, Revisions to the Historic Preservation Advisory Board
d. Upon regnest of the reviewing authority make recommendations to the review
authority regarding zoning applications pertaining to historic properties and which
require public notice.
e. Proposals to nominate properties to the National Register of Historic Places
according to the Montana State Regulations for Certified Local Governments, section
VI, (B). This includes reviewing and commenting on any national register nominations
on property within the city;
49. Render advice and guidance upon request of the property owner as to the restoration,
alteration, decoration, landscaping or maintenance of potentially historic buildings or
structures. The historic preservation advisory board may create voluntary design
guidelines which will be made available to the public for assistance in preservation
projects;
59. Participate in,promote and conduct public information, educational and interpretive
programs pertaining to historic preservation;
64-0.Review and process applications for tax abatement pursuant to the provisions of
chapter 424 of the Laws of 1989 of the State of Montana as codified by MCA 15-24-1601
et seq.
Section 7
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 8
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 9
Severability.
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Ordinance No. 1927,Revisions to the Historic Preservation Advisory Board
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid,the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 10
Codification.
This Ordinance shall be codified as indicated in Section 1 —6.
Effective Date.
This ordinance shall be in Rill force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 21"day of March 2016.
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A-(-
CARSON TAYLOR
r> Mayor
ATTEST: O
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'A O ♦4l.p.''.
City Clerk 0
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Ordinance No, 1927, Revisions to the Historic Preservation.Advisory Board
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman,Montana on second reading at a regular session thereof held on the.1�__of
2016. The effective date of this ordinance is l , 2016.
CARSON TAYLOR
0 Mayor
�a L.
ATTEST:
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City Clerk *,i lt3 —a 4°'�•'
C'o 1\l0,
APPROVED TO FORM:
Ctk#G LLIV
Attorney
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