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HomeMy WebLinkAboutOrdinance 85- 1180 Historic preservation advisory commission U2S ORDINANCE NO. 1180 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF A BOARD TO BE KNOWN AS THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION: PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF MEMBERS; PROVIDING FOR APPOINTMENT OF STAFF TO THE HISTORIC PRESERVATION I ADVISORY COMMISSION AND STIPULATING DUTIES OF THE STAFF; PROVIDING FOR SCHEDULING AND NOTICE OF MEETINGS OF THE PRES- ERVATION ADVISORY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section I Purpose and Intent The purpose and intent of this ordinance is as follows: A. To provide for an appointed citizen commission for the City of Bozeman charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources within Bozeman. Sect ion II Object This ordinance is designed as a measure to establish a local historic preservation I program designed to promote the preservation of 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, evaluation and protection of historic resources within the City of Bozeman. Section III Scope The Bozeman Historic Preservation Advisory Commission shall serve in ,an advisory capacity to the Bozeman City Commission, Bozeman City-County Planning Board, Bozeman Zoning Commission and the Board of Adjustment. Section IV Definitions A. "City Commission" means the governing body of the City of Bozeman, County of Gallatin, State of Montana. I B. "Historic Preservation Advisory Commission" means the Commission created by this ordinance and appointed by the local government of the City of Bozeman which is responsible for creating and administering an historic preservation program. C. "Community 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 to the Historic Preservation Advisory Commission. ORDINANCE NO. 1180 028 Section V Establishment In order to carry out the purpose of this ordinance, an Historic Preservation Advisory Commission is hereby created. This Historic Preservation Advisory Commission shall consist of nine members, and shall consist of the following mix: I A. Three members with professional expertise in the disciplines of history, plan- ning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 representative. B. Members shall include one representative each, who shall be a resident of the general area of the neighborhood as described: (a) Cooper Park: The residential area of southwest Bozeman within the general area of Cooper Park. (b) Beall Park: The residential area of northeast Bozeman within the general area of Beall Park. (c) South Willson: The residential area of south Bozeman within the general area of South Wi IIson Avenue. C. Members shall include one representative for the following commercial neigh- borhood. This representative shall operate a business or own property in the I neighborhood as described: (a) Main Street: The commercial area of downtown Bozeman. D. Members shall include two (2) at-large representatives. Residency within the city shall not be a prerequisite for membership as an at-large representative. All Historic Preservation Advisory Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Advisory Commission members must be kept on file in the office of the Clerk of the City Commission and available during regular office hours for inspection by the public. Sect ion V I Appointment and Term Vacancy A. All appointments to the H istorie Preservation Advisory Commission shall be made in accordance with the procedures adopted by the City Commission for appoint- ments to all advisory boards and commissions. I B. Terms of offiee for the Historic Preservation Advisory Commission members shall be staggered and two (2) years in duration. For the initial terms, four (4) members of the Historic Preservation Advisory Commission shall be appointed for one (1) year terms, as follows: one (1) professional, two (2) neighborhood representatives, one (1) at-large; and five (5) members shall be appointed for two (2) ORDINANCE NO. 1180 , U27 year terms, as follows: two (2) professionals, two (2) neighborhood representatives, one (1) at-large. C. Vacancies on the Commission should be filled within sixty (60) days by appointment in accordance with the procedures adopted by the City Commission for I appointments to all advisory boards and commissions. Section VII Staff - A. The Preservation Officer for Bozeman shall act as staff to the Historic Preservation Advisory Commission. (S)he will be appointed by the Historic Preservation Advisory Commission with the concurrence of the City Commission. In addition, (s)he may be employed by the appropriate City department. B. The Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. 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 Commission, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this ordinance are carried out. I Section VIII Meetings, Notice of Meetings A. The Historic Preservation Advisory Commission shall conduct a minimum of one regularly scheduled meeting each month, except that the Chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this ordinance. Historic Preservation Advisory Commission members shall be given at least twenty-four (24) hours notice for special meetings, and at least ten (10) days written notice for regular meetings. B. Requirements for notice of meetings of the Historic Preservation Advisory Commission shall be determined by the Chairperson in consultation with the Bozeman City Attorney. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings shall be given at least seven (7) days prior to the meeting, and should be calculated to reach all interested and affected members of the community. C. The Historic Preservation Advisory Commission shall establish its own bylaws I conforming to the guidel ines set forth in the "Certified Local Government Prog ram in Montana" and make all written or taped minutes, reports and case decisions available to the public. ORDINANCE NO. 1180 U28 Sect ion I X Powers and Duties The Historic Preservation Advisory Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation Advisory Commission shall maintain this I inventory of identified districts, sites and/or structures within the City of Bozeman and make this information available to the public. B. Use the National Register of Historic Places criteria for designation of prop- erties as an historic district or site and shall apply these criteria for local designation of historic and prehistoric properties. C. Participate in the process of nominating to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, Sect ion V I, ( B ) . This includes reviewing and commenting on any National Register nominations on property within the City of Bozeman. D. Review and comment on planning programs undertaken by the City of Bozeman, Zoning Commission, City-County Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken. E. Consult with city, state and federal agencies on all applications, environ- mental assessments, environmental impact statements and other similar documents I pertaining to historic districts, landmark sites, landmarks or neighboring properties within the City of Bozeman. Comments by the Historic Preservation Advisory Commission shall be sent to the State Historic Preservation Office. F. Review the local zoning regulations for their applicability to the characteris- tics of the proposed historic districts, and make appropriate recommendations to the City Zoning Commission concerning any changes or modifications to the zoning regulations and zoning district boundaries. G. Make recommendations to the Board of Adjustment regarding variance applications within any Historic Overlay Zone which requires action by the Zoning Board. H. 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 Commission may create voluntary design guidelines which will be made available to the public for assistance in preservation projects. I I. Participate in, promote and conduct public information, educational and interpretive prog rams pertaining to historic preservation. ORDINANCE NO. 1180 U29 Sect ion X Severabillty Clause Should any section of provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a I whole or any part thereof other than the part so declared to be unconstitutional or invalid. Sect ion X I Effective Date This ordinance shal1 be in full force and effect after its passage and approval. PROVIS IONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 20th day of May 1985. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this day of , 1985. . KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I ORDINANCE NO. 1180 -.-".. U3U ORDINANCE NO. 1180 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF A BOARD TO BE KNOWN AS THE BOZEMAN HISTORIC PRESERVATION ADVISORY COMMISSION: PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF MEMBERS; PROVIDING FOR APPOINTMENT OF STAFF TO THE HISTORIC PRESERVATION ADVISORY COMMISSION AND STIPULATING DUTIES OF THE STAFF; I PROVIDING FOR SCHEDULING AND NOTICE OF MEETINGS OF THE PRES- ERVATION COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section I Purpose and Intent The purpose and intent of this ordinance is to provide for an appointed citizen commission for the City of Bozeman charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources within Bozeman. Sect ion II Object This ordinance is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric site, structures, objects, buildings and historic districts by addressing historic preservation issues at the local I level and integrating them into local, state and federal planning and decision-making processes. The historic preservation program will include the identification, evaluation and protection of historic resources within the City of Bozeman. Section III Scope The Bozeman Historic Preservation Advisory Commission shall serve in an advisory capacity to the Bozeman City Commission, Bozeman City-County Planning Board, Bozeman Zoning Commission and the Board of Adjustment. Sect ion I V Definitions A. "City Commission" means the governing body of the City of Bozeman, State of Montana. B. "Historic Preservation Advisory Commission" means the Commission created by this ordinance and appointed by the local government of the City of Bozeman which is responsible I for creating and administering a historic preservation program. C. "Community 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 to the Historic Preservation Advisory Commission. ORDINANCE NO. 1180 U3.L Section V Establishment In order to carry out the purpose of this ordinance, an Historic Preservation Advisory Commission is hereby created. All Historic Preservation Advisory Commission members shall I have a demonstrated interest, competence or knowledge in historic preservation. I n format ion on the credentials of the Historic Preservation Advisory Commission members must be kept on file in the office of the Clerk of the City Commission and available during regular office hours for inspection by the public. This Historic Preservation Advisory Commission shall consist of nine members, as follows: A. Three (3) members with professional expertise in the disciplines of history, plan- ning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 representative. B. Members shall include one (1) representative for each of the following neigh- borhoods. Each representative shall be a resident of the general area of the neighborhood as described: (1 ) Cooper Park: The residential area of southwest Bozeman within the general area of Cooper Park. (2) Beall Park: The residential area of northwest Bozeman within the I general area of Beall Park. (3) South Willson: The residential area of south Bozeman within the general area of South Willson. C. Members shall include one representative for the following commercial neighbor- hood. This representative shall operate a business or own property in the neighborhood described as Main Street: The commercial area of downtown Bozeman. D. Members shall include two (2) at-large representatives. Residency within the City shall not be a prerequisite for membership as an at-large representative. Section VI Appointment and Term Vacancy A. All appointments to the Historic Preservation Advisory Commission shall be made in accordance with the procedures adopted by the City Commission for appointments to all advisory commissions and boards. B. Terms of office for the Historic Preservation Advisory Commission members shall be staggered and two (2) years in duration. For the initial terms, four (4) members of the I Historic Preservation Advisory Commission shall be appointed for one (1) year terms, as follows: one (1) professional, two (2) neighborhood representatives, one (1) at-large; and five (5) members shall be appointed for two (2) year terms, as follows: two (2) professionals, two (2) neighborhood representatives, one (1) at-large. C. Vacancies on the Commission should be filled within sixty (60) days by appoint- ORDINANCE NO. 1180 U32 . . ment in accordance with the procedures adopted by the City Commission for appointments to all advisory commissions and boards. Section VII Staff I - A. The Preservation Officer for Bozeman shall act as staff to the Historic Preser- vation Advisory Commission. (S)he will be appointed by the Historic Preservation Commission with the concurrence of the City Commission. In addition, (s)he may be employed by the appropriate City department. B. The Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. 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 Commission ,government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this ordinance are carried out. Section VIII Meetings, Notice of Meetings A. The Historic Preservation Advisory Commission shall conduct a minimum of one I regularly scheduled meeting each month, except that the Chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this ordinance. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the Commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four (24) hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Advisory Commission shall be determined by the Chairperson in consultation with the Bozeman City Attorney. All meetings shall be open to the public In accordance with the Montana State Open Meeting Law. Notice of the meetings should be calculated to reach all interested and affected members of the community. C. The Historic Preservation Advisory Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. Section I X I Powers and Duties The Historic Preservation Advisory Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation Advisory Commission shall maintain this inventory of ORDINANCE NO. 1180 U3~~ identified districts, sites and/or structures within the City of Bozeman and make this information available to the public. B. 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 I prehistoric properties. C. Participate in the process of nominating 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 of Bozeman. D. Review and comment on planning programs undertaken by the City of Bozeman, Zoning Commission, City-County Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken. E. Consult with city, state and federal agencies on all applications, environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, landmarks or neighboring properties within the City of Bozeman. Comments by the Historic Preservation Advisory Commission shall be sent to the State Historic Preservation Office. F. Review the local zoning regulations for their applicability to the characteristics of I the proposed historic districts, and make appropriate recommendations to the City Zoning Commission concerning any changes or modifications to the zoning regulations and zoning district boundaries. G. Make recommendations to the Board of Adjustment regarding variance applications within any Historic Overlay Zone which requires action by the Zoning Board. H. 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 Commission may crate voluntary design guidelines which will be made available to the public for assistance in preservation projects. I . Participate in, promote and conduct public information, educational and inter- pretive programs pertaining to historic preservation. Sect ion X Severability Clause Should any section of provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a I whole or any part thereof other than the part so declared to be unconstitutional or invalid. ORDINANCE NO. 1180 034 PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this day of , 1985. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN I Clerk of the Commission FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 1st day of July 1985, and effective thirty (30) days after said date. KENNETH L. WEAVER, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) I County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1180 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 5th day of July 1985, and said proof of such publication is on file in my office. I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 16th day of July 1985. Clerk of the City Commission I ORDINANCE NO. 1180