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HomeMy WebLinkAboutDemolition Ordinance Delta Draft - public review 8-4-2016_new numbering Ord XXX Page 1 of 15 (Unified Development Code revision element 2C, Maintenance and Demolition of Historic Properties) DESCRIPTION: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING MULTIPLE SECTIONS OF THE BOZEMAN MUNICIPAL CODE INCLUDING CHAPTER 10, BUILDINGS AND BUILDING REGULATIONS; ARTICLE 16.02, PUBLIC NUISANCES; AND DIVISION 38.34016, OVERLAY DISTRICT PROVISIONS TO ADDRESS IDENTIFICATION, MAINTENANCE AND DEMOLITION OF HISTORIC PROPERTIES. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, it is in the City’s best interest to preserve the fabric of the City and character of City neighborhoods; to have well maintained historic properties; and to prevent intentional and unintentional damage to historic properties through neglect; and WHEREAS, historic preservation is identified in Chapter 5 of the Bozeman Community Plan as an important element of community character and heritage, and the Bozeman Community Plan encourages the protection of historically and culturally significant resources. WHEREAS, the “Neighborhood Conservation Overlay District” (NCOD), Chapter 38.16, was established in 1991 to conserve and protect neighborhood character; and WHEREAS, the NCOD uses the Certificate of Appropriateness (COA) process to review development of properties in the NCOD applying general guidelines for the protection of neighborhood character and targeted recommendations for historic properties; and WHEREAS, historic properties are not necessarily limited to the geographical boundaries of the NCOD; and WHEREAS, the Bozeman Municipal Code does not specifically define “historic property”, lessening certainty in identifying which properties are subject to the historic preservation provisions of the; and WHEREAS, adoption of a definition based on a property’s eligibility for listing on the National Register of Historic Places is consistent with the best management practices adopted by UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 2 of 15 other state and federal government agencies such as the Montana Department of Transportation and the Army Corps of Engineers; and WHEREAS, the City’s nuisance code, Chapter 16, and adopted technical codes (Building Codes), Chapter 10, are used to address properties and structures that have fallen into such disrepair that they pose a risk to the public health and safety. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City’s experience with historic preservation shows that the adoption of a specific definition of “historic” will create a knowable and predictable classification of properties. 2. A specific definition of “historic” provides the opportunity to protect properties eligible for listing throughout the City (not limited to the NCOD). 3. A specific definition of “historic” enables the historic preservation program to more readily keep pace with changes in the community and reduce unintentional omissions. 4. A specific definition of “historic” creates a dynamic program which enables an evolving, growing community to recognize properties which are eligible for designation as historic. 5. The historic preservation goals in the City’s Community Plan will be promoted by maintaining historic properties in safe condition and good repair, preventing intentional and unintentional neglect of historic properties, and ensuring that historic properties be maintained as weather tight and secure. 6. The City Commission intends to be proactive and to discourage properties reaching the point that triggers action through either the nuisance code or adopted technical codes (Building Codes) by being neglected to the point of being unsafe. 7. The City’s involvement with homeowners and neighborhood groups to educate, assist and facilitate, and encourage collaborative approaches involving individuals, government, and the private sector to address neglected properties will promote the historic preservation goals in the Community Plan. 8. It is in the Bozeman community’s best interest for the City to deter speculative demolition of structures, which creates gaps in the neighborhood fabric, and diminishes the tax revenue stream, which reduces the City’s ability to provide services and infrastructure improvements to the area. In addition, vacant lots diminish the value of adjoining residences and create uncertainty for neighborhoods. The cost to maintain the street and deliver infrastructure to the property is the same while the tax revenue is diminished UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 3 of 15 9. It is in the Bozeman community’s best interest to reduce the use of City resources by coordinating the provisions of the City’s nuisance code, adopted building codes, and zoning code. Section 2 That the Bozeman Municipal Code be amended by revising the Building Moving Code, Section 10.03.110.A as follows with the remainder of the section to remain unaltered: Sec. 10.03.110. - Same—Issuance restrictions and moving conditions. A. The following restrictions and conditions shall be observed before the issuance of a permit as required by this article: 1. No permit shall be issued to any person, firm or corporation to move or relocate any building or structure upon another building site unless such use, building or proposed conversion thereof conforms to Chapter 38, (Zoning) to include when applicable the final approval by the review authority specified in 38.200.010, of a Certificate Of Appropriateness, 10.02.030, (the International Building Code), 10.02.040, (the International Residential Code), 10.02.050 (the International Existing Building code) and all other pertinent portions of this Code. 2. No permit shall be issued to any person, firm or corporation to move, remove or locate any building or structure which is: a. So constructed or in such condition as to be dangerous or unsafe; b. Infested with pests or is otherwise unsanitary; c. Or, if a dwelling or habitation, is unfit for human habitation; d. Or is so dilapidated, defective or in such a condition of deterioration or disrepair that its relocation at the proposed site would create a safety or health hazard, or would cause substantial damage or material detriment to the property in the immediate vicinity of the proposed site. 3. Every application shall be accompanied by the written consent of the deputy police chief and deputy fire chief – operations fire department, who shall be notified as to the route to be taken and the date of the move. 4. The department of public works building division shall specify in the permit the route to be taken in the moving of a building or structure, such means to be used to prevent the street pavement from being subjected to abnormal stresses as may be deemed necessary by the city engineer, and the limit of time which such building or structure shall be upon the streets or alleys. 5. No circuit or box of the city fire alarm shall be disturbed in any manner except with the permission of the deputy fire department chief - operations. 6. No building or structure which is being moved upon or over any street, alley or property of the city shall be occupied as living quarters while such building or structure is in transit. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 4 of 15 7. No permit as required by this article shall be issued unless the applicant demonstrates that the applicant has adequate machinery, appliances and equipment to safely complete the proposed move. Section 3 That the Bozeman Municipal Code be amended by adding Section 10.04.050.A.3 to the Demolition Code to read as follows with the remainder of the section to remain unaltered: Sec. 10.04.050. - Same—Issuance restrictions. A. The following restrictions and conditions shall be observed before the issuance of a permit as required by this article: 1. No permit shall be issued to any person, firm or corporation to demolish any building or structure while any part thereof is occupied. 2. No permit as required by this article shall be issued unless the applicant demonstrates that the applicant has adequate machinery, appliances, and equipment to safely complete the proposed demolition and disposal. 3. No permit shall be issued to any person, firm or corporation to demolish any building or structure unless such demolition thereof conforms to chapter 38 to include when applicable the final approval by the review authority specified in 38.200.010, of a Certificate of Appropriateness, the provisions of this article, and this code. Section 4 That Section 16.02.030 of the Bozeman Municipal Code be amended as follows: Article 2. – NUISANCES Sec. 16.02.030. - Responsibility for maintenance. A. Every owner, occupant, lessee or holder of any possessory interest of real property within the city is required to maintain such property so as not to violate the provisions of this article. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. B. Every owner of property within the city must maintain such property to ensure the safe condition of the property, in a weather tight condition, and secure from unauthorized entry. Section 5 That the Bozeman Municipal Code be amended by adding new definitions in Section 16.02.040 as follows: UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 5 of 15 Sec. 16.02.040. - Definitions. A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Abatement" means the removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it. 2. "Owner" means the owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation. 3. "Property" means any real property, premises, structure or location on which a public nuisance is alleged to exist. 4. "Public nuisance" means any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars: a. By reason of being a menace, threat and/or hazard to the general health and safety of the community. b. By reason of being a fire hazard. c. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property. d. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists. The term "public nuisance" shall mean any nuisance designated in section 16.02.050. 5. “Safe condition” means a condition not involving or likely to involve danger, harm or loss from fire and other hazards. 6. "Summary abatement" means abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair, or other acts without notice to the owner, agent, or occupant of the property except for the notice required by this article. Section 6 That Division 38.340 of the Bozeman Municipal Code, Overlay District Provisions, be amended by adding Section 38.340.010.G to read as follows with the remainder of the section to remain as written: UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 6 of 15 G. It is further the purpose of this article to protect historic structures as defined in 38.700.090 by requiring any person seeking to demolish or move a historic structure to comply with 38.230.080 whether or not the structure is located within the NCOD. Section 7 That Section 38.340.080 of the Bozeman Municipal Code be amended as follows: Sec. 38.340.080. - Review of demolition or movement of structures or sites within the conservation district. A. The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this article and section. The review procedures and criteria for the demolition or movement of any structure or site within the conservation district are as follows: 1. Applications for the demolition or movement of structures within the conservation district will not be accepted without a complete submittal for the subsequent development or treatment of the site after the demolition or movement has occurred. The subsequent development or treatment must be approved before a demolition or moving permit may be issued. 2. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as intrusive or neutral elements by the state historical and architectural inventory, and that are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to review per articles 19 and 34 of this chapter, and the standards outlined in 38.16.050. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by a qualified professional acceptable to the state historic preservation office to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with the larger project when demolition or movement is proposed in conjunction with a deviation, variance, conditional use permit or planned unit development application. 3. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the state historical and architectural inventory, and all properties within historic districts and all landmarks, shall be subject to public notice. Notice shall be provided in accordance with article 40 of this chapter. Prior to any final action on the application the review authority shall receive a recommendation from the historic preservation office; and if the demolition does not conform to the criteria below a recommendation from the historic preservation advisory board. The state historical and architectural inventory form shall be reviewed and, if necessary, updated by a qualified professional acceptable to the state historic preservation office to reflect current conditions on the site prior to the review of the demolition or movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with the larger project when demolition or movement is proposed in conjunction with a deviation, variance, site plan, UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 7 of 15 conditional use permit or planned unit development application. The review authority shall base its decision on the following: a. The standards in 38.16.050 and the architectural, social, cultural and historical importance of the structure or site and their relationship to the district as determined by the state historic preservation office and the planning department. b. If the review authority finds that the criteria of this section are not satisfied, then, before approving an application to demolish or remove, the review authority must find that at least one of the following factors apply based on definitive evidence supplied by the applicant, including structural analysis and cost estimates indicating the costs of repair and/or rehabilitation versus the costs of demolition and redevelopment: (1) The structure or site is a threat to public health or safety, and that no reasonable repairs or alterations will remove such threat; any costs associated with the removal of health or safety threats must exceed the value of the structure. (2) The structure or site has no viable economic or useful life remaining. 4. If an application for demolition or moving is denied, issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the final decision in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of subsection 2 or 3 of this section. 5. All structures or sites approved for demolition or moving shall be fully documented in a manner acceptable to the historic preservation planner and administrative design review staff prior to the issuance of demolition or moving permits. 6. In addition to the remedies in article 34 of this chapter, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations A. The demolition or movement of any structure or site shall be subject to the provisions of this division. This process applies to: 1. Historic properties, as defined in 38.700.090, per 38.340.090. 2. Non-historic properties per 38.340.100. 3. Unsafe structures whether historic or non-historic per 38.340.110. The provisions for unsafe structures take priority over other provisions for demolition. B. An application to move or demolish a structure subject to this article must follow the applicable review procedures. C. Optional provisional review of demolition. A property owner may request provisional review of the proposed demolition of a structure subject to this article prior to submittal of a certificate of appropriateness application for seeking demolition of the structure. The director of community development may establish criteria for the application for provisional review of UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 8 of 15 demolition. Provisional review is advisory only and does not constitute approval to demolish a structure. Provisional review shall consider: a. The property’s historic significance. b. Whether the structure has no viable economic life remaining. “No viable economic life remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, exceed the costs of demolition and redevelopment. Illustrative summary graphic will be developed and inserted appropriately – table is not regulatory, intended to provide handy cross reference. We will update the table after the text is finalized. Section 8 That the Bozeman Municipal Code be amended by adding a new section to read as follows: Sec. 38.340.090. - Demolition or movement of a historic structure or site. A. COA for demolition and subsequent development. Approval of the proposed subsequent development is required for all historic buildings and structures proposed for demolition and for the proposed movement of any building or structure or site. B. Public Notice. Proposals for demolition of historic properties within the city limits require public notice. Notice of application(s) shall be provided in accordance with division 38.220 of this chapter. C. Criteria. The reviewing authority will consider the following factors in evaluating applications for demolition or movement of a historic structure or site and subsequent redevelopment: 1. The property’s historic significance. 2. Whether the structure has no viable economic life remaining. “No viable economic life remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, exceed the costs of demolition and redevelopment to minimum standards with a building of the same type and scale. 3. Whether the subsequent development complies with 38.340.050. 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). D. Review process. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 9 of 15 1. Upon application for a COA for demolition and subsequent development the review authority may: a. Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions. b. Deny the Certificate of Appropriateness application. 2. COA decision alternatives. a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority shall approve the COA for demolition and subsequent development. b. Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the Review Authority shall approve the COA for demolition and subsequent development. c. COA denial due to the failure of the applicant to make a complete and adequate submittal or propose a subsequent treatment which complies with the standards of this chapter does not initiate the two-year stay. 3. If an application for demolition or moving is denied due to failure to meet 38.340.090.C issuance of a demolition or moving permit shall be stayed for a period of two years from the date of the denial in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The two-year stay may be terminated at any point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of this section. a. Early termination of two-year stay. An owner of property subject to a stay under this section may seek early termination of the stay if the owner demonstrates it has actively and in good faith sought alternatives to demolition. These alternatives may include but are not limited to: listing the property for sale as a historic property; actively seeking input from neighborhood groups and interested parties; explored alternative funding sources for stabilization and/or reconstruction; and offering the property for relocation. b. If, upon expiration of the two-year stay of demolition, no alternate proposals have been approved or sufficient evidence has not been presented to otherwise terminate the stay, an application for a demolition permit may be presented to the city pursuant to chapter 10, article 3 or 4 of this Code. If all requirements of the demolition permit are satisfied, including documentation of the structure to be moved or demolished and the review authority has approved the subsequent development and a building permit issued for the subsequent development, a demolition permit pursuant to chapter 10 article 3 or 4 shall be granted and no other proceedings under this chapter are required. 4. Standard Requirements. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 10 of 15 a. Subsequent development of the site must receive zoning approval, building permit approval, and pay all related fees prior to issuance of a demolition permit. b. Documentation of the structure shall be completed and submitted to the historic preservation officer and deemed complete and adequate prior to issuance of a demolition permit per paragraph 38.340.120. Section 9 That the Bozeman Municipal Code be amended by creating a new section to read as follows: Sec. 38.340.100. - Demolition or movement of a non-historic structure or site in the NCOD A. COA for demolition and subsequent development. Required for all properties proposed for demolition or movement of any structure or site. Subsequent development does not include proposals which leave the site without building(s) or structure(s). B. Public Notice. Notice shall be provided in accordance with division 38.220. C. Criteria. 1.The applicable criteria are the COA criteria of 38.340.050. 2. The subsequent development must include construction of new building(s) unless the immediately prior character of the area did not include buildings. D. Review process. 1. Upon application for a COA for demolition and subsequent development the review authority may: a. Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions. b. Deny the Certificate of Appropriateness application. 2. COA decision alternatives. a. Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority shall approve the COA for demolition and subsequent development. b. Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the Review Authority shall approve the COA for demolition and subsequent development. 3. Standard Requirements. a. Subsequent development of the site must receive zoning approval, building permit approval, and pay all related fees prior to issuance of a demolition permit. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 11 of 15 Section 10 That the Bozeman Municipal Code be amended by adding a new section to read as follows: Sec. 38.340.110. - Demolition or movement of an unsafe structure whether historic or non-historic A COA for demolition and subsequent development. Upon application and the chief building official’s determination that the property is unsafe the review authority may approve demolition and subsequent development. Subsequent development for an unsafe structure may be its replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where storm water runoff and weeds are controlled. B. Public Notice. Notice shall be provided in accordance with article 40 of this chapter. C. The demolition of unsafe properties / structures may be subject to the public nuisance abatement provisions of Chapter 16, article 2 of this Code. Upon the chief building official’s determination that the property is unsafe and declaration of a public nuisance if the property owner does not resolve the unsafe condition, the review authority shall give final approval on a COA, which may be initiated by the city, and the demolition permit will be issued so the city may abate a nuisance. D. The provisions of this section may be initiated by a land owner; or by the city in accordance with article 16.02. Section 11 That the Bozeman Municipal Code be amended by adding a new section to read as follows: Sec. 38.340.120. - Documentation and administrative procedures. A. Documentation. All structures or sites approved for demolition or moving shall be fully documented. 1. The director of community development shall establish by administrative order rules for documentation of non-historic and historic properties. This documentation shall be created by a professional who satisfies professional qualification standards for History, Archeology or Architectural History, as established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61. 2. Documentation may be submitted as early in the process as the property owner desires to support the requested action, and to further the consideration and review of the request, but not later than prior to issuance of a building permit. B. A building permit application, in accordance with applicable codes and requirements, shall be submitted and approved before any demolition or construction. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 12 of 15 C. All fees and charges applicable to review of the request for demolition and construction of the subsequent development (e.g. park land, water rights, impact fees) shall be paid prior to issuance of a building or demolition permit. 1. When required by the city, this will include a financial security in a form approved by the city attorney ensuring completion of the demolition and reclamation of the site to a safe condition. D. In addition to the remedies in division 38.220, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move, and in conformance with all applicable codes and regulations. Section 12 That the Bozeman Municipal Code be amended by adding Section 38.340.130 to read as follows: Sec. 38.340.130. - Safe condition and good repair. Each property/structure identified as contributing, potentially eligible, or landmark by the most recent cultural resources survey verified by the Montana State Historic Preservation Office shall be maintained in safe condition and good repair as required in 16.02.030 and 16.02.040. Nothing in this article shall be construed to prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a building permit. Interior arrangements or alternations to the interior of a building shall not be subject to this requirement. Section 13 That the Bozeman Municipal Code be amended by adding Section 38.230.080.C as follows: Sec. 38.230.080. Certificates of appropriateness—Additional review procedures and review criteria. A. Sign proposals which do not specifically conform to the requirements of this chapter. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this chapter, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the design objective plan, encompassing the property's location shall be provided. B. Review procedures and criteria for certificates of appropriateness. 1. Certificates of appropriateness shall be issued according to procedures and criteria specified in divisions 38.340, 38.430, and 38.200, in addition to this chapter. 2. Sign proposals which specifically conform to the requirements of this chapter shall be reviewed according to procedures and criteria outlined in division 38.560. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 13 of 15 C. Demolition or movement of historic properties, structures or sites, located outside of the Neighborhood Conservation Overlay District. 1. Demolition or movement of historic properties, structures or sites, located outside of the Neighborhood Conservation Overlay District shall be reviewed according to procedures and criteria outlined in 38.340.080. 2. Certificates of appropriateness shall be issued according to procedures and criteria specified in divisions 38.220, 38.340, 38.430 as applicable, in addition to this article. Section 14 That the Bozeman Municipal Code be amended by revising Sections 38.220.030, Table 38.220.030, footnote 4 to read as follows: 4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in 38.700.090, contributing structures in the neighborhood conservation overlay district, or modification of wetlands. Section 15 That Section 38.220.090 of the Bozeman Municipal Code be amended as follows: Sec. 38.220.090. - Certificates of appropriateness; additional application requirements, review procedures and review criteria. A. Submittal requirements for certificates of appropriateness. All development proposals requiring certificates of appropriateness (i.e.e.g., located in a neighborhood conservation or entryway corridor overlay districts or historic property/structure) shall submit the following information in addition to any sketch plan, site plan or special development submittal requirements for the proposal: 1. Neighborhood conservation overlay district and historic property/structures. Certain information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the planning department; b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should be submitted and all pictures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; c. Sketch plan or site plan information, as per 38.230.050 or 38.230.060 UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 14 of 15 d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; e. Materials and color schemes to be used; f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; g. A schedule of planned actions that will lead to the completed alterations; h. Such other information as may be suggested by the planning department; i. It is further suggested that the applicant seek comments from the neighborhood or area; and j. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community;. k. An illustration showing all internal and external elements of a structure to be removed or altered by a project. All elements to be removed or altered, and to what extent, shall be clearly identified and shall include those elements to be removed and reinstalled; l. If demolition of a historic structure, as defined in 38.700.090, is proposed a structural analysis and cost estimates indicating the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in Article 10.02, versus the costs of demolition and redevelopment. Analysis shall include cost estimates from more than one general contractor for the work. The cost comparison is between the cost to rehabilitate the structure to a condition which meets the building code standard for occupancy and demolition and construction of a new structure of similar size and use to building code standards.; m. If a building is claimed to be unsafe evidence to support that claim; and n. For any non-conforming structure, an analysis of demolition to determine whether the threshold for loss of protected non-conforming status per 38.270.040.B has been met or surpassed. 2. Entryway overlay district. a. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this article. b. If the proposal includes an application for a deviation as outlined in 38.250.050, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the review authority to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of article 17 of this chapter. Section 16 That the Bozeman Municipal Code be amended by creating a new definition, Section 38.700.090to read as follows: Sec. 38.700.090. Historic property / structure. UDC Revision Reference 2C, Revisions to Chapters 10, 16, and 38 Regarding Demolition Page 15 of 15 Any site, building or structure that is: 1) listed in the State or National Register of Historic Places; or 2) designated as a historic property under local or state designation law or survey; or 3) certified as a contributing resource within a National Register listed or locally designated historic district; or 4) certified that the property is eligible to be listed on the National or State Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places. Section 17 The city manager or designee must work with property owners to identify historic properties no longer maintained in safe condition and good repair. The city, enlisting the assistance of applicable departments, must work to educate property owners about neglected properties; inform them about assistance available; and facilitate connections between the private or nonprofit sector in the attempt to ensure properties are maintained in safe condition and good repair pursuant to this section.