HomeMy WebLinkAboutHPAB Packet 9.2016
MEMORANDUM
TO: Historic Preservation Advisory Board
FROM: Chris Saunders, Interim Director
SUBJECT: Maintenance and Demolition of Historic Properties
DATE: September 2, 2016
Maintenance & Demolition of Historic Properties – Reference No. 2C The city has received considerable comment on our regulations dealing with modification and demolition of historic structures. This has been a long standing issue that addresses
many structures. Overly restrictive regulations may inhibit desired redevelopment or
removal of unsafe structures. Overly permissive regulations may allow the loss of important elements of Bozeman’s unique character. The draft text seeks a balance of these two issues by creating a clear definition of what is historic and distinguishing how
historic, non-historic, and unsafe buildings are addressed. The text is organized by the
sequence in which it appears in the current municipal code.
This text amendment is being processed as part of the overall Unified Development Code update. It is expected to be completed in spring of 2017. Two copies of the text are
provided. They contain the same standards. The difference is that one contains the section
numbering of the code which is presently active and one contains the section numbering
of the new UDC format. They are both provided to help people understand how the code will be transitioning in format and organization.
Summary of changes and issues.
1) Legislative findings describing why the City Commission adopted these changes.
2) Clean up in the building codes, Chapter 10, of the municipal code to fix references and assign correct staff responsibilities for certain duties.
3) Coordinate with Chapter 38, UDC that all zoning review is needed prior to
issuance of a building permit for demolition of a building.
4) Coordination with Chapter 16, Environment and Health to clarify that structures
must be kept safe.
5) Define what safe means for section 4 above.
6) Amend 38.16, Neighborhood Conservation Overlay to establish the protection of
historic structures as one of its purposes and coordinating with procedures for
demolition.
7) Replace the procedures for demolition. This section currently puts buildings of all historic status into the same section. The proposed language separates them for clarity and adds cross-references as needed. The section also creates a
consultation process where an owner of property can get a preliminary
determination of whether a building can be removed. This early indication enables
lower risk as private parties don’t have to provide full applications for subsequent development before finding out if the building can be removed. Architectural plans can be quite expensive.
8) Establish procedures to demolish a historic structure. Retains same review criteria
as presently in place. Provides a clearer path through the review and greater
explanation of how the existing stay of demolition is applied. This section codifies existing City Commission direction. Before demolition can begin, the permit for the replacement structure must be issued.
9) Addresses how to demolish a non-historic structure. Retains same review criteria
as presently in place. Has a lesser standard of review. Provides a clearer path
through the review. This section codifies existing City Commission direction. Before demolition can begin, the permit for the replacement structure must be issued.
10) Gives specific procedures for demolition of unsafe structures. This is new text not
currently existing. An expedited process is provided and criteria are simpler.
Coordinates with the nuisance provisions in Chapter 16, Environment and Health, BMC.
11) Provides clarity of what level of documentation may be required in association
with demolition. The required matrix has not yet been created. It is expected to be
created when the City hires its new historic preservation officer this fall.
12) Specifically addresses duty to protect historic structures. Cross links with the general maintenance obligations of all property owners. Clarifies that standard maintenance and interior renovations are excluded from this standard.
13) Amends the zoning plan review article 38.19 to address when a COA is required
to demolish a historic building. This expands the scope of the COA process. This
is prospective language. There are no provisions to execute this at this time.
14) Clarify noticing language for applications to demolish historic structures.
15) Expand application materials for demolitions to make clear the scope of the
proposed work and supporting material to evaluate whether the criteria for
demolition have been met.
16) Create a specific definition of what property is to be considered historic. Mere age alone is not enough. There are well defined national standards for evaluation of properties to determine if historic integrity still is intact. This definition requires a
substantial process of fact collection and evaluation prior to determining a
property to be historic. The National Park Service publishes the standards. The
process can be found at https://www.nps.gov/nr/publications/bulletins/nrb15/. The federal law can be found at https://www.nps.gov/nr/regulations.htm.
17) This section is not regulatory but gives direction for staff to pursue education and
outreach with property owners.
A copy of the memo on this topic presented to the City Commission for a work session in
July 2014 is attached. The text as drafted follows the direction given at that work session.
A copy of the minutes of the meeting are also attached.
The City Commission will be considering the revised text on September 26, 2016. Comments in writing and verbally from all interested parties are welcome.
Ord XXX
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(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 ARTICLE 38.16,
NEIGHBORHOOD CONSERVATON OVERLAY DISTRICT 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
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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
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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 38.34.010, 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.
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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 38.34.010, 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:
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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 Chapter 38, Article 16 the Bozeman Municipal Code, Neighborhood Conservation Overlay District, be amended by adding Section 38.16.010.G to read as follows with the remainder of the section to remain as written:
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G. It is further the purpose of this article to protect historic structures as defined in 38.42.1365 by requiring any person seeking to demolish or move a historic structure to comply with 38.19.080 whether or not the structure is located within the NCOD.
Section 7
That Section 38.16.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.16.080. - 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,
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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 article. This process applies to:
1. Historic properties, as defined in 38.42.1365, per 38.16.090. 2. Non-historic properties per 38.16.100.
3. Unsafe structures whether historic or non-historic per 38.16.110. 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
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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. 38.16.090. - 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 article 40 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 38.16.050.
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.
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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 38.16.090.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 Chpt. 10 article 3 or 4 shall be granted and no other proceedings under this chapter are required.
4. Standard Requirements.
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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 38.16.120.
Section 9
That the Bozeman Municipal Code be amended by creating a new section to read as follows:
Sec. 38.16.100. - 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 article 40 of this chapter.
C. Criteria.
1.The applicable criteria are the COA criteria of 38.16.050.
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.
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Section 10
That the Bozeman Municipal Code be amended by adding a new section to read as follows: Sec. 38.16.110. - 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. 38.16.120. - 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.
Commented [CHK1]: The matrix would recognize the varying levels of documentation, from new Property Record Forms to HABS II documentation.
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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 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.
Section 12
That the Bozeman Municipal Code be amended by adding Section 38.16.130 to read as
follows:
Sec. 38.16.130. - 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 38.19.080.C as follows:
Sec. 38.19.080. 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 articles 16, 17, 20 and 33, 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 article 28 of this chapter.
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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 38.16.080.
2. Certificates of appropriateness shall be issued according to procedures and criteria specified in articles 16, 17, 20, 34 and 41 as applicable, in addition to this article.
Section 14
That the Bozeman Municipal Code be amended by revising Sections 38.40.030, Table
38.40.030, footnote 4 to read as follows:
4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition
of historic structures as defined in 38.42.1365, contributing structures in the neighborhood
conservation overlay district, or modification of wetlands.
Section 15
That Section 38.41.090 of the Bozeman Municipal Code be amended as follows:
Sec. 38.41.090. - 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 38.19.050 or 38.19.060
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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 38.42.1365, 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 38.32.040.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 38.35.050, 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
38.42.1365 to read as follows:
Sec. 38.42.1365. Historic property / structure.
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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.
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
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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
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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.
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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:
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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:
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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,
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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
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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.
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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.
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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.
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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.
1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Director of Community Development Anna Saverud and Greg Sullivan, City Attorney’s Office
SUBJECT: Obligation to Maintain Historic Properties and Demolition of Historic
Properties MEETING DATE: July 14, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION : The City Commission direct Staff to return to the Commission with revisions to the Bozeman
Municipal Code which address:
Issue 1: Define “Historic Property/ Structure” ............................................................................... 3
Issue 2: Requiring affirmative maintenance and repair of historic properties ................................ 8
Issue 3: Timing of demolition and redevelopment permits .......................................................... 13
Issue 4: Clarify the two year stay of demolition ........................................................................... 16
Defining “historic property” was not requested of Staff by the Commission. Staff finds that
creating such a definition is necessary to clarify what properties are subject to the provisions for affirmative maintenance and demolition permitting.
SUGGESTED MOTION:
1. I move to direct staff to bring forward a Municipal Code text amendment that reflects
proposed definition two; defining “historic property” as any property eligible for listing
on the National Register of Historic Places.
2. I move to direct staff to bring forward a Municipal Code text amendment that enacts
recommended Step 1 and Step 2 for addressing affirmative maintenance of historic
properties.
3. I move to direct staff to bring forward a Municipal Code text amendment that modifies
the process for demolition of structures in the NCOD as recommended in Option 1,
Option 2, Option 3 and Option 4.
4. I move to direct staff to bring forward a Municipal Code text amendment that clarifies
the language about the two year stay of demolition as recommended in Step 1.
2
EXECUTIVE SUMMARY: The City Commission directed staff to develop a program or
policy to address the neglect and subsequent deterioration of historic properties. This memo
contains a series of options from which the Commission will be able to review and recommend further development of City policy to address owner maintenance of historic properties.
The foundation of the program is the establishment of a definition of “historic property”. The
three definitions offered range from the narrowest to the broadest. Staff recommends definition
two which is a definition of historic property based on a community wide shared commitment to historic structures and an obligation to maintain a current inventory of historic properties located throughout the community.
The staff offers two code options requiring maintenance of historic properties. The first
establishes a legal requirement to maintain historic properties. The second option is an enhancement of option one and requires owner maintenance and commits the city to assisting owners through outreach and education.
To address the timing of demolition of historic structures, Staff offers the City Commission a
series of recommended amendments to the Bozeman Municipal Code (BMC) to clarify the process timeline for City approval of demolition permits and approval of the development of the cleared site. The recommended approach is based on City Commission direction/action taken on
approved projects. The recommendations are:
• Adopt definition of subsequent development;
• Amend process to allow determination of viability and preliminary denial/approval of
demolition permit;
• Specify standard process requiring payment of fees and securing zoning and building
approval of replacement development; and
• Outline process for demolition of unsafe structures.
Finally, Staff recommends the City Commission amend the BMC to clarify the process at the conclusion of a Commission approved two year stay of demolition of a historic property.
This memo was presented to the Bozeman Historic Preservation Advisory Board and the input of
the board is shown in italics throughout this document. ALTERNATIVES: As identified within each section.
FISCAL EFFECTS: Dependent upon Commission direction from this discussion, a variable
amount of legal and community development staff time and resources to draft municipal code language. In the future, based on full implementation of the proposed BMC changes, staff time from police, legal and community development will be needed to address cases.
APPENDIX:
Appendix A: Statistics for the 1984 Montana Historical and Architectural Inventory and Certificate of Appropriateness Applications
Appendix B: Map of the Neighborhood Conservation Overlay District
Appendix C: How other government agencies define historic properties
Appendix D: Statistics on properties built before 1965 in Bozeman
Appendix E: Montana Cities, comparison of the two year stay of demolition
3
Appendix F: March 27, 2014 Historic Preservation Advisory Board Minutes
Appendix G: The Steps to Identifying and Listing Historic Properties, including key phrases
Appendix H: Proposed timing for issuance of a demolition permit
Report compiled on: July 7, 2014
Issue 1: Define “Historic Property/ Structure”
Creating a definition of “historic property or structure” is important because it clarifies which
properties will be subject to historic preservation provisions like affirmative maintenance or the
demolition process. An adopted definition will replace terms used in the Bozeman Municipal
Code (BMC) which are no longer used by cultural resource professionals to classify properties as
“historic” or “non-historic.” Adoption of a definition will create clarity for property owners in
addition to providing a foundation upon which to evaluate development applications.
Staff has provided the Commission with three approaches to defining “historic property or
structure.” They are listed from the narrowest definition to the broadest definition. A definition
may include more than one of the following options, which are not mutually exclusive.
Staff’s recommended solution
Staff recommends definition two, which enables a continually evolving historic preservation
program based upon ongoing survey work created by professional architectural historians. This
definition provides property owners with a predictable understanding of what is defined as a
historic property/structure.
On March 27, 2014, the Bozeman Historic Preservation Advisory Board motioned and voted to
support a definition that is consistent with Definition Three, as modified as follows: “A proposal
to require any property over 50 years of age or more to be evaluated prior to demolition for its
eligibility to the National Register of Historic Places or its potential contributing status in a
National Register Historic District.” The BHPAB’s minutes are included in Appendix F.
Why the current approach is no longer effective
The BMC does not specifically define “historic property.” Creating a definition of “historic
property” would clarify which properties are subject to the historic preservation provisions of the
Municipal Code.
The City currently uses the 1984 Montana Historical and Architectural Inventory (Inventory) to
identify historic properties. This Inventory identified potentially historic properties as
“landmarks,” or “contributing.” Properties unlikely to be eligible for listing on the National
Register were identified as “neutral,” “non-contributing” or “intrusive.” Many “contributing”
properties became part of a historic district, while others were not included in a historic district.
In 2007 the Department of Planning and Community Development commissioned an evaluation
of the Inventory’s continued usefulness. Completed in early 2008 by Renewable Technologies,
Inc., a professional cultural resource management firm located in Butte, MT, the evaluation
found that:
4
“…the existing inventory data has become too dated to be an effective
reference tool for city planners,” and “many additional Bozeman buildings
have reached an age where their potential historic significance must be
considered.” The report recommended “that the City of Bozeman undertake a
comprehensive re-evaluation of the historic buildings within its jurisdiction.
Such a project, which ideally would be implemented as a phased, multi-year
effort, would incrementally update the existing inventory data and expand it to
meet current professional standards.
A digital copy of the evaluation of the Inventory is available on the City’s record management
system, Laserfische, here.
The Bozeman Historic Preservation Advisory Board discussed the deficiencies of the 1984
Inventory during their March 27, 2014 meeting. Minutes of the meeting are available in
Appendix F. Specific comments included recommending that the City Commission entirely
disregard the 1984 Inventory. Board members also expressed concern that the 1984 Inventory,
which wasn’t completed to the professional standards of its time, could expose the City of
Bozeman to legal liability.
Established in 1991 to conserve neighborhood character “The Neighborhood Conservation
Overlay District” (NCOD) is now found in Chapter 38.16, BMC. The program uses the
Certificate of Appropriateness (COA) process to apply provisions for historic properties. The
Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District includes more general guidelines for the protection of neighborhood character.
The Design Guidelines also include targeted recommendations for historic properties. The
NCOD encompasses 2,270 properties in addition to those individually listed on the National
Register or within an established District (See appendix A for Inventory data about properties in
the NCOD).
All properties in the NCOD are subject to the same Certificate of Appropriateness criteria, found
in Sec. 38.16.050, BMC. The NCOD uses the property classification found in the 1984 Inventory
to delineate different processes and criteria for demolition of properties within the NCOD. The
NCOD requires that all “contributing” structures go through the same process for demolition.
(Please see Appendix B for a map of the NCOD and historic districts).
5
Options for definitions for “historic property/ structure”:
Definition One: Properties listed on a historic registry or landmark list
Draft definition:
A property, site or structure recognized as historic through inclusion
within a district listed on a national, state or local register of historic places or by any type of individual landmark designation recognized by the City of Bozeman.
Advantages
1. There is a defined list of properties already listed on the National
Register of Historic Places. All property owners have to agree with the
nomination to the National Register before the listing can proceed.
2. Leaves the door open to establishment of a local landmark or local
historic district program.
3. Provides predictability for property owners as these are geographic locations which may be readily mapped and made available to the
public.
Potential
consequences
1. Does not protect properties currently identified as “potentially
eligible” that are located outside of a Historic District and are not
historically significant enough for an individual listing on the National Register.
2. The lack of funding for ongoing cultural resource survey work could
lead to a static program.
3. Creates a disincentive for listing a property on a National or Local
Register, or in a Landmark program as becoming a listed property
subjects it to additional regulation.
City actions to execute this option
1. Adopt a definition for "historic property".
2. Adopt a resolution which specifies which types of landmark
designation are recognized by the City of Bozeman.
Number of
properties affected
Total number of
properties affected 698
Individually listed 51
Included in a District 647
Related Discussion
Definition one is not preferred by Staff or the HPAB because it could create a disincentive for
listing properties on the National Register, which is intended as an honorary program.
6
Definition Two: Properties eligible for listing (Staff’s recommended definition)
Draft definition:
A property, site or structure identified as “contributing,” “potentially eligible,” or
“landmark” by the most recent cultural resources survey verified by the Montana
State Historic Preservation Office.
Advantages
1. More broadly applies the provisions for historic properties which enables the
historic preservation program to more readily keep pace with changes in the
community and reduce unintentional omissions.
2. Creates a dynamic program which enables an evolving, aging and growing
community to recognize historic properties constructed since 1945.
3. This definition has a specific meaning and creates a knowable and predictable
classification of properties. Enables community members to know when provisions
for historic preservation will apply and under what circumstances the provisions will
be applied.
Potential
consequences
1. Depends on 1984 Inventory data or subsequent updates to classify “contributing”
and “non-contributing” properties.
2. Requires routine funding for surveying for cultural resources.
3. Updated cultural resources survey work could generate community interest in new
historic district nominations. Historic districts have higher property values and encourage maintenance of historic properties.
4. Protects properties eligible for listing (not limited to the NCOD). A determination
of eligibility does not require a property owner’s consent.
5. May require moving provisions for historic properties from the NCOD into a separate place in the Code.
City actions
to execute this option
1. Adopt a definition for “historic property” which reflects the approach of eligibility
for listing on the National Register.
2. Fund historic property survey work in order to create updated data set.
Number of properties affected
Total number of
properties identified as "contributing" in 1984
Inventory
963
Number of
"contributing” properties in established
historic districts
698
Number of
"contributing"
properties in the NCOD
265
Related Discussion
Staff recommends adoption of definition two; basing the definition on a property’s eligibility for
listing on the National Register of Historic Places. This approach is consistent with the best
management practices adopted by other state and federal government agencies like the Montana
Department of Transportation and the Army Corps of Engineers. This approach also enables the
City of Bozeman’s historic preservation program to grow with the community. The criteria for
evaluating a property’s eligibility for historic designation were established by the National
Historic Preservation Act of 1966. (For additional information, please see Appendix C).
7
In order to successfully implement this option, the City of Bozeman needs to address the
deficiency in the 1984 Inventory by routinely funding cultural resource survey work. An
example of such an update will occur in the summer of 2014. The Department of Community
Development has partnered with the Downtown Bozeman Partnership to fund a survey of 100
properties in the B-3 “Commercial Core” zoning designation. The bid process revealed a cost of
$220 per property to generate a new Montana Property Record Form for each property.
Definition three: 50 years or older (BHPAB recommended definition, in addition to Definition One)
Draft definition:
Any developed site or structure over 50 years of age. Note: Fifty years is a common threshold although a lesser age may be appropriately used in combination with one of the
other alternatives.
Advantages
1. Easiest threshold to define and is uniformly applicable throughout the community.
2. Could be used as a screening test in combination with Definition Two, listed above.
3. Applies the provisions for historic preservation to the broadest number of properties.
Potential consequences
1. Significantly expands the number of properties that the provisions for historic
properties would apply.
2. Creates uncertainty for property owners with structures more than 50 years old that
haven’t been surveyed. Who funds the survey of the property?
City actions
to execute
this option
1. Adopt a definition for "historic property".
2. Clarify data set on date of construction for all properties.
3. Modify the BMC to expand provisions for historic properties outside of the NCOD.
4. Adopt procedures for obtaining documentation for structures for which a survey has not been done.
Number of
properties
affected
Total
number of
properties
in the city
limits
built before
1965
8677
Residential
structures in the City
Limits built
before 1965
8223
Residential
structures built in 1965 or
older within
the NCOD
1935
Residential
structures
built in 1965 or
older
outside the
NCOD
577
Commercial
Structures
in the City Limits built
before 1965
454
Commercial
structures
built in 1965 or
older within
the NCOD
361
Commercial
structures
built in
1965 or older
outside the
NCOD
93
Related Discussion
Definition three places the burden of developing cultural resource information on property
owners with any property over 50 years of age. It should be noted that not all buildings over 50
years of age are historically significant. About 600 residential properties and 100 commercial
8
properties, respectively, are inside the City Limits, built before 1965 and located outside of the
NCOD. (Please see Appendix D for additional statistics).
The BHPAB passed a motion supporting a hybrid approach that uses definition three to require
creation of a cultural resource survey which evaluates a property’s historic eligibility in a
manner consistent with definition two. Board members felt this approach allowed the process
and provisions for historic preservation to move through history with the community. Using a 50
year date as a benchmark established an easy threshold for community members.
Should the Commission enact this approach, the BHPAB members expressed the need for a
robust public outreach effort to educate property owners, developers, design professionals and
contractors about the shift in policy. The BHPAB members felt that the worst thing that could
happen is a property owner finding out about this requirement when they apply for a building
permit, before which they’ve invested thousands of dollars in design services. The BHPAB
discussed participating in such public outreach. If the City Commission moves forward with
adopting such amendments to the BMC, Staff will engage in a public outreach process.
Issue 2: Requiring affirmative maintenance and repair of historic
properties
The BMC does not currently place a direct affirmative obligation on owners of designated
historic properties to maintain their properties in good condition to prevent intentional or
unintentional neglect.
Staff’s recommended solution:
In discussing this issue at length, it appears that a distinction between historic properties that are single household dwellings and historic properties that are or have been considered to be
commercial, industrial, or institutional continues to cause concern. For that reason, Staff seeks
direction from the Commission on what properties it seeks to regulate and provides possible
options for the different property types.
Should the Commission direct staff to address both single household dwellings and commercial,
industrial, or institutional historic properties, staff recommends Option 1 with Steps 1 and 2, and
to create a “maintenance and repair” ordinance that applies to historic properties and addresses
the concerns regarding ‘demolition by neglect’. Staff recommends enacting both Step 1 and Step
2, as it encourages the City to educate owners of historic properties about neglect and risks
associated with neglected properties, and helps facilitate ways to mitigate impacts of neglect.
Should the Commission wish to address only commercial, industrial, or institutional historic
properties, it should direct staff to develop Option 2 and adopt a “maintenance of historic
buildings” ordinance.
For either option, the creation of a definition of ‘historic property’ as discussed in Issue 1, and the geographical boundaries of historic properties as discussed in Issue 2 will identify properties
subject to this responsibility.
9
Preservation Board recommends incorporation of discussion and edits included below in the
Commission memo, discussion and action.
Option 1: Adopt maintenance and repair ordinance to require all historic properties to be
maintained in good condition and repair. Option 1 can be satisfied with only step 1, but
staff recommends steps 1 and 2 in conjunction.
Step 1: Establish a legal requirement on specific properties designated as "historic
properties" to maintain and repair the property.
Example language
Each historic property in the NCOD shall be maintained in good condition. 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 change in design, material, color or outward appearance. Interior
arrangements or alternations to the interior of a building shall not be subject
to this requirement.
Advantages
1. Places an affirmative obligation on an owner of a historic property to
maintain the property in good condition.
2. Places no financial obligation on the City to assist homeowners.
Issues needing to be developed
1. Determinations will need to be made regarding how and what to enforce.
2. Definition for “good condition and repair”.
3. Economic feasibility for property owners and the possibility to allow for economic hardship.
4. Depending on implementation, potential to result in litigation.
City actions to
execute this option
1. Adopt an ordinance amending the Unified Development Code (Chpt. 38,
BMC).
2. Train staff to identify properties subject to the requirement.
3. Develop enforcement protocols.
4. Work with the City Attorney’s Office on enforcement.
10
Related Discussion
Currently, the City’s nuisance code and adopted Building Codes are used to address properties
and structures that have fallen into such disrepair that they pose a risk to the public health and
safety. The Commission asked what could be done to avoid properties reaching the point that
triggers action through either of these codes. The goal is to prevent intentional and unintentional
neglect of historic properties; specific goals are that historic properties be maintained as weather
tight and secure.
Violations of the adopted standard could be handled under the existing terms of Section
38.34.160 BMC “Violation.”
Option 1 (with one or both steps) will require a commitment of staff time from the City
Attorney’s Office, Community Development Staff, and Code Enforcement Staff each
participating in the code compliance work.
Step 2 (Staff's recommendation): In addition to step one, commit the City to assist owners of historic properties.
Example language
The City Manager or designee shall work with property owners to identify
historic properties no longer maintained in good condition and faithful to
historic character. The City, enlisting the assistance of applicable departments, shall 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 good condition pursuant to this section.
Advantages
1. Places an affirmative obligation on owner of a historic property to maintain their property in good condition and repair.
2. Recognizes the City’s interest in having well maintained historic
properties and requires the city to be involved with homeowners and
neighborhood groups to educate, assist and facilitate repairs.
3. Encourages collaborative approachs involving individuals, government,
and the private sector to address neglected properties; and
4. Less risk of litigation if outreach and education based.
Issues needing
to be developed
1. Determine how and what to prioritize;
2. Definition for “good condition and repair”; Economic feasibility for
property owner and potential to allow for economic hardship. Under zoning law economic hardship is not a basis for not conforming to the regulations;
and
3. Determine if code and enforcement will differentiate between income
properties and owner occupied properties.
City actions to execute this option
1. Same as Step One with the additional program requirements and extensive staff time to develop acceptable definitions of terms as well as
staff time to develop partnerships and work directly with owners to improve
properties.
11
The BHPAB’s discussion of this matter reflected long consideration of the matter. They
questioned creating a regulatory standard only applicable to “historic properties,” as defined by
the City. The Board noted that structures in a state of disrepair extensive enough to trigger this
definition are probably so far altered that they have no historic integrity remaining. Though no
formal motion and vote were taken, the BHPAB reached a consensus to recommended removing
“and faithful to its historic character” from the proposed language. The BHPAB recommended
that the Commission not open the door to considerations of economic ability and felt the onus
was on the City to make fair judgments on the issue. Option 2 had not been developed prior to
meeting with the BHPAB.
Option 2: Adopt maintenance of historic properties ordinance that addresses demolition by
neglect with historic properties considered to be commercial, industrial, or institutional.
Example language
Maintenance of Historic Buildings: (possibly under 38.21 or 38.23)
a. The City finds that the protection, enhancement, perpetuation, and
continued use of historical properties located within the City are
important in the interest of the prosperity, civic pride, and the
general welfare of its citizens. The City further finds that the
economic, cultural, and visual standing of the City cannot be
maintained or enhanced by disregarding the heritage of the City or
by allowing the destruction, defacement, and neglect of historical
properties and cultural assets; and that the neglect and deterioration
of such assets is harmful to the entire community. It is therefore
the intent of the City to protect the general welfare by establishing
effective administrative procedures to prevent the owner’s failure
to maintain a historic property such that it deteriorates to the extent
that the only option to abate the health and safety risks cause by
such deterioration is demotion, commonly known as “demolition
by neglect”.
b. Each historic property shall be maintained in good condition.
Failure to maintain a historic property in good condition may result
in a determination the property constitutes a nuisance pursuant to
Chapter 16.
c. The provisions of this chapter apply to all historic properties,
excluding single household dwellings within the city limits of
Bozeman.
d. For the purposes of this section, the term good condition and repair
shall constitute the structure be weather tight; secure from
unintended entry; and free from dangerous conditions.
Advantages
1. Places an affirmative obligation on owner of a historic property to
maintain their property in good condition and repair.
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Related Discussion
Option 2 addresses the historic buildings that the community as a whole recognizes as culturally
significant and beneficial to the community. These properties are more likely to be the
properties the City will choose to allocate funds to, if need be, in an effort to maintain their
historical integrity as oppose to the single household dwelling.
The Commission could ask Staff to encourage an outreach program similar to Option 1, Step 2,
without adding anything to the BMC to encourage, assist, and educate property owners of single
household dwelling historic properties about demolition by neglect and the importance of
maintaining their property in good condition and repair.
Option 2 has not been discussed with members of the BHPAB.
Advantages
2. Addresses historic properties community collectively has an interest in
preserving.
Issues needing to be developed 1. Definition for “good condition and repair” 2. Enforcement.
City actions to
execute this
option
1. Adopt an ordinance
2. Train staff to identify properties subject to the requirement.
3. Develop enforcement protocols.
4. Work with the City Attorney’s Office on enforcement.
13
Related Discussion:
Either of the options will require a commitment of staff time from the City Attorney’s Office,
Community Development Staff, and Code Enforcement Staff each participating in the code
compliance work.
The BHPAB’s discussion of this matter reflected long consideration of the matter. They
questioned creating a regulatory standard only applicable to “historic properties,” as defined by
the City. The Board noted that structures in a state of disrepair extensive enough to trigger this
definition are probably so far altered that they have no historic integrity remaining. Though no
formal motion and vote were taken, the BHPAB reached a consensus to recommended removing
“and faithful to its historic character” from the proposed language. The BHPAB recommended
that the Commission not open the door to considerations of economic ability and felt the onus
was on the City to make fair judgments on the issue.
Issue 3: Timing of demolition and redevelopment permits
There are a number of opportunities to clarify the process and criteria for demolishing structures
in the NCOD.
The Department of Community Development cannot accept an application for demolition or
movement of a structure inside the NCOD without a complete proposal for subsequent
development of the property, per BMC 38.16.080.A.1. This burdens property owners considering
demolition of a structure in the NCOD with the cost of designing the full subsequent
development of the property before the City will make a determination if the structure can be
demolished.
Section 38.16.080 A 2 and 3 could be clarified to delineate and separate procedures and criteria
for demolition into distinct categories of structures (historic, non-historic and unsafe structures).
This would provide clarity about the process and review criteria for property owners, applicants
and the review authority.
Staff’s recommended solution
We recommend modification to the BMC to enable the Department of Community Development
to make a preliminary determination on applications proposing demolition of structures. Staff
further recommends clarifying the timing of issuance of a demolition permit for historic and non-
historic properties. Staff recommends enacting Option 1, 2 and 3. Depending on the direction
from the Commission with regard to Steps 1-3, Staff may recommend revisions to the process for
demolition of unsafe structures.
In discussing the matter, the BHPAB was generally supportive of the approach recommended by
Staff.
Potential options for clarifying the application process for demolitions:
Step 1 (Staff's recommendation): Incorporate a definition of “subsequent development” into the BMC. The definition may include allowing only a written description of the plan to grade the site, install landscaping, construct a dwelling, etc.
14
Advantages
1. Enables the Department of Community Development to accept an application for demolition of a structure in the NCOD without a fully designed plan for the subsequent development.
2. Reduces the financial burden on the property owner in order to gather information about the likelihood of the City of approving of the demolition.
Issues needing to be developed 1. Unknown
City actions to execute this option
1. Adopt a definition of “subsequent development”
2. Modify application checklist
Related Discussion:
The Department of Community Development is prohibited from considering proposals to
demolish any structure in the NCOD without a full plan of the site’s subsequent development or
treatment of the site by Section 38.16.080.A.1 BMC. Municipal Code does not define
“subsequent development” or “treatment.” “Development” is defined by BMC 38.42.860 as:
Any manmade change to improve or alter real estate, including, but not limited
to, subdivision of land, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
The current requirement of a complete plan for subsequent redevelopment of a site prior to issuance of a demolition permit creates uncertainty for applicants that can only be resolved
through significant investment in professional design services. Modifications to Sec. 38.16.080
or an adopted definition of “subsequent development” are required in order to enable the City to
consider demolition of structures separately from consideration of the development to follow.
We suggest Community Development should be able to determine the viability of existing
structures to issue a preliminary denial or approval to demolish a structure before an applicant
invests in the professional services necessary to submit a complete proposal for the subsequent
development of the property.
Step 2 (Staff's recommendation): In addition to step 1, stipulate the preliminary approval of demolition of “historic properties” is subject to the following standard Conditions of
Approval:
Standard Conditions of
Approval
1. Demolition permit for historic properties shall not be issued until all
necessary zoning and building entitlements and permits have been issued,
and all related fees paid.
2. The subsequent development must receive all necessary Certificate of
Appropriateness approvals prior to issuance of a demolition permit.
Advantages
1. Prevents speculative demolition of structures by requiring that the
redevelopment be approved and the Building Permit issued prior to or
concurrently with the issuance of a Demolition Permit from the Building
Division.
15
2. The recommended Conditions of Approval make this step consistent with
Commission directives based on prior project approvals.
Issues needing to be developed 1. None anticipated
City actions to
execute this
option
1. Adopt Code provisions to require the Building Permit for the
redevelopment be approved and all related fees paid prior to issuance of the
Demolition Permit from the Building Division.
Related Discussion:
If demolition is approved, and depending if a property is determined to be historic, the
Certificate of Approval could be conditioned to prohibit issuance of a demolition or moving
permit until the subsequent development, including issuance of a building permit, has been fully
approved.
Step 3 (Staff's recommendation): In addition to step 1 and step 2, stipulate that issuance
of a demolition permit for non-historic properties from the Building Division is dependent upon approval of the zoning review for the site’s complete redevelopment.
Advantages
1. Prevents speculative demolition of structures by requiring that the
redevelopment be approved and the Building Permit approved prior to
issuance of a Demolition Permit from the Building Division.
Issues needing to be developed 1. None anticipated
City actions to
execute this
option
1. Adopt Code provisions to require the zoning approval for the
redevelopment be approved and all related fees paid prior to issuance of the
Demolition Permit from the Building Division.
Related Discussion:
It is in the community’s best interest to avoid speculative demolition of structures, which creates
gaps in a neighborhood fabric and diminishes the tax revenue stream, which reduces the City’s
ability to provide services and infrastructure improvements to the area.
The intention of this provision is to preserve historic structures and neighborhood character by
preventing speculative demolition. 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.
16
Step 4 (Potential follow-up): Depending on direction on Steps 1, 2, and 3, revise the existing process for demolition of unsafe structures to be consistent with revised demolition process.
Advantages 1. Would clarify the process for City Staff, elected officials and property owners in the removal of unsafe structures, thus improving public safety.
Issues needing
to be developed 1. None anticipated.
City actions to execute this option
1. Adopt Code provisions to require the Building Permit for the redevelopment be approved and all related fees paid prior to issuance of the
Demolition Permit from the Building Division.
Related Discussion:
The City has an existing process for addressing unsafe structures through the Building and
Nuisance Codes (Article 16.02 BMC, “Nuisances”). Depending on Commission direction for
Steps 1, 2, and 3, it may be necessary to revise the existing process for the demolition of unsafe
structures.
Issue 4: Clarify the two year stay of demolition
A “stay” of a demolition permit by the City of Bozeman is authorized in BMC 38.16.080.A.4,
which states that if an application for issuance of a demolition permit is denied, the issuance of a
demolition permit is stayed for up to two years. In circumstances where the demolition is stayed,
the code language does not provide guidance on what, if any, additional proceedings are desired
at the end of two years. The City Attorney has issued an option that because the code does not
specifically require any additional action by the owner; the owner may proceed directly to an
application for a demolition permit under Chpt. 10, BMC.
Recommendation for clarifying the two year stay of demolition:
Staff recommends amendment of Section 38.16.080.A.4 to include language to clarify whether
additional proceedings are required at the end of the two year stay. Staff recommends enacting
Option 1.
The BHPAB recommends that if a demolition has been denied, any subsequent request needs to be accompanied by a description of any efforts made to preserve the historic structure.
17
Potential options for clarifying the two year stay of demolition:
Option 1 (Staff's recommendation): Revise municipal code to clarify what happens during and at the end of the two year stay of demolition.
Example language
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 satisfy the requirements of this section, an application for a demolition permit may be presented to the City pursuant to Chapter 10, article 4 of this Code. If all requirements of the demolition permit are
satisfied, a demolition permit shall be granted and no other proceedings
under this chapter are required.
Advantages 1. Clarifies what happens after the two year stay expires.
Issues needing to be developed 1. None anticipated.
City actions to
execute this
option
1. Adopt an ordinance to amend Municipal Code.
Related Discussion:
Comparing Section 38.16.080 of the BMC with similar provisions regarding staying the
demolition of a historic structure in communities around the state, Bozeman has by far the
Option 2 (Staff's recommendation): In addition to Option 1, provide incentive for
property owner to work with community to consider alternate proposals.
Example language
(In addition to the example language in option 1)
An owner of the property subject to a stay under this section may seek early
release from the stay if the owner demonstrates it has actively and in good faith sought input from interested parties; explored alternative funding
sources; and considered reasonable proposed alternatives to demolition.
Advantages 1. Clarifies what happens after the two year stay expires. 2. Encourages the property owner to engage in good faith with interested parties.
Issues needing
to be developed 1. None anticipated.
City actions to execute this
option
1. Adopt an ordinance to amend Municipal Code.
18
longest stay in place for demolitions of historic structures (See appendix E). Additionally, of the
handful of cities that were looked at around the country, the longest delay to a demolition permit
was two years (San Antonio, TX).
Modifying the existing duration for the stay of demotion is not advised. Eliminating the two
year stay would take away the opportunity for the City or other interested groups to come up
with alternatives proposals to demolition. Extending the stay beyond two years would likely
give rise to regulatory takings issues. Providing additional guidance in the BMC will provide
clear direction for applicants, the City, and interested parties as to what can occur when the two
year stay expires.
In discussing the matter on March 27, 2014, members of the BHPAB expressed concern that
nothing in the proposed language pressures owners and applicants to find solutions rather than
wait out the two year delay in demolition. They noted that the draft language does not create a
requirement that property owners allow access to the site for others to develop alternatives and
wondered if the language instead enabled demolition by neglect during the two year stay of
demolition. Staff noted there is expenses to a property owner to have a property sit vacant, not
generating revenue. Staff also noted that allowing access to the property may create liability for
the owner.
Ultimately, the BHPAB recommended that if a demolition has been denied, any subsequent
requests should to be accompanied by a description of efforts made to preserve the historic
structure. The BHPAB felt such a requirement would ensure the owner engage with community
groups interested in preserving the historic property.
The language in Option 2 has not been discussed with members of BHPAB.
19
Appendix A: Statistics for the 1984 Montana Historical and Architectural Inventory and Certificate of Appropriateness Applications
Historic District # of contributing properties # of non-contributing properties Total # of properties # of contributing in NCOD but not in a historic # of properties missing an Inventory # of properties in the NCOD identified as intrusive # of properties in the NCOD identified as neutral # of COA applications since 1991 # of COA applications since 2003 # COA applications requesting demo since 2003 # of properties demolished since 2003 # of contributing principal structure demos since 2003 Bon Ton 190 39 229 - - - 318 170 2 2 1
Cooper Park 222 42 264 - - - 297 194 1 1 1
Lindley Place 26 8 34 - - - 38 19 2 2 1
Main Street 49 15 64 - - - 186 98 2 2 1
Brewery 5 0 5 - - - 15 12 1 1 1
N. Tracy 21 8 29 - - - 34 20 0 0 0
S. Tracy 6 1 7 - - - 8 5 0 0 0
S. Tracy/ S.
Black 78 15 93 - - - 126 85 5 4 5
NP/ Story Mill 50 10 60 - - - 0 0 0 0 0
Individual listed properties
51 0 51 - - - 17 12 1 1 1
NCOD 265 0 2,270 844 833 285 1,770 1086 N/A N/A N/A
Totals: 963 138 3,106 43 844 833 285 2,809 1701 14 13 11
% of all
properties in NCOD
31% 4% - 1% 27% 27% 9% N/A* N/A* .4% .4% .35%
Acronyms
COA: Certificate of Appropriateness
NCOD: Neighborhood Conservation Overlay District
HD: Historic District
* Some properties have received multiple COAs
20
Appendix B: Map of the Neighborhood Conservation Overlay District
A link to this map is available here.
21
Appendix C: How other government agencies define “historic properties”
The National Historic Preservation Act of 1966
The term "historic property" is defined in the NHPA as: "any prehistoric or historic district, site,
building, structure, or object included in, or eligible for inclusion on the National Register"; such
term includes artifacts, records, and remains which are related to such district, site, building, structure, or object.
The Advisory Council on Historic Preservation:
"Any prehistoric or historic district, site, building, structure, or object included in, or eligible for
inclusion on the National Register"; such term includes artifacts, records, and remains which are
related to such district, site, building, structure, or object.” 1
Criteria for listing on the National Register of Historic Places include:
a. That are associated with events that have made a significant contribution to the broad
patterns of our history; or
b. That are associated with the lives of significant persons in or past; or c. That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
d. That have yielded or may be likely to yield, information important in history or prehistory.
Section 106 of the National Historic Preservation Act
“…Prior to the approval of the expenditure of any Federal funds on the undertaking or prior to
the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register.”
“A historic property need not be formally listed on the National Register to receive NHPA
protection, it need only meet the National Register criteria (i.e., be eligible for listing in the National Register).”2
1 Definition from the National Historic Preservation Act; 16 U.S.C. Section 470(w)(5).
2 Section 106 of the National Historic Preservation Act
22
Appendix D: Statistics on structures built before 1965 in Bozeman
Number within
City Limits
Structures built
before 1965 Percentage
Number of 1965+
structures within
the NCOD
Number 1965+
structures outside
the NCOD
Residential structures 8223 2512 31% 1935 577
Commercial structures 1831 454 25% 361 93
These numbers are estimates based on Department of Revenue data. Therefore, some errors and
limitations may exist.
23
Appendix E: Montana Cities comparison of two year stay
CITY CODE LANGUAGE
BUTTE
Found in 2.64.120 “Demolition permit review and demolition by neglect program”
E. The HPC shall review all demolition permits for local register properties and historic properties in its jurisdiction
F. The HPC is authorized to invoke a ninety -day demolition delay to find demolition alternative and make recommendations. The HPC must notify the owner in writing of demolition delay and hold a public hearing.
BILLINGS
Found in Historic Preservation
Section 27.516 Criteria for demolition permits (a) No application for a permit to demolish a structure which is subject to
this article shall be approved unless:
(1) It is found that the structure to be demolished is not historically or
architecturally significant; and (2) Preservation of the structure is not feasible; or
(3) The Yellowstone Historic Preservation Board with
recommendations from the city building official has determined that
the structure poses an immediate threat to public safety.
(b) No disapproval of a permit to demolish shall be in effect for more than six (6) months after the board's recommendation. During such six-month
period, the historic preservation board may take or encourage the taking of
whatever steps seem likely to lead to the structure's preservation. The board
may work with the property owner to seek alternative economic uses for the
property, may consult with private civic groups, interested private citizens and other public boards or agencies.
HELENA
Found in Chapter 15: “Review process for demolition of historic buildings”
If the city commission denies the application, no further demolition permit application may be considered for the subject property for six (6) months from the date a completed application is submitted, unless the commission finds there are changed circumstances
sufficient to warrant a new application. (Ord. 2639, 11-16-1992; amd. Ord. 3097, 4-7-2008)
24
MISSOULA
“Relocation and Demolition Delay: Upon receipt of a completed Historic Preservation
Permit application for demolition or relocation, the Commission may impose a relocation or demolition delay for 90 days to allow sufficient time to explore preservation of the historic resource.”
25
Appendix F: Bozeman Historic Preservation Advisory Board minutes
from March 27, 2014
Minutes of the March 27, 2014 meeting
Members Present: Lora Dalton (chair), Steve Keuch, Courtney Kramer (staff liaison), Lisa Verwys, Ryan Olson, Matt Kennedy, Mark Hufstetler, Jillian Bowers
I. Call to order- meeting was called to order at 6:34 pm
II. Approval of prior meeting minutes- Minutes from the February 27 meeting were
unanimously approved as presented
III. Public comment- none
IV. Disclosure of ex parte communication- none
V. Introduction of invited guests- Marsha Fulton and Crystal Alegria of the Extreme
History Project, City Attorney Anna Saverud
VI. Decision Items
a. Collaboration with Extreme History Project (EHP) and allocation of $500 in
funding to support walking tours
i. Crystal Alegria reported on the fall 2013 walking tours that received
funding from the board. 8 tours were given in October 2013 (2 cemetery
tours and 6 downtown tours). 52 people attended the tours (all locals, no
tourists), good turnout especially given the off-season and the lack of a
marketing budget.
ii. EHP would like to expand the walking tour program beginning in May
2014. 7 walking tours have been developed in collaboration with Derek
Strahn and Dale Martin. Tours would occur on a regular basis with up to 6
tour guides. EHP requests $500 in funding support from the BHPAB to
support walking tour program.
iii. BHPAB has $900 in budget (fiscal year ends June 30, 2014) and no plans
in the foreseeable future to use the funds. Motion made (SK) to approve
$500 allocation of funds, seconded (MK), and unanimously passed.
b. Discussion of the preservation and demolition memo
i. Issue 1- definition of historic properties
1. General discussion and agreement that the 1984 survey is outdated
with erroneous information and that it should not be used as a basis
for definition of historic property, but that it may contain
information useful to future surveys. MH- 1984 survey was not
prepared to professional standards and may not/would not stand up
to legal scrutiny.
2. If a new cultural resources survey (option 2 in memo) were
required to define historic properties, it could be funded by
community development block grants, surcharges on major COAs
(this fund currently has $80,000; $15,000 currently bookmarked
for survey work this spring on commercial properties), or from the
general fund. Discussion about the difficulties in keeping a survey
26
updated; issues with a survey being a snapshot in time that may no
longer be accurate as structures age and change
3. Discussion regarding option 3 (age- 50 years) as definition for
historic property. LV- concerned that this leaves younger
properties vulnerable. MH- any younger properties that would
have qualified as historic have been demolished. MH- personal
recommendation would be a combination of options 2 & 3: require
evaluation of any property over 50 years old for potential historic
property eligibility prior to demolition. JB- concerned about
financial burden for evaluation placed on homeowners and
concerned that homeowners will invest significant amounts of
money prior to finding out that they must have their property
evaluated; education should be part of formal recommendation.
CK- have required individuals to finance evaluations in the past for
structures in conservation overlay district. General discussion
regarding need for education of property owners and architects,
need for dissemination of information/education through materials
distributed by city staff. LD- education could also come from the
board’s outreach activities.
4. MH moves to support a proposal to require properties over 50
years old to be evaluated prior to demolition for eligibility to the
National Register or potential contributing status to National
Register Historic District. Seconded (RO) and passed
unanimously.
ii. Issue 2- Affirmative Maintenance
1. Discussion begins with understanding that ordinance is written as a
broad/basic, that “good condition” refers to weather tight and
secure, and that enforcement is TBD and not expected to be
common occurrence.
2. MK- How will owners know if they have a historic property if
there is not a survey of historic properties? Use of “historic
property” may depend on which definition is adopted in issue 1.
Discussion regarding substituting “conservation overlay district”
for “historic property” in the ordinance, MH- concerns over
including phrase “historic character” which is not easily definable
and which may no longer exist in a property that is in disrepair.
LD- a broader definition may be more workable. Anna Saverud-
ordinance must be construed to address specific properties.
3. Additional discussion regarding concerns over how issues of
economic disparity will be addressed.
4. BHPAB recommends that the City Commission takes this
discussion into consideration.
iii. Issue 3- Timing of demolition and redevelopment permits
27
1. CK- deals with ability to give preliminary yes or no so that there is
not incentive to let a property fall into neglect. Chris Saunders-
gives higher level of protection for historic properties. LD- issue
and recommendations are in line with past BHPAB discussions
iv. Issue 4- Clarifying two year stay of demolition
1. Clarification of code necessary to ensure that implied meaning and
public interpretation matches.
2. Discussion regarding what occurs during a stay of demolition: time
allows for alternate proposals to be made by interested parties;
there is no requirement for property owners to let interested parties
access the property in order to propose alternate solutions. LD-
there is no incentive for property owners to find alternate solutions
when they can simply wait out the stay. RO- financial incentive for
owners (not cheap to let a property sit unused). Is there a way to
encourage property owners to find alternate solutions or engage
with the community for alternate proposals? MH- suggests
addition to provision: if a demolition has been denied, subsequent
requests should be accompanied by a description of efforts made to
preserve historic structure.
3. Lack of clarity regarding liability of properties during a stay of
demolition. Is the city or the property owner liable for the structure
during a stay?
VII. Chair’s Report
a. Expiring terms
i. 7 board member terms expire in June 2014 (Mark Hufstetler, Jillian
Bowers, Ryan Olson, Lisa Verwys, Jessie Nunn, Nicole Becker, Lora
Dalton). Board members should be thinking about recruitment.
ii. RO will not be continuing on the board and will need to pass on
committee duties, specifically regarding Historic Preservation Awards.
iii. Possibility of reducing the size of the board via bylaw revision. MH and
LD will work on this.
b. Budget
i. After approval of Extreme History Project allocation, there is $400
remaining in the budget. Ideas for use are welcome.
ii. Possible use of funds for Bill Grabow oral history. CK will speak with Bill
about sitting for an interview and LV will speak with historian Betsy
Watry regarding a proposal for conducting the interview.
VIII. Committee Reports
a. Outreach
i. LV, SK, BL met regarding history alliance; sketched out broad plan for a
meeting in September. Committee will meet again April 14, 6:30pm at
Coldsmoke Coffeehouse to finalize a name and meeting details. As
28
requested, LV will send a reminder to board so other interested members
can attend.
ii. LD has Pete Brown’s presentation as MP3, CK will work on making it
available via the website. If anyone wants a copy, email LD (32mb
powerpoint and 69mb recording)
IX. Staff Liaison Report
a. Received COA application for Willson Auditorium. Recommending that thorough
documentation of space occur prior to renovations. Modifications are not
appropriate historically.
b. Working on Community Development Block Grant to evaluate the Conservation
Overlay District as a zoning approach
c. Re-surveying 100 properties in the B-3 area. Findings of potentially historic
properties will be reported to the board.
d. Streetlamps (SAT grant) are ready to be installed.
e. Story Mansion appraisal is in, not currently slated as an agenda item for the City
Commission
X. Meeting adjourned at 9:05 pm. Next meeting set for April 24, 6:30 PM
End of Minutes
Secretary: Lisa Verwys
29
Appendix G: The Steps to Identifying and Listing Historic Properties, including key phrases
30
Appendix H: Proposed timing for issuance of a demolition permit