HomeMy WebLinkAbout17- Ordinance 1920 Amending Code Regarding Historic Property and Structures Including Identification, Maintenance and Demolition Ga 9't+
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ORDINANCE NO. 1920
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTIONS OF 10.03.110, 10.04.050, CHAPTER 10,
BUILDINGS AND BUILDING REGULATIONS REGARDING REMOVAL OF
BUILDINGS, ARTICLE 16.02, PUBLIC NUISANCES REGARDING PROPERTY F
MAINTENANCE, AND SECTION 38.16.080, AMENDING SECTIONS 38.19.080,
38.40.0309 38.41.090, CREATING NEW SECTIONS 38.16.100-120 AND RENUMBERING
THE EXISTING SECTION 38.16.090, CREATING SECTION 38.42.1365, AMENDING
SECTION 38.42.1370, UNIFIED DEVELOPMENT ORDINANCE, BMC REGARDING
HISTORIC PROPERTY/STRUCTURES INCLUDING IDENTIFICATION,
MAINTENANCE AND DEMOLITION.
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, Chapter 5 of the Bozeman Community Plan identifies historic preservation
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
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Ordinance 1920, Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
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 definition of historic site is not adequately
clear, lessening certainty in identifying which properties are subject to the historic preservation
provisions of Chapter 38; 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
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 specific
definitions of"historic site"and"historic structure"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).
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Ordinance 1920,Building Maintenance and Demolition ofHistoric Structures Municipal Text Amendment
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 are 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 text of this ordinance relating to maintenance of buildings is a nuisance prevention
measure and does not encroach on the state's reserved authority to direct the content of
building codes.
7. 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 4
(Building Codes)by being neglected to the point of being unsafe.
8. The City's involvement with homeowners and neighborhood groups to educate, assist and
facilitate, and encourage collaborative approaches involving individuals, government, and s
the private sector to address neglected properties will promote the historic preservation G
goals in the Community Plan.
9. 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
10. 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 must 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 a
conversion thereof conforms to Chapter 38, (Wig)to include when applicable the final
approval by the review authority specified in 38.34.010, of a Certificate Of
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Teat Amendment
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 relocate
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 must be accompanied by the written consent of the deputy police
chief and fue department,who shall must be notified as to
the route to be taken and the date of the move.
4. The department of public works building divisio 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.
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 must be obseived 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.
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Ordinance 1920,Building Maintenance and Demolition ofH{storic Structures Municipal Text Amendment
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 Iiable 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
s
Section 5
C
That the Bozeman Municipal Code be amended by adding new definitions in Section 16.02.040
as follows:
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 a:
found or permitted to be or remain, shall or may endanger the health, safety, life, limb or
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal TextAmendment
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 seetion 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:
G. It is further the purpose of this article to protect historic structures and sites as defined in
38.42.1365 and 38.42.1370 by requiring any person seeking to demolish or move a historic
structure or site to comply with 3 8.19.080 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 historic structures or sites within the
subject to the provisions of this aftiele and see4ian. The feview pr-eeedur-es and er-iter-ia for the
demolition or-movement of any structure or site YA#4n the eensefvafien distr4et afe as follows:
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Ordinance 1920, Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
treatment of the site after the demolition or movement has occurred. The subseque.n.t
be
or sites, w-hieh are designated as ipAmsi-,�e or netttr-al elements by the state histefieA an
architcotur-al inventory, and that are not w4hin recognized historic districts or in o
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deviation, update
ourrent conditions on the site,prior-to the Feview of the demolition or-movement prope
within this seetion shall be coordinated with the larger project when demolition Of-
movement is pf-opesed in eonjunetion with a vafianee,
afebiteetural inventery, and all properties within historio districts and all landmarks, s
be subjee4 to public notiee. Notiee shall be pr-avided in aeeordanee with ai:tiele 40 -Aft
ehapter. Prior- te any final aetien on the applieation the review authority shall Feeeive-a
recommendation from the historic preservation office; and if the demolition does not
boud. The state histor4eal and arehi4eetiiral inventory form shall be reviewed and, if
neeessafy,updated by a qualified professional acceptable to the state hist tion
or sites described within this section shall be coordinated with the larger project whe
eonditional use per
deviation, > >
Rditional :use peFmit or planned unit developmef4 applioation. The review authet4ty
shall base its deeinio on the fellewi.,9•
a-. The standaMs in 38.16.050 and the f
by the state historio preservation office and the-planning depaFtment.
f4Mfj thAt -At leasit me. of the fellewing factors apply based en definitive evideneee
the costs of repair and/or rehabilitation versus the costs of demolition and
importance of the structure or site and their Felationship te the distfie! as detefmine
a" eests asseeiated with the
reme a4 of health or safety thfeats must exeeed the value of the struetufe.
(2) The strue4tire or-site has no viable eeenemie of useful life f efll&iniffg-.
4. if an application for demolition or moving is denied, issuance of a demolition
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
including, but not limited to,
the use of twE efedits or- adapt�ve reuse. The two yeaf stay
may be terminated at any point in time if an altemate proposal is appfoved-A--v-i-Asi—iffi-eiefit
3 of this seetie-ft,
S. A44 swae4ufes of sites approved fer demolition or moving sWI be fiAly daeuffiefited in
staff prior-to the issuance of demolition of me-Ang pefmi4s'
that is demolished or-moved een:tr-afy to the provisions of this section, and any contra
md mamer- ide*4ea4 to its rendition prior- to sueh illegal demelifien or- fneve, and-in
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 and sites, as defined in 38.42.1365 and 38.42.1370,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
demolition. Provisional review is advisory only and does not constitute approval to demolish
a structure. Provisional review must 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 to minimum standards with a
building of the same type and scale.
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.
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Ordinance 1920,Building Maintenance and Demolition of Historic Struclures Municipal Text Amendment
A. COA for demolition and subsequent development. Approval of the proposed subsequent
development is required for all historic structures proposed for demolition and for the
proposed movement of any structure or site.
B. Public Notice. Proposals for demolition of historic properties within the city limits require
public notice. Notice of applications) must be provided in accordance with article 40 of this
chapter.
C. Criteria. The reviewing authority must consider the following factors in evaluating
a lications for demolition or movement of a historic structure or site and subsequent
redevelopment:
l. The property's historic significance.
2. Whether the structure has no viable economic life remainin . "No viable economic life
remaining" means the costs of re air and/or rehabilitation to bring the structure to a
habitable condition as established b, t�pplicable 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�peimit and does not include proposals which
leave the site without building(s) or structure(s).
Notwithstanding the above, for projects proposing the removal of a historic structure, which do
not qualify for sketch plan review pursuant to 38.19.070 the review authority, may determine the
proposed subsequent site development is more appropriate for the site based on the criteria in
38.19.100.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review
authority maw
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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 approval.
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a. Preliminary COA approval. After preliminary approval with contingencies or A
conditions requiring follow R work, the applicant may mplly for final COA approval
and must demonstrate compliance with development standards and completion of
contingencies and conditions, including documentation, the review autholjly must
Mprove the COA for demolition and subsequent development. k
b. Final COA approval. If the submitted application materials demonstrate compliance
with development standards and completion of contingencies and conditions,including
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Ordinance 1920, Building Maintenance and Demolition of Historic Structures Municipal TextAmendment
documentation, the Review Authority must approve the COA for demolition and
subsequent development.
3. If an application for demolition or moving is denied due to failure to meet 38.16.090.0
issuance of a demolition or moving permit shall be staved 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 garoups 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-yeary 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
authori 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
must be granted and no other proceedings under this chapter are required.
c. The two-yeary does not begin to run if denial of a COA to demolish a historic
structure or site is based on the failure of the applicant to make a complete and adequate
submittal or to propose a subsequent treatment which complies with the standards of
this chapter.
4. 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.
b. Documentation of the structure must 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.
c. The review authority may require a developer to enter into a development agreement
with the city at the time of issuance of a certificate of appropriateness authorizing
demolition of all or part of a historic structure in the neighborhood conservation overlay
zoning district or in a designated historic district. The development agreement may
provide for conditions of demolition, timing of reconstruction, and may require the
developer to post a surety bond naming;the city as a beneficiary for not more than 10%
of the costs of the overall reconstruction budgetguarantee that construction of the
replacement structure will commence promptly upon completion of the demolition.
This requirement is in addition to any other requirement of this code.
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Mirnicipal Text Amendment
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 must 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 develo went 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 ma . +'
a. Grant preliminary or final approval of the demolition with standard contingencies
and/or project specific conditions.
b. Deny the Certificate of Appropriateness application. o
2. COA approval.
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 must
gpprove 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 must approve the COA for demolition and
subsequent development.
3. Standard Requirement. Subsequent treatment of the site must receive zoning approval-prior
to issuance of a demolition permit. Subsequent treatment may include 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 and landscaping is reestablished. y
Section 10
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
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 must 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 authoritygive 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 must be fiilly
documented.
1. The director of community development must establish by administrative order rules for
documentation of non-historic and historic properties. This documentation must 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,must be
submitted and approved before any demolition or construction is allowed.
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
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) must be paid prior to
issuance of a building or demolition permit.
1. When required by the city,this must 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 39.16.130 to read as
follows:
See.38.16.130.-Safe condition and good repair.Each property or structure located in the NCOD
must 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 alterations 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 38.19.080.0 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&hall must be provided.
B. Review procedures and criteria for certificates of appropriateness.
1. Certificates of appropriateness AwU must 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 slag must
be reviewed according to procedures and criteria outlined in article 28 of this chapter.
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Ordinance 1920, Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
C. Demolition or movement of historic structures or sites located outside of the Neighborhood
Conservation Overlay District.
1. Demolition or movement of historic structures or sites located outside of the
Neighborhood Conservation Overlay District must be reviewed according to procedures
and criteria outlined in 38.16.080.
2. Certificates of appropriateness must 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,een ri�� +.,,,,���,,i.,,,a
, or modification of wetlands.
Section 15
That Section 38.41.090 of the Bozeman Municipal Code be amended as follows:
See.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 a ems, located in a neighborhood conservation or- eff#yway
Se er-eveflaydistricts or historic property/structure) shR4 must 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 sly must 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 community17
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,must I
be clearly identified and must include those elements to be removed and reinstalled;
1. If demolition of a historic structure as defined in 38.42.1365,
.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
2, versus
of demolition and
include cast estimates fromemore than one general contractor forrthe work.
must
g ,_ he 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 the same type and scale to building code standards.
In. 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 38.32A40.13 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 must 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:
z
s
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
Historic structure.
Any 4te;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) eligible, as determined by the City of Bozeman, to be listed on the National or State
Register of Historic Places either individually or as a contributing building to an existing
or potential historic district.
The most recent National Register Criteria for Evaluation as published by the U.S. Department of
the Interior,National Park Service are the basis for determining whether a property is eligible for
historical significance when a new or updated evaluation is prepared.
Section 17
That the Bozeman Municipal Code be amended by revising Section 38.42.1370 to read
as follows:
Historic site.
The location of a significant event, a prehistoric or historic occupation or activity, ^M., b•; dmg eT
stmE4ufe, whether- steanding, , where the location itself possesses significant
historic, cultural or archaeological value. The value of a site sha11 must be based on the ability of
the site to meet the eligibility requirements for historical significance as described by the National
Register of Historic Places and as approved by the City of Bozeman. The most recent National
Register Criteria for Evaluation as published by the U.S. Department of the Interior,National Park
Service are the basis for determining whether a proppAy is eligible for historical significance when
a new or updated evaluation is prepared.
Section 18
That the Bozeman Municipal Code be amended by revising the caption for Article 38.16
to read: Neighborhood Conservation Overlay District and Historic Preservation.
Section 19
The city manager 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
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Ordinance 1920,Building Maintenance and Demolition of Historic Stnectures Municipal Text Amendment
attempt to ensure properties are maintained in safe condition and good repair pursuant to this
section.
Section 20
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are,and the same are hereby,repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 21
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
I
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full 1
force and effect.
]3
3
Section 22
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
i
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 23
i'.
Codification.
This Ordinance shall be codified as indicated in Section 2— 18.
Section 24
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Ordinance 1920,Building Maintenance and Demolition of Historic Structures Municipal Teat Amendment
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3 1"day of January, 2017.
GcVV-.4y—\ 3
CARSON TAYLOR
Mayor
BQZ ,
ATTEST:
•�T'
ROBIN CROUGH Triv co•r�
City Clerk
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 131' of
February, 2017. The effective date of this ordinance is March 15", 2017.
co"-t�
CARSON TAYLOfi
Mayor
ATTEST:
Bp2 )
ROBIN CROUGH
City Clerk �' 1883 ,• �
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Ordinance 1920, Building Maintenance and Demolition of Historic Structures Municipal Text Amendment
APPROVED AS TO FORM:
LIVAN
City Attorney
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