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HomeMy WebLinkAboutOrdinance 89- 1296 Amends 88 2.80.050 and 2.80.090, historic preservation advisory commission . . ./ ORDINANCE NO. 1296 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZE- MAN, MONTANA, REVISING ORDINANCE NOS. 1180 AND 1252 AS CODIFIED IN SECTIONS 2.80.050 AND 2.80.090 OF THE BOZEMAN MUNICIPAL CODE, PERTAINING TO MEMBERSHIP ON, AND POWERS AND DUTIES OF, THE BOZEMAN HISTORIC PRESERVATION ADVI- SORY COMMISSION. Preamble The purpose of this ordinance is to revise the requirements for membership on the Historic Preservation Advisory Commission, to comply with State statutes and to designate said body to review applications for historic property tax abatement on behalf of the City Commission. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZE- MAN: Section I That Section 2.80.050 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.80.050 Establishment In order to carry out the purpose of this ordinance, an Historic Preser- vation Advisory Commission is hereby created. All Historic Preservation Advi- sory Commission members shall have a demonstrated interest, competence or know- ledge in historic preservation. Information on the credentials of the Historic Preservation Advisory Commission members must be kept on file in the office of the Clerk of the City Commission and available during regular office hours for inspection by the public. This Historic Preservation Advisory Commission shall consist of eleven members, as follows: A. Three (3) members with professional expertise in the disciplines of history, planning, archaeology, architecture, architectural history, historic ar- chaeology, or other historic preservation related discipl ines such as cultural geography or cultural anthropology, provided, however, that at least one mem- ber shall be an architect holding Montana or NCARB registration. Retired pro- fessionals shall be given consideration equal to that of practicing professionals. Residency within the City shall not be a prerequisite for membership as a pro- fessional representative. B. A total of three (3) members shall be chosen from the finalized list of National Historic Register historic districts in Bozeman, on file at the City- County Planning Office. As new members are chosen to replace those whose terms have expired, an effort should be made to ensure adequate distribution of . ~ representation among the districts. A member may be chosen from a locally des- ignated historic district if strong interest exists among residents of a particular district. c. Members shall include one representative for the following commercial neighborhood. This representative shall operate a business or own property in the neighborhood described as Main Street: The commercial area of downtown Bozeman. D. Members shall include four (4) at-large representatives. Residency within the City shall not be a prerequisite for membership as an at-large rep- resentative. Section " That Section 2.80.090 of the Bozeman Municipal Code be, and the same is hereby amended to read as follows: 2.80.090 Powers and Duties The Historic Preservation Advisory Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and pre- historic properties. The Historic Preservation Advisory Commission shall main- tain this inventory of identified districts, sites and/or structures within the City of Bozeman and make this information available to the public. B. Use the National Register of Historic Places criteria for designation of properties as a historic district or site and shall apply these criteria for local designation of historic and prehistoric properties. C. Participate in the process of nominating to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, Section VI, (Bl. This includes reviewing and commenting on any National Register nominations on property within the City of Bozeman. D. Review and comment on planning programs undertaken by the City of Bozeman, Zoning Commission, City-County Planning Board, and state and fed- eral agencies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken. E. Consult with city, state and federal agencies on all applications, environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, landmarks or neigh- boring properties within the City of Bozeman. Comments by the Historic Preser- - 2 - . ~ ,. vation Advisory Commission shall be sent to the State Historic Preservation Of- fice. F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recom- mendations to the City Zoning Commission concerning any changes or modifica- tions to the zoning regulations and zoning district boundaries. G. Make recommendations to the Board of Adjustment regarding vari- ance applications within any Historic Overlay Zone which requires action by the Zoning Board. H. Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of po- tentially historic buildings or structures. The Historic Preservation Advisory Commission may crate voluntary design guidelines which will be made available to the public for assistance in preservation projects. /. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Review and process applications for tax abatement pursuant to the provisions of Chapter 424 of the Laws of 1989 of the State of Montana as codi- fied by Sections 15-24-1601 et seq., Montana Code Annotated. Section '" Severability Clause Should any section of provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the val- idity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 20th day of November , 1989. artf~ ATTEST: LF D M. STI F, a ~.~~ Clerk of the Commission - 3 - . , . 'f . I- FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 4th day of December 1989. ATTEST: ~.~~ Clerk of the Commission APPROVED AS TO FORM: ~~ City Attorney . . , f - 4 -