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HomeMy WebLinkAboutOrdinance 06- 1660 Amending the UDO to include Design Guide for Historic Pres. ORDINANCE NO. 1660 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO INCORPORATE BY REFERENCE THE DESIGN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AND DIRECT THEIR USE. WHEREAS, on October 22, 2001 J the City Commission adopted Commission Resolution No. 3486, adopting the Bozeman 2020 Community Plan, a growth policy in compliance with Title 76, Chapter 1, Part 6, MCA; and WHEREAS, Section 76-2-304, MCA, requires zoning regulations to be in accordance with a growth policy, and WHEREAS, Section 76-1-606, MCA, requires regulations relating to subdivisions to be in accordance with a growth policy, and WHEREAS, the City Commission determined that development of a unified development ordinance combining and addressing matters relating to both subdivision and zoning had the potential to improve the land development regulations of Bozeman; and WHEREAS, the City Commission directed staff to prepare a unified development ordinance for consideration and possible implementation, and WHEREAS, after public hearings the City Commission adopted Ordinance No. 1604 adopting a Unified Development Ordinance to replace the City's previous zoning and subdivision regulations; and WHEREAS, an application to amend the Unified Development Ordinance to incorporate the Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District was received; and WHEREAS, the proposed amendment was the subject of public notice and public hearings before the Zoning Commission as required by Section 76-2-307 MCA, on December 6, 2005; and WHEREAS, the Zoning Commission forwarded a positive recommendation regarding the proposal as required by Section 76-2-307, MCA; and WHEREAS, the Design Review Board forwarded a positive recommendation regarding the proposal as required by Section 18.62.010, Bozeman Municipal Code; and WHEREAS, the Historic Preservation Advisory Board forwarded a positive recommendation regarding the proposal as required by Section 2.80.090, Bozeman Municipal Code; and WHEREAS, the City Commission, after public notice was provided, held a public hearing to take public testimony and consider the recommendations of the Zoning Commission, Design Review Board, and Historic Preservation Advisory Board on December 19, 2005; and WHEREAS, the City Commission found that the text of the Unified Development Ordinance amendment as recommended by the Zoning Commission, Design Review Board, and Historic Preservation Advisory Board was desirable; and WHEREAS, after receiving public testimony and discussing the amendments the City Commission directed the staff to bring back an ordinance to adopt the amendment. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 18.28.050 ofthe Bozeman Municipal Code be amended, and that the newly revised Section 18.28.050 shall read as follows: "18.28.050 Standards for certificates of appropriateness A. All work performed in completion of an approved certificate of appropriateness shall be in conformance with the most recent edition of the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Planning Department). B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures, or properties and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; 7. Architectural details; 8. Concealment of non period appurtenances, such as mechanical equipment; and 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). C. Contemporary, non-period and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant -2- historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. D. Conforn,ance wit'" ot"'er BppliC!lble development stBndards of this title When aoolvina the standards of Subsections A throuah C above. the review authority shall be auided bv the Desian Guidelines for Historic Preservation and the Neiahborhood Conservation Overlav District. which are hereby incoroorated bv this reference. When reviewina a contemoorarv. non-oeriod. or innovative desian of new structures or addition to existina structure. the review authority shall be auided bvthe Desian Guidelines for Historic Preservation and the Neiahborhood Conservation Overlav District to determine whether the orooosal is comoatible with any existina or surroundina structures. E. Conformance with other aoolicable develooment standards of this title." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability . If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. - 3 - PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular session thereof held on the 17th day of January 2006. t-I~" ATTEST: ~ J.: / ~/L:" ~ ROBIN L. SULLIVAN City Clerk 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 Co \J day of ~~ 2006. cr ATTEST: ~/~ RO IN L. SULLIVAN City Clerk - 4 -