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
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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.
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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.
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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
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