HomeMy WebLinkAboutChapter_28 Neighborhood Conservation Overlay District
Title 18
Chapter 28
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
Sections:
18.28.010 Intent and Purpose
18.28.020 Design Review Board and Administrative Design Review Staff Powers and
Duties Within Conservation Districts
18.28.030 Conservation District Designation or Recision
18.28.040 Certificate of Appropriateness
18.28.050 Standards for Certificates of Appropriateness
18.28.060 Application Requirements for Certificates of Appropriateness in
Conservation Districts
18.28.070 Deviations from Underlying Zoning Requirements
18.28.080 Demolition or Movement of Structures or Sites Within the Conservation
District
18.28.090 Appeals
18.28.010 Intent and Purpose
A. All new construction, alterations to existing structures, movement of structures into
or out of the neighborhood conservation overlay district, hereinafter referred to as
the "conservation district," or demolition of structures by any means or process will
be subject to design review. The recommendations of the Design Review Board or
Administrative Design Review staff shall be given careful consideration in the final
action of the Planning Director or City Commission.
S. This chapter defines and sets forth standards which apply to the conservation
district.
C. The intent and purpose of the conservation district designation is to stimulate the
restoration and rehabilitation of structures and all other elements contributing to the
character and fabric of established residential neighborhoods and commercial or
industrial areas. New construction will be invited and encouraged provided primary
emphasis is given to the preservation of existing buildings and further provided the
design of such new space enhances and contributes to the aesthetic character and
function of the property and the surrounding neighborhood or area. Contemporary
design will be encouraged, provided it is in keeping with the above-stated criteria
as an acknowledged fact of the continuing developmental pattern of a dynamic,
changing community. The neighboring community shall be provided notice and
opportunity to comment upon the proposed property improvements in accordance
with Chapter 18.76. In addition, aggrieved persons shall have the right to appeal
any design review decision made under the provisions of this chapter, in
accordance with Chapter 18.66.
D. In view of the fact that most of the area included within the boundaries of the
conservation district was developed and built out prior to the adoption of zoning and
contemporary subdivision regulations, the construction, development pattern, and
range of uses is highly diverse and frequently not in compliance with conventional
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regulatory requirements. This chapter recognizes that this diversity is a major
contributing element of the historic character of these neighborhoods or areas. The
provisions of this chapter shall be applied in a manner that will encourage the
protection and enhancement of the many diverse features for future generations.
E. The conservation district boundary is largely coterminous with the area surveyed in
the effort that led to the listing of nine historic districts and 40 additional landmark
structures in the National Register of Historic Places and includes the nine
designated historic districts and 40 individual landmarks. This chapter sets forth the
means of protecting and enhancing the conservation district.
F. It is further the purpose of the conservation district designation to protect and
enhance neighborhoods or areas of significant land planning or architectural
character, historic landmarks, or other built or natural features for the educational,
cultural, or economic benefit or the enjoyment of Bozeman's citizen. It will be the
policy and responsibility of the administrative entities of this chapter to:
1. Protect, preserve, enhance, and regulate structures, archaeological or
cultural sites, and areas that:
a. Are reminders of past eras, events, or persons important in local,
state, or national history;
b. Provide significant examples of land planning or architectural
styles or are landmarks in the history of land planning and
architecture;
c. Are unique or irreplaceable assets to the city and its
neighborhoods;
d. Provide examples of physical surroundings in which past
generations lived; or
e. Represent and express the unique characteristics of small
agricultural-based, western city developmental patterns;
2. Enhance property values through the stabilization of neighborhoods and
areas of the city, increase economic, and financial benefits to the city and
its inhabitants and promote tourist trade and interests;
3. Develop and maintain the appropriate environment for buildings,
structures, sites, and areas that reflect varied planning and architectural
styles and distinguished phases of Bozeman's history and prehistory;
4. Stimulate an enhancement of human life by developing educational and
cultural dimensions, which foster the knowledge of Bozeman's heritage
and cultivate civic pride in the accomplishments of the past;
5. Seek to maintain and enhance the many private and public elements that
are unique to the fabric, theme, and character of each neighborhood and
area, including but not limited to:
lighting, pathways, street trees, natural areas, and other
features that, from time to time, may be identified by the
citizens and property owners of neighborhoods, areas, and
subsections thereof; and
6. Provide the neighboring community with notice and opportunity to
comment upon the proposed property improvements in accordance with
Chapter 18.76, with the exception of certain sketch plan applications with
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potentially little neighborhood impact and to further provide aggrieved
persons with the right to appeal review decisions made under the
provisions of this chapter, in accordance with Chapter 18.66. (Ord. 1645
S 1 , 2005)
18.28.020 Design Review Board and Administrative Design Review Staff Powers and
Duties Within Conservation Districts
It is intended that the Design Review Board and Administrative Design Review staff will
review and make recommendations to the City Commission or Planning Director regarding
development within the neighborhood conservation district in order to maintain the underlying and
desirable characteristics of structures and areas within such districts, while recognizing the need
for innovation and individual expression in the development of these districts.
In carrying out this mission, in addition to the duties established in Chapter 18.62, the Design
Review Board and Administrative Design Review staff shall have the duty to review any tax
abatement or other incentive programs being considered by the City Commission that are
designed to stimulate preservation and rehabilitation of structures and properties and to review
any proposed action or development utilizing these abatement or incentive programs. (Ord. 1645
S 1 , 2005)
18.28.030 Conservation District Designation or Recision
A site, structure, object, area, or district may be designated or rescinded as a landmark, or
added to or removed from the conservation district by the City Commission upon
recommendation of the Historic Preservation Advisory Board subject to the provisions of Chapter
2.80, Historic Preservation Advisory Board, and Chapters 18.68 and 18.70, Text Amendments
and Zoning Map Amendments. Property owner concurrence is necessary for the designation or
recision of landmark status. (Ord. 1645 S 1, 2005)
18.28.040 Certificate of Appropriateness
A certificate of appropriateness, received from either the Planning Director or the City
Commission after recommendation by the Administrative Design Review staff or Design Review
Board, shall be required before any and all alteration(s), other than repair as defined in Chapter
18.80, are undertaken upon any structure in the conservation district. For alterations not requiring
City Commission approval, compliance with the Planning Director's decisions will be mandatory
subject to appeal to the City Commission as set forth in Chapter 18.66. Application procedures
are as follows:
A. No building, demolition, conditional use, sign, or moving permit shall be issued
within the conservation district until a certificate of appropriateness has been issued
by the appropriate review authority and until final action on the proposal has been
taken.
S. Application, review, and public notice procedures for proposals located within the
conservation district are set forth in Chapter 18.34, Review Procedures for Site
Development, Chapter 18.62, Development Review Committee, Design Review
Board, Administrative Design Review, and Wetlands Review Board and Chapter
18.76, Noticing. If the demolition or movement of structures or sites subject to the
conservation district requirements is proposed, the procedures in S 18.28.080, shall
apply.
C. A denial of a certificate of appropriateness shall be accompanied by a written
statement of reasons for the denial. (Ord. 1645 S 1, 2005)
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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:
I. 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 nonperiod 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 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. When applying the standards of Subsections A through C above, the review
authority shall be guided by the Design Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District, which are hereby incorporated by this
reference. When reviewing a contemporary, non-period, or innovative design of
new structures or addition to existing structure, the review authority shall be guided
by the Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District to determine whether the proposal is compatible with
any existing or surrounding structures.
E. Conformance with other applicable development standards of this title." (Ord. 1645
9 1, 2005)
18.28.060 Application Requirements for Certificates of Appropriateness in Conservation
Districts
Applications for certificates of appropriateness shall be made in conjunction with applications
for site plan approval in accordance with Chapter 18.34, of this title. Where development projects
in the conservation district require only sketch plan review as per Chapter 18.34, (Le.
single-household, two-household, three-household, and four-household residential structures,
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each on individual lots; signs; fences; property alterations; and certain amendments to site plans),
applications for certificates of appropriateness shall be made on a form provided by the Planning
Department and shall include the information and material as set forth in Chapter 18.78. (Ord.
1645 S 1, 2005)
18.28.070 Deviations from Underlying Zoning Requirements
Because the development of much of historic Bozeman preceded zoning, subdivision, and
construction regulations, many buildings within the conservation district do not conform to
contemporary zoning standards. In order to encourage restoration and rehabilitation activity that
would contribute to the overall historic character of the community, deviations from underlying
zoning requirements may be granted by the City Commission after considering the
recommendations of the Design Review Board or Administrative Design Review staff. The
criteria for granting deviations from the underlying zoning requirements are:
A. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in S
18.28.050 of this chapter, than would be achieved under a literal enforcement of this
title;
B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
C. Modifications shall assure the protection of the public health, safety, and general
welfare. Approvals may be conditioned to assure such protection, and such
conditions may include a time period within which alterations will be completed;
landscaping and maintenance thereof; architectural, site plan, and landscape design
modifications; or any other conditions in conformity with the intent and purpose set
forth in this chapter. (Ord. 1645 S 1, 2005)
18.28.080 Demolition or Movement of Structures or Sites Within the Conservation
District
The demolition or movement of any structure or site within the conservation district shall be
subject to the provisions of this chapter and section. The review procedures and criteria for the
demolition or movement of any structure or site within the conservation district are as follows:
A. 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.
B. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the
Montana Historical and Architectural Inventory and are not within recognized historic
districts or in other ways listed on the National Register of Historic Places, shall be
subject to approval by the Planning Director after review and recommendation of
Administrative Design Review staff or Design Review Board as per Chapters 18.34
and 18.62, and the standards outlined in S 18.28.050. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the
Historic Preservation Planner to reflect current conditions on the site, prior to the
review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest
with the City Commission when proposed in conjunction with a deviation, variance,
conditional use permit, or planned unit development application.
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C. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the Montana
Historical and Architectural Inventory and all properties within historic districts and
all landmarks, shall be subject to approval by the City Commission, through a public
hearing. Notice of the public hearing before the City Commission shall be provided
in accordance with Chapter 18.76. Prior to holding the public hearing, the City
Commission shall receive a recommendation from Administrative Design Review
staff and the Design Review Board. The Montana Historical and Architectural
Inventory Form shall be reviewed and, if necessary, updated by the Historic
Preservation Planner to reflect current conditions on the site, prior to the review of
the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest
with the City Commission.
The City Commission shall base its decision on the following:
1. The standards in 9 18.28.050, 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.
2. If the Commission finds that the criteria of this section are not satisfied,
then, before approving an application to demolish or remove, the
Commission 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:
a. 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.
b. The structure or site has no viable economic or useful life
remaining.
D. 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 B or C of this section.
E. 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.
F. In addition to the remedies in Chapter 18.64, 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. (Ord. 16459 1, 2005)
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18.28.090 Appeals
Aggrieved persons, as defined in Chapter 18.80, may appeal the decision of the Planning
Director or City Commission pursuant to the provisions of Chapter 18.66. In such event, the
issuance of a certificate shall be stayed until the appeal process has been satisfied. (Ord. 1645
S 1, 2005)
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