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HomeMy WebLinkAbout11-19-24 Public Comment - D. Carty - Historic Preservation Advisory Board meeting, Wed, Nov 20, 2024From:Daniel Carty To:Bozeman Public Comment Cc:Jennifer Madgic; Sarah Rosenberg Subject:[EXTERNAL]Historic Preservation Advisory Board meeting, Wed, Nov 20, 2024 Date:Tuesday, November 19, 2024 6:13:03 AM Attachments:SB0407.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. (Please place the following public comment in the Historic Preservation Advisory Board folder for the HPAB meeting on Nov 20, 2024. Thank you.) Nov 19, 2024; 6:15am I am writing to comment on HPAB Agenda Item F.1: Discussion on SB407 and SB382 in order to provide a perspective different from the one the HPAB may hear from the City (as follows): I. MT SB407 (pdf attached) indicates the HPAB does have some development-review authority. "(8) (a) Except as provided in subsection (8)(b), when reviewing an application for a zoning permit or variance from local design review standards, the determination of compliance with local design review standards as provided in subsection (5) must be conducted by employees of the municipality, and the municipality may not require review by an external board." "(8) (b) Subsection (8)(a) does not apply to historic preservation boards reviewing an application for a permit or variance to structures or districts that the local government has designated as historic or that are listed on the national register of historic places as defined in the National Historic Preservation Act of 1966 as it read on [the effective date of this act]." II. MT SB382 (aka The Montana Land Use Planning Act) is being challenged in Gallatin County District Court by MAID LLC, in part because SB382 may violate the following five sections of the MT Constitution: (1) Article II. Declaration Rights, Section 4. Individual Dignity. No person shall be denied the equal protection of the laws; (2) Article II. Declaration of Rights, Section 8. Right of Participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law; (3) Article II. Declaration of Rights, Section 9. Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure; (4) Article II. Declaration of Rights, Section 17. Due Process of Law. No person shall be deprived of life, liberty, or property without due process of law; and (5) Article XI. Local Government, Section 6. Self-Government Powers. A localgovernment unit adopting a self-government charter may exercise any power not prohibited by this constitution, law, or charter. To reiterate and conclude: (1) MT SB407 appears to give the HPAB some development-review authority, and (2) MT SB382 may violate up to five sections of the MT Constitution. Thank you for the opportunity to comment. Daniel Carty 213 N. 3rd Ave Bozeman, MT 59715 dgc12@hotmail.com - 2023 68th Legislature 2023 SB0407 - 1 - Authorized Print Version – SB 407 ENROLLED BILL AN ACT REVISING MUNICIPAL ZONING LAWS; PROHIBITING A MUNICIPALITY FROM USING AN EXTERNAL BOARD WHEN REVIEWING PERMITS OR VARIANCES; AND AMENDING SECTION 76-2-302, MCA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 76-2-302, MCA, is amended to read: "76-2-302. Zoning districts. (1) For the purposes of 76-2-301, the local city or town council or other legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. (2) All regulations must be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (3) In a proceeding for a permit or variance to place manufactured housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely affect property values of conventional housing. (4) As used in this section, "manufactured housing" means a single-family dwelling, built offsite in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101. (5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part - 2023 68th Legislature 2023 SB0407 - 2 - Authorized Print Version – SB 407 ENROLLED BILL 2. Local design review standards imposed by a local government must be clear, objective, and necessary to protect public health or safety or to comply with federal law. (6) Zoning regulations may not include a requirement to: (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices. (7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices. (8) (a) Except as provided in subsection (8)(b), when reviewing an application for a zoning permit or variance from local design review standards , the determination of compliance with local design review standards as provided in subsection (5) must be conducted by employees of the municipality, and the municipality may not require review by an external board. (b) Subsection (8)(a) does not apply to historic preservation boards reviewing an application for a permit or variance to structures or districts that the local government has designated as historic or that are listed on the national register of historic places as defined in the National Historic Preservation Act of 1966 as it read on [the effective date of this act]." - END - I hereby certify that the within bill, SB 407, originated in the Senate. ___________________________________________ Secretary of the Senate ___________________________________________ President of the Senate Signed this _______________________________day of____________________________________, 2023. ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2023. SENATE BILL NO. 407 INTRODUCED BY S. MORIGEAU, G. HERTZ, M. DUNWELL, E. BOLDMAN, C. FRIEDEL, F. MANDEVILLE AN ACT REVISING MUNICIPAL ZONING LAWS; PROHIBITING A MUNICIPALITY FROM USING AN EXTERNAL BOARD WHEN REVIEWING PERMITS OR VARIANCES; AND AMENDING SECTION 76-2-302, MCA.