HomeMy WebLinkAbout03-31-25 Public Comment - C. Forest - In support of the Gutherie appeal 25033From:Chris Forest
To:Bozeman Public Comment
Subject:[EXTERNAL]In support of the Gutherie appeal 25033
Date:Sunday, March 30, 2025 9:10:23 PM
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To Whom It May Concern,
I am writing to emphasize that the Neighborhood Conservation Overlay District (NCOD) is not merely advisory—it
is adopted city code, and its Design Guidelines are mandatory for all development within its boundaries.
Misrepresenting this legal framework undermines decades of carefully developed preservation efforts and threatens
the unique character of Bozeman’s historic neighborhoods.The NCOD Design Guidelines were adopted by reference
into the Unified Development Code (UDC) under Section 38.110.010(B) and must be enforced as though printed in
full. Further, Section 38.100.050(A) clearly states that where there is a conflict between code provisions, the most
restrictive requirements govern. This means the NCOD Guidelines supersede base zoning—period.The city’s claim
that the Guidelines are non-compulsory contradicts decades of enforcement precedent and Bozeman Municipal
Code. Staff’s argument appears rooted in a misinterpretation of the term “should” and intentionally designed
flexibility built into the NCOD Design Guidelines. However, the Guidelines themselves clarify in Appendix B: “If
the term ‘should’ appears in a design guideline, compliance is required.” Only in rare, justified cases may the city
waive compliance of a design guideline, and even so the policy objective still must be met.Overlay districts like the
NCOD exist throughout the country precisely to impose stricter, area-specific controls. Bozeman is no exception.
Staff cannot unilaterally choose to disregard codified guidelines—doing so is not only an administrative overreach,
it borders on illegal legislative action.Finally, reducing the NCOD’s authority by selectively applying or
“considering” guidelines opens the door for incompatible development—introducing height, mass, and scale that
dwarfs surrounding structures and erodes neighborhood integrity. This is not how thoughtful preservation works.
The city must follow its own laws.Bozeman's identity is intertwined with its historic built environment. The NCOD
is not optional. It is binding law, and it must be enforced.
Sincerely,
Chris Forest
March 30, 2025
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