HomeMy WebLinkAbout03-31-25 Public Comment - J. Gibson - Public Comment on The GuthrieFrom:Josh Gibson
To:Bozeman Public Comment
Subject:[EXTERNAL]Public Comment on The Guthrie
Date:Monday, March 31, 2025 10:40:36 AM
Attachments:_Public Comment on The Guthrie.docx.pdf
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Thank you,
-- Josh Gibson
140 E Main StreetBozeman MT 59715406-579-7405 Cell
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 as such.
Sincerely,
Josh Gibson
March 31, 2025