HomeMy WebLinkAbout04-01-25 Public Comment - S. Casto - Guthrie Appeal #25033From:Sean Casto
To:Bozeman Public Comment
Subject:[EXTERNAL]Guthrie Appeal #25033
Date:Tuesday, April 1, 2025 11:51:56 AM
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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 as such.
Sincerely,
Sean K Casto
4/1/2025