HomeMy WebLinkAbout10-19-25 Public Comment - Z. Osman - FOR Community Development Board_ Current Code Does Not Allow UpzoningFrom:Zehra Osman
To:Bozeman Public Comment
Cc:Erin George; Jennifer Madgic
Subject:[EXTERNAL]FOR Community Development Board: Current Code Does Not Allow Upzoning
Date:Sunday, October 19, 2025 11:30:14 PM
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(Please insure that each community development board member receives this public comment well before
tomorrow's board meeting so that they may have an opportunity to understand public feedback. Their
emails are not provided on the City directory)
Chairman Happle, Commissioner Madgic, Director George, and members of the Community Development
Board,
My public comment below is separated into five parts. I begin with my recommendations regarding
upzoning (for your convenience). This is followed by references that support my recommendation —
specifically those sections of Bozeman’s Current Municipal Code that references 36 CFR Part 68, Secretary
of the Interior’s Standards for the Treatment of Historic Properties. I urge you to read my list of these
standards below, which also include links to to the standards.
I. Strong Recommendations Against Upzoning
II strongly recommend that the proposed R-A zoning district remain at a duplex by right, and allow the
Existing Building Alternative to stand as currently described in the draft.
Do NOT upzone R-A to 4 units by right. With no minimum lot size, and new ADU allowances, plenty of
gentle infill can occur in R-A while maintaining the character of existing neighborhoods. The Existing
Building Alternative is an elegant compromise created with the neighborhoods, residents, staff and
commissioners. Let it stand.
Do NOT upzone R-B to allow 12 units. The community time and time again has shown up asking for NO
UPZONING! Increasing development entitlement increases property taxes, incentivises demolition and
redevelopment resulting in gentrification and a loss of economic diversity in core neighborhoods. The 3
story, 12 unit, single stair structures architects and developers are lobbying for can be built in proposed R-C
and above. R-B at 8 units does allow for Missing Middle Housing.
Please continue to honor the neighborhood-led rezoning proposals for the Bon Ton and Centennial
neighborhoods to become R-A as currently shown in the Draft UDC. These residents have spent countless
hours organizing, educating, and drafting professional proposals at the invitation of Director George.
Montana Code makes ample provision for nonconforming structures to continue current use and conduct
maintenance. These neighborhoods are part of our cultural heritage and history and the current residents are
stewards of these community assets. Please respect their desire to carry out those stewardship
responsibilities by conserving these areas for future generations with the requested R-A zoning, and the
Existing Building Alternative currently in the draft UDC.
II. Here’s What Bozeman’s Municipal Code Says About Upzoning Within the NCOD:
By referencing the Secretary of the Interior's Standards for the Treatment of Historic Properties, Bozeman's
current Municipal Code has specific standards that restrict upzoning within the NCOD.
Municode Library
library.municode.com
"Sec. 38.340.050. - Standards for certificates of appropriateness.
A. All work performed in completion of an approved certificate of appropriateness must be in
conformance with the most recent edition of the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park
Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. …"
Since this calls for the MOST RECENT edition of the Secretary of the Interior’s Standards for the
Treatment of Historic Properties (SOI STDS), I present the 2017 edition below.
III. 36 CFR Part 68. Secretary of the Interior’s Standards for the Treatment of Historic Properties(SOI STDS):
During a presentation on April 1, 2025, city staff made an incorrect comment that the Secretary of the
Interior Standards for the Treatment of Historic Properties (SOI STDS) was intended to address only
alterations to existing historic buildings and that they did not apply to new construction. This is incorrect. I
would like to present some important links that support the fact that:
The city municipal code references and applies not only the standards within the SOI STDS , it also
applies the SOI STD guidelines
The SOI STDS absolutely apply to all historic property types, including buildings, structures,
objects, districts, and sites.
The SOI STDS address the the property and its environment, which includes the building site, setting
(district/neighborhood).
Within the SOI STDS: “Setting (District/Neighborhood): The setting is the larger area or
environment in which a historic building is located. It may be an urban, suburban, or rural
neighborhood or a natural landscape in which buildings have been constructed. The relationship of
buildings to each other, setbacks, fence patterns, views, driveways and walkways, and street trees
and other landscaping together establish the character of a district or neighborhood.”
https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-preservation-
rehabilitation.pdf
Here’s what the SOI STDS says about new construction and how the SOI STDS applies to all 5 property
types including buildings, structures, sites, districts, and objects:
“the revised standards may be applied to all historic resource types, including buildings, sites,
landscapes, structures, objects and districts.” https://www.govinfo.gov/content/pkg/FR-1995-
07-12/pdf/95-16953.pdf
Regarding Rehabilitation Standard #9: “New additions, exterior alterations or related new
construction will not destroy historic materials, features and spatial relationships that
characterize the property. The new work will be differentiated from the old and will be
compatible with the historic materials, features, size, scale and proportion, and massing to
protect the integrity of the property and its environment.
https://www.govinfo.gov/content/pkg/FR-1995-07-12/pdf/95-16953.pdf
“It is possible to add new construction within the boundaries of historic properties if site
conditions allow and if the design, density, and placement of the new construction respect the
overall character of the site. According to the Secretary of the Interior’s Standards for
Rehabilitation – Standard 9 in particular – and the Guidelines for Rehabilitating Historic
Buildings, new construction needs to be built in a manner that protects the integrity of the
historic building(s) and the property’s setting.”
https://www.nps.gov/subjects/taxincentives/new-construction-in-historic-properties.htm
"The Secretary of the Interior’s Standards for the Treatment of Historic Properties apply to all
grants-in-aid projects assisted through the Historic Preservation Fund (authorized by the
NHPA) and are intended to be applied to a wide variety of resource types, including
buildings, sites, structures, objects, and districts.”
https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-preservation-
rehabilitation.pdf
“The section on exterior additions to historic buildings in the Rehabilitation Guidelines has
been broadened also to address related new construction on a building site.”
https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-preservation-
rehabilitation.pdf
Within the SOI STDS: “Setting (District/Neighborhood): The setting is the larger area or
environment in which a historic building is located. It may be an urban, suburban, or rural
neighborhood or a natural landscape in which buildings have been constructed. The
relationship of buildings to each other, setbacks, fence patterns, views, driveways and
walkways, and street trees and other landscaping together establish the character of a district
or neighborhood.” https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-
preservation-rehabilitation.pdf
Please note in the above item that street trees and other landscaping are part of the character
of a district or neighborhood.
IV. The NCOD contains many historic properties that have been listed or determined eligible forlisting on the National Register of Historic Places.https://bozeman.maps.arcgis.com/apps/webappviewer/index.html?id=e23fc824ee954e819268e744447d00bb
Therefore, those properties (buildings, structures, historic districts, sites, and objects) that have been
determined eligible for the National Register of Historic Places (most have), are required to be treated as if
they are already listed on the National Register of Historic Places. Due to the nature of neighborhoods,
many individual buildings determined eligible for listing in the National Register of Historic Places exist
alongside other historic buildings that have also been determined eligible. Therefore, this ensemble of
historic residences on a city block would be considered historic districts, which are defined as a
geographically defined area—urban or rural—that contains a concentration of historic properties.
The setting/environment of a historic property is an important part of its character.
“new construction so that it does not negatively impact the historic character of the building
or its site.” https://www.nps.gov/orgs/1739/upload/treatment-guidelines-2017-part1-
preservation-rehabilitation.pdf
If there is a potential historic district around these properties, who (City, Project Proponent, or
residents) has to first evaluate the property’s NR eligibility before determining the effect the
project will have and issuing a certificate of appropriateness?
It is an undue burden to require residents to spend their own resources to evaluate a
property’s NR Eligibility when it’s the developer/project proponent who is proposing
and benefitting from the project.
If there isn’t anything in the Code that requires identification of historic properties
affected by the project, please include this as park of the updated UCD (with funding
from the developer or from the City).
V. QUALIFICATIONS OF THE HISTORIC PRESERVATION OFFICER: Please note that the above
information must be applied and interpreted by a City Staff member who must have certain qualifications.
The Bozeman Municipal Code (Code) also states that Qualifications of the Historic Preservation Officer:
Municode Library
library.municode.com
"B. The preservation officer shall satisfy the Secretary of the Interior's Professional Qualification
Standards.”
D. Secretary of the Interior’s Professional Qualification Standards:
Since the Code references these standards, here is what they say about historic architecture:
https://www.nps.gov/articles/sec-standards-prof-quals.htm
"Historic Architecture
The minimum professional qualifications in historic architecture area professional degree in architecture or
a State license to practice architecture, plus one of the following:
1. At least one year of graduate study in architectural preservation, American architectural history,
preservation planning, or closely related field; or
2. At least one year of full-time professional experience on historic preservation projects.
Such study or experience shall include detailed investigations of historic structures, preparation of
historic structures research reports, and preparation of plans and specifications for preservation
projects."
Therefore, a Historic Preservation Officer who meets these qualifications should be the one who interprets
and applies these standards. If they do not, then the City is not complying with code. Members of CitizenAdvisory Boards, city planners, and city staff who do not meet these standards do not have the
qualifications to be able to interpret and apply the SOI STDS.
In conclusion, as you can see by the information presented above, the current Bozeman Municipal Code and
its reliance on the SOI STDS requires compatibility and therefore proposed changes to the UDC and any
proposed upzoning within the NCOD must comply with that code as shown above. Additionally, proposed
alterations within the NCOD must be interpreted and applied by a historic preservation officer who meets
the referenced qualification, as required by Bozeman’s Municipal Code.
Thank you,
Zehra Osman
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