HomeMy WebLinkAbout11-03-25 Public Comment - T. Steinway - UDC Requested Edits - Provisional Demo AnalysisFrom:Tyler Steinway
To:Bozeman Public Comment
Cc:Chris Saunders; Rob Pertzborn
Subject:[EXTERNAL]UDC Requested Edits - Provisional Demo Analysis
Date:Monday, November 3, 2025 12:10:40 PM
Attachments:UDC Requested Edits - Provisional Demo Analysis 2025.11.03.pdf
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Good Morning –
Please see the attached for review & consideration starting with the Community Development
Board.
Thank you,
Tyler
Tyler Steinway, AICP | Senior Planner
Intrinsik Architecture, Inc.
106 East Babcock Street Suite 1A Bozeman, Montana 59715
O. 406.582.8988 Direct: 406.426.9568 M. 406.220.8210
3 November 2025
Community Development Board / City Commission
via Email: Csaunders@bozeman.net
RE: Unified Development Code 9/19 Draft
Subject: Request for Amendments: Demolition of Structures
We find additional language should be added to Section 38.240.020.H.3 – Optional provisional
review of demolition – to allow for planning forward.
Significant economic hardship can be created by the presence of ANY existing older structure
with the way the current process is proposed. Having to invest hundreds of thousands of dollars
and many months of time for design before you know if any structure can be replaced, is
unreasonable and can deter significant desired investment and delay the benefits of new
development in the downtown area.
- Certain historic structures have significance and should be preserved in most cases, BUT
- Less significant older structures should not hinder future redevelopment and improvements
that meet established plans and are desirable for the community.
Please see the requested edits on the following page.
Thank you for your considerations,
Intrinsik Architecture
Robert J. Pertzborn, AIA Tyler Steinway, AICP
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-50 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
a. Height;
b. Proportions of doors and windows;
c. Relationship of building masses and spaces;
d. Roof shape;
e. Scale;
f. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
g. Architectural details;
h. Concealment of non-period appurtenances, such as mechanical equipment; and
i. Materials and color schemes (any requirements or conditions imposed regarding color
schemes must be limited to the prevention of nuisances upon abutting properties and
prevention of degradation of features on the property in question. Color schemes may be
considered as primary design elements if a deviation from the underlying zoning is requested).
3. Contemporary, non-period and innovative design of new structures and additions to existing
structures is encouraged when such new construction or additions do not destroy significant
historical, cultural or architectural structures or their components and when such design is
compatible with the foregoing elements of the structure and surrounding structures.
4. When applying the standards of subsections 1 through 3 above, the review authority must be
guided by the design guidelines for the neighborhood conservation overlay district. Application
of the design guidelines may vary by property as explained in the introduction to the design
guidelines. When reviewing a contemporary, non-period, or innovative design for new structures
or additions to existing structures, the review authority must be guided by the design guidelines
for the neighborhood conservation overlay district to determine whether the proposal is
compatible with any existing or surrounding structures.
5. Development in the NCOD must comply with all other applicable development standards of this
chapter.
6. Tax abatement certificate of appropriateness applications are also reviewed with the procedures
and standards established in chapter 2, article 6, division 2.
F. Application requirements for certificates of appropriateness in conservation districts.
Applications for certificates of appropriateness must be made in conjunction with applications for site
plan approval in accordance with 38.740. Where development projects in the conservation district
require only sketch plan review per 38.740, applications for certificates of appropriateness must
be made on a form provided by the community development department, and must include the
information and material set forth in 38.710.
G. Deviations from underlying zoning requirements.
Because the construction of portions of historic Bozeman preceded zoning, subdivision and
construction regulations, some buildings within the conservation district do not conform to
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-51 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
contemporary zoning standards. In order to encourage restoration, rehabilitation and appropriate
new construction activity that would contribute to the overall historic character of the community,
deviations from underlying zoning requirements may be granted as described in 38.760. The criteria
for granting deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in 38.240.020.E, than would be achieved
under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses
thereof; and
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications, or any other conditions in conformity
with the purpose set forth in this section.
H. Review of demolition or movement of historic structures or sites.
1. The demolition or movement of any structure or site must be subject to the provisions of this
article. This process applies to:
a. Historic properties and sites, as defined in article 8.
b. Non-historic properties per 38.240.020.J.
c. Unsafe structures whether historic or non-historic per 38.240.020.K. The provisions for
unsafe structures take priority over other provisions for demolition.
2. An application to move or demolish a structure subject to this article must follow the applicable
review procedures.
3. Optional provisional review of demolition. A property owner may request provisional review of
the proposed demolition of a structure subject to this article prior to submittal of a certificate of
appropriateness application for seeking demolition of the structure. The director of community
development may establish criteria for the application for provisional review of demolition.
Provisional review is advisory only and does not constitute approval to demolish a structure.
Provisional review must consider:
a. The property's historic significance and a neighborhood's historical significance.
b. Whether the structure has no viable economic life remaining. "No viable economic life
remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in article 10.02, exceed the costs
of demolition and redevelopment to minimum standards with a building of the same type and
scale.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-52 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
I. Demolition or movement of a historic structure or site.
1. Certificate of appropriateness (COA) for demolition and subsequent development.
Approval of the proposed subsequent development is required for all historic structures proposed
for demolition and for the proposed movement of any structure or site.
2. Public notice.
Proposals for demolition of historic properties within the city limits require public notice. Notice
of application(s) must be provided in accordance with 38.730.
3. Criteria.
The review authority must consider the following factors in evaluating applications for demolition
or movement of a historic structure or site and subsequent redevelopment:
a. The property's historic significance.
b. Whether the structure has no viable economic life remaining. "No viable economic life
remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in article 10.02, exceed the costs
of demolition and redevelopment to minimum standards with a building of the same type and
scale.
c. Whether the subsequent development complies with 38.240.020.E.
d. Whether the subsequent development includes construction of new building(s) unless the
existing character of the area does not include buildings.
e. Subsequent development requires a building permit and does not include proposals which
leave the site without building(s) or structure(s).
Notwithstanding the above, for projects proposing the removal of a historic structure, which do
not qualify for sketch plan review pursuant to 38.740.060, the review authority may determine
the proposed subsequent site development is more appropriate for the site based on the criteria
in 38.740.090.
4. Review process.
a. Application.
Upon application for a COA for demolition and subsequent development the review authority
may:
(1) Grant preliminary or final approval of the demolition with standard contingencies and/or
project specific conditions.
(2) Deny the COA application.