HomeMy WebLinkAbout05-29-26 Public Comment - Z. Osman - Public Comment for Historic Preservation Advisory Board Meeting 5_20_26From:Zehra Osman
To:Jim Webster; Chelsea Holling; mike@arch118.com; allycaroline@gmail.com; ashleyharville@yahoo.com; MitchellKorus
Cc:Bozeman Public Comment; Erin George; Rebecca Harbage; Alison Sweeney
Subject:[EXTERNAL]Public Comment for Historic Preservation Advisory Board Meeting 5/20/26
Date:Wednesday, May 20, 2026 11:09:11 AM
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Honorable Historic Preservation Advisory Board Members, City Staff, and CityCommissioner Sweeney,
I am writing this public comment for the May 20, 2026 Historic Preservation Advisory Board
(HPAB) meeting's session regarding the Local Landmark Project. I am referencing the currentcode (12/16/2025 UDC) and also referencing the most recent Secretary of the Interior's
Standards (2017) sections located at the end of this letter for your convenience.
STANDARDS VS GUIDELINES: At the April 15, 2026 HPAB meeting session, DeputyDirector Harbage and Director George stated that there would be new terminology definitions
that essentially make standards synonymous with guidelines and that neither would becompulsory. This is going to create confusion and is contrary to industry practices.
Typically, and especially with respect to the stewardship of historic properties, "standards" are
a series of mandatory concepts about maintaining, repairing, and replacing historic materials,as well as designing new additions or making alterations to historic properties (districts,
buildings, structures, sites, and objects). "Guidelines" apply the standards and describespecific treatments that do and do not meet the standards. They offer general design and
technical recommendations to assist in applying the standards to a specific property. Together,the standards and guidelines provide a framework and guidance for decision-making about
work or changes to a historic property.Standards establish regulatory requirements for the treatment of historic properties, while
guidelines provide non-regulatory, advisory best practices. Both are anchored by TheSecretary of the Interior's Standards and Guidelines, which shape how historic and
archeological properties are treated nationwide.
For your convenience, I have included those sections of the most recent Bozeman MunicipalCode that utilizes the words "standards" and "guidelines" to demonstrate how we've all
understood the code for NCOD to work. Also included is the UDC's reference to the mostrecent version Secretary of the Interior's Standards, and those sections of these standards that
speak to how they are to be applied. These are located below.
NEW CONSTRUCTION: At the April 15, 2026 HPAB meeting, a community developmentdivision staff member stated that the Secretary of the Interior's Standards for the Treatment of
Historic Properties do not apply to new construction. This is incorrect. Perhaps the communitydevelopment division missed the sections within the 2017 Secretary of the Interior's Standards,
which state that the standards apply to districts and that the standards for rehabilitation applyto new construction within districts (and setting). I've included these below for your
convenience.
Below, I've included the Secretary of the Interior's Standards for the Treatment of Historic
Properties sections that relate to this discussion. These standards include 4 treatments:Preservation, Rehabilitation, Restoration, and Reconstruction. Rehabilitation is the only
treatment that addresses change, alterations, new construction, etc. Please note that "historicproperties" include 5 property types: buildings, sites, structures, districts, and objects,
which is important because alterations to a "district" includes the construction of newbuildings.
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 theoverall character of the site. According to the Secretary of the Interior’s Standards for
Rehabilitation – Standard 9 in particular – new construction needs to be built in a mannerthat protects the integrity of the historic building(s) and the property’s setting.
I look forward to joining you on this Phase II of the Local Landmark Project, including the
updates of the NCOD Guidelines and making sure we are in concert with the historic propertystewardship intentions, laws, codes, and commitments we've made as a nation and also to each
other.
Respectfully,
Zehra Osman59718
REFERENCES:
I. Chapter 38 Bozeman Unified Development Code (12/16/25)Section 38.240.020. - NCOD [Neighborhood Conservation Overlay District] (Note: the
word "standards" removed in this version of the title).
Section 38.240.020 (A) Purpose.
Sec. 38.240.020(A)1. All new construction, alterations to existing structures, movement ofstructures into or out of the neighborhood conservation overlay district, referred to as the
conservation district, or demolition of structures by any means or process will be subject todesign review unless specifically exempted...
Sec. 38.240.020(A)2. "This section defines and sets standards which apply to theconservation district."
Sec. 38.240.020(A)3. ...."New construction will be invited and encouraged provided primaryemphasis is given to the preservation of existing buildings and further provided the design of
such new space enhances and contributes to the aesthetic character and function of theproperty and the surrounding neighborhood or area."...
Sec.38.240.020(A)5. ..."This section sets the means of protecting and enhancing structureswithin the conservation district."...
Sec.38.240.020(E) Standards for certificates of appropriateness.
1. "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 andReconstructing Historic Buildings, published by U.S. Department of the Interior, National
Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,Washington, D.C. (available for review at the community development department)."
3. "Contemporary, non-period and innovative design of new structures and additions toexisting structures is encouraged when such new construction or additions do not destroy
significant historical, cultural or architectural structures or their components and when suchdesign 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 fornew 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 theproposal is compatible with any existing or surrounding structures."
Sec38.240.020(G) 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 tocontemporary zoning standards. In order to encourage restoration, rehabilitation and
appropriate new construction activity that would contribute to the overall historic character ofthe community, deviations from underlying zoning requirements may be granted as described
in 38.760."...
II. Secretary of the Interior's Standards for the Treatment of HIstoric Properties (mostrecent version- 2017)
Page 2 of 252: "The Secretary of the Interior’s Standards for the Treatment of HistoricProperties...are intended to be applied to a wide variety of resource types, including buildings,
sites, structures, objects, and districts."
Page 12 of 252: Using the Standards and Guidelines for Preservation, Rehabilitation,Restoration, and Reconstruction Projects
Paragraph 1: "These Standards apply not only to historic buildings but also to a wide
variety of historic resource types eligible to be listed in the National Register of HistoricPlaces. This includes buildings, sites, structures, objects, and districts."
Page 12 of 252 (Introduction): ..."Guidelines, however, are developed to help apply the
Standards to a specific type of historic resource."... "The Guidelines are intended as an aid toassist in applying the Standards to all types of historic buildings. They are not meant to give
case-specific advice or address exceptions or unusual conditions. They address both exteriorand interior work on historic buildings. Those approaches to work treatments and techniques
that are consistent with The Secretary of the Interior’s Standards for the Treatment of HistoricProperties are listed in the “Recommended” column on the left; those which are inconsistent
with the Standards are listed in the “Not Recommended” column on the right."
Page 86 of 252: Rehabilitation
Standards for Rehabilitation 1. A property will be used as it was historically or be given a new use that requires minimal
change to its distinctive materials, features, spaces and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of
distinctive materials or alteration of features, spaces and spatial relationships thatcharacterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place and use. Changesthat create a false sense of historical development, such as adding conjectural features or
elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be
retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of
craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature will match the oldin design, color, texture and, where possible, materials. Replacement of missing features will
be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means
possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be
disturbed, mitigation measures will be undertaken. 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 willbe 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. 10. New additions and adjacent or related new construction will be undertaken in such a
manner that, if removed in the future, the essential form and integrity of the historic propertyand its environment would be unimpaired.
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