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HomeMy WebLinkAbout09-16-26 - Historic Preservation Advisory Board - Agendas & Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approval of Minutes(Ruffalo) E. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board THE BOZEMAN HISTORIC PRESERVATION ADVISORY BOARD OF BOZEMAN, MONTANA HPAB AGENDA Wednesday, September 16, 2026 General information about the Historic Preservation Advisory Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the Board or staff. Public comments will also be accepted in-person and through Video Conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Rebecca Harbage, Rebecca.Harbage@bozemanmt.gov This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 973 0055 8356 This is the time to comment on any non-agenda matter falling within the scope of the Historic Preservation Advisory Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Board cannot take action on any item which does not appear on the agenda. All persons 1 F. Action Items F.1 Work Session to Review and Discuss Draft Revisions to Demolition Regulations (George) G. FYI/Discussions H. Adjournment addressing the Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found on their Laserfiche repository page. This board generally meets the 3rd Wednesday of the month from 6:00 to 8:00pm City Board meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. 2 Memorandum REPORT TO:Bozeman Historic Preservation Advisory Board FROM:Trenton Ruffalo SUBJECT:Approval of Minutes MEETING DATE:September 16, 2026 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:Approve with Corrections FISCAL EFFECTS:None Attachments: 081926 HPAB Minutes.pdf Report compiled on: August 24, 2026 3 Bozeman Historic Preservation Advisory Board Meeting Minutes, 08.19.26 Page 1 of 4 THE HISTORIC PRESERVATION ADVISORY BOARD MEETING OF BOZEMAN, MONTANA MINUTES 08.19.26 General information about the Historic Preservation Advisory Board is available in our Laserfiche repository. A) 00:02:50 Call to Order - 6:00 pm Present: James Webster, Ashley Wilson, Michael Wiseman, Lisa Weilbacker, Gary M Limesand Absent: None Excused: Danielle Nicholas, Allyson B Brekke B) 00:05:12 Disclosures 00:05:17 Member Webster: INC Board met last week regarding B3 Height and zone edge transitions meeting C) 00:06:04 Changes to the Agenda D) 00:06:11 Approval of Minutes D.1 Approval of minutes 07152026 HPAB Meeting.pdf 00:07:12 Motion to approve the 07.15.26 Minutes as amended by staff James Webster: Motion Ashley Wilson: 2nd 00:07:30 Vote on the Motion to approve the 07.15.26 Minutes as amended by staff The Motion carried 5 - 0. Approve: James Webster 4 Bozeman Historic Preservation Advisory Board Meeting Minutes, 08.19.26 Page 2 of 4 Ashley Wilson Michael Wiseman Lisa Weilbacker Gary M Limesand Disapprove: None E) 00:07:46 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board F) 00:07:46 Special Presentation F.1 00:07:47 Update on July 28 City Commission Discussion Related to Historic Preservation Projects HP Work Session Slides July 2026.pdf 00:09:10 July 28th Commission Update 00:07:52 Director of Community Development, Erin George and Deputy Director of Community Development, Rebecca Harbage present to the Board G) 00:27:25 Action Items G.1 00:27:25 Consider Making Recommendations to City Commission Regarding Zone Edge Transitions and Maximum Building Height in the B-3 Zoning District 00:27:25 Board discussion with Erin George and Rebecca Harbage Memo re B-3 Height and Transitions Downtown Boards 8-18-2026.pdf 00:44:36 Daniel Carty provides public comment 00:49:06 Natsuki Nakamura provides public comment 00:53:39 Emma Moralesitu provides public comment 00:56:19 Continued board discussion 01:30:45 Zone Edge Transitions discussion 02:30:19 Motion to approve to recommend that the City Commission delete 1A and have building stepback be 12ft from face of the building not the lot line. Lisa Weilbacker: Motion Ashley Wilson: 2nd 02:33:37 Vote on the Motion to approve to recommend that the City Commission delete 1A and have building stepback be 12ft from setback line of the building not the lot line. The Motion carried 5 - 0. Approve: James Webster Ashley Wilson Michael Wiseman 5 Bozeman Historic Preservation Advisory Board Meeting Minutes, 08.19.26 Page 3 of 4 Lisa Weilbacker Gary M Limesand Disapprove: None 02:34:49 Motion to approve recommend to City Commission for landscaping to be required at zone edge transitions in the alleyways between RA & RB zoning districts. Landscaping Ashley Wilson: Motion Lisa Weilbacker: 2nd 02:37:20 Vote on the Motion to approve recommend to City Commission for landscaping to be required at zone edge transitions in the alleyways between RA & RB zoning districts. Landscaping The Motion carried 5 - 0. Approve: James Webster Michael Wiseman Lisa Weilbacker Gary M Limesand Ashley Wilson Disapprove: None 02:37:33 Motion to approve to recommend to City Commission that the height maximum be 70ft in B3 James Webster: Motion Ashley Wilson: 2nd 02:38:00 Vote on the Motion to approve to recommend to City Commission that the height maximum be 70ft in B3 The Motion carried 5 - 0. Approve: James Webster Ashley Wilson Michael Wiseman Lisa Weilbacker Gary M Limesand Disapprove: None 6 Bozeman Historic Preservation Advisory Board Meeting Minutes, 08.19.26 Page 4 of 4 G.2 02:38:49 Work Session to Continue Discussion of Demolition Regulations HPAB Feedback_Demolition Process_07142026.pdf 02:38:51 Erin George presents to the Board 03:22:37 Board discussion H) FYI/Discussions (04:05:18) H.1 Discuss Historic Preservation Awards I) Adjournment (04:06:45) This board generally meets the 3rd Wednesday of the month from 6:00 to 8:00pm 7 Memorandum REPORT TO:Bozeman Historic Preservation Advisory Board FROM:Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Work Session to Review and Discuss Draft Revisions to Demolition Regulations MEETING DATE:September 16, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive a presentation and public comment and discuss draft revisions STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Demolition regulations, which apply within the Neighborhood Conservation Overlay District (NCOD), are part of Bozeman's current Historic Preservation Program and can be found within Bozeman Municipal Code Sec. 38.240.020.H through L. The Local Landmark Project Phase I Report, which was reviewed and discussed by HPAB before being adopted by City Commission in May 2025, included a recommendation to update the existing demolition regulations. Through multiple work sessions earlier this year, HPAB reviewed existing regulations and discussed what's working and what could be improved. The board subsequently provided a list of suggested revisions, which have been reviewed by the project team and Legal staff. In August, the project team shared initial staff, consultant, and legal feedback on the suggestions. This work session will focus on reviewing preliminary draft code language that incorporates recommendations from the Phase I Report as well as suggestions from recent HPAB and City Commission work sessions. Included in the agenda packet are a redline/strikeout version, which shows all revisions in tracked changes, as well as a clean version if the draft revisions were all accepted. The documents are working drafts and subject to change through additional revisions before they are presented to the Community Development Board and City Commission for final review and adoption. UNRESOLVED ISSUES:None 8 ALTERNATIVES:As provided by the Board. FISCAL EFFECTS:Funding for this project was included in the FY27 budget. Attachments: Bozeman_Demolition_Clean_HPAB-091626.docx Bozeman_Demolition_Redline_HPAB-091626.docx Report compiled on: September 10, 2026 9 sec. 38.240.020 – NCOD [Neighborhood Conservation Overlay District] H. Review of demolition or movement of existing structures. 1. The demolition, removal in whole or in part, or relocation of any structure or site 50 years old or older requires documentation as outlined in Section 38.240.020(L). 2. No demolition, removal, or relocation of more than 50% of the gross square footage of the following shall be allowed until after an application for a Certificate of Alteration (COA) has been approved by the review authority and the period of any applicable stay in 38.240.020.H.6 has expired or been terminated: a. historic resources, as defined in Section 38.800.090, or b. any primary structure located within the neighborhood conservation overlay district (NCOD). c. Exception. Upon determination by the chief building official that the property is unsafe in accordance with relevant provisions of the International Existing Building Code as adopted in Chapter 10 of the Bozeman Municipal Code, no COA shall be required. i. Documentation that a property is unsafe must be submitted in a format provided by the community development department and must include a condition assessment of the physical soundness of the structure or site prepared by a licensed architect. ii. Demolition may not proceed without an approved demolition or moving permit under Chapter 10 of the Bozeman Municipal Code. iii. The demolition of unsafe properties may be subject to the public nuisance abatement provisions of Chapter 16 of the Bozeman Municipal Code. Upon the chief building official's determination that the property is unsafe and declaration of a public nuisance, if the property owner does not resolve the unsafe condition, the review authority may initiate and issue a demolition permit so the city may abate a nuisance. iv. If, following review, the chief building official determines the property is not unsafe, the COA requirements of this section apply. 3. An application for a COA must comply with the submittal requirements in 38.710.080 and the noticing requirements in 38.730. 4. Review Findings. In evaluating applications for demolition or movement of a structure under this section, the review authority must make findings regarding the following standards: a. All materials required by 38.710.080 have been submitted. b. Any additional documentation required by the review authority during review has been submitted and approved or conditioned to be provided prior to issuance of a building permit. c. Whether a hardship has been demonstrated in accordance with 38.710.080.C.3.d. 10 d. Whether a stay applies pursuant to H.5 below. e. Within the NCOD, demolition or relocation of an existing structure may not leave the site vacant, except a structure which has been deemed unsafe per 2c above. An application for a COA must include a proposal for subsequent development in compliance with this chapter. i. For purposes of this section, subsequent development means a site plan, or for projects which do not require a site plan, a building permit. ii. Prior to issuance of the demolition or moving permit under Chapter 10 of the Bozeman Municipal Code, the subsequent development permit must have received final approval. iii. Exception. As determined by the review authority, if the previous character of the immediate area did not include buildings or the site is being integrated into a larger approved development, the site may be left vacant. 5. Stay of demolition. For historic resources, upon failure to demonstrate a hardship per 38.710.080.X, the proposed demolition or relocation must be stayed for a period of up to two years from the date of the COA decision. No application for a demolition or moving permit under Chapter 10 of the Bozeman Municipal Code will be accepted until the stay period is terminated. a. An initial one-year stay period goes into effect upon issuance of written denial of the COA application. b. At the end of the initial one-year stay period: i. The applicant may apply to terminate the stay by submitting documentation that alternatives to demolition have been considered actively and in good faith since the COA application was denied. The termination of stay request must be submitted in the format provided by the community development department. ii. For purposes of this section, alternatives to demolition may include but are not limited to listing the property for sale, exploring alternative funding sources for rehabilitation, or considering the feasibility of relocating the structure. iii. If no termination of stay is requested or the review authority denies the request, a second one-year stay period begins upon expiration of the initial one-year period. c. Upon termination of the stay or expiration of the second one-year stay period, an application for a demolition or moving permit may be submitted to the city pursuant to Chapter 10 of the Bozeman Municipal Code. The application must include documentation showing the required stay period expired or was terminated. If all requirements of the demolition or moving permit are satisfied, including documentation of any structure to be demolished, and the review authority has approved the subsequent development, a demolition permit pursuant to Chapter 10 must be granted and no other proceedings under this chapter are required. 11 I. Documentation. 1. Documentation prior to demolition. No structure or site subject to review under this section may be approved for demolition or relocation unless fully documented. Prior to the issuance of a Certificate of Alteration (COA), the applicant shall provide documentation of the resource in a form determined by the community development department. The community development department may establish administrative standards regarding the format, quality, file type, resolution, metadata, and submission of required documentation. 2. At a minimum, a completed documentation package shall include: a. Resource Information. The property address, location, approximate date of construction, historic or common name, if applicable, and a brief description of the resource and its character-defining features. b. Site Documentation. A site plan, survey, or other documentation sufficient to identify the location and orientation of the resource and its relationship to the property and surrounding development. c. Photographic Documentation. Clear, high-resolution photographs of all exterior elevations; significant architectural features and details; and the resource within its site, streetscape, and surrounding context. d. Additional Documentation. When warranted by the significance, rarity, physical characteristics, or level of existing documentation of the resource, the community development department may require additional documentation prior to demolition. Such documentation may include interior photography; measured drawings; documentation of significant architectural features, materials, or construction methods; laser scanning; photogrammetry; three-dimensional digital documentation; or other documentation methods or technologies determined appropriate to adequately record the resource. In determining whether additional documentation is warranted, consideration may be given to the significance and rarity of the resource; its eligibility for individual historic designation; the presence of unusual architectural features, materials, or construction methods; the adequacy of existing documentation; and the extent to which demolition will result in the permanent loss of information important to understanding the history or development of the community. 3. Any structure within the City of Bozeman that is 50 years old or older which is proposed for demolition requires completion of a Montana State historic property record form, prepared by a qualified professional in accordance with 38.710.080.C.3.a, prior to demolition. [The following may be reorganized related to overall violation and enforcement procedures in 38.700, following Legal input] 4. Reconstruction as remedy. In addition to the remedies in 38.700.160, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to a habitable condition prior to such illegal demolition, and in conformance with all applicable codes and regulations. 12 J. Safe condition and good repair. Each property or structure located in the conservation district must be maintained in safe condition and good repair as required in sections 16.02.030 and 16.02.040. Nothing in this section must be construed to prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a building permit. Interior arrangements or alterations to the interior of a building must not be subject to this requirement. Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS sec. 38.710.080 – Certificates of alteration submittal requirements. A. All development proposals requiring certificates of alteration must submit the information in this section in addition to any sketch plan, site plan or special development submittal requirements for the proposal. B. The extent of documentation to be submitted on any project is dictated by the scope of the planned alteration and the information reasonably necessary for the review authority to make its determination. At a minimum, the following items must be included in the submission: 1. Completed application on form provided by the community development department; 2. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures may be submitted and all pictures must be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; 3. Sketch plan or site plan information, as per 38.740; 4. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; 5. Materials and color schemes to be used; 6. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; 7. A schedule of planned actions that will lead to the completed alterations; 8. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community; 9. An illustration showing all internal and external elements of a structure to be removed or altered by a project. All elements to be removed or altered, and to what extent, must be clearly identified and must include those elements to be removed and reinstalled; 13 C. Demolition or relocation. In addition to the items required for a COA application, the following information must be submitted whenever the proposal pertains to the demolition or relocation of an existing structure: 1. For all structures 50 years old or older, documentation as outlined in 38.240.020(L). 2. For any nonconforming structure, an analysis of demolition to determine whether the threshold for loss of protected nonconforming status per 38.790.040.B has been met or surpassed. 3. If the demolition or relocation proposal involves a historic resource, as defined in 38.800.090, the application must include: a. A Montana state historic property record in the format provided by the State Historic Preservation Office, completed within ten years of the application. If the record or inventory form is more than ten years old, the City may require an updated form. i. The record must indicate status as contributing to a historic district or eligibility for listing on the National Register of Historic Places. ii. The record must be completed by a professional who satisfies the professional qualification standards established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61. b. For relocation or movement, information on the new location and details on the relocation and placement process, including but not limited to, specific information on how the structure will be structurally stabilized during movement and at the new location. c. Documentation of any feasible alternatives to demolition. To be considered complete, the application must document consideration of the following alternatives: i. Adaptive reuse and rehabilitation - The property owner or their designee has explored practical new uses for the building or structure. New uses must consider the needs of the property owner, the historic integrity of the building or structure, and the opportunity for economically viable rehabilitation. ii. Transfer of ownership or operations - The property owner has explored offering the structure or site for sale at a reasonable price related to its fair market value. iii. Relocation of building or structure - The property owner has explored opportunities to move or relocate the building or structure to a new historically compatible site. d. Documentation of hardship, if a demolition stay would result in a hardship. All documentation must be prepared by a licensed architect and/or structural engineer. Required documentation includes: i. A condition assessment of the physical soundness of the structure or site in relation to requirements for habitability in the International 14 Existing Building Code as adopted in Bozeman Municipal Code Chapter 10 Article 2; ii. An estimate of the cost to rehabilitate the building to a habitable condition as required by the International Existing Building Code as adopted in Bozeman Municipal Code Chapter 10 Article 2; and iii. An estimate of the costs of demolition and redevelopment to minimum standards with a building of the same type and scale. Division 38.730. – NOTICING. sec. 38.730.020 – Notice requirements for application processing. […] Table 38.730.020-1. Minimum standards for timing, location of noticing area and method of notice. Application Distance Notice Type Non-Ministerial Land Use Permits […] Demolition within the NCOD or of a historic resource None Post on-site Division 38.740. – PLAN REVIEW. sec. 38.740.010 – Introduction. […] C. When a development is proposed within the neighborhood conservation overlay district additional standards apply. In such cases, additional submittal requirements and review procedures apply as outlined in 38.710.080. sec. 38.740.030 – Special development proposals – Additional application requirements, review procedures and review criteria. […] B. Review procedures and review criteria. Additional procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. 38.710.080, Certificate of Alteration; 15 1 Bozeman UDC – Demolition Provisions: Comparison of Current Chapter 38.240.020 (H–M) to Proposed Draft Black text = existing Chapter 38 UDC language. Struck-through red text = language in the current (existing) Chapter 38 that the proposed draft removes or replaces. Underlined blue text = proposed new language in the draft. H. Review of demolition or movement of historic structures or sites existing structures. 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. 1. The demolition, removal in whole or in part, or relocation of any structure or site 50 years old or older requires documentation as outlined in Section 38.240.020(L). 2. No demolition, removal, or relocation of more than 50% of the gross square footage of the following shall be allowed until after an application for a Certificate of Alteration (COA) has been approved by the review authority and the period of any applicable stay in 38.240.020.H.6 has expired or been terminated: a. historic resources, as defined in Section 38.800.090, or b. any primary structure located within the neighborhood conservation overlay district (NCOD). c. Exception. Upon determination by the chief building official that the property is unsafe in accordance with relevant provisions of the International Existing Building Code as adopted in Chapter 10 of the Bozeman Municipal Code, no COA shall be required. i. Documentation that a property is unsafe must be submitted in a format provided by the community development department and must include a condition assessment of the physical soundness of the structure or site prepared by a licensed architect. ii. If, following review, the chief building official determines the property is not unsafe, the COA requirements of this section apply. iii. Demolition may not proceed without an approved demolition or moving permit under Chapter 10 of the Bozeman Municipal Code. iv. The demolition of unsafe properties may be subject to the public nuisance abatement provisions of Chapter 16 of Bozeman Municipal Code. Upon the chief building official's determination that the property is unsafe and declaration of a public nuisance, if the property owner does not resolve the unsafe condition, the review authority may initiate and issue a demolition permit so the city may abate a nuisance. 16 2 3. An application for a COA must comply with the submittal requirements in 38.710.080 and the noticing requirements in 38.730. 4. Review Findings. In evaluating applications for demolition or movement of a structure under this section, the review authority must make findings regarding the following standards: a. All materials required by 38.710.080 have been submitted. b. Any additional documentation required by the review authority during review has been submitted and approved or conditioned to be provided prior to issuance of a building permit. c. Whether a hardship has been demonstrated in accordance with 38.710.080.X. d. Whether a stay applies pursuant to H.5 below. e. Within the NCOD, demolition or relocation of an existing structure may not leave the site vacant. An application for a COA must include a proposal for subsequent development in compliance with this chapter. i. For purposes of this section, subsequent development means a site plan, or for projects which do not require a site plan, a building permit. ii. Prior to issuance of the demolition or moving permit under Chapter 10 of the Bozeman Municipal Code, the subsequent development permit must have received final approval. iii. Exception. As determined by the review authority, if the previous character of the immediate area did not include buildings, or the site is being integrated into a larger approved development, the site may be left vacant. 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. 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. 17 3 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. b. COA approval. (1) Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. The review authority must approve the COA for demolition and subsequent development. (2) Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority must approve the COA for demolition and subsequent development. 5. Stay of issuance. Stay of demolition. If an application for demolition or moving is denied due to failure to meet 38.240.020.I, issuance of a demolition or moving permit must be stayed For historic resources, upon failure to demonstrate a hardship per 38.710.080.X, the proposed demolition or relocation must be stayed for a period of up to two years from the date of the COA decision denial in order to allow the applicant and city to explore alternatives to the demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. No application for a demolition or moving permit under Chapter 10 of the Bozeman Municipal Code will be accepted until the stay period is terminated. The two-year stay may be terminated at any 18 4 point in time if an alternate proposal is approved or if sufficient additional evidence is presented to otherwise satisfy the requirements of this section. (1) Early termination of two-year stay. An owner of property subject to a stay under this section may seek early termination of the stay if the owner demonstrates s/he has actively and in good faith sought alternatives to demolition. These alternatives may include but are not limited to: listing the property for sale as a historic property; actively seeking input from neighborhood groups and interested parties; exploring alternative funding sources for stabilization and/or reconstruction; and offering the property for relocation. a. An initial one-year stay period goes into effect upon issuance of written denial of the COA application. b. At the end of the initial one-year stay period: i. The applicant may apply to terminate the stay by submitting documentation that alternatives to demolition have been considered actively and in good faith since the COA application was denied. The termination of stay request must be submitted in the format provided by the community development department. ii. For purposes of this section, alternatives to demolition may include but are not limited to listing the property for sale, exploring alternative funding sources for rehabilitation, or considering the feasibility of relocating the structure. iii. If no termination of stay is requested or the review authority denies the request, a second one-year stay period begins upon expiration of the initial one-year period. c. (2) If, upon Upon termination of the stay or expiration of the two-year second one-year stay period of demolition, no alternate proposals have been approved or sufficient evidence has not been presented to otherwise terminate the stay, an application for a demolition or moving permit may be submitted presented to the city pursuant to Chapter 10 of the Bozeman Municipal Code. The application must include documentation showing the required stay period expired or was terminated. If all requirements of the demolition or moving permit are satisfied, including documentation of the structure to be moved or demolished of any structure to be demolished, and the review authority has approved the subsequent development and has issued a building permit for the subsequent development, a demolition permit pursuant to Chapter 10 must be granted and no other proceedings under this chapter are required. (3) The two-year of stay does not begin to run if denial of a COA to demolish a historic structure or site is based on the failure of the applicant to make a complete and adequate submittal or to propose a subsequent treatment which complies with the standards of this chapter. d. Standard requirements. (1) Subsequent development of the site must receive zoning approval, building permit approval, and pay all related fees prior to issuance of a demolition permit. (2) Documentation of the structure must be completed and submitted to the historic preservation officer and deemed complete and adequate prior to issuance of a demolition permit per 38.240.020.L. (3) The review authority may require a developer to enter into a development agreement with the city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay zoning district or in a designated historic district. The development agreement may provide for conditions of demolition, timing of reconstruction, and may require the developer to post a surety bond 19 5 naming the city as a beneficiary for not more than 10% of the costs of the overall reconstruction budget as a guarantee that construction of the replacement structure will commence promptly upon completion of the demolition. This requirement is in addition to any other requirement of this code. J. Demolition or movement of a non-historic structure or site in the NCOD. 1. Certificate of appropriateness (COA) for demolition and subsequent development. Required for all properties proposed for demolition or movement of any structure or site. Subsequent development does not include proposals which leave the site without building(s) or structure(s). 2. Public notice. Notice must be provided in accordance with 38.730. 3. Criteria. a. The applicable criteria are the COA criteria of 38.240.020.E. b. The subsequent development must include construction of new building(s) unless the immediately prior character of the area did not include buildings. 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. b. COA approval. (1) Preliminary COA approval — After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. The review authority must approve the COA for demolition and subsequent development. (2) Final COA approval — If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority must approve the COA for demolition and subsequent development. c. Standard requirement. Subsequent treatment of the site must receive zoning approval prior to issuance of a demolition permit. Subsequent treatment may include replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where stormwater runoff and weeds are controlled and landscaping is reestablished. 20 6 K. Demolition or movement of an unsafe structure whether historic or non- historic. 1. Certificate of appropriateness (COA) for demolition and subsequent development. Upon application and the chief building official's determination that the property is unsafe, the review authority may approve demolition and subsequent development. Subsequent development for an unsafe structure may be its replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where stormwater runoff and weeds are controlled. 2. Public notice. Notice must be provided in accordance with 38.730. 3. Nuisance. The demolition of unsafe properties/structures may be subject to the public nuisance abatement provisions of chapter 16, article 2 of this code. Upon the chief building official's determination that the property is unsafe and declaration of a public nuisance if the property owner does not resolve the unsafe condition, the review authority must give final approval on a COA, which may be initiated by the city, and the demolition permit will be issued so the city may abate a nuisance. 4. Initiation. The provisions of this section may be initiated by a land owner; or by the city in accordance with chapter 16, article 2. LI. Documentation and administrative procedures. 1. Documentation prior to demolition. a. All No structures or sites subject to review under this section may be approved for demolition or moving relocation must be unless fully documented. Prior to the issuance of a Certificate of Alteration (COA), the applicant shall provide documentation of the resource in a form determined by the community development department. The community development department may establish administrative standards regarding the format, quality, file type, resolution, metadata, and submission of required documentation. At a minimum, a completed documentation package shall include: 1. Resource Information. The property address, location, approximate date of construction, historic or common name, if applicable, and a brief description of the resource and its character-defining features. 2. Site Documentation. A site plan, survey, or other documentation sufficient to identify the location and orientation of the resource and its relationship to the property and surrounding development. 3. Photographic Documentation. Clear, high-resolution photographs of all exterior elevations; significant architectural features and details; and the resource within its site, streetscape, and surrounding context. 4. Additional Documentation. When warranted by the significance, rarity, physical characteristics, or level of existing documentation of the resource, the community development department may require additional documentation prior to demolition. Such documentation may include interior photography; measured drawings; documentation of significant architectural features, materials, or construction methods; laser scanning; photogrammetry; three-dimensional digital documentation; or other documentation methods or technologies determined appropriate to 21 7 adequately record the resource. In determining whether additional documentation is warranted, consideration may be given to the significance and rarity of the resource; its eligibility for individual historic designation; the presence of unusual architectural features, materials, or construction methods; the adequacy of existing documentation; and the extent to which demolition will result in the permanent loss of information important to understanding the history or development of the community. b. Any structure within the City of Bozeman that is 50 years old or older which is proposed for demolition requires completion of a Montana State historic property record form, prepared by a qualified professional in accordance with 38.710.080.C.3.a, prior to demolition. a. The director of community development must establish by administrative order rules for documentation of non-historic and historic properties. This documentation must be created by a professional who satisfies professional qualification standards for History, Archeology or Architectural History, as established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61. b. Documentation may be submitted as early in the process as the property owner desires to support the requested action, and to further the consideration and review of the request, but not later than prior to issuance of a building permit. 2. Application. A building permit application, in accordance with applicable codes and requirements, must be submitted and approved before any demolition or construction is allowed. 3. Fees. a. All fees and charges applicable to review of the request for demolition and construction of the subsequent development (e.g. parkland, water rights, impact fees) must be paid prior to issuance of a building or demolition permit. b. When required by the city, this must include a financial security in a form approved by the city attorney ensuring completion of the demolition and reclamation of the site to a safe condition. [Consider separate subsection that also references overall violation and enforcement procedures in 38.700 - needs Legal input] 4. Reconstruction as remedy. In addition to the remedies in 38.700.160, the owner of any structure or site that is demolished or moved contrary to the provisions of this section, and any contractor performing such work, may be required to reconstruct such structure or site in a design and manner identical to its condition prior to such illegal demolition or move a habitable condition prior to such illegal demolition, and in conformance with all applicable codes and regulations. M J. Safe condition and good repair. Each property or structure located in the conservation district must be maintained in safe condition and good repair as required in sections 16.02.030 and 16.02.040. Nothing in this section must be construed to prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a building permit. Interior arrangements or alterations to the interior of a building must not be subject to this requirement. sec. 38.710.080. – Certificates of appropriateness alteration submittal requirements. 22 8 A. Submittal requirements for certificates of appropriateness. All development proposals requiring certificates of appropriateness alteration (e.g., located in a neighborhood conservation district or historic property/structure) must submit the following information in this section in addition to any sketch plan, site plan or special development submittal requirements for the proposal:. 1. Neighborhood conservation overlay district and historic property/structures. B. Certain information must be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project is dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items must be included in the submission: 1. a. Completed application on form provided by the community development department; 2. b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures may be submitted and all pictures must be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information; 3. c. Sketch plan or site plan information, as per 38.740; 4. d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration; 5. e. Materials and color schemes to be used; 6. f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; 7. g. A schedule of planned actions that will lead to the completed alterations; 8. h. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community; 9. i. An illustration showing all internal and external elements of a structure to be removed or altered by a project. All elements to be removed or altered, and to what extent, must be clearly identified and must include those elements to be removed and reinstalled; j. If demolition of a historic structure, as defined in article 8, is proposed a structural analysis and cost estimates indicating 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, versus the costs of demolition and redevelopment. Analysis must include cost estimates from more than one general contractor for the work. The cost comparison is between the cost to rehabilitate the structure to a condition which meets the building code standard for occupancy and demolition and construction of a new structure of the same type and scale to building code standards. k. If a building is claimed to be unsafe evidence to support that claim; l. For any nonconforming structure, an analysis of demolition to determine whether the threshold for loss of protected nonconforming status per 38.790.040.B has been met or surpassed; and m. Such other information as may be required by the community development department. 23 9 C. Demolition or relocation. In addition to the items required for a COA application, the following information must be submitted whenever the proposal pertains to the demolition or relocation of an existing structure: 1. For all structures 50 years old or older, documentation as outlined in 38.240.020(L). 2. For any nonconforming structure, an analysis of demolition to determine whether the threshold for loss of protected nonconforming status per 38.790.040.B has been met or surpassed. 3. If the demolition or relocation proposal involves a historic resource, as defined in 38.800.090, the application must include: a. A Montana state historic property record in the format provided by the State Historic Preservation Office, completed within ten years of the application. If the record or inventory form is more than ten years old, the City may require an updated form. i. The record must indicate status as contributing to a historic district or eligibility for listing on the National Register of Historic Places. ii. The record must be completed by a professional who satisfies the professional qualification standards established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61. b. For relocation or movement, information on the new location and details on the relocation and placement process, including but not limited to, specific information on how the structure will be structurally stabilized during movement and at the new location. c. Documentation of any feasible alternatives to demolition. To be considered complete, the application must document consideration of the following alternatives: i. Adaptive reuse and rehabilitation - The property owner or their designee has explored practical new uses for the building or structure. New uses must consider the needs of the property owner, the historic integrity of the building or structure, and the opportunity for economically viable rehabilitation. ii. Transfer of ownership or operations - The property owner has explored offering the structure or site for sale at a reasonable price related to its fair market value. iii. Relocation of building or structure - The property owner has explored opportunities to move or relocate the building or structure to a new historically compatible site. d. Documentation of hardship, if a demolition stay would result in a hardship. All documentation must be prepared by a licensed architect and/or structural engineer. Required documentation includes: i. A condition assessment of the physical soundness of the structure or site in relation to requirements for habitability in the International Existing Building Code as adopted in Bozeman Municipal Code Chapter 10 Article 2; ii. An estimate of the cost to rehabilitate the building to a habitable condition as required by the International Existing Building Code as adopted in Bozeman Municipal Code Chapter 10 Article 2; and iii. An estimate of the costs of demolition and redevelopment to minimum standards with a building of the same type and scale. 24 10 Division 38.730. – NOTICING. sec. 38.730.020 – Notice requirements for application processing. […] Table 38.730.020-1. Minimum standards for timing, location of noticing area and method of notice. Application Distance Notice Type Non-Ministerial Land Use Permits […] Demolition within the NCOD or of a historic structure resource None Post on-site Division 38.740. – PLAN REVIEW. sec. 38.740.010 – Introduction. […] C. When a development is proposed within the neighborhood conservation overlay district additional standards apply. In such cases, additional submittal requirements and review procedures apply as outlined in 38.710.080. […] sec. 38.740.030 – Special development proposals – Additional application requirements, review procedures and review criteria. […] B. Review procedures and review criteria. Additional procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. 38.710.080, Certificate of Appropriateness Alteration; […] 25