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HomeMy WebLinkAbout10-13-26 - 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 Tuesday, October 13, 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 Bozeman Municipal Code Related to Historic Preservation(Burke) 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:October 13, 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: 091626 HPAB Minutes.pdf Report compiled on: September 23, 2026 3 Bozeman Historic Preservation Advisory Board Meeting Minutes, 09.16.26 Page 1 of 2 THE HISTORIC PRESERVATION ADVISORY BOARD MEETING OF BOZEMAN, MONTANA MINUTES 09.16.26 General information about the Historic Preservation Advisory Board is available in our Laserfiche repository. A) 00:04:48 Call to Order - 6:00 pm Present: Danielle Nicholas, James Webster, Ashley Wilson, Michael Wiseman, Lisa Weilbacker, Allyson B Brekke, Gary M Limesand Absent: None Excused: None B) 00:07:11 Disclosures C) 00:07:17 Changes to the Agenda D) 00:07:21 Approval of Minutes D.1 Approval of Minutes 081926 HPAB Minutes.pdf 00:07:27 Motion to approve the minutes of 08.19.26 HPAB meeting James Webster: Motion Ashley Wilson: 2nd 00:07:37 Vote on the Motion to approve the minutes of 08.19.26 HPAB meeting The Motion carried 6 - 0. Approve: 4 Bozeman Historic Preservation Advisory Board Meeting Minutes, 09.16.26 Page 2 of 2 Danielle Nicholas James Webster Ashley Wilson Michael Wiseman Lisa Weilbacker Gary M Limesand Abstain: Allyson Brekke Disapprove: None E) 00:08:01 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board F) 00:08:48 Action Items F.1 00:08:51 Work Session to Review and Discuss Draft Revisions to Demolition Regulations Bozeman_Demolition_Clean_HPAB-091626.docx Bozeman_Demolition_Redline_HPAB-091626.docx 00:09:02 Director of Community Development Erin George, and Deputy Director Rebecca Harbage present to the Board 01:21:45 Board discussion G) 02:44:27 FYI/Discussions 02:44:39 Historic Preservation Awards discussion 02:45:04 October HPAB meeting is rescheduled to Tuesday, October 13th at 6:00pm 02:45:49 Montana Main Street grant information exploration 02:47:38 INC met last Thursday with Bozeman Mayor and Deputy Mayor H) 02:49:52 Adjournment This board generally meets the 3rd Wednesday of the month from 6:00 to 8:00pm 5 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 Bozeman Municipal Code Related to Historic Preservation MEETING DATE:October 13, 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:As part of the ongoing Local Landmark Project, the Community Development Department and project consultants, Community Planning Collaborative, have drafted revisions to sections of the Bozeman Municipal Code that relate to historic preservation topics. In addition to revised language, the draft revisions propose to update the code to better align with current organization of the Unified Development Code, which would relocate several of the regulations currently contained in Section 38.240.020 - NCOD [Neighborhood Conservation Overlay District] to other sections of the UDC. Revised code sections to be discussed during this work session include: Sec. 38.240.020. - NCOD [Neighborhood Conservation Overlay District] Sec. 38.710.080. - Certificates of Appropriateness Sec. 38.760.040. - Administrative Deviations New Sec. 38.770.040. - Special District Designation or Recission Sec. 2.05.850., et seq. - Historic Preservation Advisory Board Two further sections will be considered at a future meeting and include: Sec. 38.740.070. - Certificates of Appropriateness - Additional Review Procedures and Review Criteria New Sec. 38.570.010., et seq. - Historic Preservation Design Standards Included in the agenda packet are redline/strikeout versions, which show all proposed revisions in tracked changes, as well as clean versions that show the revised code if the draft revisions were all accepted. The documents are working drafts and subject to change through additional revisions before 6 they are presented to the Community Development Board and City Commission for final review and adoption. UNRESOLVED ISSUES:Draft code sections continue to be reviewed by the City's project team and legal counsel and may be revised further as needed. ALTERNATIVES:As provided by the Board FISCAL EFFECTS:Funding for this project was included in the FY27 budget. Attachments: DRAFT HP Revised Code Sections - HPAB 101326 - Redline.pdf DRAFT HP Revised Code Sections - HPAB 101326 - Clean.pdf Report compiled on: October 7, 2026 7 PART II - CODE OF ORDINANCES Chapter 38 - UNIFIED DEVELOPMENT CODE ARTICLE 2. - ZONING DISTRICTS DIVISION 38.240. – SPECIAL DISTRICTS Struck-through red text = language in the current Bozeman UDC that the proposed draft removes or replaces. Underlined blue text = new language appearing in the proposed draft. Division 38.240. – SPECIAL DISTRICTS Section 38.240.010 – Purpose Special zoning districts, including overlay districts, allow the City to establish specific land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental or historic resource considerations. Special zoning districts are in combination with the underlying (base) zoning district regulations. Special districts are intended to be applied only where unique circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives. Section 38.240.0120. – PLI [Public Lands & Institutions] (remains unchanged) Section 38.240.0230 – NCOD [Neighborhood Conservation Overlay District] A.Purpose 1.The Neighborhood Conservation Overlay District, hereinafter referred to as the NCOD, is intended to stimulate the restoration and rehabilitation of structures and all other elements contributing to the character and fabric of established residential, commercial, or industrial areas. This section defines and sets standards which apply to properties within the NCOD. 6.2. It is further the purpose of the conservation district NCOD designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic districts and landmarks, or other built or natural features for the educational, cultural, or economic benefit or enjoyment of citizens residents of the city. It will be the policy and responsibility of the administrative entities of this section The NCOD designation is further intended to: a.Protect, preserve, and enhance and regulate historic or cultural resources historically significant structures, archaeological or cultural sites, and areas that: (1)Are reminders of past eras, events or persons important in local, state or national history; (2)Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; (3)Are unique or irreplaceable assets to the city and its neighborhoods; (4)Provide examples of physical surroundings in which past generations lived; or (5)Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; b.Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 1 of 15 8 c.b. Develop and maintain the appropriate environment for buildings, structures, sites, and areas that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; d.c. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; and e.d. Seek to m Maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to: lighting, pathways, street trees, natural areas and other character- defining features that may, from time to time, be identified by the citizens and property owners' of neighborhoods, areas and subsections thereof. 1.All new construction, alterations to existing structures, movement of structures 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 to design review unless specifically exempted. The recommendations of the administrative design review staff must be given careful consideration in the final action of the review authority. 2.This section defines and sets standards which apply to the conservation district. 3.3. The purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be is invited and encouraged, provided primary emphasis 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 the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. 4.4. In view of the fact that most of the areas included within the boundaries of the conservation district NCOD was may have been developed and built out prior to the adoption of contemporary zoning and contemporary subdivision regulations, the construction, development patterns, and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This section recognizes that this diversity is often a contributing element of the historic character of these neighborhoods or areas. The provisions of this section must be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. 5.The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places. and includes the nine designated historic districts and 40 individual landmarks. The district boundary may be revised as additional cultural resource survey work is completed. This section sets forth the means of protecting and enhancing the conservation district. 7.It is further the purpose of this article to protect historic structures and sites as defined in article 8 by requiring any person seeking to demolish or move a historic structure or site to comply with section 38.740.070 whether or not the structure is located within the NCOD. DELETED: Section B > MOVING TO 38.740.070 PLAN REVIEW B.Administrative design review staff powers and duties within conservation districts. 2 of 15 9 1.The staff will review and make recommendations to the review authority regarding development within the neighborhood conservation district in order to maintain the underlying and desirable characteristics of structures and areas within such districts, while recognizing the need for innovation and individual expression in the development of these districts. 2.In carrying out this mission, in addition to the duties established in division 38.700 of this chapter, the staff must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties, and to review any proposed action or development utilizing these abatement or incentive programs. DELETED: Section C > MOVING TO 38.770.040 TEXT AND ZONING MAP AMENDMENTS C.Conservation district designation or recession. A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or removed from the conservation district by the city commission upon recommendation of the Historic Preservation Advisory Board subject to the provisions of 38.770 and chapter 2, article 5, division 6. Property owner concurrence is necessary for the designation or revision of landmark status. DELETED: Section D > MOVING TO 38.710.080 COA SUBMITTAL REQUIREMENTS AND 38.740.070 PLAN REVIEW D.Certificate of appropriateness. 1.A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.800.190, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.700.010. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: a.No building, demolition, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. (1)Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: (a)Fences meeting all other provisions of this chapter which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.240.020. Chain link fencing is not included in this exception. (b)Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (c)Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not 3 of 15 10 more than 14 feet to their highest point and which do not require a building permit. (d)Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. (e)Photovoltaic panels which are flush mounted to a roof. b.Application, review and public notice procedures for proposals located within the conservation district are set forth in 38.710, 38.730, and 38.740. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.240.020.H apply. EB. Standards for certificates of appropriateness the Neighborhood Conservation Overlay District. 1.Within the NCOD, all new construction, exterior alterations, and movement or demolition of existing structures, including historic resources as defined in 38.800.090, is subject to design review. All such work performed in the NCOD requires completion of an approved certificate of appropriateness alteration under section 38.740.070 unless specifically exempted. 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. (available for review at the community development department). 2.Design standards for historic structures and sites fall under the parameters set forth in this chapter in section 38.570. DELETED: Section (E)(2) > MOVING TO NEW UDC SECTION 38.570 (UNDER ARTICLE 5 PLAN DESIGN) 2.Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, must focus upon the following: 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 offeatures 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 of 15 11 4.When applying the standards of subsections A through C of this section, 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.Conformance 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. DELETED: Section F > MOVING TO 38.710.080 COA SUBMITTAL REQUIREMENTS 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 of this chapter. Where development projects in the conservation district require only sketch plan review per 38.740 of this chapter, 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. DELETED: Section G > MOVING TO 38.760.040 APPEALS DEVIATIONS DEPARTURES AND VARIANCE PROCEDURES G.Deviations from underlying zoning requirements. Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, some buildings within the conservation district do not conform to 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 division 38.760 of this chapter. 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 section 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 intent and purpose set forth in this part 1. 5 of 15 12 Section 38.710.080. This section already existed in the UDC in a narrower form (submittal requirements specific to certificates of appropriateness); the redline below shows how it's being broadened into the general submittal-requirements section for certificates of alteration generally, cross-referencing the new Sec. 38.740.070 review procedure. Sec. 38.710.080. Submittal requirements for Certificates of appropriateness Alteration. A.Submittal requirements for certificates of appropriateness. A.The following materials must be provided for Aall development proposals requiring certificates of alteration appropriateness under 38.740.070. (e.g. located in a neighborhood conservation district or historic property/structure) must submit the following information These materials are in addition to any sketch plan, site plan or special development submittal requirements for the proposal.: Neighborhood conservation overlay district and historic property/structures. 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.Completed application in a format determined by the community development department and required application fee; on form provided by the community development department; 2.A written narrative detailing the scope of work and how the proposal complies with certificate of alteration standards contained in 38.740.070; 3.Depictions of existing conditions including: a.Site plan with location of existing structures, lot boundaries, site features, and landscaped areas; b.One current color picture of each elevation of each structure planned to be altered; c.Any 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 mounted on letter size sheets and clearly annotated with the property address, elevation direction (NSEW) and relevant information; c. Sketch plan or site plan information, as per section 38.230.070 or 38.230.080; 4.Historical information, including available data such as: a.The Montana State historic property record form; b.pPictures, plans, authenticated verbal records and similar research documentation that may be relevant to the plannedproposed alteration; 5.Site plan with proposed changes including: a.Boundary line of property with dimensions including setbacks and utilities; b.North arrow; c.Existing and proposed structures; d.Lot coverage information; e.Location of parking, driveways, and any other transportation facilities; f.Location of any pedestrian facilities; g.Landscaped areas, with and without irrigation; e. Materials and color schemes to be used; 6.Building elevations identifying proposed changes, including, but not limited to: 6 of 15 13 a.Drawings including labeled direction; b.Cutsheets of any applicable replacements; c.Specifications and other data that will clearly express the proposed alterations; d.Illustration clearly identifying external elements that will be removed or altered; and e.Existing and proposed materials and colors. f.Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations; g.A schedule of planned actions that will lead to the completed alterations; 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; i.An illustration showing all external elements of a structure proposed to be removed or altered by a project. All elements proposed to be removed or altered, and to what extent, must be clearly identified and must include those elements proposed to be removed and reinstalled; j.If demolition of a historic structure, as defined in article 7 of this chapter, is proposed, a structural analysis and cost estimates indicating 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 structures, 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 7.If applicable, a description and an exhibit of any applicant-requested deviation and a narrative explanation as to how the requested deviation meets the criteria outlined in 38.760.040. 8.For new infill or if more than 50% of the front facade is proposed to be altered, a streetscape image that illustrates how the proposed project relates to the existing streetscape and a narrative that describes how it relates to the block on both the subject property site and the facing block. 9.If relocation of a building is proposed, include a building relocation plan, a stabilization plan, and a new site plan of where the building will be moved if it is proposed to be relocated in city boundaries. 10.Such other information as may be required by the community development department. 2.The city suggests that the applicant seek comments from the neighborhood or area. B.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 building: 1.For all buildings 50 years old or older, documentation as outlined in 38.240.020(I). 2.For any nonconforming structure building, 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 form, completed within ten years of the application. If the record or inventory form is more than ten years old, the review authority may require an updated form. The record form must meet the requirements in 38.240.020(I). 7 of 15 14 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. New uses must consider the needs of the property owner, the historic integrity of the building, and the opportunity for economically viable rehabilitation. ii.Transfer of ownership or operations - The property owner has explored offering the building or site for sale at a reasonable price related to its fair market value. iii.Relocation of building - The property owner has explored opportunities to move or relocate the building to a new historically compatible site. d.Documentation of economic hardship, if the applicant asserts that denial of demolition 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 building in relation to requirements for habitability in the International Existing Building Code as adopted inBozeman 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. 8 of 15 15 Division 38.760. Appeals, Deviations, Departures and Variance Procedures These sections already exist in the UDC, proposing to move the revised language from Sec. 38.240.020.G > SECTION 38.760.040 and update SECTION 38.760.010 Section 38.760.010 - Purpose and review authority A. This division is adopted: 1.To establish procedures for granting relief from the requirements of this chapter subject to the standards of this division in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the state and United States constitutions of all persons subject to this chapter; A.1 provided for context but remains unchanged. A.2-3 also remain unchanged. 4.To provide through deviations a procedure for flexibility, as a means to support historic preservation, in the application of the standards of this chapter, as a means to support historic preservation in overlay districts as provided for in this chapter; A.5-8 remain unchanged. B. The review authority for each action in this division is established by 38.700.010. Section 38.7606.020 - Meeting and notice requirements. [remains unchanged] Section 38.7606.030 – Appeals. [remains unchanged] Section 38.760.040 - Administrative Deviations for Historic Preservation. All requests for deviations in the neighborhood conservation overlay district (NCOD) must be decided by the review authority established in 38.700.010. Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by 38.740. Standards and criteria for award of deviations are contained in 38.240.020. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of 38.240.020.G, and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of ordinances or statutes other than this chapter. 9 of 15 16 A. Overview and purpose. Because the City has revised its zoning to be consistent with existing historic patterns of development, deviations should infrequently apply. However, 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 long as the criteria and standards of this section are met. B. Applicability. Deviations must not be granted for relief from building height limitations, procedural requirements, to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of ordinances or statutes other than this chapter. A proposed deviation is only available in the following instances and subject to the criteria in subsection D below: 1. As an alternative to demolition of a historic resource or landmark; 2. To maintain a contributing or noncontributing structure within a designated historic or landmark district; 3. Additions to existing buildings within or on a property abutting a designated historic or landmark district, the neighborhood conservation overlay district, or a historic resource. 4. An alternate design cannot be provided which conforms both to the zoning standard and historic feature of the site or building. C. Procedures. Permit applications that include a deviation request through a certificate of alteration go through the standard review procedure set forth in this article. D. Criteria. In reviewing a request for deviations from underlying zoning requirements, the review authority must consider whether the proposed deviation: 1. Is necessary to retain, repair, or adaptively reuse the historic resource, and the proposed work furthers the purpose of avoiding demolition of a historic resource; 2. Is a minimum modification necessary to achieve the preservation or adaptive reuse of a historic resource and no feasible alternatives exist that would avoid the deviation; 3. Will not adversely affect the historic character, materials, setting, or overall integrity of the resource; 4. Facilitates a design that is similar in form, proportion, and materials with other historic properties within the block face, without creating a false sense of historical development. Where the block face is a single property or is not identifiable, the review authority must use abutting properties to evaluate this criterion; 5. Will have minimal adverse effects on abutting properties or the permitted uses in this chapter; 6. Maintains and reinforces, through any proposed additions, the established development pattern of the historic context, including lot width and orientation, building placement, front and side setbacks, and the rhythm of facades along the street. E. Approval. Approval may be conditioned to meet the objectives in B, above, such as through required use of specific materials or methods, preservation of identified character-defining features, recorded documentation of pre-alteration conditions, a time limit for implementation, a requirement that the deviation be fully reversible, or any other conditions in conformity with the overview and purpose of this section. 10 of 15 17 Division 38.770. Text and Zoning Map Amendments NEW SECTION 38.770.040 - Special District Designation or Recession Special zoning district boundaries may be established, amended or removed only in accordance with this division. 11 of 15 18 PART II - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 5. - BOARDS AND COMMISSIONS DIVISION 6. HISTORIC PRESERVATION ADVISORY BOARD Struck-through red text = language in current BMC that the proposed draft removes or replaces. Underlined blue text = new language appearing in the proposed draft. DIVISION 6. HISTORIC PRESERVATION ADVISORY BOARD1 Sec. 2.05.850. Purpose and intent. A. The purpose and intent of tThis division is to provides for an knowledgeable, appointed citizen board for the city charged with establishing supporting a local historic preservation program, integrating cultural and historic preservation into local, state, and federal planning and decision-making processes, identifying, evaluating, and protecting cultural and historic resources within Bozeman, and educating the general public about historic preservation. Sec. 2.05.860. Object. B. This division is designed as a measure to establish supports a local historic preservation program designed to promote and protect cultural, historic, and prehistoric sites, structures, objects, buildings, and historic districts by addressing historic preservation issues at the local level and integrating them into local, state, and federal planning and decision-making processes. The historic preservation program will includes the identification and evaluation of cultural and historic resources through regularly enacted cultural and/or historic resource surveys. Sec. 2.05.8670. Scope. The historic preservation advisory board shall serves in an advisory capacity to the city commission, city planning board, zoning commission and other boards or staff members or boards seeking advice on cultural resource and historic preservation issues. DELETED: Section 2.05.880 > All HP definitions to be addressed in one location Sec. 2.05.880. Definitions. A. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Historic preservation advisory board" means the board created by this division and appointed by the local government of the city which is responsible for creating and administering a historic preservation program. 2. "Historic preservation officer" hereinafter called "preservation officer" means the official appointed by the local government who is charged with the responsibility of acting as staff liaison to the historic preservation advisory board. 1State law reference(s)—Antiquities, MCA 22-3-101 et seq. 12 of 15 19 Sec. 2.05.8790. Establishment and quorum. A.In order tTo carry out the purpose of this division, an historic preservation advisory board is created. All historic preservation advisory board members mustshall have a demonstrated interest, competence or knowledge in historic preservation. The historic preservation advisory board shall conform to the guidelines set forth in the “Certified Local Government Program” in Montana. Information on the credentials of the historic preservation advisory board members must be kept on file in the office of the city clerk. and available during regular office hours for inspection by the public. T This historic preservation advisory board shall consist of up to seven members, as follows: 1.At least three members shall must meet the Secretary of the Interior's Professional Qualification Standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. 2.At least one member shall must be an architect holding state or National Council of Architectural Registration Boards (NCARB) registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 3.At least one member shall must live in or own property in a Bozeman historic district, on file at the city planning office. A member may be chosen from a locally or nationally designed district. 4.At least four members mustshall be at-large representatives who reside live or own property within the city limits. 5.Quorum. A quorum must include shall be comprised of a minimum of 50 percent of the appointed members, of which at least one shall be a must be a professional member. DELETED: Sections 2.05.900, 910, 920 > Procedural requirements regarding appointments, terms, vacancies, staffing, and public meetings of City Boards are addressed in other city resolutions and ordinances. It is not typical to address the hiring and qualifications of individual staff positions in municipal code. Sec. 2.05.900. Appointment and term vacancy. A.All appointments to the historic preservation advisory board shall be made in accordance with the procedures adopted by the city commission for appointments to all advisory commissions and boards. B.Terms of office for the historic preservation advisory board members shall be staggered and two years in duration. C.Vacancies on the board should be filled by appointment in accordance with the procedures adopted by the city commission for appointments to all advisory commissions and boards. Sec. 2.05.910. Staff. A.The preservation officer for Bozeman shall act as staff liaison to the historic preservation advisory board. The preservation officer shall be employed by the appropriate city department. A member of the historic preservation advisory board may be invited to participate in the city's process for selection and hiring of a preservation office when the position is vacant. 13 of 15 20 B.The preservation officer shall satisfy the Secretary of the Interior's Professional Qualification Standards. C.Duties of the preservation officer include coordinating the local historic preservation programs, helping in the development of local surveys, projects and historic preservation planning documents, advising and providing assistance to the local historic preservation advisory board, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this division are carried out. Sec. 2.05.920. Meetings; notice of meetings. A.T he historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each month. The chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this division, in accordance with city advisory board noticing requirements. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by the board. The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least 48 hours notice to each member personally served on each member through email or left at the member's usual place of residence and also notice to the public by, at a minimum, posting the agenda on the city's website and posting board. B.All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. C.The historic preservation advisory board shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and by the City of Bozeman. All written or taped minutes, reports and case decisions are available to the public. Sec. 2.05.880930. Powers and duties Roles and responsibilities. A.The roles and responsibilities of the historic preservation advisory board include: shall have the powers and duties to: 1.Education and outreach: a.Advocate for the maintenance and updating of the survey and inventory of historic and/or cultural resources prehistoric properties. The board must will make an annual recommendation to the historic preservation officer prioritizing areas or sites within the city limits for cultural resource survey work. b.Participate in and promote to the public educational and interpretive programs pertaining to historic preservation; a.Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of designated properties or potentially historic buildings or structures. 2.Use the National Register of Historic Places criteria for designation of properties as a historic district or site and shall apply these criteria for local designation of historic and prehistoric properties; Historic designation: a.Review applications for local landmark designation and apply the criteria outlined in the City's Unified Development Code Section XXXXXX to make recommendations to the City Commission for review; 14 of 15 21 b.Review and comment on any National Register of Historic Places nominations on property within the city according to the Montana State Regulations for Certified Local Governments; and c.Review design guidelines related to cultural and/or historic resources and provide comments to the Director of Community Development. 3.Review and comment on: When requested: a.Review and comment on work by Planning and zoning programs undertaken by the city, state and federal agencies which relate to historic or cultural resources within the city. This review and comment shall be scheduled and occur within time lines established for whatever action is being taken; b.Environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, or landmark properties within the city. To facilitate interagency cooperation, a copy of comments by the historic preservation advisory board provided to state or federal agencies may be sent to the state historic preservation office. Transmittal of comments shall be through the historic preservation officer; c.b. By the community development department, review and comment on Make recommendations to the appropriate advisory body or decision-making body concerning any changes or modifications to the zoning regulations and zoning district boundaries. other city plans and policies that pertain to historic preservation. Transmittal of comments shall be through the historic preservation officer community development department; d.c. By the community development department, applicant, or property owner, review and comment on Upon request of the reviewing authority make recommendations to the review authority regarding planning and zoning applications pertaining to historic properties and which require public notice. e.Proposals to nominate properties to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, Section VI(B). This includes reviewing and commenting on any national register nominations on property within the city; 4.Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of potentially historic buildings or structures. The historic preservation advisory board may create voluntary design guidelines which will be made available to the public for assistance in preservation projects; 5.Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation; 6.4. Review and process applications for tax abatement pursuant to the provisions of Chapter 424 of the Laws of 1989 of the State of Montana as codified by MCA 15-24-1601 et seq. Secs. 2.05.890—2.05.1090. Reserved. 15 of 15 22 PART II - CODE OF ORDINANCES Chapter 38 - UNIFIED DEVELOPMENT CODE ARTICLE 2. - ZONING DISTRICTS Division 38.240. – SPECIAL DISTRICTS Section 38.240.010 – Purpose Special zoning districts, including overlay districts, allow the City to establish specific land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental or historic resource considerations. Special zoning districts are in combination with the underlying (base) zoning district regulations. Special districts are intended to be applied only where unique circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives. Section 38.240.020. – PLI [Public Lands & Institutions] (remains unchanged) Section 38.240.030 – NCOD [Neighborhood Conservation Overlay District] A.Purpose 1.The Neighborhood Conservation Overlay District, hereinafter referred to as the NCOD, is intended to stimulate the restoration and rehabilitation of structures and all other elements contributing to the character and fabric of established residential, commercial, or industrial areas. This section defines and sets standards which apply to properties within the NCOD. 2.It is the purpose of the NCOD designation to protect and enhance areas of significant land planning or architectural character, historic districts and landmarks, or other built or natural features for the educational, cultural, or economic benefit or enjoyment of residents of the city. The NCOD designation is further intended to: a.Protect, preserve, and enhance historic or cultural resources and areas that: (1)Are reminders of past eras, events or persons important in local, state or national history; (2)Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; (3)Are unique or irreplaceable assets to the city; (4)Provide examples of physical surroundings in which past generations lived; or (5)Represent and express the unique characteristics of small agricultural-based, western city development patterns; b.Develop and maintain the appropriate environment for buildings, structures, sites, and areas that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; c.Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; and d.Maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each area, including, but not limited to: lighting, pathways, street trees, natural areas and other character-defining features. 1 of 11 23 3.New construction is invited and encouraged, provided primary emphasis 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 the property and the surrounding area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. 4.In view of the fact that areas included within the boundaries of the NCOD may have been developed and built out prior to the adoption of contemporary zoning and subdivision regulations, the construction, development patterns, and range of uses may not be in compliance with conventional regulatory requirements. This section recognizes that this diversity is often a contributing element of the historic character of these areas. The provisions of this section must be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. B.Standards for the Neighborhood Conservation Overlay District. 1.Within the NCOD, all new construction, exterior alterations, and movement or demolition of existing structures, including historic resources as defined in 38.800.090, is subject to design review. All such work performed in the NCOD requires an approved certificate of alteration under section 38.740.070 unless specifically exempted. 2.Design standards for historic structures and sites fall under the parameters set forth in this chapter in section 38.570. 2 of 11 24 PART II - CODE OF ORDINANCES Chapter 38 - UNIFIED DEVELOPMENT CODE ARTICLE 7. – PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES Division 38.710. Submittal Materials and Requirements Sec. 38.710.080. Submittal requirements for Certificates of Alteration. A.The following materials must be provided for all development proposals requiring certificates of alteration under 38.740.070. These materials are in addition to any sketch plan, site plan or special development submittal requirements for the proposal. At a minimum, the following items must be included in the submission: 1.Completed application in a format determined by the community development department and required application fee; 2.A written narrative detailing the scope of work and how the proposal complies with certificate of alteration standards contained in 38.740.070; 3.Depictions of existing conditions including: a.Site plan with location of existing structures, lot boundaries, site features, and landscaped areas; b.One current color picture of each elevation of structure planned to be altered; c.Any 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. 4.Historical information, including available data such as: a.The Montana State historic property record form; b.Pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the proposed alteration; 5.Site plan with proposed changes including: a.Boundary line of property with dimensions including setbacks and utilities; b.North arrow; c.Existing and proposed structures; d.Lot coverage information; e.Location of parking, driveways, and any other transportation facilities; f.Location of any pedestrian facilities; g.Landscaped areas, with and without irrigation; 6.Building elevations identifying proposed changes, including, but not limited to: a.Drawings including labeled direction; b.Cutsheets of any applicable replacements; c.Specifications and other data that will clearly express the proposed alterations; d.Illustration clearly identifying external elements that will be removed or altered; and e.Existing and proposed materials and colors. 7.If applicable, a description and an exhibit of any applicant-requested deviation and a narrative explanation as to how the requested deviation meets the criteria outlined in 38.760.040. 8.For new infill or if more than 50% of the front facade is proposed to be altered, a streetscape image that illustrates how the proposed project relates to the existing 3 of 11 25 streetscape and a narrative that describes how it relates to the block on both the subject property site and the facing block. 9.If relocation of a building is proposed, include a building relocation plan, a stabilization plan, and a new site plan of where the building will be moved if it is proposed to be relocated in city boundaries. 10.Such other information as may be required by the community development department. B.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 building: 1.For all buildings 50 years old or older, documentation as outlined in 38.240.020(I). 2.For any nonconforming building, 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 form, completed within ten years of the application. If the record or inventory form is more than ten years old, the review authority may require an updated form. The record form must meet the requirements in 38.240.020(I). 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. New uses must consider the needs of the property owner, the historic integrity of the building, and the opportunity for economically viable rehabilitation. ii.Transfer of ownership or operations - The property owner has explored offering the building or site for sale at a reasonable price related to its fair market value. iii.Relocation of building - The property owner has explored opportunities to move or relocate the building to a new historically compatible site. d.Documentation of economic hardship, if the applicant asserts that denial of demolition 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 building in relation to requirements for habitability in the International Existing Building Code as adopted in Bozeman Municipal Code Chapter 10 Article 2; 4 of 11 26 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. 5 of 11 27 Division 38.760. Appeals, Deviations, Departures and Variance Procedures Section 38.760.010 - Purpose and review authority. A. This division is adopted: 1. To establish procedures for granting relief from the requirements of this chapter subject to the standards of this division in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the state and United States constitutions of all persons subject to this chapter; 1 provided for context but remains unchanged. 2-3 also remain unchanged. 4. To provide through deviations a procedure for flexibility in the application of the standards of this chapter, as a means to support historic preservation; 5-8 remain unchanged. B. The review authority for each action in this division is established by 38.700.010. Section 38.760.020 - Meeting and notice requirements. [remains unchanged] Section 38.760.030 – Appeals. [remains unchanged] Section 38.760.040 - Administrative Deviations for Historic Preservation. A. Overview and purpose. Because the City has revised its zoning to be consistent with existing historic patterns of development, deviations should infrequently apply. However, 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 long as the criteria and standards of this section are met. B. Applicability. Deviations must not be granted for relief from building height limitations, procedural requirements, to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of ordinances or statutes other than this chapter. A proposed deviation is only available in the following instances and subject to the criteria in subsection D below: 1. As an alternative to demolition of a historic resource or landmark; 2. To maintain a contributing or noncontributing structure within a designated historic or landmark district; 6 of 11 28 3. Additions to existing buildings within or on a property abutting a designated historic or landmark district, the neighborhood conservation overlay district, or a historic resource. 4. An alternate design cannot be provided which conforms both to the zoning standard and historic feature of the site or building. C. Procedures. Permit applications that include a deviation request through a certificate of alteration go through the standard review procedure set forth in this article. D. Criteria. In reviewing a request for deviations from underlying zoning requirements, the review authority must consider whether the proposed deviation: 1. Is necessary to retain, repair, or adaptively reuse the historic resource, and the proposed work furthers the purpose of avoiding demolition of a historic resource; 2. Is a minimum modification necessary to achieve the preservation or adaptive reuse of a historic resource and no feasible alternatives exist that would avoid the deviation; 3. Will not adversely affect the historic character, materials, setting, or overall integrity of the resource; 4. Facilitates a design that is similar in form, proportion, and materials with other historic properties within the block face, without creating a false sense of historical development. Where the block face is a single property or is not identifiable, the review authority must use abutting properties to evaluate this criterion; 5. Will have minimal adverse effects on abutting properties or the permitted uses in this chapter; 6. Maintains and reinforces, through any proposed additions, the established development pattern of the historic context, including lot width and orientation, building placement, front and side setbacks, and the rhythm of facades along the street. E. Approval. Approval may be conditioned to meet the objectives in B, above, such as through required use of specific materials or methods, preservation of identified character-defining features, recorded documentation of pre-alteration conditions, a time limit for implementation, a requirement that the deviation be fully reversible, or any other conditions in conformity with the overview and purpose of this section. 7 of 11 29 Division 38.770. Text and Zoning Map Amendments Section 38.770.040. - Special District Designation or Recession Special zoning district boundaries may be established, amended or removed only in accordance with this division. 8 of 11 30 PART II - CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE 5. - BOARDS AND COMMISSIONS DIVISION 6. HISTORIC PRESERVATION ADVISORY BOARD1 Sec. 2.05.850. Purpose. A.This division provides for a knowledgeable, appointed citizen board charged with supporting a local historic preservation program, integrating cultural and historic preservation into local, state, and federal planning and decision-making processes, identifying, evaluating, and protecting cultural and historic resources within Bozeman, and educating the general public about historic preservation. B.This division supports a local historic preservation program to promote and protect cultural, historic, and prehistoric sites, structures, objects, buildings, and districts by addressing historic preservation issues at the local level and integrating them into local, state, and federal planning and decision-making processes. The historic preservation program includes the identification and evaluation of cultural and historic resources through regularly enacted cultural and/or historic resource surveys. Sec. 2.05.860. Scope. The historic preservation advisory board serves in an advisory capacity to the city commission and other boards or staff members seeking advice on cultural resource and historic preservation issues. Sec. 2.05.870. Establishment and quorum. A.To carry out the purpose of this division, a historic preservation advisory board is created. All historic preservation advisory board members must have demonstrated interest or knowledge in historic preservation. The historic preservation advisory board shall conform to the guidelines set forth in the “Certified Local Government Program” in Montana. Information on the credentials of the historic preservation advisory board members must be kept on file in the office of the city clerk. This historic preservation advisory board shall consist of up to seven members, as follows: 1.At least three members must meet the Secretary of the Interior's Professional Qualification Standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. 2.At least one member must be an architect holding state or National Council of Architectural Registration Boards (NCARB) registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 1State law reference(s)—Antiquities, MCA 22-3-101 et seq. 9 of 11 31 3.At least one member must live or own property in a Bozeman historic district. A member may be chosen from a locally or nationally designed district. 4.At least four members must be at-large representatives who live or own property within the city limits. 5.Quorum. A quorum must include a minimum of 50 percent of the appointed members, of which at least one must be a professional member. Sec. 2.05.880. Roles and responsibilities. A.The roles and responsibilities of the historic preservation advisory board include: 1.Education and outreach: a.Advocate for the maintenance and updating of the survey and inventory of historic and/or cultural resources prehistoric properties. The board must make an annual recommendation to the historic preservation officer prioritizing areas or sites within the city limits for cultural resource survey work. b.Participate in and promote to the public educational and interpretive programs pertaining to historic preservation; c.Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of designated properties or potentially historic buildings or structures. 2.Historic designation: a.Review applications for local landmark designation and apply the criteria outlined in the City's Unified Development Code Section XXXXXX to make recommendations to the City Commission for review; b.Review and comment on any National Register of Historic Places nominations on property within the city according to the Montana State Regulations for Certified Local Governments; and c.Review design guidelines related to cultural and/or historic resources and provide comments to the Director of Community Development. 3.When requested: a.Review and comment on work by state and federal agencies which relate to historic or cultural resources within the city; b.By the community development department, review and comment on changes or modifications to other city plans and policies that pertain to historic preservation. Transmittal of comments shall be through the community development department; c.By the community development department, applicant, or property owner, review and comment on planning and zoning applications pertaining to historic properties and which require public notice. 10 of 11 32 4.Review and process applications for tax abatement pursuant to the provisions of Chapter 424 of the Laws of 1989 of the State of Montana as codified by MCA 15-24-1601 et seq. Secs. 2.05.890—2.05.1090. Reserved. 11 of 11 33