HomeMy WebLinkAboutOrdinance 08- 1744 Providing that the Bozeman Municipal Code be Amended by Adding Chapter 30 in Title 3Page 1 of 10
ORDINANCE NO. 1744
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING CHAPTER 30 IN TITLE 3 TO PROVIDE FOR STANDARDS FOR TAX
CREDITS FOR HISTORIC PRESERVATION AND IMPLEMENTING THE TAX
ABATEMENT AUTHORIZED BY SECTIONI5-24-1601 MONTANA CODE
ANNOTATED ET SEQ. FOR HISTORIC RESIDENTIAL AND COMMERCIAL
PROPERTIES UNDERGOING REHABILITATION, RESTORATION, EXPANSION OR
NEW CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY SECTION 15-
24-1605 AND/OR SECTION 15-24-1606.
WHEREAS, the built environment of a community provides a history of the community
and is an indispensible component of the community's sense of place and character; and
WHEREAS, preservation, restoration, and rehabilitation of existing structures
recognizes the embodied energy in them and reduces actions identified as negatively effecting
climate change; and
WHEREAS, the City of Bozeman has adopted a growth policy identifying historic
preservation as an important community character and economic development policy; and
WHEREAS, the City has conducted an inventory of historic structures in the
Neighborhood Conservation Overlay District which survey indicated that not all structures are of
equal historic value; and
WHEREAS, the City has already established a Certificate of Appropriateness review
procedure for structures in the Neighborhood Conservation Overlay District; and
WHEREAS, Chapter 424 of the laws of 1989 of the State of Montana, as codified by
Sectionl5-24-1601 et seq. Montana Code Annotated (MCA), authorized the governing body of
each city or county to confer the tax benefits described by SectionlS-24-1603 MCA to qualifying
historic commercial or residential properties by resolution establishing the process for the use of
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the tax abatement provisions described therein; and
WHEREAS, the City Commission has determined that it is in the public's interest to
encourage the rehabilitation, restoration or expansion of certified historic, commercial and
residential properties or new construction that meets design review criteria compatible with an
historic district by conferring said tax benefits on improvements from those restorations,
rehabilitations, expansions or new constructions involving certified historic properties and
districts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION:
Section 1
That Chapter 3.30, Tax Abatement Certificate of Appropriateness, be added to the
Bozeman Municipal Code so that the Chapter shall read as follows:
3.30.010 Intent.
The intent and purpose of the Tax Abatement Certificate of Appropriateness is to encourage the
appropriate rehabilitation, restoration, and preservation of historic properties which otherwise
would not have been so carefully preserved. It is recognized that a grant of tax abatement is a
discretionary act by the City Commission. Tax abatement is to reward extraordinary efforts in
preservation and not minimal compliance with mandatory standards.
3.30.020 Authority.
Pursuant to Sectionl5-24-1601 through Sectionl5-24-1608 MCA, the City Commission by this
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ordinance approves the tax benefits as set forth in said statutes for those improvements made by
restoration, rehabilitation, or expansion of certified historic commercial or residential properties
or qualifying new construction within an historic district which meets the design criteria during
the construction period, which is not to exceed twelve (12) months and five (5) years following
completion of said construction, in those situations where such improvements preserve certified
historic commercial or residential properties, or encourage appropriate new construction meeting
the design criteria to be architecturally compatible within the historic districts.
A. The tax abatement is limited to one hundred percent (100%) of the increase in taxable
value caused by the rehabilitation, restoration, expansion or new construction and applies
to only those properties which do not receive any other tax exemption or special
evaluation provided by Montana Law during the period of abatement.
3.30.030 Definitions.
A. "Construction period" as used herein shall mean a period of time from the date of
issuance of the required building permit until the project is substantially completed or a
period of twelve (12) months from the date of issuance of said building permit whichever
period is shorter.
B. "Qualifying new construction" as used herein shall mean construction which satisfies the
requirements of Section 3.30.OSO.C, BMC.
3.30.040 Procedures.
The owner of the property must comply with the provisions and standards of Sections 3.30.040,
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3.30.050, and Chapter 18.28, BMC in order to be considered for tax abatement. Failure to
demonstrate successful compliance with the requirements disqualifies a property from being
awarded Tax Abatement, but does not prohibit development with a Certificate of
Appropriateness otherwise approved under Chapter 18.28, BMC:
A. The owner of the property is solely responsible for supplying to the Bozeman Historic
Preservation Advisory Commission and the City Commission all information and
documents necessary to evaluate the project. If sufficient information and documentation
is not supplied by the owner for consideration to make an informed decision, the
application will be denied.
B. The Bozeman City Commission hereby designates the Bozeman Historic Preservation
Advisory Board as its local review board and hereby directs said board to establish an
application and review process to certify eligible properties as specified in Sectionl5-24-
1604 Montana Code Annotated and which must include, but is not limited to, the design
review criteria based on the Secretary of Interior's Standards for Rehabilitation of
Historic Properties or other standards approved by the State Historic Preservation Office.
The established review process shall be integrated with the Certificate of Appropriateness
review authorized in Chapter 18.28, BMC.
C. The local review board shall recommend approval or denial of any application for the tax
abatement and report its recommendation to the City Commission which shall then either
approve or deny said recommendation by Resolution.
D. All taxes, assessments and SID obligations on any property proposed for tax abatement
must be current before any tax abatement will be considered.
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E. Following certification, and during the period of tax abatement, if the property is altered
in any way that adversely affects those elements that qualify it as historically
contributing; the property must be disqualified from receiving the tax abatement. If the
historic property which has received a tax abatement under this part is disqualified, the
owner is liable for back taxes, interest and a penalty. These costs must be extended
against the property in the next general real property tax roll, to be collected and
distributed in the same manner as the currently assessed real property tax. The back taxes,
interest and penalty must equal the sum of the following:
The difference in the total real property taxes due during the years the tax
abatement was in effect and the total of real property taxes which would have
been due had the special assessments not been in effect for those years;
2. Interest on the amount calculated in subsection 3.30.020.A, BMC at the rate for
delinquent property taxes provided for in Sectionl5-16-102 MCA; plus
A penalty of 15% on the sum of subsection 3.30.020.A, BMC. Back taxes,
interest or penalty may not be imposed on a property transferred to an ownership
that makes the property exempt from property taxation or if the property is
destroyed by fire or force majure.
3.30.050 Standards.
To be approved as a Tax Abatement COA the following requirements shall be met:
A. The property must meet one or more of the following criteria
1. The property is individually listed on the National Register of Historic Places (NRHP).
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2. The property is at least 50 years of age and located in an established NRHP
historic district.
3. The property is determined by a qualified professional to be eligible for individual
listing in the NRHP. If this criterion is selected, the applicant must complete the
necessary steps to list the property on the NRHP prior to the final approval of any
abatement.
B. Alterations to the properties or structures without City approval and consistent with the
requirements of this Chapter nullifies the tax abatement qualification.
C. All Standard COA requirements per 18.28, BMC, or its successors, apply as well these
further Tax Abatement COA Requirements:
1. Additions to existing structures:
a. Additions which increase the size of the footprint are limited to no more
than a 10 percent increase of the structure's footprint
b. Additions must not exceed the height of the existing roofline
c. Additions are limited to secondary facades and evaluated in the context of
the fagade on which the addition is applied
d. Due to the limited size of the addition, no specific similarity or
differentiation of material is required as referenced in Secretary of the
Interior Standards 9 & 10.
2. Roof:
a. Shape and material of the existing roof must be preserved unless it can be
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demonstrated that a different material is more historically appropriate for
the structure.
b. Dormers will be considered on a case by case basis and must meet the
Secretary of the Interior's Standards and UDO standards for dormers.
Dormers shall be limited to not more than 'h the length of the existing
roofline.
(1) If new dormers are added they must match existing historic
dormers in shape, style and materials.
3. Materials:
a. Windows: Window matching is fundamental to the historic integrity of the
building
(1) Rehabilitation of viable windows is required through repair,
restoration and reconstruction.
(2) Window replacement requires a professional assessment of the
existing windows.
(3) Window replacement must be historically appropriate and match
historic materials.
(4) If storm windows are applied they shall be historically
appropriate.
b. Siding:
(1) If historic siding is intact it shall be preserved and restored.
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(2) If historic siding is missing, new siding should follow the
Department of the Interior's guidelines for reconstruction.
c. Foundation:
(1) Repair and stabilization of existing foundation materials is
encouraged and a primary goal.
(2) Foundation replacement is allowed to the extent that the overall
height increase of the house does not exceed eighteen inches.
(3) Foundation replacement requires a professional assessment of the
existing foundation.
(4) If replaced, the exterior of the new foundation shall match the
historic foundation in appearance.
d. Roof:
(1) If historic roof material is intact it shall be preserved and restored
(2) If historic roof material is missing, the new roof should follow the
Department of the Interior's guidelines for restoration
4. Accessory Building: the same parameters apply to accessory buildings as for
primary structures on the property. Demolition of viable accessory buildings
within five years of receiving the tax abatement nullifies tax benefits.
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Section 2
Repealer. Commission Resolution 2766 and all other resolutions, ordinances and
sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby
repealed.
Section 3
Savings Provision. This ordinance does not affect the rights and duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of this
ordinance.
Section 4
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance
which may be given effect without the invalid provisions or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 5
Effective Date. This ordinance shall be in full force and effect on the 6th day of
November, 2008.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 15th day of September 2008.
b~~'~
KAAREN JACO ON
Mayor
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ATTEST:
STACY L EN
City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, at a regular session thereof held on the 6th day of October 2008.
~~
KAAREN JACOBSON
Mayor
ATTEST:
ST CY LMEN
City erk
APPROVED AS'TO FORM:
~~
TIM COOPER
Assistant City Attorney
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