HomeMy WebLinkAboutChapter18.28 Neighborhood Conservation Overlay District
CHAPTER 18.28
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
18.28.010 INTENT AND PURPOSE
A. All new construction, alterations to existing structures, movement of structures into or out of
the neighborhood conservation overlay district, hereinafter referred to as the conservation
district, or demolition of structures by any means or process will be subject to design review.
The recommendations of the Design Review Board or Administrative Design Review staff shall
be given careful consideration in the final action of the Planning Director or City Commission.
B. This chapter defines and sets forth standards which apply to the conservation district.
C. The intent and 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 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. The neighboring community shall be provided notice and opportunity to comment
upon the proposed property improvements in accordance with Chapter 18.76, BMC. In
addition, aggrieved persons shall have the right to appeal any design review decision made under
the provisions of this chapter, in accordance with Chapter 18.66, BMC.
D. In view of the fact that most of the area included within the boundaries of the conservation
district was developed and built out prior to the adoption of zoning and contemporary
subdivision regulations, the construction, development pattern and range of uses is highly
diverse and may not be in compliance with conventional regulatory requirements. This chapter
recognizes that this diversity is a major contributing element of the historic character of these
neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will
encourage the protection and enhancement of the many diverse features for future generations.
E. 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. This chapter sets forth the means of protecting and enhancing the
conservation district.
F. It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic landmarks
or other built or natural features for the educational, cultural, economic benefit or enjoyment of
Bozeman citizens. It will be the policy and responsibility of the administrative entities of this
chapter to:
1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and
areas that:
a. Are reminders of past eras, events or persons important in local, state or national
history;
b. Provide significant examples of land planning or architectural styles, or are
landmarks in the history of land planning and architecture;
c. Are unique or irreplaceable assets to the City and its neighborhoods;
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d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based,
western city developmental patterns;
2. 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;
3. Develop and maintain the appropriate environment for buildings, structures, sites and
areas, that reflect varied planning and architectural styles and distinguished phases of
Bozeman’s history and prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of Bozeman’s heritage, and cultivate civic pride
in the accomplishments of the past;
5. Seek to 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 features that may, from time to
time, be identified by the citizens and property owners of neighborhoods, areas and
subsections thereof; and
6. Provide the neighboring community with notice and opportunity to comment upon the
proposed property improvements in accordance with Chapter 18.76, BMC, with the
exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this chapter, in accordance with Chapter 18.66, BMC.
18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS
It is intended that the Design Review Board and Administrative Design Review staff will review and
make recommendations to the City Commission or Planning Director 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.
In carrying out this mission, in addition to the duties established in Chapter 18.62, BMC, the Design
Review Board and Administrative Design Review staff shall have the duty to 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.
18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION
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 Chapter 2.80, BMC, Historic Preservation
Advisory Board, and Chapters 18.68 and 18.70, BMC, Text Amendments and Zoning Map
Amendments. Property owner concurrence is necessary for the designation or recision of landmark
status.
18.28.040 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission
after recommendation by the Administrative Design Review staff or Design Review Board, shall be
required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken
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upon any structure in the conservation district. For alterations not requiring City Commission approval,
compliance with the Planning Director’s decisions will be mandatory subject to appeal to the City
Commission as set forth in Chapter 18.66, BMC. The Montana Historical and Architectural Inventory
Form shall be reviewed and, if necessary, updated by the historic preservation staff to reflect current
conditions on the site, prior to the review of the proposal. Application procedures are as follows:
A. No building, demolition, conditional use, sign or moving permit shall 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.
B. Application, review and public notice procedures for proposals located within the conservation
district are set forth in Chapter 18.34, BMC, Review Procedures for Site Development, Chapter
18.62, BMC, Development Review Committee, Design Review Board, Administrative Design
Review and Wetlands Review Board and Chapter 18.76, BMC, Noticing. If the demolition or
movement of structures or sites subject to the conservation district requirements is proposed,
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the procedures in 18.28.080, BMC shall apply.
C. A denial of a certificate of appropriateness shall be accompanied by a written statement of
reasons for the denial.
D. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
A. All work performed in completion of an approved certificate of appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings (Published 1995), 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 Planning Department).
B. 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, shall focus upon the following:
l. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
7. Architectural details;
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding color
schemes shall be limited to the prevention of nuisances upon abutting properties and
prevention of degradation of features on the property in question. Color schemes may
be considered as primary design elements if a deviation from the underlying zoning is
requested).
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C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be 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.
D. When applying the standards of subsections A-C, the review authority shall be guided by the
Design Guidelines for the Neighborhood Conservation Overlay District which are hereby
incorporated by this reference. 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 of new structures or addition to existing structure, the review
authority shall 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.
E. Conformance with other applicable development standards of this title.
F. Tax abatement Certificate of Appropriateness applications are also reviewed with the procedures
and standards established in Chapter 3.30, BMC.
18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN CONSERVATION DISTRICTS
Applications for certificates of appropriateness shall be made in conjunction with applications for site
plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects in the
conservation district require only sketch plan review as per Chapter 18.34, BMC (i.e. single-household,
two-household, three-household and four-household residential structures, each on individual lots;
signs; fences; property alterations; and certain amendments to site plans), applications for certificates of
appropriateness shall be made on a form provided by the Planning Department, and shall include the
information and material as set forth in Chapter 18.78, BMC.
18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, many buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration and rehabilitation activity that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may be
granted by the City Commission after considering the recommendations of the Design Review Board or
Administrative Design Review staff. The criteria for granting deviations from the underlying zoning
requirements are:
A. Modifications shall be more historically appropriate for the building and site in question and the
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adjacent properties, as determined by the standards in 18.28.050 of this chapter, than would be
achieved under a literal enforcement of this title;
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof; and
C. Modifications shall 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 chapter.
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18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE
CONSERVATION DISTRICT
The demolition or movement of any structure or site within the conservation district shall be subject to
the provisions of this chapter and section. The review procedures and criteria for the demolition or
movement of any structure or site within the conservation district are as follows:
A. Applications for the demolition or movement of structures within the conservation district will
not be accepted without a complete submittal for the subsequent development or treatment of
the site after the demolition or movement has occurred. The subsequent development or
treatment must be approved before a demolition or moving permit may be issued.
B. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as intrusive or neutral elements by the Montana Historical and
Architectural Inventory, and are not within recognized historic districts or in other ways listed
on the National Register of Historic Places, shall be subject to approval by the Planning Director
after review and recommendation of Administrative Design Review staff or Design Review
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Board as per Chapters 18.34 and 18.62, BMC, and the standards outlined in 18.28.050, BMC.
The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary,
updated by the historic preservation staff to reflect current conditions on the site, prior to the
review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest with the
City Commission when proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application.
C. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as contributing elements by the Montana Historical and Architectural
Inventory, and all properties within historic districts and all landmarks, shall be subject to
approval by the City Commission, through a public hearing. Notice of the public hearing before
the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to
holding the public hearing, the City Commission shall receive a recommendation from
Administrative Design Review staff and the Design Review Board. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the historic
preservation staff to reflect current conditions on the site, prior to the review of the demolition
or movement proposal. The final approval authority for the demolition or movement of
structures or sites described within this section shall rest with the City Commission.
The City Commission shall base its decision on the following:
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1. The standards in 18.28.050, BMC and the architectural, social, cultural and historical
importance of the structure or site and their relationship to the district as determined by
the State Historic Preservation Office and the Planning Department.
2. If the Commission finds that the criteria of this section are not satisfied, then, before
approving an application to demolish or remove, the Commission must find that at least
one of the following factors apply based on definitive evidence supplied by the applicant,
including structural analysis and cost estimates indicating the costs of repair and/or
rehabilitation versus the costs of demolition and redevelopment:
a. The structure or site is a threat to public health or safety, and that no reasonable
repairs or alterations will remove such threat; any costs associated with the
removal of health or safety threats must exceed the value of the structure.
b. The structure or site has no viable economic or useful life remaining.
D. If an application for demolition or moving is denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the date of the final decision in order to allow the
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applicant and City to explore alternatives to the demolition or move, including but not limited
to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in
time if an alternate proposal is approved or if sufficient additional evidence is presented to
otherwise satisfy the requirements of subsection B or C of this section.
E. All structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Preservation Planner and Administrative Design Review staff prior to
the issuance of demolition or moving permits.
F. In addition to the remedies in Chapter 18.64, BMC, 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, and in conformance with all applicable
codes and regulations.
18.28.090 APPEALS
Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director
or City Commission pursuant to the provisions of Chapter 18.66, BMC. In such event, the issuance of a
certificate shall be stayed until the appeal process has been satisfied.
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