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HomeMy WebLinkAboutOrdinance 98- 1454, Amends §§ 2.80.010, 2.80.030~2.80.090, historic preservation advisory board ...__--:z__-. ORDINANCE NO. 1454 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 2.80.010, 2.80.030, 2.80.040, 2.80.050, 2.80.060, 2.80.070, 2.80.080 AND 2.80.090 OF SAID CODE; PROVIDING FOR A CHANGE FROM "HISTORIC PRESERVATION ADVISORY COMMISSION" TO "HISTORIC PRESERVATION ADVISORY BOARD", AND INCREASING THE MEMBERSHIP OF THE BOARD TO AllOW UP TO FIFTEEN MEMBERS. . BE IT ORDAINED by the City Commission of the City of Bozeman. Montana: Section 1 That Section 2.80.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.80.010 Pumose and Intent. The purpose and intent of this chapter is to provide for an appointed citizen oommission ~iili for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processesf' aftd identifying, evaluating and protecting historic resources within Bozemanff:!!i:~9A~Yii~~Qsj~iH;.t.~niti:! pAII!I~M!l:iMtf:,lj~itP'rls~!~~iriillip9#!. II . Section 2 That Section 2.80.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.80.030 Scooe. The historic preservation advisory commission~pijrg shall serve in an advisory capacity to the city commission, city-county planning board, zoning commission and tho board of adjustment i!ml!!!!im~~!:!i~U!!!!!lii!~ii:ri-~:'~t!!!!pih1jJ:~iil~gQ--ijg'i~~i.:.@n::::tJ~itPrIS!.f.P.ir~~i'~i:~!Rr-t'i~i~:ii. Section 3 That Section 2.80.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.80.040 Definitions. A. "City e'$ommission" means the governing body of the epity of Bozeman, . - - 5:itate of Montana. ....'6 ":J\:; 't'):---' B. "Historic Prtleservation a:Hdvisory oommission :9~t~r~" means the o6R'1mission b.~lf4 created by this ordinancc9hj,P1~f and appointed by the local government 'o'(ih'e city which is responsible"'fo,'6reating and administering a historic preservation program. C. "CommuAit'l hBistoric ~Ireservation eIfficer" hereinafter called "preservation officer" means the official appointed by the local government who is charged with the responsibility of acting as staff to the historic preservation advisory oommission m~i:f~f" ~- --- - Section 4 That Section 2.80.050 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.80.050 Establishment ibl!:;iwii:ifi. In order to carry out the purpose of this chapter, an historic preservation advisory . ::::i:~::::~: ~::::::;. :~I:~::::::::::a~:~;:~:S:::t::~::Ss:~:a::m I:f:~:::~o:h:~ the credentials of the historic preservation advisory oommission ~9ir~ members must be kept on file in the office of the clerk of the city commission and available during regular office hours for inspection by the public. This historic preservation advisory oommission ~~irl shall consist of cloven HJj:~:!~9:-ifll! members, as follows: A. +Rfee 1J.!!!il!i~:::~~:r!~:~:~iy!"ni~:!:m9r~:~j:l~q:~;l9:Yr members with professional expertise 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, provided, however that at least one member shall be an architect holding Montana or 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. B. ^ total of three 1j,:::~~iii~~::~~ldl~~~:~~ng~:)M~ri@H~!~~j;;fqpr members shall be . chosen from the finalized list of National Historic Register historic districts in Bozeman, on file at the city-county planning office. As new members are chosen to replace those whose terms have expired, an effort should be made to ensure adequate distribution of representation among the districts. A member may be chosen from a locally designated historic district if strong interest exists among residents of a particular district. C. Memlaers shall include alne representative for the follo'ning commercial neighborhood. This representati've shall operate a business or own property in the neighborhood described as Main Street; t%the commercial area of downtown Bozeman. i"if:!:j~:~~:!I ~~-~ ~~~s ~eh::~~~~I:a~~v:~~r 'i!~~~f~f~~r!'rh~i:~g~!9:~~~#~n~~!:~,!~ijtffl~r~ prerequisite for membership as an at-large representative. ._..(.....'\aW1~ Section 5 That Section 2.80.060 of the Bozeman Municipal Code be amended so that such section . shall read as follows: "2.80.060 ADoointment and Term Vacancv. A. All appointments to the historic preservation advisory oommission ~g~r9 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 oommission pgir~ members shall be staggered and two years in duration. For the initial terms, five mombers of this historio prescwJation advisory eommission shall be appointed for one yoar terms, as follows: ono profossional, two neighborhood representatives, - 2 - two at largo; and six membors shall bo appointed for h'/O year terms, as follows: two profossionals, two noighberhood reprcsentativcs, two at large. C. Vacancies on the oommission ~~i:~q should be filled within si>cty days by appointment in accordance with the procedures adopted by the city commission for appointments to all advisory commissions and boards." Section 6 That Section 2.80.070 of the Bozeman Municipal Code be amended so that such section . shall read as follows: "2.80.070 Staff. A. The preservation officer for Bozeman shall act as staff to the historic preservation advisory commission ~~:lrq. (S)he will be appointed by the historic preservation if!j~iql commission :~p~:rSf with the concurrence of the city commission. In addition, (s)he may be employed by the appropriate city department. B. The preservation officer must have a demonstrated interest, competence or knowledge in historic preservation. 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 oommission liitl, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out." . Section 7 That Section 2.80.080 of the Bozeman Municipal Code be amended so that such section shall read as follows: "2.80.080 MEETINGS - NOTICE OF MEETINGS. A. The historic preservation advisory oommission '~~~:t9 shall conduct a minimum of one regularly scheduled meeting eaCtlmonth, except that the chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this chapter. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by rcsolution of the oommission Bllty. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the historic preservation advisory commission ljg~t~ shall be determined by the chairperson in consultation with the Bozeman city attorney. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. . Notice of the meetings should be calculated to reach all interested and affected members of the community. C. The historic preservation advisory commission igi~~ shall establish its own bylaws conforming to the guidelines set forth in the" Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public." Section 8 That Section 2.80.090 of the Bozeman Municipal Code be amended so that such section shall read as follows: - 3 - --- - -- - --.---..- - _. "2.80.090 POWERS AND DUTIES. The historic preservation advisory oommissiCIA :;9iti shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The historic preservation advisory commiGsion Biiid shall maintain this inventory of identified districts, sites and/or :.:.:.:.:.:.:.:.:.:.:.:.:.:.~.: structures within the city and make this information available to the public; . B. 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; C. Participate in the process of nominating 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; D. Review and comment on planning programs undertaken by the city, zoning commission, city-county planning board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. Consult with city, state and federal agencies on all applications, environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, landmarks or neighboring properties within the city. Comments by the historic preservation advisory oommission pg~1 shall be sent to the . State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriatc ~ia.~li:;iii11$~ii~!i~i~i~~ ~~~i~:rn~~;~~s~~~n~~~~~!!'i:~~~~r!~~ to the zoning regulations and zoning district boundaries; G. Make recommendations to the board of adjustment 9rp~lid;ilm~~~~gn regarding variance applications within any historic overlay zone which requires action I:)'{ tho ZOAiA€! boafd; H. 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 oommission 6.6i:rd may create voluntary design guidelines ,;.:.:.:.:.:.:.:.;.:.:.:.;.;.;. which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation; J. 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 Sections 15-24-1601 et seq., Montana Code Annotated." Section 9 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. ~ 4 - -- . - - -.-,. \ \/ Section 10 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the . provisions of this ordinance are declared to be severable. Section 11 Savings Provision. This ordinance does not affect the rights or duties that matured. penalties and assessments that were incurred or proceedings that begun before the effective date of this ordinance. Section 12 Effective Date. This ordinance shall be in full force and effect thirty (30) days after adoption on second reading. PASSED by the City Commission of the City of Bozeman, Montana, at a regular session . thereof held on the 22nd day of December 1997-. (' f)~ ?~L~..~ DON E. STUECK, Mayor ATTEST: ~/~- R BIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of January 1998. ATTEST: ~~F,~r-~ . QtJ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ,,/j ./ / t:,4 <'7 1ai(~ .<,~?:'~/~ PAUL J.)AJWE . City Attorney - 5 .