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HomeMy WebLinkAboutDivision 6 Historic Preservation Advisory Board DRAFT ordinance revisions Draft by C. Kramer, 08.30.2015 0Page 1 DIVISION 6. - HISTORIC PRESERVATION ADVISORY BOARD FOOTNOTE(S): --- (13) --- State Law reference— Antiquities, MCA 22-3-101 et seq. Sec. 2.05.850. - Purpose and intent. The purpose and intent of this division is to provide for an appointed citizen board for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes, identifying, evaluating and protecting historic resources within Bozeman, and educating the general public about historic preservation. (Code 1982, § 2.80.010; Ord. No. 1180, § 1, 1985; Ord. No. 1454, § 1, 1998) Sec. 2.05.860. - Object. This division is designed as a measure to establish a local historic preservation program designed to promote the preservation of 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 include the identification, evaluation and protection of historic resources within the city through regularly enacted cultural resource surveys. (Code 1982, § 2.80.020; Ord. No. 1180, § 2, 1985) Sec. 2.05.870. - Scope. The historic preservation advisory board shall serve in an advisory capacity to the city commission, city planning board, zoning commission and other staff members or boards seeking advice on historic preservation issues. (Code 1982, § 2.80.030; Ord. No. 1180, § 3, 1985; Ord. No. 1454, § 2, 1998) 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. (Code 1982, § § 2.80.040; Ord. No. 1180, § 4, 1985; Ord. No. 1454, § 3, 1998) Draft by C. Kramer, 08.30.2015 0Page 2 Sec. 2.05.890. - Establishment and quorum. A. In order to carry out the purpose of this division, an historic preservation advisory board is created. All historic preservation advisory board members shall have a demonstrated interest, competence or knowledge in historic preservation. 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. This historic preservation advisory board shall consist of up to 15 7 members, as follows: 1. At least three but not more than four members with shall have 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 a 2. At least one member shall be an architect holding state 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. 2. At least two but not more than four members shall be representatives living in a Bozeman historic district, on file at the city 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. 3. One representative for the commercial neighborhood. This representative shall operate a business or own property in the neighborhood described as Main Street — the commercial area of downtown Bozeman. 4 3. At least four, but no more than six Three members shall be at-large representatives. Residency within the city shall not be a prerequisite for membership as an at-large representative. Residency or ownership of a business within an historic district is preferred for at-large members. 5. Quorum. A quorum shall be comprised of a minimum of 50 percent of the members, of which at least two one shall be the professional members. (Code 1982, § 2.80.050; Ord. No. 1180, § 5, 1985; Ord. No. 1252, § 1, 1987; Ord. No. 1296, § 1, 1989; Ord. No. 1454, § 4, 1998) 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. (Code 1982, § 2.80.060; Ord. No. 1180, § 6, 1985; Ord. No. 1252, § 2, 1987; Ord. No. 1454, § 5, 1998) Sec. 2.05.910. - Staff. Draft by C. Kramer, 08.30.2015 0Page 3 A. The preservation officer for Bozeman shall act as staff liaison to the historic preservation advisory board. The preservation officer will be appointed by the historic preservation advisory board with the concurrence of the city commission. In addition, Tthe preservation officer may shall be employed by the appropriate city department. A member of the historic preservation advisory board shall participate in the City’s process for selection and hiring of a Preservation Officer when the position is vacant. B. The preservation officer shall satisfy the Secretary of the Interior’s Professional Qualification Standards. (link for future reference) 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 board, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this division are carried out. (Code 1982, § 2.80.070; Ord. No. 1180, § 7, 1985; Ord. No. 1454, § 6, 1998) Sec. 2.05.920. - Meetings; notice of meetings. A. The historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each month., except that the 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. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least 24 hours before the time set for the meeting. The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least forty eight (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. Requirements for public notice of meetings of the historic preservation advisory board 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 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. and make aAll written or taped minutes, reports and case decisions shall be made available to the public. (Code 1982, § 2.80.080; Ord. No. 1180, § 8, 1985; Ord. No. 1454, § 7, 1998) Sec. 2.05.930. - Powers and duties. A. The historic preservation advisory board shall have the powers and duties to: 1. Advocate for the mMaintenanceain a system and updating of for the survey and inventory of historic and prehistoric properties. The historic preservation advisory board shall maintain this inventory of identified districts, sites and/or structures within the city and make this information available to the public; 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; Draft by C. Kramer, 08.30.2015 0Page 4 3. 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; 4. Review and comment on planning programs undertaken by the city, zoning commission, city 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 is being taken; 5. 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 board shall be sent to the state historic preservation office; 6. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make recommendations to the appropriate advisory body or decision- making body concerning any changes or modifications to the zoning regulations and zoning district boundaries; 7. Make recommendations to the board of adjustment or city commission regarding variance applications within any historic overlay zone; 87. 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; 98. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation; 109. 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. (Code 1982, § 2.80.090; Ord. No. 1180, § 9, 1985; Ord. No. 1296, § 2, 1989; Ord. No. 1454, § 8, 1998) Secs. 2.05.940—2.05.1090. - Reserved.