Loading...
HomeMy WebLinkAboutDivision 6 Historic Preservation Advisory Board DRAFT ordinance revisions_10 01 2015 edits 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 and protect 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 and evaluation of historic resources 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 9 members, as follows: 1. At least three members 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; 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. 3. At least one member shall 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 designated district. 4. Four members shall be at-large representatives who reside or own property within the City Limits. 5. Quorum. A quorum shall be comprised of a minimum of 50 percent of the appointed members, of which at least one shall be a professional member. (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. 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 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) 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 Comment [CHK1]: The BHPAB recommends 9 members in order to be more inclusive. Doesn’t make sense to limit the number of positions on this board when the community’s population and built environment is growing. Comment [c2]: Does this mean that the architect is a fourth professional? Comment [CHK3]: The BHPAB recommends keeping one at-large position as from a district, for the sake of having representation for the owners in an established historic district. Draft by C. Kramer, 08.30.2015 0Page 3 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 quarter. 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 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. 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 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 maintenance and updating of the survey and inventory of historic and prehistoric properties. The Board will make an annual recommendation prioritizing areas or sites within the City Limits for cultural resource survey work. 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; 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 review authority regarding zoning applications pertaining to historic properties which require public notice. Draft by C. Kramer, 08.30.2015 0Page 4 8. 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; 9. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation; 10. 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. 11. What are the legalities of the Preservation Board raising funds to support their powers and duties? (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. Comment [c4]: Allocation of COA revenue to fund survey work?