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 unless specifically exempted. The recommendations of the design review board or administrative design review staff must be given careful consideration in the final action of the review authority.

B.

Sections 38.340.010 through 38.340.130 define and set 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.

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 part 1 recognizes that this diversity is a contributing element of the historic character of these neighborhoods or areas. The provisions of this part 1 must 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. The district boundary may be revised as additional cultural resource survey work is completed. This part 1 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 citizens of the city. It will be the policy and responsibility of the administrative entities of this part 1 to:

1.

Protect, preserve, enhance and regulate historically significant 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;

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 the city's history and prehistory;

4.

Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; and

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.

G.

It is further the purpose of this article to protect historic structures and sites as defined in article 7 of this chapter by requiring any person seeking to demolish or move a historic structure or site to comply with section 38.230.080 whether or not the structure is located within the NCOD.

A.

The DRB and administrative design review staff will review and make recommendations to the review authority 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.

B.

In carrying out this mission, in addition to the duties established in division 38.200 of this chapter, the design review board and administrative design review staff must 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.

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 division 6, Historic Preservation Advisory Board of article 5, chapter 2, and division 38.260, Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the designation or revision of landmark status.

A.

A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows:

1.

No building, demolition, sign or moving permit may 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.

a.

Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards:

(1)

Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.

(2)

Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit.

(3)

Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit.

(4)

Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope.

(5)

Photovoltaic panels which are flush mounted to a roof.

2.

Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply.

(Ord. No. 2014, § 4, 6-3-2019; Ord. No. 2105, § 7, 9-27-2022; Ord. No. 2124, § 22, 10-18-2022)

A.

All work performed in completion of an approved certificate of appropriateness must be in conformance with the most recent edition of the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, 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 community development 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, must focus upon the following:

1.

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 non-period appurtenances, such as mechanical equipment; and

9.

Materials and color schemes (any requirements or conditions imposed regarding color schemes must 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).

C.

Contemporary, non-period and innovative design of new structures and additions to existing structures is 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 through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district. 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 for new structures or additions to existing structures, the review authority must 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 chapter. Development in the NCOD must comply with all other applicable development standards of this chapter.

F.

Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2.

Applications for certificates of appropriateness must be made in conjunction with applications for site plan approval in accordance with division 38.230 of this chapter. Where development projects in the conservation district require only sketch plan review per division 38.230 of this chapter (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 must be made on a form provided by the community development department, and must include the information and material set forth in division 38.220 of this chapter.

A.

Because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, some buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration, rehabilitation and appropriate new construction activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted as described in division 38.250 of this chapter. The criteria for granting deviations from the underlying zoning requirements are:

1.

Modifications must be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050, than would be achieved under a literal enforcement of this chapter;

2.

Modifications will have minimal adverse effects on abutting properties or the permitted uses thereof; and

3.

Modifications must 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 part 1.

(Ord. No. 1994, § 2, 3-31-2018)

A.

The demolition or movement of any structure or site must be subject to the provisions of this article. This process applies to:

1.

Historic properties and sites, as defined in article 7 of this chapter.

2.

Non-historic properties per section 38.340.100.

3.

Unsafe structures whether historic or non-historic per section 38.340.110. The provisions for unsafe structures take priority over other provisions for demolition.

B.

An application to move or demolish a structure subject to this article must follow the applicable review procedures.

C.

Optional provisional review of demolition. A property owner may request provisional review of the proposed demolition of a structure subject to this article prior to submittal of a certificate of appropriateness application for seeking demolition of the structure. The director of community development may establish criteria for the application for provisional review of demolition. Provisional review is advisory only and does not constitute approval to demolish a structure. Provisional review must consider:

1.

The property's historic significance and a neighborhood's historical significance.

2.

Whether the structure has no viable economic life remaining. "No viable economic life remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in article 10.02, exceed the costs of demolition and redevelopment to minimum standards with a building of the same type and scale.

(Ord. No. 1994, § 3, 3-31-2018)

A.

Certificate of appropriateness (COA) for demolition and subsequent development. Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure or site.

B.

Public notice. Proposals for demolition of historic properties within the city limits require public notice. Notice of application(s) must be provided in accordance with division 38.220 of this chapter.

C.

Criteria. The review authority must consider the following factors in evaluating applications for demolition or movement of a historic structure or site and subsequent redevelopment:

1.

The property's historic significance.

2.

Whether the structure has no viable economic life remaining. "No viable economic life remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable condition as established by the applicable technical codes in article 10.02, exceed the costs of demolition and redevelopment to minimum standards with a building of the same type and scale.

3.

Whether the subsequent development complies with section 38.340.050.

4.

Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings.

5.

Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s).

Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to section 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based on the criteria in section 38.230.100.

D.

Review process.

1.

Upon application for a COA for demolition and subsequent development the review authority may:

a.

Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions.

b.

Deny the COA application.

2.

COA approval.

a.

Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. The review authority must approve the COA for demolition and subsequent development.

b.

Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority must approve the COA for demolition and subsequent development.

3.

If an application for demolition or moving is denied due to failure to meet section 38.340.090.C issuance of a demolition or moving permit must be stayed for a period of two years from the date of the denial in order to allow the 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 this section.

a.

Early termination of two-year stay. An owner of property subject to a stay under this section may seek early termination of the stay if the owner demonstrates s/he has actively and in good faith sought alternatives to demolition. These alternatives may include but are not limited to: listing the property for sale as a historic property; actively seeking input from neighborhood groups and interested parties; exploring alternative funding sources for stabilization and/or reconstruction; and offering the property for relocation.

b.

If, upon expiration of the two-year stay of demolition, no alternate proposals have been approved or sufficient evidence has not been presented to otherwise terminate the stay, an application for a demolition permit may be presented to the city pursuant to chapter 10, article 3 or 4 of this Code. If all requirements of the demolition permit are satisfied, including documentation of the structure to be moved or demolished and the review authority has approved the subsequent development and has issued a building permit for the subsequent development, a demolition permit pursuant to chapter 10, article 3 or 4 must be granted and no other proceedings under this chapter are required.

c.

The two-year stay does not begin to run if denial of a COA to demolish a historic structure or site is based on the failure of the applicant to make a complete and adequate submittal or to propose a subsequent treatment which complies with the standards of this chapter.

4.

Standard requirements.

a.

Subsequent development of the site must receive zoning approval, building permit approval, and pay all related fees prior to issuance of a demolition permit.

b.

Documentation of the structure must be completed and submitted to the historic preservation officer and deemed complete and adequate prior to issuance of a demolition permit per paragraph section 38.340.120.

c.

The review authority may require a developer to enter into a development agreement with the city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part of a historic structure in the neighborhood conservation overlay zoning district or in a designated historic district. The development agreement may provide for conditions of demolition, timing of reconstruction, and may require the developer to post a surety bond naming the city as a beneficiary for not more than ten percent of the costs of the overall reconstruction budget as a guarantee that construction of the replacement structure will commence promptly upon completion of the demolition. This requirement is in addition to any other requirement of this code.

A.

Certificate of appropriateness (COA) for demolition and subsequent development. Required for all properties proposed for demolition or movement of any structure or site. Subsequent development does not include proposals which leave the site without building(s) or structure(s).

B.

Public notice. Notice must be provided in accordance with division 38.220 of this chapter.

C.

Criteria.

1.

The applicable criteria are the COA criteria of section 38.340.050.

2.

The subsequent development must include construction of new building(s) unless the immediately prior character of the area did not include buildings.

D.

Review process.

1.

Upon application for a COA for demolition and subsequent development the review authority may:

a.

Grant preliminary or final approval of the demolition with standard contingencies and/or project specific conditions.

b.

Deny the COA application.

2.

COA approval.

a.

Preliminary COA approval. After preliminary approval with contingencies or conditions requiring follow up work, the applicant may apply for final COA approval and must demonstrate compliance with development standards and completion of contingencies and conditions, including documentation. The review authority must approve the COA for demolition and subsequent development.

b.

Final COA approval. If the submitted application materials demonstrate compliance with development standards and completion of contingencies and conditions, including documentation, the review authority must approve the COA for demolition and subsequent development.

3.

Standard requirement. Subsequent treatment of the site must receive zoning approval prior to issuance of a demolition permit. Subsequent treatment may include replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where storm-water runoff and weeds are controlled and landscaping is reestablished.

A.

Certificate of appropriateness (COA) for demolition and subsequent development. Upon application and the chief building official's determination that the property is unsafe, the review authority may approve demolition and subsequent development. Subsequent development for an unsafe structure may be its replacement with a new building, integration of the area into a larger site which will support future development, or reclamation of the site to a safe, graded condition where storm-water runoff and weeds are controlled.

B.

Public notice. Notice must be provided in accordance with division 38.220 of this chapter.

C.

The demolition of unsafe properties/structures may be subject to the public nuisance abatement provisions of chapter 16, article 2 of this code. Upon the chief building official's determination that the property is unsafe and declaration of a public nuisance if the property owner does not resolve the unsafe condition, the review authority must give final approval on a COA, which may be initiated by the city, and the demolition permit will be issued so the city may abate a nuisance.

D.

The provisions of this section may be initiated by a land owner; or by the city in accordance with article 16.02.

A.

Documentation. All structures or sites approved for demolition or moving must be fully documented.

1.

The director of community development must establish by administrative order rules for documentation of non-historic and historic properties. This documentation must be created by a professional who satisfies professional qualification standards for History, Archeology or Architectural History, as established by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61.

2.

Documentation may be submitted as early in the process as the property owner desires to support the requested action, and to further the consideration and review of the request, but not later than prior to issuance of a building permit.

B.

A building permit application, in accordance with applicable codes and requirements, must be submitted and approved before any demolition or construction is allowed.

C.

All fees and charges applicable to review of the request for demolition and construction of the subsequent development (e.g. parkland, water rights, impact fees) must be paid prior to issuance of a building or demolition permit.

1.

When required by the city, this must include a financial security in a form approved by the city attorney ensuring completion of the demolition and reclamation of the site to a safe condition.

D.

In addition to the remedies in division 38.200 of this chapter, 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.

Each property or structure located in the conservation district must be maintained in safe condition and good repair as required in sections 16.02.030 and 16.02.040. Nothing in this division 38.340 must be construed to prevent normal maintenance and repair of any exterior feature of any historic structure which does not involve a building permit. Interior arrangements or alterations to the interior of a building must not be subject to this requirement.