The purpose of this chapter is to establish a local historic preservation program to promote the preservation of historic and prehistoric sites, structures, objects, buildings, and districts through the identification, evaluation, and protection of historic resources within the city. (Ord. 1549, 5-5-1986; amd. Ord. 1681, 1-2-2001)

In order to carry out the purposes of this chapter, a historic resources commission is hereby created. This historic resources commission shall consist of up to seven (7) members who are residents of Fergus County, six (6) of whom shall reside within the jurisdictional area of the city-county planning board and one who may reside outside the jurisdictional area of the city-county planning board. Inasmuch as possible, the commission shall consist of the following mix:

   (A)   Three (3) 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.

   (B)   Two (2) members who include a realtor licensed in the state of Montana, or a local owner of property that has been nominated to the national register of historic places and/or member of the city-county planning board.

   (C)   Two (2) members who have an interest in historic resources located within the jurisdictional area of the city-county planning board.

All historic resources commission members shall have a demonstrated interest, competence, or knowledge in historic preservation. Information on the credentials of the historic resources commission members must be kept on file and available to the public. (Ord. 1724, 1-5-2009)

   (A)   All appointments to the historic resources commission will be made by the city commission.

   (B)   Terms of office of the historic resources commission members shall be staggered and two (2) years in duration. There need not be a limit of the number of consecutive terms served by any one member. Upon enactment of this chapter, two (2) members shall be appointed to one year terms.

   (C)   Vacancies on the historic resources commission shall be filled within sixty (60) days by appointment by the city commission. (Ord. 1681, 1-2-2001)

   (A)   A historic preservation officer shall be appointed to act as staff to the historic resources commission. He/she will be appointed by the city manager.

   (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 historic resources commission, government agencies, and the public and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. (Ord. 1681, 1-2-2001)

   (A)   The historic resources commission shall hold a minimum of one regularly scheduled meeting each month, 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.

   (B)   Requirements for notice of meetings of the historic resources commission shall be determined by the chairperson in consultation with the city attorney. All meetings shall be held in public and 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 in sufficient time to enable them to participate meaningfully, through circulation, radio public service announcements, news releases to local news media or any other method deemed necessary and appropriate.

   (C)   The historic resources commission shall establish bylaws conforming to the Montana certified local government program and make all written and taped minutes, reports and case decisions available to the public. (Ord. 1549, 5-5-1986; amd. Ord. 1681, 1-2-2001)

The historic resources commission shall have the power to:

   (A)   Maintain a system for the survey and inventory of historic and prehistoric properties. The historic resources commission 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 an 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. This includes reviewing and commenting on any national register nominations of property within the city.

   (D)   Review and comment on planning programs undertaken by the city, state and federal agencies which relate to historic resources such as land use, municipal improvements, housing, and other types of planning.

   (E)   Consult with the city, county, state and federal agencies on all applications, environmental assessments, environmental impact statements, and other similar documents pertaining to historic districts, landmark sites, landmarks or properties.

   (F)   Review the city's zoning regulations for their applicability to issues of historic preservation and make appropriate recommendation to the city-county planning board concerning any changes or modifications to the zoning regulations and zoning district boundaries.

   (G)   Make recommendations to the board of adjustment to approve or disapprove applications for variance.

   (H)   Render advice and guidance upon request of property owners as to the restoration, alteration, decoration, landscaping or maintenance of historic buildings or structures. The historic resources commission shall create design guidelines which will be made available to the public for assistance in preservation projects.

   (I)   Participate in, promote, and conduct public informational, educational, and interpretive programs pertaining to historic preservation.

   (J)   Take any action necessary to ensure compliance with state guidelines regarding certification. (Ord. 1549, 5-5-1986; amd. Ord. 1681, 1-2-2001)

The historic resources commission established herein shall make quarterly reports to the city commission discussing its activity for the past quarter. Minutes of historic resources commission meetings and any other information deemed necessary may be appended to such quarterly reports. (Ord. 1681, 1-2-2001)