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Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 1 20.85 Review and Approval Procedures 20.85.010 Review and Decision-making Authority (Summary Table) 20.85.020 Common 20.85.030 Review and Decision-Making Criteria; Burden of Proof or Persuasion.................20.85-5 20.85.040 Text 20.85.050 Zoning Map Amendments (Rezonings) 20.85.060 Planned Unit Developments 20.85.070 Conditional 20.85.080 Design 20.85.085 Historic Preservation 20.85-X 20.85.090 20.85.100 Appeals of Administrative 20.85.110 Administrative Adjustments 20.85.120 Zoning Compliance 20.85.130 Zoning Compliance 20.85.140 Final Zoning Compliance 20.85.010 Review and Decision-making Authority (Summary Table) The following table provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern. Procedure Zoning Officer Design Review Board Historic Preser- vation Board of Adjustme nt Planning Board City Council (N)ewspaper (M)ailed (P)osted Procedures Requiring a Public Hearing Text Amendments R – – N Zoning Map Amendments R – – N,M,P Planned Unit Developments (PUDs) └Preliminary Development Plan R – – N,M,P └Final Development Plan DM – – – Conditional Uses R – – N,M,P Design Review R – – N,M,P Historic Preservation Permit * R/DM N,M,P Variances R – – – N,M,P Appeals of Administrative Decisions – – – – N,M,P Procedures that do not Require a Public Hearing Administrative Adjustments DM – – – M, P Zoning Compliance Permits └Zoned Land DM – – – └Unzoned Land DM – – – Zoning Compliance Review └Zoned Land DM – – – └Unzoned Land DM – – – Final Zoning Compliance Approval DM – R = Review Body (Responsible for Review and Recommendation) DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny) A = Local (de novo, non-judicial) appeal < > = Public Hearing Required * Historic Preservation Permit may be granted by Zoning Officer if standards are met. ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 2 20.85.085 Historic Preservation Permit Editor’s Note: New subsection established with text moved from proposed 20.30. Motions made in PAZ and amendments that are part of the main motion (made by Dave Strohmaier on January 27, 2010) are incorporated. Any recommended additional corrections are shown as tracked changes. A. Intent The purpose of this Chapter is to establish a uniform procedure for the identification, protection, enhancement, perpetuation, and use of Historic Resources within the city that reflect unique elements of the City's architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social and other heritage. See also 20.30 Historic Preservation. B. Authority to File Applications for historic preservation permit approval may be initiated only by the owner of the subject property or by the owner’s authorized agent. Editor’s Note: Section B, above, is similar to text for other procedures that are part of Chapter 20.85. C. Historic Preservation Permit A zoning compliance permit for an Action Subject to Review shall not be issued until the Commission issues an HPP. 1. The HPP shall be in addition to any other required permits, and the City shall not issue a building, Demolition or other permit authorizing work on site until the Commission issues an HPP. 2. Actions Subject to Review include alterations to an Historic Resource, new construction in Historic Overlay Districts, relocation of an Historic Resource, and demolition of an Historic Resource, as defined in Section 20.30.030(A). 3. Ordinary repair and maintenance, like painting and repair of windows, is not an Action Subject to Review. . 4. To avoid undue delay, the HPP permit review should occur prior to or simultaneously with any other permit reviews the applicant has before the City. 5. Any subsequently issued permit shall be consistent with the terms and conditions of the HPP. 6. If an Action Subject to Review occurs without an HPP, the Officer may request that the Building Department issue a Stop Work Order, and all other enforcement provisions in this Chapter may be applied. ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 3 D. Application Filing 1. Parties seeking an HPP are strongly encouraged to schedule a pre- application meeting with the Officer to obtain guidance about the application process. 2. A completed HPP application shall be submitted to the Officer and shall include the following information: a. Name, address and telephone number of applicant; b. Address and legal description of the Historic Resource; c. Detailed description of the proposed work; d. Photograph of each elevation for which an Action Subject to Review is proposed, and photographs or drawings that clearly illustrate the nature and extent of the action proposed. Photographs and drawings shall be mounted and clearly annotated with the resource address and elevation (front, side, rear façade) and elevation direction (north, south, east, west); e. A site plan, drawn to scale and oriented with North at the top of page, showing site boundaries, street and alley names and frontages and location of all structures; and f. A statement demonstrating how the proposed work meets the Review Criteria and any applicable Design Guidelines. 3. The Commission or Officer may request the following additional information: a. Elevation drawings, plans, specifications to scale or other illustrations that will clearly express the proposed Action Subject to Review; b. Material samples; c. Historical information, photographs, plans or other documentation that may be relevant to the proposed Action Subject to Review; and d. Other information necessary to enable the Commissioners to visualize the proposed work. 4. The Commission or Officer may require a new or amended application if there is a change in plans for Actions Subject to Review. If a new or amended application is submitted, the review procedures provided for in this Chapter shall apply in the same manner as if the application had been submitted for the first time. E. Notice of Hearing 1. Newspaper Notice If a public hearing is required, at least 2 separate notices of the public hearing must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020.D.3 for additional information on public hearing notices) ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 4 2. Mailed Notice Notice of required public hearings on must be mailed to the subject property owner and all owners of property within 150 feet of the subject parcel at least 15 days before the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighborhood at least 15 days before the scheduled hearing. (See 20.85.020.D.3 for additional information on public hearing notices) 3. Posted Notice Notice of required public hearings on the HPP must be posted on site at least 15 days before the public hearing. (See 20.85.020.D.3 for additional information on public hearing notices) Editor’s note: this conforms to other notice requirements for required public hearings. F. Historic Preservation Officer Review 1. The Officer shall review HPP applications for completeness. 2. When an applicant seeks Alternative Compliance, the Officer shall determine whether the conditions in Section 20.30.100 20.85.085.I have been met. 3. The Officer shall prepare an HPP report for each HPP application that includes the following: a. A summary of the Actions Subject to Review; b. Applicable review criteria and any applicable Design Guidelines triggered by the proposed Action Subject to Review; c. Description of whether and how the proposed Action Subject to Review meets or does not meet applicable review criteria and Design Guidelines; and d. Conditions recommended to be imposed on the HPP, if any, in order to meet applicable review criteria and Design Guidelines. e. When an applicant seeks Alternative Compliance, the recommended manner for alternatively complying with the applicable review criteria and Design Guidelines. 4. An HPP application for New Construction, Relocation or Demolition requires Commission review at a public hearing. Additionally, any application seeking Alternative Compliance requires Commission review at a public hearing. 5. An HPP application for Alterations that clearly meets the review criteria of Section 20.30.140, 20.85.085.H, and any applicable Design Guidelines, may be approved by the Officer without Commission review, subject to the following process: a. For those applications the Officer intends to approve, the Officer shall make the applications available for review by Commissioners and Interested Parties for a period of one week. b. During the one week review period a Commissioner or Interested Party may request that the HPP application be reviewed by the Commission at a public hearing. c. If, after one week, no Commission hearing is requested, the Officer shall ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 5 approve the HPP application. 6. If an HPP application for Alterations does not clearly meet the review criteria of Section 20.30.140, 20.85.085.H and any applicable Design Guidelines, further Commission review is required at a public hearing. G. Commission Action on Historic Preservation Permit Applications. 1. Except for Officer reviewed alterations under Section 20.30.110.E, 20.85.085.F.5, the Commission shall review and decide on an HPP application at a scheduled public meeting. The Commission’s decision shall occur within sixty days from the date the completed application was received (90 days for applications involving a Demolition or Relocation). If the Commission is unable to process the request within sixty days of receipt of the completed application, the Commission may request an extension of time from the applicant. If an application is not processed within 60 days of submittal (90 days for applications involving a Demolition or Relocation) and no extension of time is granted by the applicant then the HPP is approved. 2. For HPP applications that do not seek Alternative Compliance, the Commission may approve, approve with conditions, or deny an HPP application as follows: a. The Commission shall approve an HPP application if it determines that the Action Subject to Review meets the Criteria for Review and any applicable Design Guidelines. b. The Commission shall approve an HPP application with conditions if it determines that the Action Subject to Review substantially meets the review criteria, and any applicable Design Guidelines, and that only minor modifications to the plans for the proposed Action Subject to Review are required to bring it into compliance. c. The Commission shall deny an HPP application if it determines that the Action Subject to Review does not meet the review criteria and any applicable Design Guidelines, and that more than minor modifications to the plans for the proposed Action Subject to Review are required to bring it into compliance. 3. For HPP applications that seek Alternative Compliance, the Commission may, in its discretion, approve, conditionally approve, or deny the application. Before approving or conditionally approving such an application, the Commission must find that the exceptional practical difficulty to the applicant outweighs the need for strict adherence to this Chapter. H. Criteria for Review of Alterations and New Construction Except as otherwise approved in this Section 20.30, the characteristics of an Historic Resource that qualify it for designation shall be preserved and existing setbacks illustrating historic patterns of development shall be retained. Before issuing an HPP for Alterations or New Construction, the Commission shall consider the cumulative effects on the integrity of the City’s Historic Resources resulting from the requested HPP, any other pending HPP applications, and any previously issued HPPs. The ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 6 Commission also shall review the HPP application for compliance with the Secretary of Interior’s Standards for Rehabilitation and/or any applicable Design Guidelines and the following criteria: 1. Alterations shall be compatible with the relevant characteristics or character defining features that qualify the Historic Resource for designation and shall not diminish, eliminate, or adversely affect the historic character of the Historic Resource. Consideration shall include, but not be limited to, elements of: a. Size; b. Scale; c. Lot coverage d. Massing; e. Proportion; f. Architectural style; g. Orientation; h. Surface textures and patterns; i. Details and embellishments; and j. Relation of these elements to one another. 2. New Construction in Historic Overlay Districts is not required to conform to specific architectural styles. Design of New Construction shall be compatible with the character of Historic Resources in the immediate area, but shall distinguish itself from Historic Resources and not create a false sense of history. 3. Alternative materials may be substituted for original materials when they have the same dimensions and form as original materials. 4. Photovoltaic and solar hot water equipment are permitted and are not subject to this ordinance. I. Alternative Compliance for Alterations or New Construction 1. In cases of exceptional practical difficulty or undue hardship, Alternative Compliance may be available for HPP s for Alterations or New Construction. Alternative Compliance is not available for HPP s for Relocation or Demolition. A property owner unable to comply with the HPP review criteria and any applicable Design Guidelines may propose alternative forms of compliance if the following conditions exist: a. That by reason of unusual circumstances not of the applicant’s own making, the strict application of this Chapter would result in either: i. Exceptional practical difficulty due to unique physical circumstances or conditions on the property that preclude an Alteration or New Construction in compliance with this Chapter, as based on the following factors: 1. Irregularity; 2. Narrowness; 3. Shallowness; 4. Topographical slope; 5. Lot configuration; or 6. Other physical conditions peculiar to the property; ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 7 Or b. Undue hardship that precludes an Alteration or New Construction from complying with this Chapter, as based on the following factors: i. The unavailability of any reasonable, historically correct preservation methodology; ii. The degree of existing architectural significance and integrity of the Historic Resource; and iii. Whether the strict application of this Chapter would prevent the reasonable use of the property. 2. Alternative materials may be substituted for original materials when they have the same dimensions and form as original materials, but represent more efficient technology. 3. An applicant seeking Alternative Compliance shall provide the Officer supporting documentation demonstrating that the conditions set forth in this Section are met. J. Criteria and Procedure for Review of Relocation and Demolition Historic Preservation Permit 1. Criteria for Review: The Commission shall review the HPP application for compliance in accordance with the following criteria: a. The applicant has consulted with the Commission and the State Historic Preservation Office, and made a good faith effort to find an alternative that would result in the preservation, renovation, or reuse of the Historic Resource; b. The applicant has advertised the Historic Resource for sale in a local newspaper of general circulation for a period of 30 days; c. The applicant’s good faith efforts to find a purchaser interested in acquiring and preserving, renovating, or reusing the Historic Resource have failed; and d. Denying the application would prevent all reasonable economic use of the property. The applicant shall provide the Officer supporting documentation demonstrating that the above criteria are met. 2. Relocation and Demolition Delay: Upon receipt of a completed HPP application for Demolition or Relocation, the Commission may impose a Relocation or Demolition delay for 90 days to allow sufficient time to explore preservation of the Historic Resource. 3. Mitigation: a. If an HPP for Relocation or Demolition is approved, the applicant shall mitigate the adverse effects of Relocation or Demolition by providing, to the extent possible, documentation, similar to HABS/HAER, of the Historic Resource prior to undertaking the Relocation or Demolition. b. If Relocation or Demolition results in conversion to a use not requiring buildings or structures, such as a parking lot, the area shall be buffered from other Historic Resources by landscaping, walls, or fencing. ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 8 K. Demolition by Neglect Neither the owner of, nor the person in charge of, any Historic Resource shall permit such structure or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenances or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the Historic Resource in question, including but not limited to: 1. The deterioration of exterior walls or other vertical supports. 2. The deterioration of roofs or other horizontal members. 3. The deterioration of exterior chimneys. 4. The deterioration or crumbling of exterior plaster or mortar. 5. The ineffective waterproofing of exterior walls, roofs, and foundations including broken windows or doors. 6. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe conditions. L. Record of Decision on Historic Preservation Permit. 1. All decisions of the Commission shall be memorialized in a written record of decision, which shall be provided to the applicant within thirty days of the public meeting at which the decision was made. 2. The record of decision shall include findings of fact and conclusions relied upon in reaching the decision pertaining to the approval, conditional approval, or denial of the HPP application. 3. The Officer shall include a copy of the record of decision as part of the documentation maintained on the Historic Resource and shall distribute a copy to the Building Inspection Division of the Missoula Public Works Department. M. Void if Construction Not Commenced. Approved HPPs expire two years from the date of issuance unless the authorized work is started within that time. N. Interim Permit in Hazardous or Unsafe Conditions. The officer may grant interim permits to stabilize and mitigate immediate and serious threats to public safety in extenuating circumstances such as acts of God, fire, or earthquakes. Upon expiration of the interim permit, any subsequent actions taken that are Actions Subject to Review shall be subject to the HPP process pursuant to this Chapter. O. Transferability The status of Historic Preservation Commission approval is not affected by changes of tenancy, ownership, or management. ---PAGE BREAK--- Excerpt from Title 20.85 Preparation for PAZ 2-10-2010 Page 9 P. Appeals Appeals to decisions of the historic preservation officer and to decisions of the historic preservation commission may be made to the Missoula City Council in accordance with the process described in 20.85.100. Variance requests may be made to the Board of Adjustment in accordance with 20.85.090.