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DRAFT DATED: 2/16/10 As amended by the Plat Annexation and Zoning Committee on January 27, 2010 ORDINANCE AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE TITLE 20 ESTABLISHING CHAPTER 20.30 ENTITLED “HISTORIC PRESERVATION” AND AMENDING CHAPTER 20.85, ENTITLED “REVIEW AND APPROVAL PROCEDURES” BY AMENDING SECTION 20.85.010 AND CREATING SECTION 20.85.085. BE IT ORDAINED THAT TITLE 20, CHAPTER 20.30 IS HEREBY ESTABLISHED, SECTION 20.85.010 IS HEREBY AMENDED, AND SECTION 20.85.085 IS HEREBY ESTABLISHED AS FOLLOWS: (Remainder of page intentionally blank) DRAFT DATED 12 February 2010 1 ---PAGE BREAK--- Chapter 20.30 Historic Preservation 20.30.010 Purpose. The City recognizes that our community contains irreplaceable Historic Resources that significantly enhance our sense of place and cultural heritage. Furthermore, these regulations and standards are established to: Editor’s Note: Statement describing procedure from above paragraph is moved to 20.85.085. Promote and safeguard the Cityʹs heritage; A. Enhance the Cityʹs ability to visually convey its history; B. Stimulate revitalization and enhance property values in the City; C. Increase economic and financial benefits to the City and its inhabitants; D. Attract tourists and visitors to the City; and E. Promote civic and neighborhood pride and a sense of identity. 20.30.020 Relationship to Other Provisions. The designation of a resource as an Historic Resource does not change the underlying zone classification of the Historic Resource and does not exempt Historic Resource owners from complying with other city building and zoning regulations. A designation may place further restrictions upon the Historic Resource than the building or zoning regulation requires. Actions subject to review require an historic preservation permit and shall follow the review procedures described in Chapter 20.85.085. DRAFT DATED 12 February 2010 2 ---PAGE BREAK--- 20.30.030 Definitions A. Actions Subject to Review are development activities that require review by the Historic Preservation Commission and/or the Historic Preservation Officer prior to the issuance of a zoning compliance permit. Ordinary maintenance that does not require zoning compliance permit, like painting, repairing siding or window repair, does not require review. Per State of Montana codes, public development activity on government owned property is not subject to compliance under this ordinance. Those reviewable development activities are: 1. Alteration to an Historic Resource, which includes any addition, removal, reconfiguration or modification to the Historic Resource that changes the design, material, or character defining features, and changes to or removes character defining architectural features; 2. New Construction in Historic Overlay Districts where the standards apply, which includes any free standing building, structure, object or feature that was not a part of an Historic Resource at the time of designation; 3. Relocation of an Historic Resource, which includes the removal of an Historic Resource from its historic context; and 4. Demolition of an Historic Resource, which includes the razing, destruction, or dismantling of an Historic Resource to the degree that its character defining features are substantially obliterated. B. Alternative Compliance is a manner in which an Historic Resource owner may, in cases of exceptional practical difficulty or undue hardship, alternatively comply with the provisions of this Chapter when seeking an Historic Preservation Permit for Alteration or New Construction. C. Contributing Resources are Historic Resources that reflect the unique elements of the Historic District’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, or other heritage features, and which have been identified as such pursuant to the Designation. D. Commissioner is a person duly appointed to the Historic Preservation Commission. E. Historic American Building Survey/Historic American Engineering Record Documentation (“HABS/HAER”) is archival level documentation, which may include large‐or‐medium format, black and white photographs, measured drawings, or written historical reports pursuant to Secretary of the Interior standards for architectural and engineering documentation. DRAFT DATED 12 February 2010 3 ---PAGE BREAK--- F. Historic District is a geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or development and which collectively contribute to and reflect the unique elements of the architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, or other heritage features of the City. G. Historic Overlay District is a zoning designation adopted by City Council and applied to a geographic area wherein some or all of the standards of this chapter and 20.85.085 apply. H. Historic Preservation Commission (“Commission”) is the board appointed by the City Council to carry out the purposes of this Chapter. I. Historic Preservation Officer (“Officer”) is the staff person appointed by the Office of Planning and Grants to carry out the purposes of this Chapter and obligations of the City as a Certified Local Government. J. Historic Resource is a property designated under Section 20.30.040. K. Historic Preservation Permit (“HPP”) is a permit issued by the Officer or the Commission on an Action Subject to Review that complies with this ordinance L. Interested Party means a party whose rights and interests are affected by an action taken under this Chapter, and whose interests are immediate and substantial and not nominal or remote. M. Landmark is an exceptional place designation that may be applied to an Historic Resource that possesses regionally significant characteristics like integrity, association, location, design, materials, and workmanship. N. Missoula Inventory of Historic Resources (“Local Inventory”) is a list of all Historic Resources designated pursuant to this chapter, which is found at the Office of Planning and Grants. O. National Register of Historic Places (“National Register”) is the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture under the National Historic Preservation Act and 36 C.F.R. 60. P. Non-Contributing Resources are all resources located within the boundaries of a Historic District that do not qualify as Contributing Resources. Upon Demolition of the primary building or structure, a Non‐Contributing Resource becomes an Unimproved Resource. DRAFT DATED 12 February 2010 4 ---PAGE BREAK--- Q. Ordinary Repair and Maintenance is an action that does not change the design, material, or outward appearance of the Historic Resource. Actions to prevent deterioration, decay or damage, or to restore the resource, as nearly as practicable, to the condition prior to the occurrence of deterioration, decay, or damage are ordinary repair and maintenance. R. Rehabilitation is the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. S. The Secretary of the Interior’s Standards for rehabilitation are intended to promote responsible preservation practices that help protect our Nation’s irreplaceable cultural resources. T. Unimproved Resource is a lot with no primary buildings or structures, and is subject to this Chapter when New Construction in a Historic District is proposed. 20.30.040 Designation Criteria for an Historic Resource. The City recognizes that within its jurisdiction there exist significant Historic Resources that should be protected. Accordingly, any property individually listed in the National Register of Historic Places (NRHP) is automatically classified as an Historic Resource that is subject to this Chapter and included in the Local Inventory. The City also recognizes that the federal process of listing a property in the National Register does not require that the property be protected, thus creating the need for local protection of Historic Resources. The City may also choose to classify any contributing or non‐contributing property in an Historic District listed in the NRHP as an Historic Resource through adoption of a Neighborhood Character Overlay per 20.25.040. The federal criteria for evaluating whether a resource is an Historic Resource are the following: The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: DRAFT DATED 12 February 2010 5 ---PAGE BREAK--- A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of persons significant in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded or may be likely to yield, information important in prehistory or history. 20.30.050 City Agencies. All City agencies shall consult the Local Inventory before commencing or permitting any action that might adversely affect an Historic Resource. Editor’s Note: sub‐section 20.30.060 is moved to 20.85.085. 20.30.060 Delisting of Historic Resources. The City Council may initiate the removal of an Historic Resource from the Local Inventory if the Historic Resource no longer satisfies the criteria set forth in this Chapter. Editor’s Note: sub‐section 20.30.080 through 20.30.150 are moved to 20.85.085. 20.30.070 Design Guidelines. The City Council may adopt Design Guidelines applicable to specific Historic Resources that are consistent with and in addition to the General Criteria for Review of HPP as set forth in Sections 20.85.085.H and 20.85.085.J. The existing Design Guidelines for the Fort Missoula Historic District and the Roosevelt Block/University Apartments shall remain in effect. DRAFT DATED 12 February 2010 6 ---PAGE BREAK--- A. Design Guidelines may include, but shall not be limited to: 1. Size; 2. Scale; 3. Lot coverage 4. Massing; 5. Proportion; 6. Architectural style; 7. Orientation; 8. Materials, surface textures and patterns; 9. Details and embellishments; 10. Description of the Historic Resource and its context as it reflects the unique elements of the City’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, and other heritage; 11. Character defining features; and 12. Relation of these elements to one another. B. Design Guidelines shall be compatible with the unique elements of the City’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, and other heritage qualities that qualify the Historic Resource for designation and shall not diminish, eliminate, or adversely affect those elements of the Historic Resource. C. The Commission may recommend Design Guidelines to the City Council after a public hearing. D. Design Guidelines shall be adopted by the City Council after a public hearing and be made a part of the City Code, per chapter 20.85.050. E. The Officer shall file notice of the existence of any Design Guidelines with the Missoula County Clerk and Recorder’s Office within thirty days of the Council’s adoption of the Design Guidelines. F. The City shall provide a written copy of the Design Guidelines, sent by first class mail, to the owner of any designated Historic Resource affected by Design Guidelines within thirty days of the Council’s adoption of those guidelines. DRAFT DATED 12 February 2010 7 ---PAGE BREAK--- G. The City Council may amend Design Guidelines using the same procedures required for their adoption. Editor’s Note: sub‐section 20.30.170 through 20.30.180 are moved to 20.85.085. 20.30.080 Technical Advice. If the nature of the proposed designation or Action Subject to Review requires technical advice beyond the expertise of the Commission and Officer, the Commission may request such advice. The applicant shall be responsible for the cost of such technical advice, not to exceed five hundred dollars, unless the applicant authorizes a higher amount in advance. The Commission shall notify the applicant of the necessity of such technical advice before incurring such fees. 20.30.090 Enforcement. If a violation of this Chapter occurs, the City can take any enforcement measures allowed by law. No zoning or building permit shall be issued until the violation is corrected. Editor’s Note: sub‐section 20.30.210 is moved to 20.85.085. Chapter 20.85 Review and Approval Procedures 20.85.010 Review and Decision-making Authority (Summary Table) 20.85.020 Common Provisions Bookmark not defined. 20.85.030 Review and Decision-Making Criteria; Burden of Proof or Persuasion.......Error! Bookmark not defined. 20.85.040 Text Bookmark not defined. 20.85.050 Zoning Map Amendments (Rezonings).................Error! Bookmark not defined. 20.85.060 Planned Unit Developments Bookmark not defined. 20.85.070 Conditional Uses Bookmark not defined. 20.85.080 Design Bookmark not defined. 20.85.085 Historic Preservation Permit 20.85.090 Variances Bookmark not defined. 20.85.100 Appeals of Administrative Decisions Bookmark not defined. 20.85.110 Administrative Bookmark not defined. 20.85.120 Zoning Compliance Bookmark not defined. 20.85.130 Zoning Compliance Bookmark not defined. 20.85.140 Final Zoning Compliance Bookmark not defined. 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. DRAFT DATED 12 February 2010 8 ---PAGE BREAK--- Procedure Zoning Officer Design Review Board Board of Adjustment 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 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 Appeal processed as a variance * Historic Preservation Permit may be granted by Zoning Officer if standards are met. 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 Cityʹs 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. DRAFT DATED 12 February 2010 9 ---PAGE BREAK--- 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. 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 DRAFT DATED 12 February 2010 10 ---PAGE BREAK--- 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) 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) DRAFT DATED 12 February 2010 11 ---PAGE BREAK--- 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. DRAFT DATED 12 February 2010 12 ---PAGE BREAK--- 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 approve the HPP application. DRAFT DATED 12 February 2010 13 ---PAGE BREAK--- 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 20.85.085.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. DRAFT DATED 12 February 2010 14 ---PAGE BREAK--- 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 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: DRAFT DATED 12 February 2010 15 ---PAGE BREAK--- 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: DRAFT DATED 12 February 2010 16 ---PAGE BREAK--- a. That by reason of unusual circumstances not of the applicant’s own making, the strict application of this Chapter would result in either: 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: Irregularity; Narrowness; Shallowness; Topographical slope; Lot configuration; or Other physical conditions peculiar to the property; Or b. Undue hardship that precludes an Alteration or New Construction from complying with this Chapter, as based on the following factors: The unavailability of any reasonable, historically correct preservation methodology; The degree of existing architectural significance and integrity of the Historic Resource; and 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. DRAFT DATED 12 February 2010 17 ---PAGE BREAK--- 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. e. 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. 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 DRAFT DATED 12 February 2010 18 ---PAGE BREAK--- tend to produce a detrimental effect upon the character of the Historic Resource in question, including but not limited to: DRAFT DATED 12 February 2010 19 ---PAGE BREAK--- 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. DRAFT DATED 12 February 2010 20 ---PAGE BREAK--- DRAFT DATED 12 February 2010 21 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. Effective Date. The provisions of the ordinance shall be effective in 30 days. Codification instructions: All Editorʹs notes shall be removed prior to codifying this ordinance. Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a Ayes, Nays, Abstain and Absent vote and APPROVED by the Mayor this day of 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)