Document Missoula_doc_5ddefb6697

DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- DRAFT DATED: 5/27/09 ORDINANCE AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 2.84, REPEALING THE CHAPTER IN ITS ENTIRETY BECAUSE IT HAS BEEN INCORPORATED INTO THE NEWLY ADOPTED TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 2.84 IS HEREBY REPEALED IN ITS ENTIRETY. Chapter 2.84 HISTORIC PRESERVATION COMMISSION Sections: 2.84.010 Purpose--Scope. 2.84.020 Definitions. 2.84.030 Established--Membership. 2.84.040 Appointment--Term of office--Vacancy. 2.84.050 Staff. 2.84.060 Meetings. 2.84.070 Power and duties. 2.84.010 Purpose--Scope. A. The purpose and intent of this chapter is to provide for an appointed citizens' commission for the city charged with establishing a local historic preservation program, integrating historic preservation into local, state and federal planning and decision-making processes and identifying, evaluating and protecting historic resources in Missoula. B. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, struc- tures, objects, buildings and historic districts by addressing historic preservation issues and historic districts 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, evaluation and protection of historic resources in Missoula. C. The Missoula Historic Preservation Commission shall serve in an advisory capacity to the Missoula City Council, Missoula Consolidated Planning Board, and the Board of Adjustment. D. The Missoula Historic Preservation Officer shall review and approve or reject Certificates of Appropriateness as required in the City Zoning Ordinance (MMC.19.60) or other authorized permits on recommendation from the Historic ---PAGE BREAK--- Preservation Commission, as authorized by the City Council or Board of County Commissioners. 2.84.020 Definitions. For the purposes of this chapter, the following words and terms shall have the following designated meanings: A. "City Council" means the governing body of the city of Missoula, state of Montana. B. "Historic Preservation Commission" means the commission created by this chapter and appointed by the City Council of the city which is responsible for creating and administering a historic preservation program. C. " Historic Preservation Officer" means the staff person in the Office of Planning and Grants who manages the historic preservation program and is staff to the Historic Preservation Commission. 2.84.030 Established--Membership. In order to carry out the purpose of this chapter, an Historic Preservation Commission is created. All Historic Preservation Commission members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the Historic Preservation Commission members must be kept on file in the office of the City Clerk and available during regular office hours for inspection by the public. Members shall serve as individuals, not as advocates for any specific jurisdiction, neighborhood or association. The Historic Preservation Commission shall consist of twelve members, as follows: A. Three members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. 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 member. B. Membership shall include one member from each of the following areas. Each member shall be a resident of the general area as described: 1. Eastside District: The residential area of East Pine between Pattee Street and Rattlesnake Creek, the railroad to the north and the Clark Fork River to the south . 2. University Area: The residential area south of the Clark Fork River, north of South Avenue, all areas east of Higgins Avenue. 3. Northside/Westside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, bordered by city limits to the north and the Clark Fork River to the south, as defined by the Northside/Westside Plan. 4. Southside District: The commercial and residential area west of Higgins Avenue, east of Russell Street, Clark Fork River to the north and Sixth Street to the south. ---PAGE BREAK--- 5. Rattlesnake: from I-90 north within the city limits, as defined by the Rattlesnake Valley Comprehensive Plan Amendment. C. Membership shall include one member who operates a business or owns property in the commercial City Center of Missoula, as defined by the Missoula Urban Area Comprehensive Plan. D. Membership shall include one member appointed by the Missoula Redevelopment Agency. E. Membership shall include one member appointed by the city Design Review Board. F. Membership shall include one “At-Large” member from the County of Missoula. This commission member may also live in the City of Missoula. G. Membership may include two “At-Large” (see F. above) alternate members . Alternate members may serve as voting members on the commission in case of absence of any of the twelve commissioners described above – If all twelve members described above are present, alternate members, may participate in discussion, but may not vote on action items. The alternates shall be designated as Alternate #1 and If both alternates are present at the meeting and there is only a need for one alternate to participate in a specific agenda item, Alternate #1 will be the first alternate to assume voting capacity. If two alternates are required alternate #2 will assume voting status. Alternate #2 may also vote whenever Alternate #1 is not available and the vote of an alternate is needed. When called upon alternates will assume all of the rights and responsibilities of regular members. 2.84.040 Appointment--Term of office--Vacancy. A. All appointments to the Historic Preservation Commission shall be made in accordance with the procedures adopted by the City Council for City Council appointments to advisory commissions and boards. B. Terms of office for Historic Preservation Commission members shall be staggered and from two to three years in duration. C. Vacancies on the commission shall be filled in a timely manner by appointment in accordance with the procedures adopted by the City Council for appointments to all advisory commissions and boards. 2.84.050 Staff. A. The Historic Preservation Officer for Missoula shall act as staff to the Historic Preservation Commission through the Office of Planning and Grants. B. The Historic Preservation Officer must have a demonstrated interest, competence or knowledge in historic preservation. ---PAGE BREAK--- C. Duties of the Historic Preservation Officer include coordinating the local historic preservation programs; helping in the development of local surveys, projects and historic preservation planning documents; providing assistance to the local Historic Preservation Commission, government agencies and the public; reviewing Certificates of Appropriateness and Zoning Compliance Permits; and ensuring to the extent practicable, that the duties and responsibilities delegated by this chapter are carried out. 2.84.060 Meetings. A. The Historic Preservation Commission shall conduct 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. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by resolution of the commission. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least twenty-four hours before the time set for the meeting. B. Requirements for public notice of meetings of the Historic Preservation Commission shall be determined by the chairperson in consultation with the Missoula City Attorneys Office. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings is intended to reach all interested and affected members of the community. C. The Historic Preservation Commission shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and make all written or taped minutes, reports and case decisions available to the public. 2.84.070 Power and duties. The Historic Preservation Commission shall have the powers and duties to: A. Maintain a system for the survey and inventory of historic and prehistoric properties. The Historic Preservation 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 and cultural 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, Section VI, 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 and County, Missoula Consolidated Planning Board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other ---PAGE BREAK--- public programs. This review and comment shall be scheduled within time lines in place for whatever action being taken; E. 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 Commission shall be sent to the State Historic Preservation Office; F. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make appropriate recommendations to the Missoula Consolidated Planning Board concerning any changes or modifications to the zoning regulations and zoning district boundaries; G. Make recommendations to the Board of Adjustment regarding variance applications within any historic overlay zone which requires action by the Board of Adjustment; H. 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 Commission may create voluntary design guidelines, which will be made available to the public for assistance in preservation projects; I. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation. J. Implement the purposes and procedures of Chapter 19.60 HISTORIC DISTRICTS, including the permit process for action on applications for Certificates of Appropriateness as required by 19.60.50, Missoula Municipal Code. Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any section, 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. APPROVED by a Ayes, ___Nays, Abstain, Absent vote, and APPROVED by the Mayor this date of ATTEST: APPROVED: ---PAGE BREAK--- Martha L. Rehbein John Engen City Clerk Mayor