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DRAFT DATED 10 February 2010 1 DRAFT DATED: 2/10/10 As amended by the Plat Annexation and Zoning Committee on January 27, 2010 ORDINANCE AN ORDINANCE OF THE MISSOULA CITY COUNCIL ESTABLISHING CHAPTER 20.30 HISTORIC PRESERVATION AND AMENDING CHAPTER 20.85 OF TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED THAT CONFLICTING PORTIONS OF THE MISSOULA MUNICIPAL CODE AS PERTAINS TO HISTORIC PRESERVATION BE REPEALED AND THAT CHAPTER 20.30 HISTORIC PRESERVATION OF TITLE 20, MISSOULA CITY ZONING ORDINANCE, BE CREATED AS FOLLOWS: (Remainder of page intentionally blank) ---PAGE BREAK--- DRAFT DATED 10 February 2010 2 Chapter 20.30 Historic Preservation 20.30.010 Purpose. The City recognizes that our community contains irreplaceable Historic Resources that significantly enhance our sense of place and cultural heritage. Furthermore, these regulations and standards are established to: Editor’s Note: Statement describing procedure from above paragraph is moved to 20.85.085. A. Promote and safeguard the City's heritage; B. Enhance the City's ability to visually convey its history; C. Stimulate revitalization and enhance property values in the City; D. Increase economic and financial benefits to the City and its inhabitants; E. Attract tourists and visitors to the City; and F. Promote civic and neighborhood pride and a sense of identity. 20.30.020 Relationship to Other Provisions. The designation of a resource as an Historic Resource does not change the underlying zone classification of the Historic Resource and does not exempt Historic Resource owners from complying with other city building and zoning regulations. A designation may place further restrictions upon the Historic Resource than the building or zoning regulation requires. Actions subject to review require an historic preservation permit and shall follow the review procedures described in Chapter 20.85.085. 20.30.030 Definitions A. Actions Subject to Review are development activities that require review by the Historic Preservation Commission and/or the Historic Preservation Officer prior to the issuance of a zoning compliance permit. Ordinary maintenance that does not require zoning compliance permit, like painting, repairing siding or window repair, does not require review. Per State of Montana codes, public development activity on government owned property is not subject to compliance under this ordinance. Those reviewable development activities are: 1. Alteration to an Historic Resource, which includes any addition, removal, reconfiguration or modification to the Historic Resource that changes the design, material, or character defining features, and changes to or removes character defining architectural features; 2. New Construction in Historic Overlay Districts where the standards apply, which includes any free standing building, structure, object or feature that was not a part of an Historic Resource at the time of designation; 3. Relocation of an Historic Resource, which includes the removal of an Historic Resource from its historic context; and 4. Demolition of an Historic Resource, which includes the razing, destruction, or dismantling of an Historic Resource to the degree that its character defining features are substantially obliterated. B. Alternative Compliance is a manner in which an Historic Resource owner may, in cases of exceptional practical difficulty or undue hardship, alternatively comply with the provisions of this Chapter when seeking an Historic Preservation Permit for Alteration or New Construction. ---PAGE BREAK--- DRAFT DATED 10 February 2010 3 C. Contributing Resources are Historic Resources that reflect the unique elements of the Historic District’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, or other heritage features, and which have been identified as such pursuant to the Designation. D. Commissioner is a person duly appointed to the Historic Preservation Commission. E. Historic American Building Survey/Historic American Engineering Record Documentation (“HABS/HAER”) is archival level documentation, which may include large-or-medium format, black and white photographs, measured drawings, or written historical reports pursuant to Secretary of the Interior standards for architectural and engineering documentation. F. Historic District is a geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or development and which collectively contribute to and reflect the unique elements of the architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, or other heritage features of the City. G. Historic Overlay District is a zoning designation adopted by City Council and applied to a geographic area wherein some or all of the standards of this chapter and 20.85.085 apply. H. Historic Preservation Commission (“Commission”) is the board appointed by the City Council to carry out the purposes of this Chapter. I. Historic Preservation Officer (“Officer”) is the staff person appointed by the Office of Planning and Grants to carry out the purposes of this Chapter and obligations of the City as a Certified Local Government. J. Historic Resource is a property designated under Section 20.30.040. K. Historic Preservation Permit (“HPP”) is a permit issued by the Officer or the Commission on an Action Subject to Review that complies with this ordinance L. Interested Party means a party whose rights and interests are affected by an action taken under this Chapter, and whose interests are immediate and substantial and not nominal or remote. M. Landmark is an exceptional place designation that may be applied to an Historic Resource that possesses regionally significant characteristics like integrity, association, location, design, materials, and workmanship. N. Missoula Inventory of Historic Resources (“Local Inventory”) is a list of all Historic Resources designated pursuant to this chapter, which is found at the Office of Planning and Grants. O. National Register of Historic Places (“National Register”) is the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture under the National Historic Preservation Act and 36 C.F.R. 60. P. Non-Contributing Resources are all resources located within the boundaries of a Historic District that do not qualify as Contributing Resources. Upon Demolition of the primary building or structure, a Non-Contributing Resource becomes an Unimproved Resource. Q. Ordinary Repair and Maintenance is an action that does not change the design, material, or outward appearance of the Historic Resource. Actions to prevent deterioration, decay or damage, or to restore the resource, as nearly as practicable, to the condition prior to the occurrence of deterioration, decay, or damage are ordinary repair and maintenance. R. Rehabilitation is the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. S. The Secretary of the Interior’s Standards for rehabilitation are intended to promote responsible preservation practices that help protect our Nation’s irreplaceable cultural resources. T. Unimproved Resource is a lot with no primary buildings or structures, and is subject to this Chapter when New Construction in a Historic District is proposed. 20.30.040 Designation Criteria for an Historic Resource. ---PAGE BREAK--- DRAFT DATED 10 February 2010 4 The City recognizes that within its jurisdiction there exist significant Historic Resources that should be protected. Accordingly, any property individually listed in the National Register of Historic Places (NRHP) is automatically classified as an Historic Resource that is subject to this Chapter and included in the Local Inventory. The City also recognizes that the federal process of listing a property in the National Register does not require that the property be protected, thus creating the need for local protection of Historic Resources. The City may also choose to classify any contributing or non-contributing property in an Historic District listed in the NRHP as an Historic Resource through adoption of a Neighborhood Character Overlay per 20.25.040. The federal criteria for evaluating whether a resource is an Historic Resource are the following: The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of persons significant in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded or may be likely to yield, information important in prehistory or history. 20.30.050 City Agencies. All City agencies shall consult the Local Inventory before commencing or permitting any action that might adversely affect an Historic Resource. Editor’s Note: sub-section 20.30.060 is moved to 20.85.085. 20.30.070 Delisting of Historic Resources. The City Council may initiate the removal of an Historic Resource from the Local Inventory if the Historic Resource no longer satisfies the criteria set forth in this Chapter. Editor’s Note: sub-section 20.30.080 through 20.30.150 are moved to 20.85.085. 20.30.160 Design Guidelines. The City Council may adopt Design Guidelines applicable to specific Historic Resources that are consistent with and in addition to the General Criteria for Review of HPP as set forth in Sections 20.30.140-150 20.85.085.H and 20.85.085.J. The existing Design Guidelines for the Fort Missoula Historic District and the Roosevelt Block/University Apartments shall remain in effect. ---PAGE BREAK--- DRAFT DATED 10 February 2010 5 A. Design Guidelines may include, but shall not be limited to: 1. Size; 2. Scale; 3. Lot coverage 4. Massing; 5. Proportion; 6. Architectural style; 7. Orientation; 8. Materials, surface textures and patterns; 9. Details and embellishments; 10. Description of the Historic Resource and its context as it reflects the unique elements of the City’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, and other heritage; 11. Character defining features; and 12. Relation of these elements to one another. B. Design Guidelines shall be compatible with the unique elements of the City’s architectural, artistic, cultural, engineering, aesthetic, historical, political, economic, social, and other heritage qualities that qualify the Historic Resource for designation and shall not diminish, eliminate, or adversely affect those elements of the Historic Resource. C. The Commission may recommend Design Guidelines to the City Council after a public hearing. D. Design Guidelines shall be adopted by the City Council after a public hearing and be made a part of the City Code, per chapter 20.85.050. E. The Officer shall file notice of the existence of any Design Guidelines with the Missoula County Clerk and Recorder’s Office within thirty days of the Council’s adoption of the Design Guidelines. F. The City shall provide a written copy of the Design Guidelines, sent by first class mail, to the owner of any designated Historic Resource affected by Design Guidelines within thirty days of the Council’s adoption of those guidelines. G. The City Council may amend Design Guidelines using the same procedures required for their adoption. Editor’s Note: sub-section 20.30.170 through 20.30.180 are moved to 20.85.085. 20.30.190 Technical Advice. If the nature of the proposed designation or Action Subject to Review requires technical advice beyond the expertise of the Commission and Officer, the Commission may request such advice. The applicant shall be responsible for the cost of such technical advice, not to exceed five hundred dollars, unless the applicant authorizes a higher amount in advance. The Commission shall notify the applicant of the necessity of such technical advice before incurring such fees. 20.30.200 Enforcement. If a violation of this Chapter occurs, the City can take any enforcement measures allowed by law. No zoning or building permit shall be issued until the violation is corrected. Editor’s Note: sub-section 20.30.210 is moved to 20.85.085. ---PAGE BREAK--- DRAFT DATED 10 February 2010 6 Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a Ayes, Nays, Abstain and Absent vote and APPROVED by the Mayor this day of 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)