HomeMy WebLinkAboutOrdinance No. 1071~«
ORDINANCE NO. 1071
ESTABLISHING A JOINT YELLOWSTONE
HISTORIC PRESERVATION BOARD.
IT IS HEREBY ORDAINED by the City Council of the City of
Laurel, Montana, that there is hereby added to the Laurel Municipal
Code, Title 17, Chapter 66, as follows:
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Section 1. Intent.
The intent of this ordinance is to promote the educational, cultural, economic, and general
welfare of the community by:
1. Providing a mechanism to identify and preserve the distinctive historic
azchitectural characteristics of the City of Laurel that represent elements of
the City's cultural, social, economic, political, military, and architectural
history;
2. Fostering civic pride in the beauty and noble accomplishments of the past as
represented in the City of Laurel's prehistoric and historic sites and historic
districts;
3. Conserving and improving the value of property designated as historic sites
or within historic districts;
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4. Protecting and enhancing the attractiveness of the City to home buyers,
tourists, visitors, and shoppers, and thereby supporting and promoting
business, commerce and industry, and providing economic benefit to the City,
5. Fostering and encouraging preservation, restoration, and rehabilitation of
structures, areas, and neighborhoods and thereby preventing future urban
blight.
Section 2. Definitions.
Alteration: Any act or process that changes one or more of the exterior azchitectural
features of a structure, including, but not limited to, the erection, construction,
reconstruction or removal of any structure.
Area: A specific geographic division of the City of laurel.
Construction: The act of adding an addition to an existing structure or the erection of a
new principal or accessory structure on a lot or properly.
Council: The City Council of the City of Laurel.
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Demolition: Any act or process that destroys in pazt or in whole a historic site or a
structure wiWin a historic district.
Exterior Architectural Appearance: The architectural character and general composition
of the exterior of a structure, including but not limited to the kind, color, and texture of the
building material and the type, design and chazacter of all windows, doors, light fixtures,
signs, and appurtenant elements.
Historic District: An area designated as a "historic district" by ordinance of the City
Council which may contain within definable geographic boundaries one or more historic
sites and which may have within its boundaries other properties or structures that, while aze
not of such historic and/or architectural significance to be designated as historic sites,
nevertheless contribute to the overall visual chazacteristics of the historic site or historic sites
located within the historic district.
Historic Site: A property or structure designated as a historic site by ordinance of the City
Council pursuant to procedures prescribed herein, that is worthy of rehabilitation,
restoration, and preservation because of its historic and/or architectural significance to the
City of Laurel.
National Register. National Register of Historic Places. A list, maintained by the US
Department of Interior, of sites, properties, objects and districts having local, state or
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national historical, architectural or cultural significance.
Preservation Board: The Yellowstone Historic Preservation Board.
Removal: Any relocation of a structure on its site or to another site.
Repair: Any change not otherwise construed as an alteration, as herein defined, that
constitutes replacing broken, worn or damaged materials with like, not necessarily identical,
materials and is insignificant to the size and condition of the structure or property.
Repainting and re-roofing shall be included under this definition of repair.
Structure: Anything constructed or erected, the use of which requires permanent or
temporary location on or in the ground, including, but without limiting the generality of the
foregoing, building, fences, gazebos, advertising signs, billboards, backstops for tennis courts,
radio and television antennae, including supporting towers, and swimming pools.
Section 3. Historic Preservation Board
A. Members: The Yellowstone Historic Preservation Boazd shall consist of
nine (9) members with a demonstrated interest, competence, and knowledge in
historic preservation. The following five (5) members shall be selected jointly by all
signatories. In this selection process the simple majority vote will prevail. The
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Board shall include at least three (3) members with professional expertise in the
disciplines of history, planning, azchaeology, azchitecture, architectural history, or
other historic preservation-related disciplines such as cultural geography or cultural
anthropology. The Board shall also include two (2) additional members from the
following:
1 member of the Yellowstone County Board of Planning;
1 member of the laurel Board of Planning;
1 property owner either residing or owning a business in a historic District
or who owns property listed on the National Register of Historic Places;
1 member of a city/county preservation society
The four (4) remaining Board members shall be considered "at-large" and shall
consist of:
1 City of Billings resident appointed by the Billings City Council;
1 County resident appointed by the Yellowstone County Commissioners;
1 City of Laurel resident appointed by the Laurel City Council;
1 Crow Tribal member who lives within the Yellowstone County portion of
the Crow Reservation or elsewhere within Yellowstone County appointed
by the Crow Tribal Council.
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B. APPOINTMENTS AND TERMS: Terms of office for the Historic Preservation
Board members shall be for two (2) year terms and shall be staggered. Upon
enactment of this Resolution, three (3) members shall be appointed to one-yeaz
terms. The following year, all terms shall be for two years.
C. ABSENCES AND REMOVAL:
1. Each member shall inform the Preservation Officer at least one day before
the meeting of the inability to attend a Board or Committee meeting. Such
an absence shall be considered an excused absence.
2. If any member accrues three (3) or more consecutive unexcused absences
from regular meetings, notice of which has been given at his/her usual place
of work or residences, or by announcement at a meeting attended by him/her,
the President may call such absences to the attention of the Boazd which may
then recommend to the appointing authority that such member be asked to
resign and then another person be appointed to serve out the unexpired term.
D. VACANCIES: Vacancies occumng on the Board shall be filled within 60 days by
the governing body having appointed them for the unexpired term.
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E. MEETINGS: The Historic Preservation Board shall conduct a minimum of one (1)
regulazly scheduled meeting each month, except that the chairperson may cancel any
meeting or schedule special meetings when such meetings aze necessary to carry out
the provisions of this Resolution.
Special meetings of the Board may be called by the chairperson or by two (2)
members, upon request to the Preservation Officer. The Preservation Officer shall
notify all members at least two (2) days in advance of the special meeting.
Meetings shall be open to the public in accordance with the State of Montana Open
Meeting Law, and all written or taped minutes, reports and case decisions shall be
available to the public.
The Historic Preservation Board shall establish by-laws conforming to the guidelines
set forth in the "Certified Local Government Program in Montana."
F. POWERS AND DiTI'IES: Yellowstone Historic Preservation Board shall:
1. Maintain a system for the survey and inventory of historic and prehistoric
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properties. The information shall be available to the public.
2. Review and participate in all proposed National Register nominations within
the City of Laurel, the City of Billings, the Crow Reservation and/or
Yellowstone County.
3. Encourage public pazticipation while assisting with the enforcement of
appropriate State and local legislation concerning historic preservation.
4. Submit an annual report to the State Historic Preservation Office describing
projects, activities, recommendations and decisions made, projects reviewed,
recommendations to the National Register of Historic Places, revised resumes
of Historic Preservation Board members and member attendance records, and
indexed copies of typewritten or tape recorded minutes of all Historic
Preservation Boazd meetings. Copies of the following will be attached to the
annual report: inventory forms, survey reports, maps, photographs, and other
survey materials or planning documents generated during the preceding yeaz.
5. At least one (1) member shall attend at least one (1) training session each
year and review any orientation materials provided by the State Historic
Preservation Office.
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6. Review and comment on land use proposals and planning programs related
to historic resources, such as municipal improvements, housing and other
public programs.
7. Consult with City, County, Tribal, State, and Federal agencies on all
applications, environmental assessment, environmental impact statements, and
other similaz documents pertaining to historic districts, historic sites, and
landmazks or neighboring properties within the City of Billings, the City of
Laurel and/or Yellowstone County. Comments and recommendations by the
Historic Preservation Board will be sent to the Laurel City Council and the
Yellowstone County Commissioners.
8. Review the local zoning regulations for their applicability to the chazacteristics
of the proposed historic districts, and make appropriate recommendations to
the Zoning Commissions and the Boards of Adjustment concerning any
changes or modifications to the zoning regulations, zoning boundaries, zone
change applications, special review applications, or variance applications.
9. Make recommendations to the Boards of Adjustments regazding variance
change applications within any historic district.
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10. Assist with the prepazation and adoption of a Comprehensive Historic
Preservation Plan and assist with the annual updates of said plan.
11. Provide information, advice and guidance, upon request by property owners,
as to the restoration, rehabilitation, landscaping or maintenance of potentially
historic buildings or structures. The Historic Preservation Boazd may
recommend voluntary design guidelines which will be made available to the
public for assistance in preservation projects.
12. Participate in, promote and conduct public information, education and
interpretive programs pertaining to historic preservation, including potential
tax incentives and federal.and/or state grants that might be available.
13. The Historic Preservation Board may provide quarterly reports to all
governing bodies to discuss their activity for the past quarter. Minutes of
Board meetings and any other information deemed necessary may be
appended to the quazterly reports. A copy of the annual report to the State
Historic Preservation Office shall be provided to each of the governing
bodies.
14. Undertake any actions necessary to assure compliance of the Preservation
Board with Certified Local Government requirements.
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Section 4. Historic Preservation Officer
A. DUTIES:
1. The Historic Preservation Officer shall serve as staff to the Historic
Preservation Boazd.
2. The Historic Preservation Officer must haue demonstrated interest,
competence or knowledge in historic preservation.
3. The Historic Preservation Officer will assist with coordinating the local historic
preservation programs, help in the development of local surveys, projects and
historic preservation planning documents, advise and provide assistance to the
Historic Preservation Board, government agencies and the public, and ensure,
to the extent practicable, that the duties and responsibilities delegated by this
Resolution are carried out.
4. The Historic Preservation Officer shall be appointed by mutual agreement of
the Laurel City Council, the Billings City Council, the Crow Tribal Council
and the Yellowstone County Commissioners.
Section 5. Surveys and Research
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The Preservation Boazd shall assist in developing an ongoing survey and reseazch effort in
the City of Laurel, to identify neighborhoods, azeas, sites, structures, and objects that have
historic, community, azchitectural, or aesthetic importance, interest or value. As part of the
survey, the Historic Preservation Board shall review and evaluate any prior surveys, and
studies by any unit of government or private organization and compile appropriate
descriptions, facts, and photographs. Before the Preservation Boazd shall on its own
initiative nominate any landmark for historic designation, it shall first develop a plan and
schedule for completion of a survey of the G~ty of Laurel to identify potential landmarks.
The Preservation Boazd shall then systematically identify potential landmarks and adopt
procedures to nominate based upon the following criteria.
To qualify as a historic site or historic district, the individual properties, structures, sites, or
building, or groups of properties, structures, sites or building must have significant character,
interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of
the City, County, State or nation. To qualify as a historic site or district, the property or
properties must fulfill one (1) or more of the criteria set forth in subsection (1) below and
meet the criteria set forth in subsections (2.a) and (2.d)below.
1. A building, structure, site, interior, or district will be deemed to have historical
or cultural significance if it meets one (1) or more of the following criteria:
a. Is associated in a significant way with the life or activities of a major
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person important m city, county, state, or national history (o examp ,
the homestead of a local founding family);
b. Is the site of a historic event "with significant effect upon the city,
county, state, or nation; i
c. Is associated in a significant way with a major historic event, whether
cultural, economic, social, military, or political;
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d. Exemplifies the historical, political, cultural, economic, or social trends
of the community in history; or
e. Is associated in a significanti way with a past or a continuing institution
which has contributed substantially to the life of the City and/or
County.
2. A building, structure, site, or district is deemed to have azchitectural or
aesthetic significance if it fulfills one (1) or more of the following criteria;
except that to qualify as a historic interior, the interior must meet the criteria
contained within subsections 2(b) 'and 2(d):
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a. Portra s the environment in an era of histo characterized b one
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or more distinctive architectural styles;
b. Embodies those distinguishing characteristics of an azchitectural style,
period, or method of construction;
c. Is a historic or outstanding work of a prominent azchitect, designer,
landscape azchitect, or builder; or
d. Contains elements of design, detail, material, or craftsmanship of
outstanding quality or which represented, in its time, a significant
innovation or adaption to the environment.
3. A building, structure, site, interior,., or district will be deemed to have historic
significance if, in addition to or in the place of the previously mentioned
criteria, the building, structure, site, or zone meets historic development
standards as defined by and listed, in the regulations of and criteria for the
National Register of Historic Places as prepazed by the United States
Department of the Interior under', the Historic Preservation Act of 1966, as
amended. Said regulations, as am fended from time to time, are made part of
this chapter as if fully set forth herein.
4. Classifications of Structures and Buildings. All historic buildings, structures,
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archaeological sites, districts, neighborhoods, and the like, will be classified
and designated on the city historic preservation survey, which will be approved
by the City Council and be made ~!an overlay to the City and County Zoning
Maps and Land Use Plans. I Such buildings, structures, districts,
neighborhoods, and the like will be divided into two (2) classes:
a. Contributing. Those buildings, structures, archaeological sites, or
districts classified as historic shall possess identified historical and
azchitectural merit of a degree warranting their preservation. All
buildings, structures, archaeological sites, and the like, listed in the city
historic survey, as adopted and approved by the City Council and
County Commission, will be considered worthy of preservation and
may be designated as a historic site or a historic district.
b. Noncontributing. Those buildings and structures within a historic
district not listed in the city historic preservation survey, and those
buildings and structures determined by the Preservation Boazd to be
of no contributing value.
Section 6. National Register of Historic Places: Nomination Review
A. The Preservation Board shall review proposed nominations to the National Register
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of Historic Places submitted by the State Historic Preservation Officer or other
sponsor qualified pursuant to United States Department of the Interior regulations.
The Preservation Board will develop or receive the documentation necessary to
nominate properties to the National Register of Historic Places. The Preservation
Boazd shall evaluate, in a timely manner, nomination proposals received for
completeness. Should a nomination proposal not be technically wmplete, the
Preservation Board shall notify the proposal's sponsor, identifying the technical
deficiencies in writing, within thirty (30) days of receipt of the nomination proposal.
If the nomination proposal is technically complete, the Preservation Boazd shall place
the item on its agenda for the earliest possible regular meeting after notification
procedures are complete.
B. The Preservation Board shall notify the following of its intention to consider a
nomination proposal. In all cases, such notification shall occur at least thirty (30)
days but not more than seventy-five (75) days prior to the Preservation meeting at
which the nomination proposal will be considered.
1. Owner(s) of record of the property. The list of owners shall be obtained from
official tax records and provided with the nomination application. Where
there is more than one (1) owner on the list, each separate owner shall be
notified.
2. The Mayor of the City of Laurel. Said local officials shall have thirty (30)
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days from receipt of notice within which to submit the Preservation Board a
written recommendation supporting or opposing the nomination.
3. The State Historic Preservation Officer.
C. When the Preservation Boazd considers a nomination proposal that will impact
properties which aze normally evaluated by a professional in a specific discipline, and
that discipline is not represented on the Preservation Board, the Preservation Board
shall seek professional expertise in this area before rendering a decision, but failure
to obtain such advice shall not invalidate its determination on the proposal.
D. Nomination proposals shall be considered by the Preservation Board at a public
meeting, and all votes on nomination proposals shall be recorded and made a pazt
of the permanent record of the Preservation Board meeting. All nomination
proposals shall be forwazded, with a record of official action taken by the
Preservation Board and the recommendation of the appropriate local official(s), to
the State Historic Preservation Officer within thirty (30) days of the Preservation
Board meeting at which they were consider.
E. Any person or organization supporting or opposing the nomination of a property to
the national register shall be afforded the opportunity to make its views known in
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writing. Such comments shall be notazized where they contain factual assertions. All
such correspondence regarding a nomination proposal shall become part of the
permanent record concerning that proposal and shall be forwazded with approved
proposals to the state historic preservation officer. In the case of disapproved
nomination proposals, letters of support or comment shall be made a part of the
permanent record concerning that proposal, and a list of such letters shall accompany
the official copy of the disapproved nomination proposal when it is forwazded to the
state historic preservation officer.
F. Nomination proposals to be considered by the Preservation Board shall be on file at
the Yellowstone County Boazd of Planning offices for at least thirty (30) days but not
more than seventy-five (75) days prior to the meeting at which they will be
considered. A copy shall be made available by mail when requested by the public
and shall be made available at a location of reasonable local access, such as a local
library, courthouse, or other public place.
G. Any person may appeal the decision of the Preservation Board regarding a proposed
nomination to the state historic preservation officer in writing within thirty (30) days
of the Preservation Boazd decision.
H. In reviewing national register of historic places nomination proposals, the
Preservation Board shall follow the regulations found in 36 C.F.R. Part 60, and as
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amended from time to time, promulgated by the National Park Service, Department
of the Interior under the Historic Preservation Act of 1966, as amended.
I. Standards for Review: In considering an application for a building or demolition
permit, the Preservation Boazd shall be guided by the following general Standazds.
1. Every reasonable effort shall be made to provide a compatible use for a
property that requires minimal alteration of the building, structure or site and
its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or chazacter of a building, structure, or
site and its environment shall not be destroyed. The removal or alteration of
any historic material or distinctive azchitectural feature should be avoided
when possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and that seek to create an
eazlier appeazance shall be discouraged.
4. Changes that may have taken place in the course of time aze evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
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significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship that
chazacterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated azchitectural features shall be repaired rather than replaced,
wherever possible. In the event replacement is necessary, the new material
should match the material being replace in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural
features should be based on accurate duplication of features substantiated by
historic, physical or pictorial evidence, rather than on conjectural designs or
the availability of different architectural elements from other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the
historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall
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not be discouraged when such alterations and additions do not destroy
significant historical, architectural, or cultural material, and such design is
compatible with the size, scale, color, material and character of the property,
neighborhood, or environment.
Section 8. Demolitions
The Preservation Board, upon a request for demolition by a property owner, shall consider
the following guidelines in evaluating applications for demolition of designated historic sites,
or buildings, structures, or appurtenances within designated historic districts:
1. Whether the structure is of such interest or quality that it would reasonably
fulfill criteria for designation for listing on the national register;
2. Whether the structure is of such design, craftsmanship, or material that it
could be reproduced only with great difficulty or economically nonviable
expense;
3. Whether the structure is one of the last remaining examples of its kind in the
designated historic district within the City;
4. Whether retaining the structure would promote the general welfaze of the
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City by providing an opportunity to study local history, azclutecture, and
design, or by developing an understanding of the importance and value of a
particulaz culture and heritage;
5. Whether there are definite plans for immediate reuse of the property if the
proposed demolition is carried out, and what effect those plans will have on
the chazacter of the surrounding area.
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This Ordinance shall become effective thirty (30) days after
final passage of the City Council and approval by the Mayor.
Introduced on first reading at a regular meeting of the City
Council on March 2, 1993, by Alderman itellogg.
PASSED and ADOPTED by the Laurel City Council on second
reading this 16th day of March ,1993, upon a motion by
Alderman Graham
APPROVED by the Mayor this 17th
day of
March ~
1993.
CITY OF LAUREL
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Charles G. Rodgers, Mayor
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Donald L. Hackmann, City Clerk
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C E R T I F I C A T E
Office of the City Clerk
Laurel, Montana
State of Montana )
County of Yellowstone ) ss.
Laurel, Montana )
I, Donald L. Hackmann, duly appointed and qualified
City Clerk of the City of Laurel, Yellowstone County, do
hereby certify that the foregoing is a true and correct copy
of the original Ordinance No. 1071 passed by the City
Council of the City of Laurel, and approved by the Mayor on
the 17th day of March 1993 which said ordinance
is on file in the office of the Laurel City Clerk.
City Clerk
(SEAL)
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B'° ~~~5 x_,,93