Bozeman Historic Preservation Advisory Board Meeting - August 19, 2026

The Bozeman Historic Preservation Advisory Board (HPAB) met on August 19, 2026, from 6:00 PM to approximately 10:00 PM. The board discussed and took action on two major agenda items: recommendations to the City Commission regarding zone edge transitions and maximum building height in the B-3 zoning district, and a work session on proposed demolition regulation updates. Key votes included recommending a 70-foot height limit and modifications to zone edge transition requirements.

Consent Calendar

• Approval of Minutes: The board approved the minutes from the previous meeting as amended by staff, correcting the record to show that Member Willbacker abstained from a vote rather than voting to approve. Motion passed unanimously (5-0).

Public Comments & Testimony

• Dan O'Carty (resident, 213 North Third) spoke during the discussion on B3 height and zone edge transitions. He urged HPAB to recommend reducing the maximum allowable building height in B3 to 60 feet, consistent with the B3C historic area. He argued that 90 feet conflicts with the City's strategic plan and growth policy, that zone edge transitions should be at least 100 feet, and raised concerns about a loophole allowing developers to cede a small strip of land to avoid transition requirements.
• May Morel (resident, NCOD) spoke in support of previous comments, noting her experience with zoning amendments. She cautioned that the zone text amendment process is expensive and cumbersome for residents, making it much harder for neighborhoods to change zoning than for developers.
• No additional public comments were made for non-agenda items or during the demolition work session.

Discussion Items

• Special Presentation – Update on July 28 City Commission Discussion Related to Historic Preservation Projects: Staff reported on direction from the City Commission. Key points included: (1) The Commission affirmed the sequencing of work: code revisions first, then NCOD design guidelines update (to be completed later after securing a new consultant), then the local landmark program. (2) The Commission directed that overlay districts should not modify dimensional standards (height, setbacks, etc.), preferring that such changes be addressed in base zoning. (3) Regarding demolition regulations, the Commission echoed many of HPAB's earlier recommendations and did not direct removal of the two-year stay; they asked to examine its effectiveness.

• Action Item G.1 – Recommendations on Zone Edge Transitions and Maximum Building Height in B-3: The board engaged in extensive discussion. Several members expressed strong opposition to the current 90-foot height limit, arguing it harms the historic character and sense of place, and urging a maximum of 70 feet or lower. On zone edge transitions, board members debated the specifics of stepbacks and setbacks, aiming to increase their effectiveness. After public comment, the board made three motions:

  1. Motion 1 (passed unanimously): Recommend deletion of transition type 1A and require that building stepbacks be 12 feet from the setback line (not from the property line), preserving consistent stepback relief.
  2. Motion 2 (passed unanimously): Recommend that landscaping be required in zone edge transitions that are adjacent to RA or RB zones, regardless of whether an alley is present.
  3. Motion 3 (passed unanimously): Recommend to the City Commission that the maximum building height in the B-3 district be 70 feet.

• Action Item G.2 – Work Session on Demolition Regulations: Staff presented a review of 10 suggestions from HPAB, incorporating staff, consultant (CPC), and legal feedback. Key discussion points and board feedback:

  1. Inventory before demolition: Staff/legal support requiring an updated inventory with demolition applications. HPAB members suggested using a 50-year age threshold for triggering inventory outside the NCOD.
  2. Economic analysis clarity: Staff will add more clarity to code language regarding habitable condition, but will keep the detailed Director's Interpretation as guidance.
  3. Documentation during two-year stay: Legal advised that requiring periodic documentation from applicants is not defensible; instead, the existing early termination process can be clarified. Some board members expressed interest in a two-step stay process to encourage good-faith efforts.
  4. On-site public noticing for demolition: Commission direction supports requiring public notice signs for all demolitions (historic and non-historic) in the NCOD. HPAB supported this expansion.
  5. Penalties for demolition without approval: Current penalties (up to $300 first violation, $500 subsequent per day) and double permit fees were noted. HPAB urged exploring stronger deterrents, such as applying the two-year stay as a penalty after illegal demolition. Staff will consult legal on options.
  6. Clarifying process by historic status: Discussion centered on the definition of “historic structure” and the practice of re-evaluating contributing status via updated surveys. Staff acknowledged the need for clearer code language to avoid future controversies.
  7. Expanding demolition regulations outside NCOD: HPAB supported using a 50-year age threshold to trigger a survey and potentially a Certificate of Appropriateness (COA) for structures outside the NCOD.
  8. Demolition by neglect: Staff suggested addressing this through public nuisance code (Chapter 16) rather than the building code, but noted enforcement is complaint-based and resource-limited. HPAB expressed interest but recognized challenges.
  9. Involving HPAB in demolition review: Legal advised that state law (MLUPA) prohibits HPAB from reviewing site-specific demolition permits. Staff will explore providing quarterly reports on demolition activity (numbers, types, outcomes) to keep the board informed on policy effectiveness.
  10. Encouraging reuse of materials: The Sustainability Manager plans to develop a deconstruction handbook, but a requirement for material reuse is not currently feasible due to lack of local vendors.

• FYI – Historic Preservation Awards: Briefly mentioned; no action taken.

Key Outcomes

• Minutes approved as amended (unanimous).
• B3 Height and Transitions Recommendations: The board voted to recommend a 70-foot height maximum, deletion of transition type 1A, revised stepback requirement (12 feet from setback line), and mandatory landscaping adjacent to RA/RB zones. These recommendations will be conveyed to the City Commission for its August 25 work session.
• Demolition Regulations Work Session Guidance: Staff will incorporate board feedback into draft code revisions, including: requiring updated survey inventories with demolition applications; adding public notice signs for all demolitions in NCOD; clarifying the economic analysis and two-year stay early termination process; exploring stronger penalties; and providing quarterly summaries of demolition activity to HPAB. Staff will return with a draft code for review at the September 2026 HPAB meeting.
• Next Steps: Staff to continue drafting code amendments with consultant and legal, targeting a September presentation to HPAB. The board also discussed future work on survey inventories, possibly leveraging a partnership with MSU's CATS program.