Presentation on Overlay Districts

At the September meeting of the Historic Preservation Advisory Board (HPAB), city staff presented an overview of the history of the city’s historic preservation program, the creation and purpose of the Neighborhood Conservation Overlay District (NCOD), and a general introduction to overlay districts. This presentation was intended to prepare HPAB for the October work session with the consultant team as part of Phase 1 of the Bozeman Landmark Program.

There has been significant discussion about the NCOD, its role in this project, and its future. Previous reports from 2015 and 2019 provided recommendations on the NCOD. This project includes evaluating the future of the NCOD and its relevance to the broader historic preservation efforts beyond its current boundaries.

Bozeman has changed considerably since 1991, and the use of overlay districts has evolved alongside it. Understanding the origins of the NCOD and the role of overlay districts in historic preservation, neighborhood character, and community growth is essential as we progress with this project.

What is an overlay district?

A land management tool that allows communities to tailor development regulations to specific areas based on local priorities. These districts often address concerns like historic preservation, environmental protection, contextual development, corridor design, amongst many others, and provide a more nuanced approach to zoning compared to traditional, uniform regulations. The specifics of an overlay district are detailed in zoning codes and can vary depending on the district's goals.

How does an overlay district differ from a historic district?

Bozeman's historic districts are part of the National Register of Historic Places, a federal program that recognizes sites of historic significance. This designation is voluntary and does not restrict changes or demolitions unless a local preservation program imposes such restrictions. In Bozeman, both overlay districts and historic districts exist, serving different purposes and functions.

How is Bozeman's NCOD enforced?

Bozeman's NCOD is enforced under section 38.340 of the Bozeman Municipal Code. Any changes, new construction, or demolitions within the NCOD require a certificate of appropriateness application. Part of this project involves making amendments to section 38.340 of the Bozeman Municipal Code. These amendments will be based on the outcomes of Phase 1, which includes community engagement, advisory board work sessions, and direction from the City Commission.

How are overlay districts created?

Creating an overlay district involves a zone map amendment to establish a boundary and specific regulations for that area. The City Commission ultimately adopts the overlay district.

For additional information about overlay districts and various models, you can watch the HPAB meeting video.