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(A) All remodeling, replacement and new construction within the Historical Downtown Preservation District that is funded in whole or part from grants, stipends or free services from local, state or federal government sources must adhere to the requirement of those funds to preserve and protect the historic character of the structure(s) worked on and if required the other structures within the Historical District.
(B) The Planning Board will support the building and architectural requirements of local, state and federal funding supporting these projects and act accordingly under §§ 11.01.270.010 through 11.01.270.080, if the provisions of § 11.01.240.030 are not met and the violations are well supported by the funding agency.
(Prior Code, § 11.01.240.030) (Ord. 2021-15, passed 12-20-2021)
(A) Renovations and new construction proposed for the Historical Downtown Preservation District should be designed and implemented as to preserve the architectural features, the unique use of materials and the overall historic character of the individual structure, as well as the District.
(B) In reviewing a proposal to renovate or build new, the Planning Board shall consider any potential changes in scale and massing that do not have a negative effect upon the overall unity, consistency and cohesiveness of the streetscape and the District.
(C) The review process consists of examining scale, materials, setbacks, massing, sightlines, architectural style, and historic features and design as a means to preserve, as much as possible, the intent of the Historical Downtown Preservation District.
(Prior Code, § 11.01.240.040) (Ord. 2021-15, passed 12-20-2021)
Through recommendation by the Planning Board and Zoning Commission, and a majority vote of the City Council, the area encompassing SD-1 defined in § 11.01.240.020 can be expanded to include other contiguous areas of the B-1 District.
(Prior Code, § 11.01.240.050) (Ord. 2021-15, passed 12-20-2021)
CLARK FORK RIVER SUPERFUND OVERLAY DISTRICT
(A) (1) The intent of the Clark Fork River Superfund Overlay District is to protect public health and safety while allowing appropriate development activities in the city portion of the Clark Fork Superfund site. The requirements of this Overlay District also serve as institutional controls in the context of the Federal Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), being 42 U.S.C. §§ 9601 et seq., commonly known as Superfund).
(2) Notwithstanding the location of the Overlay District or operable unit of the Superfund site, nothing in this chapter shall be construed as limiting the ability of U.S. Environmental Protection Agency (EPA) or Montana Department of Environmental Quality (DEQ) to act on the Comprehensive Environmental Cleanup and Responsibility Act (CECRA) or any other environmental authority, or to restrict restoration actions by the Montana Department of Justice natural resource damage program or any other federal or state natural resources trustee. DEQ may require soil testing or other information to be provided for projects outside the Overlay District when circumstances warrant, such as when materials are suspected to be imported or contaminated. Furthermore, DEQ may require other contaminants besides arsenic to be tested for and addressed.
(B) The application of the Clark Fork River Superfund Overlay District is intended to ensure future developmental activities in the Overlay District do not damage or alter remedial actions (soil caps) or cause arsenic contaminants to migrate from current depositions into the river or other places in the environment.
(Prior Code, § 11.01.250.010) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)
(A) This Overlay District covers the area contaminated by mining and smelting wastes from operations further upstream in the Butte and Anaconda areas and encompasses the area of the city that is included within the boundaries of the Clark Fork River operable unit of the Milltown Reservoir/Clark Fork River Superfund site described in the record of decision for the Superfund site. The map attached as Exhibit A generally illustrates the boundaries of the Overlay District, but the City Planner interprets the actual boundaries of the Overlay District associated with the Clark Fork River Superfund site operable unit through coordination with the Montana Department of Environmental Quality (DEQ). DEQ determines the actual boundaries of the Overlay District based on the operable unit’s boundaries per the record of decision for the Superfund site. Therefore, for any ground disturbance or other construction activities within or in the immediate vicinity of the Overlay Districts as shown on the map attached as Exhibit A, the applicant will first consult with the City Planner to determine whether the activities require further information or review for compliance with this chapter.
(B) The Overlay District shown on the map attached as Exhibit A is limited to the area within the city limits, but the actual Clark Fork River operable unit of the Superfund site extends outside the city limits and the associated jurisdiction of the city. Annexations of future lands in the operable unit will require that the Overlay District boundaries be determined (per the record of decision) and shown on zoning map amendments.
(Prior Code, § 11.01.250.020) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)
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