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1. Purpose: The purpose of this section is to promote the educational, cultural and economic welfare of the public of the city by engaging in a comprehensive program of historic preservation to promote, preserve and protect historic buildings, structures, sites, monuments, streets, squares and neighborhoods which serve as visible reminders of the historical, archeological, architectural, educational and cultural heritage of the city. It is the further purpose of this section for the social, economic and environmental advantages of the city to promote the use and conservation of such property, to stabilize and improve property values in historic areas, and to encourage new buildings and developments that will be harmonious with the existing historical, archeological, architectural, educational and cultural buildings, structures, sites, streets, squares and neighborhoods.
2. Historic Preservation Commission: There is hereby created and established a Historic Preservation Commission which shall consist of no less than 5 but up to 9 members who shall be appointed by the Mayor with the advice and consent of the Council. Members of the Commission shall be appointed with due regard to the proper representation of such fields as history, architecture, urban planning, archeology and law. In addition, 1 member may be, at the time of appointment, under 18 years of age. The youth member shall be appointed to a term of up to 1 year and may be reappointed to up to 2 successive terms. The remaining members of the Commission are eligible for reappointment as provided by Section 1-8-8 of the Boise City Code. If a vacancy occurs, the Mayor with the consent of the Council shall appoint a member to fill the unexpired term. The members of the Commission shall serve without pay but shall be reimbursed by the city for necessary expenses incurred in connection with their duties. A quorum shall consist of 5 or more members.
3. Organization, Officers, Rules, Meetings:
A. At their first meeting, the appointed Commissioners shall elect officers who shall serve for terms of 1 year. The Commission may establish any rules necessary for the orderly conduct of its business, and all meetings of the Commission shall be open to the public. The Commission shall keep a record of its resolutions, proceedings and actions.
B. The Commission shall provide public notice as outlined in the ordinance. A person may request notice through electronic mail, and if so, it shall be in addition to the mailed notice through the U.S. Postal Service.
4. Powers And Duties Of Commission: The Commission shall exercise to the fullest extent the authority granted under Title 67 (State Government and State Affairs), Chapter 46 (Preservation of Historic Sites) of the Idaho State Code. Duties shall include, but not be limited to the following:
A. Conduct a survey of local historic properties of the city;
B. Recommend the lease, sale, transfer or disposition of historic property subject to rights of public access and other covenants and in a manner that will preserve the property;
C. Contract, with the approval of the local governing body, with the state or federal government, or any agency of either, or with any other person, firm, corporation, or organization, to accomplish the purposes of this section;
D. Cooperate with the federal, state and local governments in the pursuit of the objectives of historic preservation;
E. Participate in the conduct of land use, urban renewal and other planning processes undertaken by the city or any other entity;
F. Recommend ordinances and otherwise provide information for the purposes of historic preservation to the city;
G. Promote and conduct an educational and interpretative program on historic properties within the jurisdiction of the city; and
H. Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private property, building or structure without the express consent of the owner or occupant thereof.
5. Funding:
A. For the purpose of providing funds for a Historic Preservation Commission, the Council may:
(1) Provide funds from current revenues;
(2) Receive and expend monies from any other available source or sources, or
(3) Use any combination of the foregoing.
B. Funds received for a Historic Preservation Commission may be accumulated from year to year and need not be expended during any one fiscal year, except that unexpended monies appropriated by the Council shall be deemed surplus to be budgeted and appropriated for the subsequent year as provided by law.
6. Designation Of Historical Districts, Including Historical Districts - Residential: Historic Districts shall be designated by ordinance and in accordance with the following requirements:
A. Criteria For Designation: The buildings, sites, structures and objects of an historic district shall meet one of the following 3 criteria:
(1) Historical Or Cultural Importance:
(a) Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past; or
(b) Is the site of an historic event with a significant effect upon society; or
(c) Exemplifies the cultural, political, economic, social, educational or historic heritage of the community; or
(d) By being part of or related to a street, square, park or other distinctive area, should be developed or preserved according to a plan based on historic, cultural or architectural motif; or
(e) Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or city; or
(2) Architectural Importance:
(a) Portrays the environment in an era of history characterized by a distinctive architectural style; or
(b) Embodies those distinguishing characteristics of an architectural-type or engineering specimen; or
(c) Is the work of a designer, architect or craftsman whose individual work has significantly influenced the development of the city, state or nation; or
(d) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or
(3) Archeological Importance:
(a) Has yielded or may be likely to yield, information important in pre- history or history.
(b) Contains or is likely to contain physical remains, such as fossils, relics, monuments, art or symbols, of past human life and activities.
B. Commission Research And Report On Proposed District: The Commission, either on its own initiative or upon the request of the City Council, or upon the request of one or more owners of property in the area of a proposed historic district, may recommend the designation of one or more historic districts. Prior to recommending designation the Commission shall conduct studies, research and investigations based on the relevant criteria given in Section 11-05-09.6.A regarding buildings, sites, structures and objects of such proposed historic district or districts. Thereafter, the Commission shall prepare a report containing recommendations concerning the area or areas to be included in the proposed historic district or districts.
C. Transmittal Of Report To Planning And Zoning Commission: Copies of the report shall be transmitted for review and recommendation to the Planning and Zoning Commission. Not less than 60 days after the date of transmittal of such report to the Planning and Zoning Commission, the Historic Preservation Commission shall hold a public hearing regarding the proposed district.
D. Notice Requirements For Historic Preservation Commission Public Hearing:
(1) Notice of the time, place and purpose of such hearing shall be given at least 14 calendar days prior to the hearing by one publication in a newspaper of general circulation in the city; and
(2) Notice of the hearing shall be given to the owners of all properties to be included in the district or districts and to the registered neighborhood association at least 14 calendar days prior to the hearing.
E. Final Report To City Council: After conducting the public hearing, the Commission may vote to proceed with the district, and shall submit a final report with its recommendations and a draft ordinance to the City Council.
F. Public Hearing By City Council: The City Council shall act upon the report and recommendation in accordance with the public hearing provisions of Chapter 11-03, Review and Decision Procedures. Upon approval by the Council of the ordinance establishing the historic district, the zoning maps shall be changed to reflect the addition of the "H" historic overlay zone.
G. Notification Of District:
(1) Upon passage of the ordinance, the owners of each property within the designated historic district, and the registered neighborhood association shall be given written notification of said designation by the Council.
(2) The Commission shall notify City Departments and other agencies as required under Section 11-05-09.16.
(3) One copy of the ordinance creating the district shall be filed in the office of the County Recorder of Ada County, Idaho.
H. Register Of Historic Districts: The Commission shall maintain a register of historic districts as required under Section 11-05-09.16.
I. Investigation Or Report Updates: The physical changes in the district that are approved by a Certificate of Appropriateness shall be added to the report/survey. Updates are not considered amendments to the historic district.
7. Procedure For Reclassification Of Buildings, Sites, Structures Or Objects Located Within Designated Historic Districts And Historic Districts - Residential:
A. 50-Year Time Passage: Any building, site, structure or object located within a designated historic district may on the 50th anniversary of its original construction be deemed historic which may change the classification from a non-contributing property to a contributing property. Classification may be changed through a survey and public process as outlined below.
B. Reclassification: Upon the motion of the Commission, or at the request of the Planning Staff, property owner or applicant (with consent of the property owner if not the same), the Commission may reclassify a building, site, structure or object within a designated historic district or historic district - residential from non-contributing to contributing or from contributing to non- contributing. Criteria for reviewing such changes in classification may include, but are not limited to:
(1) Errors In Original Inventories: A building, site, structure or object may be reclassified from non-contributing to contributing or from contributing to non- contributing if the Commission determines that an error was made on the original survey.
(2) Alterations/Additions/Restorations: A building, site, structure or object may be reclassified from contributing to non-contributing or from non-contributing to contributing if alterations, additions or restorations have been made so that the classification prior to the change no longer reflects the proper classification after the change.
C. Findings For Changes In Classification: The Commission shall approve a change in classification based on the following findings:
(1) Whether or not the building, site, structure or object is eligible for the National Register of Historic Places.
(2) Whether or not the building, site, structure or object contributes to the district.
D. Application Form: An application for a reclassification shall be submitted to the Commission on a form designated by the Commission and containing such information as required by the Commission.
E. Public Hearing/Notification: The Commission shall schedule a public hearing on any reclassification under Subsection B above. Notice of the time, place and purpose of such hearing shall be mailed to all adjacent property owners and residents, and the registered neighborhood association at least 14 calendar days prior to the hearing.
F. Appeal: Any applicant or party of record aggrieved by a determination of the Commission may appeal to the City Council as provided in Chapter 11-03, Review and Decision Procedures.
8. Designation Of Historic Landmarks: Historic Landmarks shall be designated by ordinance and in accordance with the following requirements:
A. The building, site, structure or object proposed for such designation shall meet one or more of the criteria required in Section 11-05-09.6(A). In addition, it must meet the criteria established for inclusion in the National Register of Historic Places as such criteria are applied to historic properties in the State by the Idaho Historic Sites Review Board.
B. The Commission, either on its own initiative or upon the request of the City Council, or upon the request of the owner of the property proposed to be designated, may recommend the designation of an historic landmark. Prior to recommending the designation the Commission shall conduct studies, research and investigations based on the relevant criteria given in Section 11-05-09.6(A). Thereafter, the Commission shall prepare a report containing recommendations concerning the historic landmark proposed to be designated and a draft of the designating ordinance to the City Council. The report of the Commission shall include comments regarding the suitability of the historic landmark for preservation or restoration. In case there is a question of an adaptive or alternative use of the historic landmark, the report shall include a statement regarding the appropriateness of such adaptive or alternative use. The report shall also include a statement regarding the administrative and financial responsibility of the person or organization proposing to undertake all or a portion of the cost of acquisition, restoration, maintenance, operation or repair, or the cost of adaptive or alternative use of the property to the extent that any, such considerations apply to the property proposed for designation. If the owner of the property proposed for designation has not consented to such designation, the report of the Commission shall also include a statement regarding the appraised value of the property.
C. For each designated historic landmark, the designating ordinance shall require the waiting period prescribed by Section 11-05-09.16 to be observed prior to its demolition, material alteration, remodeling or removal. The designating ordinance shall also provide guidelines for a suitable sign or marker on or near the historic landmark indicating that the property has been so designated.
(1) For properties designated as a historic landmark and located within a local historic district, the portions of this ordinance pertaining to the districts, takes precedence over the 180 day waiting period for demolition of the structure.
(2) For State or Federal properties which are designated as historic landmarks, the designation is an honorary effort and the city acknowledges that the repair, maintenance, demolition or remodel of the structure is not within its jurisdiction.
D. The City Council shall hold a public hearing on the designating ordinance, after having given written notice to the owners and occupants of the property and the publication of such notice in the time and manner required by Section 11-05-09.16.
E. Following such public hearing, the Council may act on the designating ordinance.
F. Upon passage of the designating ordinance, the owners and occupants of each designated historic landmark shall be given written notification of said designation by the Council, and one copy of the designating ordinance shall be filed in the office of the County Recorder of Ada County, Idaho.
G. The Commission shall give notice of such designation to the Tax Assessor of Ada County, Idaho.
9. Procedure For Removal Of Historic Designation: After the designation by ordinance of an historic district, historic district - residential; or property within such districts, such designation shall not be rescinded, except as hereinafter provided:
A. Application Form: The owner or owner's representative shall submit an application for removal of designation on a form designated by the Commission and containing such information as required by the Commission, including, but not limited to, a detailed explanation as to why the property (or properties) does not meet the criteria under which the district was adopted as outlined under Section 11-05-09.6.A(1)-(3). Nothing herein shall prevent the Commission from initiating such removals as well.
B. Public Hearing By Commission And Noticing Requirements: Prior to approval or denial of the application for removal of designation, the Commission shall schedule a public hearing on the request and notify, in writing, each property owner within the affected District if for removal of the entire historic District or 300' radius from the property boundaries for an individual property removal within the district and the registered neighborhood association at least 14 calendar days prior to the hearing. Notice of the time, date, place and purpose of such hearing shall also be published at least 14 calendar days prior to such hearing in a newspaper of general circulation within the city.
C. Action By The Commission - Approval Of The Request For Removal Of Designation:
(1) If, in the judgment of the Commission, when any building, site, structure or object included within a designated historic district, or designated as a historic landmark, has ceased to comply with the designation criteria or no longer exhibits the characteristics which qualified the property for inclusion within a historic district or for designation as an historic landmark, such property or properties may be recommended for exclusion from the boundary of such district, or if the district, as a whole, no longer complies with such criteria, it may be recommended for rescission of its historic designation, or such landmark may be recommended for rescission of its historic designation.
(2) If the Commission determines the proposed removal of designation is appropriate, it shall forthwith approve such application and shall prepare a report containing such recommendation of removal of designation and a draft of a proposed ordinance removing such designation to the City Council.
(a) Public Hearing By Council And Noticing Requirements: The City Council shall hold a public hearing on the proposed removal ordinance, after having given written notice as outlined in Section 11-05-09.6.A(1) above. The City Council shall act on the report and recommendation in accordance with the public hearing provisions of Chapter 11-03, Review and Decision Procedures.
(b) Notification Of Approval Of The Removal Ordinance: Upon approval of the ordinance, the owners and occupants of the historic district, historic district - residential or property within such district for which designation was removed shall be given written notification of such removal by the Council, and one copy of the ordinance shall be filed in the office of the County Recorder of Ada County, Idaho. The Commission shall give notice of such removal of designation to the Tax Assessor of Ada County, Idaho and to the Internal Revenue Service, Boise office. The zoning maps shall be changed to reflect the removal of the "H" historic overlay zone.
D. Action By The Commission - Denial Of The Request For Removal Of Designation: If the Commission determines that the application for removal of designation should not be recommended, it shall place upon its records the reason for such determination and shall forthwith notify the applicant of such determination and a copy of its reasons and its recommendations, if any, as appearing in the records of said Commission.
(1) Appeal Of Denial Of The Request For Removal Of Designation: Any applicant aggrieved by a determination of the Commission may appeal to the City Council in accordance with the provisions of Chapter 11-03, Review and Decision Procedures.
10. Procedure For Demolition Or Change In Use Of Historic Landmark: An historic landmark designated by ordinance as herein provided which is not part of an historic district, may be demolished, materially altered, remodeled, relocated or put to a different use only after 180 days written notice of the owner's proposed action has been given to the Historic Preservation Commission in accordance with the following procedures:
A. During this period, the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property. The Commission may enter into negotiations with the owner for the acquisition by gift, purchase, or exchange of the property or any interest therein during this 180 day period or any such action as is reasonably necessary or appropriate for the continued preservation of the property.
B. The Commission may notify, in writing, property owners within a 300' radius of the historic landmark and the registered neighborhood association of the request to demolish, alter, remodel, relocate or change the use of the historic landmark; and may allow such owners and the registered neighborhood association to provide input within the 180 day waiting period.
C. The Commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship unless a reduction in the required period were allowed. The Commission shall have the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the Commission insuring the continued maintenance of the historical, architectural, archeological or cultural integrity and character of the property.
D. At the end of the required waiting period, as reduced or waived if such be the case, the designation of such historic landmark shall be rescinded and a draft of a proposed ordinance removing such designation shall be prepared and submitted to the City Council for approval.
11. Ordinary Repairs; Public Safety: Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district, or of any historic landmark which does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature when the Building Official shall certify such is required for the public safety because of an unsafe or dangerous condition.
12. Acquisition Of Property:
A. All lands, buildings, structures, sites or areas acquired by funds appropriated by the city shall be acquired in the name of the city unless otherwise provided by the governing board. So long as owned by the city, historic properties may be maintained by or under the supervision and control of the city.
B. Nothing in this chapter shall be construed to allow the designation, regulation conditioning, restriction or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies or instrumentalities.
13. Acquisition Of Historic Easements:
A. The city may acquire, by purchase or donation, historic easements in any area within the jurisdiction of the city wherever and to the extent the Council determines that the acquisition will be in the public interest. For the purpose of this section, "historic easement" means any easement, restriction, covenant or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of places of historical, architectural, archeological or cultural significance.
B. The City Council shall seek a recommendation from the Historic Preservation Commission regarding the historic easement and proposed resolution.
14. Maintenance And Repair Required; Demolition By Neglect:
A. Any property located within an historic district, historic district - residential or designated as a landmark shall be preserved by the owner, or such other person or persons as may have the legal custody or control thereof, against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such resource if it is found to have one or more of the following defects, or other defects that in the judgment of the Commission has a detrimental effect on the historical characteristics of the property or district.
(1) The deterioration of exterior walls or other vertical supports;
(2) The deterioration of roofs or other horizontal members;
(3) The deterioration of exterior chimneys;
(4) The deterioration or removal of exterior finishes or fenestration;
(5) The ineffective waterproofing of exterior walls, roofs and foundations including broken windows or doors; and
(6) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
B. If the Commission makes a preliminary determination that a resource is being demolished by neglect, it shall direct the Boise City Building Division to notify the owner(s) of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record 28 days from the date of mailing of such notice to commence work to correct the specific defects as determined by the Commission.
C. If the owner(s) fail to commence work within the time allotted as evidenced by a Building Permit, the Commission shall notify the owner(s) in writing to appear at a public hearing before the Commission at a date, time and place to be specified in said notice, which shall be mailed at least 28 days before the said hearing. The Commission shall also notify in writing adjacent property owners and the registered neighborhood association of such hearing. The Commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner(s) may present evidence in rebuttal thereto. If, after such hearing, the Commission shall determine that the resource is being demolished by neglect, it may direct the City Attorney to commence legal action against the owner(s) if the necessary repairs are not completed within 90 days or a time frame as specified by the Commission.
15. Exemption From Fire Or Building Codes: The Council, in order to promote the preservation and restoration of any historic landmark, or property within a historic district may, upon the recommendation of the Commission, exempt an historic landmark or property within a historic district from the application of the City Fire or Building Codes upon compliance with the criteria for exemption set forth in said codes and upon a finding that non-exemption would prevent or seriously hinder the preservation or restoration of said historic landmark or property in a historic district. Upon rescission of a historic designation, any code exemption herein granted shall be revoked effective the date of rescission.
16. Notice Of City Departments And Other Agencies; Register Of Historic Districts And Landmarks: In addition to all other transmittals and notices required by this Chapter, the Commission shall notify the departments of Boise City and other agencies regarding the designation or removal of designation of historic districts and landmarks, and shall maintain a register of such districts and landmarks.
A. Within 7 calendar days after the designation by ordinance of any historic district or landmark, the Commission shall notify all departments of Boise City and other governmental agencies having a regulatory or legally prescribed duty affecting such district or landmark. The notice shall state the fact of such designation, identify the boundary of the district, or the address of the landmark, and shall summarize the effect such designation will have.
B. The Commission shall maintain a current register and map of all historic districts and landmarks which have been designated by ordinance. Such register and map shall be made public and available to the city departments, other governmental agencies and any interested person.
17. Signs: In addition to a sign application, a staff level Certificate of Appropriateness shall be received for any sign located within a Historic District. The following finding shall be made in order to issue the Certificate of Appropriateness:
A. The sign shall be congruous with the building in design, materials, size and location.
18. Penalties:
A. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1000.00.
B. Any person, who files with the Commission an application or request for a Certificate of Appropriateness who willfully makes any false statement in such application or request, or who, upon demand, willfully furnishes false information to the Commission, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1000.00.
C. For the purpose of this section, each day during which there exists any violation of any provision herein will constitute a separate violation.