A. Establishment: A historic preservation commission is hereby established in and for the county pursuant to section 67-4603, Idaho Code. Such commission shall consist of seven (7) members, appointed by the chairman, and confirmed by a majority vote of the board. Members shall be selected without regard to political affiliation and shall serve without compensation, provided, however, that actual and necessary expenses shall be allowed if approved by the board.
B. Purpose: This section establishes a program of historic preservation to promote the use and conservation of the county's historical resources for the education, inspiration, pleasure and enrichment of the citizens of Kootenai County:
1. To designate, preserve, promote and perpetuate those sites, areas, buildings, districts, structures and objects which reflect significant elements of the county's, state's, and nation's cultural, architectural, archaeological, historic and other heritage;
2. To foster civic pride in the beauty and accomplishments of the past;
3. To protect and enhance the county's tourism industry by stabilizing and improving the economic vitality and values of landmarks, sites, districts, buildings, structures and objects;
4. To promote the continued use of outstanding sites, districts, buildings, structures and objects for the education, inspiration and welfare of the people of Kootenai County;
5. To promote and continue private incentive for ownership and utilization of landmark buildings, sites, districts, structures and objects; and
6. To assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of landmark buildings, sites, districts, structures and objects.
C. Powers, Duties And Responsibilities: Subject to Idaho law and the procedures described hereunder, the historic preservation commission shall have and may exercise, in addition to any other powers specifically enumerated in this section, the following powers, duties and responsibilities:
1. To function as the county agency responsible for developing and coordinating the county's historic preservation activities;
2. To conduct a survey of county historic properties;
3. To advise and assist owners of historic property on physical and financial aspects of historic preservation and on procedures for inclusion in the national register of historic places;
4. To recommend ordinances to the board and otherwise provide information for the purposes of historic preservation to the county;
5. To promote and conduct an educational and interpretive program regarding historic properties within the county's jurisdiction;
6. To assist in the conduct of land use and other planning processes undertaken by the county or municipalities in the county;
7. To adopt its own bylaws and procedural rules, subject to the approval of the board;
8. To offer advice to the board as to the administration of gifts, grants and money as may be appropriate for the purposes of this section;
9. To cooperate with federal, state and local governments in the pursuit of historic preservation objectives; and
10. To undertake any other action or activity necessary and appropriate to the implementation of its powers and duties, to the implementation of the purpose of this chapter, or to any other functions which may be designated by the board.
11. The historic preservation commission may recommend to the board, within the limits of its funding, the employment or the contracting for the services of a qualified person to act as county historic preservation officer. The historic preservation commission may also recommend to the board, within the limits of its funding, the employment or contracting with technical experts or other persons as it deems necessary to carry out its essential functions.
D. Qualifications: All members of the historic preservation commission shall have a demonstrated interest, competence or knowledge in historic preservation. The board shall endeavor to appoint members who have professional training or experience in the disciplines of architecture, history, architectural history, planning, archaeology, and other fields relating to historic preservation.
E. Terms Of Office: The terms of office for historic preservation commission members shall be for three (3) years. Expired or vacant positions shall be filled within ninety (90) days. Terms shall begin on January 1 and conclude on December 31. The board may set term limitations for members of the historic preservation commission by resolution.
F. Removal Of Members: Any member of the historic preservation commission may be removed for cause by a majority vote of the board. Any member who is absent from any series of three (3) consecutive regular and/or special meetings and study sessions, without the formal consent of the historic preservation commission, or who fails to attend at least seventy five percent (75%) of such regular and special meetings and study sessions, in any one calendar year, may be removed by the board.
G. Chair: Once every year, at the regular meeting held in February, or the first regular meeting thereafter, the historic preservation commission shall select one of its members as chair of the commission and one of its members as vice chair. In the case of the absence of the chair and vice chair, the members present at any meeting shall select one member to act as chair pro tem.
H. Meetings:
1. Time Of Meetings: Once each year, the director shall publish the historic preservation commission's meeting schedule for the following year. Special meetings may be called at any time by the chair of the historic preservation commission or by the director, subject to the notification requirements set forth herein.
2. Quorum: A majority of the filled positions on the historic preservation commission shall constitute a quorum for the purpose of conducting its business, provided there are at least three (3) filled positions. For purposes of determining a quorum, a member who is present, but who cannot hear or deliberate on an application because of a conflict of interest, shall be counted as a member present for quorum purposes.
3. Record Of Proceedings: Minutes shall be kept of all historic preservation commission proceedings, and a transcribable recording of all such proceedings shall be made. The director shall ensure that recordings of such proceedings are transcribed when required by law, and may provide for transcription of recordings of such proceedings at any other time.
4. Voting: Each member of the historic preservation commission which does not have a conflict as defined in section 67-6506, Idaho Code, including the chair, chair pro tem and vice chair, shall be entitled to one vote on each matter before it.
I. Procedural Rules: The historic preservation commission may adopt such bylaws or rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the department and a copy thereof shall be furnished to any person upon request.
J. Liability: Neither the historic preservation commission, nor any person connected therewith, shall incur any financial liability in the name of the county.
K. Special Restrictions: In addition to any power or authority vested in the board, the board shall be empowered, pursuant to section 67-4612, Idaho Code, to provide by ordinance, special conditions or restrictions for the protection, enhancement and preservation of historic properties.
L. Exemption From Building Codes: In order to promote the preservation and restoration of historic properties within the county's jurisdiction, and pursuant to section 67-4618, Idaho Code, the board may exempt a historic property from the application of certain standards contained in title 7, chapter 1 of this code, if the board, upon recommendation of the historic preservation commission, determines that compliance with those standards would prevent or seriously hinder the preservation or restoration of that property.
M. Variances From Land Use Regulations: In order to promote the preservation and restoration of historic properties within the county's jurisdiction, and pursuant to section 67-6516, Idaho Code, the board may approve a request pertaining to a historic property for a variance from the application of certain standards contained in this title. The process for approval of such variance requests, including required findings, shall be in accordance with section 8.8.203 of this chapter, except that the historic preservation commission shall be the initial hearing body. (Ord. 493, 6-9-2016)