A. Purpose: The purpose of this chapter is to promote the preservation and protection of buildings, sites, monuments, structures, and areas of historic importance or interest within the city, by preserving and regulating historic landmarks, properties and districts which reflect elements of its cultural, social, economic, political, archaeological and architectural history; to preserve and enhance the quality of neighborhoods; to foster economic development.
B. Applicability: This overlay district shall apply to all locally designated historic districts and locally designated individual properties or landmarks. Where the provisions of the HPO and OTO overlap, only the standards of the HPO shall apply.
C. Local District And Individual Property/Landmark Designation Generally: The city may establish by ordinance one or more local historic districts and/or individual property/landmark designations within the area of its jurisdiction using the criteria and procedures set forth in this chapter.
D. District And Individual Property/Landmark Designation Procedures:
1. Designation of an area as a local historic district may be requested by the council or the historic preservation commission, or, upon payment of the appropriate fees, by a majority of owners of the property located within the area of the proposed district. Owners of property on the National Register of Historic Places may also petition for local designation as a historic property/landmark under this chapter. Upon receipt of such a request, if survey and nomination reports are not available, the historic preservation commission shall make an investigation of the historic, architectural, archaeological, and cultural significance of the buildings, structures, features, sites, or surroundings proposed for designation, based on the criteria set forth in this chapter. Upon completion of this investigation, the historic preservation commission shall prepare a report containing its findings and recommendations concerning the area proposed for designation.
2. Copies of the report shall be transmitted to the city council and to the applicant(s), if any. A hearing shall be scheduled before the city council within forty five (45) days of the date of submission of the report. Notice of the time, place, and purpose of such hearing shall be given at least fifteen (15) days prior to such hearing by one publication in a newspaper of general circulation in the city and by a written notice of such hearing by first class mail to the owners of all properties proposed for designation.
3. Council action may take any of the following forms:
a. Approval of the designation as presented;
b. Rejection of the designation;
c. Approval of the designation, with modifications.
Regardless of which of the aforementioned options is chosen, the council shall prepare formal findings of fact and conclusions setting forth their decision and the reasons therefor.
4. The planning and development services department shall notify all property owners affected, in writing, by first class mail, of the council's decision. Notification shall be made within thirty (30) days from the date of the council meeting at which the decision was made.
5. Upon passage of the ordinance, a copy of the ordinance shall be recorded in the office of the county recorder for each property within the boundaries of the designated district, and notice of such designation shall be given to the tax assessor of the county.
6. The planning and development services department shall submit a copy of the ordinance and a list of addresses affected by the designation to the building department and shall also maintain a register of such properties, landmarks, and districts.
E. Selection Criteria For Locally Designating Districts And Individual Property/Landmarks: Any site, building, group of buildings, structure or object may be recommended by the historic preservation commission for preservation as a local historic property, landmark or district if it:
1. Has significant character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation;
2. Is associated with the life of a person significant in the past;
3. Is the site of a historic event with a significant effect upon society;
4. Exhibits the characteristic architectural style of a recognized historical era;
5. Is the work of an architect, designer, craftsman, or builder whose individual work has significantly influenced the development of the city, state or nation;
6. Contains elements of engineering design, detail, materials, or craftsmanship, which represent a significant innovation;
7. Owing to its unique location, landscape, or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community, or city, such as "Red Hill" on the Idaho State University campus;
8. Has yielded, or may be likely to yield information important in prehistory or history.
F. Amendment Or Rescission Of Designation:
1. If any building, structure, site, object, area of historical importance, or district which has been designated as a historic property, landmark, or district has ceased to comply with the necessary criteria or no longer exhibits the characteristics which qualified it for designation, consideration of amendment or rescission may be requested by an individual property owner or a majority of property owners within a district, the historic preservation commission, or the city council. The historic preservation commission may recommend that such property or properties be excluded from the boundary of the district, or if the district as a whole no longer meets such criteria, the historic preservation commission may recommend rescission of the historic designation.
2. The procedure with respect to rescission or amendment of historic designation shall be the same as that required for the original designation.
3. The historic preservation commission may, at its own expense, secure its own professional evaluation. The owner shall provide access for such an evaluation during normal business hours or at such time as is mutually agreeable, or the request may be denied.
G. Certificate Of Appropriateness; Required:
1. In order to preserve the integrity of historic buildings and structures within a designated historic district, and to ensure that any new buildings, signs, or structures constructed within a designated historic district shall be compatible within such district, no exterior portion or feature of any building structure or sign within the district shall be demolished or altered, no new construction shall be undertaken, and no outdoor sign shall be erected following the designation of a historic property, until after an application for a certificate of appropriateness has been submitted to and approved by the Historic Preservation Commission or the Planning Director, or their designee, as set forth in Table 17.04.210 of this chapter.
2. No person may commence construction, remodeling, rehabilitation, renovation, demolition, alteration, signage, or the like, nor be issued any building or sign permit within a designated historic district or for a historic building or structure, without having first received a certificate of appropriateness for such work, regardless of whether or not a permit is required for such work.
3. All applicable permits shall be required in addition to a certificate of appropriateness.
CERTIFICATE OF APPROPRIATENESS TABLE | |||
Reason for Certificate of Appropriateness | HPC Level Review | Staff Level Review | No COA Required |
CERTIFICATE OF APPROPRIATENESS TABLE | |||
Reason for Certificate of Appropriateness | HPC Level Review | Staff Level Review | No COA Required |
Variance from Historic Design Standards | X | ||
Premature Alterations | X | ||
Demolitions | X | ||
New Construction | X | ||
Exterior Alterations (includes windows, doors, signage, etc.) | X | ||
Interior Alterations | X | ||
Window Signage | X | ||
Sign Face Change | X | ||
Repairs (see 17.04.210
.J) | X | ||
H. Certificate Of Appropriateness; Application Process:
1. A completed certificate of appropriateness application on a form furnished by the City and applicable fee(s) set by resolution of the City Council together with technical information published and updated from time to time by the City shall be filed by the applicant. The City may request modifications to or additional information for any application for purposes of achieving compliance with this chapter. Fees are not refundable.
2. Staff Level Review: The City shall approve, approve with conditions, or deny the certificate of appropriateness application. The applicant may appeal staff's decision to the Historic Preservation Commission by written request within fourteen (14) days of the date of the written decision. Appeals to the Commission shall require additional fee(s) set by resolution of the City Council.
3. Historic Preservation Commission Level Review: Upon receipt of a completed certificate of appropriateness application and applicable fee(s), a hearing date shall be scheduled, notice of hearing provided, and a hearing held in the manner required by section 17.02.300 of this title. The shall approve, conditionally approve, or deny the certificate of appropriateness application. The applicant or other affected persons may appeal the commission's decision to the City Council by written request within fourteen (14) days of the date of the written decision. Appeals to the City Council shall follow the provisions outlined in section 17.02.400 of this title. The Historic Preservation Commission shall state, for inclusion in the minutes as well as in the findings, the reasons for its decision. The decision shall be in the form of written findings, which shall be transmitted as part of the certificate of appropriateness.
I. Certificate of Appropriateness; Standards For Review: The standards for review of a Certificate of Appropriateness application as identified in the Pocatello Downtown Historic District Design Standards shall apply.
J. Repairs: Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of a historic building, or structure, or sign within a historic district that does not involve a change or alteration in design or material. Minimal repairs to masonry, including cleaning and repointing, are permitted without review only if historically appropriate techniques are employed (i.e., no sandblasting, sealants, or Portland cement).
K. Property Maintenance:
1. The neglect of any locally designated historic property or any property within a locally established historic district is expressly prohibited. The owner of a designated historic property, structure, or sign shall not permit it to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce a detrimental effect upon the character of the district as a whole, or upon the life and character of a building, structure, or sign.
2. The Historic Preservation Commission shall cooperate with city staff responsible for property maintenance enforcement to ensure the preservation of designated historic properties. City staff may provide an annual report to the Historic Preservation Commission regarding the compliance of historic buildings or structures with the provisions of this chapter.
L. Building And Health Codes Exemption:
1. In order to promote the preservation and restoration of historic properties within the city, a historic property, or structure within a historic district may be exempted from the application of such standards contained in the city health or building codes if, upon recommendation from the Historic Preservation Commission, it shall be determined such application would otherwise prevent or seriously hinder the preservation or restoration of said historic property or structure; provided, that the restored building or structure will be no more hazardous, based on life safety, fire safety, and sanitation standards, than the existing building.
2. A historic building or structure shall comply with the provisions regarding historic buildings of the adopted edition of the International Existing Building Code (IEBC) relating to their repair, alteration, relocation and change of occupancy. (Ord. 3132, 2023: Ord. 3115 § 4, 2023: Ord. 2846 § 1, 2008)