Ordinance - 1989 - 157 - New Chapter 9 In Title 8 "Historic Preservation" - 10/24/1989OoAONv�d
THE CENTENNIAL ORDINANCE
ORDINANCE # 157
AN ORDINANCE AMENDING TITLE 8, OF THE EAGLE CITY CODE, THE ZONING
ORDINANCE, TO ADD A NEW CHAPTER TO BE KNOWN AS CHAPTER 9,
"HISTORIC PRESERVATION" AND TO AMEND CHAPTER 1, ZONING
INTERPRETATION AND DEFINITIONS.
THE NEW CHAPTER 9, "HISTORIC PRESERVATION", ESTABLISHES THE
PURPOSE OF THE CHAPTER AS PROMOTING HISTORIC PRESERVATION AND
PROTECTING HISTORIC PROPERTIES; PROVIDES FOR THE ESTABLISHMENT OF
THE HISTORIC PRESERVATION COMMISSION, TO CONSIST OF 5
MEMBERS; PROVIDES FOR A METHOD OF APPOINTMENT TO THE COMMISSION;
ESTABLISHES COMMISSION ORGANIZATION AND ADMINISTRATION INCLUDING
PROVISIONS FOR RULES AND BY-LAWS, ELECTIONS, RECORDING OF
MEETINGS, AND THE USE OF OUTSIDE CONTRACTORS; ESTABLISHES THE
COMMISSION'S POWERS, DUTIES AND RESPONSIBILITIES AS ADVISORY TO
THE CITY COUNCIL AND MORE SPECIFICALLY TO INCLUDE CONDUCTING
SURVEYS, RECOMMENDING ACQUISITIONS, RECOMMENDING PRESERVATION
METHODS FOR PRIVATE AND CITY OWNED PROPERTIES, COOPERATING WITH
AND PARTICIPATING IN PRESERVATION ORDINANCES, PROMOTING
EDUCATIONAL PROGRAMS, EVALUATING INDIVIDUAL PROPERTIES, WHICH MAY
INCLUDE ENTERING PRIVATE PROPERTIES BUT ONLY WITH EXPRESS
PERMISSION, AND REVIEWING, COMMENTING UPON AND PREPARING
NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES.
AMENDMENTS TO CHAPTER 1, "ZONING INTERPRETATION AND DEFINITIONS",
ADDS THREE DEFINITIONS, INCLUDING "COMMISSION", "HISTORIC
PROPERTY", AND "HISTORIC PRESERVATION".
BE IT ORDAINED BY CITY OF EAGLE COUNCIL THAT TITLE 8 OF THE EAGLE
CITY CODE BE AMENDED TO ADD A NEW CHAPTER TO BE DESIGNATED AS
CHAPTER 9, "HISTORIC PRESERVATION" AND THAT CHAPTER 1, "ZONING
INTERPRETATION AND DEFINITIONS", BE AMENDED, TO READ AS FOLLOWS:
CHAPTER 9: HISTORIC PRESERVATION:
8-9-1: PURPOSE
The purpose of this chapter is to promote the educational,
cultural, economic and general welfare of the public of the City
of Eagle through the identification, evaluation, designation, and
protection of those buildings, sites, areas, structures, and
objects which reflect significant elements of the County's, the
State's and the Nation's historic, architectural, archaeological,
and cultural heritage.
8-9-2: HISTORIC PRESERVATION COMMISSION
A. There is hereby created a Historic Preservation Commission
which shall consist of 5 members who shall be appointed by
the City Council. Members shall serve without compensation.
B. All members of the Commission shall have a demonstrated
interest, competence, or knowledge in history or historic
preservation. Experience in the disciplines of architecture,
history, architectural history, urban planning archaeology,
engineering, law, or other historic preservation related
disciplines would be helpful.
C. The members of the Commission shall take office as of the
date of their appointment and qualification. Appointments shall
be for two (2) years. All members shall be eligible for
reappointment and vacancies shall be filled by appointment for
the balance of the unexpired term.
8-9-3: ORGANIZATION AND ADMINISTRATION
A. The Commission shall have the power to make whatever rules
are necessary for the execution of its duties as set forth in
this ordinance. Rules of procedure and bylaws adopted by the
Commission shall be available for public inspection.
B. The Commission shall elect a chairman and vice chairman from
among the Commission members. The chairman shall preside at
meetings of the Commission. The vice chairman shall, in the
absence of the chairman, perform the duties of the chairman.
C. All meetings of the Commission shall be open to the public,
and follow the requirements of Idaho's open meeting laws. The
Commission shall keep minutes and other appropriate written
records of its resolutions, proceedings, and actions.
D. The Commission may recommend to the City Council the
employment of or the contracting with other parties for the
services of technical experts or other persons, to assist the
Commission in its functions.
8-9-4: POWERS, DUTIES, AND RESPONSIBILITIES
The Commission shall be advisory to the City Council and shall be
authorized to:
A. Conduct a survey of local historic properties.
B. Recommend the acquisition, by the City, of fee simple and
lesser interest in historic properties, including adjacent or
associated lands, by purchase, bequest, or donation.
C. Recommend methods and procedures necessary to preserve,
restore, maintain and operate historic properties under the
ownership or control of the City.
D. Recommend that the lease, sale, other transfer or disposition
of historic properties be made subject to rights of public access
and other covenants and in a manner that will preserve the
property.
E. Draft and submit to the City Council for approval, contracts
with the state or federal government, or any agency of either, or
with any other organization.
F. Cooperate with the federal, state, and local governments in
the pursuance of the objectives of historic preservation.
G. Make recommendations and otherwise participate in the
planning processes undertaken by cities, the County, the State,
or the federal government and related agencies.
H. Recommend ordinances to the City and otherwise provide
information for the purposes of historic preservation in the
City.
I. Promote and conduct educational and interpretive programs on
historic preservation and historic properties in the City.
J. Enter private property, buildings, or structures in the
performance of its official duties, but only with the express
consent of the owner or occupant thereof.
K. Review nominations of properties, within the City's
jurisdiction, to the National Register of Historic Places and
provide comments to the State Historic Preservation office.
L. Nominate properties within the City's jurisdiction to the
National Register of Historic Places.
8-9-5: ACQUISITION OF PROPERTY
All lands, buildings, structures, sites, areas or objects
acquired by funds appropriated by the City shall be acquired in
the name of the City unless otherwise provided by the City
Council. As long as owned by the City, historic properties may
be maintained by or under the supervision and control of the
City.
8-9-6: CRITERIA FOR SELECTION OF HISTORIC PROPERTIES, LANDMARKS
AND DISTRICTS
Any site, building, group of buildings, structure or object may
be designated for preservation as a historic property, landmark
or district if it:
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
or historic heritage of the community; or
D. Portrays the environment in an era of history
characterized by a distinctive architectural style; or
E. Embodies those distinguishing characteristics of an
architectural type or engineering specimen; or
F. Is the work of an architect, designer, craftsman or
builder whose individual work has significantly
influenced the development of the City, state or
nation; or
G. Contains elements of design, detail, materials or
craftsmanship which represent a significant innovation;
or
H. By being part of or related to a square, park or other
distinctive area, should be developed or preserved
according to a plan based on an historic, cultural or
architectural motif; or
I. Owing to its unique location or singular physical
characteristic, represents an established and familiar
visual feature of the neighborhood, community or the
City; or
J. Has yielded, or may be likely to yield, information
important in pre -history or history.
K. In addition, an historic property, landmark or district
must meet the criteria established for inclusion in the
National Register of Historic Places, which are as
follows:
The quality of significance in American history,
architecture, archaeology, engineering and culture
is present in districts, sites, buildings,
structures, and objects that possess integrity of
location, design, setting, materials, workmanship,
feeling, and association, and:
1. that are associated with events that have
made a significant contribution to the broad
patterns of our history; or
2. that are associated with the lives of persons
significant in our past; or
3. that embody the distinctive characteristics
of a type, period, or method of
construction, or that represent the work of a
master, or that possess high artistic values,
or that represent a significant and
distinguishable entity whose components may
lack individual distinction; or
4. that have yielded, or may be likely to yield,
information important in prehistory or
history.
Ordinarily cemeteries, birthplaces, or graves
of historical figures, properties owned by
religious institutions or used for religious
purposes, structures that have been moved
from their original locations, reconstructed
historic buildings, properties primarily
commemorative in nature, and properties that
have achieved significance within the past 50
years shall not be considered eligible for
the National Register. However, such
properties will qualify if they are integral
parts of districts that do meet the criteria
or if they fall within the following
categories:
1. a religious property deriving primary
significance from architectural or artistic
distinction or historic importance; or
2. a building or structure removed from its
original location but which is significant
primarily for architectural value, or which
is the surviving structure most importantly
associated with an historic person or event;
or
3. a birthplace or grave of an historical
figure of outstanding importance if there is
no other appropriate site or building
directly associated with this productive
life; or
4. a cemetery that derives its primary
significance from graves of persons of
transcendent importance, from age, from
distinctive design features, or from
association with historic events; or
5. a reconstructed building when accurately
executed in a suitable environment and
presented in a dignified manner as part of a
restoration master plan, and when no other
building or structure with the same
association has survived; or
6. a property primarily commemorative in
intent if design, age, tradition, or symbolic
value has invested it with its own historical
significance; or
7. a property achieving significance within
the past 50 years if it is of exceptional
importance.
8-9-7: PROCEDURES FOR DESIGNATION OF HISTORIC DISTRICTS
A. Designation of a commercial historic district may be
initiated by request from the Council, or one or more
owners of property located within the area of the proposed
district, or by a member of the Commission. Upon receipt of
such a request, the Commission shall make an investigation
of the historic, architectural, archeological and cultural
significance of the buildings, structures, features, sites
or surroundings included in the proposed district, based on
the criteria set forth in Section 5 of this Ordinance. Upon
completion of this investigation, the Commission shall
prepare a report containing its findings and recommendations
concerning the area to be included in the proposed historic
district.
B. Copies of the report shall be transmitted to the members
of the Planning and Zoning Commission for review and
recommendation, and within sixty days from the date of
transmittal of such positive reports, the Commission shall
hold a public hearing thereon. Notice of the time, place
and purpose of such hearing shall be given at least fifteen
days prior to such hearing by one publication in the
official newspaper of the City and by a written notice of
such hearing by first class mail given to the owners of all
properties to be included in the district.
C. Following such hearing the Commission shall submit its
findings and recommendations and a draft of the proposed
ordinance (in the case of positive findings) to the City
Council within thirty (30) days of the end of such hearing.
D. Council action may take any of the following forms:
1. Approval of the historic district designation as
presented;
2. Rejection of the application for historic district
designation;
3. Approval of the historic district designation, with
modifications.
Regardless of which of the aforementioned options is chosen,
the Council shall have prepared formal Findings of Fact and
Conclusions of Law setting forth their decision and the
reasons therefor.
E. The City Clerk shall notify all property owners within
the district, in writing, by first class mail, of the
Council's decision. Notification shall be made within
fifteen days from the date of the Council meeting at which
the decision was made.
8-9-8: DESIGNATION OF HISTORIC PROPERTIES OR HISTORIC LANDMARKS
The Council may adopt an ordinance designating one or more
historic properties or landmarks as long as said properties or
landmarks meet one or more of the criteria set forth in Section
5 of this Ordinance.
8-9-9: PROCEDURE FOR DESIGNATION OF HISTORIC PROPERTY OR
LANDMARK
A. Designation of an historic property or landmark may be
initiated by request from the Council, upon the request of
the owner of the property proposed to be designated, or on
the Commission's own initiative. Upon receipt of such
request, the Commission shall make an investigation of the
historical, architectural, archeological and cultural
significance of the proposed property or landmark based on
the criteria set forth in Section 5 of this Ordinance. The
commission shall also consider the property's suitability
for preservation or restoration; educations value; cost of
acquisition, restoration, maintenance, operation or repair;
possibilities for adaptive or alternative use of the
property; appraised value and administrative and financial
responsibility of any person or organization willing to
underwrite all or a portion of such costs. Upon completion
of this investigation, the Commission shall prepare a report
containing its findings and recommendations concerning the
proposed historic property or landmark. If recommendations
are positive, a draft of a proposed ordinance shall also be
prepared. The ordinance shall require that the waiting
period set forth in Section 17C of this Ordinance be
observed prior to the demolition, material alteration,
remodeling or removal of said historic property or landmark.
B. Copies of the completed report and draft of the
ordinance shall be transmitted to the members of the Council
for review, and within forty-five (45) days from the date of
transmittal, the Council shall hold a public hearing on the
proposed 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 7 of
this Ordinance.
C. Following such public hearing, the Council may act on
the ordinance.
D. Following action on the ordinance, the owners or
occupants of the proposed historic property or landmark
shall be given written notification by first class mail of
the Council's decision within fifteen (15) days. Upon
approval of designation, the property owner shall be sent a
copy of this Ordinance and provision may be made for the
erection of a suitable sign or marker on or near the
property indicating that the property has been so
designated.
E. Upon passage of the ordinance, one copy of the ordinance
shall be filed in the office of the County Recorder of Ada
County, Idaho, and notice of such designation shall be given
to the Tax Assessor of Ada County, Idaho.
F. Notwithstanding any of the foregoing, consent of the
owner shall be required in all cases.
8-9-10: NOTICE TO OTHER AGENCIES AND MAINTENANCE OF REGISTER OF
HISTORIC PROPERTIES, LANDMARKS AND DISTRICTS
In addition to all other transmittals and notices required by
this Ordinance, the City Clerk's Office shall notify the Idaho
State Historical Society and other agencies regarding the
designation of historic properties, landmarks and districts, and
shall maintain a register of such properties, landmarks and
districts.
A. Within five days after the designation by ordinance of
any historic property, landmark or district, the City
Clerk's Office shall notify the Idaho State Historical
Society and other governmental agencies having a regulatory
or legally prescribed duty affecting such historic property,
landmark or district. The notice shall briefly state the
fact of said designation, identify the boundary of the
designated district or site, or the address of the
designated historic property or landmark, and summarize the
effects said designation will have.
B. The City Clerk's Office shall maintain a current
register and map of all historic properties, landmarks and
districts. Such register and map shall be made available
for public and governmental review.
8-9-11: MORATORIUM ON APPLICATION FOR ALTERATION OR DEMOLITION
WHILE DESIGNATION IS PENDING
No permit for erection, alteration, restoration, demolition or
move shall be approved for any sites, buildings, structures or
objects being considered for designation as historic properties,
landmarks or districts subsequent to the day request for such
designation is received by the Commission; provided, however,
that after ninety (90) days have elapsed from the date of
initiation of such designation for properties and landmarks, and
150 days from the date of initiation of such designation for
districts, if final action on such designation has not been
completed, the permit application may be approved.
8-9-12: PERMIT FOR NEW CONSTRUCTION OR DEMOLITION WITHIN
DESIGNATED HISTORIC DISTRICTS
A. In order to preserve the integrity of historic buildings
and structures within a designated historic district, and to
ensure that any new buildings or structures constructed
within a designated historic district shall be compatible
within such district, no exterior portion or features of any
buildings, sites, structures, or objects within said
district shall be demolished, no new construction shall be
undertaken, and no outdoor signs shall be erected while
designation is pending and following the designation of an
historic district, until after an application for a permit
has been submitted to, and approved by, the Eagle Design
Review Board and the Commission.
B. The commission shall not consider interior arrangement
of privately owned properties and shall take no action under
this section except for the purpose of preventing the new
construction, movement or demolition of buildings,
structures, appurtenant fixtures, outdoor advertising signs
or natural features of an historic district which would not
be in keeping with the historical, architectural or cultural
aspects of the historic district.
8-9-13: PROCEDURE FOR ISSUANCE OF PERMITS FOR NEW CONSTRUCTION
OR DEMOLITION WITHIN DESIGNATED HISTORIC DISTRICTS
A. Application shall be submitted by the owner of the
property requiring such a permit. The application shall
contain such information as required by the Commission
under Section 14 of this Ordinance and shall be made to the
Building Department. The Building Inspector shall carry out
initial review and shall then forward application to the
Commission as deemed necessary. The Building Inspector may
deny the application or approve and issue permits without
submission to the Commission.
B. The Commission shall hold a public hearing as deemed
necessary concerning the application provided that the
hearing shall be set within 45 days after receipt of the
required information. 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 the official
newspaper of the City and by written notice by first class
mail of such hearing to the applicant and all property
owners within 300 feet of such property.
C. Within fifteen (15) days following completion of such
hearing, the Commission shall approve, approve with
conditions, or deny the application for a permit using the
guidelines set forth in Section 15 of this Ordinance. All
decisions of the Commission shall be in writing and include
Findings of Fact and Conclusions of Law and a copy shall be
sent to the applicant by first class mail and a copy
transmitted to the Building Department of the City, which
department shall issue any permit approved by the
Commission.
D . Any applicant aggrieved by a determination of the
commission may appeal to the City Council.
E . The Commission may approve an application for a permit
in any case where failure to issue such permit would result
in extreme hardship to the applicant.
8-9-14: INFORMATION REQUIRED FOR APPLICATION FOR PERMIT FOR NEW
CONSTRUCTION OR DEMOLITION WITHIN HISTORIC DISTRICTS
An application for a new construction or demolition permit shall
contain the following information:
A. A clear statement of the proposed work, to include such
things as colors, materials, landscaping and signs.
B . Plans describing the size, height and completed
appearance of the proposed work.
C. A site plan showing all existing buildings and
structures and the proposed work.
D. In cases where the application is for a demolition, the
necessity for the demolition shall be justified.
E. Any other information deemed necessary by the
Commission.
8-9-15: GUIDELINES FOR REVIEW QF APPLICATIONS FOR NEW
CONSTRUCTION OR DEMOLITION WITHIN HISTORIC DISTRICTS
In reviewing applications for permits for new construction or
demolition for building, structures and objects within an
historic district, the Commission shall consider the following
factors:
A. The historical and architectural value and significance
of the property or structure.
B. The physical condition of the property or structure.
C. The general compatibility of the proposed work to the
property or structure itself, as well as to the surrounding
neighborhood or district. Exterior design, arrangement,
proportion, detail, scale, color, texture and materials
proposed to be used shall be taken into consideration.
D. Where the proposed work includes landscaping, the
relationship of landscaping to the property itself, as well
as to the surrounding neighborhood or district.
E. Where the proposed work includes erection of or Changes
to signs, the style, materials, size and location of signs
and their compatibility with the historic character and
scale of the property or structure as well as to the
surrounding neighborhood or district.
8-9-16: HISTORIC BUILDING ALTERATION PERMIT REQUIRED FOR
DEMOLITION, REMODELING, REHABILITATION OR RENOVATION
A permit must be obtained from the Building Department prior to
the demolition, remodeling, rehabilitation or renovation of any
property or landmark which has been given historic designation or
for which such designation is pending. The Commission may delay
approval of such permit for a maximum of one hundred eighty (180)
days, during which time the Commission may negotiate with the
owner and with any other parties in an effort to find a means of
preserving the property.
8-9-17: PROCEDURE FOR APPLICATION FOR HISTORIC BUILDING
ALTERATION PERMIT
A. Application for an historic building alteration permit
shall be submitted by the owner of the property requiring
such permit. The application shall be made to the Building
Department of the City. The Building Inspector shall carry
out initial review and shall then forward the application to
the Commission as deemed necessary. In cases of minor
changes, the Building Inspector may approve and issue
permits without submission to the Commission.
B. The commission shall hold a public hearing concerning
the application within forty-five (45) days of receipt of
such application from the Building Department. Notice of
the time, place and purpose of such hearing shall be given
as required by Section 13C of this Ordinance.
C. Within fifteen (15) days following completion of, such
hearing, the commission shall recommend that the application
be approved of that approval be delayed for a period not to
exceed one hundred eighty (180) days. All decisions of the
Commission shall be in writing, a copy transmitted to the
Building Department of the City, and a copy sent to the
applicant. In all decisions, the Commission shall provide a
written decision including Findings of Fact and Conclusions
of Law and notify the applicant by first class mail.
D. Any applicant aggrieved by a determination of the
Commission may appeal to the City Council.
E. The Commission may approve a permit for historic
building alteration in any case where failure to issue such
permit would cause extreme hardship.
8-9-18: CHANGES TO PUBLICLY OWNED PROPERTY
No exterior or interior portion of a designated property,
landmark, site, structure or object which is owned by the City
shall be altered, restored, reconstructed, remodeled, moved or
demolished until such time as an application for such work has
been submitted to and approved by the Commission.
8-9-19: ORDINARY REPAIR
Nothing in this Ordinance shall be construed to prevent the
ordinary maintenance or repair of any exterior feature of an
historic building, landmark or structure within an historic
district which does not involve a change in design, material,
color or outer appearance thereof.
8-9-20: HISTORIC EASEMENTS
The City may acquire by donation, historic easements upon the
recommendation of the commission and approval of the council to
the extent the Council determines that the acquisition will be in
the public interest.
8-9-21: MINIMUM MAINTENANCE REQUIREMENT
The owner of a designated historic property, landmark, structure,
area or site, or property, landmark, structure, area or site
within a designated historic district, shall not permit such
property, landmark, building, structure, area or site to fall
into a state of disrepair which may result in the deterioration
of any exterior appurtenance or architectural feature so as to
produce or tend to produce, in the judgment of the Commission, a
detrimental effect upon the character of the district as a whole,
or upon the life and character of a building, structure, site or
landmark. This shall include:
A. All of the exterior portions of such buildings,
landmarks, structures, areas or sites.
B. All interior portions thereof which, if not maintained,
may cause or tend to cause the exterior portions of such
buildings, landmarks or structures to deteriorate, decay or
become damaged or otherwise fall into a state of disrepair.
8-9-22: EXEMPTION FROM HEALTH OR BUILDING CODES
The Council, in order to promote the preservation and restoration
of historic properties within the City, may exempt an historic
property or landmark, or structure within an historic district
from the application of such standards contained in the City
health of building codes as the Council, upon recommendation from
the commission, shall determine would otherwise prevent or
seriously hinder the preservation or restoration of said historic
property, landmark 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.
8-9-23: AMENDMENT OR RESCISSION OF HISTORIC PROPERTY, LANDMARK
OR DISTRICT DESIGNATION
A. If, in the judgment of the Commission, any building,
structure, site, object, area of historical importance or
district which has been designated as an historic property,
landmark or district has ceased to comply with the
designation criteria or no longer exhibits the
characteristics which qualified it for designation, such
property or properties may be recommended for exclusion from
the boundary of the district they are within, or if the
district as a whole no longer meets such criteria, it may be
recommended for rescission of designation; or such property
or landmark may be recommended for rescission of historic
designation.
B. Property owners residing within a designated historic
district, and owners of designated landmarks and historic
properties may ask the Commission for rescission of such
designation.
C. The procedure with respect to a recommendation for
rescission or amendment of historic designation shall be the
same as required for the original designation as described
in Section 7 and Section 9 of this Ordinance.
8-9-24: CHANGE IN USE OF STRUCTURES OR PROPERTIES WITHIN A
DESIGNATED HISTORIC DISTRICT
No change in the use of any structure or property within a
designated historic district shall be permitted until after a
request for such change has been submitted, and approved by the
Commission. Such request shall also be made prior to the
approval of any change of zoning classification which would
affect an historic district.
8-9-25: VIOLATIONS
A. Any person who violates any provision of this Ordinance
shall be guilty of a misdemeanor which shall be punishable
by a fine of not more than three hundred ($300) dollars.
B. For the purpose of this Ordinance, each day during which
there exists any violation of any provision herein will
constitute a separate violation.
Section 8-1-2 (Definitions) shall be amended to add the
following:
COMMISSION The Historic Preservation Commission, Eagle,
Idaho
HISTORIC PROPERTY
HISTORIC
PRESERVATION
Any building, structure, area or site that
is significant in the history, architecture,
archaeology or culture of this community,
the State, or the Nation
The research, documentation, protection,
restoration and rehabilitation of buildings
structures, objects, districts, areas, and
sites significant in the history,
architecture, archaeology or culture of
this community, the State, or the Nation.
ADOPTED THIS c7?isI DAY OF
ATTEST:
Bar ara Montg6mery
Eagle City Clerk
APPROVED:
STEVE GUERBER
MAYOR OF EAGLE
PUBLISHED:
3/, /98
,1989.
SUMMARY OF
ORDINANCE NO. 157
AN ORDINANCE AMENDING TITLE 8, OF THE EAGLE CITY CODE, THE ZONING
ORDINANCE, TO ADD A NEW CHAPTER TO BE KNOWN AS CHAPTER 9, "HISTORIC
PRESERVATION" AND TO AMEND CHAPTER 1, ZONING INTERPRETATION AND
DEFINITIONS.
THE NEW CHAPTER 9, "HISTORIC PRESERVATION," ESTABLISHES THE PURPOSE
OF THE CHAPTER AS PROMOTING HISTORIC PRESERVATION AND PROTECTING
HISTORIC PROPERTIES; PROVIDES FOR THE ESTABLISHMENT OF THE HISTORIC
PRESERVATION COMMISSION, TO CONSIST OF 5 MEMBERS; PROVIDES FOR A
METHOD OF APPOINTMENT TO THE COMMISSION; ESTABLISHES COMMISSION
ORGANIZATION AND ADMINISTRATION INCLUDING PROVISIONS FOR RULES AND
BY-LAWS, ELECTIONS, RECORDING OF MEETINGS, AND THE USE OF OUTSIDE
CONTRACTORS; ESTABLISHES THE COMMISSION'S POWERS, DUTIES AND
RESPONSIBILITIES AS ADVISORY TO THE CITY COUNCIL AND MORE
SPECIFICALLY TO INCLUDE CONDUCTING SURVEYS, RECOMMENDING
ACQUISITIONS, RECOMMENDING PRESERVATION METHODS FOR PRIVATE AND
CITY OWNED PROPERTIES, COOPERATING WITH AND PARTICIPATING IN
PRESERVATION ORDINANCES, PROMOTING EDUCATIONAL PROGRAMS, EVALUATING
INDIVIDUAL PROPERTIES, WHICH MAY INCLUDE ENTERING PRIVATE
PROPERTIES BUT ONLY WITH EXPRESS PERMISSION, AND REVIEWING,
COMMENTING UPON AND PREPARING NOMINATIONS TO THE NATIONAL REGISTER
OF HISTORIC PLACES.
AMENDMENTS TO CHAPTER 1, "ZONING INTERPRETATION AND DEFINITIONS,"
ADDS THREE DEFINITIONS, INCLUDING "COMMISSION," "HISTORIC
PROPERTY," AND "HISTORIC PROPERTY," AND "HISTORIC PRESERVATION."
A summary of the principal provisions of Ordinance No. 157 of
the City of Eagle, Ada County, Idaho, adopted on October 24, 1989,
is as follows:
The Ordinance enacts a new Chapter 9, Title 8, Eagle City
Code, to read as follows:
8-9-1: Sets forth the purpose of the new chapter.
Creates an Historic Preservation Commission,
establishing the qualifications and terms of service of members.
8-9-3: Empowers said Commission to make rules to execute its
duties, provides for the election of officers, the conduct of
meetings, and the employment of assistants.
8-9-4: Sets forth the powers, duties, and responsibilities
of the Commission, which include surveying historic properties,
recommending the acquisition of such properties and the means to
preserve and operate them, working with other governmental entities
to accomplish such goals, promoting and conducting educational
programs about historic preservation and historic properties, and
reviewing and nominating local properties for the National Register
of Historic Places.
8-9-5: Provides for the acquisition and control of historic
properties by the City.
8-9-6: Establishes criteria for selecting historic
properties, landmarks, and districts.
8-9-7: Establishes a procedure for designating historic
districts, requiring the preparation of a report on the proposed
district and a public hearing before the Planning and Zoning
Commission on the proposed district, with the resultant
recommendation of the Planning and Zoning Commission to be
submitted to the City Council for final action on the proposal.
8-9-8: Empowers the City Council to adopt an ordinance
designating one or more historic properties or landmarks as such.
8-9-9: Establishes the procedure for designating an historic
property or landmark requiring the preparation of a report by the
Commission and the submission of the same to the City Council, with
a public hearing on the proposal after notice of such hearing has
been provided.
8-9-10: Requires the City Clerk to notify the Idaho State
Historical Society and other agencies regarding the designation of
historic properties, landmarks, and districts and to maintain a
register of the same.
8-9-11: Prohibits the issuance of a permit for the erection,
alteration, restoration, or demolition of any property being
considered for designation as an historic property, landmark, or
district for a specified period.
8-9-12: Prohibits the undertaking of any exterior changes to
any buildings, sites, or objects within a designated historic
district, unless an application for a permit has been approved by
the Eagle Design Review Board and the Commission.
8-9-13: Requires an application for a permit for any new
construction or demolition, as set forth in sections 8-9-11 and
8-9-12, establishing the contents of such application and requiring
a review of the same. A public hearing is provided for before the
Commission with the right of appeal to the City Council.
8-9-14: Details the information an application for a new
construction or demolition permit must contain.
8-9-15: Establishes the guidelines for review of applications
for new construction or demolition within historic districts that
the Commission must consider in reviewing such permits.
8-9-16: Requires an owner to obtain a permit from the
Building Department prior to the demolition, remodeling,
rehabilitation, or renovation of any property or landmark which has
been given historic designation or for which such designation is
pending.
8-9-17: Establishes an application procedure for an historic
building alteration permit from the Building Department, with a
public hearing before the Commission and a right of appeal to the
City Council.
8-9-18: Prohibits the alteration of any City property, which
is designated historic property, unless an application is obtained
from the Commission.
8-9-19: Clarifies that ordinary maintenance or repair work
does not require a permit.
8-9-20: Empowers the City to acquire by donation historic
easements upon the recommendation of the Commission and approval
of the City Council.
8-9-21: Requires the owner of a designated historic property
or landmark to maintain such property in a state of repair.
8-9-22: Empowers the City Council to exempt an historic
property or landmark from the standards contained in the City
health or building code as the Council, upon recommendation from
the Commission, determines necessary.
8-9-23: Provides for the amendment or recession of designated
historic property.
8-9-24: Prohibits a change in use of property in a designated
historic district without Commission approval.
8-9-25: Makes violation of the title a misdemeanor and
establishes a fine.
8-1-2: Provides definitions of commission, historic property,
and historic preservation.
The full text of Ordinance No. 157 is available at City Hall
and will be provided to any citizen for inspection, upon personal
request, during normal office hours.
DATED this 24 day of October, 1989.
ATTEST:
hqyrk. afi /4( ty"
City Cler
CITY OF EAGLE
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 157 of the City of Eagle and that the same,
is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
DATED this 24 day of October, 1989
o77alo�dZ
City Attorney
�G�
County of Ada §
§
State of Idaho §
SS.
PROOF OF PUBLICMi'ION
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian
County of Ada, State of Idaho;
That the annexed notice was published in said news•
paper once each and every week for / Genseeutivs;
weeks, the first publication being on the /-% day of
,19 17 , and the last publication being or
the i day of , 19fp.
That the said newspaper has been published continu,
ously and uninterruptedly in Said county during a perioo
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Subscribed and sworn to before me this
,19».
aAfez
Residence:
SUMMARY OF
ORDINANCE NO. 157
AN ORDINANCE AMENDING TITLE
8, OF THE EAGLE CITY CODE, THE
ZONING ORDINANCE, TO ADD A
NEW CHAPTER TO BE KNOWN AS
CHAPTER 9, "HISTORIC PRESERVA-
TION" AND TO AMEND CHAPTER 1,
ZONING INTERPRETATION AND
DEFINITIONS.
THE NEW CHAPTER 9, "HISTORIC
PRESERVATION," ESTABLISHES
THE PURPOSE OF THE CHAPTER AS
PROMOTING HISTORIC PRESERVA-
TION AND PROTECTING HISTORIC
PROPERTIES; PROVIDES FOR THE
ESTABLISHMENT OF THE HIS-
TORIC PRESERVATION COMMIS-
SION, TO CONSIST OF 5 MEMBERS;
PROVIDES FOR A METHOD OF AP-
POINTMENT TO THE COMMISSION;
ESTABLISHES COMMISSION OR-
GANIZATION AND ADMINISTRA-
_ TION INCLUDING PROVISIONS FOR
RULES AND BY-LAWS, ELECTIONS,
Principal Clerk RECORDING OF MEETINGS, AND
THE USE OF OUTSIDE CONTRAC-
TORS; ESTABLISHES THE
2 day of COMMISSION'S POWERS, DUTIES
AND RESPONSIBILITIES AS ADVI-
SORY TO THE CITY COUNCIL AND
MORE SPECIFICALLY TO INCLUDE
CONDUCTING SURVEYS, RECOM-
eed/.4/--) MENDING ACQULSITIONS, RECOM-
MENDING PRESERVATION METH-
ODSNo Public FOR PRIVATE AND CITY
OWNED PROPERTIES, COOPERAT-
ING WITH AND PARTICIPATING IN
PRESERVATION ORDINANCES,
PROMOTING EDUCATIONAL PRO-
GRAMS, EVALUATING INDIVID-
UAL PROPERTIES, WHICH MAY
INCLUDE ENTERING PRIVATE
PROPERTIES BUT ONLY WITH EX-
PRESS PERMISSION, AND REVIEW-
ING, COMMENTING UPON AND
PREPARING NOMINATIONS TO THE
NATIONAL REGISTER OF rias i uiut,.
PLACES.
AMENDMENTS TO. CHAPTER 1,
"ZONING INTERPRETATION AND
DEFINITIONS," ADDS THREE DEFI-
NITIONS, INCLUDING "COMMIS-
SION," "HISTORIC PROPERTY,"
AND "HISTORIC PROPERTY," AND
"iirsruru.. PRESERVATION."
A summary of the principal provisions
of Ordinance No. 157 of the City of Eagle,
Ada County, Idaho, adopted on October
24, 1989, is as follows:
The Ordinance enacts a new Chapter 9,
Title 8, Eagle City Code, to read as fol-
lows:
8-9-1: Sets forth the purpose of the new
chapter.
8-9-2: Creates an Historic Preserva-
tion Commission, establishing thequalifi-
cations and terms of service of members.
8-9-3: Empowers said Commission to
make rules to execute its duties, provides
for the election of officers, the conduct of
meetings, and the employment of assis-
tants.
8-9-4: Sets forth the powers, duties,
and responsibilities of the Commission,
which include surveying historic proper-
ties, recommending the acquisition of
such properties and the means to preserve
and operate than, working with other
governmental entities to accomplish suds
goals, promoting and conducting educe -
My commission expires: 7---/ 7 -1V
(SEAL)
1,1
ammendatim of the Planning and Zoning
Commission to be submitted to the Ciq
Council for final action on the proposal.
8-9-8: Empowers the City Cotmal
adopt an ordinance designating one a
more historic properties or landmarks sr
such.
8-9-9: Establishes the procedure fol
designating an historic property or land-
mark requiring the preparation of a report
by the Commission and the submission of
the same to the city Comdl,.with a public
heating on the proposal after notice of
such hearing has been provided.
8-9-10: Requites the City Clerk to
notify the Idaho State Historical Society
and other agencies regarding the designa-
tion of historic properties, landmadts, and
districts and to maintain a register of the
same.
8-9-11: Prohilats the issuance of a
permit for the erection, alteration, restora-
tion, or demolition of any property being
considered for designation as an historic
property, landmark, or district for a speci-
fied period.
8-9-12: Prohibits the undertaking of
any exterior changes to any buildings,
sites, or objects within a designated his-
toric district, unless an application for a
permit has been approved by the Eagle
Design Review Board and the Commis-
sion.
8-9-13: Requires an application for a
pesmitforany new commotionor demo-
lition, as set forth in sections 8-9-11 and 8-
9-12, establishing the contents of such
application and requiring a review of the
same. A public hearing is provided for
before the Commission with the right of
appeal to the City Council.
8-9-14: Details the ',.'1,.....:... an
application for a new ,..,.. , ..;.. or
demolition permit must contain.
8-9-15: Establishes the guidelines for
review of applications for new construc-
tion or demolition within historic districts
that the Commission must consider in
reviewing such permits.
8-9-16: Requires an owner to obtain a
permit from the Building Department
prior to the demolition, remodeling, reha-
bilitation, or renovation of any property or
landmark which has been given historic
designation or for which such designation
is pending.
8-9-17: Establishes an application
procedure for an historic balding altera-
tion permit from the Building Depart-
ment, with a public hearing before the
Commission and a right of appeal to the
City Council.
8-9-18: Prohibits the alteration of any
City property, which is designated his-
toric property, unless an application is
obtained from the Commission.
8-9-19: Clarifies that ordinary mainte-
nance or repair work does not require a
P
8-9-20: Empowers the Qty to acquire
by donation historic easements upon the
recommendation of the Commission and
approval of the City Council.
8-9-21: Requires the owner of a desig-
nated historic property or landmark to
maintain sada property in a state of repair.
8-9-22: Empowers the Qty Carnal to
exempt an historic property or landmark
from the standards contained in the City
health or building code as -the Council,
upon recommendation from the Commis-
sion, determines necessary.
8-9-23: Provides for the .... ....or
recession of designated historic property.
8-9-24: Prohibits a change in use of
property in a designated historic district
without Commission approval
8-9-25: Makes violation of the title a
misdemeanor and establishes a fine.
8-1-2: Provides definitions of commis-
sion, historic property, and historic pres-
ervation.
The full text of Ordinance No. 157 is
available at City Hall and will be provided
to any citizen for inspection, upon per-
sonal request, during normal office horn;.
DATED this 24 day of October, 1989.
CITY OF EAGLE
By /s/ Sieve Guerber
Mayor
ATTEST:
/s/ Barbara Montgomery