HomeMy Public PortalAboutResolution 27-95 Relating to Historic Preservation Repealing MCC 8-11RESOLUTION NO. � 95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO,
APPROVING A SUMMARY OF ORDINANCE Zza,
WHEREAS the Idaho Code permits publication of ordinances by publication of a summary of
the ordinance; and Ordinance 686 is extremely lengthy,
BE IT RESOLVED by the Mayor and Council of the City of McCall that:
Section 1. The attached summary of Ordinance 686 is approved and shall be published in lieu
of publication of the Ordinance.
Passed and approved November 21, 1995
Dean A. Martens
Mayor
ATTE
James H. Henderson,
City Clerk
RESOLUTION APPROVING SUMMARY OF ORDINANCE _
A SUMMARY OF ORDINANCE 686
ORDINANCE NO. 686 is AN ORDINANCE OF THE CITY OF McCALL,
IDAHO, RELATING TO HISTORIC PRESERVATION; REPEALING MCC 8-11
AND RE-ENACTING IT AS AMENDED AS MCC 2-4; AND PROVIDING AN
Eli ECTIVE DATE.
Section 1 of the Ordinance amends McCall City Code, Title 8, Chapter 11,
respecting Historic Preservation by repealing and re-enacting the same, as
amended, as Title 2, Building Regulations, Chapter 4, Historic Preservation,
which provides as set out below:
Section 2-4-010 sets out the PURPOSE of the Chapter to promote the educational,
cultural, economic and general welfare of the public of the City of McCall, Idaho, through
the identification, evaluation, designation and protection of those buildings, sites, areas,
structures and objects which reflect significant elements of the City's, the State's and the
nation's historic architectural, archaeological and cultural heritage.
Section 2-4-020 provides DEFINITIONS of the terms used in the ordinance, namely
CITY, COMMISSION, CONTRIBUTING (to historical values),
DEMOLITION, EXTERIOR FEATURES, HISTORIC EASEMENT,
HISTORICAL LANDMARK, HISTORIC PRESERVATION,
HISTORIC PROPERTY, HISTORICAL DISTRICT HISTORICAL
DISTRICT - RESIDENTIAL, INTRUSION,
NONCONTRIBUTING (to historical values), PERSON, PERSON
IN CHARGE
Section 2-4-030 provides for the HISTORIC PRESERVATION COMMISSION of 5 members who
have a demonstrated interest, competence or knowledge in history or historic preservation,
appointed with due regard to the proper representation of such fields as history,
architecture, urban planning, archaeology and law; provides for terms of office, and that
members serve without pay, and for payment of expenses as budgeted.
Section 2-4-040 provides for ORGANIZATION, OFFICERS, RULES, and
MEETINGS of the Commission, for rules necessary for the execution of its duties to be
available for public inspection, the election of officers, that meetings are to be public, for
the keeping of minutes and records of proceedings, and within the limits of its funding for
the services of technical experts it deems necessary.
Section 2-4-050 provides for POWERS, DUTIES AND RESPONSIBILITIES:
The Commission is to be advisory to the Council; to identify and review local historic
properties;
to recommend the acquisition of interests in historic properties by purchase, bequests or
donation, the methods and procedures necessary to preserve, restore, maintain and operate
historic properties under the ownership or control of the City, and the lease, sale, other
transfer or disposition of historic properties subject to the rights of public access and in a
manner that will preserve the property; and ordinances; and otherwise provide information
for the purposes of historic preservation in the City;
SUMMARY OF ORDINANCE NO.686 page 1 of5
to contract, with the approval of the Council, with the State or Federal government or any
agency of either, or with any other organization; to cooperate with the Federal, State and
local governments in the pursuance of the objectives of historic preservation; to make
recommendations in the planning processes undertaken by the County, the City, the State
or the Federal government and the agencies of these entities;
to promote and conduct an educational and interpretive program; to enter private property,
buildings, or structures in the performance of its official duties only with the express
consent of the owner or occupant thereof; to review nominations of properties to the
National Register of Historic Places for properties within the City's jurisdiction; and
to act as the building conservation advisory and appeals board under Section 207 of the
Uniform Code for Building Conservation; to adopt reasonable and public rules of
procedure for conducting its business; and to render all decisions and findings in writing.
Any applicant aggrieved by a determination of the Commission may appeal to the Council,
and from the Council to District Court.
Section 2-4-100 provides for the DESIGNATION OF HISTORICAL
DISTRICTS, INCLUDING HISTORICAL DISTRICTS - RESIDENTIAL.
Subsection A provides that such Distrcts are to be designated by ordinance if Council so
chooses and the buildings, structures, features, sites, objects and surroundings of an
historical district meet one or more of the following 4 criteria:
an Historical, Cultural or Educational criterium having to do with 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 is the site
of an historic event with a significant effect upon society; or exemplifies the cultural,
political, economic, social, educational or historic heritage of the community;
an Architectural, Engineering Importance criterium having to do with portraying the
environment in an era of history characterized by a distinctive architectural style;
embodying those distinguishing characteristics of an architectural type or engineering
specimen; being the work of a designer whose individual work has significantly influenced
the development of McCall; or contains elements of design, detail, materials or
craftsmanship which represent a significant innovation;
a Geographical Importance criterium, having to do with 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; owing to its unique location or singular
physical characteristic, represents an established and familiar visual feature of the
neighborhood, community or City; and/or
an Archaeological Importance criterium, that the property has yielded or may be likely to
yield, information important in pre -history or history.
Subsection B provides that the Commission, either on its own initiative, or upon the
request of the City Council, or upon the request of owners of the property may recommend
the designation of one or more historical districts after conducting studies, research and
investigations based on the above criteria regarding buildings, structures, features, sites,
objects and surroundings of such proposed historical district or districts; and after
preparing a report containing recommendations concerning the area or areas to be included
in the proposed historical district or districts.
Subsection C provides that the report is to be given to the Planning & Zoning Commission
for review and recommendation, and within 60 days the Historic Preservation Commission
shall hold a public hearing after notice of hearing as provided for zoning matters and also
by mail to the owners as shown in the property tax records of all properties to be included
in the district or districts.
SUMMARY OF ORDINANCE NO.686 page 2 of5
Subsection D provides that after such public hearing, the Historic Preservation
Commission shall submit a final report with its recommendations to the City Council.
Subsection E provides that the City Council shall act upon the report and recommendation
in accordance with the provisions of MCC 3-32.
Section 2-4-110 provides for DESIGNATION OF HISTORIC PROPERTY OR
HISTORIC LANDMARKS by ordinance and in accordance with the following
requirements:
Subsection A provides that the item proposed for such designation shall meet one or more of
the four criteria required above. 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.
Subsection B provides that 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, may recommend the
designation of an historic property or historic landmark after conducting studies, research and
investigations based on the above criteria; and after informally notifying representative owners
of specific properties of the Commission's intent to explore designation of those properties as
an historical landmark, and after inviting such owners to provide views and information about
the property; any inadequacy, real or perceived, in the identification of such representative
owners shall not affect the validity of subsequent action. The Commission report containing
recommendations concerning the property proposed to be designated and a draft of a proposed
ordinance are to be sent to the City Council. The report shall include comments regarding the
suitability of the property for preservation or restoration, and a statement regarding the
appropriateness of any 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.
Subsection C provides that for each designated historic property or landmark, an ordinance
shall require the waiting period prescribed by MCC 2-4-100 B to be observed prior to its
demolition, material alteration, remodeling or removal. The Ordinance shall also provide
guidelines for a suitable sign or marker on or near the property or landmark indicating that
the property has been so designated.
Subsection D provides that the City Council shall hold a public hearing on the proposed
ordinance, after written notice to the owners and occupants of the property and the
publication of such notice in the time and manner required for zoning matters.
Subsection E provides that following such public hearing, the Council may act on the
ordinance. Subsection F provides that the Clerk shall give notice of any such designation to
the Tax Assessor.
Section 2-4-120 relates to ORDINARY REPAIRS and PUBLIC SAFETY and
provides that othing in this Chapter shall be construed to prevent the ordinary maintenance
or repair of any exterior feature of any building or structure in an historical district, or of
any historic property or landmark which does not involve a change in design, material,
color or outer appearance thereof, nor to prevent the construction reconstruction, alteration,
restoration or demolition of any such feature of a structure, building or landmark when the
Building Official shall certify such is required for the public safety because of an unsafe or
dangerous condition.
Section 2-4-130 relates to ACQUISITION OF PROPERTY and provides that property acquired
by funds appropriated by the City shall be acquired in the name of the City, be maintained
SUMMARY OF ORDINANCE NO.686 page 3 of5
by or under the City; and that nothing shall be read to preclude leasing such property for
use in accord with historic preservation.
Section 2-4-140 relates to ACQUISITION OF HISTORIC EASEMENTS by the City.
Section 2-4-150 relates to NOTICE OF CITY DEPARTMENTS AND OTHER AGENCIES;
REGISTER OF HISTORICAL DISTRICTS, PROPERTIES AND LANDMARKS and provides that
the Commission shall notify the departments of the City and other agencies regarding the
designation or removal of designation of historical properties. It provides that the
Commission shall maintain current records of all historical districts, properties and
landmarks which have been designated by ordinance, and make the records public and
available to the City departments, other governmental agencies and any interested person.
Section 2-4-160 relates to AMENDMENT OR RECISION OF HISTORIC DESIGNATION ON
RECOMMENDATION OF COMMISSION. It provides for amendment of boundaries of historic
districts, and designation or rescinding of designation of an historical district, historic
property or historic landmark by ordinance, and for procedures; and for notice.
Section 2-4-200 provides for EXEMPTION FROM FIRE OR BUILDING CODES, upon the
recommendation of the Commission, and upon compliance with the criteria for exemption
set forth in the codes and upon a finding that non -exemption would prevent or seriously
hinder preservation or restoration; it also provides that any code exemption granted shall be
revoked if a building ceases to be designated historic.
Section 2-4-210 relates to adoption of the "Uniform Code for Building Conservation' and
provides that it shall govern the change of occupancy and alteration or repair of existing
buildings and structures at and within the City.
Section 2-4-300 provides PENALTIES for any person who violates any provision of this
Chapter as a misdemeanor, and makes each day of a violation a separate offense.
Section 2 of the Ordinance amends Title 1 of the McCall City Code, relating to General
Provisions by adding thereto the following to become of general applicability and to avoid
any need to insert the same into every chapter or title:
Section 1-1-6 provides for SEPARABILITY, that is, that if any portion of the McCall City
Code is for any reason held invalid or unconstitutional, such holding shall not affect the
validity of the remaining provisions of this Code, and that the City Manager and City
Attorney shall prepare conforming amendments for consideration by Council and any
relevant advisory bodies.
Section 3 of the Ordinance amends the list of standard codes for building safety in McCall
City Code 2-1-070, relating to the adoption of standard codes for building safety to addthe
Uniform Code for Building Conservation', 1994 edition, Chapters 1, 2, 3, 4, 5, 6, and 7,
without appendices, published by the International Conference of Building Officials.
Section 4 of the Ordinance amends McCall City Code 2-1-080, relating to exceptions to
standard codes adopted for building safety, adding that Section 202, Chapter 2, of the
Uniform Code for Building Conservation is amended by deleting the word "improve," and
that Section 405.1.1 of such Code is deleted entirely.
Section S of the Ordinance provides that this Ordinance shall be in full force and effect
from and after its passage, approval and publication as required by law.
SUMMARY OF ORDINANCE NO.686 page 4 of5
STATEMENT OF CITY ATTORNEY
The above summary of Ordinance
the public.
Dated: November 16, 1995
is true and complete and provides adequate notice to
Edward G. Burton,
City Attorney
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