In addition to all other transmittals and notices required by this chapter, 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 (5) 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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 one hundred fifty (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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

   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 1 .

   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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

   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 8-9-5 of this chapter 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 forty five (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 three hundred feet (300') 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 8-9-6 of this chapter. 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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 complete 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

In reviewing applications for permits for new construction or demolition for buildings, 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

   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 subsection 8-9-4B of this chapter.

   C.   Within fifteen (15) days following completion of such hearing, the commission shall recommend that the application be approved or 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

Nothing in this chapter 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

The council, in order to promote the preservation and restoration of historic properties within the city, may exempt a historic property, landmark or structure within a historic district from the application of such standards contained in the city health or 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. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

   A.   If, in the judgment of the commission, 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 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 sections 2-7-6 and 2-7-8 of this code. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

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 a historic district. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)

   A.   Any person who violates any provision of this chapter shall be guilty of a misdemeanor which shall be punishable as provided in section 1-4-1 of this code. (Ord. 697, 5-14-2013)

   B.   For the purpose of this chapter, each day during which there exists any violation of any provision herein will constitute a separate violation. (Ord. 157, 10-24-1989; amd. Ord. 391, 5-8-2001)