The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the public of the McCall Area, through the identification, evaluation, designation and protection of those buildings, sites, areas, structures and objects which reflect significant elements of the City's, the region's, the State's and the nation's historic architectural, archaeological and cultural heritage. (Ord. 989, 4-23-2020)

   (A)   There shall be a Historic Preservation Commission which shall consist of five (5) members who shall be appointed by the Mayor with the advice and consent of the Council.

   (B)   All members of the Commission shall have a demonstrated interest, competence or knowledge in history or historic preservation. The Mayor and Council shall endeavor to appoint members with due regard to the proper representation of such fields as history, architecture, urban planning, archaeology and law.

   (C)   Initially, two (2) members shall be appointed for a term of one (1) year, two (2) members shall be appointed for a term of three (3) years. The fifth and all subsequent appointments shall be made for three (3) year terms. Commission members may be reappointed. Vacancies shall be filled in the same manner as original appointments, and the appointee shall serve for the remainder of the unexpired term.

   (D)   The members of the Commission shall serve without pay, but shall be reimbursed by the City for necessary expenses incurred in connection with their duties if and when prior written authority in accord with prior appropriations has been obtained from the City Manager. (Ord. 989, 4-23-2020)

   (A)   The Historic Preservation Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Chapter. Rules of procedure and bylaws adopted by the Commission shall be available for public inspection.

   (B)   The Commission shall elect officers from among the Commission members. The chairperson shall preside at meetings. The vice chairperson shall, in the absence of the chairperson, perform the duties of the chairperson.

   (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 Council, within the limits of its funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessary to carry on the functions of the Commission. (Ord. 989, 4-23-2020)

The Historic Preservation 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 of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests 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 the lease, sale, other transfer or disposition of historic properties subject to the rights of public access and other covenants and in a manner that will preserve the property.

   (E)   Contract, with the approval of the Council, 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 in the planning processes undertaken by the County, the City, the State or the Federal government and the agencies of these entities.

   (H)   Recommend ordinances and otherwise provide information for the purposes of historic preservation in the McCall Area

   (I)   Promote and conduct an educational and interpretive program on historic preservation and historic properties in the McCall Area.

   (J)   Members, employees or agents of the Commission may enter private property, buildings or structures in the performance of its official duties only with the express consent of the owner or occupant thereof.

   (K)   Review nominations of properties to the National Register of Historic Places for properties within the McCall Area jurisdiction.

   (L)   Act as the Building Conservation Advisory and Appeals Board under section 207 of the Uniform Code for Building Conservation. As such the Commission shall adopt reasonable rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. Copies of all rules of procedure adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public. Any applicant aggrieved by a determination of the Commission may appeal to the Council, and an appeal from the Council may be taken to a court of competent jurisdiction. Make recommendations to the Administrator on the exemption of nonconforming historically significant structures from the limitations on repairs and maintenance pursuant to this Title 3. (Ord. 989, 4-23-2020)

Historical districts shall be designated by ordinance and in accordance with the following requirements:

   (A)   The buildings, structures, features, sites, objects and surroundings of an historical district shall meet one (1) or more of the following four (4) criteria:

      1.   Historical, Cultural Or Educational:

         a.   Has significant character, interest, or value, as part of the development, heritage or cultural characteristics of the City, County, 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, educational or historic heritage of the community; or

      2.   Architectural, Engineering Importance:

         a.   Portrays the environment in an era of history characterized by a distinctive architectural style; or

         b.   Embodies those distinguishing characteristics of an architectural type or engineering specimen; or

         c.   Is the work of a designer whose individual work has significantly influenced the development of McCall; or

         d.   Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

      3.   Geographical Importance:

         a.   By 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; or

         b.   Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or McCall Area; or

      4.   Archaeological Importance:

         a.   Has yielded or may be likely to yield, information important in pre-history or history.

   (B)   The Historic Preservation Commission, either on its own initiative, or upon the request of the City Council or County Commission, or upon the request of one (1) or more owners of property residing in the area of a proposed historical district, may recommend the designation of one (1) or more historical districts. Prior to recommending designation the Historic Preservation Commission shall conduct studies, research and investigations based on the relevant criteria given in subsection A of this Section regarding buildings, structures, features, sites, objects and surroundings of such proposed historical district or districts. Thereafter, the Commission shall prepare a report containing recommendations concerning the area or areas to be included in the proposed historical district or districts.

   (C)   Copies of the report shall be transmitted for review and recommendation to the Planning and Zoning Commission, and within sixty (60) days after the date of transmittal of such report to the Planning and Zoning Commission, the Historic Preservation Commission shall hold a public hearing thereon. Notice of the time, place and purpose of such hearing shall be given as provided in Chapter 15 of this Title and by postage prepaid, given to the owners as shown in the property tax records of all properties to be included in the district or districts.

   (D)   After such hearing, the Historic Preservation Commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the City Council and County Commission.

   (E)   The City Council shall act upon the report and recommendation in accordance with the provisions of Title 3, Chapter 32 of this Title. (Ord. 989, 4-23-2020)

Historic properties or historic landmarks shall be designated by ordinance and in accordance with the following requirements:

   (A)   The building, structure, feature, site or object proposed for such designation shall meet one (1) or more of the criteria required in subsection 3.20.100A of this Chapter. 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.

   (B)   The Historic Preservation Commission, either on its own initiative, or upon the request of the City Council or County Commission, or upon the request of the owner of the property proposed to be designated, may recommend the designation of an historic property or historic landmark. Prior to recommending the designation, the Historic Preservation Commission shall conduct studies, research and investigations based on the relevant criteria given in subsection 3.20.100A of this Chapter. The Commission shall informally notify representative owners of specific properties of the Commission's intent to explore designation of those properties as an historical landmark, and invite such property 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. Thereafter, the Commission shall prepare a report containing recommendations concerning the property proposed to be designated and draft of a proposed ordinance to the City Council or County Commission. The report of the Commission shall include comments regarding the suitability of the property for preservation or restoration. In case there is a question of an adaptive or alternative use of the property, the report shall include a statement regarding the appropriateness of such 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.

   (C)   For each designated historic property or landmark, an ordinance shall require the waiting period prescribed by subsection 3.20.100B of this Section 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.

   (D)   The City Council or County Commission 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 Chapter 15 of this Title.

   (E)   Following such public hearing, the Council or County Commission may act on the ordinance.

   (F)   The Clerk shall give notice of such designation to the Tax Assessor of Valley County, Idaho. (Ord. 989, 4-23-2020)

Nothing 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. (Ord. 989, 4-23-2020)

All lands, buildings, structures, sites, or areas acquired by funds appropriated by the City, shall be acquired in the name of the City and such historic properties or landmarks shall be maintained by or under the supervision and control of the City; nothing herein shall be read to preclude leasing such property for use in accord with historic preservation. (Ord. 989, 4-23-2020)

The City or County Commission may acquire, by purchase or donation, historic easements in any area within the jurisdiction of the McCall Area wherever and to the extent the Council determines that the acquisition will be in the public interest. (Ord. 989, 4-23-2020)

In addition to all other transmittals and notices required by this Chapter, the Historic Preservation Commission shall notify the departments of the City and other agencies regarding the designation or removal of designation of historical district, properties, and landmarks and shall maintain a register of such districts, properties and landmarks.

   (A)   After the designation by ordinance of any historical district, property or landmark, the Commission shall notify all departments of the City and other governmental agencies having a regulatory or legally prescribed duty affecting such district, property or landmark. The notice shall state the fact of such designation, identify the boundary of the district, or the address of the property or landmark, and shall summarize the effect such designation will have.

   (B)   The Commission shall maintain a current register and map of all historical districts, properties and landmarks which have been designated by ordinance. Such register and map shall be made public and available to the City departments, other governmental agencies and any interested person. (Ord. 989, 4-23-2020)

   (A)   The City Council or County Commission, upon the recommendation of the Historic Preservation Commission, may amend the boundary of a designated historical district or rescind the designation of an historical district, historic property or historic landmark. All amendments or rescission of historic designations shall be by ordinance.

   (B)   If, in the judgment of the Historic Preservation Commission, when any building, structure, feature, site or object included within a designated historical district, or any building, structure or site designated as an historic property or historic landmark, has ceased to comply with the designation criteria or no longer exhibits the characteristics which qualified the property for inclusion within an historical district or for designation as an historic property or landmark, such property or properties may be recommended for exclusion from the boundary of such district, or if the district, as a whole, no longer complies with such criteria, it may be recommended for rescission of its historic designation, or such property or landmark may be recommended for rescission of its historic designation.

   (C)   The procedure of the Commission with respect to a recommendation for amendment of rescission of historic designation shall be affected in the same manner as required for the original designation as prescribed in Sections 3.20.100 and 3.20.110 of this Chapter.

   (D)   Within five (5) days after the removal of designation by ordinance of any historical district, property or landmark, the Commission shall notify all departments of McCall City and other governmental agencies having a regulatory or legally prescribed duty affecting such district, property or landmark. The notice shall state the fact of such removal of designation, the effective date thereof and shall identify the boundary or such district of the address of the property or landmark.(Ord. 989, 4-23-2020)

   (A)   Purpose: The purpose of this section is to:

      1.   Further the purposes of the Comprehensive Plan and this Chapter to preserve historic buildings which are important to the architectural, historical and neighborhood significance of the City; and

      2.   Afford the City, interested persons, historical societies or organizations the opportunity to acquire or to arrange for preservation of such structures.

   (B)   Prior to demolishing or removing a structure designated as an historic property or landmark pursuant to Section 3.20.110 of this Chapter, a four (4) month notice of the proposed demolition shall be given before a permit to demolish or remove the structure is issued.

      1.   The owner of the affected structure shall provide a notice published in a newspaper of general local circulation at least two (2) times prior to demolition or removal.

      2.   The first notice shall be published no later than fifteen (15) days after the application for a permit for demolition or removal is filed and the final notice shall be published approximately fifteen (15) days prior to the date of demolition or removal.

   (C)   Negotiation To Avoid Demolition: During this four (4) month period, the staff and/or the Historic Preservation Commission may negotiate with the owner of the property and with any other parties in an effort to find a means of preserving the property. Such negotiations may include relocation to a new site, or inducements to interested third parties to purchase the property for the purpose of preserving it. (Ord. 989, 4-23-2020)

In order to promote the preservation and restoration of historic resources, the City Council or County Commission, in order to promote the preservation and restoration of any historic properties, landmarks or property within an historical district, may upon the recommendation of the Commission, exempt an historic property, landmark, or property within an historical district from the application of the City Fire or Buildings Codes. Such exemption shall be based upon the recommendation of the Historic Preservation Commission, upon compliance with the criteria for exemption set forth in said Building Codes and upon a finding that non-exemption would prevent or seriously hinder the preservation or restoration of said historic property, landmark, or property in an historical district. Upon rescission of an historic designation, any approved code exemption herein granted shall be revoked effective the date of rescission. (Ord. 989, 4-23-2020)

The rules, regulations and ordinances of a general and permanent character contained in the provisions of the Uniform Code for Building Conservation International Existing Building Code; as adopted and amended by Section 2-1-070 of the City Code, shall govern the change of occupancy and alteration or repair of existing buildings and structures at and within the City. Copies of the Uniform Code for Building Conservation are now on file in the Office of the Clerk for inspection, and it shall be unlawful to change occupancy or alter or repair existing buildings or structures in violation without complying with the same. (Ord. 989, 4-23-2020)

   (A)   Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and shall be punished as provided in Section 5-2-020 of the City Code.

   (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. 989, 4-23-2020)