67-4601. PURPOSE. Whereas the legislature of this state has determined that the historical, archeological, architectural and cultural heritage of the state is among the most important environmental assets of the state and furthermore that the rapid social and economic development of contemporary society threatens to destroy the remaining vestiges of this heritage, it is hereby […]
67-4602. DEFINITIONS. As used in this act: a. "Historic property" shall mean any building, structure, area or site that is significant in the history, architecture, archeology or culture of this state, its communities or the nation. b. "Historic preservation" shall mean the research, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites […]
67-4603. PRESERVATION COMMISSIONS AUTHORIZED — MEMBERS — APPOINTMENT — TERM — STAFF. The governing body of any county or city is hereby authorized to establish a historic preservation commission hereinafter referred to as "the commission," to preserve, promote, and develop the historical resources of such county or city in accordance with the provisions of this […]
67-4604. POWERS AND DUTIES OF COMMISSIONS. Any county or city historic preservation commission established pursuant to this act shall be authorized to: a. Conduct a survey of local historic properties. b. Acquire fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest or donation, but shall not be authorized to […]
67-4605. FUNDING OF OPERATIONS. (1) For the purpose of providing funds for a historic preservation commission the governing body of any city which has established such a commission may: (a) Provide funds to the commission from current revenues; (b) Receive and expend moneys from any other sources; or (c) Use any combination of paragraphs (a) […]
67-4606. ACQUISITION OF PROPERTY. (1) All lands, buildings, structures, sites or areas acquired by funds appropriated by a county or city shall be acquired in the name of the county or city unless otherwise provided by the governing board. So long as owned by the county or city, historic properties may be maintained by or […]
67-4607. HISTORIC DISTRICTS. A county or city may establish by ordinance one (1) or more historic districts within the area of its jurisdiction. No historic district or districts shall be designated until the following requirements are met: a. The local historic preservation commission appointed by the governing body of the county or city shall make […]
67-4608. CERTIFICATE OF APPROPRIATENESS. Except as provided in section 67-4607 d., Idaho Code, after the designation of a historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features) nor aboveground utility structure nor any type of outdoor advertising sign shall be erected, […]
67-4609. CHANGE IN USE. No change in the use of any structure of property within a designated historic district shall be permitted until after an application for a certificate of appropriateness has been submitted to and approved by the historic preservation commission. The county or city shall require such a certificate to be issued by […]
67-4610. NOTICE TO OWNER — APPEAL. Prior to issuance or denial of a certificate of appropriateness the commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. […]
67-4611. ORDINARY REPAIRS — SAFETY. Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district 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 […]
67-4612. SPECIAL RESTRICTIONS. In addition to any power or authority of a county or city to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality is empowered to provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of […]
67-4613. HISTORIC EASEMENTS. Any county or city may acquire, by purchase, or donation, historic easements in any area within their respective jurisdictions wherever and to the extent that the governing body of the county or city determines that the acquisition will be in the public interest. For the purpose of this section, "historic easement" means […]
67-4614. DESIGNATION AS HISTORIC PROPERTY. The local governing body of any county or city may adopt an ordinance designating one (1) or more historic properties on the following criteria: historical, architectural, archeological and cultural significance; suitability for preservation or restoration; educational value; cost of acquisition, restoration, maintenance, operation or repair; possibilities for adaptive or alternative […]
67-4615. PROCEDURE FOR DESIGNATION. No ordinance designating a historic property pursuant to section 67-4614, Idaho Code, may be adopted until the following procedural steps have been taken: a. The local historic preservation commission shall make an investigation and report on the historical, architectural, archeological or cultural significance of the property in question. b. The local […]
67-4616. CHANGE IN USE OF HISTORIC PROPERTY. (1) A historic property designated by ordinance as herein provided may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred eighty (180) days’ written notice of the owner’s proposed action has been given to the local historic preservation commission. During this […]
67-4617. PENALTIES. The governing body of any county or city may enact an ordinance to prevent the deterioration by willful neglect of any designated historic property or any property within an established historic district. Any property owner violating an ordinance established pursuant to this section shall be guilty of a misdemeanor punishable by a fine […]
67-4618. EXEMPTION FROM HEALTH OR BUILDING CODES. The governing body of any county or city, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt a historic property from the application of such standards contained in the county or city health or building codes, or both, as the governing […]
67-4619. TRANSFER OF DEVELOPMENT RIGHTS. Any county or city governing body may establish procedures authorizing owners of designated historic properties to transfer development rights in such amounts and subject to such conditions as the governing body shall determine. For the purposes of this section, "development rights" are the rights granted under applicable local law respecting […]
