Idaho County Ordinance #35
An ordinance for the County of Idaho, State of Idaho to be known as “the HISTORIC preservation code” providing definitions; providing for the establishment of the historic preservation commission; providing for duties and funding for the said commission; providing that the ordinance shall be in full force and effective from and after its passage, approval, and publication according to law.
Whereas, chapter 46 of title 67 of the Idaho code empowers counties to make provisions for the identification and preservation of her store excites; and,
Whereas, the county commissioners of Idaho County deemed it in the best interest of the country to establish and historic preservation ordinance;
Now therefore, be ordained by the Chairman and members of Idaho County commissioners that a new chapter be, and the same hereby is, and acted to be designated as a historical preservation code of the ordinances of the County of Idaho, which are read as followed:
Section I: purpose:
The purpose of this ordinance is to promote educational, cultural, economic and general welfare of the public of the County of Idaho for identification, evaluation, designation, and protection of those buildings, sites, areas, structures and objects or reflect significant elements of the city’s the states and in nations distort, agricultural, archaeological, and cultural heritage.
Section II: Definitions:
The following words and phrases when using this ordinance shall have, unless the context clearly indicates otherwise, the following meanings:
County: The County of Idaho
Commission: The historical preservation commission of the County of Idaho
Historic property: any building, structure, their side that is significant in the history, architecture, archaeology or culture of the community, the state, or the nation.
Historic preservation: the research, documentation, protection, the restoration and rehabilitation of buildings, structures, objects s, districts, areas, and sites significant in the history, architecture, archaeology or culture of this state, its communities or the nation.
SECTION III: Historic Preservation Commission:
(1) There is hereby created and stored preservation committee which shall consist of five members who shall be appointed by the commissioners.
(2) All members of the commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The Commissioner shall endeavor to appoint at least two (2) members were professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines.
(3) Its initial appointments to the commission shall be made as follows: one (1) one-year term; two (2) two-year terms. All subsequent appointments shall be made for three (3) year terms. Commission members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments in the appointee shall serve for the remainder of the unexpired term.
(4) The members of the commission may be reimbursed by the historical society were expenses incurred in connection with their duties.
Section IV: Organization, officers, rules, meetings:
(1) The commission shall have the power to make whatever rules are necessary for the execution of its duties set forth in this ordinance. Rules of procedure and bylaws adopted by the commission shall be available for public inspection.
(2) The commission shall elect officers from among the commission members. The chairperson shall preside at meetings of the commission. The vice chairperson shall, lacking the chairperson, perform duties of the chairperson.
(3) 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 his resolutions, proceedings, and actions.
(4) The commission may recommend to the commissioners, with the limits of its funding the employment of or the contracting with other parties was services of technical experts or other persons as it deems necessary to carry on the functions of the commission.
SECTION V: POWERS, DUTIES, AND RESPONSIBILITIES:
The commission shall be advisory to the commissioners and shall be authorized to:
(1) Conduct a survey of local historic properties.
(2) Recommend acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, the bequest, or donation.
(3) Recommend methods and procedures necessary to preserve, restore, maintain and operate historical properties out of the ownership or control of the country.
(4) Recommend the lease, sale, other transfer of disposition or a historic of property subject to the rights of public access and other covenants and in a manner that will preserve the property.
(5) Contract, with the approval of the commissioners, but the state or federal government or any agency of either, or with any other organization.
(6) Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.
(7) Make recommendations in the planning process undertaken by the county, the city, the state, or the federal government and agencies of those entities.
(8) Recommend ordinances or otherwise provide information for the purposes of historic preservation in the country.
(9) Promote and conduct an educational and interpretive program on historic preservation and historic properties in the country.
(10) Commission members, employees or agents of the commission may enter private property, buildings, or structures in the performance of its official duties only express consent of the owner or occupant thereof.
(11) Review nominations of properties to the national register of historic places for property within the countries jurisdiction.
SECTION VI: SPECIAL RESTRICTIONS:
Under the provisions of the Idaho code 67-4612, the County of Idaho may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties.
SECTION VII: effective date:
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law:
Passed and approve this 14th day of April, 1997.
County of Idaho, a municipal corporation of the State of Idaho.
By: George Enneking
ATTESTED: Rose E. Gehring