HomeMy WebLinkAboutORD 2436BILL NO. 32
ORDINANCE NO. 2436
AN ORDINANCE TO AMEND CHAPTER 10 ARTICLE 1 OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL COUNTY OF CANYON, STATE OF IDAHO, REGARDING: THE
ADDITION OF PARAGRAPH "C" TO SUBSECTION 10 -01 -04 (3) TO BE KNOWN AS THE
STEUNENBERG RESIDENTIAL HISTORIC DISTRICT OVERLAY ZONE, AS WELL AS
AMENDING CHAPTER 10 ARTICLE 2 BY ADDING A NEW SUBSECTION "12" TO BE
ENTITLED "STEUNENBERG RESIDENTIAL HISTORIC DISTRICT." REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of
Idaho:
Section 1: That Article 1, Section 10 -01 -04 shall be amended by adding certain language as
follows:
10- 01 -04: REGULATIONS FOR OVERLAY DISTRICTS:
(3) C. Steunenberg Residential Historic District: The Steunenberg Residential
Historic District is established as a special area overlay zone to protect its history, architecture,
ecology and scenic attributes that are threatened by social and economic pressures that
manifest through land use changes. These pressures may contribute to the demise of these
attributes if left unchecked. To allay land use conflicts that may arise in this historic district due
to these pressures, all land use actions occurring there, requiring a Community Development or
Building Department permit are subject to a design review process conducted by the Caldwell
Historic Preservation Commission. The Commission will review the proposal through a process
outlined in Section 7 of this ordinance with the intent of issuing the applicant a certificate of
appropriateness, provided the proposal satisfies the historic district standards.
Section 2: That Article 2, Chapter 10 be amended by the addition of certain language as
follows:
10- 02 -12: STEUNENBERG RESIDENTIAL HISTORIC DISTRICT:
(1) Purpose of the Steunenberg Residential Historic District Designation:
A historic designation is a means to recognize the Steunenberg Residential Historic
District as a community asset that has historical, architectural, ecological, and scenic
attributes worthy of protection and preservation. This Section codifies and promulgates
the provisions contained in Caldwell City Code Chapter 2, Article 17 (as amended by Bill
No. 18 Ordinance No. 2422) pertaining to the Caldwell Historic Preservation
Commission. This section is also intended to promote the Caldwell Historic Preservation
Commission goals.
The Caldwell Historic Preservation Commission and the City of Caldwell have
determined that The Caldwell Historic Preservation Commission goals include:
A. Preserve and enhance the environmental quality of the district.
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B. Encourage harmony and compatibility in the planning of new building and
development in keeping with the District's historic character.
C. Direct the economic and social forces at work in the district so that they do not impair
its historical, architectural, ecological or scenic attributes.
D. Strengthen the City's economic base by stimulating the concepts of conservation and
reuse.
E. Showcase Caldwell through the care and custody of this historic area.
(2) Legal Basis for creation of a historic district — Idaho State Code: The legislature of the
State of Idaho (pursuant to Chapter 46, Title 67, Idaho Code) has declared the
engagement in a comprehensive program of historic preservation to be public policy and
in the public interest for all levels of government in this state. Municipal Code of the City
of Caldwell, Article 17, provides the governing structure for the creation of historic
districts and is applied to the Steunenberg Residential Historic District as of the date of
passage of this ordinance (Bill 32, Ordinance 2436).
(3) Steunenberg Residential Historic District Boundaries and Map: A map is attached
(Exhibit A) that provides a pictorial representation of the district to complement the
following legal description: Beginning at the point of intersection of the centerline of S.
12 Ave. and E. Cleveland Blvd; thence northeasterly along said centerline of S. 12"
Ave. to a point 160' northeasterly of the centerline of Blaine St; thence southeasterly
along a line parallel with and 160' northeasterly of said centerline of Blaine St. to the
centerline of S. 20'' Ave; thence southwesterly along said centerline of S. 20 Ave. to a
point 120' southwesterly of the centerline of Fillmore St; thence northwesterly along a
line parallel with and 120' southwesterly of said centerline of Fillmore St. to the
centerline of S. 16 Ave; thence northeasterly along said centerline of S. 16 Ave. to a
point 160' southwesterly of the centerline of Everett St; thence northwesterly along a line
parallel with and 160' southwesterly of said centerline of Everett St. to the centerline of
said S. 12` Ave; thence northeasterly along said centerline of 12 Ave. to a point 160'
northeasterly of the centerline of Dearborn St; thence southeasterly along a line parallel
with and 160' northeasterly of said centerline of Dearborn St. to the centerline of S. 13
Ave; thence northeasterly along said centerline of S 13' Ave. to the centerline of said E.
Cleveland Blvd; thence northwesterly along said centerline of E. Cleveland Blvd. to the
POINT OF BEGINNING.
(4) Exclusion of Manufactured Homes from Historic Districts:
It is the intent of this ordinance to prohibit the siting of manufactured homes within the
boundaries of the Steunenberg Residential Historic District. Idaho Code provides that
manufactured homes may be excluded from lands falling in an area defined as a historic
district see Idaho Code, Sections, 67- 6509A, 67 -4607 and 39- 4105(13).
(5) Manufactured Home Definition: A dwelling unit that is not constructed in accordance with
the standards set forth in the Uniform Building Code for single- family dwellings but is
composed of one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis.
Recreational vehicles shall not be considered to be manufactured homes and shall not
be permitted as a permanent dwelling. Manufactured housing units are classified Class
A. B, and C. The manufactured home prohibition shall extend to all of its classes. These
classes are further defined in Caldwell Zoning Ordinance 1451, Section 10- 03 -11.
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(B) Certificate of Appropriateness: In order to preserve the integrity of historic buildings and
structures in the historic district, and to ensure that any demolition, building, home
occupation, special use, subdivision, planned unit development, change in use,
temporary use, signs or other land use development or redevelopment pursuits
occurring there are compatible with the spirit and intent of the historic district, the
applicant will need to secure a certificate of appropriateness prior to engaging in land
use activities that may effect the district's historical, architectural, ecological or scenic
attributes. Accordingly, no exterior portion or feature of any building, site, structure or
object within the district shall be demolished or altered, no new construction shall be
undertaken, and no outdoor sign shall be erected without a Certificate of
Appropriateness. The certificate is issued by the Historic Preservation Commission prior
to the Community Development or Building Department processing permits.
(7) Procedure for acquiring a Certificate of Appropriateness:
A. A person seeking a Community Development or Building Department permit for
performing a land use activity within the Steunenberg Residential Historic District
relating to any of the following: demolition, building, home occupation, special use,
subdivision, planned unit development, change of use, temporary use, signs and
other land use development or redevelopment pursuits, must first apply for a
certificate of appropriateness. The Community Development Staff shall assist the
applicant in this effort.
B. City Staff will inform the applicant of the date, time and location of the next Caldwell
Historic Preservation Commission meeting.
C. Prepare City permit paperwork associated with the land use activity.
D. Submit paperwork to the Historic Preservation Commission so they can review the
information.
E. Meet with Caldwell Historic Preservation Commission so that they can assess the
project and share information about the district standards.
F. After receiving the Certificate of Appropriateness, return to the Community
Development or Building Department with certificate for completion of permit
application.
G. Appeal process for denial of Certificate of Appropriateness: Obtain appeal and fee
schedule from the Community Development Department. Appeals are made to the
Caldwell Mayor and City Council.
(8) Gateway Streets
Arterial roadways that serve as Caldwell's Public Face — these streets are intended to
introduce visitors to the City Of Caldwell in such a fashion as to put the City's best
appearance forward. Cleveland and Blaine are Gateway Streets that extend through the
Steunenberg Residential Historic District. Development occurring on Gateway Streets
will be subject to a design committee review process outlined in the Caldwell Landscape
and Tree Ordinance.
(9) Standards
The Caldwell Historic Preservation Commission will evaluate land use proposals based
on the ten (10) federal standards outlined in the Secretary of the Interior's Standards for
the Rehabilitation of Historic Properties excluding paint color. These standards include:
A. A property will be used as it was historically or be given a new use that requires
minimal changes to its distinctive materials, features, spaces, and spatial
relationships.
B. The historic character of a property shall be retained and preserved. The removal of
distinctive materials or alterations of features, spaces, and spatial relationships that
characterize a property shall be avoided.
C. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or elements from other historic properties, shall not be
undertaken.
D. Changes to a property that have acquired historic significance in their own right will
be retained and preserved.
E. Distinctive materials, features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
F. Deteriorated historic features will be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
material shall match the old in design, texture, and, where possible, materials.
Replacement of missing features shall be substantiated by documentary and
physical evidence.
G. Chemical or physical treatments, if appropriate, shall be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials shall
not be used.
H. Archeological resources shall be protected and preserved in place. If such resources
must be disturbed, mitigation measures shall be undertaken.
I. New additions, exterior alterations, or related new construction shall not destroy
historic materials, features, and spatial relationships that characterize the property.
The new work shall be different from the old and shall be compatible with the historic
materials, features, size, scale and proportion, and massing to protect the integrity of
the property and its environment.
J. New additions and adjacent or related new construction shall be undertaken in such
a manner that, if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
(10) Constitutionality or Invalidity
If any Section, subsection, clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity of the remaining portions of this ordinance, and each section, subsection,
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EXHIBIT A