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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. 0 0 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. • • (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, _ � 1 -t + ■ ■ N16. Z - - M-- 1 7 a 1 , -� 4 M3 a Y jr IL 1 ■ 1 r � , ■ 1 �Id r � 1 Q � 11 1 ,� 1 _ _ ' , ' ■ 1 ■ � + L l u � ri � F 1 ■ ' 1 y6L nM ' 4 y ' ii } 1 _ _ � . _ 115 • 1 i ',+ ' � 1 W Ir - - 'Y 1 ■ 1 ■ 1 _ 1 1 1 �■ ,A 1 • r . I Y ' R ' II ' 1 �1 •. IN ■ ■ 1 M - ` I f J * I ■ IF ' 1 M ■ 1 1 1 1 I 1_ 1 ■ 1 , - 1 1■ 1 - � - _ R J6 0 1i15 0 1 6 - . 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