Chapter 19.5
HISTORIC DISTRICTS¹

Art. I. In General, §§ 19.5-1 – 19.5-10

Art. II. General Historic District Regulations; Lewiston West End Historic District, §§ 19.5-11 – 19.5-28

ARTICLE I. IN GENERAL

The city council of the city of Lewiston, Idaho, hereby finds and declares that the preservation of the historical, architectural and cultural heritage of the city is an important public purpose. The city council further finds that the protection, preservation and enhancement of buildings, structures, districts and neighborhoods of historical, architectural, and cultural significance, located within the city of Lewiston, will be of cultural, economic and aesthetic benefit to the city and its inhabitants. The purpose of this article is to:

(1) Designate, preserve, protect, enhance and perpetuate the historic buildings, structures, districts and neighborhoods which contribute to the cultural and aesthetic benefit of Lewiston.

(2) Foster civic pride in the beauty and accomplishments of the past.

(3) Stabilize and improve the economic value of certain historic buildings, structures, districts and neighborhoods.

(4) Promote and encourage continued private ownership and utilization of such buildings and other structures now so owned and used, consistent with the objectives listed above. (Ord. No. 3329, § 1, 9-13-76)

As used in this article:

To administer said district and any other sites, areas or districts hereinafter designated as, or attached to, historic districts within the city of Lewiston, and to carry out the duties imposed by Chapter 47, Title 67, Idaho Code, there is hereby created a historic preservation commission for the city of Lewiston, to be known as the Lewiston historic preservation commission, which commission shall consist of nine (9) members, appointed by the mayor with the consent of the city council. Said commission shall be deemed a continuation of the historic commission created by passage of Resolution 75-70 of the Lewiston city council on September 22, 1975, and the terms of the commissioners appointed pursuant to said resolution shall expire at the time set forth therein. Members of the commission shall, to the extent practicable, include persons with backgrounds or interests in the fields of history, architecture, urban planning, archaeology, and law, or any of the foregoing, and property owners or representatives of property owners and of the general public. They shall serve without compensation, but the city council may provide for reimbursement of actual expenses. (Ord. No. 3329, § 4, 9-13-76; Ord. No. 4056, § 1, 11-23-92)

In addition to the powers set forth in Chapter 46, Title 67, Idaho Code, the commission shall have the following powers:

(1) To designate one of its members as chairman and to appoint a secretary, who need not be a member of the commission, and to designate a temporary chairman or temporary secretary from time to time.

(2) To hold regular and special meetings at such times and places, within the city of Lewiston as it shall designate; in the absence of rules of procedure, Robert’s Rules of Order shall apply for the conduct of the meetings.

(3) To receive and act upon applications for certificates of appropriateness, to call witnesses, to conduct public hearings, to make findings of fact, recommendations and determinations, on its own initiative or at the request of the city council, to reduce the same to writing, and to transmit the same to the Lewiston city council as appropriate. (Ord. No. 3329, § 5, 9-13-76; Ord. No. 4056, § 2, 11-23-92)

No building permit, variance, conditional use or zone change or other permit for purposes of constructing or altering structures within the district shall be issued by the city until a certificate of appropriateness has been issued for such construction or alteration by the commission. (Ord. No. 3329, § 7, 9-13-76; Ord. No. 4056, § 4, 11-23-92)

No variance, conditional use or change in zoning classification for any property within the district shall be granted until a certificate of appropriateness for such variance, conditional use, or change in zoning classification has been issued by the commission. (Ord. No. 3329, § 8, 9-13-76)

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior feature within the 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 which the building official shall certify is required by the public safety because of unsafe or dangerous conditions. (Ord. No. 3329, § 9, 9-13-76)

The commission shall not consider interior arrangement and shall take no action under this article except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or indoor, illuminated readerboards visible from outside the structure or natural features in the district which would be incongruous with the historical, architectural, archaeological or cultural aspects of the district. (Ord. No. 3329, § 10, 9-13-76; Ord. No. 4056, § 5, 11-23-92)

The following review procedures shall govern the issuance of certificates of appropriateness required by Idaho Code, Section 67-4608, within the historic district.

(1) Procedure for the review of applications within the historic district. Application for a certificate of appropriateness to authorize construction, reconstruction, alteration or maintenance which involves an exterior color change or repair that affects the external appearance, including signs, or any public or private structure or appurtenance or part thereof within the district, shall be made to the commission. Applications shall be submitted to the commission at least twenty (20) working days prior to the regularly scheduled historic preservation meeting. The applicant may be required to post a public notice of the proposed application at least eight (8) days prior to the scheduled meeting. The requirement for posting of the property will be at the discretion of city staff upon the review of the application.

(2) Procedures to be followed by the Lewiston Historic Preservation Commission. Prior to the preparation of workable drawings and specifications or calling for proposals or bids from contractors, prospective property developers, owners, agents may be required to prepare or architects and other interested parties are encouraged to present drawings or specifications to the commission at the earliest possible stage of proposed development. Preliminary scale drawings and outline specifications, including color sample for outside work, for review and informal discussion with the commission shall be submitted. The purpose of this review shall be to acquaint the developer, owner or agent with the standards of appropriateness of design that are required of his proposed development.

(3) Data required. Applicants must submit the following data with the application, if so required by the commission.

a. Drawings required for alterations and/ or additions to existing structures or for new construction. The commission may, in its discretion, require every application or review involving:

(1) Alterations or additions to existing structures in the district; or

(2) The erection of any new structure within the district

to be accompanied by drawings of the proposed alterations, additions or changes, and of new construction of buildings or property use. As used herein, “drawings” shall mean plans and exterior eye-level perspectives drawn to scale with sufficient detail to show, as far as they relate to exterior appearances, the architectural design of buildings, including proposed materials, textures and colors, including samples of materials or color samples, and the plot plan or site layout, including all improvements affecting appearances, such as walls, walks, terraces, plantings, accessory buildings, signs, lights and other elements. Such documents may be required to be filed with the commission chairman for commission review.

b. Photographs required with application for the demolition of existing structures. In the case of application for the demolition of structures within the district, the applicant shall submit clear photographs of all sides of the building under consideration and photographs showing contiguous properties facing on both sides of the same block or square.

c. Photographs required with application for repair, alterations and/or additions to existing structures. In the case of application to repair, alter or make additions to a structure within the district, the application shall be accompanied by clear photographs of all sides of the structure facing on both sides of the same block or square.

d. Photographs required with application for new construction. In the case of application to construct a new building situated within the district, the application shall be accompanied by clear photographs of the adjoining properties, facing on both sides of the same block or square.

(4) Commission meetings. The commission shall hold regular monthly meetings to review applications for certificate of appropriateness received by the commission. All meetings of the commission shall be held pursuant to the Idaho Open Meeting Act. Where the commission deems it necessary or appropriate, it may hold a public hearing upon the application. At least one notice of such hearing shall be published in the official newspaper of the city at least five (5) days prior to the public hearing, and written notice of the public hearing shall be mailed to all owners or contract purchasers of property within the district. Verbatim recordings or transcripts of commission proceeding shall not be required, but the commission shall cause accurate minutes of all proceedings to be kept. Minutes shall set forth the considerations and the decisions made on an application. All such minutes shall be kept in the community development department office for the period of time required by law, and shall be available at all reasonable times for inspection by the public.

(5) Approval of certificate. If the commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness, signed by the chairman. The chairman shall also indicate commission approval upon all prints or other documents submitted to the commission.

(6) Disapproval. If the commission determines that a certificate of appropriateness should not be issued, it shall cause its findings and reasons for such determination to be placed upon its records, and shall forthwith notify the applicant of such determination, furnishing him with an attested copy of its reasons therefor and its recommendations. The applicant may modify his application to render it acceptable to the commission and shall have the right to resubmit the application after so doing.

(7) Time limitations. A failure of the commission to approve or disapprove such application following the second regular commission meeting after its receipt, unless otherwise mutually agreed by the applicant and the commission, shall be deemed to constitute approval of the application without regard to the lack of issuance of a certificate of appropriateness.

(8) Hardship. The commission may approve an application in any case where the applicant would suffer extreme hardship, or where the public health, safety or welfare would be adversely affected, unless a certificate of appropriateness is issued forthwith.

(9) Appeal. Any applicant, or any owner or contract purchaser of property within the district, who is dissatisfied by a determination of the commission, may appeal such determination to the city council within fifteen (15) days after the date of the decision by the commission. Appeals shall be made and conducted in the manner provided for appeals from decisions of the planning and zoning commission, and the city council shall have the authority to affirm, reverse or modify any decision, or to remand it to the commission for further proceedings. (Ord. No. 3329, § 11, 9-13-76; Ord. No. 4056, § 6, 11-23-92)

In reviewing applications for certificates of appropriateness within the district, the commission shall observe the following standards:

(1) In reviewing an application for reconstruction, alteration, maintenance or repair involving a color change, or affecting the external appearance of any building or structure or part thereof which is within the district, or any appurtenance related thereto, including, but not limited to, stone walls, fences, light fixtures, steps, paving and signs, the commission shall issue a certificate of appropriateness only if it is satisfied that the historical and architectural character of the building, structure or appurtenance will be properly preserved or restored. It is not the intent of this article to recreate a specific time period.

(2) For the moving of a structure within the district, or for the reconstruction, alteration or maintenance that involves a color change or repair affecting the external appearance of any existing building, structure or appurtenance or part thereof, a determination shall be made as to whether the building or structure, in terms of form, proportion, mass, configuration, building materials, texture, color and the location on the lot of the building or land use, is compatible with other buildings in the district and with squares and places to which it may be visually related.

(3) In considering applications for certificates of appropriateness the commission shall consider any or all of the following factors:

a. Height. As a general rule, new buildings, or modifications to existing buildings, should be to a height not to exceed the height of existing structures in the district.

b. Proportion of buildings’ front facades. Consideration shall be given to the relationship between the width to height of the front elevation of the building.

c. Proportion of openings within the facility. Consideration shall be given to the relationship of width to height of windows and doors.

d. Rhythm of solids to voids in front facades. Consideration shall be given to an ordered recurrent alteration of strong and weak architectural elements so as to ensure appropriate rhythm of mass to openings.

e. Rhythm of spacing of buildings on streets. Consideration shall be given to a rhythm of recurrent building masses to spaces between buildings or structures.

f. Rhythm of entrance and/or porch projections. Consideration shall be given to entrances to sidewalks so as to provide a rhythm of entrances or porch or other projections.

g. Relationship of materials. Consideration shall be given to the predominant material utilized, such as brick, stone, stucco, wood siding or other material and its relationship to other adjacent structures.

h. Relationship of textures. Consideration shall be given to the predominant textures which may be smooth, such as smooth stucco, or rough, such as brick with tooled joints or horizontal wood siding or other textures.

i. Relationship of color. Consideration shall be given to colors compatible with surrounding structures that may be of a natural material or a patina colored by time, in so far as the mass and details such as trim are concerned.

j. Relationship of architectural details. Consideration shall be given to architectural details and their relationship to the structure in question and adjacent ones, including, but not limited to, cornices, lintels, arches, quoins, balustrades, iron work and chimneys.

k. Relationship of roof shapes. Consideration shall be given so that buildings shall have compatible roof shapes such as gable, mansard, hip, flat roofs, gambrel or other kinds of roof shapes.

l. Walls of continuity. Consideration shall be given to physical ingredients such as brick walls, wrought iron fences, evergreen landscape masses, building facades or combinations of these so that continuous cohesive walls of enclosure are provided along the street.

m. Relationship of landscaping. Consideration shall be given to the predominance of quality and quantity of landscaping. Emphasis shall be on the amounts and continuity of landscaping.

n. Scale. Consideration shall be given to scale so that the size of units of construction and architectural detail relate to the size of man. Consideration shall also be given to building mass and how it relates to open space. The predominant element of scale may be brick or stone units, windows or door openings, porches and balconies, etc.

o. Directional expression of front elevations. Consideration shall be given to structural shape, placing of openings, and architectural detail which may provide a predominantly vertical, horizontal or nondirectional character to the building’s front facades.

The following standards shall govern signs, and the issuance of permits for the placement of signs, within the district:

(1) General. The following standards shall apply to every area within the authority of the commission, including any new districts hereafter created by the city council.

(2) Definitions.

a. Area, or surface area, of sign: That area enclosed by one rectangle, the sides of which make contact with the extreme points or edges of the sign, excluding any supporting structure which does not form part of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle which encloses the whole group.

b. Building line: A line beyond which no building may extend, as established by ordinance.

c. Location: A lot, premises, building, wall or any place whatsoever upon which a sign is located.

d. Marquee: A canopy or covering structure projecting from and attached to a building, including awnings or other structures covered with translucent or opaque material.

e. Person: Any individual, corporation, association, firm, partnership and the like, singular or plural.

f. Projection: The distance by which a sign extends over public property or beyond the building line.

g. Roof line: Either the edge thereof or the top of the parapet, whichever forms the top line of the building silhouette and, where a building has several roof levels, the roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

h. Sign: Any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever out of doors for recognized advertising purposes, specifically including billboards. However, this shall not include any official court or public notices nor the flag, emblem or insignia of a government, school or religious group when displayed for official purposes.

Other than as otherwise defined herein, interior signs, if located on a window or within a distance equal to the greatest dimension of the window and if obviously intended for viewing from the exterior, shall be considered the same as for an exterior sign.

i. Sign, illuminated: Any sign which radiates light by transmission and which is visible from any public property or right-of-way.

j. Sign, identity: Any sign which carries only the name of the firm, the major enterprise or the principal product offered for sale on the premises, or a combination of these.

k. Sign, projecting: A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

l. Sign, roof: A sign located on or above the roof of any building.

m. Sign, temporary: A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be displayed for a limited period of time, which time shall be for no longer than six (6) calendar months in any one calendar year.

n. Sign, wall – flat: One affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building, and which projects from that surface less than twelve (12) inches at all points.

o. Vehicles: Automobiles, trucks, trailers, railroad cars, construction equipment, and other such mobile equipment whose major purpose is other than the display of advertising.

p. Billboard: Any sign upon which more than twenty-five (25) percent of the contents consists of information not related to the identity of the premises, name of the firm, major enterprise or the principal product offered for sale on the premises, or a combination of these.

(3) Standards:

All buildings and structures located within the district shall be maintained to the same standards as are required elsewhere in the city by the housing code, building code or other applicable ordinances. (Ord. No. 3329, § 14, 9-13-76; Ord. No. 4056, § 9, 11-23-92)

Cross reference – Building code, § 10-1 et seq.

Any possible violation(s) of this article brought to the attention of the commission at a regular meeting by a member of the commission, city staff or members of the general public may be referred by action of the commission to the city staff for review or action as may be determined in the discretion of the commission. A willful violation of any provision of this article shall be a misdemeanor. (Ord. No. 3329, § 15, 9-13-7; Ord. No. 4056, § 9, 11-23-92)

Any violation of this article which continues for longer than forty-eight (48) hours shall be deemed to be a public nuisance, abatable in the manner provided by law. (Ord. No. 3329, § 16, 9-13-76)

Should any word, phrase, sentence, section or portion of this article for any reason be held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed severable from and independent of the remainder of this article, and such partial invalidity shall not affect the validity of the remaining portions thereof. (Ord. No. 3329, § 17, 9-13-76)

This article shall take effect and be in force from and after its passage, approval and publication. (Ord. No. 3329, § 18, 9-13-76)

Footnotes