11-01-01: Title And Authority
1. Title: This Code shall be known as the "Boise Development Code" and is referred to in this document as "this Code."
2. Authority For Code: This Code is adopted under the authority for Local Land Use Planning established in Title 67, Chapter 65, of the Idaho State Statutes; Plats and Vacations established in Title 50, Chapter 13 and Preservation of Historic Sites established in Title 67, Chapter 46.
11-01-02: Prior Rights And Permits
1. The enactment of this Code shall not terminate or otherwise affect rights, variances, and permits acquired or authorized under prior Code.
2. Where a building permit and a zoning certificate have been issued for the construction of a building or structure, and for an authorized use and occupancy thereof, in accordance with the law prior to [the effective date of this Code], the building or structure may be completed in conformance with the approved plans and on the basis for which the building permit and zoning certificate had been issued, provided construction of the building or structure is commenced within 60 days of the effective date of the building permit and diligently pursued to completion.
3. Detailed conditional use applications based upon concept plans approved prior to the effective date of this revised Code shall be subject to the terms and conditions of this revised Code. Upon showing an undue hardship, an applicant may be allowed by the Planning and Zoning Commission to process such detailed conditional use applications under the terms and conditions of the previous Code.
To promote the public health, safety, and general welfare of present and future residents, and to bring about coordinated and efficient development that encourages affordable and fair housing stimulates economic opportunity, and promotes diverse, inclusive communities with a variety of housing choices for residents.
1. Uniform Applicability:
A. Except as otherwise provided in this Code, land, buildings, and premises in any district shall be used only in accordance with the regulations established for the base zoning district.
B. No property shall be allowed to maintain an attractive or public nuisance as defined by this Code at any time.
2. Public Services Excepted: This Code shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation, or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all federal, state, county, and city regulations:
A. Public street or highway.
B. Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves, or any other similar distributing and transmitting equipment for telephone or other communications; electric power, gas, water, and sewer lines, provided that the installation shall conform when applicable with the rules and regulations of any federal or state commissions and agencies, or any other authorities having jurisdiction and subject to other city ordinance provisions, rules, and regulations; except that poles, towers, or similar installations of a height of 70 feet or greater are subject to the standards in Section 11-06-04.5, Utility Uses. Electrical substations are considered a major utility facility and are subject to the requirements of this Code.
C. Railroad right-of-way, excluding yards and stations.
D. Incidental appurtenances to any of the above.
11-01-05: Relationship To Other Laws
1. Other Laws:
A. All of the provisions of this Code shall be liberally construed in favor of the governing body and shall not be deemed to limit or repeal any other powers granted under state statutes. Where this Code imposes greater restrictions than that imposed by other law or by private restrictions, this Code shall prevail.
B. The stricter provisions of the Boise Air Terminal regulations, Central District Health, and other regulating ordinances or codes shall apply in the enforcement of this Code.
2. Private Restrictions: This Code is not intended to impair or interfere with other regulations of private restrictions on the use of land improvements and structures. The provisions of this Code shall be in addition to, and shall not be deemed to repeal, abrogate, or impair any other ordinance, regulation, easement, covenant, or deed restriction. Where this Code imposes greater restrictions than that imposed by private restrictions, this Code shall prevail.
3. Most Restrictive Regulations Govern: Wherever the regulations made under the authority of this Code require a greater width or size of yards or courts, are more restrictive as to height of building or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose standards which are more restrictive than are required by any other City ordinance or regulation, the provisions of this Code shall govern. Wherever the provisions of any other City ordinance or regulation require a greater width or size of yards or courts, or are more restrictive as to the height of buildings or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other standards which are more restrictive than are required by the regulations contained herein, the provisions of such ordinance or regulation shall govern.
Each section, clause, and provision of this Code is declared severable. If a court of competent jurisdiction declares that any section, clause, or provision of this Code is invalid, the same shall not affect the validity of the remainder of this Code as a whole, or any other part of this Code, or the application of the provisions to other persons or circumstances, and the remainder shall continue in full force and effect.
11-01-07: Area Of City Impact
1. Annexation Area: Boise City shall limit its annexation to those lands within its Area of City Impact. If Boise City wishes to annex lands outside of its Area of City Impact, it shall renegotiate its Area of City Impact Boundary with Ada County in accord with Idaho Code 67-6526(d) unless renegotiation is not required pursuant to Idaho Code 50-222, Annexation by Cities, Category A.
2. Area Of City Impact Boundary Map: The Area of City Impact is the area designated on the Boise City Area of City Impact Boundary Map as amended, incorporated in this Code by reference. Copies are available for inspection at the Boise City Planning and Development Services Department.
3. Applicable Plan Policies And Ordinances:
A. The adopted Comprehensive Plan, including the Comprehensive Park and Recreation System Plan, shall apply within the unincorporated part of the Boise Area of City Impact.
B. The Ada County Code, Title 8, The Zoning Ordinance, shall be used to implement the Boise City Comprehensive Plan within the Area of City Impact. All land use applications shall also comply with the provisions of this chapter.
C. The Boise City Uniform Street and Address Number Ordinance shall apply to all property within the Area of Impact. Street names and addresses shall be assigned by Boise City. Existing street names and addresses in the Area of Impact, not in compliance with the Boise City Uniform Street and Address Number Ordinance at the time this section goes into effect, shall not be changed until address changes are necessary for address continuity.
D. The Title 9, Chapter 2, Boise City Code, Boise City Impact Fee Ordinance, shall be applicable within the Area of City Impact in accordance with the AGREEMENT FOR THE COLLECTION OF BOISE CITY PARK IMPACT FEES FOR DEVELOPMENT IN THE BOISE CITY AREA OF CITY IMPACT. Development of parks by Boise City within the Area of Impact shall be subject to the provisions of the agreement, adopted by Boise City and Ada County and made a part of this Code by this reference.
4. Coordination Of Plan Amendments, Ordinance Amendments, And Zoning Applications:
A. At least 30 days prior to a Planning and Zoning Commission hearing all County and City amendments to their respective Comprehensive Plans and zoning ordinances which apply within the Boise City Area of City Impact shall be sent by the entity considering such amendment to the other entity. The City shall send all zoning ordinance amendments to the County.
B. At least 30 days prior to any public hearing, all County applications for subdivisions, rezones, and conditional use permits within the Boise City Area of City Impact shall be sent to Boise City. Written comments and recommendations shall be sent to Ada County no later than 24 days after the referral is received. The City Council may direct that the Boise City Planning Commission or staff review and comment on such applications.
C. Applications for subdivisions and rezones within the Boise Area of Impact shall occur as a result of a request for annexation to Boise City; however, Ada County may consider such applications in those exceptions where annexation is not approved by Boise City or where the parcel on which such application is filed is not contiguous to Boise City and therefore cannot be annexed.
D. The Title 9, Chapter 2, Boise City Code, Boise City Impact Fee Ordinance , shall be applicable within the Boise City Area of City Impact in accordance with the AGREEMENT FOR THE COLLECTION OF BOISE CITY PARK IMPACT FEES FOR DEVELOPMENT IN THE BOISE CITY AREA OF CITY IMPACT.
E. Development of parks by Boise City within the Boise City Area of City Impact shall be subject to the provisions of the AGREEMENT FOR THE COLLECTION OF BOISE CITY PARK IMPACT FEES FOR DEVELOPMENT IN THE BOISE CITY AREA OF CITY IMPACT which is hereby adopted by Boise City and Ada County and made a part hereof by this reference.
A. In accordance with Idaho Code 67-6526(d), the Boise City Council or the Board of Ada County Commissioners may request to renegotiate any provision of this section. Within 30 days of receipt of such written requests by each part, a meeting between the two jurisdictions shall occur.
B. While renegotiation is occurring, the provisions of this section shall remain in effect until this chapter is amended or a substitute ordinance is adopted by Boise City and Ada County, in accordance with the notice and hearing procedures provided in Ada County and Idaho Codes, or until a declaratory judgment from the District Court is final. However, this section or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution.
1. Violation: Any violation of the provisions of this Code or any conditions of approval required under an issued permit or certificate, or any work in excess of the authority granted by the issuance of a permit, shall constitute a misdemeanor. A separate offense occurs for each day during which a violation is committed, continued, or permitted.
2. Permits Shall Conform: A permit or business license issued in conflict with the provisions of this Code shall be null and void.
3. Minimal Property Maintenance:
A. Purpose: To help prevent urban blight by establishing minimal property maintenance standards.
B. General: Damaged, dilapidated, or unfinished buildings shall be restored or finished to eliminate detrimental visual impacts. A property owner shall take steps to restore or finish the building per approved plans. No building or premise shall detrimentally impact the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment, or unfinished construction.
C. Restoration Of A Damaged Or Dilapidated Building Or Completion Of An Unfinished Building: Restoration of a damaged or dilapidated building or work toward completion of an unfinished building shall begin within six months of the building becoming damaged or dilapidated or being deemed unfinished. The City may require that such buildings that are also unoccupied be secured (fenced or boarded up) during the six-month period. This deadline may be extended by the Director upon submission of documentation of insurance settlement delays or similar complications beyond the owner's control. Restoration of a damaged or dilapidated building or work on an unfinished building shall be completed within one year from commencement.
D. Due Process Hearing: The City shall advertise and conduct a public hearing as to why the building has not been restored or completed when:
(1) It has not been maintained at a minimal property maintenance standard for six months; or
(2) Efforts to restore or finish the building have not been completed within one year after restoration or construction work has begun.
E. Notice: At least 15 days prior to the date of the public hearing, notice shall be sent via certified mail to the property owner and by first class mail to residents and property owners within 300 feet of the property, and a public notice of the hearing shall be advertised in the official newspaper of the City.
F. Required Findings:
(1) Removal or restoration of the building shall be ordered if the following findings are made:
(a) The building meets the definition of a damaged or dilapidated building, or of an unfinished building;
(b) The building has existed in a damaged or dilapidated or unfinished state for a period of at least six months or has not been maintained at the minimal property standards for a period of six months; and
(c) The property owner has previously received written notice as required in E, above.
(2) If removal or restoration is ordered, the City shall obtain bids to restore the building or clear the site of the offending building.
(3) The fact that a building is not a danger or attractive visual nuisance shall not be a defense for failing to restore or finish it.
G. Restoration And Demolition:
(1) Fund: The City shall establish a revolving fund to be designated for building restoration and demolition pursuant to this Code. Payments shall be made out of this fund upon the demand of the Director to defray the costs and expenses associated with restoration or demolition.
(2) Recovery Of Cost Of Restoration Or Demolition: The property owner shall be billed for the costs of restoration or demolition. If the property owner does not respond within 60 days, then the city may recover costs of the abatement in a civil action or by filing an assessment with the Ada County Recorder on or before the first day of August of the year. Assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent per annum, or the current interest rate if higher, from and after said date. All money recovered from the sale of the property at a foreclosure sale shall be returned to the restoration and demolition fund.
4. Inspection And Enforcement:
A. The Director shall maintain an enforcement program to abate nuisances as defined in this Code and to provide assistance in the prosecution of violations.
B. The Director of Building Division shall enforce the provisions of this Code pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location, or razing of a building or structure.
5. Remedies And Penalties: Any violation or noncompliance with the provisions of this Code shall be subject to all of the remedies, penalties, and enforcement available under Title 1, Chapter 4, of the Boise City Code and Title 67, Chapter 65, of the Idaho Code, including but not limited to criminal misdemeanor and civil injunction action.
A. Revocation Of Permits And Certificates: The Director or a review body shall have the authority to revoke any permit or zoning certificate that has been granted under this Code when it has been determined that the structure or use authorized by the permit has been constructed or is being maintained in violation of this Code or of the conditions and limitations of an issued permit or zoning certificate. In order to revoke the permit or certificate, the Director shall follow the following procedures:
(1) A notice of intent to revoke a permit shall be sent to the holder of the permit, or to one of his representatives; or, if this is not possible, the notice shall be posted in a conspicuous position at the entrance to the premises and by the certified mailing of another copy of the notice to the last known address of the permit holder.
(2) The permit shall be revoked within 15 days of the posting of the notice of intent to revoke unless the cause of the violation has been removed and evidence of the same has been present to the Director within that period.
(3) Any action of permit revocation may be appealed to the Planning and Zoning Commission by filing a written notice of such appeal with the Director within ten days after the revocation of the permit.
B. Abatement: The City may abate any nuisance in violation of the Boise City Code.
(1) Following a determination by the Director that a nuisance as defined in this Code is being maintained, notice shall be given to the owner or owner's representative either in person or by certified mail to abate the nuisance or violation within a time specified in the notice.
(2) If the owner or owner's representative fails to comply with the requirements of the notice within the period specified, the Director may take action including abatement or cleanup.
(3) The City may recover the cost of abatement or cleanup as allowed under Idaho State Code 50-1008 as a lien upon the property or as a City tax for costs incurred in the abatement or cleanup.
(4) Proceeding under this Code will not preclude the City from proceeding under other sections of the Boise City Code or under any other applicable provisions of state or federal statutes.
C. Assurance of Discontinuance: As an additional means of enforcing this Code, the Director may accept an "Assurance of Discontinuance" of an act or practice deemed in violation of this Code or any rule or regulation adopted pursuant to this Code from a person engaging in, or who has engaged in such act or practice. The assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of the assurance shall constitute prima facie proof of a violation for the purpose of securing injunctive relief from a court of competent jurisdiction.