Chapter 3

Review And Decision Procedures

11-03-01: Purpose


This chapter describes procedures for review of applications for development.

11-03-02: Summary Table


Table 11-03.1: Summary Table of Decision Responsibilities
R = Recommendation, D = Decision, A = Appeal

NOTE: Exceptions to these general rules apply. Subsequent sections of this chapter contain details on each procedure.
Procedure Description Director HE* DRC HPC PZC Council
CODE AMENDMENT, DEVELOPMENT AGREEMENT & REZONE
Code Text Amendment Generally, except as indicated below R D
To establish a design district R R D
Development Agreement R D
Rezone Generally, except as indicated below R
If in "H" or "HD" overlay
R D
Split-zoned substandard parcel of record To allow less restrictive zone to apply to entire parcel if more than 50% D A A
SUBDIVISION
Major Subdivision Plat R R D
Minor Land Division D A A
DEVELOPMENT PERMITS & ZONING CERTIFICATE
Conditional Use Permit Generally, except as indicated below D A
Child care, drive-through, and parking reduction D D A
Expansion <20% D A A
Exception, General (including height) D A
Exception, Special R R D
Planned Unit Development: Two or fewer acres D D A
Planned Unit Development: More than two acres D A
Nonconforming Use Initial approval D A A
Expansion <20% D A A
Expansion >20% D A
Sign Permit or Sign Program D A A
Temporary Use Permit D A A
Zoning Certificate and Administrative Review D A A
Boise River System Permit D D A
Floodplain Development Permit D A A
Hillside
Category 1 D A A
Category 2 D A A
Category 3 D A
Certificate of Appropriateness D A A
DESIGN REVIEW
Major Projects D A A
Minor Projects D A A A
MODIFICATION
Modification (not including HPC) Minor D A A
Minor, Design Review D A A A
Major, Generally D A
Major, Design Review D A A
OTHER PROCEDURES
Annexation R D
Comprehensive Plan Amendment R D
Variance Minor D A A
Major D A
NOTES
Director = Planning Director, HE = Hearing Examiner, DRC = Design Review Committee, HPC = Historic Preservation Commission, PZC = Planning and Zoning Commission, Council = City Council

11-03-03: Procedures


This section describes procedures for processing and reviewing applications for development.

1. Step 1: Pre-Application Meeting: A pre-application meeting with the Director is required for subdivisions over 40 lots, conditional use permits, annexations, variances, special exceptions, rezones, and land use map amendments.

A. Timing: A pre-application meeting shall be held not more than six months prior to the submission of an application and shall occur prior to notification or the holding of a neighborhood meeting.

B. Verification: A pre-application meeting verification form shall be submitted with the application.

C. Waiver: The Director may waive this step for projects that are not complex and have little potential to substantially impact neighboring properties.


2. Step 2: Neighborhood Meeting: The applicant shall hold a meeting allowing the public to review the proposed project only after a pre-application meeting has been held. A second meeting may be required by the Director if the application could have the potential to create measurable impacts including, but not limited to increased traffic or environmental concerns. The second meeting may occur before or after application submission but shall follow the noticing procedures of 11-03-03.4.

A. Timing And Location: A neighborhood meeting shall be held not more than six months nor less than 12 days prior to submission of the application, within two miles of the project site, Monday through Thursday, excluding holidays, and start between 6:00 P.M. and 8:00 P.M.

B. Notification: Notice shall be sent or delivered to residents and property owners within 300 feet of the site and to the registered neighborhood association. For variance applications, only adjacent (including across streets and alleys) residents and property owners need be notified. Mailed notices shall be postmarked at least ten days prior to the meeting. Hand-deliveries shall be allowed for variance applications only and must also be delivered at least ten days prior to the meeting.

C. Waiver: The Director may waive this step for projects that are not complex and have little potential to substantially impact neighborhood properties.


3. Step 3: Application Submittal: Applications shall be submitted on a prescribed form, accompanied by the appropriate filing.

A. Application Requirements: Application requirements shall be indicated on forms available in the Planning Division. Additional submittal requirements necessary to evaluate the application may be required, as determined by the Director.

B. Application Fees: The Director shall maintain a list of fees as established by the Council.

C. Conceptual Approval: Conceptual approval may be requested for planned development conditional use permits. A concept approval signifies that a general development plan including the general arrangement of uses, density, location of major streets, open spaces, utilities, etc. is acceptable. The effect is support for a general development plan without preparation of building plans. It provides the developer and the city with guidelines for the design of each phase of a project.

(1) When indicated in Section 11-03-04, Specific Procedures, an application may be submitted and processed as a conceptual approval.

(2) Submittal requirements are the same, except that detailed building plans are not required. Supporting information may be required for concept applications as determined by the Director.

(3) After concept approval, detailed approval is required through a new application, fee, and public hearing except concept approvals specifically authorized by the PZC may proceed to design review without a detailed approval. Otherwise development or building permits may not be issued on the basis of a conceptual approval without a detailed approval.

D. Application Resubmittal: Except as indicated in Section 11-03-04, no application that has been denied shall be resubmitted in substantially the same form - as determined by the Director - in less than one year unless approved to do so by the reviewing body.


4. Step 4: Notice:

A. Application Referrals: Applications requiring public hearings shall be referred to all political subdivisions providing services to the site, including school districts, and registered neighborhood associations for review and comment. Application referrals to the registered neighborhood association shall be in addition to, and not in lieu of, mailed public hearing notice.

B. Published Notice: At least 15 days prior to the hearing, notice of the time and place and a description of the proposal shall be published in the official newspaper of Boise City. A notice shall also be provided to other newspapers, radio, and television stations servicing the city for use as a public service announcement.

C. Mailed Notice: Notice shall be mailed to the applicant and to property owners, purchasers of record, residents, and registered neighborhood associations:

(1) Within the subject property;

(2) Within the following distances from the external boundaries of the subject property:

(a) For Boise River System permits, 500 feet upstream and 1,000 feet downstream from the project site;

(b) For comprehensive plan land use map amendments, rezones, special exceptions, subdivisions five acres or greater, and conditional use permits and planned unit developments greater than one acre or on a gateway street, 500 feet;

(c) For a height exception exceeding 100 feet, a distance that is three times the proposed height;

(d) For variances, adjacent properties;

(e) For all other applications, 300 feet.

(3) Any additional area that may be impacted by the proposed change as determined by the Director when:

(a)The application could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts occurring outside the minimum notice area;

(b)The public interest would be better served by expanding the notification area.

D. Posted Notice: Notice shall be posted in a conspicuous place on the premises not less than 15 days prior to the hearing. The applicant shall be responsible for the timely posting of all sites and for the documentation of such postings, including appeals. The Director may require larger sized posting(s) or multiple notice(s) for applications that could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts.

(1) Size:

(a) All notice(s) shall be a minimum of 11"x17" in size, unless otherwise required.

(b) Notice(s) 4'x4' in size shall be required for: comprehensive plan land use map amendments, rezones, annexations, special exceptions, subdivisions five acres or greater, and conditional use permits and planned unit developments greater than one acre or on a gateway street.

(2) Content: The notice(s) shall utilize the template provided by the City.

(3) Material:

(a) Notice(s) 11"x17" in size shall be in bright colored, laminated paper, or other similar material mounted to a rigid surface of equal size and attached to a Director approved support.

(b) Notice(s) 4'x4' in size shall consist of plywood or other hard surface mounted on two 4"x4" posts, or attached to another Director approved support.

(4) Placement & Quantity:

(a) The notice(s) shall be posted perpendicularly along each roadway, excluding Interstate 84, adjacent to the subject property boundaries. The base of the notice shall be at least three feet above the ground.

(b) If the property has roadway frontage of 1,000 feet or more, a notice shall be placed at each end of the property roadway frontage.

(c) Notice(s) shall be located in the front yard on the property, with the notice oriented to oncoming traffic, outside of public right-of-way.

(d) If the notice(s) cannot be placed on the property and still be clearly visible, the notice(s) may be placed within the right-of-way if the applicant can obtain the consent of the owner of the right-of-way.

(5) Proof of Posting: Ten days prior to the public hearing, the applicant shall submit to the City a notarized statement and photograph of the posting attesting to where and when the notice(s) were posted. Unless the statement is received by such date, the hearing will be deferred.

(6) Removal: The notice(s) shall be removed no later than three days after the public hearing for which the notice(s) was posted.

E. Alternate Forms Of Notice: When mailed notice is required for 200 or more property owners, purchaser of record, or residents, an alternative form of notice may be provided as follows:

(1) In lieu of mailed notices, two additional newspaper notices as described in subsection B, Published Notice, above; and

(2) The general area may be posted with notice in lieu of posted notice on each premise.

F. Notice Of Material Change: Following the hearing, if the PZC recommends a material change to the application, it shall give notice and conduct another public hearing before sending a recommendation to Council.

G. Notice Of Continued Hearing: At any public hearing, the review body may order the hearing to be continued by publicly announcing the time and place of continuance. No further notice thereof shall be required.


5. Step 5: Application Processing: The Director shall review the application materials and prepare a report of findings, including a recommendation to the review body to approve, approve with modifications, or deny the application, based on the applicable criteria in this Code.


6. Step 6: Public Hearing:

A. Types Of Public Hearings:

(1) Legislative: Legislative hearings include hearings on amendments to, or enactments of, any ordinance or enactment. They also include revisions or amendments to the Boise City Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.

(2) Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the development of a specific property.

B. Timing Of Public Hearings: The date for hearings shall be established by the Director based upon published cut-off and hearing dates, and as follows:

(1) The application shall be scheduled at the next available hearing.

(2) The Director may extend the review time for applications that are unusually large or complicated.

(3) Deferrals due to lack of quorum, lateness of the hour or a request by the applicant shall extend the time during which the hearing must be held.

C. Public Hearings By The City Council: Council hearing dates shall be established at a Council meeting.


7. Step 7: Decision: The decision body shall approve, approve with modifications, or deny an application based upon the applicable standards and criteria in this Code and the Boise City Comprehensive Plan. The decision shall be deemed to have been made on the date that the review body adopts a reasoned statement. A decision is final unless appealed.

A. Timing Of Decision:

(1) Administrative Approval: Within 15 calendar days after receipt of a complete application the Director shall approve, approve with modifications, or deny the application and shall notify the applicant, in writing, of the decision and the reasons for modification or denial.

(2) Review Body Or City Council Approval: A review body shall take action within 60 days from the date of the initial hearing unless the applicant agrees to a deferral for a longer period of time, or unless otherwise provided in this Code.

(3) Extended Review: The Director may extend the review/processing period for large planned development applications up to 66 days from date prior the application was submitted. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other city departments, and coordination with the applicant.

B. Reason Statement: The approval or denial of an application shall be in writing and accompanied by a statement that explains the applicable criteria and standards, states the relevant facts relied upon, and explains the rationale for the decision based on the applicable provisions of the Boise City Comprehensive Plan, relevant and statutory provisions, pertinent constitutional principles, and factual information contained in the record.

C. Criteria: A decision body authorized to act under this Code shall base a decision on the following criteria and any additional criteria indicated in Section 11-03-04, Specific Procedures:

(1) The approval is consistent with the policies of the adopted Boise City Comprehensive Plan;

(2) The approval is consistent with the general purpose of this Code stated in Section 11-01-03; and

(3) The approval shall not confer a special privilege on the property owner.

D. Conditions: A decision body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the purposes of the Boise City Comprehensive Plan and the general purpose of this Code stated in Section 11-01-03.

E. Effective Date Of Approval: An approval shall become final upon the issuance of a written decision and after ten days have elapsed from the date following the decision, provided however, that such effective date shall be stayed by the filing of an appeal. ORDINANCES SHALL BE EFFECTIVE UPON PUBLICATION.

F. Notice Of Public Review Body Decisions: The Director shall mail notice of each decision and of the appeal deadline to the applicant, appellant, and registered neighborhood association within three business days. The notice shall indicate that a reason statement can be reviewed in the Planning and Development Services Department and that the landowner can request a taking analysis.

G. Reconsiderations Of Review Body Decisions:

(1) Purpose: To minimize the number of appeals, prevent new information from being presented on appeals, and resolve disputes at the lowest possible level.

(2) Applicability: Upon request the review body may reconsider a decision for good cause. Good cause includes:

(a) The party requesting reconsideration has relevant information;

(b) The relevant information was not brought up at the previous hearing; and

(c) The information was not previously available.

(3) Procedure:

(a) A request for reconsideration shall include supporting information and shall be made prior to the deadline for filing an appeal.

(b) A decision on a reconsideration is not appealable.

(c) If reconsideration is granted, the time to appeal and any pending appeal shall be stayed. If reconsideration is granted and the appeal is withdrawn, the appeal fee shall be refunded in its entirety.

(d) If the applicant has modified the application, the review body shall determine if the revised application shall be reconsidered or if a new application is required.


8. Step 8: Modification: For some procedures, as indicated in Section 11-03-04, the holder of an approval may request modification.

A. Notice Of Approval: A letter stating the nature of a conditional use modification approval and findings of fact on which the approval was based shall be provided by mail to the applicant. A notice, stating the nature of the modification shall be provided by mail to the property owners, purchasers of record, and residents within a 300-foot radius of the external boundaries of the subject property.


9. Step 9: Appeal:

A. Appeals, Generally: A decision of the Director or a review body may be appealed.

(1) Appeals to the City Council can only be made by a party of record. Administrative appeals can be made by anyone.

(2) Appeals must be in writing, accompanied by the appropriate fee, and prior to the established deadlines or the next working day thereafter if the appeal deadline falls on a weekend or holiday.

(3) Appeals must specify the issues, items, or conditions that are being appealed.

B. Appeal Of Administrative Decisions:

(1) Types Of Appeals Of Administrative Decisions:

(a) Interpretation Of Code And Administrative Design Review Decisions: A person aggrieved by the Director's interpretation of this Code or by an Administrative Design Review decision may file an appeal with the Director. The appeal shall be submitted within ten days of the decision. Upon receipt, the Director shall schedule the hearing before the appropriate review body at the next available public hearing.

(b) Other Administrative Level Decisions: A person aggrieved by a decision on administrative level applications other than design review, or by a decision of the DRC, may appeal to the PZC, or in cases involving historic review to the HPC, within ten days of the decision. Upon receipt of the appeal, the Director shall establish a hearing and shall notify the appellant, applicant, registered neighborhood association, and property owners and residents within 300 feet of the property. The review body may sustain, deny, or modify the decision and conditions.

(2) Acceptance Of Filed Appeal: The Director shall transmit to the appeal body the record of the subject hearing.The filing of an appeal stays further action (subdivision, design review, conditional use, etc.) unless the Director determines that a stay would cause imminent peril to life or property.

(3) Timing: The appeal shall be heard at the next available public hearing. Notice for the public hearing shall be as in Step 5, Notice.

(4) Open Record On Appeal Of Administrative Decisions: A review may consider any evidence, regardless of whether it was presented previously. The decision is accorded weight to the extent it is the result of the application of special administrative and technical expertise. The record shall be fully developed at the commission level.

(5) Waiver Of Appeal Period: The Director may waive the appeal period upon receipt of a written request accompanied by the signatures of adjacent property owners indicating no objection to the approval.

C. Appeals Of Review Body Decisions (Quasi-Judicial): Review body decisions may be appealed to the Council in accordance with the following:

(1) Appeal Procedures:

(a) Standing To Appeal: A final decision of a review body may be appealed by the applicant, the owner, those who have testified orally or in writing at the hearing, and those who sign up to testify. Such persons shall be deemed parties of record, as shall any person who had a right to notice, but did not receive it. The City Clerk's and Director's proof of publication, mailing, and posting shall constitute proof of notice.

(b) Timing Of Appeal: The appealing party shall file a signed appeal form and fee within ten days of the review body decision and adoption of a reason statement.

(c) Notice Of Filed Appeal(s): The Director shall mail notice that an appeal has been received to the parties of record and the registered neighborhood association. Failure of delivery or delay of receipt of the notice shall not extend the appeal period or be grounds for appeal. The mailed notice shall include instructions on submitted and reviewing memoranda.

(d) Scheduling Of Appeal To City Council: The application for appeal shall be forwarded to the City Clerk and Council shall set a date for a public hearing. The hearing date shall not be sooner than 28 days after the appeal is filed to allow for submission of memoranda. Notice shall be in accordance with the requirements of this Code.

(e) Supplemental Documents: For the purposes of this section, staff reports to the City Council are not considered memoranda.

i. The parties to the appeal and the Director may file written arguments (memoranda) within 14 days after the appeal deadline.

ii. Replies to memoranda must be filed within 21 days of the appeal deadline.

iii. Memoranda and responses may not contain new facts or evidence or discuss matters outside the record but rather are limited to why the record does or does not support the decision.

iv. The Council may modify the schedule if the hearing date on the appeal is deferred.

(2) Standards Of Review For Appeals:

(a) Because the review bodies are recognized as having expertise in their substantive areas, the Council shall give due consideration to their decisions.

i. The Council may find error on the following grounds:

ii. The decision is in violation of constitutional, state, or city law. An example would be that the review body's decision would be a taking.

iii. The review body's decision exceeds its statutory authority.

iv. The decision is made upon unlawful procedure. An example would be if notice of a required public hearing was inadequate. In such cases, the matter may be remanded to correct the error.

v. The decision is arbitrary, capricious or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented. Where there is room for two opinions, action is not arbitrary and capricious when exercised honestly and upon due consideration.

vi. The decision is not supported by substantial evidence.

(b) If error is found, the review body decision may be reversed or modified.

(c) If no error is found the appeal shall be denied and the decision upheld.

(3) Administrative Record Review And Correction:

(a) The Director and City Clerk shall make the full administrative record available to the public.

(b) If a party believes that information has been omitted from the administrative record, it shall bring it to the attention of the Director no later than ten days prior to the date for the appeal hearing. If information has been omitted from the record, the Director shall determine if the information was presented to the review body and, if so, shall include it in the record provided to the Council.

(4) City Council Deliberation On Appeal; Contents Of Decision:

(a) Following the close of the appeal hearing, the Council shall deliberate in public to a decision. The decision shall be based on the standards of review set forth in Subsection (4), above.

(b) The Council shall adopt a written reason statement in support of its decision and shall identify:

i. The ordinance, standards, and criteria set forth in the Comprehensive Plan and this Code used in evaluating the application;

ii. The reasons for approval or denial; and

iii. The actions, if any, that the applicant could take to obtain a permit.

(5) Notice Of Decision On Appeal: The Director shall mail to the applicant, the appellant, and the registered neighborhood association notice of the decision together with the reason statement and a notification of the right to seek judicial review.


10. Step 10: Term Of Approval:

A. Term Of Approval:

(1) Unless otherwise indicated in Section 11-03-04, Specific Procedures, the term of an approval shall not exceed 2 years. The approval shall lapse if the holder of the permit has not completed one or more of the following actions:

(a) Acquired construction permits and commenced placement of permanent footings and structures. (structures include sewer lines, water lines, streets, and building foundations); or

(b) Commenced the use; or

(c) For conceptual conditional use permits, submitted an application for a detailed conditional use permit; or

(d) For projects that require platting, recorded a subdivision plat.

(2) The Commission may set a term within which the project must be completed. That term shall not be less than 6 years.

B. Extension Of Approval Term:

(1) The Commission may grant up to 2 two-year time extension to an unexpired conditional use permit. Extensions to conditional use permits shall also extend any associated zoning approvals such as variances and design review approvals. The Commission shall hold a public hearing to decide the extension request if:

(a) There have been significant amendments to the Comprehensive Plan or Zoning Ordinance which will affect the conditional use permit; or

(b) There have been significant land use changes in the vicinity which would adversely impact the project or be adversely impacted by the project; or

(c) There are hazardous situations which have developed or have been discovered in the area.

(2) If a hearing is required, notice shall be provided as per Section 11-03-03.4. A new application and fee are required and shall be reviewed for compliance with current plans and ordinance.


11. Mediation: A mediation option is available, in accordance with Section 67-6510 of the Idaho Code.

A. Timing Of Mediation Request: Mediation may occur at any point during the decision making process or after a final decision has been made. If a mediated resolution is agreed to by the participating parties after a final decision has been made, the revisions resulting from such resolution shall be the subject of a new public hearing before the decision-making body. However, the mediation record shall not be part of the official record for the application.

B. Written Request Required: Mediation may be requested by the PZC, the Council, the applicant, or any affected person by submission of a written request to the Director. An affected person is one having an interest in real property which may be adversely affected by the issuance or denial of a permit. The request shall include a statement of concerns and issues and the desired outcome of the mediation.

C. Notification Of Willingness To Participate: The Director shall forward the request to the applicant or affected persons on the other side of the issue. These parties shall be notified that they have seven days to notify the city as to whether or not they will participate in mediation. The Director shall determine the appropriate parties to notify.

D. Participation: The parties shall participate in at least one mediation session if requested by the PZC or Council. If the applicant or affected person declines to participate in mediation and the Council declines to direct mediation, the mediation process and the tolling of time limits are ended.

E. Expenses Of Mediation: The Council shall select and pay the expenses of the Mediator for the first session. Any additional sessions shall be paid for by participating parties.

F. Tolling Of Time Limits: Once mediation is agreed to, all time limits related to hearings, and appeals are tolled (i.e., delayed). Such tolling of time shall cease when:

(1) All parties on one side of an issue decline further participation in the mediation process; or

(2) No mediation session is scheduled for a period of 28 days from the date the request for mediation is received.

G. Mediation Not Part Of The Application Record: The mediation process shall not be part of the official application or project record, and shall not be disclosed or used in any subsequent city hearings on the application or appeal of a decision on such application, except that any resolution resulting from mediation shall be subject to a new public hearing.


12. Taking Analysis: Notice to an applicant of a final decision rendered by City Council concerning a site-specific land use request shall include notice of the right to request a regulatory taking analysis.

A. Procedure: A request for a regulatory taking analysis must be submitted to the Director within 28 days from the date of the final decision.

(1) Upon request, the City shall prepare a written taking analysis of any decision or condition(s) of approval on any site specific zoning or development application. The regulatory taking analysis shall comply with the process set forth in this Code including use of the most current guidelines developed by the Idaho Attorney General and be provided to the real property owner within 42 days of the request. The request for a taking analysis and the analysis shall be part of the application record. During the preparation of a taking analysis, any time limitations related to the application or action shall be tolled (i.e., delayed).

(2) If the taking analysis concludes that a taking occurred, Council shall take corrective action.

(3) The decision being challenged is voidable if a written taking analysis is not prepared after a request has been made pursuant to this Section. Where the city fails to prepare a required requested taking analysis pursuant to this Section, a private real property owner whose land is the subject of city action and is affected by the city's action may seek judicial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a city action for noncompliance with paragraph (2) of this section must be filed in a district court in the county in which the private property owner's affect real property is located.

B. Guidelines: The City shall use the most current regulatory taking guidelines of the Idaho Attorney General to prepare the takings analysis. The following guidelines are current as of the adoption date of this Code:

(1) Does the regulation or action result in a permanent or temporary physical occupation of private property?

(2) Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement?

(3) Does the regulation deprive the owner of all economically viable uses of the property?

(4) Does the regulation have a significant impact on the landowner's economic interest?

(5) Does the regulation deny a fundamental attribute of ownership?

(6) Does the regulation serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose?


13. Conduct Of Hearings Before Review Bodies: The following provisions govern the conduct of hearings before a review body. Except where limited to a specific review body, this section applies to the following review bodies: Hearing Examiner; the Planning and Zoning Commission; the Design Review Committee and the Historic Preservation Commission.

A. Requirements:

(1) Sign-In Roster: A sign-in roster shall be kept at the entrance to the hearing room for all persons who wish to testify at the hearing on a particular application or issue.

(2) Allotted Time: In order to accommodate all participants, the Chair may determine the time allotted to each speaker within the parameters set forth in this section.

(3) Recordation: All proceedings shall be recorded and all material presented shall be maintained by the City. The record shall be made and maintained in a manner such that the hearing record may be transcribed.

(4) Disclosure And Inquiry: Review body members shall disclose any comments received or observations they have made, or discussions they have had regarding the application. Disclosure shall be on the record prior to the time for testimony to allow parties of record to address them. Disclosure shall include from whom the comments were received, with whom the person making the comments is affiliated and the nature of the comments, as well as any documents related thereto.

(5) Order Of Presentation:

(a) In the case of an appeal, the order of presentation before the review body shall be staff, appellant, applicant (unless the appellant is the applicant) and then the other parties to the appeal and the general public. Questions by the review body shall be held until after the staff report and the presentations by the appellant(s) and/or applicant. The appellant, the applicant and the registered neighborhood association representative may each be given up to 30 minutes for their presentation. The other parties to the appeal and the general public shall be given 3 minutes to testify. Following the close of public testimony the applicant and appellant shall be allowed up to 5 minutes each for rebuttal, with the appellant providing the last rebuttal.

(b) In the case of an initial review body hearing, the order of presentation shall be staff, applicant, the designated neighborhood association if it chooses to testify, and then the general public. The applicant may be given up to 30 minutes for her/his presentation. The designated neighborhood association shall have an equal amount of time as the applicant to testify if requested. The general public may be limited to 3 minutes each. The applicant shall be allowed up to 5 minutes for rebuttal following public testimony.

(c) Only the representative of such registered neighborhood association who has been authorized by the association in accordance with such association's established procedures to represent the association in the matter before the review body shall be allowed the amount of time identified above. Any other member of such association shall be limited to 3 minutes.

(6) Submission Of Written Documents And Evidence To A Review Body:

(a) Every document referred to by any person during testimony (including charts, maps, photographic evidence or any other evidence) shall be identified and entered into the record of the proceeding. Such exhibits shall be maintained in the Planning and Development Services Department. In most cases, a decision will be made at the end of the hearing; therefore it is strongly encouraged that documents be given to the Planning and Development Services Staff as early as possible before the hearing so that all evidence will be adequately reviewed by staff and the decision maker.

(b) A review body cannot review substantial written documents handed to them during the hearing while listening to verbal testimony. Further, the submission of such documents does not allow other parties time to address the material. Therefore, the submission of substantial written information to a review body is restricted as set forth below.

i. Written testimony may be accepted to the extent that it is a copy of the testifying party's oral testimony presented to the review body.

ii. All other written testimony and documents must be submitted to the Planning Director by 5:00 P.M. on the Thursday preceding the review body hearing in order to be printed and included in the printed record presented to the review body.

iii. Written testimony submitted to the review body during the hearing shall be accompanied by a one-page summary of the document, a statement of why the testimony or document could not be submitted by the Thursday deadline, and a request that such testimony or document be accepted for the record. The review body shall have the options of rejecting the information, reviewing the information during the hearing, taking a recess to review the information, or deferring the hearing and/or action until the testimony or document can be reviewed. The action to be taken on such request shall be by a majority vote of the review body membership. In deciding whether or not to accept the information the review body shall consider prejudice to other parties if the information is accepted.

iv. The information submitted, and the review body's decision on whether to accept or reject it, shall be forwarded with an appeal. The appeal review body may add the document or testimony at issue to the record if it determines the initial review body erred in rejecting it.

v. Nothing in this ordinance shall prevent a citizen from presenting a verbal summary of substantial documents, in accordance with the hearing procedures and time limits for oral testimony.

(7) Public Testimony:

(a) Following the staff report and the presentations by the applicant and/or appellant, the review body may ask questions of the staff, applicant or appellant. Following any such questions and responses, the Chair shall open the hearing for public testimony and shall invite the public to address the review body in the order of names found on the sign-in roster. A roster shall be maintained at the podium or similar suitable place for anyone who was not included on the sign-in roster, but who wishes to become a party of record, to provide in writing her or his name and address.

(b) The Chair may limit public testimony to three minutes for each member of the public. The applicant, including an applicant's representative(s), appellant, and representatives of the registered neighborhood association within which the applicant's project is located, may not be allowed more than 30 minutes each for their presentations. Neighborhood associations who demonstrate a substantial impact from an application, even though their association is outside the application boundaries, shall be given equivalent time as those associations within the boundaries, but such associations together shall be limited to no more than the amount of time allowed for the applicant. Only the representative of such registered neighborhood association who has been authorized by the association in accordance with such association's established procedures to represent the association in the matter before the review body shall be allowed the amount of time identified above. Any other member of such association shall be limited to 3 minutes.

(c) Each person testifying before the review body shall state, for the record, her or his full name and address.

(d) Before the close of the public testimony, in a hearing before the initial decision maker, the Chair shall ask if any persons attending the hearing who did not sign the roster wish to be heard and any such person shall be given the opportunity to testify.

(e) Members of the review body may question any person who has finished testifying or may, upon unanimous consent of the members present, recall a person for further testimony.

(8) Final Comments:

(a) If the review body is conducting a hearing where it will make the initial decision, at the close of public testimony, the Chair may solicit comments from staff for additional facts or clarifications. After comments from staff, any member of the public who wishes to do so may address those additional facts and comments. The applicant shall be given an opportunity to address any additional facts or comments during rebuttal.

(b) If the review body is hearing an appeal, the appellant shall be given an opportunity to make final statements to the review body. The Chair shall re-open testimony to allow the applicant, neighborhood association, or public participants to address any additional matters raised by the review body's questions. The applicant and appellant shall address such additional matters during rebuttal.

(9) Closing Of Public Hearing: After all testimony, the Chair shall declare the public hearing closed and shall bring the matter before the review body for discussion and action.

B. Review Body Consent Agenda:

(1) Criteria For Consent Agenda: Routine, uncontested applications may be placed on a consent agenda in accordance with the procedures set forth herein. Based upon a recommendation from the Planning Staff, the Chair, at the beginning of the public hearing, shall identify all items proposed for the consent agenda. Only applications that meet the following criteria shall be considered for the consent agenda:

(a) There has not been any written or oral opposition to the application.

(b) The Planning Staff and the applicant are in agreement on the findings and conclusions and recommended conditions of approval.

(c) The application complies with the City Comprehensive Plan and Zoning Ordinance as proposed or as it will be modified by conditions of approval.

(d) The review body has no concerns with the application.

(2) Questions To Consider For Consent Agenda: To make a determination on whether or not the application should be placed on the consent agenda, the Chair shall ask the following questions:

(a) Does the review body have any questions on the application (provide agenda number and applicant's name)?

(b) Is there anyone present who has adverse testimony related to the application (provide agenda number, applicant's name, and location of site)?

(c) Is the applicant or a representative of the applicant present?

(d) Is the applicant in agreement with the Staff recommendation, findings and conclusions, and conditions of approval?

(3) Opposition To Consent Agenda: If there is any opposition from any party or member of the public, regarding an application, or if no-one is present to testify, but written testimony was provided, that item shall not be placed on the consent agenda. Once the consent agenda is established, the review body may approve all items on the consent agenda with one motion.

C. Review Body Deferral Procedure:

(1) Deferral Allowed: Applications that have been placed on the review body public hearing agenda may be deferred for a no more than 60 days unless the applicant agrees to a longer period.

(2) Lack Of Quorum Or Lateness Of Hour: If the review body makes a specific finding at the public hearing that a limited delay is necessary due to the lack of a quorum or the lateness of the hour, then a delay can be granted to the next scheduled meeting of the review body. A request for deferral may be initiated by a member of the review body, the applicant, the Planning Staff or the public. Scheduled agenda items shall only be deferred by the review body and only during the public hearing.

(3) Guidelines: Pursuant to the following guidelines, requests for deferral submitted prior to or at the start of the public hearing must be ruled upon by the review body:

(a) If the applicant and the Planning Staff are in agreement on the deferral, including the requested length of deferral, and there is no public opposition, the review body may consider the request to be routine. Such requests should be deferred to a date specific when possible to avoid the requirement for re-advertising.

(b) The review body shall act on requests for deferral only after soliciting input from the applicant, staff and any concerned public. If a deferral is granted, any member of the public who cannot or will not return for a deferral hearing shall be provided an opportunity to testify.

(4) Considerations: In addition to the testimony on the issue the review body shall consider the following:

(c) Have there been previous deferrals?

(d) Are additional studies, redesign or other development alternatives being considered for which the time to complete cannot be accurately estimated?

(e) The number of citizens present to testify and their input on a date specific deferral.

(f) Does the review body have before it a written deferral request from the applicant?

(5) Deferral Process:

(g) Indefinite Deferral Process: When action on an application has been deferred indefinitely at the applicant's request, the applicant shall pay an additional fee to cover the cost of re-advertising before the application is scheduled for a public hearing. Such fee shall be determined by the Planning Director.

(h) Deferrals For Sexually Oriented Business Applications: Unless the applicant agrees to a deferral, applications for Sexually Oriented Businesses and Bikini Bars must be decided within 45 days following the public hearing. Failure of the Commission to decide such application within 45 days following the hearing shall result in its approval.

D. Inclusion On Agenda: An application shall be considered as being on the agenda upon the mailing of radius notices to impacted property owners and residents. Prior to the placement of an application on the public hearing agenda, the applicant may submit a request for rescheduling to the Planning Staff. The Planning Director may reschedule the hearing to an appropriate date if the applicant has requested rescheduling or if there are procedural or logistical reasons that justify rescheduling.

11-03-04: Specific Procedures


This Section sets out the purpose, applicability, and steps for specific procedures.

1. Code Text Amendment:

A. Purpose: This Code may be amended whenever Council deems it is required for public convenience or necessity, or for general welfare.

B. Procedures: Figure 11-03.1 shows the procedural steps in the review of applications for a code text amendment. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.1
Code Text Amendment



(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal: The applicant shall submit an application pursuant to Section 11-03-03.3 and the specific procedures of this section.

(4) Step 4: Notice: The Director shall provide notice for hearings pursuant to Section 11-03-03.4.

(5) Step 5: Application Processing: The Director shall prepare a report of findings and recommendations pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing(s): Hearings shall be held pursuant to Section 11-03-03.6 and this Section.

(a) Planning And Zoning Commission Hearing:

i. The PZC shall hear each application and prepare a recommendation to the Council.

ii. In the case of a code text amendment to establish a conservation district, the City may require the HPC, DRC, or other board or commission, review the application and make a recommendation. The PZC hearing shall be within 60 days after the transmittal date of the required report in Step 3, Application Submittal.

(b) City Council Hearing: The Council shall hear each application pursuant to Section 11-03-03.6.

(7) Step 7: Decision:

(a) The Council shall approve, approve with modifications, or deny pursuant to Section 11-03-03.7 and this Section. To approve it must be found that the amendment:

i. Complies with and conforms to the Comprehensive Plan.

ii. Is required for public convenience or general welfare.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: A decision of the Council is final.

(10) Step 10: Term Of Approval: A code text amendment approval does not lapse.


2. Development Agreement:

A. Purpose: To provide a vehicle for development that will assure compliance with rezone findings where, in the opinion of the Council or the PZC, approval of a rezone by itself does not meet those findings.

B. Applicability: Development agreements can be used after a determination has been made that a rezone does not meet required findings without additional restrictions to those imposed by the proposed zoning district. Nothing in this section shall be construed as relieving the property that is subject to development agreement restrictions from further compliance with all other permit and code requirements applicable because of the zoning designation of the property. A development agreement cannot convey a use or right. Restrictions are in addition to all other requirements of this Code.

C. Procedures: Figure 11-03.2 shows the review procedure. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.

Figure 11-03.2
Development Agreement



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required.

(3) Step 3: Application Submittal: Required.

(a) Initiation Of Application:

i. A request to enter into a development agreement may be:

A. Submitted by the rezone applicant;

B. Required by Council at Council's rezone hearing, or

C. Required by Council upon recommendation from the PZC.

ii. If the PZC recommends a development agreement, action on the rezone should be deferred to advertise for a new hearing. But if the applicant chooses to proceed to Council without a development agreement, the PZC should recommend denial of the rezone.

iii. If the Council determines a development agreement is necessary the matter shall be remanded to PZC for a new application and hearing.

iv. When requested by an applicant, the PZC shall conduct a hearing and forward a recommendation to the Council.

v. In the event of (ii) or (iii) above, time limits may be stayed if so directed by the Council or PZC.

(4) Step 4: Notice: The Director shall provide notice for advisory and decision hearings pursuant to Section 11-03-03.4.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.5 and this Section.

(a) The development agreement may address: density, bulk, site design, mitigation of impacts on the surrounding neighborhood, appearance, provision of utilities or public facilities, and restrictions on use.

(b) The draft development agreement shall be reviewed by the City Attorney as to form prior to being sent to the PZC.

(6) Step 6: Public Hearing(s): Following a hearing the PZC shall forward a recommendation to the Council pursuant to Section 11-03-03.6 for a decision.

(7) Step 7: Decision: The Council shall make a decision pursuant to Section 11-03-03.7 and this Section.

(8) Step 8: Modification: Development agreements may only be modified after public hearing by the City Council. Major modifications as determined by the Director require a hearing and recommendation from the PZC prior to a Council hearing.

(9) Step 9: Appeal: A decision of the Council is final.

(10) Step 10: Term Of Approval: A development agreement approval shall lapse or may be terminated as follows:

(a) Lapse: The lapse period shall be as indicated in the development agreement or as provided for in this section.

i. Within one year from the date of approval it shall be recorded. Failure to do so shall render the rezone null and void. Proof of recording must be submitted prior to the first reading of the rezone ordinance.

ii. The development agreement or any modification thereto, shall run with the land and shall be considered continuing obligations of the owner, co-owners, and anyone acquiring an interest in the property.

(b) Termination: A development agreement may be amended or terminated by the Council, after public hearing, for failure to comply. Upon termination, the Council shall rezone the property to the prior zone or in the case of an initial zone at annexation, to a zone deemed appropriate.


3. Rezone:

A. Purpose: To establish procedures to change district boundaries, establish or disestablish districts, or to change the district designation of a parcel.

B. Procedures: Figure 11-03.3 shows the rezone review procedure.

Figure 11-03.3
Rezone Procedure



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required.

(3) Step 3: Application Submittal: Required.

(4) Step 4: Notice: The Director shall provide notice for hearings pursuant to Section 11-03-03.4.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing(s):

(a) The PZC shall conduct a public hearing and prepare a recommendation to the Council to approve, approve with modifications, or deny pursuant to Section 11-03-03.6.

(b) The Council shall conduct a public hearing pursuant to Section 11-03-03.6.

(7) Step 7: Decision: Decision authority is as follows:

(a) City Council: The Council shall approve, approve with modifications, or deny the application pursuant to Section 11-03-03.7.

(b) City Council Approval Requires Ordinance: A rezone, including the establishment of a new overlay district, shall become effective when the Council adopts an ordinance amending the zoning classification.

(c) Any recommendation of the PZC shall be in writing and shall specify that the rezone meets the following criteria:

i. Is in compliance with the Comprehensive Plan.

ii. Is in the best interests of the public convenience and general welfare.

iii. Maintains and preserves compatibility of surrounding zoning and development.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: In cases where the action taken by the Council is protested by a petition signed by the owners of 50 percent or more of either the area to be rezoned or of those within a 300-foot radius of the exterior boundaries of the area to be rezoned, a decision to rezone requires a vote of two-thirds of the Council.

(10) Step 10: Term Of Approval: A rezoning approval does not lapse.


4. Subdivision Plat:

A. Purpose: To create and record legal divisions of land. A subdivision plat is intended to promote coordinated and efficient development.

B. Applicability: A plat shall be drawn for each subdivision as provided below. Plats shall be recorded in the office of the Recorder after certification of compliance with Idaho State Code and this Code.

(1) General: The regulations of this Section apply to all subdividing of all land except minor subdivisions as defined in Section 11-012-05, Other Terms Defined.

(2) Condominiums:

(a) The provisions of the Condominium Property Act as provided in Chapter 15, Title 55, Idaho Code, as amended, and the provisions of Section 11-07-06.5 of the Boise City Code, as amended, for planned unit developments are adopted and incorporated by reference.

(b) Condominium and subdivision of land, including dedication of public right-of-way, may be recorded on the same plat.

(c) Condominium units shall be provided ingress and egress either over common area or by an easement which shall be delineated on the plat or defined in the recorded condominium declarations with a note on the plat stating that the condominium declarations provide ingress and egress easements for the units. The condominium declarations shall be reviewed and approved by the City Attorney and the ingress and egress provisions cannot be removed or modified without the written consent of the city.

C. Procedures: Figure 11-03.4 shows the subdivision platting procedure.

FIGURE 11-03.4
SUBDIVISION PLAT PROCEDURE



(1) Step 1: Pre-Application Conference: Required for subdivisions of 40 or more lots or dwelling units.

(2) Step 2: Neighborhood Meeting: Required for subdivisions of 40 or more lots.

(3) Step 3: Application Submittal: The applicant shall submit an application pursuant to Section 11-03-03.3 and this Section.

(a) A preliminary plat application may be submitted with or without a final plat.

(b) A final plat shall be prepared in accordance with Title 50, Chapter 13 of the Idaho Code and with this Code and shall be submitted within two years of approval of a preliminary plat. The final plat must conform to preliminary plat approved by the Council.

(c) Complete Application: Incomplete applications will not be scheduled for review by PZC or Council.

(4) Step 4: Notice: Mailed and Posted Notice required for subdivisions five acres or greater.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.5 and this Section.

(6) Step 6: Hearing:

(a) Recommendation: The Hearing Examiner or the PZC shall prepare a recommendation to the Council pursuant to Section 11-03-03.6 and this Section.

(b) Delays To Hearing Examiner Or Planning And Zoning Commission Action: The 60-day limit applies unless the applicant agrees to a longer time period, or there are extenuating circumstances, other associated development applications that should be considered at the same time, such as,

i. Annexation;

ii. Conditional Use;

iii. Change to the Area of City Impact;

iv. Developments under the Hillside Ordinance; and

v. Highway District or other critical agency conditions have not yet been received.

(c) Decision: The Council shall consider the recommendation of the PZC.

(7) Step 7: Decision: Council makes the final decision.

(a) Certification: Within two years of approval, the applicant shall obtain the City Engineer's signature on final plats as evidence of conformance with this Code and the Council's conditions of approval.

(b) Recording: The applicant shall record the final plat with the Ada County Recorder within one year from date of the City Engineer's signature.

(c) Other Concurrent Application Deadlines: Where a subdivision is approved subject to a conditional use permit and the CUP expires or lapses, the plat applications shall be void.

(8) Step 8: Modification: Amendments to approved preliminary plats must be reviewed by PZC and approved by City Council in accordance with procedures of this section.

(9) Step 9: Appeal: Not applicable.

(10) Step 10: Term Of Approval: As follows:

(a) Lapse Period: Approval shall lapse for failure to comply with step 7 above and the plat shall be null and void. Extensions of time may be granted by the Council as in Subsection (c), below.

(b) Phasing:

i. Preliminary plats may be phased and do not need time extensions as long as at least one phase of the plat is approved annually.

ii. For phased developments, Council may modify or add conditions for phases submitted after two years following preliminary plat approval.

(c) Extensions:

i. The Council may grant an extension of a preliminary or final plat for up to one year, provided an application for extension is filed at least 20 days prior to the expiration of either the first two year period or a previous extension.

ii. In granting a time extension, the Council may modify or add conditions to the final plat to conform with adopted policies or Code changes since initial approval.


5. Record Of Survey:

A. Purpose And Applicability: To provide a review procedure for the following:

(1) A division of any original tract into up to four parcels that comply with Code requirements;

(2) A property line adjustment that establishes or modifies the boundaries of buildable parcels with boundaries that differ from existing buildable parcels and/or buildable lot boundaries; or

(3) The consolidation of two or more existing, contiguous buildable parcels into one buildable parcel.

B. Procedures: See Figure 11-03.5.


Figure 11-03.5
Record of Survey Procedure



(1) Administrative Review: A decision to approve or deny shall be rendered within 10 days. The Director shall sign notices of buildable parcels.

(2) Evidence Required For Permit: Evidence of recordation of a notice of buildable parcel is required for a building permit to be issued.

(3) Appeal: Decisions may be appealed to the PZC, pursuant to Section 11-03-03.9.

C. Application Requirements: Along with items listed on the application form the following shall be included:

(1) A separate original notice of Buildable Parcel in recordable form for each buildable parcel created by the Record of Survey incorporating the following:

(a) The notarized signatures of all owners,

(b) A statement that the original lot or parcel is no longer a buildable parcel,

(c) A complete legal description of the buildable parcel established by the Record of Survey,

(d) A note regarding the requirement to vacate easement before building on the easement areas, if appropriate, and

(e) A certification for execution by the Planning Director evidencing the establishment of the new buildable parcel in accordance with this section.

(2) Notification of the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application stating the adjacent property owners and occupants have been notified of the applicant's intent to divide the parcel. Certified Mail is an acceptable means of notifying adjacent owners and occupants. This notification is not required for Record of Surveys that do not create a new buildable parcel.


6. Conditional Use Permit:

A. Purpose: To review conditionally allowed uses for compliance with the comprehensive plan, availability of services and possible adverse impacts.

B. Applicability: As per Table 11-06.1, Allowed Uses, in Chapter 11-06, Use Standards.

C. Procedures: See Figure 11-03.6. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.6
Conditional Use Permit Procedure



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required.

(3) Step 3: Application Submittal:

(a) Required.

(b) May be submitted under the detailed plan or conceptual plan approval process.

(4) Step 4: Notice: Required.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing: Required, except for minor modifications.

(7) Step 7: Decision: Decision authority shall be as follows:

(a) The Hearing Examiner or the PZC shall review pursuant to Section 11-03-03.7 and according to the following criteria:

i. The location is compatible to other uses in the general neighborhood;

ii. The proposed use will not place an undue burden on transportation and other public facilities in the vicinity;

iii. The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls, fences, parking, loading, landscaping, and such other features as are required by this Code;

iv. The proposed use, if it complies with all conditions imposed, will not adversely affect other property of the vicinity;

v. The proposed use is in compliance with the Comprehensive Plan;

vi. A multi-family building (any building containing more than two residential units) is designed to comply with the Citywide Design Standards and Guidelines: and

vii. A drive-up window in a C-5 District, if it complies with all conditions imposed, will not adversely affect pedestrian traffic or create an unsafe pedestrian environment and that the location and design of the drive-up window provides proper on-site vehicle stacking based on peak hours, and minimizes potential circulation issues or other negative impacts to pedestrians or traffic.

(b) Conditions: It is not the intent of this Section to restrict or specify design proposed or to specify the exterior detail or design, color, or materials, except as such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings. The PZC may condition the approval of a conditional use permit on compliance, including but not limited to the following:

i. Conformity to approved plans and specifications;

ii. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting;

iii. Volume of traffic generated, requirements for off-street parking, service drive design, and construction standards, vehicular movements within the site, and points of vehicular ingress and egress;

iv. Performance characteristics related to noise, vibration, and other potentially dangerous or objectionable elements;

v. Limit hours of operation;

vi. The term of a permit, or the period of time for which a permit is issued;

vii. Guarantees as to compliance with the terms of the approval;

viii. Number, location, color, size, height, lighting, and landscaping of outdoor signs and structures;

ix. Public improvements, including the installation of street lights, in accordance with the requirements of the Public Works Department;

x. Requiring irrigation or drainage facilities to be covered or fenced for safety's sake.

(c) Variance To Development Standards Included In Permit: As part of a conditional use, the PZC may approve, in accordance with notice and approval criteria in Section 11-03-04.17, a change from required setbacks, off-street parking, fence heights, and other standards. The application must specify the changes being requested.

(8) Step 8: Modification (Administrative): Applicable.

(a) Minor Modification:

i. A reduction in density that does not exceed 25 percent of the total units.

ii. A relocation of dwelling units or building pads for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas.

iii. A change in the phasing plan.

iv. A modification to the recreation area or open space design, but not including elimination or significant reduction.

v. An increase or decrease in the proposed setback as long as Code requirements are met.

vi. A change in building elevations.

vii. Similar changes as determined by the Director.

viii. The requested modification was not the subject of an appeal during the public hearing process.

(b) Major Modification (Commission):

i. Any increase in density.

ii. A density decrease exceeding 25 percent of the total approved by the conditional use.

iii. Any change that will impact the neighborhood such as a change in traffic generation or flow, impacts to river or foothills areas, or increases in soil erosion.

iv. A change that was the subject of an appeal during the public hearing.

v. A change that would affect some other condition such as a condition regarding greenbelt, streets, schools, floodplain, foothills, etc.

vi. A request for greater than 20 percent increase in building square footage.

vii. A request to change the nature of the approved use.

viii. A request to change or delete a condition of approval.

ix. A request that would increase or cause impacts to a foothill or river area.

x. Similar changes as determined by the Director.

(9) Step 9: Appeal: Appealed to the Council, pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: As follows:

(a) Lapse Period: Pursuant to Section 11-03-03.10.

(b) Extension: Pursuant to Section 11-03-03.6.


7. Planned Unit Development:

A. Purpose: To provide an opportunity for land development that preserves natural features, allows efficient provision of services, and provides common open spaces or other amenities not found in traditional lot-by-lot development. Planned developments are intended to provide certain benefits to the public and to the developer.

B. Applicability:

(1) Benefits And Incentives: Planned developments are intended to provide certain benefits to the public and to the developer through allowance of creative designs. To provide the developer with an incentive to utilize the planned unit development process, the following allowances may be:

(a) A variety of housing types may be used including attached units, detached units, single family units, and multi-family units.

(b) The minimum lot size of the zoning district may be reduced within the density limits of the district.

(c) Planned developments may use private streets and service drives that are designed and constructed to the standards of this Code, however, no such roadway shall be permitted unless it is found to be in compliance with Sections 11-09-03.5, Private Streets, and 11-07-04.3.B, Service Drives, of this Code.

(d) Modified building setbacks may be allowed.

(e) The conditions of approval applied to a large planned unit development concept plan shall be applied consistently to each subsequent phase unless otherwise agreed to by both the applicant and the PZC.

(f) Uses that are not allowed within the zoning district may be allowed subject to the 20 percent exception requirements of Section 11-03-04.7.B(2)(d).

(g) Buildings may be clustered to preserve foothills, river areas, and other environmentally sensitive areas as open space.

(2) Use Exceptions Within A Planned Development: In the case of planned developments greater than five acres in size, the PZC may authorize specified uses not permitted in the zoning district. The purpose is to promote a mix of uses that are functionally integrated with and provide services to the primary use. Criteria include:

(a) The uses permitted by exception should be strongly related to the primary use and are intended to provide services or facilities useful and convenient to the primary use.

(b) The uses permitted by the exception should be integrated into the project through the following:

i. The use exception site shall be located within reasonable walking distance of all areas of the primary use.

ii. One or more of the vehicular accesses to the primary site shall serve as access for the use exception site.

iii. Pedestrian and/or bicycle pathway connections shall be provided from the primary use.

iv. Buildings on the use exception site shall be oriented to facilitate access from the primary use.

v. Architecture and building bulk shall reflect or compliment the primary use.

vi. Landscaping concepts from the primary use shall be continued onto the site of the use exception.

vii. Signage shall be low profile and consistent with any sign package submitted for the primary use.

(c) The uses permitted by the exception are neighborhood or community-serving in scale and do not constitute a regional use.

(d) No more than 20 percent of the total area of the planned unit development shall be devoted to the exception.

(e) The development is phased so that the construction of the excepted use or uses will be justified by the construction of all or a proportionate phase of the permitted use.

(f) That the conceptually approved excepted uses shall be subject to design review approval prior to issuance of a building permit.

C. Procedures: Every planned unit development shall be processed as a conditional use application.


Figure 11-03.7
Planned Unit Development Procedure


(1) Step 1: Pre-Application Conference: The applicant shall request and attend a pre-application conference pursuant to Section 11-03-03.1.

(2) Step 2: Neighborhood Meeting: The applicant shall request and attend a neighborhood meeting pursuant to Section 11-03-03.2.

(3) Step 3: Application Submittal:

(a) The applicant shall submit an application pursuant to Section 11-03-03.3.

(b) A planned unit development conditional use application may be submitted under either the detailed plan approval or conceptual plan approval process.

(c) Concurrent review of related applications may be required. In cases where subdivision platting is being proposed or would be required, concurrent review of the conditional use and subdivision plat is required when the Director determines that subdivision regulations, including but not limited to private streets standards, apply to the design of the proposed development.

(4) Step 4: Notice: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.4.

(5) Step 5: Application Processing: The Director shall provide notice for advisory and decision hearings pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing: The PZC shall hear every application pursuant to Section 11-03-03.6.

(7) Step 7: Decision: The PZC shall approve, approve with modifications, or deny each application pursuant to Section 11-03-03.7 and the following criteria:

(a) The location is compatible to other uses in the general neighborhood;

(b) The proposed use will not place an undue burden on transportation and other public facilities in the vicinity;

(c) The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls, fences, parking, loading, landscaping, and such other features as are required by this Code;

(d) The proposed use, if it complies with all conditions imposed, will not adversely affect other property of the vicinity;

(e) The proposed use is in compliance with the Comprehensive Plan;

(f) A multi-family building (any building containing more than two residential units) is designed to comply with the Citywide Design Standards and Guidelines;

(g) A drive-up window in a C-5 District, if it complies with all conditions imposed, will not adversely affect pedestrian traffic or create an unsafe pedestrian environment and that the location and design of the drive-up window provides proper on-site vehicle stacking based on peak hours, and minimizes potential circulation issues or other negative impacts to pedestrians or traffic. Recommended conditions of approval submitted to a review body and made available to the public shall not be altered by city staff or any other party prior to the public hearing. The decision body may alter or modify conditions of approval.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: The applicant or an aggrieved party may appeal a decision of the PZC to the Council, pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: A planned unit development permit approval shall lapse after 24 months pursuant to Section 11-03-03.10.


8. Nonconforming Use:

A. Purpose And Applicability: To provide clear and consistent regulations for the establishment, maintenance, expansion and conversion of uses and structures that were legally established but that no longer conform to this Code due to a subsequent ordinance amendment, annexation, change of zoning or similar action.

B. Procedures: Figure 11-03.8 shows the procedural steps in the review of applications for a nonconforming use certificate. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.8
Nonconforming Use Procedure



(1) Step 1: Pre-Application Conference: Required for greater than 20% expansion.

(2) Step 2: Neighborhood Meeting: Required for greater than 20 percent expansion.

(3) Step 3: Application Submittal: Required. CUP application for greater than 20 percent expansion.

(4) Step 4: Notice: Required for greater than 20 percent expansion.

(5) Step 5: Application Processing: The Director shall prepare a statement of findings.

(6) Step 6: Public Hearing: Required for greater than 20 percent expansion.

(7) Step 7: Decision: Required.

(a) The Director shall approve, approve with modifications, or deny an application for a non-conforming use permit requesting establishment or expansion of the use by not more than 20 percent pursuant to Section 11-03-03.7.

(b) The Hearing Examiner or the PZC shall approve, approve with modifications, or deny an application for a non-conforming use expansion of greater than 20 percent pursuant to Section 11-03-03.7.

(c) See Chapter 11-011, Nonconformance for criteria.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: The applicant or an aggrieved party may appeal a decision of the Director to the PZC, or a decision of the PZC to the Council, pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: A non-conforming use status shall lapse as indicated in Chapter 11-011, Nonconformance.


9. Sign Permit:

A. Purpose: To allow review and approval of signs in conformance with the sign regulations of this Code.

B. Applicability: Except as otherwise provided in this Code, it shall be unlawful to erect, construct, enlarge, move, or convert any sign without first obtaining a sign permit. A permit shall not be required for a change of copy on a sign, nor for the repainting, cleaning, or other normal maintenance or repair for which a permit has previously been issued provided that the sign or sign structure is not altered in any way.

C. Procedures: Figure 11-03.9 shows the procedural steps in the review of applications for a sign permit. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.9
Sign Permit Procedure



(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal: The applicant shall submit an application pursuant to Section 11-03-03.3 and this Section.

(4) Step 4: Notice: Not required.

(5) Step 5: Application Processing: Required.

(6) Step 6: Public Hearing: Not required.

(7) Step 7: Decision: Required.

(a) Unless otherwise indicated in this Section, the Director shall approve or deny a sign permit application within five days.

(b) The Hearing Examiner or the PZC shall decide a sign permit application for an off-premise sign or a sign variance.

(c) See Chapter 11-010, Sign Standards.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: The applicant or an aggrieved party may appeal a decision of the Director to the PZC, or a decision of the PZC to the Council, pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: Approval shall lapse after one year.


10. Temporary Use Permit:

A. Purpose: To allow, on a temporary basis, uses of a short term or seasonal nature that are compatible with surrounding uses.

B. Applicability: Any use with a planned duration of 180 days or less.

C. Procedures: Figure 11-03.10 shows the procedural steps in the review of applications for a temporary use permit.The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.10
Temporary Use Permit Procedure



(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal: Pursuant to Section 11-03-03.3.

(4) Step 4: Notice: Not required.

(5) Step 5: Application Processing: Required.

(6) Step 6: Public Hearing: Not required.

(7) Step 7: Decision: The Director shall require guarantees to assure timely removal of temporary uses and of any debris or refuse, so as to restore the premises to its prior condition.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: The applicant or an aggrieved party may appeal the decision of the Director to the PZC pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: Shall lapse upon expiration of permit.


11. Zoning Certificate/Approval Criteria For Other Administrative Applications:

A. Purpose: To allow for review and approval of uses and to ensure compliance of each use with the applicable standards and regulations of this Code and for consistency with the intent and purpose of the Comprehensive Plan.

B. Applicability:

(1) Required: A zoning certificate shall be required for every permit affecting the use of land or development of a structure, except for minor accessory uses not requiring any other permit or license.

(2) Prohibited: No zoning certificate shall be issued, granted or approved for multi-family residential use, child care facility, school, manufactured home community or mobile home park unless all irrigation ditches, laterals and canals crossing, intersecting and lying adjacent, or contiguous to, such uses are covered or fenced. Upon application, the Commission or Council may waive this restriction in whole or in part if it is found that covering or fencing will not serve the public purpose in an individual case.

C. Procedures: Figure 11-03.11 shows the procedural steps in the review of applications for a zoning certificate and administrative applications. The common procedures of Section 11-03-03 shall apply, with modifications as indicated within the respective use regulation standards.


Figure 11-03.11
Zoning Certificate Procedure



(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal: Required. Every application for a permit or license affecting the use of land or of a structure shall be deemed to be also an application for a zoning certificate. In the case of a new use where no other permit or license is required, an application for a zoning certificate shall be filed on a separate form.

(4) Step 4: Notice: Not required.

(5) Step 5: Application Processing: Required.

(6) Step 6: Public Hearing: Not required.

(7) Step 7: Decision: The Director shall approve, approve with conditions, or deny each application pursuant to Section 11-3-03.7 and this Section.

Uses classified as "A*" on the use table in Chapter 11-06-01 of this ordinance are allowed uses but require administrative review. The review of "A*" uses for which specific approval criteria are not provided shall be based on the general conditional use approval criteria set forth in Section 11-03-04.6(C)(7).

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: The applicant or an aggrieved party may appeal the decision of the Director to the PZC pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: Applicable. A zoning certificate approval shall become void whenever the building permit or license either lapses or is revoked, or whenever the use of occupancy specified has ceased to exist, or has been suspended for 180 calendar days or longer. An administrative approval shall be valid for two years from the date of approval.


12. Design Review:

A. Purpose:


(1) Ensure the general appearance of development is in compliance with the Comprehensive Plan.


(2) Enhance important environmental features of the city and the physical characteristics of the land; and


(3) Ensure the orderly and harmonious development of the community.

B. Applicability


(1) D and DD Districts Within the D and DD Districts, any visible exterior improvement to a site, building, or structure shall require design review.

(a) Detached single-family residential uses are exempted from the requirements of this chapter, except as allowed per Section 11-06-03.03 for development on substandard original lots of record.

(b) Approval may be issued in the form of a Zoning Certificate or as part of a building permit for the following types of work as determined by the Planning Director:

i. Awnings and canopies

ii. Building additions or accessory buildings less than 200 square feet

iii. Minor landscape or parking lot revisions

iv. Minor repairs which do not result in discernable changes

v. Painting

vi. Patios/decks

vii. Roof/fascia changes

viii. Window/door modifications

(c) Accessory single-family residential parking areas containing more than three parking spaces within D overlay districts shall be subject to administrative design review.


(2) Minor Design Review: The following design review applications are considered minor and may be reviewed by the Director.

(a) In D Districts

i. A two story or less residential building containing two to six units.

ii. A residential planned unit development of less than 50 dwelling units that has been approved by the PZC.

iii. An office or commercial building not exceeding 5,000 square feet gross floor area that is not adjacent to a residential district or use.

iv. An industrial building not exceeding 10,000 square feet gross floor area that is not adjacent to a residential district or use.

v. A non-residential planned unit development less than two acres in size that has been approved by the PZC.

vi. Signs.

vii. Modification to an existing building.

viii. Parking lots.

ix. Modifications to approved plans as per Step 8, Modification.

(b) In all DD Districts

i. All minor alterations to existing buildings.

ii. Signs designed in conformance with the provisions of the sign regulations.

iii. Parking lots.

iv. Any canopies and awnings.

C. Procedures: Figure 11-03.12 shows the procedural steps in the review of applications for design review. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.12
Design Review Procedure


(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required except for substandard lot applications.

(3) Step 3: Application Submittal: Applications that are for new buildings or building additions greater than 200 sq. ft. shall be prepared by, or under the direct supervision of, a duly licensed architect who shall be clearly identified on such designs, unless exempted under Idaho Code, Section 54-306.

(4) Step 4: Notice: Applicability shall be as follows:

(a) Required when the DRC holds a public hearing for design review. The Director shall provide notice pursuant to Section 11-03-03.4 and this Section.

(b) When the Director has decision authority as indicated in Step 7, decision, no hearing notice is required. However, if it is determined that there is a potential for adverse impact, the Director shall send a copy of the approval letter to adjacent property owners and residents (including those across a street or alley) informing them of the decision and of the right to appeal.

(5) Step 5: Application Processing: Pursuant to Section 11-03-03.5, the Director shall:

(a) Determine whether the application meets the criteria for administrative review or must be reviewed by the DRC ;

(b) Refer the application to other agencies; and

(c) Prepare a report with findings and a decision.

(6) Step 6: Public Hearing: Required, except when the Director has decision authority as indicated in Step 7, decision. The DRC shall hold public hearings pursuant to Section 11-03-03.6.

(7) Step 7: Decision: Decision authority is as follows:

(a) D, C, Or DC Designations: Except for minor design review applications, approvals shall be granted by the DRC.

(b) Limitations Of Design Review Authority: Except for development on substandard lots of record, the DRC is prohibited from requiring reductions in height, density or floor area ratio, or other general bulk regulations unless for reasons public safety, health, or diminution of property values.

(c) Findings:

i. Site Design:

A. Traffic Impact: That traffic impact is minimized and the pedestrians and cyclists have been provided for through the use of sidewalks, pathways, landscaping, and safe parking lot design.

B. Landscaping, Stabilization, And Screening: That landscaping screens buffer adjacent uses, and screen or conceal unsightly areas.

C. Grading And Drainage: That on-site grading and drainage have been designed so as to minimize off-site impact and provide for erosion control.

D. Signage: That signs provide for business identification, minimizes clutter, and comply with the sign regulations.

E. Utilities: That utility systems do not detract from building design and that their size and location are appropriate and maintainable.

ii. Structure Design: The design (architecture) of buildings in the D and DD districts shall be in accordance with the following:

A. Building Mass: The building mass should be consistent with development in the immediate area.

B. Building Facades: The height to width relationship should be compatible and consistent with the architecture in the area.

C. Openings In The Facades: Openings in the facade shall be consistent with the architecture in the area. (For example, balconies, bays, and porches are encouraged with a minimum of monotonous flat planes to provide shadow relief).

D. Exterior Materials: Exterior materials that complement surrounding development in terms of color and relief should be utilized.

E. Commercial/Industrial Buildings Adjacent To Residential: The design shall minimize impacts on adjoining (including across a street or alley) residential uses and districts.

iii. Adopted Plans And Design Guidelines: Adopted plans and design guidelines in the appendix, including the Citywide and Downtown Design Standards and Guidelines as adopted by the City Council, are to be used in reviewing applications.

(8) Step 8: Modification: Applicable.

(a) Minor Modification: The following minor modifications may be approved by the Director:

i. Modifications to administrative design reviews.

ii. Relocation of building pads or dwelling units provided that the modification does not significantly alter the site in terms of parking layouts, vehicular circulation, landscaping, etc.

iii. Increase or decrease in a setback in compliance with Code.

iv. Change in materials, colors, window and door locations, and mechanical units, provided building design remains essentially the same.

v. Modification to a recreation area or open space design, but not to include a significant reduction in area or elimination.

vi. A change in landscape design or plant types, minor parking lot revisions, or minor site revisions.

(b) Major Modification: The following major modifications must be approved by the DRC:

i. Those impacting an adjoining residential neighborhood.

ii. Any that was a subject of appeal.

iii. Those that would, in the opinion of the Director, significantly alter site or building design.

iv. Modification of a condition of approval.

(9) Step 9: Appeal: Applicable.

(a) Appeals of Director decisions are to the DRC, and DRC appeals are to the PZC pursuant to Section 11-03-03.9.

(b) Grounds for an appeal may include:

i. Inconsistency with the purpose and objectives of this Code;

ii. Unreasonable economic hardship;

iii. Undue interference with the design integrity of the proposal;

iv. Discriminatory prevention of an allowed land use; and

v. Prohibition or unwarranted restriction of building type, material, or method.

(c) A waiver of the appeal period may be required in accordance with Section 11-03-03.9.B(5).

(10) Step 10: Term Of Approval: A design review permit shall lapse after 24 months pursuant to Section 11-03-03.10.


13. Exception:

A. Purpose: To allow certain uses that are not permitted in a given district per the use table, but that with special consideration and under certain conditions, may be of equal or less impact than allowed uses and benefit the immediate community. Special exceptions are also intended to promote infill.

B. Applicability:

(1) General Exception:

(a) A general exception is intended to allow cohesive development of a mixed zoned project by allowing the predominate zone to apply to the entire project.

(b) When a lot or parcel has one half or less of its area in a district more restrictive than the remainder, the Commission may permit the regulation of the less restrictive district to be applied to the entire lot or parcel. More than one property owner may combine lots or parcels as a planned development and receive consideration.

(c) Where a lot located in an R-1A, R-1B, R-1C or R-2 District has a lot line that abuts property zoned for multi-family, commercial or industrial uses, the Commission may permit up to 75-feet of adjoining portion of such lot to be used for any use permitted in the Multi-Family R-3 District.

(2) Special Exceptions:

(a) A Special Exception is intended to allow uses of equal or lesser impact than those permitted in the district and shall not increase density in a residential district.

(b) A Special Exception shall be non-transferrable through assignment, sale or other means of conveyance without written acknowledgement by the assignee, purchaser or conveyee in writing of agreement to be bound by conditions which were set forth in the approval of the application pursuant to Section 11-03-04.13. Special Exceptions shall not be considered as establishing binding precedent upon the City. A Special Exception shall become void if not utilized within 18 months of issuance, or if the authorized use is abandoned for more than a period of 6 months.

C. Procedures: Figure 11-03.13 shows the procedural steps in the review of applications for an exception.The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.13
Exception Procedure



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required.

(3) Step 3: Application Submittal: Required.

(4) Step 4: Notice: Required.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing(s): Required.

(a) For special exceptions, the PZC shall hold a public hearing and make a recommendation to Council. For general exceptions, the PZC shall render the final decision.

(b) The Council shall hear the application pursuant to Section 11-03-03.6.

(7) Step 7: Decision: Decision authority shall be as follows:

(a) PZC Approval: The PZC may approve general exceptions based on the conditional use criteria in Section 11-03-03.7.

(b) City Council Approval: Special exceptions shall be decided by the Council pursuant to Section 11-03-03.7 on recommendation from the PZC.

(c) Approval Criteria For Special Exceptions: The PZC must make the following findings to recommend approval of a special exception:

i. The Code does not anticipate that the use could be in the zone under special circumstances (the "special circumstances" must be specified);

ii. The use will produce an equal or reduced impact upon the site or neighborhood than would an allowed use;

iii. The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation and service facilities in the vicinity;

iv. The site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls, fences, parking, loading, landscaping, and such other features as are required by this Code;

v. Proper zoning for the proposed use is not available in the general neighborhood;

vi. The proposed use is in compliance with and supports the goals and objectives of the Comprehensive Plan.

(d) Conditions: The PZC may make recommendations as to specific conditions that would allow establishment of the proposed use in manner so as to be compatible with the neighborhood.

(8) Step 8: Modification: Applicable. Modifications for a general exception may be approved by the PZC in accordance with the procedures and findings for a CUP modification. Modifications for a special exception go directly to Council for approval.

(9) Step 9: Appeal: Not applicable, except for decisions of the PZC on general exceptions. The applicant or an aggrieved party may appeal a decision of the PZC to the Council pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: An exception approval shall lapse if not utilized after 18 months of issuance, or, once utilized, if the authorized use is abandoned for more than a period of six months.


14. Variance:

A. Purpose And Applicability: A variance shall not be considered a right or special privilege but may be granted upon a showing of undue hardship because of characteristics of the site, unique circumstances relating to the intended use, and that the variance is not in conflict with the public interest. The PZC may grant a variance as part of a conditional use permit without requiring a separate application and hearing as long as notice and findings requirements in this section are made. The Planning Director may grant variances where it can be shown that strict application of these standards may create an undue hardship or where there is an exceptional circumstance related to the intended use of the property and where there is no opposition. Conditions may be attached to the granting of a variance to prevent adverse impact to surrounding properties.

B. Administrative Variances:

(1) Director Authority: The Director may grant variances to the standards of this title where it can be shown that strict application of this ordinance creates an undue hardship or where there is an exceptional circumstance related to the intended use of the property and where there is no opposition. Conditions may be attached to the granting of a variance to prevent adverse impact to surrounding properties.

(2) Scope Of Administrative Variances: Requests for relief from the following may be considered under the administrative variance process:

(a) Fence and wall height.

(b) Sign variances as defined in Section 11-03-04.14.C(7)(c).

(c) Any variance in a residential zone that is not associated with a project requiring conditional use approval.

(d) Dimensional standards in non-residential zones, including setbacks that vary no more than 35 percent from the zone standard.

(3) Application: Applications must include the following:

(a) A completed variance application form and supporting information.

(b) The appropriate fee.

(c) A written document bearing the signatures and addresses of all owners and residents of adjacent properties (including across streets or alleys) indicating no objections to the variance.

(4) Opportunity To Be Heard: The Director shall cause a notice to be sent to adjacent owners and residents and the neighborhood association inviting comments on the request within ten calendar days. If adverse comments are received, the Planning Director may not consider the variance application. If no adverse comments are received, the Planning Director shall decide the issue within 21 days of acceptance of the application.

(5) Appeals: An appeal of an administrative decision by the Director shall follow the procedures as set forth in Section 11-03-03.9, Appeals.

C. Procedures: Figure 11-03.14 shows the procedural steps in the review of applications for non-administrative variances.The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.14
Non-Administrative Variance Procedure



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required. Only the residents immediately adjacent (including those across a roadway, street, or alley) project and the registered neighborhood association need be notified.

(3) Step 3: Application Submittal: Required.

(4) Step 4: Notice: Required. The Director shall provide notice for advisory and decision hearings pursuant to Section 11-03-03.4, except as indicated in this Section. Mailed notice for a variance is required only to the applicant and to each property owner, purchaser of record, or resident within the subject property and adjoining the subject property (including those properties across a street, alley, canal, or other right-of-way).

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report and recommendation pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing: Applicable. The Hearing Examiner or the PZC shall hold a public hearing pursuant to Section 11-03-03.6 and this Section.

(7) Step 7: Decision:

(a) The Hearing Examiner or the PZC shall render a final decision.

(b) Approval Criteria, All Variance Applications: A variance may be granted when it is found that:

i. There is either a hardship associated with the property itself or an exceptional circumstance relating to the intended use of the property that is not generally applicable in the district;

ii. Granting of the variance will not be in conflict with the Comprehensive Plan and will not affect a change in zoning; and,

iii. Granting of the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment thereof.

(c) Additional Approval Criteria, Sign Variance: A sign variance is a modification of the sign standards for background area, height, illumination, number, location, projection and clearance prescribed in the sign regulations. In addition to the approval criteria for variances in Subsection (b), above, when granting a sign variance it shall be established that:

i. A sign variance may not be applied to sign that is prohibited.

ii. Non-conforming signs in the vicinity surrounding the subject site may not be used as justification for a special circumstance.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal

(a) The applicant or an aggrieved party may appeal a decision of the Hearing Examiner or the PZC to the Council pursuant to Section 11-03-03.9.

(b) The ten-day appeal period may be waived pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: A variance approval shall lapse after 24 months pursuant to Section 11-03-03.10.


15. Annexation:

A. Purpose: The corporate boundary of the city may be expanded whenever the Council deems it to be for the public convenience or necessity or for the general welfare.

B. Applicability:

(1) 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 first 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) There are three categories of annexations. The Director shall determine the category into which an application request falls.

(3) Category A: Annexations in which all private landowners raise no objection to annexations or residential enclaved lands of less than 100 privately owned parcels, irrespective of surface area, that are surrounded on all sides by land within Boise City or that are bounded on all sides by lands within the city's limits and by lands for which owner approval must be given pursuant to 11-03-04.15.B(4)(b)iv of this Section, or that are bounded on all sides by lands within Boise City and by the boundary of the city's Area of City Impact.

(a) Criteria: The City may initiate the planning and zoning procedures set forth in Chapter 65, Title 67, Idaho Code, to establish the comprehensive planning policies, where necessary, and zoning classification of the lands to be annexed.

(4) Category B:

(a) Category B annexations are those in which:

i. The subject lands contain less than 100 separate private ownerships and platted lots of record and where not all such landowners have consented to annexation;

ii. The subject lands contain more than 100 separate private ownerships and platted lots of record and where landowners owning more than 50 percent of the area have evidenced their consent to annexation at the outset of the annexation process; or

iii. The lands are the subject of a development moratorium or a water or sewer connection restriction imposed by state or local health or environmental agencies; provided such lands shall not be counted for purposes of determining the number of separate private ownerships and platted lots of record aggregated to determine the appropriate category.

(b) Criteria: Boise City may annex lands that would qualify under the requirements of Category `B' annexation if the following requirements are met.

i. The lands are contiguous or adjacent to the city limits and lie within the Area of City Impact.

ii. Land division of parcels to be annexed is as follows:

A. The land is laid off into lots or blocks containing not more than five acres of land each, whether the same shall have been or shall be laid off, subdivided, or platted in accordance with any statute of the State of Idaho or otherwise, or whenever the owner or proprietor or any such person by or with his authority has sold or begun to sell off such contiguous or adjacent lands by meets and bounds in tracts not exceeding five acres, or whenever the land is surrounded by the city.

B. Splits of ownership that occurred prior to January 1, 1975, and that were the result of placement of public utilities, public roads or highways, or railroad lines through the property shall not be considered as evidence of an intent to develop such land and shall not be sufficient evidence that the land has been laid off or subdivided in lots or blocks.

C. A single sale after January 1, 1975, of five acres or less to a family member of the owner for the purpose of constructing a residence shall not constitute a sale within the means of this Section. For purposes of this section, "family member" means a natural person or the spouse of a natural person who is related to the owner by blood, adoption, or marriage within the first degree of consanguinity.

iii. A written annexation plan has been prepared and published that is appropriate to the scale of the annexation contemplated and includes, at a minimum, the following elements:

A. The manner of providing tax-supported municipal services to the lands proposed to be annexed;

B. The changes in taxation and other costs, using examples, that would result if the subject lands were to be annexed;

C. The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed;

D. A brief analysis of the potential effects of annexation upon other units of local government that currently provide tax-supported or fee-supported services to the lands proposed to be annexed; and

E. The proposed future land use plan and zoning designations, subject to public hearing, for the lands proposed to be annexed.

iv. In addition to the criteria set forth elsewhere in this Section, annexation of the following lands must meet the following requirements:

A. Property owned by Ada County or any entity within the County, that is used as a fairgrounds area under the provisions of Chapter 8, Title 31, Idaho Code, or Chapter 2, Title 22, Idaho Code, must have the consent of a majority of the Board of County Commissioners of Ada County; and

B. Property owned by a nongovernmental entity that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner.

v. After considering the written and oral comments of property owners whose lands would be annexed and other affected persons, the Council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance, the city must make express findings, to be set forth in the minutes of the Council meeting at which the annexation is approved as follows:

A. The land to be annexed meets the applicable requirements of this section and does not fall within the exceptions or conditional exceptions contained in this section.

B. The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the city.

C. The annexation is reasonably necessary for the orderly development of the city.

vi. Notwithstanding any other provision of this section, railroad rights-of-way property may be annexed pursuant to this section only when property within the city limits adjoins or will adjoin both sides of the rights-of-way.

(5) Category C:

(a) Category C annexations are those in which the subject lands contain more than 100 separate private ownerships and platted lots of record and where landowners owning more than 50 percent of the area of the subject private lands have not evidenced their consent to annexation at the outset of the annexation process.

(b) Criteria: Boise Council may annex lands that would qualify under the requirements of Category `C' annexation if the following requirements are met:

i. Evidence of consent to annexation shall be established according to the following procedures:

a. Following completion of all procedures required for consideration of a Category `B' annexation, but prior to enactment of an annexation ordinance and upon an affirmative action by the Council, the city shall mail notice to all private landowners owning lands within the area to be annexed, exclusive of the owners of lands that receive water or sewer service and owners of lands that are subject to a recorded consent to annex. Such notice shall invite property owners to either give written consent or express written opposition to the annexation, include a description of how that consent or opposition can be made and where it can be filed, and inform the landowner where the entire record of the subject annexation may be examined. Such mailed notice shall also include a legal description of the lands proposed for annexation and a simple map depicting the location of the subject lands.

b. Each landowner desiring to consent to or oppose the proposed annexation must submit the consent or opposition, in writing, to the City Clerk by a date specified in the notice, which shall not be sooner than 21 days after the date of the mailing of such notice.

c. After the date specified in the notice for receipt of written consent or opposition, the City Clerk shall compile and present to the Council a report setting forth the total physical area sought to be annexed and the total physical area of the lands, as expressed in acres or square feet, whose owners have consented in writing to the annexation, plus the area of all lands receiving water or sewer service from the city and the area of all lands subject to a recorded consent to annex.

ii. Objections shall be considered, except that:

A. Objections received after the conclusion of the 21-day period shall not be considered unless the late objection is due to the city's failure to follow the procedures provided herein.

B. Objections received from owners of lands subject to a recorded consent to annex, or from owners receiving water or sewer service from the city, shall not be considered objections for purposes of this section.

C. Upon receiving the City Clerk's report, the Council shall review the report and may thereafter confirm whether consent was received from the owners of a majority of the land areas and those providing written consent, in addition to all lands subject to the implied consent provisions set forth herein and those subject to consent of record in the office of the Ada County Recorder. The results of the report shall be reflected in the minutes of the Council. If the report, as accepted by the Council, confirms that owners of more land area have consented to annexation than oppose such annexation, the Council may enact an ordinance of annexation, that shall be published and become effective according to the terms of the ordinance. If the report confirms that owners of more land area oppose annexation than consent to such annexation, the Category `C' annexation shall not be authorized.

(6) Evidence Of Consent To Annexation:

(a) For purposes of this section, prior consent to annex shall be deemed given when:

i. Consent is evidenced by written authorization or approval executed by the owner or the owner's authorized agent.

ii. Implied Consent: In category B and C annexations, valid consent to annex is implied for the area of lands connected to a water or waste water collection system operated by the city if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008.

(b) Written consent to annex lands, if recorded in the Ada County Recorder's office, shall be binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to Boise City.

C. Procedures: Figure 11-03.15 shows the procedural steps in the review of applications for annexation. The common procedures of Section 11-03-03 shall apply, with modifications as indicated below.


Figure 11-03.15
Annexation Procedure



(1) Step 1: Pre-Application Conference: Required.

(2) Step 2: Neighborhood Meeting: Required.

(3) Step 3: Application Submittal: A request for the annexation of property into the city may be initiated by the Council, the PZC, or by property owners or holders of valid purchase. When the annexation request is initiated by the property owner, the PZC may expand or modify the annexation request.

(4) Step 4: Notice:

(a) The Director shall provide notice for advisory and decision hearings pursuant to Section 11-03-03.4 and this Section.

(b) For Category B lands, compliance with the notice and hearing procedures governing a zoning district boundary change as set forth in Section 67-6511, Idaho Code, on the question of whether the property should be annexed and, if annexed, the zoning designation to be applied thereto; provided however, the initial notice of public hearing concerning the question of annexation and zoning shall be published in the official newspaper of the city as designated in Section 1-5-1 and mailed by first class mail to every property owner with lands included in such annexation proposal not less than 28 days prior to the initial public hearing. All public hearing notices shall establish a time and procedure by which comments concerning the proposed annexation may be received in writing and heard and, additionally, public hearing notices delivered by mail shall include a one page summary of the contents of the city's proposed annexation plan and shall provide information regarding where the annexation plan may be obtained without charge by any property owner whose property would be subject to the annexation proposal.

(5) Step 5: Application Processing: The Director shall refer the application to other agencies and prepare a report of findings and recommendations pursuant to Section 11-03-03.5 and this Section.

(6) Step 6: Public Hearing(s): Public hearings shall be as follows:

(a) Planning And Zoning Commission: The PZC shall hold at least one public hearing for each annexation request. The PZC shall file its recommendation with the City Clerk. The PZC's recommendation shall be that the annexation will:

i. Incorporate the Boise sewer planning area;

ii. Honor negotiated area of impact agreements;

iii. Attempt to balance costs of services with anticipated revenues; and

iv. Promote other goals of population balance, contiguous development, and prevention of costs due to leap frog development.

(b) City Council: The Council shall hear an annexation request in a public hearing pursuant to Section 11-03-03.6.

(7) Step 7: Decision: The Council shall render a decision in a public hearing pursuant to Section 11-03-03.7 and this Section. The implementation of a decision to annex shall conclude with the passage of an ordinance of annexation.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal:

(a) The general provisions of Section 11-03-03.9 are not applicable.

(b) In accordance with Idaho Code 67-6526(d), a renegotiation may be initiated by the Boise Council or the Board of Ada County Commissioners.

(10) Step 10: Term Of Approval: An annexation approval does not lapse.


16. Comprehensive Plan Amendment:

A. Purpose And Applicability: The Council may amend the Comprehensive Plan pursuant to this Section in order to address changed conditions, to implement changes in public policy, or to advance the general welfare.

B. Procedures: Figure 11-03.16 shows the procedural steps in the review of applications for a comprehensive plan amendment. The common procedures of Section 11-03-03 shall apply, with modifications as indicated in this Section. The PZC may recommend amendments to the Land Use Map component of the Comprehensive Plan not more frequently than every six months. Amendments to the text of the plan may be recommended by the PZC at any time.


Figure 11-03.16
Comprehensive Plan Amendment



(1) Step 1: Pre-Application Conference: Required for area specific map amendments.

(2) Step 2: Neighborhood Meeting: Required for area specific map amendments.

(3) Step 3: Application Submittal: Required. The Director shall establish deadlines for comprehensive plan amendment applications.

(4) Step 4: Notice: Required for area specific map amendments.

(5) Step 5: Application Processing: Required. Criteria as follows:

(a) The Director shall prepare a report indicating whether the proposed amendment is consistent with the other elements of the Comprehensive Plan; the predicted effect of the proposed development on the future growth of the city and the existing goals, objectives, and policies of the Comprehensive Plan; and listing any revisions to this Code that would be needed to implement the proposed amendment.

(b) No amendment to the Comprehensive Plan may be recommended by the PZC or approved by the Council unless such amendment is consistent with the other elements of the Comprehensive Plan and the Comprehensive Plan Land Use Map, or where the other components of the plan are changed to create internal consistency.

(6) Step 6: Public Hearing(s):

(a) The PZC shall hear each application and prepare a recommendation to the Council.

(b) The Council shall render a final decision.

(7) Step 7: Decision: The Council may approve a Comprehensive Plan amendment based on the following criteria:

(a) Is required for the public convenience or necessity, or for the general welfare of the community;

(b) Is necessary to address changes in conditions within the community that have occurred since the Boise City Comprehensive Plan was adopted or is necessary to correct one or more goal, objective, or policy that exist in the plan;

(c) Is in compliance with and will further the goals, objectives, and policies of the Boise City Comprehensive Plan;

(d) Will not create inconsistencies between the goals, objectives, and policies within or between any chapter of the Boise City Comprehensive Plan; and

(e) Will not place an undue burden on transportation or other public facilities in the planning area, and does not adversely impact the delivery of services by any political subdivision providing services.

A comprehensive plan amendment shall become effective when enacted by resolution by the Council.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: A decision of the Council is final.

(10) Step 10: Term Of Approval: A comprehensive plan amendment approval does not lapse.


17. Hillside Development Permits:

A. Purpose And Applicability: To ensure development of sloped land occurs in a manner consistent with Comprehensive Plan goals and objectives. Applies to any development proposal for properties when any topographical slope exceeds fifteen percent or where adverse conditions associated with slope stability, expansion soils, high water table and springs, erosion or sedimentation are present as determined by the Director or City Engineer.

B. Procedures: Figure 11-03.17 shows the procedural steps in the review of applications.


Figure 11-03.17
Hillside Development Procedure



(1) Step 1: Pre-Application Conference: Not required.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal: Required except for Category I.

(4) Step 4: Notice: Required.

(a) Category I - no notice required.

(b) Category II - approval notice mailed to owners within a minimum of 300' radius.

(c) Category III - public hearing notice shall be sent in compliance with Section 11-03-03.4.

(5) Step 5: Application Processing:

(a) Category I is processed as part of building permit application.

(b) For Category II and III the Director shall refer the application to other agencies and prepare a report pursuant to Section 11-03-04.17(4) for Category III applications.

(c) Category III - a public work session shall be held approximately 33 days after acceptance of application.

(6) Step 6: Public Hearing(s): Category III - a public hearing is required pursuant to Section 11-03-03.6.

(7) Step 7: Decision: The PZC may approve a Hillside development based on the following criteria:

(a) The proposed development is in compliance with the technical requirements of Section 11-07-08 including those related to grading, drainage, hazardous areas, revegetation, preservation of outstanding and unique features; and

(b) The proposed development, if it complies with all conditions imposed, will not adversely affect other property in the vicinity; and

(c) The land itself is capable of the volume and type of development proposed as determined by geological, hydrological and soils engineering analysis; and

(d) The project does not create a potential hazard of flooding, soil instability, fire, erosion, etc.

(e) The proposal complies with all requirements of the Zoning Ordinance for foothills gulches including the requirements of Section 11-07-08 and the Floodway and Floodplain Ordinance.

(8) Step 8: Modification: Applicable.

(9) Step 9: Appeal: As per 11-03-03.9.

(10) Step 10: Term Of Approval: A hillside approval shall lapse after 36 months.


18. Floodplain Permits:

A. Purpose And Applicability: To promote public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas.

B. Procedures: Figure 11-03.16 shows the procedural steps in the review of applications.


Figure 11-03.16
Floodplain Permit


(1) Step 1: Pre-Application Conference: Required for variance to floodplain application only.

(2) Step 2: Neighborhood Meeting: Required for variance to floodplain application only.

(3) Set 3: Application Submittal: Required.

(4) Step 4: Notice: Required per Section 11-03-03.4 for variances.

(5) Step 5: Application Processing: Must be processed concurrently with other development applications.

(a) Any request for an allowed or permitted use or structure within the floodplain, shall be reviewed and acted upon by the Director.

(b) For variance requests the application is referred to other agencies and report prepared pursuant to Section 11-03-03.5.

(6) Step 6: Public Hearing: Required for variance request only. Heard by PZC.

(7) Step 7: Decision: Per Chapter 11-08 Flood Hazard Regulations.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal: Appeal of applications is per Section 11-03-03.9.

(10) Step 10: Term Of Approval: Approval shall lapse after 24 months.


19. River System Permits:

A. Purpose And Applicability: To protect public health, safety and general welfare and implement the Comprehensive Plan and the Boise River Plan. The regulations of this District shall apply to all lands and waters and all aquatic, wetland, riparian and upland environments within the jurisdiction of Boise City that lie:

(1) Within the 100-year Floodplain boundaries adjacent to the Boise River, or

(2) Within the Setback Lands and Waters (Section 11-05-06.1.E), or

(3) Within Class A, Class B and Class C areas covered by Section 11-05-06.1.E.

B. Procedures: Figure 11-03.19 shows the procedural steps for this application.


Figure 11-03.19
River System Permits



(1) Step 1: Pre-Application Conference: Not Required.

(2) Step 2: Neighborhood Meeting: Not Required unless application determined to be complex by Director.

(3) Step 3: Application Submittal:

(a) Required.

(b) Conceptual Applications may be submitted as follows:

i. A concept approval request must be accompanied by an entitlement application for the intended use. A concept approval is a statement by the City of Boise that a general development plan including the general arrangement of uses, open spaces, location of streets and other infrastructure, etc. is acceptable.

ii. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of preparing detailed plans and studies until after the concept approval.

iii. Applications shall include at least the following:

A. Location of floodway and floodplain boundaries,

B. The 6500 cfs flow line,

C. Greenbelt (70'), eagle habitat (200') setbacks and delineation of all setback lands and waters,

D. Visible wetlands and surface features.

E. Each phase of a concept approval requires a detailed Boise River System permit.

(4) Step 4: Notice: Property owners and residents on both sides of the river or channel 500' upstream and 1000' downstream shall be noticed in accordance with the agency referrals and timelines set forth in Section 11-03-03.4.

(5) Step 5: Application Processing:

(a) Parks Board review is required when it is adjacent to or includes the Greenbelt setback lands and waters.

(b) Extended review may be required.

(c) Concurrent review of related applications is required.

(6) Step 6: Public Hearing: Public hearing is required pursuant to Section 11-03-03.6 unless decision made by Director.

(7) Step 7: Decision:

(a) Decision authority rests with the PZC except the Director may approve applications that:

i. Do not affect more than 100 lineal feet of river bottom or bank, nor more than one-half acre of Class A or B lands; and,

ii. Do not materially alter, fully restores, or enhances the existing surface and groundwater hydrology, soils, plant and animal communities and habitats present within or adjacent to the project; and,

iii. Provide for the maintenance of storm water detention/sedimentation basins and stabilization structures.

(b) Approval Criteria:

i. The proposed development is in compliance with the applicable Standards for Uses in Class A, B or C lands and waters.

ii. The proposed development complies with all the policies and standards of the Boise Comprehensive Plan, the Boise River Plan, the Floodplain Ordinance and the Boise River System Ordinance.

iii. The proposed development includes measures designed to insure that natural resources functions and values are preserved or enhanced and maintained.

iv. The proposed development complies with or shall comply with all local, State and Federal laws and regulations.

(8) Step 8: Modification: Applicable.

(9) Step 9: Appeal: Applicable pursuant to Section 11-03-03.9.

(10) Step 10: Term Of Approval: Approval shall lapse after 24 months unless otherwise conditioned.


20. Certificate Of Appropriateness:

A. Certificate Of Appropriateness Required For Alteration, Demolitions Or Relocations, Changes In Zoning Classification Or Changes In Use In Historic Districts Or Historic Districts-Residential:

(1) Alterations In Historic Districts:

(a) General Rule:

i. After the designation by ordinance of an historic district, no exterior feature, as defined within this chapter, of any building, site, structure or object (including, but not limited to, walls, pavement or other appurtenant features), nor above ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a Certificate of Appropriateness has been submitted and approved by the Commission.

ii. A certificate will be required whether or not a Building Permit is required, and a Certificate of Appropriateness must be granted in all cases before an applicant can obtain any other permit.

iii. Confirmation Of Classification - As part of the application process for a Certificate of Appropriateness, the Planning Staff shall confirm the contributing or non-contributing classification of the property based on the criteria set forth in the definitions of Section 11-012-04. In the event that the property's level of significance may have changed since the last survey, staff shall prepare a report stating why the property should be reclassified and provide a copy to the applicant. A change in classification shall be subject to approval in accordance with Section 11-05-09.7 by vote of the Commission prior to considering the applicant's request for a Certificate of Appropriateness.

iv. The Commission may delegate to the Planning Director review of Certificates of Appropriateness that are listed as "staff level" under the Certificate of Appropriateness Matrix adopted by the Historic Preservation Commission and are in compliance with the design guidelines on file in the Planning and Development Services Department.

(b) Exceptions: No Certificate of Appropriateness is required for the following items:

i. Interior arrangement of any building or structure.

ii. Temporary structures and features that do not remain in existence for a time period greater than a total of 45 days in any consecutive 12 month period.

iii. A site or building improvement that does not require a certificate in the Certificate of Appropriateness Matrix as adopted by resolution by the Historic Preservation Commission and on file in the Planning and Development Services Department.

(2) Demolition Or Relocation In Historic Districts Or Historic Districts-Residential: After the designation by ordinance of an historic district, or historic district - residential, no building, site, structure or object which is a part of such district shall be demolished or moved until after an application for a Certificate of Appropriateness relating to the demolition or moving of such building, site, structure or object has been submitted to and approved by the Commission. A certificate will be required whether or not a Building Permit is required and a Certificate of Appropriateness must be granted in all cases before an applicant can obtain any other permit required for the demolition or moving of any building, site, structure or object which is part of an historic district or historic district - residential.

(3) Change In Zoning Classification Or Change In Use In Historic Districts Or Historic Districts-Residential: Any change in zoning classification or change in use that requires a Conditional Use Permit or Administrative Review as set forth in Chapter 11-04, Zoning Districts or a Record of Survey as required by Section 11-03-04.5 within a designated Historic District or Historic District - Residential shall first require approval of a Certificate of Appropriateness.

B. Procedures: Figure 11-03.20 shows the review procedure. The common procedures of Section 11-03-03 shall apply, with modifications as indicated in this Section.


Figure 11-03.20
Certificate of Appropriateness


(1) Step 1: Pre-Application Conference: Required. For applications that will be heard by the Historic Preservation Commission, the applicant is required to do the following prior to submittal of the application: Not more than 6 months, nor less than one day prior to submittal of the application, hold a pre-application staff conference(s) with the Planning Director and invited referral agencies. The staff must complete a pre-application conference verification form provided by the Director during the conference, have the applicant sign it, obtain the Director's signature, and the applicant shall submit it with the application.

(2) Step 2: Neighborhood Meeting: Not required.

(3) Step 3: Application Submittal:

(a) General Rule: Required. An application for a Certificate of Appropriateness shall be submitted by the owner of the property, or by a representative of such person, on a form designated by the Commission and containing such information as required by the Commission.

(b) Demolition Or Relocation: Required. For any application seeking Demolition or Relocation the applicant shall provide the following:

i. A written statement as to why the building, site, structure or object should be demolished.

ii. Photographs of the building, site, structure or object to be demolished, as well as of adjacent properties.

iii. If the applicant wished to be considered for 11-03-04.20.B.7(b)iii.A.4 under Section Demolitions or Relocations - Findings they shall provide the following additional information:

A. Two written reports, prepared by licensed design professionals appropriate to the nature of the project, at least one of which shall be disinterested, stating the structural soundness of the building or structure proposed for demolition and suitability for reuse.

B. An analysis of the cost to rehabilitate existing structure plus construct the additional square footage and other goals of the application. These costs shall be completed to the cost of demolishing any existing structures and the equivalent new construction by a licensed design professional appropriate to the nature of the project.

(4) Step 4: Notice:

(a) Commission Action: Required.

(b) Staff Level Action: Required. Within 2 calendar days of the decision, the Planning Director shall notify, in writing, the applicant, property owners and residents adjacent to the parcel (including those properties across a street, alley, canal or other right-of-way) and the registered neighborhood association informing them of the action taken and their right to appeal. Notification shall be deemed complete on the date notice is provided to the U.S. Postal Service.

(5) Step 5: Application Processing: Required.

(6) Step 6: Public Hearing(s): Required. Prior to approval or denial of a Certificate of Appropriateness, the Commission shall schedule a public hearing and 14 calendar days prior to the hearing, notice shall be mailed to the applicant, to the property owners and residents within 300 feet of the exterior boundary of the parcel under consideration and to the registered neighborhood association.

(7) Step 7: Decision:

(a) Action By The Commission: The Commission shall make every effort to act on an application in accordance with the applicable findings cited in Section 11-03-04.20.B.7(b) within six weeks (42 days) based upon published cut-off and hearing dates. An application shall be deemed to have been approved and a favorable Certificate of Appropriateness shall be issued by the Commission unless one of the following occurs on or before the 42nd day if:

i. A hearing cannot be held due to lack of a quorum;

ii. If the Commission makes a specific finding at the public hearing that there is good cause to continue the application. Good cause includes, but is not limited to, lateness of the hour, or a determination by the Commission that the submitted materials are incomplete to make a well informed decision on the application.

iii. Approvals - If the Commission determines the proposed request is appropriate, it shall approve such application with its reasons for the decision and any applicable Conditions of Approval and shall issue to the applicant a Certificate of Appropriateness.

iv. Denials - If the Commission determines that a Certificate of Appropriateness should not be issued, it shall place upon its records the reason for such determination and shall notify the applicant in writing of its reasons and recommendations, if any, as to what actions could be taken in order to obtain a certificate.

(b) Findings For Granting A Certificate Of Appropriateness: The Commission shall review each application with the findings outlined below as pertain to the request for a Certificate of Appropriateness. The Commission may attach Conditions of Approval to the application to insure compliance with the findings. Modifications to the applications may be submitted and will be considered at a staff level. In reviewing the modification the Planning Director will utilize the original findings under which the application was reviewed to ensure the project still complies with the requirements for a Certificate of Appropriateness.

i. General Findings: The Commission shall find that the design of the project is consistent with the following plans and guidelines that apply to the property:

A. 1993 Downtown Boise Plan;

B. Urban Renewal Plans, including, but not limited to:

1) River Myrtle - Old Boise Urban Renewal Plan.

2) Westside Downtown Urban Renewal Plan.

C. Design Guidelines for Residential Historic Districts;

D. Boise City Historic Preservation Plan (dated July 1979);

E. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings (The Secretary of the Interior's Standards);

F. A Field Guide to American Houses by Virginia & Lee McAlester;

G. American Vernacular Design 1870-1940 An Illustrated Glossary by Herbert Gottfried and Jan Jennings; and

H. Design Guidelines for Commercial Historic Districts with the Secretary of the Interior's Standards for Historic Preservation August 2009.

ii. Alterations - Findings: The Commission's decision in regard to Certificates of Appropriateness for alterations, as described in Section 11-03-04.20.A(1), shall be based on the following findings as applicable to that property:

A. That the request is consistent with the Design Guidelines for Boise City's Historic Districts;

B. That the request is consistent with the Boise City Design Guidelines for Residential Historic Districts;

C. That the request is consistent with The Secretary of the Interior's Standards for Rehabilitation, or other standards as applicable (preservation, restoration or reconstruction);

D. That the request supports the goals, objectives and policies of the Boise City Comprehensive Plan and the plans referenced therein;

E. That based on the adopted design guidelines the request will not be incongruous with the historical, architectural, archeological, educational or cultural aspects of the district; and

F. That the request complies with the dimensional standards and other applicable requirements of Title XI (Zoning Ordinance) including, but not limited to, setbacks, height restrictions and parking requirements unless the Commission finds that modifying those standards is necessary to protect the overall characteristics of the district and to comply with the adopted design guidelines.

iii. Demolitions Or Relocations - Findings:

A. Approval By Commission: In order for the Commission to approve a demolition or relocation request at least 3 out of the 5 following findings must be met:

1) That the building, site, structure or object is not classified as contributing within the district as stated on the survey form on file in the Planning and Development Services Department.

2) That the building, site, structure or object cannot reasonably meet National, State or Local criteria for designation as an historic property.

3) That demolition of the building, site, structure or object would not have an adverse impact on the character of the district and/or the adjacent properties.

4) That the owner has reasonably demonstrated that rehabilitation of the building, site, structure or object would not be economically practical, realistic or viable based on review of the information required in Section 11-03-04.20.B.3(b)iii shall to be provided by the applicant at the time the request for a Certificate of Appropriateness is submitted.

5) That plans have been submitted to redevelop the property if the demolition proceeds and such plans will have a positive effect on the district and/or adjacent properties. The size, scale, use, materials and/or overall design of the project may be considered as qualities for producing a positive effect.

B. Approval By Staff: In some instances a Certificate of Appropriateness for demolition of a structure may be granted at a staff level if the following findings can be made:

1) The Commission has granted a partial demolition, has approved the replacement structure and the plans for the replacement structure remain the same; and

2) The Building Official deems in writing that a full demolition is necessary for life safety and there are no other cost effective alternatives.

iv. Change In Zoning Classification Or Change In Use - Findings: The Commission's decision in regard to Certificates of Appropriateness for a change in zoning classification or a change in use as described in 11-3-04.20.A(3) above shall be based on the following findings:

A. That the request supports the Boise City Comprehensive Plan goals, objectives and policies contained within Chapter 5/Parks, Recreation and Cultural Resources, and the applicable neighborhood plans; and

B. That the request will be congruous with the historical, architectural, archeological, educational or cultural significance of the district.

v. "HD" Overlay Zone - Findings: For projects within an "HD" overlay zone, the following objectives and findings, in addition to those cited under Section 11-03-04.20.B.7(b), shall be considered where applicable to the proposal:

A. Objective - Site Design: The application shall be reviewed by the Commission to determine compatibility and impact both on and adjacent to the site as it relates to access, parking lot design, landscaping, grading and storm drainage, and other development of the site. To accomplish said objective, the Commission shall coordinate design input and requirements from other agencies. The decision of the Commission with regards to site design shall be based upon the following findings as they relate to historic preservation:

1) Finding 1: Traffic Impact, Pedestrian And Bicyclist Provisions: That the site design minimizes impact of traffic on adjacent streets and that the pedestrian and bicyclist have been provided for by requiring sidewalks, landscaping and safe parking lot design as appropriate.

Considerations Relative to Finding 1:

• The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods.

• The layout of the site with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns.

• The design of off-street parking facilities as they relate to access points, building location and total site development to prevent traffic conflict or congestion.

• The location, arrangement and dimensions of truck loading ramps, docks and bays and vehicle service facilities.

• The coordination of the site development with planned right-of-way alignments, acquisitions and street improvements.

2) Finding 2: Landscaping: That the proposed landscaping enhances the historic district and neighborhood with attributes that include, but are not limited to, protection of desirable existing trees, provision of street trees and adequate screening methods where needed to buffer adjacent uses and unsightly areas or features.

Considerations Relative to Finding 2:

• The location, height and materials of walls, fences, hedges and screening plantings to insure harmony with adjacent developments.

• The planting of street trees and the unnecessary destruction of existing trees and landscape features.

• The provision of plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, exposed machinery installation, service areas, truck loading areas, utility buildings and installations and similar accessory areas or other unsightly developments.

3) Finding 3: On-Site Grading And Drainage: That on-site grading and drainage have been designed so as to minimize off-site impact and provide for erosion control as required by the Boise City Public Works Department, Ada County Highway District and/or other jurisdictional agency.

4) Finding 4: Utility Service Systems: That utility service systems and equipment do not detract from the building design or adjacent buildings, and the size and location of all service systems are appropriate and maintainable.

Considerations Relative to Finding 4:

• Electrical and telephone service systems shall be installed underground unless deemed appropriate due to location or existing conditions.

• The location, design and screening of transformers and mechanical and electrical equipment does not detract from the design of the building or adjacent properties.

B. Objective - Structure Design: The design of all proposed buildings shall be reviewed in accordance with the Design Guidelines for Boise City's Historic Districts and/or Boise City Design Guidelines for Residential Historic Districts, as well as the following findings:

1) Finding 1: Building Mass: The mass of the building shall be reviewed for its relationship to other buildings within the historic district and area, and with the use proposed by the applicant.

2) Finding 2: Proportion Of Building Facades: The height to width relationship shall be compatible and consistent with the predominant architectural character of the historic district.

3) Finding 3: Shadow Relief/Design Interest: The exterior of the building shall provide shadow relief and design interest compatible with the architectural character of the area.

4) Finding 4: Relationship Of Exterior Materials: The appropriateness of materials and colors (paint colors are not reviewed for single-family residential structures) shall be reviewed as they relate to building mass, shadow relief and compatibility with other buildings within the historic district and area.

5) Finding 5: Multiple-Family Buildings: Multiple-family building (any building containing more than 2 residential units) must be designed to include features which add to the visual and aesthetic appearance of the structure and help prevent a sterile, box-like appearance. Such features may include the use of brick or stone, roof or facade modulation, planter boxes, bay windows, balconies, porches, etc. The commission must make a finding that specific design features have been added to enhance the physical appearance of such multiple-family residential structures.

6) Finding 6: Commercial/Industrial Buildings Adjacent To Residential Uses: That the building is designed to minimize impacts on adjoining (including across a street or alley) residential uses and/or residential zones.

Considerations Relevant to Finding 6:

• Overhead doors for service and/or repair activities and loading activities are located at the side of the building most opposite to any residential neighborhood/ dwelling or residential zone, unless it can be demonstrated that there are no other viable options and there will be mitigation through use of walls, berms, landscaping, etc.

• Building walls that face residential uses or zones provide visual interest through use of a variety of materials/compatible colors, fenestration (wall openings), roof line variations, wall modulation and/or other architectural method that will minimize blank walls.

• Wall lights facing any residential use or zone are shielded to prevent glare or light fall on the adjacent property. The Commission may require a reduction in height of the lights on the building, or footcandles, if it is determined that the proposed lights will have a negative impact on the adjoining properties.

• Mechanical equipment on the roof, or adjacent to the building, shall be located in areas that are furthest away from residential uses or zones, unless it can be demonstrated that there will not be visual and/or noise impacts on the adjacent properties due to screen walls, equipment design or other factors.

C. Objective - Adopted Plans And Design Guidelines: The Commission shall find that the design of the project is consistent with the plans and guidelines listed in Section 11-03-04.20.B.7(b)i.

(c) Action By Planning Director: Within 14 calendar days after receipt of an application, the Planning Director shall investigate the request and shall either approve, modify or deny such application.

(8) Step 8: Modification: Not applicable.

(9) Step 9: Appeal:

(a) Appeal Of Commission Level Decisions: Any applicant or party of record aggrieved by a determination of the Commission may appeal to the City Council within 10 calendar days of the decision in accordance with Chapter 11-03, Review and Decision Procedures. The decision is deemed to have been made on the date that the Commission adopts written findings of fact and conclusions of law. An appeal from the Council may be taken to a court of competent jurisdiction.

(b) Appeal Of Staff Level Decisions: A decision of the Planning Director may be appealed to the Commission within 10 calendar days from the date the notice is mailed in accordance with Chapter 11-03, Review and Decision Procedures. The applicant may request a waiver of the 10 day appeal period for staff level approvals if the request is made in writing and accompanied by the signatures of all adjacent property owners and residents and a representative of the registered neighborhood association indicating that they do not object to the waiver request. The Planning Director shall review all pertinent information and issue a decision on the request.

(10) Step 10: Term Of Approval: The term of approval for a Certificate of Appropriateness shall be two years. The Commission may grant up to two 2-year extensions. Certificates of Appropriateness are automatically extended when an associated conditional use is extended.