Overlay And Specific Plan Districts
- 11-05-01: General Provisions
- 11-05-02: Conservation Overlay Districts
- 11-05-03: Design Overlay Districts
- 11-05-04: Neighborhood Overlay Districts
- 11-05-05: Parking Reduction Overlay Districts
- 11-05-06: Waterways Overlay Districts
- 11-05-07: Special Purpose Overlay Districts
- 11-05-08: Specific Plan Districts
- 11-05-09: Historic Preservation Districts
11-05-01: General Provisions
1. Overlay And Specific Plan Districts: All lands shall be assigned a base zoning district established in Chapter 11-04. In addition, some lands may be designated in one or more overlay district. Where a property is assigned an overlay district, both sets of regulations apply, with those of the overlay controlling in case of conflict between the two. An overlay district may apply additional requirements or allow exceptions to the standard regulations of the base zone.
|Table 11-05.1: Overlay and Specific Plan Districts|
|Conservation Overlay Districts|
|Hyde Park Conservation District|
|Near North End Conservation District|
|Design Overlay Districts|
|D||Design Review Overlay District|
|HD||Historic Design Review Overlay District|
|DD||Downtown Design Review Overlay District|
|C||Capitol Boulevard Special Design District|
|EF||East Fairview Overlay District|
|Neighborhood Overlay Districts|
|BSN||Big Sky Neighborhood District|
|S||Sycamore Neighborhood District|
|Parking Reduction Overlay Districts|
|P-1||Central Downtown Parking District|
|P-2||River-Myrtle Parking District|
|P-3||South Downtown Parking District|
|Waterways Overlay Districts|
|Boise River System Overlay District|
|Flood Protection Overlay Districts|
|Specific Plan Districts|
|SP-1||Harris Ranch Specific Plan District|
|SP-2||Barber Valley Specific Plan District|
|SP-3||Syringa Valley Specific Plan District|
(amd. Ord 13-20, 4-21-2020)
11-05-02: Conservation Overlay Districts
A. Purpose: To preserve the character of selected neighborhoods and to protect unique areas of the city from inappropriate development. A conservation overlay district is usually applied to residential neighborhoods with certain identifiable attributes embodied in architecture, use, urban design, geography, or history. A conservation district can be used to protect neighborhoods from changes that would otherwise be allowed by the underlying zoning.
B. Designation Of Conservation Districts: Conservation districts shall be designated by ordinance. Neighborhoods or areas selected for consideration for a conservation district designation shall meet at least one of the following criteria:
(1) Has a distinctive character with identifiable attributes embodied in architecture, use, urban design, or history that make it a unique and integral part of the city's identity; or
(2) Has a recognized neighborhood identity and a definable physical character that may have a high artistic value or a relationship to urban centers or historic districts and that makes the area's conservation significant to the city's history or function.
C. Establishment Of Conservation District:
(1) Conservation district provisions may apply additional requirements or allow exceptions to the standard regulations of the base zone.
(2) Prior to adoption of a conservation district ordinance in a district that may be of historic significance as determined by the Director, the HPC shall have the opportunity to review and comment on the proposed ordinance.
(3) Prior to recommending an area for designation as a conservation district, the PZC shall:
(a) Conduct any necessary studies, research, or investigations; and
(b) Assess neighborhood and landowner support; and
(c) Prepare a report containing recommendations.
(4) See Section 11-03-04.3, Rezone for procedures to establish a district.
2. Hyde Park Conservation District:
A. Purpose: To maintain the historical commercial district as a functioning community asset and maintain a mix of commercial, office and residential uses. The district encourages land uses that are determined to be key to the district's long-term health and sustainability.The district regulations are intended to protect the historical and architectural character of Hyde Park and establish parking standards for this area. Parking requirements are on a graduated scale for certain uses to encourage street-level retail and restaurants as well as second story office uses. Shared parking is encouraged to reduce the need for surface parking.
(1) Hyde Park Conservation District
B. Map And Boundaries:
(1) Boundary Map:
C. Uses: The following are prohibited:
(1) Parking garages; and
(2) New off-site parking lots. On-site parking lots used as leasable off-site parking that existed prior to March 14, 2006 may continue to be used.
D. District Parking Standards:
(1) Parking requirements shall follow Table 11-05.2, below.
|Table 11-05.2 Parking Allowances in the C-1CHP Zone|
|Land Use|| Graduated Scale of|
Use/Unit of Measure
|Required Parking Spaces (C-1CHP)|
|0 - 40 seats||1 space/20 seats|
|41 - 80 seats**||1 space/10 seats|
|Over 81 seats**||1 space/2 seats|
|0 - 750 square feet||1 space|
|751 - 2000 sq. ft.**||1 space/300 sq. ft.|
|Over 2001 sq. ft.**||1 space/200 sq. ft.|
|Street level||100 sq. ft.||1 space|
|Upper floor||300 sq. ft.||1 space|
|** Parking requirements are cumulative.|
(2) Outdoor or seasonal seating shall be counted as regular seating and is required to meet all parking and zoning code requirements. Existing outside seating shall be considered a legal non-conforming use as allotted in Table 11-05.3.
(3) The allotment of parking for each business is included in the appendices of this Code.
(4) Tandem parking is permitted in rear yards with alley access, provided setbacks and appropriate backup requirements are met.
(5) All off-site parking shall have a valid contract. This contract shall state:
(a) The location of the parking space(s),
(b) The contract is binding on all successors and run with the land,
(c) How the parking spaces are to be maintained and who is responsible,
(d) That the parking cannot be revoked without prior approval of the City, and must show revocation for good cause, and
(e) Provide 60 day's notice of termination to the City.
|Table 11-05.3 Hyde Park Conservation District Parking Space Allotment Chart|
| Number of|
| Parking Space|
|1620||Stinker Gas Station||2880||none||5||1 - 5|
|1615||Fabricworks Int. Renovations||890||none||1||110|
|1612||Java Hyde Park||1148 (1330 Building Permit)||10||2||6 - 7|
|1611||Blue Moon||1654 (1400 owner provided)||none||3||107 - 109|
|1609||Ten K Villages||1404||none||5||102 - 106|
|1607||Trip Taylor Bookseller||1252||none||2||100 - 101|
|1606||Parking lot||none||19 + 1HC||(8 - 27)|
|1605A||MSE Millennium||none||5||11 - 16|
|1605B||Casa Mexico||90||14||8 - 10 & 17 - 27|
|1603||Forget Me Not||10,800||none||2||98 - 99|
|1602||Lucky 13||2730||190||7||28 - 34|
|1530||Taste||1640||25||(see Richards)||(see Richards)|
|1521||Idaho River Sports||8105||none||1||90|
|1520||Richards||2275||165||13 + 1HC||35 - 43 & 48 - 52|
|1519||Vince's Barber Shop||none||1||94|
|1512||Parilla Grill||1400||76||7||44 - 47 & 53 - 55|
|1510||House||2572||none||3||56 - 58|
|1509||Certified Rug||4224||none||6||84 - 89|
|1508||House||none||3||59 - 61|
|1507||Hyde Park Books||none||0||none|
|1502||Goody's||(2300 owner provided)||84||4||62 - 65|
|1501||Harry's||108||19||66 - 83|
|1304||Integrated Packaging Sys.||none||1||97|
|1306||Polar Design||2200 (owner provided)||none||2||95 - 96|
|* per Ada County Assessor's Office 2/21/05|
3. Near North End Conservation District:
(1) Encourage continued residential uses;
(2) Protect the historical and architectural character of the neighborhood using adaptive reuse methods;
(3) Encourage redevelopment and renovation of established historic institutional uses;
(4) Allow for adaptive reuse of existing structures for multiple-family residential and office uses;
(5) Minimize demolition of structures for parking lots or new office developments; and
(6) Maintain the district as a transitional area between the commercial intensity of downtown and the predominant single-family residential neighborhoods of the north end.
B. Map And Boundaries:
(1) Boundary Map:
(2) Boundary Description: The Near North End Conservation District Boundary is described as follows: Encompassing the area from the north side of W. Franklin Street, north to the south side of Fort Street and from the east side of 17th Street to the west side of 4th Street.
C. Standards: The following restrictions and allowances beyond the requirements of the base zone district shall apply.
(1) Parking Allowances For Adaptive Reuse In The L-O And R-3 Zone: Tandem parking may be allowed for the adaptive reuse of a single-family structure for office or multi-family residential or historic institutional use may be granted the following allowances for parking requirements:
(a) Tandem parking in the rear yard, with alley access, is permitted.
(b) The use of shared parking agreements and parking joint use agreements will be encouraged.
(2) Adaptive Reuse Limitation For Additions: Buildings that are adaptively reused pursuant to the provisions of this section may be expanded in size up to 50 percent from what existed on August 21, 2001, provided:
(a) The expanded portion is in keeping with the architecture of the existing building; and
(b) The site is large enough to accommodate the required number of off-street parking spaces without the granting of a variance for setbacks or landscape.
(3) Off-Site Parking Structure Allowances For Historical Institutional Uses: Off-site parking structures (garages) designed to blend with the predominate architectural theme of the surrounding area and which include a significant residential component, may be considered by the Commission through the Conditional Use Permit process.
(4) Standards For Parking Structures And Lots In The NNE Overlay District:
(a) An off-site parking garage for a historical use may be allowed by conditional use permit provided that it is designed to blend with the predominant architectural theme of the surrounding area and that it includes a significant residential component.
(b) New off-site parking lots are prohibited, except on parcels demonstrated to have been vacant on or before August 21, 2001. This prohibition shall not preclude the use of existing on-site parking lots as "for rent" off-site parking.
(c) Where the base zoning district is R-3, on-site surface parking lots larger than 2,500 square feet are prohibited, unless incorporated within a new residential use or within and as part of the renovation, redevelopment, or expansion of a historic institutional use. As used in this paragraph, the phrase "incorporated within" shall mean located in an interior or rear yard of a development so that it is not visible from the public street.
11-05-03: Design Overlay Districts
1. Capitol Boulevard Special Design (C) District: The City recognizes the importance of Capitol Boulevard and desires to protect and enhance its special character. Capitol Boulevard is one of the principal gateway streets in the State of Idaho. It links two of the most important historic buildings in the city - the State Capitol and the Boise Depot. In between these buildings lie a variety of uses that are of importance to the community, including cultural centers and parks, Boise State University, hotels, retail establishments, and restaurants.
(1) Boundary Map:
(a) North of the Boise River to, and including, the State Capitol: Properties located wholly or partially within one block of Capitol Boulevard to the east and west, or 350 feet from the curb line of Capitol Boulevard where no streets exist;
(b) South of the Boise River to and including the Depot;
(c) East side of Capitol Boulevard: Properties located wholly or partially within 500 feet of the curb line of Capitol Boulevard, and as projected in a straight line south to the railroad tracks at the Depot; and
(d) West side of Capitol Boulevard: Properties located wholly or partially within the area west of Capitol Boulevard from the Boise River southeast along the centerline of Lusk Street, 1,275 feet, more or less, to the centerline of Sherwood Avenue, thence southwest along the centerline of Sherwood Avenue, 325 feet, more or less, to the centerline of LaPointe Street, thence Southeast 600 feet, more or less, to a point that is 500 feet from the curb line of Capitol Boulevard at the extension of the centerline of Yale Street, thence south along a line that is 500 feet from the curb line of Capitol Boulevard to the centerline of Crescent Rim Drive, thence southeast 198 feet, more or less, along the centerline of Crescent Rim Drive to the centerline of Eastover Terrace, thence south along the centerline of Eastover Terrace 368 feet, more or less, to the railroad tracks at the Depot.
B. District Subareas: The District is divided into four areas:
(1) Downtown Corridor: Both sides of Capitol Boulevard from centerline of Front Street north to the centerline of State Street.
(2) Central Corridor: Both sides of Capitol Boulevard from centerline of Front Street south to the Boise River.
(3) Entrance Corridor: East side of Capitol Boulevard from the Boise River to the Depot.
(4) Exit Corridor: West side of 9th Street and Capitol Boulevard from the Boise River south to the Depot.
(5) Subareas Boundary Map:
C. Design Review Permit: Design is required for the following:
(1) Increase in building size by 10 percent or in parking lot size by 25 percent.
(2) Replacement of more than 25 percent of a building.
(3) Any new building or parking lot.
(4) A facade remodel that utilizes different materials and design features (A color change or the addition of non-permanent features such as fabric awnings are not subject to design review.)
(1) Streetscape Requirements: Streetscape improvements for Capitol Boulevard shall comply with the adopted Capitol Boulevard Streetscape Master Plan.
(a) Applicability: The streetscape improvements shall be required and shown on the development plans when:
i. Constructing a new building or parking lot;
ii. Constructing an addition greater than 30 percent of the original square footage of the building, provided the addition is greater than 2,500 square feet gross floor area; or
iii. Constructing a parking lot addition along Capitol Boulevard that is greater than 50 percent of an existing parking area.
i. Downtown Corridor from Jefferson Street to Front Street: For each section of the Corridor, required improvements include, but are not limited to:
A. Brick streetscape shall remain along the west side of Capitol Boulevard from Bannock Street to Front Street.
B. Streetscape upgrades consistent with the "Urban Sidewalk - Brick" prototype in the Capitol Boulevard Streetscape Master Plan along the east side of Capitol Boulevard from Bannock Street to Front Street shall be considered at the time of application review.
C. Ten-foot wide detached sidewalk and nine-foot wide landscape strip adjacent to the street, with street trees, shrubs, and historic street lights along both sides of Capitol Boulevard from Bannock Street to Jefferson Street.
ii. Central Corridor Front Street to Fulton Street:
A. Relocated curb to form a 52-foot wide road section measured curb to curb.
B. Sidewalks with brick dry-laid pavers.
C. Planters with street trees, shrubs, and low steel fencing, as shown in the Capitol Boulevard Streetscape Master Plan.
D. Furnishing zone with historic street lights as shown in the Capitol Boulevard Streetscape Master Plan.
E. Benches, litter receptacles, movable planters, bicycle racks, & newsstands as shown in the Capitol Boulevard Streetscape Master Plan.
F. Kiosks, public art, and transit stops may be considered.
iii. Central Corridor Fulton Street to the Boise River:
A. Relocated curb to form a 52-foot wide road section (curb to curb).
B. Concrete sidewalks.
C. Landscape strips with lawn and street trees.
D. Historic street lights.
iv. Entrance and Exit Corridors:
A. Concrete sidewalks.
B. Landscape strips with lawn, shrubs, or street trees.
C. A second row of deciduous trees.
D. Historic street lights.
E. Bus stop shelters at select locations.
(2) Building/Structure Setbacks:
(a) Downtown Corridor: The setbacks of the underlying zone shall apply, except a 25-foot setback from the property line is required along Capitol Boulevard for any portion of a structure that is 45 feet or higher.
(b) Central Corridor: Minimum setbacks shall be as follows:
i. 45 feet from the centerline of Capitol Boulevard for structures up to 45 feet in height.
ii. 75 feet from the centerline of Capitol Boulevard for any portion of a structure that is higher than 45 feet.
iii. Only approved awnings, canopies, or similar projections may encroach into the public right-of-way.
(c) Entrance And Exit Corridors: Minimum setbacks shall be as follows:
i. 20 feet from the property line along Capitol Boulevard for structures less than 45 feet in height.
ii. 35 feet from the property line along Capitol Boulevard for any portion of a structure that is higher than 45 feet.
(d) Required Improvements Within Entrance And Exit Corridor Setback Areas: At-grade setback areas shall include landscaping, and one or more of the following:
i. An extension of the streetscape, such as a pedestrian space or a plaza utilizing benches, pavers, and other design elements;
ii. Sculptures, public art, or architectural design features;
iii. Canopies and other external decorative features, provided they do not encroach more than 30 percent into the setback;
iv. Sign(s); and
v. Low decorative masonry walls of three feet or less (see also Section 11-07-06.2.E(2)(d) Landscaping, Fences, Walls, and Screening).
(3) Parking Lot Setbacks And Requirements:
(a) New Structures/Lots: New detached structures and parking lots along Capitol Boulevard shall comply with the following:
i. Downtown Corridor: Parking lots shall be located below or behind buildings facing Capitol Boulevard.
ii. Central, Entrance, And Exit Corridors: Parking is allowed along the sides of the building provided the width of the parking area does not exceed 50 percent of the site frontage along Capitol Boulevard. Parking may not be located closer to Capitol Boulevard than the building, and shall not be allowed closer than 20 feet from Capitol Boulevard.
(b) Parking Lot Screening: Parking lots shall be screened using one or more of the following, unless otherwise approved by the DRC.
i. Decorative masonry screen walls - that may include wrought iron fencing. The maximum length without modulation may not exceed 30 feet.
ii. Landscaping plantings that will provide year-round screening.
(4) Building Design: Buildings shall be designed to the highest standards with consideration of the following:
(a) All building facade materials should be high quality to enhance the appearance of Capitol Boulevard. The same facade materials or other architecturally compatible facade materials should be used for all exposed building walls and other architectural features.
(b) Architectural style is not to be restricted, however the appearance of the building will be reviewed based on the use of materials and color, the quality of design, use of architectural details, and compatibility with the overall Boulevard development.
(c) Blank walls facing Capitol Boulevard are not allowed.
(d) Buildings located on corner sites that can be viewed from Capitol Boulevard should be given significance through the use of architectural elements, special materials, or height.
(e) Distinctive roof or other termination of the building facade.
(f) Windows, doors, eaves, and parapets should be proportional to one another.
(g) New buildings and any modifications to historic buildings shall comply with the "Design Guideline for Boise City's Historic Commercial Districts" and the Secretary of the Interior Guidelines.
(h) Canopies and awnings at street level should not be illuminated and should be functional for purposes of pedestrian use.
(i) Mechanical equipment should be well screened from public right-of-way with materials that are harmonious to the building.
(j) Utilities shall be installed underground, except for transportation facilities.
(5) Lighting: Low pedestrian/landscape lighting is encouraged and street lighting shall conform to the Capitol Boulevard Streetscape Master Plan.
(6) Vehicular Access:
(a) Curb cuts shall be limited to encourage pedestrian activity.
(b) Access points shall be defined with landscaping or other decorative elements.
(7) Restrictions Along Capitol Boulevard: The following shall not front on to Capitol Boulevard:
(a) Off-street service/loading areas;
(b) Trash dumpsters;
(c) Outdoor storage areas;
(d) Fuel pumps; and
(e) Drive-up windows.
(8) Signage: Sign standards for the C District shall be as indicated in Chapter 11-010, Sign Standards.
2. East Fairview Interim Overlay District:
A. Purpose: The East Fairview (EF) Interim Overlay District is established to create unique pedestrian-oriented exterior setback and streetscape standards for selected parcels (see zoning map) within the East Fairview Corridor between 30th Street and 24th Street. This Interim Overlay District shall expire upon replacement with a permanent zoning district for the larger 30th street corridor.
B. Standards: Within the EF Interim Overlay District, the following standards shall override or supplement the applicable base standards of the C-4D zone (see Section 11-07-06.2.E(2)(d) for standards for the D and DD overlay districts, and Section 11-07-06.2.E(2)(d) for standards for the HD overlay district):
(1) Exterior Setbacks:
(a) Building and Parking Setbacks from Fairview Avenue and Main Street: A minimum setback of 17 feet and a maximum setback of 25 feet from back of curb.
(b) Building and Parking Setbacks from Numbered Streets: A minimum of 13-feet and a maximum of 17 feet from back of curb.
(2) Building Height: The maximum building height shall be 60 feet.
(a) Streetscape Standards on Fairview Avenue and Main Street: A minimum of 10 feet of continuous landscaping behind back of curb and a minimum of 7 feet of detached sidewalk between the landscaping and the building.
(b) Streetscape Standards on Numbered Streets: A minimum of 6 feet of continuous landscaping behind back of curb and a minimum of 7 feet of detached sidewalk between the landscaping and the building. Alternatives to continuous landscaping may be approved by conditional use permit.
(4) Parking Area Requirements:
(a) Parking lots shall not dominate the street frontage or interrupt pedestrian routes. All parking areas shall be located to the side or rear of the principle building. Parking lots should be located behind buildings or in the interior of the block whenever possible. Low walls contained with landscaping should screen parking areas from views from the street.
(b) Parking areas shall not abut street intersections or occupy lots which terminate a street vista. A street vista means the view, framed by buildings, as the termination of the axis of a thoroughfare.
(c) All sites, where feasible, shall provide two-way cross-access to adjacent parcels.
(d) Surface parking lots not associated with a principal use shall be prohibited.
(5) Building Design Requirements: All buildings shall provide a front entrance addressing the primary street frontage.
11-05-04: Neighborhood Overlay Districts
1. Big Sky Neighborhood (BSN) Overlay District:
A. Purpose: To preserve the large lots and open character of the Big Sky Neighborhood; to retain the rural personality of this unique location; and to encourage agrarian uses through more flexible standards to maintain, protect, and enhance land use and livability.
(1) Boundary Map:
C. Residential Standards:
(a) New residential buildings, additions to existing residential buildings, and detached outbuildings greater than 500 square feet or 15 feet in height shall be subject to the following setback standards:
i. Front setbacks as measured from the property line shall be 35 feet minimum, 85 feet maximum, and within five feet of the average setbacks of the adjacent properties.
ii. Side and rear setbacks shall be a minimum of 20 feet from the property line.
(b) Detached outbuildings with an area of up to 500 square feet and height less than 15 feet may have a reduced sides and rear setbacks of 10 feet from the property line.
(2) Enclosed Garage: Dwelling units, including each unit of a duplex, shall have an enclosed garage with an interior dimension of at least 20 feet wide by 20 feet long.
(3) Entrances To Residential Units: Front doors of residential units shall face the street.
(4) Two-Family Dwelling Standards: Duplexes in the BSN overlay district shall be subject to the specific design criteria as per Section 11-06-03.1.B and agricultural and setback standards described in paragraph D, below.
D. Livestock Standards: The keeping of livestock and agricultural uses in the BSN overlay district shall be subject to the standards of Section 11-06-07.4.D, and the standards in this Section. Where the standards of this section conflict with 11-06-07.4.D, this Section shall control.
(1) Allowed Uses: The keeping of livestock, small animals, and similar or related agricultural uses are allowed in the BSN district subject to the regulations of this section.
(2) Minimum Lot Area For Large Animals: A minimum lot area of one-half acre is required for large animals as defined.
(3) Animal Reserve Area: A minimum area of one-half acre is required for the keeping and care of two animal units. Stables, paddocks, barns, and similar structures may be counted as part of the reserve area, but structures other than those related to the care of animals shall not be counted as part of the reserve area.
(4) Minimum Lot Area And Location For Small Animals: No minimum lot area is required for keeping small animals. All animal units and small animals shall be kept behind the front of the principal dwelling.
(5) Animal Density Standards:
(a) The maximum animal density shall be two animal units per one-half acre of reserve area. Additional reserve areas must be added in one-half-acre increments to calculate the allowed number of animal units allowed on a particular parcel.
(b) The keeping of chickens in conjunction with the keeping of large animals is an exception to animal density standards. Up to six mature chickens may be kept simultaneously in addition to the large animals allowed per lot based on the density standard.
(a) Small animals include rabbits, poultry, geese, ducks turkeys, domestic birds and game birds, excluding such birds as are caged and housed in the dwelling and other animals deemed as such by the Director and not raised for commercial purposes. FFA, 4-H and other student projects are not considered commercial purposes.
(b) Large animals include horses, mules, donkeys, llamas and cows.
(c) One animal unit equals the following:
i. One each of horse, mule, donkey, llama or cow.
ii. Two mature sheep or goats.
iii. 12 mature chickens or ducks.
iv. 6 mature geese or turkeys.
v. 10 mature rabbits.
(d) Concentrated feeding area is that part of a site in which animals are raised or kept in the reserve area. A concentrated feeing area may include any feeding or holding operation where animals are concentrated in an area that is:
i. Not normally used for pasture or growing crops in which animal waste may accumulate; or
ii. Any trough or similar feeding apparatus.
(7) Setbacks And Enclosures:
(a) Concentrated feeing areas and buildings housing animals shall be located behind the front of the principal dwelling. Buildings for housing animals must also comply with the setback standards for the Big Sky Neighborhood Overlay.
(b) Livestock shall be kept within enclosures such that said livestock is prevented from encroaching on, and/or damaging, neighboring properties, fences or vegetation; or public streets. Enclosures may include fences, corrals, barns, pens, etc.
(8) Best Management Practices (BMPs): To protect surface and ground water quality and to avoid any adverse impact to wells, irrigation ditches, and other beneficial uses. A BMP is defined as a practice or combination of practices which are the most effective, practicable means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with water quality goals. The following BMPs must be met.
(a) Fencing: Enclose one or more areas on the site with a permanent fence or structure to function as a barrier to livestock and other animals as needed in order to prevent access to and protect streams, canals, and ditches from trampling, erosion and contamination.
(b) Filter Strips For Streams, Canals And Ditches: Maintain a gently sloping strip of ground over vegetation to filter runoff from that portion of the site occupied by animals. Filter strips shall distribute waste matter uniformly across the high end of the strip and allow waste to flow through and across the strip; promote the filtering of nutrients, runoff water, and other materials through the grass in a manner in which they are absorbed by the soil, an ultimately taken up by the plants.
(c) Runoff Control System: Employ a combination of practices to prevent animal waste runoff to surface water and adjacent properties. Practices may include diversion of runoff from the lot, roof runoff systems, lot shaping, settling basins, and filter strips or buffer areas.
(d) Liquid And Solid Waste Management System: Employ a system for managing liquid and solid waste in a manner that:
i. Ensures fecal matter and other solid wastes do not create or promote nuisances, odors and disease-carrying insects and animals; and
ii. Does not degrade air, soil, or water resources: The appropriate system will typically include the frequent spreading of liquid and solid waste, composting of manures, and off-site disposal.
(e) Additional BMPs shall be required if those listed above are shown to be ineffective. If a resident does not properly maintain or utilized BMPs, then the resident shall immediately cease the keeping of animals as defined in this ordinance. The owner or resident can consult the following agencies for additional technical assistance:
i. Ada Soil Conservation District.
ii. Natural Resources Conservation Service.
iii. Idaho Soil Conversation Commission.
iv. University of Idaho Extension Service.
v. Boise City Public Works Department.
2. Sycamore Neighborhood (S) Overlay District:
A. Purpose: To preserve and encourage land use and development that is consistent with the semi-rural, agricultural character and lifestyle of the Sycamore neighborhood, while promoting the public health, safety, and general welfare of present and future residents of the neighborhood and Boise City.
B. Map And Boundaries:
(1) Boundary Map:
C. Specific Standards:
(1) Setbacks: In the S overlay district, excluding lots fronting on 39th, Catalpa, and Taft Streets, the required setback for buildings and parking areas on vacant or undeveloped lots is determined by the average setback of the principal building on the two adjoining lots abutting the same street. In no case will the required setback be less than 20 feet or greater than 40 feet. Additions to existing buildings in the S overlay district are also subject to this setback standard.
(2) Agricultural Standards: The keeping of livestock, small animals, and similar or related agricultural uses in the S overlay district shall be subject to the generally applicable use standard of Section 11-06-07.4.D, and the standards in this Section. Where the standards of this section conflict with the generally applicable standards, this Section shall control.
(a) Allowed Uses: The keeping of livestock, small animals,and similar or related agricultural uses are allowed subject to the regulations of this section.
(b) Minimum Lot Size: A minimum lot or parcel size of 21,780 square feet (one-half acre) is required for large animals as defined in this section.The area of the lot or parcel used for any human dwelling shall be included when computing the one-half acre minimum lot size needed to qualify for large animals.
(c) Animal Reserve Area: A minimum animal reserve area of 10,890 square feet (one-quarter acre) is required for the keeping and care of large animals. Stables, paddocks, barns, and similar structures may be counted as part of the reserve area, but structures other than those related to the care of animals shall not be counted as part of the reserve area.
(d) Area For Small Animals: No minimum lot area is required for keeping small animals as defined in this section, although small animals are subject to the animal density standards. All small animals as defined shall be kept behind the front of the principal dwelling.
(e) Animal Density Standards:
i. The maximum animal density for large animals shall be one animal unit per one-quarter acre of reserve area.The reserve area shall be used to calculate the allowed number of large animals allowed on a particular parcel.For reserve areas larger than one-quarter acre, the one animal unit: one-quarter acre ratio shall be applied to determine the allowed number of animals. Shared reserve areas on adjacent lots may be added to the owner's reserve area to calculate the number of large animals allowed on the owner's lot.
ii. The maximum animal density for small animals shall be one animal unit per one-quarter acre of land area behind the front of the principal dwelling.The area used for calculating the allowed number of small animals shall not include land occupied by any building not used for housing said animals.For areas of land different from one-quarter acre, the one animal unit: one-quarter acre ratio shall be applied to determine the allowed number of animals.
iii. The keeping of chickens in conjunction with the keeping of large animals is an exception to animal density standards. Up to six chickens may be kept simultaneously and in addition to the large animals allowed per lot based on the density standard.
iv. No more than one rooster shall be kept on any single parcel, regardless of the size of the parcel.
(f) Site Plan: As deemed necessary, the Director may require the owner or resident to submit a site plan, subject to approval, for the purpose of determining the amount of land available on a particular site for the keeping of animals pursuant to the standards of this section.
(g) Setbacks For Concentrated Feeding Areas, Buildings, And Pasture And Reserve Areas: Concentrated feeding areas and buildings housing animals shall be located behind the front of the principal dwelling and a minimum of ten feet from all property lines. Fully enclosed buildings must comply with the setback standards for the base zone and, therefore, may in some cases be set back less than ten feet from the property line.Pasture or reserve areas shall be located behind the front of the principal dwelling, and may otherwise be located at the side and rear property line.
(h) District Perimeter Setback: Animal reserve areas for large animals shall be set back a minimum of 30 feet from any residential lot located outside the S district.
(i) Enclosures Required: Livestock shall be kept within enclosures that prevent animals from encroaching on neighboring properties or public streets. Enclosures may include fences, corrals, barns, pens, etc.
(j) Best Management Practices: The owner or resident shall utilize Best Management Practices (BMPs) to protect surface and ground water quality and to avoid any adverse impact to wells and other beneficial uses. A BMP is defined as a practice or combination of practices that are the most effective, practicable means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with water quality goals. Any owner or resident intending to keep livestock and other animals pursuant to this section shall implement the following BMPs:
i. Fencing: Enclose one or more areas on the site as needed with a permanent fence or structure to function as a barrier to livestock and other animals to prevent access to and protect streams, canals, and ditches from trampling, erosion, and contamination.
ii. Filter Strips For Streams, Canals, And Ditches: Maintain a gently sloping strip of ground cover vegetation to filter runoff from the portion of the site occupied by animals.Filter strips shall distribute waste matter uniformly across the high end of the strip and allow waste to flow through and across the strip and shall promote the filtering of nutrients, runoff water, and other material through the grass so that they can be absorbed by the soil and ultimately taken up by the plants.
iii. Runoff Control System: Employ a combination of practices to prevent animal waste runoff to surface water and adjacent properties. Practices may include diversion of runoff from the lot, roof runoff systems, lot shaping, settling basins, and filter strips or buffer areas.
iv. Liquid And Solid Waste Management System: Employ a system for managing liquid and solid waste in a manner that: a) ensures fecal matter and other solid wastes do not create or promote nuisances, odors and disease-carrying insects and animals, and b) does not degrade air, soil, or water resources. The appropriate system will typically include the frequent spreading of liquid and solid waste, composting of manures, and off-site disposal.
v. Additional BMPs: Additional BMPs shall be required if those BMPs listed above are shown to be ineffective.The owner or resident can consult the following agencies for additional technical assistance:Ada Soil Conservation District Natural Resources Conservation Service (Home*A*Syst/Farm*A*Syst Program), Idaho Soil Conservation Commission, The University of Idaho Extension Service, and the Boise Public Works Department.
(k) Periodic Assessment: At three-year intervals the residents and property owners in the S District and the Director shall assess the impact and effectiveness of the standards of this section in protecting residents and owners of the district and those outside the district from unwanted impacts.
11-05-05: Parking Reduction Overlay Districts
1. General Purpose Of Parking Reduction Overlay Districts: To accommodate the need for alternative off-street parking ratios in accordance with the special needs of the downtown area.
3. P-1 Parking District Standards: No off-street parking is required within the P-1 district, as indicated in Table 11-07.1, Off-Street Parking Requirements. This provision does not provide exemption from off-street loading requirements.
4. P-2 Parking District Standards: Parking requirements in the P-2 district are indicated in Table 11-07.1, Off-Street Parking Requirements.
5. P-3 Parking District Standards: Parking requirements in the P-3 district are indicated in Table 11-07.1, Off-Street Parking Requirements.
11-05-06: Waterways Overlay Districts
1. Boise River System Overlay Districts: To ensure that development along the river is sensitive to fish and wildlife, the riparian area, recreation and flood protection.
(1) Flood Protection:
(a) To ensure protection from flooding.
(b) To allow for conveyance of the 100-year flood without property damage or loss of life.
(2) Fish And Wildlife:
(a) To preserve, protect, and enhance the abundance and diversity of fish, wildlife and riparian resources.
(b) To control runoff and pollution so as to protect water quality of the river and its tributaries.
(3) Recreation Amenities:
(a) To protect the Boise River as a public asset to the city and a major amenity for its citizens.
(b) To maintain the Boise River Greenbelt.
(4) Development Opportunities:
(a) To ensure that development is designed to enhancement and protect rivers riparian, fish, wildlife and recreational values.
(b) To provide and maintain continuous public access to and along the river including appropriate facilities for parking of bikes and motor vehicles.
B. Boise River System Management District Boundaries; Subdivision Plat Notes; Ordinances And Regulations To Comply With:
(1) All subdivisions which include land that lies within the floodplain shall have the following note on the face of the plat: "This subdivision includes lands which are in the floodplain and are subject to the regulations of Chapter 11-08, Flood Hazard Regulations and 11-05-06.1, Boise River System Overlay Districts. The Planning Division should be consulted for details."
(2) The following ordinances and regulations of uses within the district apply:
|Table 11-05.4 Regulations and Uses|
|Land Classification||Floodplain Ordinance (Ch. 11-08)||Use Standards of Boise River Ordinance||Mitigation Section of Boise River Ordinance (11-05-06.1.I)|| Enhancement|
Section of Boise
(where appropriate) (11-05-06.1.J)
|Boise River Development System Permit Required (11-03-04.19)|
C. Map And Boundaries:
(1) Boundary Map: [Reserved]
(2) Districts: The Boise River System overlay district shall include the following areas:
(a) Floodway And Floodway Fringe Overlay Districts: Lands within the 100-year floodplain boundaries adjacent to the Boise River, including lands designated within the Floodway (F) and Floodway Fringe (FF). These boundaries adjacent to the Boise River are determined by the FEMA Flood Boundary and Floodway Map. A copy of this map is available at the Development Services Department. The Director with recommendation from the City Engineer shall provide boundary interpretations where necessary.
(b) Alluvial Overlay District: Tributary and Foothill Gulch floodplains and associated alluvial fans (AO zones) standards are addressed in Chapter 11-08, Flood Hazard Regulations.
(3) Boundary Descriptions:
(a) Floodway (F) District Boundary Description: The Floodway District shall have the boundaries as follows: The Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as shown in the Flood Insurance Study for Boise City, Idaho.
(b) Flood Fringe (FF) District Boundary Description: The Floodway Fringe District shall have boundaries as follows: The area between the floodway boundary and the boundary of the 100 Year Flood.
(c) Area Of Shallow Flooding (AFS) District Boundary Description: The Area of Shallow Flooding District shall have boundaries as area shown on the Flood Insurance Rate Map as an AO zone with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
D. A, B, And C Lands And Waters Classifications: The BRS overlay district includes lands and waters that provide natural resource functions and values including the preservation of fish and wildlife amenities shall be classified as "Class A, B, or C lands and waters."
(1) Class A, B, And C Lands And Waters Established:
(a) Located in the Planning Division Office is a set of master maps delineating class A, B, and C lands and waters. The precise boundaries shall be determined on a case-by-case basis based on available maps, studies, outside agency input and on-site inspections.
(b) The Boise River Fish and Wildlife Habitat Study, (Sather-Blair, et al, 1983), shall be used as a reference that provides objectives for preservation and management actions for Class A and Class B areas.
(2) Class A Lands And Waters - Extremely Important For Preservation: Class A lands and waters provide extremely important habitats for fish and wildlife and for flood control and protection. The objective is to preserve and protect these lands for their benefits to fish and wildlife in general and to protect Bald Eagle, Great Blue Heron, trout, and water fowl habitats in particular. These areas include, but are not limited to:
(b) Areas with a high degree of plant community diversity;
(c) Black cottonwood riparian plant community;
(d) Riparian forests;
(e) Scrub-shrub wetlands;
(f) Emergent wetlands within the floodplain (exclusive of working irrigation canals);
(g) A 300 foot radius around Great Blue Heron rookeries;
(h) Eagle winter habitat which includes lands within 200 feet of the 6500 c.f.s. line, as determined by the Public Works Department based on their monitoring of annual flows, east of Walnut Street on the north side of the river and east of Phase 4 of the River Run Subdivision on the south, and forested wetlands east of these points;
(i) Lands within the riparian setback lands and waters;
(j) The banks of side channels and tributary stream areas within the jurisdiction of this overlay district;
(k) Islands within the river;
(l) Trout spawning waters;
(m) Riparian areas of tributary streams within the jurisdiction of this overlay district including channels that convey floodwaters and areas that meet the definition of wetlands; and
(n) The Barber Pool Natural Preserve.
(3) Class B Lands And Waters - Moderately Important For Preservation: Class B lands and waters provide good potential for improvements to natural resource functions and values. Development should improve natural resource functions and values and avoid negative. Class B lands and waters include, but are not limited to:
(a) Agricultural lands;
(b) Gravel pit ponds and small lakes; and
(c) Intermittent tributary streams.
(4) Class C Lands - Least Important For Preservation: Class C lands provide limited fish and wildlife habitat. Development should provide landscaping and habitat improvements. These areas include, but are not limited to:
(a) Public and private parks where current uses preclude enhancement of fish and wildlife habitat;
(b) Diversion dams;
(c) Residential and commercial developments;
(d) Lands surrounding gravel ponds;
(e) Subdivided properties;
(f) Former industrial areas; and
(g) Vacant lands in urban centers.
E. Setbacks: Setbacks are intended to protect and preserve the river; Greenbelt; Great Blue Heron rookeries; eagle perching, feeding, and loafing areas; and riparian areas.
(1) Boise River Setback: The setback for structures and parking areas is 70 feet from the 6500 c.f.s. line of the Boise River or 5 feet from the boundary of all dedications or easements granted to the City for greenbelt purposes in excess of 65 feet.
(2) Greenbelt Setback: The greenbelt setback for structures and parking areas is 70-feet measured landward from the 6500 c.f.s. setback line.
(3) Great Blue Heron Rookeries Setback: 300 feet around Great Blue Heron rookeries. Rookeries shall be designated by the city and the Idaho Fish and Game Department.
(4) Eagle Perching, Feeding, And Loafing Setback: 200 feet from the 6500 c.f.s, east of Walnut Street along the north side of the Boise River, and east of Phase 4 of the River Run subdivision along the south side of the Boise River.
(5) Riparian Setback:
(a) Tier 1 Waterway: A side channel with a width of less than 15 feet or with a flow of less than five c.f.s. shall have a riparian setback of 20 feet.
(b) Tier 2 Waterway: A side channel at least 15 feet wide or with a flow of between 5 to 150 c.f.s. shall have a riparian setback of 25 feet.
(c) A minimum of 15 feet shall be maintained between the riparian setback and structures to allow for lawns and patios.
F. Allowed Uses And Improvements: The following uses and improvements are allowed in Class A lands and waters areas subject to the standards for uses, mitigation and enhancement provisions set forth in this chapter. All uses not explicitly listed are prohibited from the Class A lands and waters area.
(a) Signs (non-commercial);
(b) Restrooms and snack bars (except for existing uses;
(c) River bridges and paved access to river bridges;
(d) Fish and wildlife habitat improvements;
(e) Irrigation weirs, diversion dams, and inlets;
(f) Water inlets to supply domestic water;
(g) Greenbelt structures under existing bridges;
(h) Greenbelt paths or non-paved pedestrian paths that may provide limited access to the river and may run into or through lands designated as Class A habitat areas.
(i) Paved bicycle paths, limited to:
i. Existing paths;
ii. The Lander Street sewage treatment plant path;
iii. The Warm Springs park area pedestrian path and bridge and;
iv. Where an existing railroad right-of-way is already located or that may require, donated, or used as a bicycle path;
(j) Natural parks;
(k) Bank and channel stabilization projects;
(l) Hydro-electric and flood protection dams;
(m) Selected public piers and beaches;
(n) Public utility lines such as water and sewer lines;
(o) Storm drain outlets and detention basins;
(p) Water pump facilities;
(q) Gravel extraction including reuse of gravel extraction lands;
(r) One housing unit per 20 acres or legal non-conforming lot;
(2) Class B Lands And Waters And Class C Lands: Uses allowed in Class B and Class C areas are limited to those listed in Table 11-06.1.
(1) Standards Applicable To All Development Within The Boise River System Overlay District:
(a) Emergent Wetlands: In recognition of their importance and their scarcity, emergent wetlands shall be preserved as follows:
i. Emergent wetlands surrounded by Class B or Class C lands may be replaced with a wetland of equal size, provided that the created emergent wetland has the same or greater degree of natural resource functions and values as did the impacted emergent wetland.
ii. The emergent wetland may be relocated anywhere on the project site, except within Class C lands.
iii. If the emergent wetland is relocated to a site within existing Class A lands, then the land area of Class A lands and waters shall be enlarged by an amount no less than the size of the impacted emergent wetland.
(b) Enhancement Of Water Resources: Proposals to use or create a water amenity shall be design to accommodate wetland and riparian functions and waterfowl, wildlife, trout, or warm water fish habitats.
(c) Parks And Open Spaces:
i. Intense activity portions of parks shall be located outside of Class A lands.
ii. Open spaces such as parks, golf courses, greenbelt areas, parking lots, etc., within the floodplain shall be designed and operated to flood and provide storage capacity during flood flows in excess of 6500 c.f.s.
(d) Emergency Access: New developments shall include provisions for emergency access as determined by the Boise Fire Department.
(e) Greenbelt Access: Developments shall provide for public access to the Boise River greenbelt and public parking for bicycles and motor vehicles.
(f) Landscaping: Landscaping shall utilize native or naturalized plant materials that provide wildlife food and shelter. Manicured landscaping and lawns are prohibited in Class A lands and in riparian areas and setbacks.
(g) Bank And Channel: Bank or channel stabilization measures (e.g., rip-rap, drop structures, large cobble) shall include over-planting with shrubs and trees and the deliberate enhancement of fish habitat.
(h) Screening Requirements:
i. Structures shall be screened from view from the Greenbelt and the river with landscaping that will grow to a height of at least 20 feet within ten years.
ii. Parking areas located between the structure and the Boise River shall be screened from view by landscaping or decorative fencing at least five feet in height.
iii. Appropriate landscaping should be utilized to screen habitat areas from new development.
(i) Construction Fencing: Fencing shall be installed where construction activities abut a riparian area.
(2) Additional Standards Applicable To Class A Lands And Waters:
(a) Class A areas within a development or subdivision shall be preserved in single common ownership through a conservation easement or other method approved by the city.
(b) The removal of living or dead vegetation from the floodway shall not be permitted unless:
i. The vegetation poses a threat to persons or property;
ii. The vegetation contributes to a dangerous restriction of the flow of floodwater; or
iii. The removal of vegetation is part of an approved mitigation and enhancement plan.
(c) Removal of vegetation shall be confined to the minimum necessary, while still maintaining the natural riparian areas. Removal of vegetation is subject to approval by the Planning Director after review and recommendation by the Urban Forestry Division of the Boise City Parks and Recreation Department.
(d) Emergency situations under (2)(a) and (b) above may require actions to be taken before the Director can be contacted. If that is the case, then the action taken shall be reported to the Director and mitigation efforts shall be taken if the Director requires them.
(3) Additional Standard Applicable To Class B Lands And Waters: Development shall improve natural resource functions and values and shall mitigate negative impacts.
(4) Additional Standard Applicable To Class C Lands: Development plans shall provide for habitat improvements and landscaping to create screens and buffer between wildlife habitat areas and new.
H. Conditions For Permits:
(1) Conditions may be attached that:
(a) Require compliance with applicable specifications, standards or requirements of the Idaho Department of Water Resources, Army Corps of Engineers, the Idaho Fish and Game Department, U.S. Fish and Wildlife Service, Environmental Protection Agency, Boise City, or other agencies.
(c) Require landscaping consistent with the objectives of the Greenbelt or the extension of the natural setting of the river.
(d) Limit reclamation of eroded stream banks in the floodway and require overflow channels to remain open.
(e) Limit construction to certain periods of time.
(f) Require certification by a licensed engineer that conditions have been fulfilled.
(a) To offset negative impacts of a proposed development on the natural resource functions and values in Class A and B lands and waters.
(b) Mitigation goals for Class A and B lands will be no net loss of existing natural resource functions and values associated with flood protection, fish and wildlife habitat, recreation and other goals of the Comprehensive Plan and Boise River Plan.
(2) Natural Resource Functions And Values: Natural resource functions and values are:
(a) Water quality,
(b) Habitat for fish and wildlife,
(c) Nutrient retention and removal,
(d) Channel stability,
(e) Food chain support,
(f) Flood storage and de-synchronization,
(g) Groundwater recharge and discharge,
(i) Aesthetics, and
(j) Cultural resources.
(3) Mitigation Measures And Sequencing For Class A, B, and C Lands And Waters: The mitigation sequence will be examined in the order listed below. Several mitigation measures may be used in combination to provide the greatest protection to the resource. Different mitigation sequencing may be used provided extensive evidence is submitted and adequately demonstrates the impacts and public benefits available. The burden shall be on the applicant to demonstrate compliance with the minimum standards described in this Section.
(a) Mitigation Measures For Class A And B Lands And Waters: Mitigation measures from the most to the least preferable are:
i. Avoid adverse impacts by selecting alternative alignments or locations.
ii. Minimize impacts by limiting encroachments, using less intrusive construction techniques, or other methods.
iii. Restore the impact area to as near its original condition as possible.
iv. In-kind on-site compensation.
v. In-kind off-site compensation.
(b) Mitigation Measures For Class C Lands And Waters: Mitigation is not required. Development in Class C lands shall not adversely affect adjacent and nearby habitat in Class A or Class B lands.
(4) Procedures For Development Of Mitigation Plan:
(a) Generation Of Field Data: To accurately describe existing conditions, constraints, and their magnitude, existing natural resource functions and values will be assessed by the applicant. This assessment must be provided with the project application for review by the city along with a comprehensive technical plan to mitigate for impacts to natural resource functions and values, or to enhance natural resource functions and values.
(b) Early Coordination With Resource And Regulatory Agencies: Consultation with government agencies that have resource responsibilities must be initiated by the applicant as soon as practicable to determine the natural resource functions and values existing within the area requiring a Boise River System development permit. Consultation shall also include a discussion of the presence of threatened and endangered species, and species of special concern; fish and wildlife habitat requirements and their sensitivity to disturbance; and measures needed to mitigate for project related impacts or to enhance existing habitat. Consultation shall be documented.
(c) Comprehensive Mitigation Design: Proposed modifications to Class A and B lands and waters shall include:
i. Preliminary Mitigation Plan: A preliminary site plan identifies the location and quality of existing natural resources, impacts to those resources attributable to the proposed project, and proposed mitigation measures.
ii. Final Mitigation Plan:
A. Upon approval of the Boise River System development permit a final site plan shall be developed by the applicant that includes a detailed description, plan view, profile, and typical sections of the mitigation project. The final site plan will fully describe proposed changes to the resource and the materials and methods used to accomplish mitigation.
B. The final site plan may be offered to the state and federal agencies for review. Comments of these agencies will be fully considered by the city in its determination of whether the final site plan is in accordance with the Boise River System development permit.
(d) Performance Monitoring: The applicant shall monitor the performance of constructed mitigation improvements for a minimum period of 18 months unless otherwise fixed by the PZC. Acceptable performance shall be judged by comparing measured values to previously agreed upon standards.
(1) Purpose: To encourage innovative development design to increase the quantity and improve the quality of existing natural resource functions and values.
(2) Enhancement Plans: Enhancement plans may be submitted but are not required as part of an application for a Boise River System development permit.
(3) Enhancement Design Standards:
(a) Enhancement Of Class A, B, And C Waters:
i. Enhancement Of Waters Held By The Idaho Department Of Fish And Game: Enhancement or creation of water amenities that use waters held by Idaho Department of Fish and Game shall be designed for the propagation and perpetuation of fish and wildlife resources.
ii. Enhancement Of Non-Idaho Department Of Fish And Game Waters: Enhancement or creation of water amenities not held by Idaho Department of Fish and Game may be designed to enhance fish and wildlife resources or to provide a visual amenity.
(b) Enhancement Of Class A, B, And C Passive Open Space Lands:
i. Class A Passive Lands: Class A passive open space lands shall be designed with the primary intent of providing enhancement to fish, wildlife and riparian resources with specific design or attention given to eagles, Great Blue Heron, trout, and water fowl. Vegetation shall be predominantly native or naturalized plant species.
ii. Class B And C Passive Open Space Lands: Class B and C passive open space lands should be designed to encourage the creation of fish, wildlife, and riparian resources and to create transition between natural areas and areas of more intense development. Vegetation may be a combination of native or naturalized vegetation and ornamental or exotic species.
iii. Native And Naturalized Vegetation: Native and naturalized vegetation should be located near established or created habitat areas and may transition to more ornamental species towards or within the development.
iv. Waiver Of Standards:
A. In order to provide an incentive for higher quality and more extensive enhancement plans, waivers of zoning and subdivision standards may be requested.
B. Waivers may be granted by the PZC or Council on enhancement plans that have been designed in accordance with this section and that the enhancement plan is in compliance with the Boise River System overlay district.
C. Waiver of standards may be approved when evidence presented meets the following conclusions of law:
D. That the proposed enhancement plan is in compliance with the applicable standards of Section 11-05-06.1.I of this chapter.
E. That the proposed enhancement plan complies with all local, state and federal laws and regulations.
F. That the waivers requested ensure a benefit to the public.
v. Waivers Examples:
A. The waiver of sidewalk standards for the construction of pedestrian, bicycle or nature trails that functionally replace the sidewalk. Provision of pedestrian pathways is encouraged on both sides of streets.
B. Reduction in street width standards to minimize impervious surfaces and to provide more land for vegetation and habitat improvements, provided, however, that private streets are to be discouraged.
C. Density transfers and clustering of uses to provide larger areas for habitat improvements.
D. Permit stream and irrigation system waivers from the design requirements of the subdivision provisions of this Code.
E. Permit fencing waivers from irrigation and streams as required in the subdivision provisions of this Code.
F. Permit waivers of drainage standards, as long as drainage and water quality goals are met.
G. Permit flexibility in the enhancement of existing marginal Class A lands by permitting enhancements that improve the river riparian values.
H. Waivers that address public safety considerations.
I. Flexibility in lot size and setback standards to provide large areas increasing habitat. Any waiver or variance from setback requirements under this overlay district must be shown to be required by legal necessity (a taking would otherwise occur) or to promote and enhance public safety, or that strict compliance with the setback in a given area would result in more damage to the habitat and environment than would granting the waiver or variance under the provisions of this and other overlay district(s) or other Code provisions.
(4) Procedures For Development Of Enhancement Projects:
(a) The same field data required to satisfy Section 11-05-06.1.I(4) shall be gathered and used to aid in the design of the enhancement plan.
(b) A combined mitigation and enhancement preliminary plan may be submitted if the plans clearly designate that features fulfill the mitigation requirements and that features fulfill the enhancement plan. Enhancement features may be considered part of a mitigation plan only if such features meet the standards of Sections 11-05-06.1.I(1) and (3).
(5) Performance Monitoring: The applicant shall monitor the performance of constructed enhancements for a minimum period of 18 months unless otherwise fixed by the PZC. Acceptable performance shall be judged by comparing measured values to standards that were previously agreed-upon.
11-05-07: Special Purpose Overlay Districts
1. Airport Overlay Zone District: [Reserved]
11-05-08: Specific Plan Districts
1. Purpose: Specific plan districts provide a means to modify or create new zoning regulations for unique areas and developments where other conventional zoning mechanisms cannot achieve the desired results. Specific plans shall implement and be consistent with the Boise City Comprehensive Plan land use map and policies.
A. Examples Of Specific Plans: Specific plans may take the form of mixed use districts and planned communities or planned development. Each specific plan has its own non-transferable set of regulations. The regulations may include: zoning standards, design guidelines, site plan,infrastructure plan, phasing plan and other elements. Specific plans are adopted into the zoning code by ordinance and become either the base zone or an overlay zone for the property.
B. Basic Specific Plan: A specific plan may be an overlay zone that modifies or expands the base zone to allow different dimensional standards, streetscape treatments, and architectural designs. Every basic specific plan should include a detailed site plan and illustrations.
C. Complex Specific Plan: A specific plan may also address a very large site of hundreds of acres. In this case, the specific plan may include many different chapters with detailed standards for the issues addressed in each chapter. For example, a large planned community specific plan may include a detailed land use plan with lotting patterns, building envelopes, and street networks. Detailed zoning standards could be included that address setbacks, building heights, mix of uses, and parking ratios. A design chapter could describe materials, architectural styles and sign programs. A Landscape Section could address common open space areas with a plant palette and irrigation plans. A transportation chapter could include roadway cross sections and streetscapes, pathways, or a public transportation or transportation management program. An infrastructure chapter could address the location, sizing and timing of sewer, water, fire and other facilities. An environmental chapter could address water quality, riparian protection, revegetation of graded slopes and similar issues. A phasing chapter could identify how the construction would proceed and at which point in time certain infrastructure elements would be installed. A review process chapter could describe the specific review and approval process for individual phases within the project. In this case, the specific plan might constitute all aspects of project approval short of subdivision final plat approval.
3. Land Use Controls: The type of uses and amount of development in a SP district shall be as established by the specific plan. Pre-existing legal non-conforming uses shall be permitted in a SP district. Any permitted or conditional use may be included in a specific plan district.
4. Initiation: An amendment may be initiated by a property owner or authorized agent, the PZC, or the Council. If the property is not under a single ownership, the majority of ownership shall join in the application, and a map showing the extent of ownerships shall be submitted with concept plans and materials. For the purposes of this Section, a majority of ownership shall be defined as either 75 percent of the affected owners or 75 percent of the affected land area. For projects larger than 200 acres, a neighborhood scoping meeting, per Section 11-03-03.2, between the applicant and the City of Boise shall be conducted prior to application submittal to determine which supporting materials and specific plan elements shall be appropriate and required for the proposal.
5. Minimum Area Standards: The minimum area of a SP district shall be two acres or one city block.
6. Required And Optional Elements: A specific plan shall include some or all of the following elements:
A. A map depicting the proposed pattern of land use and open space, with acreage by land use type.
B. A written document, describing in detail the zoning standards for all land uses including but not limited to: setbacks, height, density, parking, floor area ratios, landscaping,signage, lighting requirements, and similar issues. When the existing base zone is left in place and the specific plan becomes an overlay zone, this document need only address the elements that differ from the standards of the base zone.
C. A map depicting the proposed street and lot pattern.
D. A map depicting the location and configuration of all infrastructure/public services and facilities proposed within the specific plan district. Such facilities include but are not limited to roads, sewers, lift stations, drainage facilities, fire stations, police substations, parks, libraries, communications equipment, and similar facilities.
E. A phasing plan for development of all uses and supporting infrastructure.
F. A capital improvement program for all infrastructure.
G. A written and illustrated document, describing in detail any design guidelines for the development, including but not limited to: architectural style, materials, colors, themes, streetscapes, public realm elements, and similar issues.
H. A written document describing the review, approval, and amendment process for all proposed uses and phases in the project.
I. Other elements such as grading plans, wildlife mitigation plans, open space management plans, hazardous materials remediation plans, etc.
7. Procedures: The PZC shall consider an application for rezone to a SP District and shall at the same time consider the proposed Specific Plan accompanying the application.
A. Required Findings: The PZC shall forward a recommendation to the Council based on findings that the specific plan:
(1) Is consistent with the goals, objectives and policies of the Comprehensive Plan, with particular emphasis placed upon those polices related to diversity of housing, mixing and integration of uses, pedestrian and transit design, level of service provision and environmental protection;
(2) Is compatible with surrounding development and properly integrates land uses and infrastructure with adjacent properties;
(3) Includes adequate provisions for utilities, services, roadway networks and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems; and
(4) Will enhance the potential for superior urban design and land use in comparison with development under the base district provisions that would apply if the specific plan were not approved.
B. Zoning Map Designation: A SP district shall be noted on the zoning map by the designation "SP," followed by the number of the SP district based on order of adoption. The SP may be either appended to the base zone as an overlay, or may be the primary zoning with no other base zone.
C. Status Of Specific Plan: A specific plan adopted by ordinance of the Council shall be administered as prescribed by the Council and as established by the provisions of the specific plan for review, approval, and amendment. Adopted specific plans shall be listed by name and number in Section 11-05-08.8 of this ordinance and shall be maintained on file in the Director as a bound and printed document.
D. Review Of Plans: Application for building permits for projects in a SP district shall be accepted only if the project plans are consistent with the standards of the adopted Specific Plan.
8. Adopted Specific Plans: Adopted specific plans are included in Chapter 11-13.
11-05-09: Historic Preservation Districts
1. Purpose: The purpose of this section is to promote the educational, cultural and economic welfare of the public of the city by engaging in a comprehensive program of historic preservation to promote, preserve and protect historic buildings, structures, sites, monuments, streets, squares and neighborhoods which serve as visible reminders of the historical, archeological, architectural, educational and cultural heritage of the city. It is the further purpose of this section for the social, economic and environmental advantages of the city to promote the use and conservation of such property, to stabilize and improve property values in historic areas, and to encourage new buildings and developments that will be harmonious with the existing historical, archeological, architectural, educational and cultural buildings, structures, sites, streets, squares and neighborhoods.
2. Historic Preservation Commission: There is hereby created and established a Historic Preservation Commission which shall consist of no less than 5 but up to 9 members who shall be appointed by the Mayor with the advice and consent of the Council. Members of the Commission shall be appointed with due regard to the proper representation of such fields as history, architecture, urban planning, archeology and law. In addition, 1 member may be, at the time of appointment, under 18 years of age. The youth member shall be appointed to a term of up to 1 year and may be reappointed to up to 2 successive terms. The remaining members of the Commission are eligible for reappointment as provided by Section 1-8-8 of the Boise City Code. If a vacancy occurs, the Mayor with the consent of the Council shall appoint a member to fill the unexpired term. The members of the Commission shall serve without pay but shall be reimbursed by the city for necessary expenses incurred in connection with their duties. A quorum shall consist of 5 or more members.
3. Organization, Officers, Rules, Meetings:
A. At their first meeting, the appointed Commissioners shall elect officers who shall serve for terms of 1 year. The Commission may establish any rules necessary for the orderly conduct of its business, and all meetings of the Commission shall be open to the public. The Commission shall keep a record of its resolutions, proceedings and actions.
B. The Commission shall provide public notice as outlined in the ordinance. A person may request notice through electronic mail, and if so, it shall be in addition to the mailed notice through the U.S. Postal Service.
4. Powers And Duties Of Commission: The Commission shall exercise to the fullest extent the authority granted under Title 67 (State Government and State Affairs), Chapter 46 (Preservation of Historic Sites) of the Idaho State Code. Duties shall include, but not be limited to the following:
A. Conduct a survey of local historic properties of the city;
B. Recommend the lease, sale, transfer or disposition of historic property subject to rights of public access and other covenants and in a manner that will preserve the property;
C. Contract, with the approval of the local governing body, with the state or federal government, or any agency of either, or with any other person, firm, corporation, or organization, to accomplish the purposes of this section;
D. Cooperate with the federal, state and local governments in the pursuit of the objectives of historic preservation;
E. Participate in the conduct of land use, urban renewal and other planning processes undertaken by the city or any other entity;
F. Recommend ordinances and otherwise provide information for the purposes of historic preservation to the city;
G. Promote and conduct an educational and interpretative program on historic properties within the jurisdiction of the city; and
H. Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private property, building or structure without the express consent of the owner or occupant thereof.
A. For the purpose of providing funds for a Historic Preservation Commission, the Council may:
(1) Provide funds from current revenues;
(2) Receive and expend monies from any other available source or sources, or
(3) Use any combination of the foregoing.
B. Funds received for a Historic Preservation Commission may be accumulated from year to year and need not be expended during any one fiscal year, except that unexpended monies appropriated by the Council shall be deemed surplus to be budgeted and appropriated for the subsequent year as provided by law.
6. Designation Of Historical Districts, Including Historical Districts - Residential: Historic Districts shall be designated by ordinance and in accordance with the following requirements:
A. Criteria For Designation: The buildings, sites, structures and objects of an historic district shall meet one of the following 3 criteria:
(1) Historical Or Cultural Importance:
(a) Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the city, state or nation; or is associated with the life of a person significant in the past; or
(b) Is the site of an historic event with a significant effect upon society; or
(c) Exemplifies the cultural, political, economic, social, educational or historic heritage of the community; or
(d) By being part of or related to a street, square, park or other distinctive area, should be developed or preserved according to a plan based on historic, cultural or architectural motif; or
(e) Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or city; or
(2) Architectural Importance:
(a) Portrays the environment in an era of history characterized by a distinctive architectural style; or
(b) Embodies those distinguishing characteristics of an architectural-type or engineering specimen; or
(c) Is the work of a designer, architect or craftsman whose individual work has significantly influenced the development of the city, state or nation; or
(d) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or
(3) Archeological Importance:
(a) Has yielded or may be likely to yield, information important in pre-history or history.
(b) Contains or is likely to contain physical remains, such as fossils, relics, monuments, art or symbols, of past human life and activities.
B. Commission Research And Report On Proposed District: The Commission, either on its own initiative or upon the request of the City Council, or upon the request of one or more owners of property in the area of a proposed historic district, may recommend the designation of one or more historic districts. Prior to recommending designation the Commission shall conduct studies, research and investigations based on the relevant criteria given in Section 11-05-09.6.A regarding buildings, sites, structures and objects of such proposed historic district or districts. Thereafter, the Commission shall prepare a report containing recommendations concerning the area or areas to be included in the proposed historic district or districts.
C. Transmittal Of Report To Planning And Zoning Commission: Copies of the report shall be transmitted for review and recommendation to the Planning and Zoning Commission. Not less than 60 days after the date of transmittal of such report to the Planning and Zoning Commission, the Historic Preservation Commission shall hold a public hearing regarding the proposed district.
D. Notice Requirements For Historic Preservation Commission Public Hearing:
(1) Notice of the time, place and purpose of such hearing shall be given at least 14 calendar days prior to the hearing by one publication in a newspaper of general circulation in the city; and
(2) Notice of the hearing shall be given to the owners of all properties to be included in the district or districts and to the registered neighborhood association at least 14 calendar days prior to the hearing.
E. Final Report To City Council: After conducting the public hearing, the Commission may vote to proceed with the district, and shall submit a final report with its recommendations and a draft ordinance to the City Council.
F. Public Hearing By City Council: The City Council shall act upon the report and recommendation in accordance with the public hearing provisions of Chapter 11-03, Review and Decision Procedures. Upon approval by the Council of the ordinance establishing the historic district, the zoning maps shall be changed to reflect the addition of the "H" historic overlay zone.
G. Notification Of District:
(1) Upon passage of the ordinance, the owners of each property within the designated historic district, and the registered neighborhood association shall be given written notification of said designation by the Council.
(2) The Commission shall notify City Departments and other agencies as required under Section 11-05-09.16.
(3) One copy of the ordinance creating the district shall be filed in the office of the County Recorder of Ada County, Idaho.
H. Register Of Historic Districts: The Commission shall maintain a register of historic districts as required under Section 11-05-09.16.
I. Investigation Or Report Updates: The physical changes in the district that are approved by a Certificate of Appropriateness shall be added to the report/survey. Updates are not considered amendments to the historic district.
7. Procedure For Reclassification Of Buildings, Sites, Structures Or Objects Located Within Designated Historic Districts And Historic Districts - Residential:
A. 50-Year Time Passage: Any building, site, structure or object located within a designated historic district may on the 50th anniversary of its original construction be deemed historic which may change the classification from a non-contributing property to a contributing property. Classification may be changed through a survey and public process as outlined below.
B. Reclassification: Upon the motion of the Commission, or at the request of the Planning Staff, property owner or applicant (with consent of the property owner if not the same), the Commission may reclassify a building, site, structure or object within a designated historic district or historic district - residential from non-contributing to contributing or from contributing to non-contributing. Criteria for reviewing such changes in classification may include, but are not limited to:
(1) Errors In Original Inventories: A building, site, structure or object may be reclassified from non-contributing to contributing or from contributing to non-contributing if the Commission determines that an error was made on the original survey.
(2) Alterations/Additions/Restorations: A building, site, structure or object may be reclassified from contributing to non-contributing or from non-contributing to contributing if alterations, additions or restorations have been made so that the classification prior to the change no longer reflects the proper classification after the change.
C. Findings For Changes In Classification: The Commission shall approve a change in classification based on the following findings:
(1) Whether or not the building, site, structure or object is eligible for the National Register of Historic Places.
(2) Whether or not the building, site, structure or object contributes to the district.
D. Application Form: An application for a reclassification shall be submitted to the Commission on a form designated by the Commission and containing such information as required by the Commission.
E. Public Hearing/Notification: The Commission shall schedule a public hearing on any reclassification under Subsection B above. Notice of the time, place and purpose of such hearing shall be mailed to all adjacent property owners and residents, and the registered neighborhood association at least 14 calendar days prior to the hearing.
F. Appeal: Any applicant or party of record aggrieved by a determination of the Commission may appeal to the City Council as provided in Chapter 11-03, Review and Decision Procedures.
8. Designation Of Historic Landmarks: Historic Landmarks shall be designated by ordinance and in accordance with the following requirements:
A. The building, site, structure or object proposed for such designation shall meet one or more of the criteria required in Section 11-05-09.6(A). In addition, it must meet the criteria established for inclusion in the National Register of Historic Places as such criteria are applied to historic properties in the State by the Idaho Historic Sites Review Board.
B. The Commission, either on its own initiative or upon the request of the City Council, or upon the request of the owner of the property proposed to be designated, may recommend the designation of an historic landmark. Prior to recommending the designation the Commission shall conduct studies, research and investigations based on the relevant criteria given in Section 11-05-09.6(A). Thereafter, the Commission shall prepare a report containing recommendations concerning the historic landmark proposed to be designated and a draft of the designating ordinance to the City Council. The report of the Commission shall include comments regarding the suitability of the historic landmark for preservation or restoration. In case there is a question of an adaptive or alternative use of the historic landmark, the report shall include a statement regarding the appropriateness of such adaptive or alternative use. The report shall also include a statement regarding the administrative and financial responsibility of the person or organization proposing to undertake all or a portion of the cost of acquisition, restoration, maintenance, operation or repair, or the cost of adaptive or alternative use of the property to the extent that any, such considerations apply to the property proposed for designation. If the owner of the property proposed for designation has not consented to such designation, the report of the Commission shall also include a statement regarding the appraised value of the property.
C. For each designated historic landmark, the designating ordinance shall require the waiting period prescribed by Section 11-05-09.16 to be observed prior to its demolition, material alteration, remodeling or removal. The designating ordinance shall also provide guidelines for a suitable sign or marker on or near the historic landmark indicating that the property has been so designated.
(1) For properties designated as a historic landmark and located within a local historic district, the portions of this ordinance pertaining to the districts, takes precedence over the 180 day waiting period for demolition of the structure.
(2) For State or Federal properties which are designated as historic landmarks, the designation is an honorary effort and the city acknowledges that the repair, maintenance, demolition or remodel of the structure is not within its jurisdiction.
D. The City Council shall hold a public hearing on the designating ordinance, after having given written notice to the owners and occupants of the property and the publication of such notice in the time and manner required by Section 11-05-09.16.
E. Following such public hearing, the Council may act on the designating ordinance.
F. Upon passage of the designating ordinance, the owners and occupants of each designated historic landmark shall be given written notification of said designation by the Council, and one copy of the designating ordinance shall be filed in the office of the County Recorder of Ada County, Idaho.
G. The Commission shall give notice of such designation to the Tax Assessor of Ada County, Idaho.
9. Procedure For Removal Of Historic Designation: After the designation by ordinance of an historic district, historic district - residential; or property within such districts, such designation shall not be rescinded, except as hereinafter provided:
A. Application Form: The owner or owner's representative shall submit an application for removal of designation on a form designated by the Commission and containing such information as required by the Commission, including, but not limited to, a detailed explanation as to why the property (or properties) does not meet the criteria under which the district was adopted as outlined under Section 11-05-09.6.A(1)-(3). Nothing herein shall prevent the Commission from initiating such removals as well.
B. Public Hearing By Commission And Noticing Requirements: Prior to approval or denial of the application for removal of designation, the Commission shall schedule a public hearing on the request and notify, in writing, each property owner within the affected District if for removal of the entire historic District or 300' radius from the property boundaries for an individual property removal within the district and the registered neighborhood association at least 14 calendar days prior to the hearing. Notice of the time, date, place and purpose of such hearing shall also be published at least 14 calendar days prior to such hearing in a newspaper of general circulation within the city.
C. Action By The Commission - Approval Of The Request For Removal Of Designation:
(1) If, in the judgment of the Commission, when any building, site, structure or object included within a designated historic district, or designated as a historic landmark, has ceased to comply with the designation criteria or no longer exhibits the characteristics which qualified the property for inclusion within a historic district or for designation as an historic landmark, such property or properties may be recommended for exclusion from the boundary of such district, or if the district, as a whole, no longer complies with such criteria, it may be recommended for rescission of its historic designation, or such landmark may be recommended for rescission of its historic designation.
(2) If the Commission determines the proposed removal of designation is appropriate, it shall forthwith approve such application and shall prepare a report containing such recommendation of removal of designation and a draft of a proposed ordinance removing such designation to the City Council.
(a) Public Hearing By Council And Noticing Requirements: The City Council shall hold a public hearing on the proposed removal ordinance, after having given written notice as outlined in Section 11-05-09.6.A(1) above. The City Council shall act on the report and recommendation in accordance with the public hearing provisions of Chapter 11-03, Review and Decision Procedures.
(b) Notification Of Approval Of The Removal Ordinance: Upon approval of the ordinance, the owners and occupants of the historic district, historic district - residential or property within such district for which designation was removed shall be given written notification of such removal by the Council, and one copy of the ordinance shall be filed in the office of the County Recorder of Ada County, Idaho. The Commission shall give notice of such removal of designation to the Tax Assessor of Ada County, Idaho and to the Internal Revenue Service, Boise office. The zoning maps shall be changed to reflect the removal of the "H" historic overlay zone.
D. Action By The Commission - Denial Of The Request For Removal Of Designation: If the Commission determines that the application for removal of designation should not be recommended, it shall place upon its records the reason for such determination and shall forthwith notify the applicant of such determination and a copy of its reasons and its recommendations, if any, as appearing in the records of said Commission.
(1) Appeal Of Denial Of The Request For Removal Of Designation: Any applicant aggrieved by a determination of the Commission may appeal to the City Council in accordance with the provisions of Chapter 11-03, Review and Decision Procedures.
10. Procedure For Demolition Or Change In Use Of Historic Landmark: An historic landmark designated by ordinance as herein provided which is not part of an historic district, may be demolished, materially altered, remodeled, relocated or put to a different use only after 180 days written notice of the owner's proposed action has been given to the Historic Preservation Commission in accordance with the following procedures:
A. During this period, the Commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property. The Commission may enter into negotiations with the owner for the acquisition by gift, purchase, or exchange of the property or any interest therein during this 180 day period or any such action as is reasonably necessary or appropriate for the continued preservation of the property.
B. The Commission may notify, in writing, property owners within a 300' radius of the historic landmark and the registered neighborhood association of the request to demolish, alter, remodel, relocate or change the use of the historic landmark; and may allow such owners and the registered neighborhood association to provide input within the 180 day waiting period.
C. The Commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship unless a reduction in the required period were allowed. The Commission shall have the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the Commission insuring the continued maintenance of the historical, architectural, archeological or cultural integrity and character of the property.
D. At the end of the required waiting period, as reduced or waived if such be the case, the designation of such historic landmark shall be rescinded and a draft of a proposed ordinance removing such designation shall be prepared and submitted to the City Council for approval.
11. Ordinary Repairs; Public Safety: Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district, or of any historic landmark which does not involve a change in design, material or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature when the Building Official shall certify such is required for the public safety because of an unsafe or dangerous condition.
12. Acquisition Of Property:
A. All lands, buildings, structures, sites or areas acquired by funds appropriated by the city shall be acquired in the name of the city unless otherwise provided by the governing board. So long as owned by the city, historic properties may be maintained by or under the supervision and control of the city.
B. Nothing in this chapter shall be construed to allow the designation, regulation conditioning, restriction or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies or instrumentalities.
13. Acquisition Of Historic Easements:
A. The city may acquire, by purchase or donation, historic easements in any area within the jurisdiction of the city wherever and to the extent the Council determines that the acquisition will be in the public interest. For the purpose of this section, "historic easement" means any easement, restriction, covenant or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of places of historical, architectural, archeological or cultural significance.
B. The City Council shall seek a recommendation from the Historic Preservation Commission regarding the historic easement and proposed resolution.
14. Maintenance And Repair Required; Demolition By Neglect:
A. Any property located within an historic district, historic district - residential or designated as a landmark shall be preserved by the owner, or such other person or persons as may have the legal custody or control thereof, against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such resource if it is found to have one or more of the following defects, or other defects that in the judgment of the Commission has a detrimental effect on the historical characteristics of the property or district.
(1) The deterioration of exterior walls or other vertical supports;
(2) The deterioration of roofs or other horizontal members;
(3) The deterioration of exterior chimneys;
(4) The deterioration or removal of exterior finishes or fenestration;
(5) The ineffective waterproofing of exterior walls, roofs and foundations including broken windows or doors; and
(6) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
B. If the Commission makes a preliminary determination that a resource is being demolished by neglect, it shall direct the Boise City Building Division to notify the owner(s) of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record 28 days from the date of mailing of such notice to commence work to correct the specific defects as determined by the Commission.
C. If the owner(s) fail to commence work within the time allotted as evidenced by a Building Permit, the Commission shall notify the owner(s) in writing to appear at a public hearing before the Commission at a date, time and place to be specified in said notice, which shall be mailed at least 28 days before the said hearing. The Commission shall also notify in writing adjacent property owners and the registered neighborhood association of such hearing. The Commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner(s) may present evidence in rebuttal thereto. If, after such hearing, the Commission shall determine that the resource is being demolished by neglect, it may direct the City Attorney to commence legal action against the owner(s) if the necessary repairs are not completed within 90 days or a time frame as specified by the Commission.
15. Exemption From Fire Or Building Codes: The Council, in order to promote the preservation and restoration of any historic landmark, or property within a historic district may, upon the recommendation of the Commission, exempt an historic landmark or property within a historic district from the application of the City Fire or Building Codes upon compliance with the criteria for exemption set forth in said codes and upon a finding that non-exemption would prevent or seriously hinder the preservation or restoration of said historic landmark or property in a historic district. Upon rescission of a historic designation, any code exemption herein granted shall be revoked effective the date of rescission.
16. Notice Of City Departments And Other Agencies; Register Of Historic Districts And Landmarks: In addition to all other transmittals and notices required by this Chapter, the Commission shall notify the departments of Boise City and other agencies regarding the designation or removal of designation of historic districts and landmarks, and shall maintain a register of such districts and landmarks.
A. Within 7 calendar days after the designation by ordinance of any historic district or landmark, the Commission shall notify all departments of Boise City and other governmental agencies having a regulatory or legally prescribed duty affecting such district or landmark. The notice shall state the fact of such designation, identify the boundary of the district, or the address of the landmark, and shall summarize the effect such designation will have.
B. The Commission shall maintain a current register and map of all historic districts and landmarks which have been designated by ordinance. Such register and map shall be made public and available to the city departments, other governmental agencies and any interested person.
17. Signs: In addition to a sign application, a staff level Certificate of Appropriateness shall be received for any sign located within a Historic District. The following finding shall be made in order to issue the Certificate of Appropriateness:
A. The sign shall be congruous with the building in design, materials, size and location.
A. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1000.00.
B. Any person, who files with the Commission an application or request for a Certificate of Appropriateness who willfully makes any false statement in such application or request, or who, upon demand, willfully furnishes false information to the Commission, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1000.00.
C. For the purpose of this section, each day during which there exists any violation of any provision herein will constitute a separate violation.