47-20 - DESIGN REVIEW PRIOR TO DEMOLITION
Ordinance NO. ORD-47-20
BY THE COUNCIL BAGEANT, CLEGG , HALLYBURTON, SANCHEZ, THOMSON AND WOODINGS
AN ORDINANCE AMENDING THE BOISE DEVELOPMENT CODE, BOISE CITY CODE TITLE 11 CHAPTER 3, SECTION 4 TO REQUIRE DESIGN REVIEW PRIOR TO DEMOLITION OF STRUCTURES WITHIN EXISTING DESIGN REVIEW DISTRICTS; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:
Section 1. That Title 11, Chapter 3, Section 4, Boise City Code, be, and the same is hereby amended to read as follows
11-03-04. SPECIFIC PROCEDURES
12. DESIGN REVIEW
1. Ensure the general appearance of development is in compliance with the Comprehensive Plan.
2. Enhance important environmental features of the city and the physical characteristics of the land; and
3. Ensure the orderly and harmonious development of the community.
1. D and DD Districts Within the D and DD Districts, any visible exterior improvement or alteration to a site, building, or structure, including demolition, shall require design review.
a. Detached single-family residential uses are exempted from the requirements of this chapter, except as allowed per Section 11-06-03.03 for development on substandard original lots of record.
b. Approval may be issued in the form of a Zoning Certificate or as part of a building permit for the following types of work as determined by the Planning Director:
i. Awnings and canopies
ii. Building additions or accessory buildings less than 200 square feet
iii. Minor landscape or parking lot revisions
iv. Minor repairs which do not result in discernable changes
vii. Roof/fascia changes
viii. Window/door modifications
c. Accessory single-family residential parking areas containing more than three parking spaces within D overlay districts shall be subject to administrative design review.
2. Minor Design Review
The following design review applications are considered minor and may be reviewed by the Director.
a. In D Districts
i. A two story or less residential building containing two to six units.
ii. A residential planned unit development of less than 50 dwelling units that has been approved by the PZC.
iii. An office or commercial building not exceeding 5,000 square feet gross floor area that is not adjacent to a residential district or use.
iv. An industrial building not exceeding 10,000 square feet gross floor area that is not adjacent to a residential district or use.
v. A non-residential planned unit development less than two acres in size that has been approved by the PZC.
vii. Modification to an existing building or site.
viii. Parking lots.
ix. Demolition of structures (excluding uninhabited accessory structures).
x. Modifications to approved plans as per Step 8, Modification.
b. In all DD Districts
i. All minor alterations to existing buildings.
ii. Signs designed in conformance with the provisions of the sign regulations.
iii. Parking lots.
iv. Any canopies and awnings.
v. Demolition of structures (excluding uninhabited accessory structures).
Figure 11-03.12 shows the procedural steps in the review of applications for design review. The common procedures of Section 11-03-03.4 shall apply, with modifications as indicated below. If a proposal requires associated approvals by the Planning and Zoning Commission or City Council, those shall be approved first.
1. Step 1: Pre-Application Conference
2. Step 2: Neighborhood Meeting
Not required except for substandard lot applications.
3. Step 3: Application Submittal
Applications that are for new buildings or building additions greater than 200 sq. ft. shall be prepared by, or under the direct supervision of, a duly licensed architect who shall be clearly identified on such designs, unless exempted under Idaho Code, Section 54-306.
4. Step 4: Notice
Applicability shall be as follows:
a. Required when the DRC holds a public hearing for design review. The Director shall provide notice pursuant to Section 11-03-03.4 and this Section.
b. When the Director has decision authority as indicated in Step 7, Decision, no hearing notice is required. However, if it is determined that there is a potential for adverse impact, the Director shall send a copy of the approval letter to adjacent property owners and residents (including those across a street or alley) informing them of the decision and of the right to appeal.
5. Step 5: Application Processing
Pursuant to Section 11-03-03.4, the Director shall:
a. Determine whether the application meets the criteria for administrative review or must be reviewed by the DRC;
b. Refer the application to other agencies; and
c. Prepare a report with findings and a decision.
6. Step 6: Public Hearing
Required, except when the Director has decision authority as indicated in Step 7, Decision. The DRC shall hold public hearings pursuant to Section 11-03-03.4.
7. Step 7: Decision
Decision authority is as follows:
a. D, C, or DC Designations
Except for minor design review applications, approvals shall be granted by the DRC.
b. Limitations of Design Review Authority Designations
Except for development on substandard lots of record, the DRC is prohibited from requiring reductions in height, density or floor area ratio, or other general bulk regulations unless for reasons public safety, health, or diminution of property values.
i. Site Design
A. Traffic Impact
That traffic impact is minimized and the pedestrians and cyclists have been provided for through the use of sidewalks, pathways, landscaping, and safe parking lot design.
B. Landscaping, Stabilization, and Screening
That landscaping screens buffer adjacent uses, and screen or conceal unsightly areas, including sites vacant due to demolition.
C. Grading and Drainage
That on-site grading and drainage have been designed so as to minimize off-site impact and provide for erosion control.
That signs provide for business identification, minimizes clutter comply with the sign regulations.
That utility systems do not detract from building design and that their size and location are appropriate and maintainable.
ii. Structure Design
The design (architecture) of buildings in the D and DD districts shall be in accordance with the following:
A. Building Mass
The building mass should be consistent with development in the immediate area.
B. Building Facades
The height to width relationship should be compatible and consistent with the architecture in the area.
C. Openings in the Facades
Openings in the facade shall be consistent with the architecture in the area. (For example, balconies, bays, and porches are encouraged with a minimum of monotonous flat planes to provide shadow relief).
D. Exterior Materials
Exterior materials that complement surrounding development in terms of color and relief should be utilized.
E. Commercial/Industrial Buildings Adjacent to Residential
The design shall minimize impacts on adjoining (including across a street or alley) residential uses and districts.
iii. Adopted Plans and Design Guidelines
Adopted plans and design guidelines in the appendix, including the Citywide and Downtown Design Standards and Guidelines as adopted by the City Council, are to be used in reviewing applications. (Ord 40-13 Amended 10/15/13; Ord. 13-13 amended)
8. Step 8: Modification
a. Minor Modification
The following minor modifications may be approved by the Director:
i. Modifications to administrative design reviews.
ii. Relocation of building pads or dwelling units provided that the modification does not significantly alter the site in terms of parking layouts, vehicular circulation, landscaping, etc.
iii. Increase or decrease in a setback in compliance with Code.
iv. Change in materials, colors, window and door locations, and mechanical units, provided building design remains essentially the same.
v. Modification to a recreation area or open space design, but not to include a significant reduction in area or elimination.
vi. A change in landscape design or plant types, minor parking lot revisions, or minor site revisions.
b. Major Modification
The following major modifications must be approved by the DRC:
i. Those impacting an adjoining residential neighborhood.
ii. Any that was a subject of appeal.
iii. Those that would, in the opinion of the Director, significantly alter site or building design.
iv. Modification of a condition of approval.
9. Step 9: Appeal
a. Appeals of Director decisions are to the DRC, and DRC appeals are to the PZC pursuant to Section 11-03-03.4.
b. Grounds for an appeal may include:
i. Inconsistency with the purpose and objectives of this Code;
ii. Unreasonable economic hardship;
iii. Undue interference with the design integrity of the proposal;
iv. Discriminatory prevention of an allowed land use; and
v. Prohibition or unwarranted restriction of building type, material, or method.
c. A waiver of the appeal period may be required in accordance with Section 11-03-03.9.B(5).
10. Step 10: Term of Approval
A design review permit shall lapse after 24 months pursuant to Section 11-03-03.4.
Section 2. That the Summary of this Ordinance, attached hereto as Exhibit A, is hereby approved as to both form and content.
Section 3. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication.
ADOPTED by the Council of Boise City, Idaho, on December 8, 2020.
APPROVED by the Mayor of the Boise City, Idaho, on December 8, 2020.
Lauren McLean, Mayor
Lynda Lowry, Ex-Officio City Clerk