11-05-02: CONSERVATION OVERLAY DISTRICTS:

   1.   Generally:

      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:

Figure 11-05.1: Boundary of Hyde Park Conservation District

      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)
RESTAURANT
	0 - 40 seats	1 space/20 seats
	41 - 80 seats**	1 space/10 seats
	Over 81 seats**	1 space/2 seats
RETAIL
	0 - 750 square feet	1 space
	751 - 2000 sq. ft.**	1 space/300 sq. ft.
	Over 2001 sq. ft.**	1 space/200 sq. ft.
OFFICE
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
Address	Current Business	Leasable square feet*	Number of seats, if applicable	Existing number of parking spaces	Parking Space Assignments
13th Street
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
1517 1/2	Big Bikes		none	1	93
1517	Antique Store		none	1	92
1512	Parilla Grill	1400	76	7	44 - 47 & 53 - 55
1513	The Gallery	3616	none	1	91
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
Eastman
1304	Integrated Packaging Sys.		none	1	97
Alturas
1306	Polar Design	2200 (owner provided)	none	2	95 - 96
1304	Antiques		none	-	-
* per Ada County Assessor's Office 2/21/05

 

   3.   Near North End Conservation District:

      A.   Purpose:

         (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:

Figure 11-05.2: Boundary of Near North End Conservation District

         (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.