TITLE 11
DEVELOPMENT CODE
DEVELOPMENT CODE
SECTION:
11-01-01: Title And Authority
11-01-02: Effective Date
11-01-03: Purpose
11-01-04: Applicability
11-01-05: Area Of City Impact
11-01-06: Relationship To Other Laws And Regulations
11-01-07: Relationship To City Policies And Best Practices
11-01-08: Relationship To Private Covenants
11-01-09: Transition From Prior Zoning Code
11-01-10: Severability
1. Title: This Code shall be known as the "Boise Zoning Code" and is referred to in this document as the "Code."
2. Authority: This Code is adopted under the authority for the Local Land Use Planning Act (LLUPA) established in Title 67, Chapter 65, of the Idaho State Statutes including, but not limited to §67-6520 ("the Local Land Use Planning Act"); Plats and Vacations established in Title 50, Chapter 13; and Preservation of Historic Sites established in Title 67, Chapter 46. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)
This purpose of this Code is to:
1. Promote the public health, safety, and general welfare of present and future residents;
2. Bring about coordinated and efficient development that encourages affordable and fair housing, stimulates economic opportunity, and promotes diverse, inclusive communities with a variety of housing choices for residents;
3. Preserve and enhance natural resources, promote the use of environmentally friendly development practices, and promote energy conservation and alternative energy production;
4. Protect the character of residential, institutional, business, employment, and natural areas;
5. Achieve an integrated approach to land use and transportation to provide a safe, efficient, equitable transportation system for pedestrians, bicyclists, transit, and vehicles;
6. Emphasize the importance of high-quality urban design in the built environment; and
7. Protect the City's historic resources and support the development of public spaces that promote community interactions, gatherings, and cultural events. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)
1. Uniform Applicability:
A. It shall be unlawful to use any building, structure, or land or to erect, move, structurally alter, convert, extend, or enlarge any building or other structure except in conformity with the requirements established in the base zoning district, and in any applicable overlay zoning district, in which the structure, building, land, or use is located and in compliance with all applicable provisions of this Code.
B. In addition to complying with all applicable provisions of this Code, no property shall be allowed to maintain an attractive nuisance or public nuisance at any time.
2. Public Services Excepted: This Code shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation, or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all federal, state, county, and city regulations:
A. Public street or highway.
B. Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves, or any other similar distributing and transmitting equipment for telephone or other communications; electric power, gas, water, and sewer lines, provided that the installation shall conform when applicable with the rules and regulations of any federal or state commissions and agencies, or any other authorities having jurisdiction and subject to other city ordinance provisions, rules, and regulations; except that poles, towers, or similar installations of a height of 85 feet or greater are subject to the standards in Section 11-03-03.5.J, Utility Facility, Minor. Electrical substations are considered a major utility facility and are subject to the requirements of this Code.
C. Railroad right-of-way, excluding yards and stations.
D. Incidental appurtenances to any of the above. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)
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