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11-01-01:TITLE AND AUTHORITY:
   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)
11-01-02: EFFECTIVE DATE:
This Code shall become effective on December 1, 2023. All references in this Code to the "Effective Date of this Code" or to the "Effective Date" shall refer to that date unless otherwise stated. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)
11-01-03: PURPOSE:
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)
11-01-04: APPLICABILITY
   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)
11-01-05: AREA OF CITY IMPACT:
   1.   Area of City Impact Boundary Map: The Area of City Impact is the area designated on the Boise City Area of City Impact Boundary Map as amended, incorporated in this Code by reference. Copies are available for inspection at the Planning and Development Services Department and on the City's website.
   2.   Annexation Area: Boise City shall limit its annexation to those lands within its Area of City Impact. If Boise City wishes to annex lands outside of its Area of City Impact, it shall renegotiate its Area of City Impact Boundary with Ada County in accord with Idaho Code 67-6526(d) unless renegotiation is not required pursuant to Idaho Code 50-222, Annexation by Cities, Category A.
   3.   Applicable Plan Policies and Ordinances:
      A.   The adopted Comprehensive Plan shall apply within the unincorporated part of the Boise Area of City Impact.
      B.   The Zoning Ordinance set forth in Title 8 of the Ada County Code shall be used to implement the Comprehensive Plan within the Area of City Impact. All land use applications shall also comply with the provisions of this Chapter.
      C.   The Boise City Uniform Street and Address Number Ordinance set forth in Section 7-4-1 of the Boise City Code shall apply to all property within the Area of City Impact. Street names and addresses shall be assigned by Boise City. Existing street names and addresses in the Area of City Impact, not in compliance with the Boise City Uniform Street and Address Number Ordinance at the time this Section goes into effect, shall not be changed until address changes are necessary for address continuity.
      D.   The Boise City Impact Fee Ordinance set forth in Title 9, Chapter 2 of the Boise City Code shall be applicable within the Area of City Impact in accordance with the Agreement for the Collection of Boise City Park Impact Fees for Development in the Boise City Area of City Impact. Development of parks by Boise City within the Area of Impact shall be subject to the provisions of the agreement, adopted by Boise City and Ada County, and made a part of this Code by this reference.
   4.   Coordination of Plan Amendments, Code Amendments, and Zoning Applications:
      A.   At least 30 days prior to a Planning and Zoning Commission (PZC) hearing, all County and City amendments to their respective Comprehensive Plans and Zoning Ordinances that apply within the Boise City Area of City Impact shall be sent by the entity considering such amendment to the other entity. The City shall send all Code Amendments to the County.
      B.   At least 30 days prior to any public hearing, all County applications for subdivisions, rezones, and conditional use permits within the Boise City Area of City Impact shall be sent to Boise City. Written comments and recommendations shall be sent to Ada County no later than 24 days after the referral is received. The City Council may direct that the PZC or staff review and comment on such applications.
      C.   Applications for Subdivisions and Zoning Map Amendments within the Boise Area of Impact shall occur as a result of a request for annexation to Boise City; however, Ada County may consider such applications in those exceptions where annexation is not approved by Boise City or where the parcel on which such application is filed is not contiguous to Boise City and therefore cannot be annexed.
   5.   Renegotiation:
      A.   In accordance with Idaho Code 67-6526(d), the Boise City Council or the Board of Ada County Commissioners may request to renegotiate any provision of this Section 11-01-05.5. Within 30 days of receipt of such written requests by each party, a meeting between the two jurisdictions shall occur.
      B.   While renegotiation is occurring, the provisions of this Section shall remain in effect until this Chapter is amended or a substitute ordinance is adopted by Boise City and Ada County, in accordance with the notice and hearing procedures provided in Ada County and Idaho Codes, or until a declaratory judgment from the District Court is final. However, this Section or stipulated portions of this Section shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-01-06: RELATIONSHIP TO OTHER LAWS AND REGULATIONS:
   1.   Other Laws:
      A.   All the provisions of this Code shall be liberally construed in favor of the governing body and shall not be deemed to limit or repeal any other powers granted under state statutes. Where this Code imposes greater restrictions than those imposed by other law or by private restrictions, this Code shall prevail.
      B.   The stricter provisions of the Boise Air Terminal regulations, Central District Health, and other regulating ordinances or codes shall apply in the enforcement of this Code.
   2.   Most Restrictive Regulations Govern:
      A.   Wherever the regulations of this Code require a greater width or size of building setbacks, are more restrictive as to height of building or permit a lower number of stories, require a greater percentage of lot to be left unoccupied, or impose standards that are more restrictive than are required by any other City ordinance or regulation, the provisions of this Code shall apply.
      B.   Notwithstanding Subsection 1., above, in the case of a conflict between the standards in an overlay district and another provision of this Code, the provisions of the overlay district shall apply.
      C.   Wherever the provisions of any other City ordinance or regulation require a greater width or size of building setbacks, are more restrictive as to the height of buildings or permit a lower number of stories, require a greater percentage of lot to be left unoccupied, or impose other standards that are more restrictive than are required by the regulations contained in this Code, the provisions of such ordinance or regulation shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-01-07: RELATIONSHIP TO CITY POLICIES AND BEST PRACTICES:
The City maintains a repository of adopted policies and best practices. These policies and practices may be used to supplement the interpretation of this Code when they are not inconsistent with the provisions of this Code or other adopted city, state, or federal laws or regulations. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)
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