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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)
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)
This Code is not intended to impair or interfere with other regulations of private restrictions on the use of land improvements and structures. The provisions of this Code shall be in addition to, and shall not be deemed to repeal, abrogate, or impair any other ordinance, regulation, easement, covenant, or deed restriction. Where this Code imposes greater restrictions than those imposed by private restrictions, this Code shall prevail. The City shall not have any obligation to enforce any private covenant or agreement unless it is a party to the covenant or agreement; if the City is a party to the covenant or agreement, enforcement shall be at the discretion of the City. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
1. The enactment of this Code shall not terminate or otherwise affect rights, Variances, permits, and approvals acquired or authorized under prior Code.
2. Except as stated in Subsection 3., where any development permit or approval required by this Code and any Building Permit required by the City has been issued for the construction of a building or structure, and for an authorized use and occupancy of that use, in accordance with the law prior to the Effective Date, the building or structure may be completed in conformance with the approved plans and on the basis for which the development permit or approval and/or Building Permit had been issued, provided construction of the building or structure is commenced.
3. Applicants that have a valid pre-application meeting case number prior to the Effective Date of this Code but have not submitted a complete application prior to the Effective Date shall be subject to the terms and conditions of this Code. Upon showing an undue hardship, an applicant may be allowed by the Planning and Zoning Commission to process such applications under the terms and conditions of the previous Code.
4. Prior zoning classifications shall convert to the zoning districts of this Code generally in accordance with Table 11-08.1 in Chapter 11-08, Appendix A. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
Each section, clause, and provision of this Code is declared severable. If a court of competent jurisdiction declares that any section, clause, or provision of this Code is invalid, the same shall not affect the validity of the remainder of this Code as a whole, or any other part of this Code, or the application of the provisions to other persons or circumstances, and the remainder shall continue in full force and effect. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)