1. Purpose: The purpose of this Section 11-05-03 is to describe the organization, powers, and duties of the offices and governing bodies responsible for the administration of this Code.
2. City Council:
A. Duties, Jurisdiction, and Authority: The Boise City Council ("the Council") is the final legislative authority on zoning and land use decisions. The Planning Director and all commissions and committees indicated in this Code function at the direction of the City Council. Specific duties and authority of the City Council related to this Code include but are not limited to the following:
(1) Confirm the Mayor's appointments to the memberships of the Planning and Zoning Commission, the Design Review Commission, the Historic Preservation Commission, and the position of Hearing Examiner;
(2) After receiving a recommendation from the Planning and Zoning Commission, Design Review Commission, or Historic Preservation Commission, hear and decide all legislative matters including but not limited to Comprehensive Plan Adoption or Amendments, including amendments to the Future Land Use Map, Code Text Amendments, Annexation of Land, Zoning Map Amendments, Area of Impact provisions, emergency ordinances and moratoriums.
(3) Hear and decide applications as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures and in Sections 11-05-04, Common Procedures, 11-05-05, Specific Procedures, and 11-05-06, Nonconformities; and
(4) Hear and decide appeals of decisions of the Planning and Zoning Commission, Design Review Commission, and the Historic Preservation Commission.
B. Membership: The membership of the City Council shall be as set forth in Election of Council Members by Designated Seat in Title 1, Chapter 9 of the Boise City Code.
C. Procedures:
(1) General: Rules of procedure for the City Council are set forth in Title 1, Chapter 6 of the Boise City Code.
(2) Emergency Ordinances:
(a) If the City Council finds that an imminent peril to the public health, safety, or welfare requires adoption of ordinances, or adoption of a moratorium upon the issuance of certain classes of permits, or both, it shall issue a written statement containing the reasons for the adoption. The City Council may then proceed to a hearing without recommendation of a commission and upon any abbreviated notice of hearing that it finds practical to adopt the ordinance or moratorium.
(b) An emergency ordinance or moratorium may remain in effect for no more than 182 days. Restrictions established by an emergency ordinance shall not be imposed for consecutive periods. Further, an intervening period of not less than one year shall exist between an emergency ordinance or moratorium and reinstatement of the same emergency ordinance or moratorium. To sustain restrictions established by an emergency ordinance beyond the 182 day period, the City Council shall adopt an interim or regular ordinance, following the notice and hearing procedures in Section 11-05-04.5, Scheduling and Notice of Public Hearing.
(3) Interim Ordinances:
(a) If the City Council finds that a plan, plan component, or amendment to a City plan is being prepared, it may adopt interim ordinances following the notice and hearing procedures provided in Section 11-05-04.5, Scheduling and Notice of Public Hearing. The City Council may also adopt an interim moratorium upon the issuance of certain classes of permits if, in addition to the foregoing, the City Council finds that an imminent peril to the public health, safety, or welfare requires the adoption of an interim moratorium.
(b) An interim ordinance shall state a definite period of time, not to exceed one calendar year, during which it shall be in effect. To sustain restrictions established by an interim ordinance, the City Council shall adopt a regular ordinance, following the notice and hearing procedures provided in Section 11-05-04.5, Scheduling and Notice of Public Hearing.
3. Planning and Zoning Commission:
A. Duties, Jurisdiction, and Authority: For enabling legislation for the Planning and Zoning Commission (PZC) generally, see Title 2 of the Boise City Code. Duties, jurisdiction, and authority of the PZC related to this Code include but are not limited to the following:
(1) Prepare and recommend approval of a Comprehensive Plan and periodically review the provisions of the plan and report its findings and recommendations to the City Council;
(2) Review and decide applications as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures and in Sections 11-05-04, Common Procedures and 11-05-05, Specific Procedures;
(3) As indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures and in Sections 11-05-04, Common Procedures and 11-05-05, Specific Procedures, submit to the City Council, following a public hearing, a report of findings and a recommendation to approve, approve with conditions, or deny each application;
(4) Initiate, from time to time, a review of the provisions of this Code, report its findings and recommendations to the City Council;
(5) Petition the City Council requesting an amendment of this Code or the Comprehensive Plan, provided that it shall first have held public hearings following the procedures provided in Section 11-05-04.5, Scheduling and Notice of Public Hearing; and
(6) Perform other functions related to the administration of this Code or related regulations authorized by City Council.
B. Membership:
(1) Composition:
(a) The PZC shall consist of not less than seven nor more than eleven voting members.
(b) Members of the PZC shall be appointed by the Mayor and confirmed by the City Council. Members may reside outside of the city limits and within the Area of Impact. The Mayor, in the same manner, shall appoint a member to fill an unexpired term in case of a vacancy.
(2) Term of Office: Appointment to such office shall be for the period of four years. No person shall serve more than two full consecutive terms without specific concurrence by two-thirds of the City Council adopted by motion and recorded in minutes. If a vacancy shall occur during any unexpired term, the Mayor, with the confirmation of the City Council, shall appoint a member for the balance of the term.
(3) Chair: The PZC shall appoint one of its members as Chair of the PZC, who shall hold office as Chair for such term as the PZC shall so designate, and the PZC may elect a Vice-Chair who shall act as Chair in the absence of the Chair of the PZC.
C. Procedures: The rules of procedure for the PZC are as set forth in Title 2, Chapter 4 of the Boise City Code and the by-laws adopted by the PZC.
(1) Compensation: The members of the PZC shall serve and act without compensation, except that their actual and necessary expenses shall be allowed by the City Council and the City shall provide the necessary and suitable equipment and supplies to enable the PZC to properly transact and perform its business.
(2) Quorum: A majority defined as half plus one of the active appointed members of the PZC shall be necessary to constitute a quorum for the transaction of business.
(3) Meetings and Attendance:
(a) The PZC shall meet in regular hearing once per 30 days on the first Monday of the month for at least nine months of the year. The PZC may hold additional hearings following the regular monthly hearing if required by the volume of applications received, and at such other times as may be called by the Chair or by the Mayor.
(b) The members of the PZC are expected to attend scheduled meetings. Members may be excused from attendance due to personal illness, family emergencies, or out of town business trips. PZC members whose attendance at scheduled meetings falls below 60 percent without cause within any given year may be removed from the PZC by the Mayor with the approval of Council.
(4) Conflict Of Interest Prohibited: Members of the PZC shall honor the Code of Ethics within Title 1, Chapter 8 of the Boise City Code and shall not participate in any proceeding or action when the member or their employer, business partner, business associate, or any person related to the member by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered.
4. Design Review Commission:
A. Duties, Jurisdiction, and Authority: The duties, jurisdiction, and authority of the Design Review Commission related to this Code include, but are not limited to the following:
(1) Maintain and enhance valued environmental features of the city, and ensure that the general appearance of buildings and structures does not impair or preclude the orderly and harmonious development of the community;
(2) Review all development proposals within the Design Review Overlay Districts or subject to the adopted Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, and as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, Sections 11-05-04, Common Procedures and 11-05-05, Specific Procedures.
(3) Develop and recommend to the PZC for Council adoption, special design criteria districts including additional requirements relating to bulk and design or design standards for specific uses, types of uses, parking standards, streetscapes, or other similar items. Where a special district has been adopted, it shall be designated on the zoning map; and
(4) Perform other functions related to the administration of this Code or related regulations authorized by City Council.
B. Limitations: The DRC is specifically prohibited from requiring reduction in density, reduction in floor area ratio, or other regulations set forth in Table 11-04.2: Residential District Dimensional Standards and Table 11-04.3: Mixed-Use, Industrial, and Open Land District Dimensional Standards that cannot be shown to be required by reason of public safety, health, or destruction or diminution of property values, except as allowed per Section 11-04-03.4, Residential Small Lots.
C. Membership:
(1) Composition: The DRC shall consist of not less than five nor more than nine voting members. Members of the DRC shall be appointed by the Mayor and confirmed by the City Council with due regard to the proper representation of such fields as architecture, landscape architecture, engineering, planning (environmental, urban, and town), and the visual arts. Only one member may reside outside of the city limits and within the Area of Impact. The Mayor, in the same manner, shall appoint a member to fill an unexpired term in case of a vacancy.
(2) Term Of Office: Members shall each serve for a four year term. If a vacancy occurs, the Mayor, with the consent of the City Council, shall appoint a member to fill an unexpired term or may be appointed for a full term.
(3) Chair: The DRC shall appoint one of its members as Chair who shall hold office for a term of office designated by the DRC. The DRC shall elect a Co-Chair to act as the Chair in the absence of the Chair.
D. Procedures:
(1) Compensation: The members of the DRC shall serve without pay but shall be reimbursed by the City for necessary expenses incurred in connection with their duties.
(2) Quorum: A majority defined as half plus one of the active appointed members of the DRC shall be necessary to constitute a quorum for the transaction of business.
(3) Meetings: The DRC shall meet in regular hearing once per 30 days on the second Wednesday of each month. The DRC may hold additional hearings following the regular monthly hearing if required by the volume of applications received, and at such other times as may be called by the Chair or by the Mayor.
5. Historic Preservation Commission:
A. Duties, Jurisdiction, and Authority: The duties, jurisdiction, and authority of the Historic Preservation Commission (HPC) are as follows:
(1) Conduct a survey of local historic properties and landmarks;
(2) Recommend contracting with the state or federal governments in the pursuit of the objectives of historic preservation;
(3) Cooperate with the federal, state, and local governments in the pursuit of the objectives of historic preservation;
(4) Participate in the conduct of land use, urban renewal, and other planning processes undertaken by the City, the County, or any other governmental entity;
(5) Recommend ordinances and otherwise provide information for the purposes of historic preservation within the city;
(6) After having received prior consent of the owner, occupant, or person in charge, and solely in performance of official duties and only at reasonable times, enter upon private lands for the examination or survey such lands; and
(7) Review all development proposals within the HD-O district and as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, Sections 11-05-04, Common Procedures, and 11-05-05, Specific Procedures.
B. Membership:
(1) Composition: The HPC shall consist of not less than five nor more than nine voting members. Members of the HPC shall be appointed by the Mayor and confirmed by the City Council with due regard to the proper representation of such fields as history, architecture, urban planning, archeology, and law. Only one member may reside outside of the city limits and within the Area of Impact. The Mayor, in the same manner, shall appoint a member to fill an unexpired term in case of a vacancy.
(2) Term of Office: All appointments shall be for a term of three years. If a vacancy occurs, the Mayor, with the consent of the City Council, shall appoint a member to fill an unexpired term or may be appointed for a full term.
(3) Chair: The HPC shall appoint one of its members as Chair of the HPC who shall hold office as Chair for a consecutive period not to exceed two years. The HPC may also appoint a Co-chairman who shall act as the Chair in the absence of the HPC Chair.
C. Procedures:
(1) Compensation: The members of the HPC shall serve without pay but shall be reimbursed by the City for necessary expenses incurred in connection with their duties.
(2) Quorum: A majority defined as half plus one of the active appointed members of the HPC shall be necessary to constitute a quorum for the transaction of business.
(3) Meetings: The HPC shall meet in regular hearing once per 30 days. The HPC may hold additional hearings following the regular monthly hearing if required by the volume of applications received, and at such other times as may be called by the Chair or by the Mayor.
6. Hearing Examiner:
A. Duties, Jurisdiction, and Authority:
(1) This Section authorizes the PZC to use the services of a Hearing Examiner pursuant to the authority granted in Idaho Code §67-6520 ("the Local Land Use Planning Act").
(2) The Hearing Examiner may conduct hearings on behalf of the PZC on matters as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures and in Sections 11-05-04, Common Procedures, and 11-05-05, Specific Procedures.
B. Qualifications: A person filling the position of Hearing Examiner shall be a professionally trained attorney or planner, and/or have land use law legal training and/or experience. The Hearing Examiner shall be approved by the Mayor and City Council.
C. Procedures:
(1) Meetings: The Hearing Examiner shall meet in regular hearing once per 30 days. The Hearing Examiner may hold additional hearings following the regular monthly hearing if required by the volume of applications received, and at such other times as may be called by the Chair or by the Mayor.
(2) The Hearing Examiner shall review all information supplied by the Planning Director prior to any hearing the Hearing Examiner is authorized to conduct.
(3) The hearing shall be conducted in accordance with Section 11-05-04.5, Scheduling and Notice of Public Hearing and applicable state law.
(4) At the completion of each hearing, the Hearing Examiner shall render a decision supported by a summary of testimony, findings of fact, and conclusions of law. The decision and supporting materials shall be filed with the Planning Director and shall be available to the applicant and the public no later than 30 days after the close of each hearing.
7. Planning Director:
A. Duties, Jurisdiction, and Authority:
(1) It shall be the duty of the Planning Director to provide for the administration of this Code and the Comprehensive Plan. The Planning Director shall serve as the technical staff on planning and zoning issues.
(2) Duties and responsibilities of the Planning Director may be formally delegated to City Officials in subordinate positions to the Planning Director.
(3) The specific duties and responsibilities of the Planning Director related to this Code shall include, but not be limited to the following:
(a) Provide and maintain a continuing program of public information on zoning matters and provide planning and zoning assistance to the public as requested;
(b) Submit a written report evaluating applications, to the appropriate bodies;
(c) Review all development proposals and make those recommendations or decisions indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, Sections 11-05-04, Common Procedures, and 11-05-05, Specific Procedures;
(d) Review Building Permit applications for zoning compliance;
(e) Provide public notice of hearings;
(f) Maintain records and files of all zoning applications;
(g) Initiate revisions and amendments of this Code and the Comprehensive Plan;
(h) Prepare special studies and plans;
(i) Ensure the proper administration of this Code and the Comprehensive Plan including:
i. Interpretation of the meaning and application of the Code in specific instances;
ii. Determine the application of the Code where there is no specific guidance as in the classification of uses not specifically identified in this Code;
iii. Determine the required procedures for applications including minor modification of procedures;
iv. Resolve conflicts in adopted code provisions; and
v. Approve alternative means for compliance with adopted code requirements.
(j) Coordinate applications with the appropriate City departments and other public or quasi-public agencies;
(k) Serve as Floodplain Administrator; and
(l) Perform other functions related to the administration of this Code or related regulations as directed or authorized by City Council.
B. Qualifications: The person filling the position of Planning Director shall be professionally trained or a licensed planner and/or have land use law legal training and/or experience. The Planning Director shall be appointed by the Mayor and confirmed by the City Council. The Planning Director shall serve at the pleasure of the Mayor.
8. Floodplain Administrator:
A. Duties, Jurisdiction, and Authority:
(2) Duties: The duties, jurisdiction, and authority of the Floodplain Administrator are as follows:
(a) Review Applications: Review all applications for Zoning Map Amendments, Subdivision Plats, and Conditional Use Permits to determine:
i. If the development is within an Area of Special Flood Hazard;
ii. That all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and
(b) Interpretations:
i. Make interpretations of the location of the boundaries of the Floodway and the Floodway Fringe.
ii. When uncertainty exists as to whether a new development is within an Area of Special Flood Hazard, determine whether development is within the Floodway or Floodway Fringe.
(d) Available Data: Obtain, review, and reasonably use any base flood elevation and floodway data available from a federal, state, or other source when such data has not been provided in the Flood Insurance Study.
(e) Record Keeping: Compile and maintain in perpetuity for public inspection all records pertaining to the provisions of Sections 11-02-07.3.F, FP-O Flood Protection Overlay and 11-04-05.3, Flood Hazard Standards, including records of all appeal actions and Variances, records of first floor elevations, flood-proofing certificates, letters of map amendment, and all other records required by those sections or by federal regulations.
(f) Notification: Notify adjacent jurisdictions and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administrator, and require that the flood-carrying capacity of the altered or relocated portion of that watercourse is maintained.
i. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
ii. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(g) Engineer Certification:
i. Require that for all new or substantially improved structures in an Area of Special Flood Hazard along the Boise River or in the gulches, a licensed professional engineer or registered land surveyor certify the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of the structure and record the certified elevation, whether or not the structure contains a basement.
ii. Require that for all new or substantially improved structures in an Area of Shallow Flooding in an Area of Special Flood Hazard, a licensed professional engineer or registered land surveyor shall certify the actual height in feet, as measured from the building edges at the lowest floor height to the highest ground that surrounds the building and record the certified height, whether or not the structure contains a basement.
iii. Require that for all new or substantially improved flood-proofed nonresidential structures, a licensed professional engineer or registered land surveyor certify that the actual elevation (in relation to mean sea level) to which the structure is flood-proofed, and maintain copies of the flood-proofing certificates as required in Sections 11-02-07.3.F, FP-O Flood Protection Overlay and 11-04-05.3, Flood Hazard Standards.
(i) Corrective Procedures: When the Floodplain Administrator finds violations of applicable state and local laws, it shall be their duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
9. City Engineer:
A. Duties, Jurisdiction, and Authority:
(1) Designation:
(a) The City Engineer shall be that person designated by the Director of Public Works to administer and implement the duties of that office. The City Engineer shall perform all duties referenced in this Code related to the development or redevelopment of property, either jointly or in consultation with the Planning Director and other City Officials, as applicable.
(b) Upon request from the Planning Director, the City Engineer shall provide technical assistance and information including, but not limited to, verifying field surveys and technical information submitted by any applicant for new development. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)