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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)
1. General:
B. Not all common review procedures apply to every development application type. Section 11-05-05, Specific Procedures identifies how these common review procedures are applied to specific development application types and identifies additional procedures and requirements beyond the general review procedures.
C. If an application under this Code is proposed to be developed as a condominium under Idaho law, the proposed or approved condominium documents required by Idaho law shall be submitted to the City along with other required application materials. This requirement applies to all condominium developments, regardless of whether they involve the division of airspace or the division of surface land into separate areas for individual or shared occupancy, ownership, or development. The City may review the submitted condominium documents in connection with applications for the related development under this Code to evaluate their consistency with the adopted Comprehensive Plan or this Code.
2. Four Paths for Review and Approval: The City uses four different types of procedures for reviewing and making decisions on applications under this Code.
A. Type 1 - Ministerial Decisions:
(1) Purpose: The purpose of Type 1 procedures is to process simple applications where planning requirements may be reviewed at the time a Building Permit or other ministerial approval is issued.
(2) General Procedure: Unless modified by another provision of this Code, Type 1 applications are reviewed and decisions made by the Planning Director or a City Official, as described in more detail in Section 11-05-05.1.
B. Type 2 - Planning Director Decisions:
(1) Purpose: The purpose of Type 2 procedures is to process applications for allowed uses, with or without Use-Specific Standards (or Use-Specific Form Standards), and other types of applications where some interdepartmental or interagency collaboration is required, but no review by an appointed body is necessary.
(2) General Procedure: Unless modified by another provision of this Code, Type 2 applications are reviewed and decisions made by the Planning Director or a City Official after Interdepartmental Review, as described in more detail in Section 11-05-05.2.
C. Type 3 - Appointed Body Decisions:
(1) Purpose: The purpose of Type 3 procedures is to process applications for conditional uses, allowed uses with alternative forms, and other complex applications that require interpretation and the exercise of discretion in making a decision by an appointed body.
(2) General Procedure: Unless modified by another provision of this Code, Type 3 applications are reviewed and decisions made by an appointed City Official or Commission and require public notice and hearing as described in more detail in Section 11-05-05.3
D. Type 4 - City Council Decisions:
(1) Purpose: The purpose of Type 4 procedures is to process the most complex development applications, changes to the procedures or standards in this Code or the zoning map, and legislative actions that require public notice and hearing, recommendation by an appointed body and action by City Council.
(2) General Procedure: Unless modified by another provision of this Code, Type 4 applications are reviewed and decisions made by City Council, as shown in more detail in Section 11-05-05.4.
3. Pre-Submittal Activities: Pre-submittal activities include the Concept Review, Neighborhood Meeting, and Interdepartmental Review, if any, required for each type of application as shown in Table 11-05.1: Summary of Review and Decision-Making Procedures.
A. Concept Review:
(1) Purpose: The purpose of a Concept Review is to discuss the concept of the proposed development with Planning and Development Services staff on an informal basis to identify the potential alignment of the project with this Code and the Comprehensive Plan, as applicable.
(2) Applicability: This procedure applies to all Type 2, 3, and 4 applications under this Code.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall request a Concept Review by request to the Planning Director or through the City's website.
(b) The applicant shall bring to the Concept Review all information listed as required on the City's website.
(c) At the time of Concept Review, the Planning Director may require an Interdepartmental Review for any Type 2 application if the Planning Director determines the project as proposed will present concerns related to safety and connectivity, solid waste collection, life safety service, or any other service or facility provided or maintained by the City.
(4) Effect: Any information or discussions held at the Concept Review meeting shall not be binding on the City or the applicant. Discussions of potential conditions or commitments to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition or commitment to an approval.
(5) Noticing: No public notice of a Concept Review meeting is required.
B. Neighborhood Meeting:
(1) Purpose: A Neighborhood Meeting is intended to allow residents, property owners, businesses, and organizations in the area surrounding a proposed development an early opportunity to learn about the project details and to provide feedback to the applicant before significant resources have been expended on project design and engineering.
(2) Applicability: A Neighborhood Meeting shall be required as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, that includes most Type 3 and Type 4 applications. The Planning Director may waive this step for projects that the Planning Director determines have little potential to create significant material impacts on the surrounding neighborhood.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall hold a meeting allowing the public to review the proposed project only after any required Concept Review meeting with the City has been held.
(b) A Neighborhood Meeting shall be held no more than four months prior to submission of the request for Interdepartmental Review, in a finished, climate-controlled structure near the project site in a venue that is accessible to persons experiencing mobility impairments (e.g., those using wheelchairs or walkers) and vision impairments, Monday through Thursday, excluding holidays, and shall start between 6:00 p.m. and 8:00 p.m. Hybrid meetings that include both in-person and virtual attendance options may be allowed.
(c) The mailed invitation to the Neighborhood Meeting shall include the specifics of the planned meeting in addition to the description of the project, general site plan of the proposed development, and the contact information of the applicant including email and telephone number.
(d) A second Neighborhood Meeting may be required by the Planning Director because of the size and complexity of the project, the potential to create significant impacts, or if the application has substantially changed since the initial Neighborhood Meeting.
(e) The Planning Director may, but is not required to, assign a City staff member to attend the Neighborhood Meeting, based on the Planning Director's determination of the size, complexity, and potential impacts of the development on the surrounding neighborhood.
(f) The applicant shall bring to the Neighborhood Meeting a general site plan for the proposed development, that does not need to include precise dimensions, but that shall indicate the height and general location of primary and accessory structures on the property, proposed vehicle parking and service areas, and proposed points of pedestrian, bicycle, and vehicular access to the property. The applicant is not required to provide any level of engineering detail for the site or architectural elevations of proposed primary or accessory structures.
(g) After the Neighborhood Meeting, the applicant shall complete and submit to the City a detailed summary of the Neighborhood Meeting presentation and discussion, using a template available on the City's website.
(4) Effect: The City will not schedule an Interdepartmental Review pursuant to Section 11-05-04.3.C until the detailed summary of the Neighborhood Meeting has been received.
(5) Noticing: Notice shall be mailed following the standard notification procedures for mailed noticed in Section 11-05-04.5A(2), Scheduling and Notice of Public Hearing, as well as residents of the project site known to the owner, at least 10 days prior to the scheduled Neighborhood Meeting. Hand deliveries shall not be used as a substitute for mailed notice. Notice does not convey a property right.
C. Interdepartmental Review:
(1) Purpose: The purpose of an Interdepartmental Review is to allow staff from the Planning and Development Services Department, other City departments and agencies, and other public and quasi-public groups an opportunity to review draft application materials and neighborhood feedback received through the Neighborhood Meeting (if required) to identify potential issues related to their respective services before the applicant has prepared required application materials at a 100 percent level of detail. The review also enables reviewing departments, agencies, and groups the ability to specify the detailed information required to address the issues of their concern necessary for the application to be completed.
(2) Applicability: An Interdepartmental Review is required as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures. The Planning Director may waive this step for projects that the Planning Director determines do not have potential material impacts on the services or facilities of other City departments or agencies or other public or quasi-public agencies. The Planning Director may require an Interdepartmental Review for any Type 2 application if the Planning Director determines that the application may create significant impacts on surrounding areas.
(3) Procedure:
(a) When required by Subsection (2) above, the applicant shall request an Interdepartmental Review by a written request to the Planning Director. The Planning Director shall determine which departments and agencies' facilities and services are potentially affected by the proposed application and shall schedule the meeting in consultation with those departments and agencies.
(b) The applicant shall bring to the review all draft application materials with at least 50 percent of the detailed information required for a complete application, as determined by the Planning Director.
(c) The representatives of departments and agencies included in the meeting may make recommendations to the applicant as to changes to the application materials or the design of the project needed to comply with their respective standards or requirements or the additional necessary for them to complete their review when a full application is submitted.
(d) The Planning Director shall document any recommendations made at the Interdepartmental Review and that document may, at the Planning Director's discretion, be included with the full application materials for referral and consideration by the review and decision-making bodies if and when a full and complete application is submitted to the City.
(4) Effect: Following any required Interdepartmental Review, the applicant may proceed to file a complete application for the proposed project pursuant to Section 11-05-04.4, Application Submittal and Processing, below.
(5) Noticing: No public notice of an Interdepartmental Review meeting is required.
4. Application Submittal and Processing:
A. Application Submittal and Fees:
(1) Application Requirements:
(a) Applications shall be submitted on prescribed forms available on the City's website and shall be accompanied by all required supporting documents, as shown on the City's website.
(b) Additional submittal requirements necessary to evaluate the application may be required, as determined by the Planning Director, based on the size, complexity, or potential impacts of the project on the surrounding neighborhood or the City's transportation system, utility, or other public services or systems.
(c) The Planning Director may waive application submittal requirements if the Planning Director determines that those materials or level of detail are not required to evaluate potential impacts of the proposed development or compliance with the requirements of this Code.
(2) Application Fees: The Planning Director shall maintain a list of fees as established by the City Council and shown on the City's website, and the applicant shall pay all required application fees to the City in full before an application will be reviewed by the Planning Director or scheduled for a public hearing. No portion of required application fees shall be refunded if an application is abandoned, withdrawn, or denied following.
(3) Application Resubmittal: Except as indicated in Section 11-05-05, Specific Procedures, no application that has been denied shall be resubmitted in substantially the same form, as determined by the Planning Director, in less than one year unless the reviewing body issuing the denial allowed for a resubmittal within that time.
B. Application Processing:
(1) Incomplete Application:
(a) The Planning Director shall notify the applicant of any deficiencies in the application. No application will be verified as complete until the applicant has corrected the deficiencies and resubmitted the application for a determination of completeness.
(b) If the applicant fails to resubmit an application with any additional or corrected materials necessary to make the application complete within 90 calendar days after being notified of submittal deficiencies, the application shall be considered abandoned and no further steps to review the application will be taken by the City.
(c) No application shall be reviewed for compliance with this Code or scheduled for a public hearing by any review or decision-making body until it is determined to be complete.
(2) Complete Application: Upon receiving an application, the Planning Director shall determine whether the application is complete. A complete application is one that:
(a) Contains all information and materials required by Subsection A. above;
(b) Is in the form required by the City's website for submittal of that type of application; and
(c) Is accompanied by the fee established for the type of application being submitted upon determining that an application is complete, the Planning Director shall accept the application for review in accordance with the procedures and standards of this Code.
(3) Withdrawal of Application: An application shall be deemed withdrawn and the review terminated if:
(a) The applicant requests that the application be withdrawn; or
(b) The applicant fails to respond or submit revised plans, reports, or correspondence to the Planning Director for more than 90 days following a request from the Planning Director. The Planning Director may extend the response period for good cause shown by the applicant.
(4) Application Referrals: Applications requiring public hearings shall be referred to all interested or affected city departments, Registered Neighborhood Associations in good standing, and all political subdivisions providing services to the site, as determined by the Planning Director, for review and comment. Application referrals to the Registered Neighborhood Association shall be in addition to, and not in lieu of, mailed public hearing notice.
C. Concurrent Permit Processing: When a proposed development or activity requires more than one permit or approval under this Code, the applicant may request, or the Planning Director may require that all of the applications shall be reviewed and a decision on the related decisions be made by the highest level review body authorized to make a decision on any of the required applications. In that case:
(1) A project or activity that requires both a Type 1 and Type 2 approval shall be processed as a Type 2 approval.
(2) A project or activity that requires a Type 1 and/or Type 2 approval as well as a Type 3 approval shall be decided by the Type 3 review body (HPC, DRC, or PZC).
(3) A project or activity that requires a Type 1, Type 2 and/or Type 3 approval as well as a Type 4 approval shall be decided by the Type 4 review body (City Council).
D. Mediation:
(1) Applicability: When a difference arises between or among persons affected by a proposed development that will require an approval by an appointed body or City Council under this Code, the City Council, the PZC, the applicant, or any person affected by the proposed development may request mediation pursuant to Section 67-6510 of the Idaho Code.
(2) Timing of Mediation Request: Mediation may occur at any point during the decision-making process or after a final decision has been made. If a mediated resolution is agreed to by the participating parties after a final decision has been made, the revisions resulting from such resolution shall be the subject of a new public hearing before the decision-making body that made the initial decision.
(3) Written Request Required: Mediation may be requested by submission of a written request to the Planning Director. An affected person is one having an interest in real property or residing in or doing business in real property that may be adversely affected by the issuance or denial of a permit or approval. The request shall include a statement of concerns and issues and the desired outcome of the mediation.
(4) Notification of Willingness to Participate: The Planning Director shall forward the request to the applicant or affected persons on the other side of the issue, as determined by the Planning Director. The notice shall state that these parties have seven days to notify the City as to whether or not they will participate in mediation.
(5) Tolling of Time Limits: Upon notice of a request for mediation all time limits related to hearings and appeals are tolled until:
(a) All parties on one side of an issue decline further participation in the mediation process; or
(b) No mediation session is scheduled for a period of 28 days from the date the request for mediation is received.
(6) Participation: The parties shall participate in at least one mediation session if requested by the PZC or Council. If the applicant or affected person declines to participate in mediation and the City Council declines to direct mediation, the mediation process and the tolling of time limits are ended.
(7) Expenses of Mediation: The City Council shall select and pay the expenses of the Mediator for the first session. Any additional sessions shall be paid for by participating parties.
(8) Mediation Not Part of the Application Record: The mediation process shall not be part of the official application or project record and shall not be disclosed or used in any subsequent City hearings on the application or appeal of a decision on such application.
5. Scheduling and Notice of Public Hearing:
A. Notice:
(1) Published Notice: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that published notice is required, notice of the time and place and a description of the proposal shall be published in the official newspaper of Boise City at least 15 days prior to any required public hearing. Based on the size, complexity, or potential impacts of a proposed application, the Planning Director may require that notice shall be provided to other newspapers, radio, City website, social media and television stations servicing the city for use as a public service announcement.
(2) Mailed Notice: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that mailed notice is required, notice shall be mailed to the applicant and to property owners, tenant addresses known to the City, and Registered Neighborhood Associations whose boundaries include the subject property, at least 15 days prior to any required public hearing:
(a) Within the subject property;
(b) Within 300 feet from the external boundaries of the subject property, unless otherwise noted below:
i. For River System Permits, 500 feet upstream and 1,000 feet downstream from the project site;
ii. For Comprehensive Plan Amendments, Zoning Map Amendments, Subdivision Plats five acres or greater, and Conditional Use Permits or development in a PUD zoning district involving properties larger than one acre or on a gateway street, 500 feet;
iii. For Certificates of Appropriateness and Reclassifications of Historic Resources, to adjacent property owners and residents (including tenants); and
iv. For Variances, to adjacent properties , except that a Variance to increase maximum building height by over 100 feet shall require notice to a distance from the property equal to three times the height of the proposed structure.
(c) The Planning Director may require that mailed notice also be sent to additional area(s) if the public interest would be better served by expanding the notification area.
(3) Posted Notice:
(a) General:
i. Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that posted notice is required, and when an appeal of a decision is filed, sign(s) regarding the application shall be posted in a conspicuous place on the premises at least 15 days prior to any required public hearing. The applicant shall be responsible for the timely posting of all sites and for the documentation of such postings.
ii. The Planning Director may require larger sized sign(s) or additional sign(s) if the Planning Director determines that the public interest would be better served by expanding the size or number of required signs.
(b) Placement and Quantity:
i. The notice(s) shall be posted along each street frontage, excluding Interstate 84, adjacent to the subject property boundaries, and shall be oriented perpendicularly to the lot line/property line.
ii. The base of the notice shall be at least three feet above the ground.
iii. If the property has street frontage of 1,000 feet or more, a notice shall be placed at each end of that street frontage.
iv. If the notice(s) cannot be placed on the property and still be clearly visible, the notice(s) may be placed within the public right-of-way with the written consent of the owner of the right-of-way.
(c) Proof of Posting: 10 days prior to the public hearing, the applicant shall submit to the City a notarized statement and photograph of the posting stating where and when the notice(s) were posted. If the required statement is not received by that date, the hearing will be deferred.
(d) Removal: The posted notice(s) shall be removed no later than three days after the public hearing for which the notice(s) was posted.
(4) Alternate Forms of Notice:
(a) When mailed notice is required for 200 or more property owners or tenant addresses known to the City, an alternative form of notice may be provided as follows:
i. In lieu of mailed notices, two additional newspaper notices as described in Subsection (1), above; and
ii. The general area that is the subject of the application may be posted with notice in lieu of posting a separate notice on each lot or parcel included in the application.
(b) If the Planning Director determines that it is in the public interest to do so, due to the size, complexity, or potential impacts of specific applications or types of applications under this Code, the City may send, or cause to be sent, electronic notices to those property owners or tenant addresses known to the City in the area surrounding the site that is the subject of the application.
(5) Notice of Continued Hearing: At any public hearing, the review body may order the hearing to be continued by publicly announcing the time and place of continuance. No further notice shall be required.
(6) Adequacy of Notice:
(a) The City Clerk's and Planning Director's proof of publication, mailing, and posting shall constitute proof of notice.
(b) If the applicant provides evidence that the required notices were timely provided, then the failure of an intended person or organization to receive actual notice due to changes of address since the latest update to the City real estate records, or due to changes of e-mail addresses since those were last provided to the City, or due to s in postal delivery or newspaper publishing, or for other reasons beyond the control of applicant or City, shall not be grounds for a delay of application review or public hearings, and shall not be grounds for appeal of the resulting decision.
B. Public Hearing Procedure and Conduct:
(1) Types of Public Hearings:
(a) Legislative: Legislative hearings include hearings on amendments to, or enactments of, any ordinance. They also include revisions or amendments to the Comprehensive Plan, to the text of this Code or Zoning Map, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps.
(b) Quasi-Judicial: Quasi-judicial hearings are hearings in which the review bodies are making decisions on the development of a specific property.
(2) Timing of Public Hearings:
(a) The date for hearings before any appointed body shall be established by the Planning Director based upon hearing dates as follows:
i. The application shall be scheduled at the next available hearing.
ii. The Planning Director may extend the review time for applications based on their size, complexity, or potential impacts of the project on the surrounding neighborhood, or the City's transportation system or utility systems.
iii. Deferrals due to lack of quorum, lateness of the hour, or a request by the applicant shall extend any required time during which the hearing shall be held, pursuant to Section 11-05-04.5.B(3)(c) Review Body Deferral Procedure, below.
(b) Council hearing dates shall be established at a Council meeting.
(3) Conduct of Public Hearings Before Review Bodies: The following provisions govern the conduct of public hearings before the Hearing Examiner, the Planning and Zoning Commission (PZC), the Design Review Commission (DRC), and the Historic Preservation Commission (HPC), unless another provision of this Code states an exception to these provisions.
(a) Requirements:
i. Sign-In Roster: A sign-in roster shall be kept at the entrance to the hearing room for all persons who wish to testify at the hearing on a particular application or issue.
ii. Allotted Time for Testimony: In order to accommodate all participants, the Chair may determine the time allotted to each speaker within the following parameters:
A. The applicant and staff shall be provided up to 30 minutes for a presentation.
B. Any Registered Neighborhood Associations that are located within the notification radius shall be provided a minimum of 10 minutes for their presentation or testimony. Only the representative of the Registered Neighborhood Association who has been authorized by the association's established procedures to represent the association in the matter before the review body shall be allowed the amount of time identified above. Any other member of such association shall be limited to three minutes.
C. The general public shall be provided three minutes for their presentation or testimony.
iii. Submission of Written Documents and Evidence to a Review Body:
A. Every document referred to by any person during testimony (including charts, maps, photographic evidence, or any other physical evidence) shall be identified and entered into the record of the proceeding. Such exhibits shall be incorporated into the public record in the Planning and Development Services Department. In most cases, a decision will be made at the end of the hearing; therefore, it is strongly encouraged that documents be given to the Planning and Development Services Staff as early as possible before the hearing so that all evidence will be adequately reviewed by staff and the review body.
B. A review body cannot review written documents handed to them during the hearing while listening to verbal testimony. Further, the submission of such documents does not allow other parties time to address the material. Therefore, the submission of written information to a review body may be accepted to the extent that it is a copy of the testifying party's oral testimony presented to the review body. All other written testimony and documents shall be submitted to the Planning Director by 5:00 pm. on the Thursday preceding the review body hearing in order to be included in the record presented to the review body.
iv. Recording: All proceedings shall be recorded and all material presented shall be maintained by the City. The record shall be made and maintained in a manner such that the hearing record may be transcribed.
v. Disclosure and Inquiry: Review body members shall disclose any comments received or observations they have made, or discussions they have had regarding the application prior to and outside of the public hearing proceedings. Disclosure shall be on the record prior to the time for testimony to allow parties of record to address them. Disclosure shall include from whom the comments were received, with whom the person making the comments is affiliated and the nature of the comments, as well as any related documents.
(b) Review Body Consent Agenda:
i. Criteria for Consent Agenda: Routine, uncontested applications may be placed on a consent agenda in accordance with the procedures in this Subsection (b). Based upon a recommendation from the Planning Director, the Chair shall identify all items proposed for the consent agenda at the beginning of the public hearing. Only applications that meet the following criteria shall be considered for the consent agenda:
A. There has not been any written or oral opposition to the application.
B. The Planning Director and the applicant are in agreement on the findings and conclusions and recommended conditions of approval.
C. The application complies with the Comprehensive Plan and this Code as proposed or as it will be modified by conditions of approval.
D. Members of the review body have no concerns with the application.
ii. Opposition to Consent Agenda:
A. If there is any opposition from any party or member of the public regarding an application, or if no one is present to testify, but written testimony was provided, that item shall not be placed on the consent agenda.
B. Once the consent agenda is established, the review body may approve all items on the consent agenda with one motion.
(c) Review Body Deferral Procedure:
i. Deferral Allowed: Applications that have been placed on the review body public hearing agenda may be deferred for no more than 60 days unless the applicant agrees to a longer period.
ii. Lack of Quorum or Lateness of Hour:
A. If the review body makes a specific finding at the public hearing that a limited delay is necessary due to the lack of a quorum or the lateness of the hour, then a delay can be granted to the next scheduled meeting of the review body.
B. A request for deferral may be initiated by a member of the review body, the applicant, or the Planning Director.
C. Scheduled agenda items shall only be deferred by the review body and only during the public hearing.
iii. Criteria for Deferral: Requests for deferral submitted prior to or at the start of the public hearing shall be ruled upon by the review body subject to the following standards:
A. The review body shall act on requests for deferral only after soliciting input from the applicant, the Planning Director, and the public attending the hearing.
B. If the applicant and the Planning Director are in agreement on the deferral, including the requested length of deferral, and there is no public opposition, the review body shall be deferred to a specific date whenever possible to avoid the need to repeat required public notice.
C. If a deferral is granted, any member of the public who cannot or will not return for a deferral hearing shall be provided an opportunity to testify.
iv. Deferral Process:
A. Indefinite Deferral Process: When action on an application has been deferred indefinitely at the applicant's request, the applicant shall pay an additional fee to cover the cost of re-advertising before the application is scheduled for a public hearing. Such fee shall be determined by the Planning Director.
B. Deferrals for Specific Applications: Unless the applicant agrees to a deferral, applications for Sexually Oriented Businesses, Religious Institutions, and other forms of expression and activity protected by the First Amendment or similar Idaho state law shall be decided within 45 days following the public hearing. Failure of the Commission to decide such an application within 45 days following the hearing shall result in its approval.
(d) Inclusion on Agenda: An application shall be considered as being on the agenda upon the mailing of radius notices to impacted property owners or tenant addresses known to the City. Prior to the placement of an application on the public hearing agenda, the applicant may submit a request for rescheduling to the Planning Director. The Planning Director may reschedule the hearing to an appropriate date if the applicant has requested rescheduling or if there are procedural or logistical reasons that justify rescheduling.
6. Decision:
A. Decision: The decision-making body shall approve, approve with conditions, or deny an application based upon the applicable standards and criteria in this Code. The decision shall be deemed to have been made on the date that the appointed or elected body adopts a reasoned statement or on the date that an administrative decision was mailed to the applicant. A decision is final unless appealed.
(1) Timing of Decision:
(a) Director or City Official Approval: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that the Planning Director or a City Official is authorized to make a decision, the Planning Director or official shall approve, approve with conditions, or deny the application and shall notify the applicant, in writing, of the decision and the reasons for modification or denial.
(b) Appointed Body Approval: Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that an appointed body is authorized to make a decisions, the appointed body shall take action within 60 days from the date of the initial public hearing unless the applicant agrees to a deferral for a longer period of time, or unless otherwise provided in this Code. The decision of an appeal body is considered to have been made when that body has issued the written reason statement of its decision.
(c) Optional Referral of Review and Decision to PZC, DRC or HPC: If Table 11-05.1: Summary of Review and Decision-Making Procedures authorizes the Planning Director to make a decision, and the Planning Director determines that the application is unusually large or complex or raises potentially unique or serious impacts on the City or the surrounding neighborhoods, the Planning Director:
i. May refer a decision for which the PZC is the appeal body directly to the PZC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the PZC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
ii. May refer a decision for which the DRC is the appeal body directly to the DRC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the DRC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
iii. May refer a decision for which the HPC is the appeal body directly to the HPC for an initial decision, in which case a public hearing pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing shall apply, and the HPC shall make a decision on the application using the criteria that would apply if the Planning Director had made the decision.
(d) Extended Review: The Planning Director may extend the review and processing period for large Zoning Map Amendment applications for rezoning to PUD. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other city departments, and coordination with the applicant.
(2) Reason Statement: The approval or denial of an application shall be in writing and accompanied by a statement that explains the applicable criteria and standards, states the relevant facts relied upon, and explains the rationale for the decision based on the applicable provisions of the Comprehensive Plan and this Code, relevant and statutory provisions, pertinent constitutional principles, and factual information contained in the record.
(3) General Decision Criteria:
(a) Decision by Planning Director, City Official, or Hearing Examiner:
i. Where Table 11-05.1: Summary of Review and Decision-Making Procedures indicates that the Planning Director, City Official, or Hearing Examiner shall make the decision on an application, the Planning Director, City Official, or Hearing Examiner shall approve the application, or approve it with conditions, if it complies with the following criteria. The decision shall be based on the evidence submitted with the application, comments from referral agencies, information on file with the Planning and Development Services Department, and any required approvals from other bodies.
A. The application complies with all applicable provisions of this Code and other City regulations, as modified by any previously approved Minor Modifications, Major Modifications, or Variances;
B. The property is not subject to a pending notice of violation or legal action as a result of a violation of any federal, state, county, or city land use law or administrative rule; and
C. The property is not subject to a Development Agreement containing any provision that was required to be performed before the date of the subject application and that has not been satisfied.
(b) Decision by Appointed Body or City Council:
i. When Table 11-05.1: Summary of Review and Decision-Making Procedures or another provision of this Code indicates that an appointed body or City Council under this Code shall make the decision on an application, the appointed body or City Council shall approve the application, or approve it with conditions, if it complies with the following criteria:
A. The application complies with all applicable provisions of this Code and other adopted City regulations, as modified by any previously approved Minor Modification, Major Modification, or Variance;
B. The application is consistent with any previous development approvals related to the property including but not limited to any Conditional Use Permit;
C. The application will not create any material negative impacts on adjacent properties; or any material negative impacts have been mitigated to the maximum extent practicable and the public benefits of the application outweigh any material negative impacts that cannot be mitigated; and
D. The application will promote the efficient use of land, resources, and existing infrastructure.
E. The application will not create any material negative impacts on the provision of public services, including schools.
F. The approval is not in conflict with the policies of the Comprehensive Plan.
(4) Conditions:
(a) A decision-making body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the purposes of the Comprehensive Plan and the general purpose of this Code stated in Section 11-01-03.
(b) All conditions of approval shall be reasonably related and proportionate to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City prior to the review of an application. Such conditions may include those necessary to carry out the purpose and intent of the Comprehensive Plan and this Code.
(c) During its consideration, the decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.
(d) Any conditions that require an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall include an individualized determination and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
(e) All required improvements shall be completed before the issuance of the first Certificate of Occupancy to the maximum extent practicable, or unless another time for completion is stated as a written condition of approval. If no condition of approval allows additional time for the completion of improvements, but the Planning Director determines that completion is not reasonably practicable before the issuance of the first Certificate of Occupancy, the Planning Director may allow in writing an extension of time of up to one year following the issuance of the first Certificate of Occupancy.
(5) Effective Date of Approval:
(a) An approval under this Code documented in any form other than an ordinance shall become final upon the issuance of a written reason statement and after 10 days have elapsed from the date following the written decision, provided however, that such effective date shall be stayed by the filing of an appeal under Section 11-05-04.7.A, Appeals.
(b) Ordinances shall be effective upon publication.
(6) Notice of Type 2 Administrative Decisions: The Planning Director shall mail notice to adjacent property owners, tenant addresses known to the City, and Registered Neighborhood Associations whose boundaries include the subject property upon approval of a decision made under this Code.
(7) Notice of Public Appointed Body and City Council Decisions:
(a) The Planning Director shall mail notice to the applicant, Registered Neighborhood Associations within which the property is located, and any appellant, within three business days following a decision under this Code. The notice shall indicate:
(b) The decision, and any conditions attached to any approval;
(c) Where a reason statement for the decision can be reviewed;
(d) Whether the decision can be appealed, and if so to what body, and the deadline for filing that appeal; and
(e) That the property owner can request a taking analysis pursuant to Section 11-05-04.6.C, Regulatory Takings Analysis.
(8) Reconsiderations of Review Body Decisions:
(a) Purpose: The purpose of this Section is to minimize the number of appeals, prevent new information related to the application from being presented for the first time on appeals, and resolve disputes at the lowest possible level. The decision-making body may reconsider a decision according to the procedure below and applicable provisions of Idaho law.
(b) Applicability:
i. This Section applies to any applicant or affected person who intends to seek judicial review of a decision made under this Code. The decision is not considered final, and no application for judicial review of the decision may be filed, until reconsideration of the decision pursuant to this Section has been requested and the provisions below have been completed.
ii. The 28 day time frame for filing an application for judicial review is tolled until a written decision upon reconsideration has been made, or until 60 days after the request for reconsideration is filed, whichever occurs first. If a decision upon reconsideration is not made within 60 days after the request for reconsideration is filed, the request for reconsideration is deemed denied.
(c) Procedure:
i. A request for reconsideration shall be filed within 14 days after the decision was made and shall state specific ways in which the decision does not comply with this Code or with applicable provisions of state or federal law.
ii. The public hearing process for reconsideration shall be the same as that applied to the initial decision, except that no additional public notice shall be required.
iii. If the applicant has modified the application, the review body shall determine if the revised application shall be reconsidered or if a new application is required.
iv. Upon reconsideration, the decision may be affirmed, reversed, or modified to comply with the provisions of this Code or with applicable provisions of state and federal law.
v. A decision on a reconsideration is not appealable.
B. Period of Validity:
(1) Approvals Run with the Land: Unless otherwise stated for a specific type of permit, application, or decision under this Code, or unless otherwise stated on the permit or approval document, permits, approvals, and approvals with conditions under this Code run with the land and are not affected by changes in ownership, tenancy, or the form of ownership or tenancy of the property. Subsequent owners and tenants of the property have the same rights and obligations with respect to the permit, approval, or decision as the initial applicant.
(2) Period of Validity: Unless otherwise indicated in Section 11-05-05, Specific Procedures, the term of an approval shall be as shown in Table 11-05.2 below, unless the property owner or permit holder has taken action to initiate construction of the improvements (including the installation of utilities), initiate the allowed use or activity, modify the property, or take other actions to use the authority granted in that permit or development approval within the period of validity.
TABLE 11-05.2: PERMIT AND APPROVAL VALIDITY | |
TYPE OF APPROVAL | PERIOD OF VALIDITY |
TABLE 11-05.2: PERMIT AND APPROVAL VALIDITY | |
TYPE OF APPROVAL | PERIOD OF VALIDITY |
Type 1 Ministerial Review | |
Hillside Development Permit - Category 2 | Three years form the date of approval |
Sign Permit for On-Premise Sign | One year from the date of approval |
Temporary Sign Permit | As stated in the Temporary Sign Permit |
Temporary Use Permit | As stated in the Temporary Use Permit |
Zoning Compliance Review | Two years from the date of approval |
Type 2 Administrative Decision | |
Allowed Use with Allowed Form | Two years from the date of approval |
Alternative Sign Plan | Two years from the date of approval |
Certificate of Appropriateness - Minor | Two years from the date of approval |
Conditional Use - Minor Expansion | Two years from the date of approval |
Design Review - Minor | Two years from the date of approval |
Floodplain Permit | Two years from the date of approval |
Legal Nonconformity - Confirmation, Change, or Minor Expansion | |
PUD Modification - Minor | Two years from the date of approval |
Reasonable Accommodation for Accessibility | Does not expire as long as the rationale for approval of the Reasonable Accommodation remains valid |
Record of Survey | Two years from the date of approval |
Residential Small Lot Approval - Minor | Two years from the date of approval |
River System Permit - Minor | Two years from the date of approval |
Zoning Certificate | Two years from the date of approval |
Type 3 Decisions by an Appointed Body | |
Allowed Use with Alternative Form | Two years from the date of approval |
Certificate of Appropriateness - Major | Two years from the date of approval |
Conditional Use Permit - Initial Approval or Major Expansion | Two years from the date of approval |
Design Review - Major | Two years from the date of approval |
Floodplain Variance | Two years from the date of approval |
Hillside Development Permit - Category 3 | Three years form the date of approval |
Legal Nonconformity - Major Expansion | Two years from the date of approval |
PUD Modification - Major | Two years from the date of approval |
Reclassification of Historic Resources | Two years from the date of approval |
Residential Small Lot Approval - Major | Two years from the date of approval |
River System Permit - Major | Two years from the date of approval, unless otherwise conditioned |
Variance | Two years from the date of approval |
Type 4 Decisions by City Council | |
Annexation of Land and Related Zoning Map Amendment | Do not expire |
Code Adoption or Amendment | Do not expire |
Comprehensive Plan Adoption or Amendment | Do not expire |
Development Agreement or Modification | |
Major Historic Preservation Actions | Do not expire |
Subdivision Plat - Preliminary, Final, and Replat | |
Zoning Map Amendment (Rezoning, including Planned Development) | Do not expire |
(3) Extension of Approval Term:
(a) The property owner or holder of a permit or approval subject to lapsing pursuant to this Section may file with the Planning Director a written request for an extension of the period of validity, provided that the request is received before the expiration of the permit and shows good cause why the permit or approval should be extended. If a request for extension is timely received, the approval expiration time limit shall be suspended between the time of filing and decision for an extension request.
(b) Provided that each written request is timely received, the Planning Director may approve up to two extensions of a permit or approval, neither of which may exceed one-half of the period of validity of the initial permit or approval, if the Planning Director determines that there is good cause for the extension. Good cause generally requires that the inability to initiate or complete the project for which the permit or approval was given was due to circumstances beyond the control of the property owner or the holder of the permit or approval.
(c) As an alternative to Subsection (b), the Planning Director may direct that the PZC hold a public hearing to determine whether the permit or approval shall be extended if the Planning Director determines that:
i. There have been significant amendments to the Comprehensive Plan or Code that will affect the permit or approval;
ii. There have been significant land use changes in the area surrounding the property that would adversely impact the project or be adversely impacted by the project; or
iii. There are hazardous situations that have developed or have been discovered in the area.
(d) If a public hearing on the extension is required, notice shall be provided per Section 11-05-04.5, Scheduling and Notice of Public Hearing.
(e) A new application and fee are required and shall be reviewed for compliance with current plans and ordinances.
C. Regulatory Takings Analysis:
(1) Applicability:
(a) Following a final decision on an application, the property owner may request in writing that the City conduct an analysis to determine if the approval, approval with conditions, or denial constitutes a regulatory "taking" of private property in violation of state or federal law.
(b) The decision is not considered final, and no application for judicial review of the decision may be filed, until reconsideration of the decision pursuant to this Section has been requested and the provisions below have been completed.
(2) Procedure:
(a) A request for a regulatory taking analysis shall be submitted to the Planning Director within 28 days from the date of the final decision.
(b) Upon request, the City shall prepare a written taking analysis of any decision or condition(s) of approval on any site-specific development application pursuant to the criteria in Subsection (3) below. The regulatory taking analysis shall become a part of the record related to the application.
(c) A requested regulatory taking analysis shall be provided to the real property owner within 42 days of the request. During the preparation of a taking analysis, any time limitations related to the application or action shall be tolled.
(d) If the analysis concludes that the decision created a regulatory taking of private property in violation of state or federal law, the decision shall be referred to City Council for corrective action to avoid the violation.
(e) If a regulatory taking analysis is requested by the property owner and is not prepared by the City, the decision for which the analysis was requested is voidable, and the property owner may seek judicial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a City action for noncompliance with paragraph (b) of this Subsection shall be filed in a District Court in the county in which the private real property affected by the decision is located.
(3) Criteria: The City shall use the most current regulatory taking guidelines of the Idaho Attorney General to prepare the takings analysis. The following guidelines are current as of the Effective Date:
(a) Does the regulation or action result in a permanent or temporary physical occupation of private property?
(b) Does the regulation or action condition the receipt of a government benefit on a property owner dedicating a portion of property, granting an easement, or expending funds for items unrelated to the impacts of the proposed action?
(c) Does the regulation deprive the owner of all economically viable uses of the property?
(d) Does the regulation have a significant impact on the landowner's economic interest?
(e) Does the regulation deny a fundamental attribute of ownership?
7. Post-Decision Actions and Limitations:
A. Appeals:
(1) Appeal of Administrative Decisions:
(a) General:
i. Except as noted in Subsection (ii), an affected person may file an appeal for review of an interpretation of this Code made by the Planning Director, or a decision of the Planning Director to abate violations or enforce the provisions of this Code pursuant to Section 11-05-07, Violations, Enforcement, and Penalties, or a decision for which Table 11-05.1: Summary of Review and Decision-Making Procedures identifies the Planning Director, a City Official, the Hearing Examiner, Design Review Commission, or Historic Preservation Commission as the decision-maker.
ii. Appeals of decisions for which Table 11-05.1: Summary of Review and Decision-Making Procedures requires public notice and a public hearing, including any appeal to City Council, may only be filed by a Party of Record or by someone entitled to receive mailed notice for that type of application pursuant to Section 11-05-04.5.A(2), Mailed Notice.
iii. The decision shall be heard by body the listed in Table 11-05.1.
iv. These provisions shall apply to appeals of administrative decisions in Specific Plan Districts unless an alternative appeal process is established in the Specific Plan District.
(b) Grounds for Appeal:
i. For an appeal of an administrative decision, the appeal shall list one or more of the following grounds for appeal:
A. Prevention of an allowed land use;
B. Prohibited or unwarranted restriction of building type, material, or method;
C. Misapplication or misinterpretation of the criteria in review of the application;
D. Conditions not authorized by Section 11-05-04.6.A(4), Conditions.
ii. For appeals of administrative decisions, the appeal shall list the section of this Code or applicable state or federal law that has been incorrectly applied or violated and a written description of how they have been incorrectly applied or violated. If the appeal alleges an error in applying floodplain regulations, it shall be supported by technical or scientific evidence.
(c) Procedure:
i. The appeal shall be submitted to the Planning Director within 10 days of the decision. The timely filing of an appeal stays further action based on the decision being appealed unless the Planning Director determines that a stay would cause imminent peril to life or property.
ii. The appeal shall be accompanied by the appeal fee established by City Council and available on the City's website. If the appeal is successful and the decision is reversed or modified, the appeal fee shall be refunded.
iii. Upon receipt of a timely appeal, the Planning Director shall:
A. Schedule the hearing before the appropriate appeal body shown in Table 11-05.1. for the next available public hearing date;
B. Provide notice pursuant to Section 11-05-04.5.A(2), Mailed Notice to the appellant, the applicant for the permit, approval, or decision being appealed; and
C. Transmit the record of the decision, including application materials submitted with the application, to the appeal body shown in Table 11-05.1.
iv. If more than one appeal is received related to the same interpretation, permit, approval, or decision, the Planning Director shall consolidate them into a single appeal and shall schedule a single public hearing on all appeals.
v. The appeal shall be conducted pursuant to the Section 11-05-04.5.B, Public Hearing Procedure and Conduct.
vi. The appeal shall be conducted on the record and the appellant shall bear the burden of demonstrating that the decision was in error. Testimony and evidence presented may include materials not included in the application, but shall be limited to matters relevant to those items of 11-05-05.3.D and sections of this Code and applicable state and federal listed in the appeal filing. Testimony based on special administrative or technical expertise shall be weighed accordingly.
vii. The appeal body may uphold, modify, attach conditions to, or reverse the decision being appealed in order to bring the decision into conformance with this Code or applicable provisions of state or federal law.
viii. The Planning Director shall mail notice of the appeal body decision to those individuals and organizations entitled to receive notice of the appeal pursuant to Subsection (e) above, and to Parties of Record at the public hearing on the appeal.
ix. A decision appealed to the PZC or HPC, as listed in Table 11-05.1 shall not be further appealed to City Council but may be subject to review the District Court pursuant to Idaho law.
(2) Appeals of Planning and Zoning Commission Decisions:
(a) Applicability: A Party of Record on decision of the PZC on an application for which Table 11-05.1: Summary of Review and Decision-Making Procedures shows the PZC as the decision-maker may file an appeal to City Council.
i. PZC decisions on appeals from decision of the Planning Director, or another City Official shall not be appealed to City Council.
ii. PZC recommendations to Council shall not be appealed since Council will consider the application and will consider the PZC recommendation at that time.
iii. These provisions shall apply to appeals of PZC decisions in Specific Plan Districts unless an alternative appeal process is established in the Specific Plan District.
(b) Procedure:
i. The appeal shall be submitted to the Planning Director within 10 days of the PZC decision. The timely filing of an appeal stays further action based on the decision being appealed unless the Planning Director determines that a stay would cause imminent peril to life or property.
ii. An appeal of a PZC decision to City Council may only be filed by a Party of Record or a person entitled to receive mailed notice for that type of application pursuant to Section 11-05-04.5.A(2), Mailed Notice.
iii. The appeal shall list the section of this Code or applicable state or federal law that has been incorrectly applied or violated and a written description of how they have been incorrectly applied or violated.
iv. Upon receipt of a timely appeal, the Planning Director or the City Clerk shall:
A. Notify the City Clerk and City Council of the appeal;
B. Schedule a public hearing before City Council on the first available date, as determined by Council.
C. Provide notice pursuant to Section 11-05-04.5.A(2), Mailed Notice to the Parties of Record.
D. Transmit to City Council the record relating to the decision being appealed and shall make the record available to the public.
v. If a Party of Record or a person entitled to receive mailed notice of the PZC public hearing believes that information has been omitted from the administrative record, they shall bring it to the attention of the Planning Director no later than 10 days prior to the date for the appeal hearing. If information has been omitted from the record, the Planning Director shall determine if the information was presented to the review body and, if so, shall include it in the record provided to the City Council.
vi. If more than one appeal is received related to the same interpretation, permit, approval, or decision, the Planning Director shall consolidate them into a single appeal and a single public hearing shall be held to consider all appeals.
vii. Supplemental documents may be submitted subject to the following:
A. The parties to the appeal and the Planning Director may file written arguments (memoranda) regarding the appeal within 14 days after the appeal deadline. For the purpose of this Subsection (vii), staff reports to the City Council regarding the appeal are not considered memoranda.
B. Replies to memoranda shall be filed within 21 days of the appeal deadline.
C. The Council may modify the schedule if the hearing date on the appeal is deferred.
viii. Memoranda, responses, and testimony and evidence presented shall not contain new facts or evidence or discuss matters outside the record but shall be limited to matters relevant to those items of error and sections of this Code and applicable state and federal law listed in the appeal filing. Memoranda, responses, and testimony based on special administrative or technical expertise shall be weighted accordingly.
ix. The appeal shall be conducted pursuant to the Section 11-05-04.5.B, Public Hearing Procedure and Conduct.
x. Except as noted in Subsection xi. below, the appeal shall be conducted on the record and the appellant shall bear the burden of demonstrating that the decision was in error.
xi. Where an appeal of a decision by the PZC is combined with or related to a decision for which Table 11-05.1 shows City Council as the decision-maker, the City Council may hear the appeal of the lower body's decision de novo.
xii. After conducting the public hearing on the appeal, City Council may uphold, modify, attach conditions to, or reverse the decision being appealed in order to bring the decision into conformance with this Code or applicable provisions of state or federal law. If the City Council determines that the procedural steps required by this Code were not followed, the City Council may remand the decision to PZC with instructions to comply with required procedures. The City Council shall adopt a written reason statement in support of its decision, based on the grounds for appeal listed in the appeal filing.
xiii. A City Council decision to modify, attach conditions to, or reverse a PZC decision shall be based on one or more of the following criteria:
A. The decision violates state or federal law.
B. The decision exceeds the statutory or delegated authority of PZC.
C. The decision was made through procedures that are unlawful or are inconsistent with this Code.
D. The decision is not supported by substantial evidence.
E. The decision is arbitrary, capricious or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented. Even if the record, memoranda, responses, and testimony would support two different interpretations of what this Code and applicable state and federal law requires, the action is not arbitrary and capricious if exercised honestly and after due consideration.
xiv. The Planning Director shall mail notice of the City Council decision and the reason statement to those individuals and organizations entitled to receive notice of the appeal pursuant to Subsection iv above, and to Parties of Record at the public hearing on the appeal.
B. Modifications of Approvals: This Section describes the procedures for modification of existing approvals under this Code.
(1) Minor Modifications:
(a) Procedure:
i. After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval under this Code may apply for a Minor Modification of the permit or approval. A Minor Modification shall be processed through a Zoning Certificate pursuant to Section 11-05-05.2.M.
ii. No Minor Modification may be approved if it would have the effect of reversing a decision on appeal of the initial approval or is inconsistent with a condition attached to the initial approval.
iii. The Planning Director is authorized to approve, approve with conditions, or deny Minor Modifications and to require the applicant to file and/or record those materials necessary to document the Minor Modification in the City or Ada County records, as applicable.
(b) Permitted Minor Modifications:
i. Conditional Use Permits:
A. The Planning Director may approve the following types of Minor Modifications:
(i) A reduction in the density that does not exceed 25 percent of total units;
(ii) A relocation of dwelling units or building pads for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas;
(iii) A change in the phasing plan;
(iv) A modification to the recreation area or open space design that does not significantly reduce or eliminate the recreation or opens space area;
(v) An increase or decrease in the proposed setback as long as Code requirements are met; and
(vi) Similar changes as determined by the Planning Director.
B. Applications for minor expansions of approved conditional uses shall be processed pursuant to Section 11-05-05.2.D, Conditional Use - Minor Expansion.
ii. Design Review Approvals: The Planning Director may approve the following types of Minor Modifications to Design Review approvals:
A. Modifications to previous Minor Design Review that are consistent with Code standards;
B. Relocation of building pads or dwelling units provided that the modification does not significantly alter the site in terms of parking layouts, vehicular circulation, or landscaping;
C. Increase or decrease in a setback as long as Code requirements are met;
D. Change in materials, colors, window and door locations, and mechanical units, provided building design remains essentially the same and the changes comply with Code requirements.
E. Modification to a recreation area or open space design that does not eliminate or significantly reduce the size of any area shown on the initial approval; and
F. A change in landscape design or plant types, minor parking lot revisions, or minor site revisions that are consistent with Code requirements.
iii. Planned Unit Developments: Minor Modifications to approved Planned Units or related Development Plans shall be processed pursuant to Section 11-05-05.2.H.
iv. Other Approvals Under this Code: Those modifications that the Planning Director determines are not inconsistent with any standard or requirement in this Code or any condition attached to a prior permit or development for the property, and that are not included in those types of applications for which a Floodplain Variance pursuant to Section 11-05-05.3.E or a Variance pursuant to Section 11-05-05.3.L are required.
(c) Findings for Approval:
i. The Planning Director may approve a Minor Modification, or approve it with conditions, if the Planning Director determines that the modification is not inconsistent with any standard or requirement in this Code or any condition attached to a prior permit or development for the property and will not create a material negative impact on surrounding properties.
ii. In the event the Planning Director is unclear as to whether a requested Minor Modification is consistent with this Section, the Planning Director may refer the application to the appointed body that granted the initial approval for treatment as a Major Modification.
iii. The Planning Director's decision as to what qualifies as a Minor Modification, and the Planning Director's decision to refer the application to an appointed body, are not appealable.
(2) Major Modifications:
(a) After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval under this Code may apply for a Major Modification of the permit or approval.
(b) A Major Modification is one that does not meet the definition of a Minor Modification under Subsection (1)(b) above.
(c) Unless otherwise provided in this Code, an applicant for a Major Modification shall be required to file a new application and follow the same procedure applicable to the initial application that was approved or approved with conditions, and the approval of the change shall be subject to the same criteria applicable to the initial application as applied to the requested modification.
(d) Major expansions of approved conditional uses are processed pursuant to Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Expansion.
(e) Major modifications to Planned Unit Developments are processed pursuant to Section 11-05-05.3.H.
(f) The Planning Director is authorized to waive any application submittal materials that are not required for the decision-making body listed in Table 11-05.1: Summary of Review and Decision-Making Procedures to evaluate the impacts of the proposed modification. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
1. Type 1 Ministerial Decisions:
A. Hillside Development Permit - Category 2:
(1) Applicability:
(a) A Hillside Development Permit is required for any development proposal for properties when any topographical slope exceeds 15 percent or where adverse conditions associated with slope stability, expansion soils, high water table and springs, erosion or sedimentation are present as determined by the Planning Director in consultation with the City Engineer.
(b) A Category 2 Hillside Development Permit is required for those projects defined in Section 11-02-07.3.G(3)(b).
(2) Procedure:
(b) A Category 2 Hillside Development Permit shall be processed together with the development application to which it relates.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the following criteria:
(a) The proposed development complies with the geo-technical and engineering requirements of Sections 11-02-07.3.G, HS-O: Hillside Development Overlay and 11-04-05.6, Foothills Development Standards if applicable including those related to grading, drainage, hazardous areas, revegetation, preservation of outstanding and unique features; and
(b) If located in the FP-O district, the proposed development complies with all requirements of Section 11-02-07.3.F, FP-O Flood Protection Overlay.
B. Sign Permit for On-Premise Sign:
(1) Applicability:
(a) Except as otherwise exempted by Section 11-04-012.4, Signs Not Requiring a Permit, it shall be unlawful to erect, construct, enlarge, move, or convert any sign without first obtaining a Sign Permit.
(b) A Sign Permit shall not be required for a change of copy on a sign, nor for the repainting, cleaning, or other normal maintenance or repair for which a permit has previously been issued provided that the sign or sign structure is not altered in any way.
(2) Procedure:
(3) Findings for Approval:
(a) The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner, including, but not limited to compliance with the standards in Section 11-04-012, Signs.
(b) No condition attached to the approval of any Sign Permit shall include any form of content regulation prohibited by state or federal law.
C. Temporary Sign Permit:
(1) Applicability: Except as otherwise exempted by Section 11-04-012.4, Signs Not Requiring a Permit, it shall be unlawful to erect, construct, enlarge, move, or convert any temporary sign without first obtaining a Temporary Sign Permit.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner, including but not limited to compliance with the standards in Section 11-04-012.7.B, Temporary Signs.
D. Temporary Use Permit:
(1) Applicability: A Temporary Use Permit is required for each use listed as a Temporary Use in Table 11-03.1: Table of Allowed Uses or any use with a planned duration of 180 days or less.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner, including but not limited to compliance with the standards in Section 11-03-03.7, Temporary Uses.
E. Zoning Compliance Review:
(1) Applicability: A Zoning Compliance Review is required to confirm compliance with the applicable standards of this Code and may include but are not limited to the following:
(a) Minor exterior commercial building or Multiple-Family Dwelling changes including but not limited to:
i. Addition or removal of a window that complies with Code standards;
ii. Change of exterior building material that complies with applicable design standards; and
iii. Change in awning type, such as fabric to metal or aluminum, that complies with applicable design standards;
(b) Accessory structures over 1,000 square feet in area or over 22 feet in height;
(c) Commercial fences; and
(d) Any demolition for a structure within the NC-O Overlay District.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner.
2. Type 2 Administrative Decisions:
A. Allowed Use with Allowed Form:
(1) Applicability: This procedure applies to all applications for an Allowed Use, as shown in Table 11-03.1: Table of Allowed Uses that meets all applicable Use-Specific Form Standards and therefore has an Allowed Form applicable to the Allowed Use.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner including but not limited to the applicable Use-Specific Standards for that use, and specifically including those Use-Specific Form Standards (the Allowed Form) applicable to the Allowed Use in the zoning district in which it is located.
B. Alternative Sign Plan:
(1) Applicability: This procedure applies to all applications for approval of an Alternative Sign Plan pursuant to Section 11-04-012.8.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if:
(b) It will not create material distractions or confusion that could materially impact traffic safety; and
(c) It will not materially increase visual clutter when viewed from adjacent streets, parks, open spaces, and Residential zoning districts, or any material impact to visual clutter have been mitigated to the maximum extent practicable.
C. Certificate of Appropriateness - Minor:
(1) Applicability:
(a) General: Within any HD-O district, the following provisions shall apply unless an exception to these provisions is shown in Subsection (b) below;
i. No building, site, structure, or exterior feature of any building, site, structure, or object (including, but not limited to, walls, pavement, or other appurtenant features), above ground utility structure, trees removed or substantially modified, or any type of sign shall be erected, altered, restored, moved, or demolished within such district until after an application for a Minor Certificate of Appropriateness has been approved by the Planning Director or the HPC.
ii. A Minor Certificate of Appropriateness shall be required whether or not a Building Permit is required, and before any other application under this Code may be approved for the property in question.
iii. The Minor Certificate of Appropriateness process shall apply to each activity identified in Subsection i. above that is identified as eligible for review and decision by the Planning Director in the Certificate of Appropriateness Matrix of major and minor historic preservation actions adopted by resolution by the City Council on recommendation from the HPC and on file in the Planning and Development Services Department and available on the City's website.
(b) Exceptions:
i. No Certificate of Appropriateness is required for the following items:
A. Interior arrangement of any building or structure;
B. Installation of temporary structures and features that do not remain in existence for more than 45 days in any consecutive 12 month period.
C. A site or building improvement that does not require a Certificate in the Certificate of Appropriateness Matrix as adopted by resolution by the City Council and on file in the Planning and Development Services Department and available on the City's website.
ii. If an application that is eligible for review as a Minor Certificate of Appropriateness will also require a Variance, it shall be reviewed as a Major Certificate of Appropriateness.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve, or approve with conditions, the application if the Planning Director, after consideration of the factors listed in Section 11-05-05.3.B(3), Findings for Approval, as applicable, determines that the proposed activity will not create a material negative impact on the historic character of the HD-O district in which the property is located, and that any minor impacts have been mitigated to the maximum extent practicable.
D. Conditional Use - Minor Expansion:
(1) Applicability: This procedure applies to all applications for approval to:
(a) Expand an approved conditional use by less than 20 percent of the approved gross floor area or site area;
(b) Reduce the project density by up to 25 percent of the total units;
(c) Relocate dwelling units or building pads for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas;
(d) Modify the phasing Plan;
(e) Modify the recreation area or open space design that will not eliminate or significantly reduce these areas;
(f) Increase or decrease in the proposed setbacks that comply with Code standards; and
(g) Modify building elevations.
(2) Procedure:
(b) In addition to the Interdepartmental Review that may be required by the Planning Director pursuant to Section 11-05-04.3.C prior to submittal of an application, the Planning Director may require an Interdepartmental Review of the application after the completeness of an application has been confirmed pursuant to Section 11-05-04.4.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and with the following criteria:
(a) The location and design of the proposed use is compatible to other uses in the surrounding area; and
(b) The proposed expansion will not create any material negative impacts to uses in the surrounding area, or any material negative impacts will be mitigated to the maximum extent practicable.
E. Design Review - Minor:
(1) Applicability:
(a) General: This procedure applies to all applications for Minor Design Review approval unless exempted pursuant to Subsection (b) below:
i. A commercial or mixed-use building not exceeding 5,000 square feet gross floor area that is not on a lot abutting a Residential zoning district or residential use;
ii. An industrial building not exceeding 10,000 square feet gross floor area that is not on a lot or parcel abutting a residential zoning district or a residential use;
iii. A residential development of less than 50 dwelling units;
iv. Surface parking lots;
v. Signs;
vi. Demolition of structures (excluding uninhabited accessory structures); and/or
vii. A Modification meeting the standards set forth in Section 11-05-04.7.B(1)(b)ii.
(b) Exceptions:
i. Single-Family Detached, Single-Family Attached, Duplex, Triplex, and Fourplex Dwellings are exempted from the requirements of this Section, unless they are required to comply pursuant to Section 11-04-03.4, Residential Small Lots.
ii. Installation of the following:
A. Building additions or accessory buildings less than 200 square feet;
B. Roof and fascia changes;
C. Minor parking lot revisions;
D. Minor repairs that do not result in discernable changes; and/or
E. Repainting of approved parking stalls.
(c) Applications that are not required to complete Minor Design Review are still required to comply with applicable design standards in Section 11-04-06, Building Design.
(2) Procedure:
(b) The Planning Director shall determine whether the application is categorized as requiring Minor or Major Design Review.
(c) For those applications that require Minor Design Review pursuant to Section 11-05-05.2.E, a separate application for a Zoning Certificate shall not be required and compliance with the applicable use standards shall be reviewed as a part of the Minor Design Review approval.
(3) Findings for Approval:
The Planning Director shall approve, or approve with conditions, the application if it complies with the criteria listed in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner.
F. Floodplain Permit:
(1) Applicability:
(a) A Floodplain Permit is required for all development within the Flood Protection Overlay district (FD-O) as described in Section 11-02-07.3.F(1)(c), Applicability.
(b) Compliance with the standards in this Code shall not relieve any person of the independent obligation to comply with all applicable standards and practices established in federal and state law and all other applicable rules, regulations, standards, and specifications of the City regarding development within a floodplain.
(2) Procedure:
(b) The application shall be processed concurrently with other related development applications for the same project.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, after consultation with the Floodplain
G. Legal Nonconformity - Confirmation, Change, or Minor Expansion:
(1) Applicability:
(a) This Section applies to:
i. All applications by a property owner to confirm the legal nonconforming status of an existing parcel, use, or building;
ii. All applications by a property owner to expand a legal nonconforming use or building by less than 20 percent of the gross floor areas at the time the use became nonconforming;
iii. All applications by a property owner to change a legal nonconforming use to a different legal nonconforming use; and
iv. All requests by the Planning Director to have a property owner provide evidence of the legal nonconforming status and existing use.
(b) Applications for an expansion of a legal nonconforming use or building by 20 percent or more shall be subject to the standards set forth in Section 11-05-05.3.G, Legal Nonconformity - Major Expansion.
(2) Procedure:
(b) Regardless of whether the property owner or the Planning Director has requested confirmation of the legal nonconforming status of a property, the property owner shall be required to provide evidence of the date on which the parcel, structure, use, sign, or site feature was first created or established. Evidence may include but is not limited to utility records, photographs, assessor's records, rental receipts, phone directories, notarized statements, and Polk Directories.
(c) If the Planning Director determines that the legal nonconforming status has been demonstrated by the property owner, the Planning Director shall issue a Zoning Compliance Review documenting the legal nonconforming status.
(d) If the property owner does not provide evidence or the Planning Director determines that the evidence presented does not demonstrate legal nonconforming status of the parcel, structure, use, sign, or site feature, the Planning Director shall mail the property owner a notice that the property does not have legal nonconforming status. The notice may also identify what portions or aspects of the property may be violations of this Code and what is required to bring the property into compliance with this Code.
(3) Findings for Approval:
(a) The Planning Director shall approve or approve with conditions the application for confirmation of a legal nonconforming use or building if the Planning Director determines that the use or building that is the subject of the application was legal when the use was begun or the building was constructed, and has become nonconforming since that time due to the actions of a government agency, including but not limited to an amendment to this Code or another government regulation, and not due to the actions of the current or prior owner of the property.
(b) The Planning Director shall approve or approve with conditions a change of a legal nonconforming use to different legal nonconforming use if the new use:
i. Will not unduly burden transportation or service facilities in the vicinity and does not adversely impact the delivery of services by any political subdivision providing services;
ii. Will not result in material negative impacts to surrounding properties; or that any deviation from those criteria has been mitigated to the maximum extent practicable;
iii. Will be no greater in intensity, impacts, and demand for services than the existing legal nonconforming use; and
iv. Will not be in conflict with the Comprehensive Plan;
(c) The Planning Director shall approve or approve with conditions an expansion of a legal nonconforming use or building by up to 20 percent beyond the area of the building or parcel occupied by the legal nonconforming use or the building on the date it became legally nonconforming, if:
i. The expansion will not unduly burden transportation or service facilities in the vicinity and does not adversely impact the delivery of services by any political subdivision providing services;
ii. The expansion will not result in material negative impacts to surrounding properties or that any deviation from those criteria has been mitigated to the maximum extent practicable;
iii. Any expansion of a legal nonconforming building will conform to the applicable sections of this Code and will not increase the degree of nonconformity of that part of the building that does not meet the provisions of this Code; and
iv. The expansion will not be in conflict with the Comprehensive Plan.
H. Planned Unit Development Modification - Minor:
(1) Applicability:
(b) For Planned Unit Developments approved prior to the Effective Date, modifications shall be reviewed through the Conditional Use Minor Expansion process pursuant to Section 11-05-05.2.D.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve, or approve with conditions, the application if it complies with the required Findings for Approval for a Minor Design Review in Section 11-05-05.2.E(3) or for a Zoning Certificate in Section 11-05-05.2.M(3), as applicable to the proposed modification.
I. Reasonable Accommodation for Accessibility:
(1) Applicability: This procedure shall apply to each request to deviate from the standards in this Code to provide Reasonable Accommodation for a person experiencing disabilities as defined in the federal Fair Housing Amendments Act, as amended and interpreted by the courts.
(2) Procedure:
(a) Any ADA accommodation that is medically necessary and cannot satisfy the zoning code requirements may request additional review and approval prior to a zoning approval being issued.
(b) Any ADA accommodation that is not medically necessary and cannot satisfy the zoning code requirements shall be treated as a variance and shall file a variance application.
(3) Findings for Approval:
(a) No such accommodation shall encroach or be located within a public right-of-way.
(b) Such ADA accommodation for residential use shall refer to the adopted Building Code for construction guidance to ensure safe assembly, heights, distances, entry access and slope.
(c) The Planning Director shall approve the application, or approve it with conditions, after consultation with the City Attorney and other applicable parties, determines that approval of the Fair Housing Reasonable Accommodation is required to comply with the provisions of the Federal Fair Housing Amendments Act.
J. Record of Survey:
(1) Applicability: A Record of Survey is required for the following:
(a) A Property Line Adjustment that establishes or modifies the boundaries of buildable parcels with boundaries that differ from existing buildable parcels and/or buildable lot boundaries;
(b) A Parcel Consolidation that combines two or more existing, contiguous buildable parcels into one buildable parcel; and
(c) A Minor Land Division.
(2) Procedure:
(b) Evidence of recordation of a notice of buildable parcel with the City Clerk and Ada County Recorder is required before a Building Permit may be issued.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner, including, but not limited to, the applicable standards set forth in Section 11-04-04.3, Records of Survey.
K. Residential Small Lot Approval - Minor:
(1) Applicability: This procedure applies to all applications subject to the Residential Small Lot standards in Section 11-04-03.4 that contain four or fewer dwelling units on up to four contiguous Residential Small Lots.
(2) Procedure:
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner, including but not limited to the applicable standards set forth in Section 11-04-03.4, Residential Small Lots.
L. River System Permit - Minor:
(1) Applicability: A Minor River System Permit is required for all lands and waters and all aquatic, wetland, riparian, and upland environments within the jurisdiction of Boise City that lie:
(a) Within the 100 year Floodplain boundaries adjacent to the Boise River; or
(b) Within the Setback Lands and Waters as described in Section 11-02-07.3.E(6), Setbacks; or
(c) Within Class A, Class B and Class C areas as described in Section 11-02-07.3.E(5), A, B, And C Lands and Waters Classifications; and that
(d) Do not affect more than 100 lineal feet of river bottom or bank, nor more than one-half acre of Class A or B lands;
(e) Do not materially alter, fully restores, or enhances the existing surface and groundwater hydrology, soils, plant and animal communities and habitats present within or adjacent to the project; and
(f) Provide for the maintenance of storm water detention/sedimentation basins and stabilization structures.
(2) Procedure:
(b) In addition to that Interdepartmental Review that may be required by the Planning Director pursuant to Section 11-05-04.3.C prior to submittal of an application, the Planning Director may require an Interdepartmental Review of the application after the completeness of an application has been confirmed pursuant to Section 11-05-04.4.
(c) The application shall be reviewed concurrently with all other applications required for approval of the specific development proposed for the property.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and with the following criteria:
(a) The proposed development complies with the applicable standards for Uses in Class A, B or C lands and waters in Section 11-02-07.3.E(5), A, B, And C Lands and Waters Classifications.
(b) The proposed development complies with all standards in Section 11-02-07.3.F, FP-O Flood Protection Overlay applicable to the property.
(c) The proposed development is not in conflict with the Comprehensive Plan and complies with all the policies and standards of the Boise River Plan.
(d) The proposed development includes measures designed to ensure that natural resources functions and values are preserved or enhanced and maintained.
(e) The proposed development complies with all local, state, and federal laws and regulations.
M. Zoning Certificate:
(1) Applicability:
(a) A Zoning Certificate is required for any use that:
i. Does not require a Conditional Use Permit or Design Review approval;
ii. Is not listed separately as a Type 2 application; and
iii. Only requires review by the Planning Director to confirm compliance with the applicable standards of this Code. This category includes but is not limited to applications for approval of a mural, Sidewalk Café, Accessory Dwelling Unit, a Duplex, Triplex, or Fourplex Dwelling, or an Adult or Child Day Care Facility.
(b) A Zoning Certificate is also required prior to demolition of the following:
i. Any primary structure containing a primary Multiple-Family Dwelling or a Public, Institutional, and Civic, Commercial, or Industrial use as described in Table 11-03.1: Table of Allowed Uses.
ii. Any non-accessory residential structure completed more than 50 years ago.
(c) Any request for demolition addressed in Subsection (b) above that is not accompanied by an application for a replacement structure shall be reviewed for compliance with the applicable Sections of Chapter 11-04, Development and Design Standards.
(2) Procedure:
(b) For those applications that require Minor Design Review pursuant to Section 11-05-05.2.E, a separate application for a Zoning Certificate shall not be required and compliance with the applicable Design Review standards shall be reviewed as a part of the Minor Design Review.
(3) Findings for Approval: The Planning Director shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and that all applicable Minor Design Review criteria set forth in Section 11-05-05.2.E(3) have been met.
3. Type 3 Decisions by an Appointed Body:
A. Allowed Use with Alternative Form:
(1) Applicability: This procedure applies to all applications for an Allowed Use, as shown in Table 11-03.1: Table of Allowed Uses that comply with all Use-Specific Standards for the use, except that they do not meet one or more of Use-Specific Form Standards applicable to the Allowed Use in the zoning district that they are located in and therefore are proposing an Alternative Form for approval.
(2) Procedure:
(b) The review of the PZC shall be limited to consideration of the proposed Alternative Form of the proposed development and shall not consider or attach conditions to the use, operation, or activities within the proposed development.
(3) Findings for Approval: The PZC shall approve the Alternative Form for the Allowed Use, or approve it with conditions, if it determines that at least one of the following criteria have been met:
(a) The Alternative Form will promote the urban design goals of the Comprehensive Plan and other approved plans applicable to the property as well or better than compliance with all Use-Specific Form Standards applicable to the Allowed Use;
(b) The Alternative Form is needed because the use and design of adjacent developed properties makes it impracticable to comply with the one or more of the Use-Specific Form Standards; or
(c) If the Alternative Form includes a reduction in the required minimum height of the building:
i. The reduced height of the building will still provide an adequate sense of street enclosure and an adequate level of residential or nonresidential activity from the building to promote the goals of the Comprehensive Plan and other applicable plans for the property; or
ii. The reduced height of the building, and any resulting reduction in the size of the building will not result in the underdevelopment of the site or the inefficient use of City facilities and infrastructure.
B. Certificate of Appropriateness - Major:
(1) Applicability:
(a) General: Within any HD-O district, the following provisions shall apply, unless an exception to these provisions is shown in Subsection (b) below.
i. No building, site, structure, or exterior feature of any building, site, structure or object (including, but not limited to, walls, pavement or other appurtenant features), above ground utility structure, trees removed or substantially modified, or any type of sign shall be erected, altered, restored, moved or demolished within such district until after an application for a Minor or Major Certificate of Appropriateness has been approved by the Planning Director or the HPC.
ii. A Major Certificate of Appropriateness shall be required whether or not a Building Permit is required, and before any other application under this Code may be approved for the property in question.
(b) Exceptions:
i. No Certificate of Appropriateness is required for the following items:
A. Interior arrangement of any building or structure; and
B. Installation of temporary structures and features that do not remain in existence for more than 45 days in any consecutive 12 month period;
C. A site or building improvement that does not require a Certificate in the Certificate of Appropriateness Matrix as adopted by resolution by the HPC and on file in the Planning and Development Services Department.
ii. An application for a Major Certificate of Appropriateness may include a request for a Variance pursuant to Section 11-05-05.3.L(1), Applicability.
(2) Procedure:
(b) If an alteration, demolition, or relocation that requires a Certificate of Appropriateness occurs prior to the issuance of a Certificate of Appropriateness for that action, the Planning Director shall, within 180 days, prepare a premature alterations report. The report shall identify any violations of Section 11-05-05.3.A and recommends rehabilitative measures, if any. The Planning Director shall provide the premature alterations report to the applicant and the relevant Registered Neighborhood Association and applicant. Upon issuance of the report, the Planning Director shall negotiate with the applicant, relevant Registered Neighborhood Association, and other affected parties in an effort to find a means of restoring the property to its original condition. Thereafter, but in no event to exceed 180 days from the issuance of the premature alterations report, the Planning Director shall provide to the Historic Preservation Commission a final report incorporating findings, recommendations, comments, and any other information. Pursuant to its grant of power under Idaho Code Section 67-4604 and Section 11-05-03.5.A, Duties, Jurisdiction, and Authority, the Commission may adopt, adopt with modifications, or deny the findings and recommendations of the final premature alterations report.
i. The premature alterations procedure, including the preparation of the report and negotiations, may be waived at the discretion of the Planning Director at any time.
ii. During a review of a premature alteration, all work at the subject property, including further alterations, demolitions, relocations, construction, or modifications of any kind, shall cease until the final premature alterations report is adopted, or adopted with modifications. If denied by the Commission work on the property shall remain stopped until resolved either by further action of the Commission or appeal to the City Council.
(c) The HPC shall schedule a public hearing and 15 calendar days prior to the hearing, notice shall be mailed to the applicant, adjacent property owners and residents (including tenants), and to the Registered Neighborhood Association.
(d) If the HPC determines that the findings for approval in Subsection (3) have not been met, it shall place upon its records the reason for such determination and shall notify the applicant in writing of its reasons and recommendations, if any, as to what actions could be taken in order to obtain a certificate.
(e) The decision is deemed to have been made on the date that the HPC adopts written findings of fact and conclusions of law.
(3) Findings for Approval: The HPC shall approve the application, or approve it with conditions, if the following criteria have been met:
(a) General Findings:
i. Plans and Guidelines: The design of the project is consistent with the following plans and guidelines as applicable to the property:
A. 1993 Downtown Boise Plan;
B. Urban Renewal Plans;
C. Design Guidelines for Residential Historic Districts;
D. Boise City Historic Preservation Plan (dated July 1979);
E. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (The Secretary of the Interior's Standards);
F. A Field Guide to American Houses by Virginia and Lee McAlester;
G. American Vernacular Design 1870-1940 An Illustrated Glossary by Herbert Gottfried and Jan Jennings; and
H. Design Guidelines for Commercial Historic Districts with the Secretary of the Interior's Standards for Historic Preservation August 2009.
ii. Site Design: The application shall be reviewed by the HPC, with input from other agencies, to evaluate the site design, and to determine compatibility and impact both on and adjacent to the site as it relates to access, parking lot design, landscaping, grading and storm drainage, and other development of the site. The HPC's decision with regards to site design shall be based upon the following findings as they relate to historic preservation:
A. Traffic Impact, Pedestrian and Bicyclist Provisions: That the site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services.
B. Landscaping: That the proposed landscaping enhances the Historic District and neighborhood with attributes that include but are not limited to protection of desirable existing trees, provision of street trees, and adequate screening methods where needed to buffer adjacent uses and unsightly areas or features.
C. On-Site Grading and Drainage: That on-site grading and drainage have been designed so as to minimize off-site impact and provide for erosion control as required by the Public Works Department, Ada County Highway District and/or other jurisdictional agencies.
D. Utility Service Systems: That utility service systems and equipment do not detract from the building design or adjacent buildings, and the size and location of all service systems are appropriate and maintainable.
iii. Structure Design: The design of all proposed buildings shall be reviewed in accordance with the Design Guidelines for Commercial Historic Districts Design Guidelines for Residential Historic Districts, on file in the Planning and Development Services Department and available on the City's website, as well as the following findings:
A. Building Mass: That the mass of the building is reviewed for its relationship and consistency to other buildings within the Historic District and area, and with the use proposed by the applicant.
B. Proportion of Building Façades: That the height to width relationship shall be compatible and consistent with the predominant architectural character of the Historic District.
C. Shadow Relief/Design Interest: That the exterior of the building provides shadow relief and design interest compatible with the architectural character of the area.
D. Relationship of Exterior Materials: That the appropriateness of materials and colors (paint colors are only reviewed in commercial Historic Districts) shall be reviewed as they relate to building mass, shadow relief and compatibility with other buildings within the Historic District and area.
E. Multiple-Family Buildings: That any Multiple-Family building is designed to include features that add to the visual and aesthetic appearance of the structure and help prevent a sterile, box-like appearance. Such features may include the use of brick or stone, roof or façade modulation, planter boxes, bay windows, balconies, or porches. Specific design features have been added to enhance the physical appearance of such Multiple-Family residential structures.
F. Commercial/Industrial Buildings Adjacent to Residential Uses: That the building is designed to minimize impacts on adjacent residential uses and/or Residential zoning districts.
(b) Findings for Alterations: In addition to the general findings in Subsection (a) above, an application for the alteration of an existing building shall only be approved or approved with conditions if the HPC finds that the application:
i. Is consistent with the Design Guidelines for Commercial Historic Districts or Residential Historic Districts and that based on the Guidelines, the request will not be incongruous with the historical, architectural, archeological, educational, or cultural aspects of the district;
ii. Is consistent with the Secretary of the Interior's Standards for Rehabilitation, or other standards as applicable (preservation, restoration, or reconstruction);
iii. Complies with the dimensional standards and other applicable requirements of this Code including, but not limited to, setbacks, height restrictions and parking requirements unless the HPC finds that modifying those standards is necessary to protect the overall characteristics of the district and to comply with the adopted Design Guidelines; and
iv. Will not be in conflict with the Comprehensive Plan
(c) Findings for Signs: In addition to the general findings in Subsection (a) above, an application for a sign shall only be approved if the HPC finds that the sign will be congruous with the building in design, materials, size, and location.
(d) Findings for Demolitions or Relocations:
i. If the application involves the demolition or relocation of a structure, in addition to the general findings in Subsection (a) above, the HPC shall find that at least three out of the five following criteria have been met:
A. The building, site, structure, or object is not classified as contributing within the district as stated on the survey form on file in the Planning and Development Services Department;
B. The building, site, structure, or object cannot reasonably meet national, state, or local criteria for designation as an historic property;
C. Demolition of the building, site, structure, or object would not have an adverse impact on the character of the district and/or the adjacent properties;
D. The owner has reasonably demonstrated that rehabilitation of the building, site, structure, or object would not be economically practical, realistic, or viable based on review of the information required in the application provided by the applicant at the time the request for a Certificate of Appropriateness is submitted; and
E. Plans have been submitted to redevelop the property if the demolition proceeds and such plans will have a positive effect on the district and/or adjacent properties. The size, scale, use, materials, and/or overall design of the project may be considered as qualities for producing a positive effect.
ii. If the HPC has approved a partial demolition and approved the replacement structure and the plans for the replacement structure remain the same, and the Building Official later determines in writing that a full demolition is necessary for life safety and there are no other cost-effective alternatives, the Planning Director may approve the full demolition.
(e) Findings for Change in Use: If the application requests a change of use, in addition to the general findings in Subsection (a) above, the HPC shall find that the following criteria have been met:
i. That the request will not be in conflict with the Comprehensive Plan and supports the goals, objectives, and policies of the applicable neighborhood plans; and
ii. That the request will be congruous with the historical, architectural, archeological, educational, or cultural significance of the district.
(f) Findings if a Request for Variance is Included: An application for a Certificate of Appropriateness may be combined with an application for a Variance pursuant to Section11-05-05.3.L, and both applications may be reviewed and a decision made by the HPC after a single public hearing, provided that the decision on the Variance application shall be based on the findings for approval in Section 11-05-05.3.L(3).
C. Conditional Use Permit - Initial Approval or Major Expansion:
(1) Applicability:
(a) A Conditional Use Permit is required for any use that is classified as a Conditional Use in Table 11-03.1: Table of Allowed Uses and for a Major Expansion of an approved conditional use permit. A Major Expansion of an approved conditional use permit includes but is not limited to:
i. An increase in density;
ii. A density decrease exceeding 25 percent of the total units that has been approved through a Conditional Use Permit;
iii. Any change that will impact the neighborhood, such as a significant change in traffic generation or flow;
iv. A change that was the subject of an appeal during the public hearing;
v. A change that would affect some other condition such as a condition regarding pathways, streets, schools, floodplain, or foothills;
vi. A request for a greater than 20 percent increase in building square footage;
vii. A request to change the nature of the approved use;
viii. A request to change or delete a condition of approval; and
ix. A request that would increase or cause impacts to a foothill or river area, or an increase in soil erosion.
(b) No conditional use shall be conducted except in compliance with all applicable provisions of this Code and with any conditions upon such Conditional Use Permit approval.
(2) Procedure:
(b) An application for a Conditional Use Permit may be combined with an application for a Variance pursuant to Section 11-05-05.3.L, and both applications may be reviewed and a decision made by the PZC after a single public hearing, provided that the decision on the Variance application shall be based on the findings for approval in Section 11-05-05.3.L(3).
(c) The PZC may extend the review and processing period for Conditional Use Permit applications. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other City departments, and coordination with the applicant.
(d) In addition to those types of conditions listed in Section 11-05-04.6.A(4), Conditions, the PZC may attach additional conditions to the approval of a Conditional Use Permit, including but not limited to the following types of conditions:
i. Requiring more restrictive standards than those generally required in an ordinance;
ii. Conformity to approved plans and specifications;
iii. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting;
iv. Maximum volume of traffic generated, requirements for off-street parking, service drive design, construction standards, vehicular and pedestrian movements within the site, and points of ingress and egress;
v. Performance characteristics related to noise, vibration, and other potentially dangerous or objectionable elements;
vi. Limits on hours of operation;
vii. The period of time for which a permit is issued;
viii. The sequence and timing of the development;
ix. Guarantees as to compliance with the terms of the permit;
x. Number, location, color, size, height, lighting, use of outdoor areas, and landscaping of outdoor signs and structures;
xi. Requiring the provision for on-site or off-site public facilities or services, including the installation of street lights in accordance with the requirements of the Public Works Department;
xii. Requiring irrigation or drainage facilities to be covered or fenced for public safety.
(e) Conditions applied by the PZC shall not restrict or specify the exterior detail or design, color, or materials, except if such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings.
(3) Findings for Approval:
(a) General: Unless Subsection (b) below applies, the PZC shall approve the application or approve it with conditions if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
i. The proposed location is uniquely suited to accommodate the proposed use or is a location for the proposed use supported by the Comprehensive plan or other adopted plan of the City;
ii. The proposed use will not create any material negative impacts to uses in the surrounding area, or any material negative impacts will be mitigated to the maximum extent practicable, and the public benefits of the proposed use outweigh any material negative impacts of the proposed use that cannot be mitigated;
iii. The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls, fences, parking, loading, landscaping, and other such features as are required by this Code;
iv. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services;
v. The proposed use is not in conflict with the Comprehensive Plan; and
vi. If the application is combined with an application for a Variance, the findings for approval of the requested Variance in Section 11-05-05.3.L have been met.
(b) Reduction in Required Parking Greater than 50 Percent: If the application is to reduce the minimum required vehicle parking by more than 50 percent below that required by Table 11-04.9: Off-Street Parking Requirements, the PZC shall approve the application or approve it with conditions if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council, and the following criteria:
i. The parking reductions offered in Section 11-04-08.7, Parking Adjustments, have been incorporated into the site design to the maximum extent practicable;
ii. The proposed reduction is uniquely suited to accommodate the proposed use or is a location for the proposed use supported by the Comprehensive plan or other adopted plan of the City;
iii. The proposed reduction will not create any material negative impacts to uses in the surrounding area, or any material negative impacts will be mitigated to the maximum extent practicable and the public benefits of the proposed use outweigh any material negative impacts of the proposed use that cannot be mitigated;
iv. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services; and
v. The proposed reduction is not in conflict with the Comprehensive Plan.
D. Design Review - Major:
(1) Applicability:
(a) Compliance Required: A Major Design Review application is required for each of the following, unless listed as an action that can be approved as a Minor Design Review application under Section 11-05-05.2.E or exempted by Subsection (b) below:
i. Any visible exterior improvement or alteration to a site, building, or structure, including demolitions;
ii. Any development in the CD-O district that meets the criteria set forth in Section 11-02-07.2.D(4), Design Review Permit; and
iii. Any development in the HD-O district that is also subject to the Citywide or Downtown Design Standards and Guidelines, on file in the Planning and Development Services Department and available on the City's website. If the Citywide or Downtown Design Standards and Guidelines conflict with the Historic Preservation Guidelines, the Historic Preservation Guidelines shall prevail.
(b) Exceptions:
ii. Installation or modification of the following:
A. Building additions or accessory buildings less than 200 square feet;
B. Replacement of approved roof and fascia;
C. Minor parking lot revisions;
D. Minor repairs that do not result in discernable changes; and
E. Repainting of approved parking stalls.
iii. Applications that are not required to complete Minor Design Review or Major Design Review are still required to comply with applicable design standards in Section 11-04-06, Building Design.
(2) Procedure:
(b) The Planning Director shall determine whether the application is categorized as requiring Minor or Major Design Review.
(c) Applications that are for new buildings or building additions greater than 200 square feet shall be prepared by, or under the direct supervision of, a duly licensed architect who shall be clearly identified on such designs, unless exempted under Idaho Code, Section 54-306.
(d) If a Design Review application requires associated approvals by the PZC or City Council, such as a Conditional Use Permit or Planned Unit Development, those approvals shall be obtained before an application for Design Review approval may be processed.
(e) The Planning Director may extend the review/processing period for Major Design Review applications. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other City departments, and coordination with the applicant.
(f) Except for development on Residential Small Lots, the DRC shall not require reductions in height, density, floor area ratio, or other regulations included in Table 11-04.2: Residential District Dimensional Standards and Table 11-04.3: Mixed-Use, Industrial, and Open Land District Dimensional Standards, unless required for reasons public safety, reasonable accommodation, or health.
(3) Findings for Approval: The DRC shall approve the application, or approve it with conditions, if it complies with the following criteria.
(a) Site Design:
i. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation.
ii. The landscaping promotes well-conceived and attractive landscaping that will retain and protect existing vegetation where possible, enhance environmental conditions of the Treasure Valley, reduce potential impacts between adjacent and neighboring uses, and screen and conceal utilities, mechanical units, and services areas.
iii. The on-site grading and drainage are designed to minimize off- site impact and provide for erosion control.
iv. Signs minimize visual clutter.
v. Utility systems do not detract from building design and their size and location are appropriate and maintainable.
(b) Structure Design:
i. The building mass is appropriately designed to address the street and create a pedestrian-friendly environment.
ii. The design employs façade articulation techniques that add visual interest to the pedestrian realm and reduce the perceived scale of large buildings.
iii. Openings in the building façade provide visual interest to the pedestrian and mitigate impacts of monotonous flat walls planes, blank wall areas and provide shadow relief.
iv. Exterior materials are high-quality materials that minimize maintenance cost and provide visual interest to the street. Locally sourced and sustainable materials are strongly encouraged.
v. The building design shall minimize impacts on adjacent Residential zoning districts and residential uses.
(c) Adopted Plans and Design Guidelines: The application complies with all adopted plans and design guidelines, including the Citywide and Downtown Design Standards and Guidelines, unless modified by conditions attached by the DRC to satisfy the required findings in Subsections (a) and (b) above.
E. Floodplain Variance:
(1) Applicability:
(a) A Floodplain Variance is required for all requests to vary the requirements of Section 11-02-07.3.F, FP-O Flood Protection Overlay.
(b) Floodplain Variances may generally be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation.
(2) Procedure:
(b) In reaching a decision, the Hearing Examiner shall review:
i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community; the necessity to the facility of a waterfront location where applicable;
v. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
vi. The compatibility of the proposed use with existing and anticipated development;
vii. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
viii. The safety of access to the property in times of flood for ordinary and emergency vehicles;
ix. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and
x. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities including but not limited to sewer, gas, electrical, water systems, and streets and bridges.
(c) Any applicant to whom a Floodplain Variance is issued shall be given written notice that the cost of flood insurance may be commensurate with any increased flood risk.
(d) The Floodplain Administrator shall maintain a record of all Floodplain Variance actions, including justification for their approval.
(3) Findings for Approval:
(a) General: The Hearing Examiner shall approve a Floodplain Variance request, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and the following criteria:
i. Floodplain Variances shall not be issued within any designated floodway if any increase in flood levels during the Base Flood discharge would result.
ii. A Floodplain Variance shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
iii. A Floodplain Variance shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, degradation of or victimization of the public, or conflict with existing local laws or ordinances.
iv. The Floodplain Variance is consistent with the National Flood Insurance Program adoption of the general zoning law principles that:
A. They pertain to a physical piece of property;
B. They are not personal in nature;
C. They do not pertain to the uniqueness of the structure, its inhabitants, economic or financial circumstances;
D. They primarily address smaller lots in densely populated residential neighborhoods; and
E. They should be approved quite rarely.
v. Floodplain Variances for nonresidential buildings may be approved in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and otherwise complies with the standards in Sections 11-02-07.3.F(3)(b)i, Uses and 11-02-07.3.F(3)(b)ii, Utilities.
F. Hillside Development Permit - Category 3:
(1) Applicability:
(a) A Hillside Development Permit is required for any development proposal for properties when any topographical slope exceeds 15 percent or where adverse conditions associated with slope stability, expansion soils, high water table and springs, erosion or sedimentation are present as determined by the Planning Director or City Engineer.
(b) A Category 3 Hillside Development Permit is required for those projects defined in Section 11-02-07.3.G(3)(c).
(2) Procedure:
(b) A meeting with the Public Works Department shall be held after acceptance of the application.
(c) An application for a Category 3 Hillside Development Permit may be combined with an application for a Subdivision Plat or Planned Unit Development and both applications may be reviewed, and a recommendation made by the PZC to the City Council.
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The proposed development complies with the technical requirements of Sections 11-02-07.3.G, HS-O: Hillside Development Overlay and 11-04-05.6, Foothills Development Standards if applicable including those related to grading, drainage, hazardous areas, revegetation, preservation of outstanding and unique features;
(b) If located in the FP-O district, the proposed development complies with all requirements of Section 11-02-07.3.F, FP-O Flood Protection Overlay.
(c) The land itself is capable of the volume and type of development proposed as determined by geological, hydrological and soils engineering analysis; and
(d) The project does not create a potential hazard of flooding, soil instability, fire, and erosion.
G. Legal Nonconformity - Major Expansion:
(1) Applicability: This procedure applies to all applications to expand a legal nonconforming use or building by 20 percent or more of the areas occupied at the time the use became legally nonconforming.
(2) Procedure:
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The expansion will not unduly burden transportation or service facilities in the vicinity and does not adversely impact the delivery of services by any political subdivision providing services;
(b) Will not result in material negative impacts to surrounding properties; or that any deviation from those criteria has been mitigated to the maximum extent practicable and the public benefits of the proposed expansion outweigh any material negative impacts of the proposed expansion that cannot be mitigated;
(c) Any expansion of a legal nonconforming building will not increase the degree of nonconformity of that part of the building that does not meet the provisions of this Code; and
(d) The expansion will not be in conflict with the Comprehensive Plan.
H. Planned Unit Development Modification - Major:
(1) Applicability:
(a) This Section applies to applications for modifications to Planned Unit Developments approved after the Effective Date that the Planning Director determines are not eligible for approval as a Planned Unit Development Minor Modification pursuant to Section 11-05-05.2.H.
(b) For Planned Unit Developments approved prior to the Effective Date, modifications shall be reviewed through the Conditional Use Major Expansion process pursuant to Section 11-05-05.3.C.
(2) Procedure:
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the required findings for approval for a Zoning Map Amendment pursuant to Section 11-05-05.4.I(2)(a)ii as applicable to a Planned Unit Development.
I. Reclassification of Historic Resource
(1) Applicability: This procedure applies to any application to change the classification of any building, site, structure, or object located within a designated Historic District from a non-contributing to a contributing property, or from a contributing to a non-contributing property, which action may occur on or after the 50th anniversary of its original construction.
(2) Procedure:
(b) The application shall be filed pursuant to a motion of the Historic Preservation Commission or at the request of the Planning Director, property owner, or an applicant with the written consent of the property owner,
(c) The HPC may reclassify a building, site, structure, or object within a designated HD-O district from non-contributing to contributing or from contributing to non-contributing.
(3) Findings for Approval: The HPC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) A building, site, structure, or object may be reclassified from non-contributing to contributing or from contributing to non-contributing if the HPC determines that an error was made on the original survey.
(b) A building, site, structure, or object may be reclassified from contributing to non-contributing or from non-contributing to contributing if alterations, additions, or restorations have been made so that the classification prior to the change no longer reflects the proper classification after the change.
(c) If the HPC determines that a reclassification is justified pursuant to Subsections (a) or (b) above, the HPC shall also make the following findings in writing.
i. Whether or not the building, site, structure, or object is eligible for the National Register of Historic Places.
ii. Whether or not the building, site, structure, or object contributes to the HD-O district in which it is located.
J. Residential Small Lot Approval - Major:
(1) Applicability: This procedure applies to all applications subject to the Residential Small Lot standards in Section 11-04-03.4 that contain five or more dwelling units on five or more contiguous Residential Small Lots.
(2) Procedure:
(3) Findings for Approval: The DRC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council, including but not limited to the applicable standards set forth in Section 11-04-03.4, Residential Small Lots.
K. River System Permit - Major:
(1) Applicability: A Major River System Permit is required for all lands and waters and all aquatic, wetland, riparian, and upland environments within the jurisdiction of Boise City that lie:
(a) Within the 100 year Floodplain boundaries adjacent to the Boise River;
(b) Within the Setback Lands and Waters as described in Section 11-02-07.3.E(6), Setbacks; or
(2) Procedure:
(b) In addition to that Interdepartmental Review that may be required by the Planning Director pursuant to Section 11-05-04.3.C prior to submittal of an application, the Planning Director may require an Interdepartmental Review of the application after the completeness of an application has been confirmed pursuant to Section 11-05-04.4.
(c) Review by the Parks Board is required when the property to which the application relates is adjacent to or includes the Greenbelt setback lands and waters.
(d) The application shall be reviewed concurrently with all other applications required for approval of the specific development proposed for the property.
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The proposed development is in compliance with the applicable standards for uses in Class A, B, or C lands and waters.
(c) The proposed development includes measures designed to ensure that natural resources functions and values are preserved or enhanced and maintained.
(d) The proposed development complies with or shall comply with all local, state, and federal laws and regulations.
L. Variance:
(1) Applicability:
(a) This procedure applies to all applications by a property owner to deviate from the standards of this Code applicable to a proposed action or development, and that is not eligible for review and decision pursuant to Section 11-05-05.3.E, Floodplain Variance.
(b) An application for a Variance shall not include a request to permit a use that is not shown as an allowed, conditional, temporary, or accessory use for that zoning district in Section 11-03-02, Table of Allowed Uses and shall not be used to modify Use-Specific Standards applicable to an allowed, conditional, temporary, or accessory use in Section 11-03-03, Use-Specific Standards.
(2) Procedure:
(b) A Neighborhood Meeting shall be held in accordance with Section 11-05-04.3.B, Neighborhood Meeting, except that only the property owners and residents (including tenants) adjacent to the project and the Registered Neighborhood Association need to be notified.
(c) A public hearing before the Hearing Examiner is required pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing, except that mailed notice for a Variance is required only to the applicant and to each property owner or tenant addresses known to the City within the subject property and adjacent to the subject property (including those properties across a street, alley, canal, or other public right-of-way).
(d) If the application is combined with an application for a Conditional Use Permit, the Hearing Examiner shall defer a decision on the application to the PZC, which shall decide the request for Variance pursuant to the findings for approval in Subsection (3) below.
(e) As a part of a Variance approval, the Hearing Examiner may require a modification of the Code standards for lot size, lot coverage, width, depth, setbacks, parking spaces, height of buildings, or other Code provisions affecting the size or shape of a structure or the placement of the structure upon parcels in order to mitigate the impacts of the approved Variance.
(3) Findings for Approval: The Hearing Examiner shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and the following criteria:
(a) A Variance may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site;
(b) Granting of the Variance will not conflict with the public interest;
(c) Granting the Variance will not provide a right or special privilege to the property that is not available to other properties within the same zoning district; and
(d) Granting of the Variance will not create material negative impacts to the public health, safety, or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of the property, or any negative impacts have been mitigated to the maximum extent practicable.
(e) If the requested Variance is to the standards in Section 11-04-04, Subdivision Standards:
i. The tract to be subdivided is of unusual size or shape or has unusual conditions such that the strict application of these regulations would result in substantial hardship or inequity;
ii. The requested Variance is necessary so that the property may be developed in a reasonable manner; and
iii. The quality of the development is not diminished.
(f) If the requested Variance is to the standards in Section 11-04-012, Signs:
i. It shall not have the effect of permitting any type of sign that is prohibited in that zoning district; and
ii. The existence of legal nonconforming signs in the vicinity surrounding the property site shall not be cited as a hardship or used as justification for a special circumstance supporting the application.
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