11-05-07: VIOLATIONS, ENFORCEMENT, AND PENALTIES:

(b) The City shall limit its annexation to those lands within its Area of City Impact. If Boise City wishes to annex lands outside of its Area of City Impact, it shall first renegotiate its Area of City Impact Boundary with Ada County in accord with Idaho Code 67-6526(d) unless renegotiation is not required pursuant to Idaho Code 50-222, Annexation by Cities, Category A.

i. Category A annexations are those in which:

A. All private landowners raise no objection to annexations; or

B. Residential enclaved lands of less than 100 privately owned parcels, irrespective of surface area, that are surrounded on all sides by:

(i) Lands within the City;

(ii) Lands within the City's limits and by lands for which owner approval shall be given pursuant to Section 11-05-05.4.A(3)(b)i; or

(iii) Lands within the City and by the boundary of the city's Area of City Impact.

ii. Category B annexations are those in which:

A. The subject lands contain less than 100 separate private ownerships and platted lots of record and where not all such landowners have consented to annexation;

B. The subject lands contain more than 100 separate private ownerships and platted lots of record and where landowners owning more than 50 percent of the area have evidenced their consent to annexation at the outset of the annexation process; or

C. The lands are the subject of a development moratorium or a water or sewer connection restriction imposed by state or local health or environmental agencies; provided such lands shall not be counted for purposes of determining the number of separate private ownerships and platted lots of record aggregated to determine the appropriate category.

iii. Category C annexations are those in which the subject lands contain more than 100 separate private ownerships and platted lots of record and where landowners owning more than 50 percent of the area of the subject private lands have not evidenced their consent to Annexation at the outset of the Annexation process.

(2) Procedure:

(a) All applicable provisions of Sections 11-05-02, Summary Table of Review and Decision-Making Procedures and 11-05-04, Common Procedures for a Type 4 application apply unless specifically modified by the provisions of this Section 11-05-05.4.A.

(b) A request for the Annexation of property into the City may be initiated by the City Council, the PZC, or by property owners or holders of valid purchase interest. When the Annexation request is initiated by the property owner, the PZC may expand or modify the Annexation request.

(c) A request for Annexation shall include evidence of consent to Annexation. Prior consent to annex shall be deemed given when consent is evidenced by written authorization or approval executed by the owner or the owner's authorized agent.

(d) For Category A Annexations, the City may initiate the planning and zoning procedures set forth in Chapter 65, Title 67, Idaho Code, to establish the Comprehensive Planning policies, where necessary, and zoning classification of the lands to be annexed.

(e) In Category B Annexations, valid consent to annex is implied for the area of lands connected to a water or wastewater collection system operated by the City if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008.

(f) In Category C Annexations:

i. Valid consent to annex is implied for the area of lands connected to a water or wastewater collection system operated by the City if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008.

ii. Following completion of all procedures required for consideration of a Category B Annexation, but prior to enactment of an annexation ordinance and upon an affirmative action by the City Council, the city shall mail notice to all private landowners owning lands within the area to be annexed, exclusive of the owners of lands that receive water or sewer service and owners of lands that are subject to a recorded consent to annex. Such notice shall invite property owners to either give written consent or express written opposition to the Annexation, include a description of how that consent or opposition can be made and where it can be filed, and inform the landowner where the entire record of the subject Annexation may be examined. Such mailed notice shall also include a legal description of the lands proposed for Annexation and a simple map depicting the location of the subject lands.

iii. Each landowner desiring to consent to or oppose the proposed Annexation shall submit the consent or opposition, in writing, to the City Clerk by a date specified in the notice, which shall not be sooner than 21 days after the date of the mailing of such notice.

iv. After the date specified in the notice for receipt of written consent or opposition, the City Clerk shall compile and present to the Council a report setting forth the total physical area sought to be annexed and the total physical area of the lands, as expressed in acres or square feet, whose owners have consented in writing to the Annexation, plus the area of all lands receiving water or sewer service from the city and the area of all lands subject to a recorded consent to annex.

v. Objections to the proposed Annexation shall be considered, except that:

A. Objections received after the conclusion of the 21 day period shall not be considered unless the late objection is due to the City's failure to follow the procedures provided in this Subsection (f).

B. Objections received from owners of lands subject to a recorded consent to annex, or from owners receiving water or sewer service from the City, shall not be considered objections for purposes of this Subsection (f).

C. Upon receiving the City Clerk's report, the City Council shall review the report and may thereafter confirm whether consent was received from the owners of a majority of the land areas and those providing written consent, in addition to all lands subject to the implied consent provisions set forth herein and those subject to consent of record in the office of the Ada County Recorder. The results of the report shall be reflected in the minutes of the City Council.

D. If the report, as accepted by the City Council, confirms that owners of more land area have consented to Annexation than oppose such Annexation, the City Council may enact an ordinance of Annexation, that shall be published and become effective according to the terms of the ordinance.

E. If the report confirms that owners of more land area oppose Annexation than consent to such Annexation, the Category C Annexation shall not be authorized.

(g) Written consent to annex lands, if recorded in the Ada County Recorder's Office, shall be binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to Boise City.

(h) For all categories of Annexation, compliance with the notice and hearing procedures governing a zoning district boundary change as set forth in Section 67-6511, Idaho Code, on the question of whether the property should be annexed and, if annexed, the zoning designation to be applied to the property; provided however, the initial notice of public hearing concerning the question of Annexation and zoning shall be published in the official newspaper of the City and mailed by first class mail to every property owner with lands included in such Annexation proposal not less than 28 days prior to the initial public hearing.

(i) All public hearing notices shall establish a time and procedure by which comments concerning the proposed Annexation may be received in writing and heard and, additionally, public hearing notices delivered by mail shall include a one page summary of the contents of the City's proposed Annexation plan and shall provide information regarding where the Annexation plan may be obtained without charge by any property owner whose property would be subject to the Annexation proposal.

(j) After considering the written and oral comments of property owners whose lands would be annexed and other affected persons, the City Council may proceed with the enactment of an ordinance of Annexation and zoning.

(k) The decision to annex shall conclude with the passage of an ordinance of Annexation.

(l) In accordance with Idaho Code 67-6526(d), a renegotiation may be initiated by the City Council or the Board of Ada County Commissioners.

(3) Findings for Approval:

(a) The PZC shall recommend approval of the Annexation and zoning, or approval with conditions, if it determines that the Annexation will:

i. Incorporate the Boise sewer planning area;

ii. Honor negotiated area of impact agreements;

iii. Allow the efficient and economically viable provision of tax-supported and fee-supported municipal services; and

iv. Promote other goals of population balance, contiguous development, protection of sensitive lands or environmental resources necessary for the delivery of municipal resources, and prevention of costs due to non-contiguous development.

(b) The City Council shall approve the Annexation and zoning, or approve it with conditions, if it determines that the Annexation is for the public convenience or necessity or for the general welfare and that the following criteria are met:

i. For a Category B Annexation:

A. The lands are contiguous or adjacent to the city limits and lie within the Area of City Impact.

B. Land division of parcels to be annexed meets the following criteria:

(i) The land is laid off into lots or blocks containing not more than five acres of land each, whether the same shall have been or shall be laid off, subdivided, or platted in accordance with any statute of the State of Idaho or otherwise, or whenever the owner or proprietor or any such person by or with their authority has sold or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not exceeding five acres, or whenever the land is surrounded by the city.

(ii) Splits of ownership that occurred prior to January 1, 1975, and that were the result of placement of public utilities, public roads or highways, or railroad lines through the property shall not be considered as evidence of an intent to develop such land and shall not be sufficient evidence that the land has been laid off or subdivided in lots or blocks.

(iii) A single sale after January 1, 1975, of five acres or less to a family member of the owner for the purpose of constructing a residence shall not constitute a sale within the means of this Section. For purposes of this Section, "family member" means a natural person or the spouse of a natural person who is related to the owner by blood, adoption, or marriage within the first degree of consanguinity.

C. A written Annexation Plan has been prepared and published that is appropriate to the scale of the Annexation contemplated and includes, at a minimum, the following elements:

(i) The manner of providing tax-supported municipal services to the lands proposed to be annexed;

(ii) The changes in taxation and other costs, using examples, that would result if the subject lands were to be annexed;

(iii) The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed;

(iv) A brief analysis of the potential effects of annexation upon other units of local government that currently provide tax-supported or fee- supported services to the lands proposed to be annexed; and

(v) The proposed future land use plan and zoning designations, subject to public hearing, for the lands proposed to be annexed.

D. In addition to the criteria set forth elsewhere in this Section, Annexation of the following lands shall meet the following requirements:

(i) Property owned by Ada County or any entity within the County, that is used as a fairgrounds area under the provisions of chapter 8, Title 31, Idaho Code, or Chapter 2, Title 22, Idaho Code, shall have the consent of a majority of the Board of County Commissioners of Ada County; and

(ii) Property owned by a nongovernmental entity that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty acres or more and does not require or use any city services shall have the express written permission of the nongovernmental entity owner.

ii. If the City Council finds that the criteria in Subsection i above are met, the City Council shall find and place in the minutes of the City Council meeting at which the Annexation is approved that:

A. The land to be annexed meets the applicable requirements of this Section and does not fall within the exceptions or conditional exceptions contained in this Section 11-05-05.4.A.

B. The Annexation would be consistent with the public purposes addressed in the Annexation Plan prepared by the City.

C. The Annexation is reasonably necessary for the orderly development of the City.

D. If railroad rights-of-way property are included in the Annexation, property within the city limits adjoins or will adjoin both sides of the railroad rights-of-way.

iii. For a Category C Annexation:

A. The findings for approval of a Category B Annexation have been met; and

B. Consent to the Annexation as required by Section 11-05-05.4.A(2)(f)i has been obtained.

B. Code Adoption or Amendment:

(1) Applicability: This procedure applies to all applications to adopt a replacement for this Code or an amendment to this Code. A Code Adoption or Amendment is required when Council proposes the adoption of a Code or amendments to this Code to reflect trends in development or regulatory practices; expand, modify, or add requirements for development in general or to address specific development issues; or to clarify or modify procedures for processing development.

(2) Procedure:

(b) An application for a Code Adoption or Code Amendment may only be filed by a member of City Council or the Planning Director.

(c) In the case of a Code Amendment to establish a Character or Design Review Overlay District, the City may require the HPC, DRC, or other board or commission, to review the application and make a recommendation.

(d) If a Code Adoption or Code Amendment will result in a change to any zoning district or the creation of a new zoning district, the applicant will also be required to complete an application and follow all applicable procedures for 11-05-05.4.I, Zoning Map Amendment (Rezoning, including Planned Unit Development). These applications may be run concurrently.

(3) Findings for Approval: The PZC shall recommend approval or approval with conditions, and the City Council shall approve the application or approve it with conditions, if the proposed Code Adoption or Code amendment:

(a) Is required for public convenience or general welfare; and

(b) Will not be in conflict with the Comprehensive Plan.

C. Comprehensive Plan Adoption or Amendment:

(1) Applicability: This Section applies to all applications proposing to adopt a new Comprehensive Plan or make an amendment to the existing Comprehensive Plan, including but not limited to applications to adopt or amend the Future Land Use Map component of the Comprehensive Plan for the City.

(2) Procedure:

(b) Any person may file an application for a Comprehensive Plan Amendment at any time, unless City Council has established by resolution a minimum interval between consideration of requests to amend, which interval shall not exceed six months.

i. The predicted effect of the proposed development on the future growth of the city and the existing goals, objectives, and policies of the Comprehensive Plan;

ii. Listing any revisions to this Code that would be needed to implement the proposed amendment; and

iii. Whether the proposed amendment is consistent with the other elements of the Comprehensive Plan.

(d) A Comprehensive Plan Adoption or Amendment shall become effective when enacted by resolution by the City Council.

(3) Findings for Approval: The PZC shall recommend approval or approval with conditions, and the City Council shall approve the application or approve it with conditions, if it complies with the following criteria:

(a) Comprehensive Plan Adoption: The Comprehensive Plan promotes the long term economic, social, and environmental health of the City and protects the public health, safety, and welfare of the citizens of Boise City.

(b) Comprehensive Plan Amendment: The amendment:

i. Is required for the public convenience or necessity, or for the general welfare of the community;

ii. Is necessary to address changes in conditions within the community that have occurred since the Comprehensive Plan was adopted or is necessary to correct one or more goal, objective, or policy that exist in the plan;

iii. Is consistent with and will further the goals, objectives, and policies of the Comprehensive Plan, unless it explicitly modifies those goals, objectives, and policies;

iv. Will not modify the goals, objectives, and policies of the Comprehensive Plan in a way that creates inconsistencies between different chapters of the Plan, or that impairs the City's ability to balance the goals, policies, and objective within or between different chapters of the Plan.

v. Promotes 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

vi. If the amendment is to the Future Land Use Map, the amendment is consistent with the other elements of the Comprehensive Plan and the Comprehensive Plan, Future Land Use Map, or the other components of the plan are changed to create internal consistency.

D. Development Agreement or Modification:

(1) Applicability:

(a) This procedure applies to all applications to approve a Development Agreement, or to modify an existing Development Agreement, related to this Code.

(b) A Development Agreement may be submitted by the applicant or may be required by PZC or City Council in connection with a Zoning Map Amendment pursuant to Section 11-05-05.4.I after a determination has been made that a Zoning Map Amendment application does not meet required findings without additional restrictions to those imposed by the proposed zoning district.

(c) An application to modify an Existing Development agreement may be submitted by the applicant or may be required by the PZC or City Council in connection with an application under this UDO if the PZC or City Council determines that the application does not meet required findings without a change to an existing Development Agreement related to the property.

(d) Restrictions contained in a Development Agreement are in addition to all the requirements of this Code.

(e) Nothing in this Section shall be construed as relieving the property that is subject to Development Agreement restrictions from further compliance with all other permit and Code requirements applicable because of the zoning designation of the property.

(2) Procedure:

(b) A request to enter into a Development Agreement may be:

i. Submitted by a Zoning Map Amendment applicant;

ii. Required by Council at a Zoning Map Amendment hearing; or

iii. Required by Council upon recommendation from the PZC.

i. Submitted by the applicant, property owner, or other person obligated by the terms of an existing Development Agreement;

ii. Required by Council at a hearing on an application required by this Code; or

iii. Required by Council upon recommendation from the PZC in connection with an application for a permit or approval under this Code.

(d) If Subsections (b)ii, (b)iii, (c)ii, or (c)iii above apply, time limits may be stayed if so directed by the City Council or PZC.

(e) When requested by an applicant, the PZC shall conduct a hearing and forward a recommendation to the City Council.

(f) The Development Agreement shall expire as indicated within the agreement or as described below, unless it is not recorded within one year of the date of approval, in which case the agreement shall automatically expire and Council may initiate a Zoning Map Amendment to return the property to the prior zoning district or in the case of an initial zoning district at Annexation, to a zoning district deemed appropriate in light of the purposes of this Code and the Comprehensive Plan.

(g) A Development Agreement may be amended or terminated by the City Council, after public hearing, for failure to comply. Upon termination, the City Council may rezone the property to the prior zoning district or in the case of an initial zoning district at Annexation, to a zoning district deemed appropriate and not inconsistent with the adopted Comprehensive Plan.

(h) In the case of a requested modification of a Development Agreement, the Planning Director may waive or adjust any pre-submittal requirement or common procedure related to the initial approval of a Development Agreement that the Planning Director determines is not necessary for the PZC, if applicable, or City Council to understand the impacts of the proposed modification of the Development.

(3) Findings for Approval:

(a) The PZC shall recommend and Council shall approve the application, or approve it with conditions, if the Development Agreement does not grant a land use or property right or privilege to the applicant and is necessary to:

i. Provide infrastructure needed to support or service the proposed development;

ii. Mitigate potential impacts of development under the proposed Zoning Map Amendment on the surrounding neighborhoods; or

iii. Bring the Zoning Map Amendment application into compliance with the Comprehensive Plan or this Code.

E. Major Historic Preservation Actions: This section consolidates several procedures related to historic resources in the city, each of which requires action by the HPC and each of which may require further action by City Council.

(1) Demolition or Change in Use of an Historic Landmark

(a) Applicability: A Demolition or Change in Use of an Historic Landmark is required when an Historic Landmark designated by ordinance that is not part of an Historic District, is proposed to be demolished, materially altered, remodeled, relocated, or put to a different use.

(b) Procedure:

i. All applicable provisions of Sections 11-05-02, Summary Table of Review and Decision-Making Procedures and 11-05-04, Common Procedures for a Type 4 application apply unless specifically modified by the provisions of this Section 11-05-05.4.E(1).

ii. A request to demolish or change the use of an Historic Landmark shall be submitted to the Historic Preservation Commission (HPC).

iii. After 180 days written notice of the owner's proposed action has been given to the HPC, the HPC may negotiate with the owner and with any other parties to try to find a means of preserving the property. The HPC may enter into negotiations with the owner for the acquisition by gift, purchase, or exchange of the property or any interest in the property during this 180 day period or any such action as is reasonably necessary or appropriate for the continued preservation of the property.

iv. The HPC may reduce the waiting period required by this Subsection in any case where the owner would suffer extreme hardship unless a reduction in the required period were allowed. The HPC shall have the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the HPC insuring the continued maintenance of the historical, architectural, archeological, or cultural integrity and character of the property.

v. The HPC shall notify, in writing, property owners within a 300 foot radius of the Historic Landmark and the Registered Neighborhood Association of the request to demolish, alter, remodel, relocate or change the use of the Historic Landmark and may allow such owners and the Registered Neighborhood Association to provide input within the 180 day waiting period.

(c) Findings for Approval: The PZC shall recommend approval or approval with conditions, and the City Council shall approve the application or approve it with conditions if it finds that the demolition or change of use will not materially compromise the historical integrity or value of the HD-O district in which it is located, or if it determines that continuation of the current structure and use would result in unreasonable economic harm to the property owner.

(2) Designation of Historic Districts:

(a) Applicability:

i. A Designation of Historic Districts review is required in order to establish an Historic District.

ii. The HPC, either on its own initiative or upon the request of the City Council, or upon the request of one or more owners of property in the area of a proposed Historic District, may recommend the designation of one or more Historic Districts.

(b) Procedure:

ii. Prior to recommending designation the HPC shall conduct studies, research and investigations based on the relevant criteria given in Section 11-02-07.2.E(3), Criteria for Designation, regarding buildings, sites, structures and objects of such proposed Historic District or Districts.

iii. The HPC shall prepare a report containing recommendations concerning the area or areas to be included in the proposed Historic District or Districts.

iv. Copies of the report shall be transmitted for review and recommendation to the PZC.

v. Notice of the time, place and purpose of such hearing shall be given at least 15 calendar days prior to the hearing by one publication in a newspaper of general circulation in the city.

vi. Notice of the hearing shall be given to the owners of all properties to be included in the District or Districts and to the Registered Neighborhood Association at least 15 calendar days prior to the hearing.

vii. After conducting the public hearing, the HPC may vote to proceed with the District, and shall submit a final report with its recommendations and a draft ordinance to the City Council.

viii. If the HPC recommends approval or approval with conditions, a public hearing before City Council is required pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing.

ix. An application for the Designation of Historic Districts shall be accompanied by an application for a Zoning Map Amendment. Upon approval by the City Council of the ordinance establishing the Historic District, the zoning maps shall be changed to reflect the addition of the "HD-O" Historic Design Overlay zoning district.

x. Upon passage of the ordinance, the owners of each property within the designated Historic District, and the Registered Neighborhood Association shall be given written notification of the City Council's action.

xi. The HPC shall notify City departments and other agencies as required under Section 11-02-07.2.E(10).

xii. One copy of the ordinance creating the District shall be filed in the office of the Ada County Recorder.

xiii. The HPC shall maintain a register of Historic Districts as required under Section 11-02-07.2.E(11).

xiv. Following designation, and physical changes in the District that are approved by a Minor or Major Certificate of Appropriateness pursuant to Sections 11-05-05.2.C or 11-05-05.3.A shall be added to the report/survey prepared to support the designation process. Updates are not considered amendments to the Historic District.

(c) Findings for Approval: The HPC shall recommend approval or approval with conditions and the City Council shall approve the application, or approve it with conditions, if the proposed Designation of an Historic District complies with the criteria set forth in Section 11-02-07.2.E(3), Criteria for Designation.

(3) Designation of Historic Landmarks:

(a) Applicability:

i. A Designation of Historic Landmarks review is required to officially designate an Historic Landmark.

ii. The HPC, either on its own initiative or upon the request of the City Council, or upon the request of the owner of the property proposed to be designated, may recommend the designation of an Historic Landmark.

(b) Procedure:

ii. Prior to recommending designation the HPC shall conduct studies, research and investigations based on the relevant criteria given in Section 11-02-07.2.E(3), Criteria for Designation.

iii. The HPC shall prepare a report containing recommendations concerning the Historic Landmark proposed to be designated and a draft of the designating ordinance to the City Council. The report shall include:

A. Comments regarding the suitability of the Historic Landmark for preservation or restoration.

B. A statement regarding the appropriateness of an adaptive or alternative use of the Historic Landmark.

C. A statement regarding the administrative and financial responsibility of the person or organization proposing to undertake all or a portion of the cost of acquisition, restoration, maintenance, operation or repair, or the cost of adaptive or alternative use of the property to the extent that any, such considerations apply to the property proposed for designation.

D. A statement regarding the appraised value of the property if the owner of the property proposed for designation has not consented to such designation.

iv. If the HPC recommends approval or approval with conditions, a public hearing before City Council is required pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing.

v. For each designated Historic Landmark, the designating ordinance shall require the waiting period prescribed by Section s to be observed prior to its demolition, material alteration, remodeling, or removal. The designating ordinance shall also provide guidelines for a suitable sign or marker on or near the Historic Landmark indicating that the property has been so designated.

vi. For properties designated as an Historic Landmarks and located within a local Historic District, the portions of this ordinance pertaining to the Districts takes precedence over the 180 day waiting period for demolition of the structure.

vii. For state or federal properties that are designated as Historic Landmarks, the designation is an honorary effort and the City acknowledges that the repair, maintenance, demolition, or remodel of the structure is not within its jurisdiction.

viii. Upon passage of the designating ordinance, the City shall provide the owners and occupants of each designated Historic Landmark written notification of the City Council's action, and one copy of the designating ordinance shall be filed in the office of the Ada County Recorder.

ix. The HPC shall give notice of such designation to the Ada County Tax Assessor.

i. The building, site, structure, or object proposed for designation shall meet one or more of the criteria required in Section 11-02-07.2.E(3), Criteria for Designation; and

ii. The building, site, structure, or object proposed for designation meets the criteria established for inclusion in the National Register of Historic Places, as such criteria are applied to historic properties in the State by the Idaho Historic Sites Review Board.

(4) Removal of Historic Designation:

(a) Applicability: A Removal of Historic Designation review is required to rescind the designation by ordinance of all or part of a HD-O district or a property within an HD-O district.

(b) Procedure:

ii. The property owner or owner's representative, or the HPC, shall submit an application for removal of designation that includes a detailed explanation as to why the property (or properties) does not meet the criteria under which the district was adopted as outlined under Section 11-02-07.2.E(3), Criteria for Designation.

iii. Prior to approval or denial of the application for removal of designation, the HPC shall schedule a public hearing on the request and notify, in writing, each property owner within the affected District if for removal of the entire Historic District or 300 foot radius from the property boundaries for an individual property removal within the district and the Registered Neighborhood Association at least 15 calendar days prior to the hearing. Notice of the time, date, place, and purpose of such hearing shall also be published at least 15 calendar days prior to such hearing in a newspaper of general circulation within the city.

iv. If the HPC determines the proposed removal of designation is appropriate, it shall approve such application and shall prepare a report containing such recommendation of removal of designation and a draft of a proposed ordinance removing such designation to the City Council.

v. If the HPC approves the application, a public hearing before City Council is required pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing.

vi. If the HPC determines that the application for removal of designation should not be recommended, it shall place upon its records the reason for such determination and shall notify the applicant of such determination and a copy of its reasons and its recommendations, if any, as appearing in the records of the HPC.

vii. If the Removal of Historic Designation will result in a change in zoning, the application for the Removal of Historic Designation shall be accompanied by an application for a Zoning Map Amendment. Upon approval by the City Council of the ordinance, the zoning map shall be changed to reflect the removal of all or part of the HD-O district.

viii. Upon approval of the ordinance, the City shall provide the owners and occupants of the HD-O district or property within the district for which designation was removed written notification of Council's action.

ix. One copy of the ordinance shall be filed in the office of the Ada County Recorder.

x. The HPC shall give notice of such removal of designation to the Ada County Tax Assessor and to the Boise office of the Internal Revenue Service.

(c) Findings for Approval: The HPC shall recommend approval or approval with conditions and the City Council shall approve the application, or approve it with conditions, if the proposed Removal of Historic Designation complies with the following:

i. For removal of the designation of a building, site, structure, or object included within a designated Historic District, or designated as an Historic Landmark:

A. The building, site, structure, or object has ceased to comply with the criteria for designation in Section 11-02-07.2.E(3); or

B. The building, site, structure, or object no longer exhibits the characteristics that qualified the property for inclusion within an Historic District.

ii. For removal of HD-O designation, the district has ceased to comply with the criteria for designation in Section 11-02-07.2.E(3).

(5) Creation, Expansion, or Reduction of Historic Street Lighting District:

(a) Applicability: This procedure applies to all requests to create a new Historic Street Lighting district, or to expand or reduce the area of an existing Historic Street Lighting district.

(b) Procedure:

ii. Applications for inclusion in an Historic Street Light District shall be made in writing to the Planning Director and the Director of Public Works. The request will be forwarded to the Public Works Commission and the DRC for their recommendation to City Council.

iii. No public hearing before the HPC or PZC is required.

iv. City Council shall make a decision on the application following a public hearing.

(c) Findings for Approval: The Planning Director and Director of Public Works shall recommend approval or approval with conditions, and City Council shall approve the application or approve it with conditions, based on consideration of the following factors:

i. Historic characteristics of the proposed location;

ii. Source and availability of funding of initial installation (both city and outside funding sources); and

iii. Source and availability of funding for continued maintenance.

F. Subdivision Plat - Preliminary:

(1) Applicability: A Preliminary Plat is required for all actions resulting in the division of land into smaller parcels for development, or the revision of existing platted land into different lots for development, except those actions exempt from these regulations by this Code or by state or federal law.

(2) Procedure:

(b) Concept Review and Interdepartmental Review shall be held in accordance with Section 11-05-04.2 when a proposed subdivision includes 40 or more lots or dwelling units.

(c) A Neighborhood Meeting shall be held in accordance with Section 11-05-04.3.B, Neighborhood Meeting when a proposed subdivision includes 40 or more lots or dwelling units.

(d) A Preliminary Plat application may be submitted with or without a Final Plat, as determined by the Planning Director.

(e) Preliminary Plat approval shall expire if the applicant does not comply with the following:

i. Within two years of approval, the applicant shall obtain the City Engineer's signature on one or more Final Plats covering portions of the Preliminary Plat areas as evidence of conformance with this Code and the City Council's conditions of approval.

ii. Where a Preliminary Plat is approved subject to a Conditional Use Permit and the Conditional Use Permit expires, the plat shall also expire.

(f) Preliminary Plats may be phased and do not need time extensions provided that at least one phase of the plat is approved annually. For phased developments, City Council may modify or add conditions for phases submitted after two years following Preliminary Plat approval.

(g) The City Council may grant an extension of a Preliminary Plat for up to one year in each request, provided an application for extension is filed at least 20 days prior to the expiration of either the first two year period or a previous extension.

(3) Findings for Approval: The PZC shall recommend approval or approval with conditions and the City Council 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 those standard in Section 11-04-04, Subdivision Standards.

G. Subdivision Plat - Final:

(1) Applicability:

(a) This procedure is required to finalize a Preliminary Plat approved pursuant to Section 11-05-05.4.F.

(b) No approved Preliminary Plat conveys to the property owner the right to install infrastructure or to sell or convey interests in lots, parcels, or tract based on descriptions of those lots, parcels, or tracts in the Preliminary Plat, until a Final Plat has been approved and recorded pursuant to this Section.

(2) Procedure:

(a) All applicable provisions of Sections 11-05-02, Summary Table of Review and Decision-Making Procedures and 11-05-04, Common Procedures apply unless specifically modified by the provisions of this Section 11-05-05.4.G.

(b) A Final Plat shall be prepared in accordance with Title 50, Chapter 13 of the Idaho Code and with this Code and shall be submitted within two years of approval of a Preliminary Plat.

(c) The City Engineer shall review and sign the Final Plat if it conforms to the approved Preliminary Plat and any conditions imposed by City Council.

(d) If approved by City Council, the applicant shall record the Final Plat with the Ada County Recorder within one year from the date of the City Engineer's signature. If the applicant fails to record the Final Plat within that time period, as that period may be extended by Council in the case of phased projects, the approved Preliminary Plat shall lapse and shall no longer be valid.

(e) No public hearing before the PZC is necessary before City Council approval of a Final Plat.

(f) The City Council may grant an extension of a Final Plat for up to one year in each request, provided an application for extension is filed at least 20 days prior to the expiration of either the first two year period or a previous extension. In granting a time extension, the City Council may modify or add conditions to the Final Plat to conform with adopted policies or Code changes since initial approval.

(3) Findings for Approval: The City Council shall approve the Final Plat if it conforms to the approved Preliminary Plat and any conditions imposed by City Council and has been signed by the City Engineer, a professional licensed surveyor, and all other City or governmental officials required to sign the Final Plat.

H. Subdivision Plat - Replat:

(1) Applicability:

(a) This procedure shall apply to all applications to remove from a recorded Final Plat:

i. A utility, drainage, or slope easement;

ii. A public street or right-of-way owned by the City; or

iii. A plat note.

(b) When a public street or public rights-of-way is located within the Ada County Highway District (ACHD, the ACHD shall have the authority to vacate the public street or public rights-of-way as provided in section 40-203, Idaho Code.

(2) Procedure:

(a) All applicable provisions of Section 11-05-02, Summary Table of Review and Decision-Making Procedures apply unless specifically modified by the provisions of this Section 11-05-05.4.H.

(b) Some or all of the provisions of Section 11-05-04, Common Procedures do not apply to specific types of Replats.

(c) A Replat showing the portion(s) of the recorded Final Plat shall be prepared in accordance with Title 50, Chapter 13 of the Idaho Code and with this Code, and shall indicate which lots, tracts, parcels, public streets and rights-of-way, and lands dedicated to the City or to another governmental or quasi-governmental agency, if any, are to be vacated.

(d) The approval of a Replat shall not, by itself, result in the transfer of any lands dedicated to the City any governmental or quasi-governmental agency, to any other party. Transfer of any such lands to an owner other than the City shall require the adoption of an ordinance by City Council transferring such property or a separate action by the governing body of the governmental or quasi-governmental agency to which the Final Plat dedicated such lands.

(e) If approved by City Council, the applicant shall record any Replat with the Ada County Recorder within one year from date of the City Council action. If the applicant fails to record the Replat within that time period, as that period may be extended by Council, the approved Replat shall lapse and shall no longer be valid.

(3) Findings for Approval: The City Council shall approve the application 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) Approval of the Replat involving removal of all or part of a public street will not deprive any property owner within or abutting the streets or rights-of-way of convenient access to their property, unless alternative access has been provided;

(b) Approval of the Replat will not result in fragmenting open spaces, drainage facilities, essential public services (such as trash pickup), bicycle or pedestrian facilities, or trails that the Comprehensive Plan or other adopted plans of the City recommend for connection or contiguity, unless an alternative way of providing the connection or connection has been provided; and

(c) Approval of the Replat will not materially increase the costs to the City or other political subdivisions of providing services to lands remaining in the Final Plat or surrounding areas.

I. Zoning Map Amendment (Rezoning, including Planned Unit Development):

(1) Applicability:

(a) A Zoning Map Amendment is required to change zoning district boundaries, establish or eliminate zoning districts, change the zoning designation of a parcel, or to amend a Development Plan for a Planned Unit Development zoning district.

(b) Any application for a Zoning Map Amendment to establish, amend, or remove a Character or Design Overlay District (excluding an Historic Overlay), or a Sensitive Lands Overlay District shall also submit an application for a text amendment pursuant to Section 11-05-05.4.B, Code Adoption or Amendment.

(c) Any application for a Zoning Map Amendment to establish, amend, or remove an Historic Overlay shall also submit an application pursuant to Section 11-05-05.4.E, Major Historic Preservation Actions.

(d) If a Development Agreement is required pursuant to Section 11-05-05.4.D, Development Agreement or Modification, final action on the Zoning Map Amendment shall not occur before the Development Agreement has been approved by Council.

(2) Procedure:

(a) Standard Base and Overlay Zoning Districts:

ii. A Zoning Map Amendment, including the establishment of a new overlay district, shall become effective on the date stated in the ordinance amending the zoning classification adopted by the City Council.

iii. Following the approval of each Zoning Map Amendment, all development permitted in the new zoning designation shall be required to obtain all other permits and approval required for that type of development in this Code before applying for a Building Permit, unless the ordinance documenting Council's action waives one or more of those requirements.

(b) Planned Unit Development Districts (PUDs):

i. All property included in the proposed PUD shall be under common ownership or control or shall be the subject of an application filed jointly by the property owners of all the property to be included.

ii. An application for a Zoning Map Amendment to a PUD zoning district will only be accepted if the proposed PUD could not be developed using a combination of the base and overlay zoning districts listed in Chapter 11-02, Zoning Districts.

iii. An application for a Zoning Map Amendment to a Planned Unit Development zoning district shall include a Development Plan. The Development Plan shall identify one of the base zoning districts listed in Chapter 11-02, Zoning Districts as the reference base district for each portion of the PUD and shall list the standards, variations, and requirements for the development that may diverge from the standards of this Code for that reference base district, as permitted by Section 11-02-06, PUD: Planned Unit Development.

iv. Following approval of a Zoning Map Amendment for a Planned Unit Development district that includes design standards requirements that differ from those otherwise applicable under this Code, the new design requirements will be reviewed through Minor Design Review unless Council's action requires a different review process.

i. The PZC shall consider an application for a Zoning Map Amendment to a Specific Plan District and shall at the same time consider the proposed Specific Plan accompanying the application in accordance with Section 11-02-08, Specific Plan Districts.

ii. A Specific Plan District shall be noted on the zoning map by the designation "SP," followed by the number of the Specific Plan District based on order of adoption. The Specific Plan District may be either appended to the base zoning district as an overlay or may be the primary zoning with no other base zoning district.

iii. A Specific Plan adopted by ordinance of the City Council shall be administered as prescribed by the City Council and as established by the provisions of the Specific Plan for review, approval, and amendment. Adopted Specific Plans shall be listed by name and number in Chapter 11-07, Adopted Specific Plans and shall be maintained on file with the Planning Director.

(3) Findings for Approval:

(a) General: If the application is for a Zoning Map Amendment to a district other than a PUD district or a Specific Plan District, the PZC shall recommend approval or approval with conditions and the City Council shall approve the application or approve it with conditions if the application 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. One of the following criteria is met:

A. The Amendment is needed to correct a technical error in the current map (a change in the character of surrounding areas does not constitute an error in the map); or

B. The Amendment is needed because of changed conditions or circumstances in the surrounding area;

ii. The proposed Amendment is in the best interests of the public convenience and general welfare, with particular consideration given to the effects of the proposed Amendment upon the ability of the political subdivisions providing public services to the property to deliver those services effectively and efficiently;

iii. The size, scale, height, density, and mobility network of the proposed initial zoning or rezoning are compatible with surrounding development or has been made compatible with surrounding development through a Development Agreement or conditions on the approval; and

iv. The proposed Amendment is not in conflict with the Comprehensive Plan.

(b) Rezoning to an Overlay District: In addition to the criteria in Subsection (a) above, an application for a Zoning Map Amendment for an overlay district shall meet the following additional criteria:

i. The area proposed for rezoning meets the criteria in Section 11-02-07.1, Character Overlay Districts, Section 11-02-07.2, Design Review Overlay Districts, or Section 11-02-07.3, Sensitive Lands Overlay Districts, as applicable to the type of overlay district proposed;

(c) Rezoning to a PUD District: In addition to the criteria in Subsection (a) above, an application for a Zoning Map Amendment for a Planned Unit Development district shall meet the following additional criteria:

i. The proposed development meets the standards in Section 11-02-06, PUD: Planned Unit Development.

(d) Rezoning to a Specific Plan District: In addition to the criteria in Subsection (a) above, an application for a Zoning Map Amendments for a Zoning Map Amendments to a Specific Plan District shall comply with the following criteria:

i. The Specific Plan is compatible with surrounding development and properly integrates land uses and infrastructure with adjacent properties;

ii. The Specific Plan includes adequate provisions for utilities, services, roadway networks and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems;

iii. The Specific Plan will enhance the potential for superior urban design and land use in comparison with development under the base zoning district provisions that would apply if the Specific Plan were not approved; and

iv. The Specific Plan will not be in conflict with the Comprehensive Plan. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)

11-05-06: NONCONFORMITIES:

1. Legal Nonconforming Uses, Parcels, and Structures: A legal nonconforming parcel, structure, use, sign, or site feature is one that was legally established but that is not in compliance with this Code due to a subsequent ordinance amendment, annexation, change of zoning, eminent domain, or similar action, and not due to the actions of the property owner.

2. Determination of Legal Nonconforming Status: An application by a property owner to confirm the legal nonconforming status of a property shall be reviewed pursuant to Section 11-05-05.2.G, Legal Nonconformity - Confirmation, Change, or Minor Expansion.

3. Legal Nonconforming Parcels: Notwithstanding the minimum requirements for parcel size within the various zoning districts, structures may be built, expanded, reconstructed, occupied, or used on a legal nonconforming parcel that existed prior to the enactment of this Code provided that such structures and uses meet all other applicable requirements of this Code including but not limited to the provisions of Section 11-04-03.4, Residential Small Lots.

4. Legal Nonconforming Structures:

A. A legal nonconforming structure occupied by a conforming use may be maintained and repaired and may be expanded provided the expansion does not increase the degree of nonconformity. For example, a building that is legally nonconforming due to an inadequate front setback may be extended towards the side or rear provided they do not encroach into required side or rear setbacks, because such expansions do not increase the degree of nonconformity of the front setback.

B. A legal nonconforming structure occupied by a legal nonconforming use may be maintained and repaired but may only be expanded as needed to occupy any expansion of the legal nonconforming use permitted pursuant to Subsection 5 below.

C. A legal nonconforming structure shall not be replaced except in compliance with this Code, but may be maintained, repaired, or internally altered provided that there is no increase in the degree of noncompliance with this Code.

D. When a structure housing a legal nonconforming use is illegally modified or expanded, the legal nonconforming status of the use shall be lost.

5. Legal Nonconforming Uses: A legal nonconforming use of a conforming or legal nonconforming structure or parcel may continue, and may be sold, leased, or otherwise conveyed to a new owner, tenant, or user, without loss of legal nonconforming status, provided the continued use of the property complies with the following provisions:

A. The area of the parcel or building occupied by a legal nonconforming use may be expanded as provided in Table 11-05.1: Summary of Review and Decision-Making Procedures.

B. An expansion of less than 20 percent beyond the area of the building or parcel occupied by the legal nonconforming use on the Effective Date may be approved pursuant to Section 11-05-05.2.G, Legal Nonconformity - Confirmation, Change, or Minor Expansion.

C. An expansion of 20 percent or more beyond the area of the building or parcel occupied by the legal nonconforming use on the Effective Date may be approved pursuant to Section 11-05-05.3.G, Legal Nonconformity - Major Expansion.

D. Legal nonconforming uses may be converted to another legal nonconforming use pursuant to Section 11-05-05.2.G, Legal Nonconformity - Confirmation, Change, or Minor Expansion.

E. If a legal nonconforming use is expanded in violation of this Code, the legal nonconforming status shall be lost.

F. These regulations shall not be used to deprive the use of improvements on private property based solely on nonuse of the improvements for their designed purposes for a period of 10 years or less.

6. Legal Nonconforming Signs: Any non-temporary sign legally existing on the Effective Date that does not conform in use, location, height, or size to the requirements of this Code shall be considered a legal nonconforming sign. A legal nonconforming sign may remain in use subject to the following provisions:

A. Legal nonconforming signs may be maintained and repaired and copy changes and sign face changes that use similar materials are permitted.

B. Legal nonconforming signs shall not be structurally altered, moved, or replaced without being brought into conformance with the provisions of this Code.

C. If the sign is abandoned, the sign shall lose its legal nonconforming status and shall be removed or brought into compliance with this Code.

D. Any use or modification of the sign in violation of Subsections B or C above shall result in the sign losing its legal nonconforming status.

7. Legal Nonconforming Site Features: Nonconforming site features include any aspect of a property other than its use, structures, or signs, including but not limited to amounts, types, and locations of parking, landscaping, buffering, or lighting, that were legally created but that no longer comply with this Code. Legal nonconforming site features may continue in use subject to the following provisions:

A. The site features may remain in use until one of the primary structures on the site is redeveloped or replaced.

B. If one or more of the primary structures on the site is expanded by more than 50 percent, and the expansion disturbs any of the legal nonconforming site features, the Planning Director may require that the legal nonconforming site feature be brought into compliance with this Code to the maximum extent practicable.

8. Discontinuance of Use, Building, or Sign: Except as stated in Subsection B below, a nonconforming use, building, or sign that is discontinued for a period of one year shall be deemed to have been purposely discontinued, and the parcel and use, building, or sign shall thereafter be required to comply with all applicable provisions of this Code.

9. Destruction by Calamity:

A. Except as stated in Subsection B below, the legal nonconforming status of a structure, use, sign, or lot feature shall be lost when it is destroyed by fire or other calamity to the extent that the cost of restoration is 50 percent or more of the assessed value.

B. Upon application by the property owner, the PZC shall approve, approve with conditions, or deny a Conditional Use Permit pursuant to Section 11-05-05.3.A allowing the reconstruction or reestablishment of the structure, use, sign, or site feature. Any approval by the PZC may include conditions designed to bring the property closer to conformity to this Code or to mitigate any negative impacts on the surrounding neighborhood caused by the reconstruction or reestablishment of the nonconformity. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)

11-05-07: VIOLATIONS, ENFORCEMENT, AND PENALTIES:

1. Authority:

A. The Planning Director and their designees, including Code Compliance Officers, are designated enforcement officials with full authority to investigate, issue notices of violation, and secure remedies, including but not limited to injunctive relief, for any violation of this Code.

B. All departments, officials, and public employees of the City that are vested with the duty or authority to review and/or issue permits, certificates, approvals, or licenses shall conform to the provisions of this Code and shall issue no permit, certificate, approval, or license for any use, building, activity or purpose that would conflict with the provisions of this Code.

2. Violation:

A. General:

(1) Any violation of the provisions of this Code or any conditions of approval required under an issued permit, certificate, approval, or license or any work in excess of the authority granted by the issuance of a permit, certificate, approval, or license, shall constitute a misdemeanor pursuant to Section 1-4-1 of the Boise City Code. A separate offense occurs for each day or portion of a day during which a violation is committed, continued, or permitted.

(2) Violations of this Code include but are not limited to:

(a) Engaging in the division of land for sale or development in any way that does not comply with the standards, criteria, and procedures for approval of a Subdivision Plat, as applicable, under this Code;

(b) Transferring title to land by reference to a lot, tract, or parcel of land shown on a map or plat before the Record of Survey or Subdivision Plat creating those lots, tracts, or parcels has been approved by the City and recorded with the Ada County Recorder;

(c) Submitting for recording with Ada County Recorder any Record of Survey or Subdivision Plat that has not been approved under this Code;

(d) Obtaining a permit or approval under this Code through submittal of inaccurate or misleading information, or through making inaccurate or misleading statements at a public hearing, regarding the proposed development, the conditions of the land on which the proposed development is located, or conditions on adjacent parcels;

(e) Obstructing or removing any public notice required to be posted or otherwise given under this Code;

(f) Failing to operate and maintain property or to properly secure sites where construction has been abandoned, as required by Section 11-04-013, Operations and Maintenance;

(g) Creating or maintaining a public nuisance, as defined in this Code; and/or

(h) Failing to meet all requirements of the development approval.

B. Affordability Incentives: The following shall apply to all development earning one or more of the affordability incentives set forth in Section 11-04-03.7, Incentives:

(1) Projects that earn affordability incentives under Section 11-04-03.7, and are approved for construction or reuse by the City, but that are not constructed, operated, or managed to maintain the affordability levels required by Section 11-04-03.7, shall be in violation of this Code and shall be subject to all enforcement actions and penalties applicable to other violations of this Code.

(2) The owner of each rental dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that are rented above the required levels of affordability shall be in violation of this Code.

(3) The seller of an owner-occupied dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that are sold at prices above the required levels of affordability shall be in violation of this Code.

3. Inspection And Enforcement:

A. General:

(1) The Planning Director shall maintain a program to enforce all aspects of the Code for which the Building Official does not have enforcement authority pursuant to Subsection (2), to abate public nuisances as defined in this Code, and to provide assistance in the prosecution of violations.

(2) When the Planning Director determines that a violation of this Code has occurred, the Planning Director may select one or more of the powers listed in Section 11-05-07, individually or in combination, and in any order, that the Planning Director determines is best suited to bring the property into compliance with this Code within a reasonable period of time.

(3) The Building Official and their designees, including Code Compliance Officers, shall enforce the provisions of this Code pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location, or razing of a building or structure.

B. Inspections: Upon presentation of proper credentials, including a warrant, an authorized employee or agent of the City may enter at reasonable times any building, structure, or premises in the City to perform inspections of potential violations of this Code.

C. Withholding of Permits and Approvals:

(1) No Building Permit or final Certificate of Occupancy shall be issued for any building or structure that does not fully comply with the provisions of this Code. Nothing in this Code shall be waived or superseded by the wrongful or erroneous issuance of a Building Permit, business license, or Certificate of Occupancy.

(2) If the City has issued some permits or approvals for a development or subdivision, but additional permits or approvals are needed for completion of the project, and the City determines that there have been violations of this Code related to those permits or approvals already granted, the City may withhold later permits or approvals for the development until the violations have been corrected.

(3) As an alternative to withholding of permits or approvals, the City may issue later permits or approvals subject to conditions that the existing violations be cured within a stated period of time.

D. Abatement:

(1) Following a determination by the Planning Director that a public nuisance as defined in this Code is being maintained, notice shall be given to the owner or owner's representative either in person, by property posting, or by regular or certified mail to abate the nuisance or violation within a time specified in the notice.

(2) If the owner or owner's representative fails to comply with the requirements of the notice within the period specified, the Planning Director may take action including abatement or cleanup.

(3) The City may recover the cost of abatement as allowed under Idaho State Code 50-1008 as a lien upon the property or as a City tax for costs incurred in the abatement or cleanup.

(4) Proceeding under this Code will not preclude the City from proceeding under other sections of the Boise City Code or under any other applicable provisions of state or federal statutes.

4. Remedies And Penalties:

A. General Penalties:

(1) A permit, certificate, or approval issued in conflict with the provisions of this Code shall be null and void.

(2) Any violation or noncompliance with the provisions of this Code shall be subject to all remedies, penalties, and enforcement available under Title 1, Chapter 4, of the Boise City Code and Title 67, Chapter 65, of the Idaho Code, including but not limited to criminal misdemeanor and civil injunction action.

(3) Any person who violates any provision of this Code shall be punished by a fine of not more than $1,000.00.

(4) Any person who files an application who willfully makes any false statement in such application, or who, upon demand, willfully furnishes false information, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00.

B. Affordability Incentive Penalties: The following shall apply to all development earning one or more of the affordability incentives set forth in Section 11-04-03.7, Incentives.

(1) The owner of each rental dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that is not rented in compliance with the required levels of affordability shall be subject to an additional penalty equal to 125 percent of the difference between the maximum rent required by Section 11-04-03.7 and the rent actually charged to the renter, calculated cumulatively for each day of violation.

(2) The seller of an owner-occupied dwelling unit for which an affordability incentive has been approved pursuant to Section 11-04-03.7, that is not sold in compliance with the required levels of affordability shall in addition be subject to an additional penalty equal to 125 percent of the difference between the maximum sales price required by Section 11-04-03.7, and the sales price at which the unit was sold.

C. Revocation of Permits and Certificates: The Planning Director or a review body shall have the authority to revoke any permit, certificate, or approval that has been granted under this Code when it has been determined that the structure or use authorized by the permit, certificate, approval, or license has been constructed or is being maintained in violation of this Code or of the conditions and limitations of an issued permit, certificate, or approval. In order to revoke the permit, certificate, or approval, the Planning Director shall follow the following procedures:

(1) A notice of intent to revoke a permit, certificate, or approval shall be sent to the holder of the permit, or to one of their representatives, or, if this is not possible, the notice shall be posted in a conspicuous position at the entrance to the premises and by the certified mailing of another copy of the notice to the last known address of the permit, certificate, or approval holder.

(2) The permit, certificate, or approval shall be revoked within 15 days of the posting of the notice of intent to revoke unless the cause of the violation has been removed and evidence of the same has been present to the Planning Director within that period.

(3) Any action of permit, certificate, approval, or license revocation may be appealed pursuant to Section 11-05-04.7.A, Appeals.

5. Required Property Maintenance:

A. Purpose: This Section is intended to help prevent urban blight by establishing minimal property maintenance standards.

B. General: Damaged, dilapidated, or unfinished buildings shall be removed, restored, or finished to eliminate detrimental visual impacts. A property owner shall take steps to restore or finish the building per approved plans. No building or premise shall detrimentally impact the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment, or unfinished construction.

C. Restoration of a Damaged or Dilapidated Building or Completion of an Unfinished Building: Restoration of a damaged or dilapidated building or work toward completion of an unfinished building shall begin within six months of the building becoming damaged or dilapidated or being deemed unfinished. The City shall require that such buildings that are also unoccupied be secured (fenced or boarded up) during the six month period. This deadline may be extended by the Planning Director upon submission of documentation of insurance settlement delays or similar complications beyond the owner's control. Restoration of a damaged or dilapidated building or work on an unfinished building shall be completed within one year from commencement.

D. Due Process Hearing: If the City determines that either of the two events in Subsections (1) or (2) below have occurred, the City shall advertise and the Hearing Examiner shall conduct a public hearing pursuant to Section 11-05-04.7.A(1)(a)i as to why the building has not been restored or completed as required.

(1) It has not been maintained at a minimal property maintenance standard as required by applicable City, state, or federal regulations, or as necessary to protect public health and safety for six months, or as necessary to avoid the creation of a private or public nuisance; or

(2) Efforts to restore or finish the building have not been completed within one year after restoration or construction work has begun.

E. Notice: At least 15 days prior to the date of the public hearing, notice shall be sent via certified mail to the property owner and by first class mail to residents and property owners within 300 feet of the property, and a public notice of the hearing shall be advertised in the official newspaper of the City.

F. Required Findings:

(1) Removal or restoration of the building shall be ordered if the following findings are made:

(a) The building meets the definition of a damaged, dilapidated, or unfinished building;

(b) The building has existed in a damaged, dilapidated, or unfinished state for a period of at least six months or has not been maintained at the minimal property standards for a period of six months; and

(2) If removal or restoration is ordered, the City shall obtain bids to restore the building or clear the site of the offending building.

(3) The fact that a building is not a danger or attractive visual nuisance shall not be a defense for failing to restore or finish it.

G. Restoration and Demolition:

(1) Fund: The City shall establish a revolving fund to be designated for building restoration and demolition pursuant to this Code. Payments shall be made out of this fund upon the demand of the Planning Director to defray the costs and expenses associated with restoration or demolition.

(2) Recovery of Cost of Restoration or Demolition: The property owner shall be billed for the costs of restoration or demolition. If the property owner does not respond within 60 days, the City may recover costs of the abatement in a civil action or by filing an assessment with the Ada County Recorder on or before the first day of August of the year. Assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 10 percent per annum, or the current interest rate if higher, from and after the date. All money recovered from the sale of the property at a foreclosure sale shall be returned to the restoration and demolition fund. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)

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