ORDINANCE NO. 1011

AN ORDINANCE AMENDING THE BOISE COMPREHENSIVE PLAN FUTURE LAND USE MAP, ADJUSTING THE BOUNDARY OF THE BOISE AREA OF IMPACT, AND UPDATING CHAPTER 3 OF ADA COUNTY CODE TITLE 9 TO BE IN COMPLIANCE WITH IDAHO CODE SECTION 67-6526.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, THAT ADA COUNTY CODE, TITLE 9, CHAPTER 3, SECTIONS 1, 2, 3, 4, AND 5 BE AMENDED AS FOLLOWS:

9-3-1: BOISE CITY AREA OF CITY IMPACT BOUNDARY:

A.   Boise City Area Of City Impact Boundary Map

1. The Boise City area of city impact is the area designated on the Boise City area of city impact boundary map, hereby fully incorporated by reference, copies of which are available for inspection at the Ada County development services department:

2. Amendments to the map are as follow:

a.   Ordinance 158, November 26, 1986.

b.   Ordinance 187, June 9, 1988.

c.   Ordinance 245, April 2, 1992.

d.   Ordinance 257, December 3, 1992.

e.   Ordinance 282, December 1, 1994.

f.   Ordinance 284, December 22, 1994.

g.   Ordinance 285, January 26, 1995.

h.   Ordinance 327, April 9, 1997.

i.   Ordinance 354, March 11, 1998.

j.   Ordinance 366, October 7, 1998.

k.   Ordinance 425, May 23, 2001.

l.   Ordinance 473, November 20, 2002.

m.   Ordinance 508, September 24, 2003.

n.   Ordinance 539, April 28, 2004.

o.   Ordinance 579, April 13, 2005.

p.   Ordinance 602, December 28, 2005.

q.   Ordinance 838, January 14, 2015.

r.   Ordinance 845, August 12, 2015.

s.   Ordinance 924, July 14, 2021.

t.   Ordinance 933, December 8, 2021.

u.   Ordinance 975, July 10, 2024.

B. Annexation: Upon annexation of any portion of the area of city impact into the city of Boise City, the provisions of this chapter shall no longer apply to such annexed areas.

C. Division By Boundary: In case a property under single ownership is divided by the boundary line of the Boise area of city impact and any other area of city impact boundary and the line divides such property so that one or both of the parts has a depth of three hundred feed (300’) or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located. An area of impact shall not divide county recognized parcels of land. If only a portion of a recognized parcel falls within the two (2) mile limit, then the boundary may extend beyond two (2) miles on that parcel so that it encompasses the entire parcel.

\Exception: In the case where a property under a single ownership is divided by the boundary line of the Boise area of city impact only, the smaller portion at such property may, without the three hundred foot (300’) limitation stated above, be included in the jurisdiction within which the larger portion of the property is located.

D. Where areas of impact abut each other and adjustments are being proposed or where areas of impact are proposed to abut each other, the cities involved shall negotiate boundary adjustments to be recommended to the respective city councils. The city council of each city may approve the area of impact or modification thereto to be proposed to the board of county commissioners as recommendations. Whether or not the cities agree on the boundary, the proposals/joint proposal shall be submitted to the Ada County Board of Commissioners who will conduct at least one (1) consolidated public hearing where it considers all such proposals together.

Boise City shall limit its annexation to those lands within its area of city impact. If Boise City wishes to annex lands outside of its area of city impact, it shall renegotiate its area of city impact boundary with Ada County in accord with Idaho Code section 67-6526(d).

A. The Boise City comprehensive plan, adopted by Ada County resolution no. 2031, with the future land use map as adopted by Ada County resolution no. 2993__________, and including the Boise City comprehensive park and recreation system plan, as amended on October 5, 2004, by Boise City resolution 18344 and as further amended on November 15, 2005, by Boise City resolution 18866 shall apply within the unincorporated part of the Boise City area of city impact.

B. Title 8 of this code shall be used to implement this chapter. All land use applications shall also comply with the provisions of this chapter.

C. Title 4, chapter 12 of the Boise City code, known also as the Boise City impact fee ordinance 5685, dated November 28, 1995, an as amended by ordinance 6114 on December 11, 2001, and as amended by ordinance 6462 on April 11, 2006, shall be applicable within the Boise City area of city impact.

D. Ada County Code Title 10 along with Appendix E of the Ada County Comprehensive Plan initially adopted by Ada County Resolution No. 2487, or as they may be amended from time to time, shall apply to all unincorporated properties located within the Boise City area of city impact boundary to enable the collection of impact fees to support the cost-effective delivery of public services.

E. The Boise City uniform street and address number ordinance, title 9, chapter 6 of the Boise City code, as may be amended from time to time, shall apply to all property within the Boise City area of city impact. Street names and addresses shall be assigned by Boise City. Existing street names and addresses in the Boise City area of city impact, not in compliance with the Boise City uniform street and address number ordinance at the time this section goes into effect, shall not be changed until address changes are necessary for address continuity.

A. Comprehensive Plan Amendments: All county and city amendments to its their respective comprehensive plans which applyies within the city of Boise City area of city impact shall be sent by to the entity considering such amendment to the other entity county at least thirty (30) days prior to the public hearing.

B. Land Use Applications: All subdivision, rezone, and conditional use permit applications All land use applications within the city of Boise City area of city impact shall be sent to the city for comment at least thirty (30) days prior to a public hearing.

D. Development Of Parks: Development of parks by Boise City within the Boise City area of impact shall be subject to the provisions of the agreement for the collection of Boise City Park impact fees for development in the Boise City area of impact agreement 2431, dated March 28, 1995, which is hereby adopted by Ada County and made a part hereof by this reference.

E. Referral Areas: All land use applications within the referral area identified on the Boise City area of city impact map shall be submitted to Boise City at least thirty (30) days prior to any administrative decision or scheduled public hearing, as appropriate. The Ada County department of development services will notify the Boise city clerk in writing of the county planning and zoning commission or board of Ada County commissioners' action on land use applications located within the city of Boise area of impact within fifteen (15) days following a final action by the appropriate county agency on such matter.

9-3-5: RENEGOTIATION:

A. In accordance with Idaho Code section 67-6526(d), the Boise City council or the board of Ada County commissioners may request, in writing, to renegotiate any provision of this chapter at any time. Within thirty (30) days of receipt of such written requests by each party, a meeting between the two (2) jurisdictions shall occur.

B. While renegotiation is occurring, the provisions of this chapter shall remain in effect until this chapter is amended or a substitute ordinance is adopted by Boise City and Ada County, in accordance with the notice and hearing procedures provided in Ada County and Idaho codes, or until a declaratory judgment from the district court is final. Provided, however, that this chapter or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution.

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ADOPTED this 30th day of December 2025.

Board of Ada County Commissioners

               By:   /s/ Rod Beck         _______________

                  Rod Beck, Commissioner

               By:   /s/ Ryan Davidson   _____________________

                  Ryan Davidson, Commissioner

               By:   /s/ Thomas Dayley      _______________

               Thomas Dayley, Commissioner

ATTEST:

/s/ Trent Tripple      _____________

Trent Tripple, Ada County Clerk

Published: 1/7/2026