Ordinance Text
2. Type 2 Administrative Decisions:
2. Type 2 Administrative Decisions:
A. Allowed Use with Allowed Zone-Specific Standards:
(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 Zone-Specific Standards and therefore has a design 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 Zone-Specific Standards 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 Permit - Minor Modification:
(1) Applicability: This procedure applies to all applications for approval to:
(a) Expand an approved conditional use by up to 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 modification 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; and/or
v. 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. Residential 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 Administrator, 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 11-02-07.3.F, FP-O Flood Protection Overlay.
G. 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 1 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 is in compliance with the technical requirements of Section 11-02-07.3.G, HS-O: Hillside Development Overlay including those related to grading, drainage, hazardous areas, revegetation, preservation of outstanding and unique features; and
(b) The proposed development, if it complies with all conditions imposed, will not adversely affect other property in the vicinity; and
(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, erosion, etc.
(e) The proposal complies with all requirements of the Zoning Ordinance for foothills gulches including the requirements of Section 11-02-07.G and the Floodway and Floodplain Ordinance.
H. 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 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 by up to 20 percent beyond the area of the building or parcel occupied by the legal nonconforming use 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; and
iii. The expansion will not be in conflict with the Comprehensive Plan.
I. 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 Modification 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.N(3), as applicable to the proposed modification.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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 Daycare Facility.
(b) A Zoning Certificate is also required prior to demolition of the following:
i. Any primary structure containing a primary Multiple-Family Dwelling 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 residential 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.
(d) Demolition of Public, Institutional, and Civic, Commercial, or Industrial structures (excluding uninhabited accessory structures).
(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.
Source: American Legal Publishing — codelibrary.amlegal.com — public domain
Official Source ↗
Root-LD Entity Data
◈ Machine-Readable Provenance Record
boisestandard.org · municipal corpus
Federation ID
bs-aml-boi-3dc622dd9863ae93
Doc ID
0-0-0-80842
Domain Signature
boisestandard.org
Jurisdiction
Boise, Idaho — United States
City
Boise
County
Ada County
Publisher
American Legal Publishing
Source Verified
✓ TRUE
Navigate — Boise City Code of Boise City
Nearby Sections
11-05-02: SUMMARY TABLE OF REVIEW AND DECISIO11-05-03: REVIEW AND DECISION-MAKING BODIES:11-05-04: COMMON PROCEDURES:11-05-05: SPECIFIC PROCEDURES:1. Type 1 Ministerial Decisions:2. Type 2 Administrative Decisions:3. Type 3 Decisions by an Appointed Body:4. Type 4 Major Decisions by City Council:11-05-06: NONCONFORMITIES:11-05-07: VIOLATIONS, ENFORCEMENT, AND PENALTCHAPTER 11-06 DEFINITIONS11-06-01: MEANINGS OF WORDS GENERALLY:11-06-02: RULES OF MEASUREMENT:11-06-03: DEFINITIONS:CHAPTER 11-07 ADOPTED SPECIFIC PLANS
Boise Municipal Code — public domain
← Boise Code Index