Ordinance Text
3. Type 3 Decisions by an Appointed Body:
3. Type 3 Decisions by an Appointed Body:
A. Allowed Use with Alternative 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 comply with all Use-Specific Standards for the use, except that they do not meet one or more of Zone-Specific Standards applicable to the Allowed Use in the zoning district that they are located in and therefore are proposing an Alternative Zone- Specific Standard for approval.
(2) Procedure:
(b) The review of the PZC shall be limited to consideration of the proposed Alternative Zone-Specific Standards of the proposed development and shall not consider or attach conditions to the use, operation, or activities within the proposed development.
(3) Findings for Approval: The PZC shall approve the Alternative Zone-Specific Standard for the Allowed Use, or approve it with conditions, if it determines that the following criteria have been met:
(a) The Alternative Zone-Specific Standard will promote the urban design goals of the Comprehensive Plan and other approved plans, and the purpose of the zoning district applicable to the property as well or better than compliance with all Zone-Specific Standards applicable to the Allowed Use;
(b) The Alternative Zone-Specific Standard is needed because the use and design of adjacent developed properties makes it impracticable to comply with one or more of the Zone-Specific Standards; and
(c) If the Alternative Zone-Specific Standard includes a reduction in the required minimum height of the building:
i. The reduced height of the building will still provide an adequate sense of street enclosure and an adequate level of residential or nonresidential activity from the building to promote the goals of the Comprehensive Plan and other applicable plans for the property; or
ii. The reduced height of the building, and any resulting reduction in the size of the building will not result in the underdevelopment of the site or the inefficient use of City facilities and infrastructure.
B. Certificate of Appropriateness - Major:
(1) Applicability:
(a) General: Within any HD-O district, the following provisions shall apply, unless an exception to these provisions is shown in Subsection (b) below.
i. No building, site, structure, or exterior feature of any building, site, structure or object (including, but not limited to, walls, pavement or other appurtenant features), above ground utility structure, trees removed or substantially modified, or any type of sign shall be erected, altered, restored, moved or demolished within such district until after an application for a Minor or Major Certificate of Appropriateness has been approved by the Planning Director or the HPC.
ii. A Major Certificate of Appropriateness shall be required whether or not a Building Permit is required, and before any other application under this Code may be approved for the property in question.
(b) Exceptions:
i. No Certificate of Appropriateness is required for the following items:
A. Interior arrangement of any building or structure; and
B. Installation of temporary structures and features that do not remain in existence for more than 45 days in any consecutive 12 month period;
C. A site or building improvement that does not require a Certificate in the Certificate of Appropriateness Matrix as adopted by resolution by the HPC and on file in the Planning and Development Services Department.
ii. An application for a Major Certificate of Appropriateness may include a request for a Variance pursuant to Section 11-05-05.3.L(1), Applicability.
(2) Procedure:
(b) If an alteration, demolition, or relocation that requires a Certificate of Appropriateness occurs prior to the issuance of a Certificate of Appropriateness for that action, the Planning Director shall, within 180 days, prepare a premature alterations report. The report shall identify any violations of Section 11-05-05.3.A and recommends rehabilitative measures, if any. The Planning Director shall provide the premature alterations report to the applicant and the relevant Registered Neighborhood Association and applicant. Upon issuance of the report, the Planning Director shall negotiate with the applicant, relevant Registered Neighborhood Association, and other affected parties in an effort to find a means of restoring the property to its original condition. Thereafter, but in no event to exceed 180 days from the issuance of the premature alterations report, the Planning Director shall provide to the Historic Preservation Commission a final report incorporating findings, recommendations, comments, and any other information. Pursuant to its grant of power under Idaho Code Section 67-4604 and Section 11-05-03.5.A, Duties, Jurisdiction, and Authority, the Commission may adopt, adopt with modifications, or deny the findings and recommendations of the final premature alterations report.
i. The premature alterations procedure, including the preparation of the report and negotiations, may be waived at the discretion of the Planning Director at any time.
ii. During a review of a premature alteration, all work at the subject property, including further alterations, demolitions, relocations, construction, or modifications of any kind, shall cease until the final premature alterations report is adopted, or adopted with modifications. If denied by the Commission work on the property shall remain stopped until resolved either by further action of the Commission or appeal to the City Council.
(c) The HPC shall schedule a public hearing and 15 calendar days prior to the hearing, notice shall be mailed to the applicant, adjacent property owners and residents (including tenants), and to the Registered Neighborhood Association.
(d) If the HPC determines that the findings for approval in Subsection (3) have not been met, it shall place upon its records the reason for such determination and shall notify the applicant in writing of its reasons and recommendations, if any, as to what actions could be taken in order to obtain a certificate.
(e) The decision is deemed to have been made on the date that the HPC adopts written findings of fact and conclusions of law.
(3) Findings for Approval: The HPC shall approve the application, or approve it with conditions, if the following criteria have been met:
(a) General Findings:
i. Plans and Guidelines: The design of the project is consistent with the following plans and guidelines as applicable to the property:
A. 1993 Downtown Boise Plan;
B. Urban Renewal Plans;
C. Design Guidelines for Residential Historic Districts;
D. Boise City Historic Preservation Plan (dated July 1979);
E. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (The Secretary of the Interior's Standards);
F. A Field Guide to American Houses by Virginia and Lee McAlester;
G. American Vernacular Design 1870-1940 An Illustrated Glossary by Herbert Gottfried and Jan Jennings; and
H. Design Guidelines for Commercial Historic Districts with the Secretary of the Interior's Standards for Historic Preservation August 2009.
ii. Site Design: The application shall be reviewed by the HPC, with input from other agencies, to evaluate the site design, and to determine compatibility and impact both on and adjacent to the site as it relates to access, parking lot design, landscaping, grading and storm drainage, and other development of the site. The HPC's decision with regards to site design shall be based upon the following findings as they relate to historic preservation:
A. Traffic Impact, Pedestrian and Bicyclist Provisions: That the site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services.
B. Landscaping: That the proposed landscaping enhances the Historic District and neighborhood with attributes that include but are not limited to protection of desirable existing trees, provision of street trees, and adequate screening methods where needed to buffer adjacent uses and unsightly areas or features.
C. On-Site Grading and Drainage: That on-site grading and drainage have been designed so as to minimize off-site impact and provide for erosion control as required by the Public Works Department, Ada County Highway District and/or other jurisdictional agencies.
D. Utility Service Systems: That utility service systems and equipment do not detract from the building design or adjacent buildings, and the size and location of all service systems are appropriate and maintainable.
iii. Structure Design: The design of all proposed buildings shall be reviewed in accordance with the Design Guidelines for Commercial Historic Districts Design Guidelines for Residential Historic Districts, on file in the Planning and Development Services Department and available on the City's website, as well as the following findings:
A. Building Mass: That the mass of the building is reviewed for its relationship and consistency to other buildings within the Historic District and area, and with the use proposed by the applicant.
B. Proportion of Building Façades: That the height to width relationship shall be compatible and consistent with the predominant architectural character of the Historic District.
C. Shadow Relief/Design Interest: That the exterior of the building provides shadow relief and design interest compatible with the architectural character of the area.
D. Relationship of Exterior Materials: That the appropriateness of materials and colors (paint colors are only reviewed in commercial Historic Districts) shall be reviewed as they relate to building mass, shadow relief and compatibility with other buildings within the Historic District and area.
E. Multiple-Family Buildings: That any Multiple-Family building is designed to include features that add to the visual and aesthetic appearance of the structure and help prevent a sterile, box-like appearance. Such features may include the use of brick or stone, roof or façade modulation, planter boxes, bay windows, balconies, or porches. Specific design features have been added to enhance the physical appearance of such Multiple-Family residential structures.
F. Commercial/Industrial Buildings Adjacent to Residential Uses: That the building is designed to minimize impacts on adjacent residential uses and/or Residential zoning districts.
(b) Findings for Alterations: In addition to the general findings in Subsection (a) above, an application for the alteration of an existing building shall only be approved or approved with conditions if the HPC finds that the application:
i. Is consistent with the Design Guidelines for Commercial Historic Districts or Residential Historic Districts and that based on the Guidelines, the request will not be incongruous with the historical, architectural, archeological, educational, or cultural aspects of the district;
ii. Is consistent with the Secretary of the Interior's Standards for Rehabilitation, or other standards as applicable (preservation, restoration, or reconstruction);
iii. Complies with the dimensional standards and other applicable requirements of this Code including, but not limited to, setbacks, height restrictions and parking requirements unless the HPC finds that modifying those standards is necessary to protect the overall characteristics of the district and to comply with the adopted Design Guidelines; and
iv. Will not be in conflict with the Comprehensive Plan
(c) Findings for Signs: In addition to the general findings in Subsection (a) above, an application for a sign shall only be approved if the HPC finds that the sign will be congruous with the building in design, materials, size, and location.
(d) Findings for Demolitions or Relocations:
i. If the application involves the demolition or relocation of a structure, in addition to the general findings in Subsection (a) above, the HPC shall find that at least three out of the five following criteria have been met:
A. The building, site, structure, or object is not classified as contributing within the district as stated on the survey form on file in the Planning and Development Services Department;
B. The building, site, structure, or object cannot reasonably meet national, state, or local criteria for designation as an historic property;
C. Demolition of the building, site, structure, or object would not have an adverse impact on the character of the district and/or the adjacent properties;
D. The owner has reasonably demonstrated that rehabilitation of the building, site, structure, or object would not be economically practical, realistic, or viable based on review of the information required in the application provided by the applicant at the time the request for a Certificate of Appropriateness is submitted; and
E. Plans have been submitted to redevelop the property if the demolition proceeds and such plans will have a positive effect on the district and/or adjacent properties. The size, scale, use, materials, and/or overall design of the project may be considered as qualities for producing a positive effect.
ii. If the HPC has approved a partial demolition and approved the replacement structure and the plans for the replacement structure remain the same, and the Building Official later determines in writing that a full demolition is necessary for life safety and there are no other cost-effective alternatives, the Planning Director may approve the full demolition.
(e) Findings for Change in Use: If the application requests a change of use, in addition to the general findings in Subsection (a) above, the HPC shall find that the following criteria have been met:
i. That the request will not be in conflict with the Comprehensive Plan and supports the goals, objectives, and policies of the applicable neighborhood plans; and
ii. That the request will be congruous with the historical, architectural, archeological, educational, or cultural significance of the district.
(f) Findings if a Request for Variance is Included: An application for a Certificate of Appropriateness may be combined with an application for a Variance pursuant to Section 11-05-05.3.L, and both applications may be reviewed and a decision made by the HPC after a single public hearing, provided that the decision on the Variance application shall be based on the findings for approval in Section 11-05-05.3.L(3).
C. Conditional Use Permit - Initial Approval or Major Modification:
(1) Applicability:
(a) A Conditional Use Permit is required for any use that is classified as a Conditional Use in Table 11-03.1: Table of Allowed Uses and for a Major Modification of an approved conditional use permit. A Major Modification of an approved conditional use permit includes but is not limited to:
i. An increase in density;
ii. A density decrease exceeding 25 percent of the total units that has been approved through a Conditional Use Permit;
iii. Any change that will impact the neighborhood, such as a significant change in traffic generation or flow;
iv. A change that was the subject of an appeal during the public hearing;
v. A change that would affect some other condition such as a condition regarding pathways, streets, schools, floodplain, or foothills;
vi. A request for a greater than 20 percent increase in building square footage;
vii. A request to change the nature of the approved use;
viii. A request to change or delete a condition of approval; and
ix. A request that would increase or cause impacts to a foothill or river area, or an increase in soil erosion.
(b) No conditional use shall be conducted except in compliance with all applicable provisions of this Code and with any conditions upon such Conditional Use Permit approval.
(2) Procedure:
(b) An application for a Conditional Use Permit may be combined with an application for a Variance pursuant to Section 11-05-05.3.L, and both applications may be reviewed and a decision made by the PZC after a single public hearing, provided that the decision on the Variance application shall be based on the findings for approval in Section 11-05-05.3.L(3).
(c) The PZC may extend the review and processing period for Conditional Use Permit applications. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other City departments, and coordination with the applicant.
(d) In addition to those types of conditions listed in Section 11-05-04.6.A(4), Conditions, the PZC may attach additional conditions to the approval of a Conditional Use Permit, including but not limited to the following types of conditions:
i. Requiring more restrictive standards than those generally required in an ordinance;
ii. Conformity to approved plans and specifications;
iii. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting;
iv. Maximum volume of traffic generated, requirements for off-street parking, service drive design, construction standards, vehicular and pedestrian movements within the site, and points of ingress and egress;
v. Performance characteristics related to noise, vibration, and other potentially dangerous or objectionable elements;
vi. Limits on hours of operation;
vii. The period of time for which a permit is issued;
viii. The sequence and timing of the development;
ix. Guarantees as to compliance with the terms of the permit;
x. Number, location, color, size, height, lighting, use of outdoor areas, and landscaping of outdoor signs and structures;
xi. Requiring the provision for on-site or off-site public facilities or services, including the installation of street lights in accordance with the requirements of the Public Works Department;
xii. Requiring irrigation or drainage facilities to be covered or fenced for public safety.
(e) Conditions applied by the PZC shall not restrict or specify the exterior detail or design, color, or materials, except if such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings.
(f) An appeal to City Council of a PZC decision on a Conditional Use Permit shall be a de novo review. City Council may develop a new record on appeal and shall apply the criteria in Section 11-05-05.3.C.(3) without deference to the PZC’s findings. On review, City Council has the same authority as given PZC in this section 11-05-05.3.C.
(3) Findings for Approval:
(a) General: Unless Subsection (b) below applies, the PZC shall approve the application or approve it with conditions if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
i. The proposed location is uniquely suited to accommodate the proposed use or is a location for the proposed use supported by the Comprehensive plan or other adopted plan of the City;
ii. The proposed use will not create any material negative impacts to uses in the surrounding area, or any material negative impacts will be mitigated to the maximum extent practicable, and the public benefits of the proposed use outweigh any material negative impacts of the proposed use that cannot be mitigated;
iii. The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls, fences, parking, loading, landscaping, and other such features as are required by this Code;
iv. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services;
v. The proposed use is not in conflict with the Comprehensive Plan; and
vi. If the application is combined with an application for a Variance, the findings for approval of the requested Variance in Section 11-05-05.3.L have been met.
(b) Reduction in Required Parking Greater than 50 Percent: If the application is to reduce the minimum required vehicle parking by more than 50 percent below that required by Table 11-04.9: Off-Street Parking Requirements, the PZC shall approve the application or approve it with conditions if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council, and the following criteria:
i. The parking reductions offered in Section 11-04-08.7, Parking Adjustments, have been incorporated into the site design to the maximum extent practicable;
ii. The proposed reduction is uniquely suited to accommodate the proposed use or is a location for the proposed use supported by the Comprehensive plan or other adopted plan of the City;
iii. The proposed reduction will not create any material negative impacts to uses in the surrounding area, or any material negative impacts will be mitigated to the maximum extent practicable and the public benefits of the proposed use outweigh any material negative impacts of the proposed use that cannot be mitigated;
iv. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation and does not adversely impact the delivery of services by any political subdivision providing services; and
v. The proposed reduction is not in conflict with the Comprehensive Plan.
D. Design Review - Major:
(1) Applicability:
(a) Compliance Required: A Major Design Review application is required for each of the following, unless listed as an action that can be approved as a Minor Design Review application under Section 11-05-05.2.E or exempted by Subsection (b) below:
i. Any visible exterior improvement or alteration to a site, building, or structure, including demolitions;
ii. Any development in the CD-O district that meets the criteria set forth in Section 11-02-07.2.D(4), Design Review Permit; and
iii. Any development in the HD-O district that is also subject to the Citywide or Downtown Design Standards and Guidelines, on file in the Planning and Development Services Department and available on the City's website. If the Citywide or Downtown Design Standards and Guidelines conflict with the Historic Preservation Guidelines, the Historic Preservation Guidelines shall prevail.
(b) Exceptions:
ii. Installation or modification of the following:
A. Building additions or accessory buildings less than 200 square feet;
B. Replacement of approved roof and fascia;
C. Minor parking lot revisions;
D. Minor repairs that do not result in discernable changes; and
E. Repainting of approved parking stalls.
iii. Applications that are not required to complete Minor Design Review or Major Design Review are still required to comply with applicable design standards in Section 11-04-06, Building Design.
(2) Procedure:
(b) The Planning Director shall determine whether the application is categorized as requiring Minor or Major Design Review.
(c) Applications that are for new buildings or building additions greater than 200 square feet shall be prepared by, or under the direct supervision of, a duly licensed architect who shall be clearly identified on such designs, unless exempted under Idaho Code, Section 54-306.
(d) If a Design Review application requires associated approvals by the PZC or City Council, such as a Conditional Use Permit or Planned Unit Development, those approvals shall be obtained before an application for Design Review approval may be processed.
(e) The Planning Director may extend the review/processing period for Major Design Review applications. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other City departments, and coordination with the applicant.
(f) Except for development on Residential Small Lots, the DRC shall not require reductions in height, density, floor area ratio, or other regulations included in Table 11-04.2: Residential District Dimensional Standards and Table 11-04.3: Mixed-Use, Industrial, and Open Land District Dimensional Standards, unless required for reasons public safety, reasonable accommodation, or health.
(3) Findings for Approval: The DRC shall approve the application, or approve it with conditions, if it complies with the following criteria.
(a) Site Design:
i. The site provides a safe, convenient, and efficient network that minimizes conflicts between pedestrians, bicyclists, and vehicular traffic by creating a network that includes sidewalks, pathways, landscaping that promotes and supports active transportation.
ii. The landscaping promotes well-conceived and attractive landscaping that will retain and protect existing vegetation where possible, enhance environmental conditions of the Treasure Valley, reduce potential impacts between adjacent and neighboring uses, and screen and conceal utilities, mechanical units, and services areas.
iii. The on-site grading and drainage are designed to minimize off- site impact and provide erosion control.
iv. Signs minimize visual clutter.
v. Utility systems do not detract from building design and their size and location are appropriate and maintainable.
(b) Structure Design:
i. The building mass is appropriately designed to address the street and create a pedestrian-friendly environment.
ii. The design employs façade articulation techniques that add visual interest to the pedestrian realm and reduce the perceived scale of large buildings.
iii. Openings in the building façade provide visual interest to the pedestrian and mitigate impacts of monotonous flat walls planes, blank wall areas and provide shadow relief.
iv. Exterior materials are high-quality materials that minimize maintenance cost and provide visual interest to the street. Locally sourced and sustainable materials are strongly encouraged.
v. The building design shall minimize impacts on adjacent Residential zoning districts and residential uses.
(c) Adopted Plans and Design Guidelines: The application complies with all adopted plans and design guidelines, including the Citywide and Downtown Design Standards and Guidelines, unless modified by conditions attached by the DRC to satisfy the required findings in Subsections (a) and (b) above.
E. Floodplain Variance:
(1) Applicability:
(a) A Floodplain Variance is required for all requests to vary the requirements of Section 11-02-07.3.F, FP-O Flood Protection Overlay.
(b) Floodplain Variances may generally be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation.
(2) Procedure:
(b) In reaching a decision, the Hearing Examiner shall review:
i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community; the necessity to the facility of a waterfront location where applicable;
v. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
vi. The compatibility of the proposed use with existing and anticipated development;
vii. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
viii. The safety of access to the property in times of flood for ordinary and emergency vehicles;
ix. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and
x. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities including but not limited to sewer, gas, electrical, water systems, and streets and bridges.
(c) Any applicant to whom a Floodplain Variance is issued shall be given written notice that the cost of flood insurance may be commensurate with any increased flood risk.
(d) The Floodplain Administrator shall maintain a record of all Floodplain Variance actions, including justification for their approval.
(3) Findings for Approval:
(a) General: The Hearing Examiner shall approve a Floodplain Variance request, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and the following criteria:
i. Floodplain Variances shall not be issued within any designated floodway if any increase in flood levels during the Base Flood discharge would result.
ii. A Floodplain Variance shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
iii. A Floodplain Variance shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, degradation of or victimization of the public, or conflict with existing local laws or ordinances.
iv. The Floodplain Variance is consistent with the National Flood Insurance Program adoption of the general zoning law principles that:
A. They pertain to a physical piece of property;
B. They are not personal in nature;
C. They do not pertain to the uniqueness of the structure, its inhabitants, economic or financial circumstances;
D. They primarily address smaller lots in densely populated residential neighborhoods; and
E. They should be approved quite rarely.
v. Floodplain Variances for nonresidential buildings may be approved in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and otherwise complies with the standards in Sections 11-02-07.3.F(3)(b)i, Uses and 11-02-07.3.F(3)(b)ii, Utilities.
F. Hillside Development Permit - Category 3:
(1) Applicability:
(a) A Hillside Development Permit is required for any development proposal for properties when any topographical slope exceeds 15 percent or where adverse conditions associated with slope stability, expansion soils, high water table and springs, erosion or sedimentation are present as determined by the Planning Director or City Engineer.
(b) A Category 3 Hillside Development Permit is required for those projects defined in Section 11-02-07.3.G(3)(c).
(2) Procedure:
(b) A meeting with the Public Works Department shall be held after acceptance of the application.
(c) An application for a Category 3 Hillside Development Permit may be combined with an application for a Subdivision Plat or Planned Unit Development and both applications may be reviewed, and a recommendation made by the PZC to the City Council.
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The proposed development complies with the technical requirements of Sections 11-02-07.3.G, HS-O: Hillside Development Overlay and 11-04-05.6, Foothills Development Standards if applicable including those related to grading, drainage, hazardous areas, revegetation, preservation of outstanding and unique features;
(b) If located in the FP-O district, the proposed development complies with all requirements of Section 11-02-07.3.F, FP-O Flood Protection Overlay.
(c) The land itself is capable of the volume and type of development proposed as determined by geological, hydrological and soils engineering analysis; and
(d) The project does not create a potential hazard of flooding, soil instability, fire, and erosion.
G. Legal Nonconformity - Major Expansion:
(1) Applicability: This procedure applies to all applications to expand a legal nonconforming use by 20 percent or more of the areas occupied at the time the use became legally nonconforming.
(2) Procedure:
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The expansion will not unduly burden transportation or service facilities in the vicinity and does not adversely impact the delivery of services by any political subdivision providing services;
(b) Will not result in material negative impacts to surrounding properties; or that any deviation from those criteria has been mitigated to the maximum extent practicable and the public benefits of the proposed expansion outweigh any material negative impacts of the proposed expansion that cannot be mitigated;
(c) Any expansion of a legal nonconforming use will not increase the degree of nonconformity of that part of the use that does not meet the provisions of this Code; and
(d) The expansion will not be in conflict with the Comprehensive Plan.
H. Planned Unit Development Modification - Major:
(1) Applicability:
(a) This Section applies to applications for modifications to Planned Unit Developments approved after the Effective Date that the Planning Director determines are not eligible for approval as a Planned Unit Development Minor Modification pursuant to Section 11-05-05.2.I.
(b) For Planned Unit Developments approved prior to the Effective Date, modifications shall be reviewed through the Conditional Use Major Expansion process pursuant to Section 11-05-05.3.C.
(2) Procedure:
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the required findings for approval for a Zoning Map Amendment pursuant to Section 11-05-05.4.I(2)(a)ii as applicable to a Planned Unit Development.
I. Reclassification of Historic Resource
(1) Applicability: This procedure applies to any application to change the classification of any building, site, structure, or object located within a designated Historic District from a non-contributing to a contributing property, or from a contributing to a non-contributing property, which action may occur on or after the 50th anniversary of its original construction.
(2) Procedure:
(b) The application shall be filed pursuant to a motion of the Historic Preservation Commission or at the request of the Planning Director, property owner, or an applicant with the written consent of the property owner,
(c) The HPC may reclassify a building, site, structure, or object within a designated HD-O district from non-contributing to contributing or from contributing to non-contributing.
(3) Findings for Approval: The HPC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) A building, site, structure, or object may be reclassified from non-contributing to contributing or from contributing to non-contributing if the HPC determines that an error was made on the original survey.
(b) A building, site, structure, or object may be reclassified from contributing to non-contributing or from non-contributing to contributing if alterations, additions, or restorations have been made so that the classification prior to the change no longer reflects the proper classification after the change.
(c) If the HPC determines that a reclassification is justified pursuant to Subsections (a) or (b) above, the HPC shall also make the following findings in writing.
i. Whether or not the building, site, structure, or object is eligible for the National Register of Historic Places.
ii. Whether or not the building, site, structure, or object contributes to the HD-O district in which it is located.
J. Residential Small Lot Approval - Major:
(1) Applicability: This procedure applies to all applications subject to the Residential Small Lot standards in Section 11-04-03.4 that contain five or more dwelling units on five or more contiguous Residential Small Lots.
(2) Procedure:
(3) Findings for Approval: The DRC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council, including but not limited to the applicable standards set forth in Section 11-04-03.4, Residential Small Lots.
K. River System Permit - Major:
(1) Applicability: A Major River System Permit is required for all lands and waters and all aquatic, wetland, riparian, and upland environments within the jurisdiction of Boise City that lie:
(a) Within the 100 year Floodplain boundaries adjacent to the Boise River;
(b) Within the Setback Lands and Waters as described in Section 11-02-07.3.E(6), Setbacks; or
(2) Procedure:
(b) In addition to that Interdepartmental Review that may be required by the Planning Director pursuant to Section 11-05-04.3.C prior to submittal of an application, the Planning Director may require an Interdepartmental Review of the application after the completeness of an application has been confirmed pursuant to Section 11-05-04.4.
(c) Review by the Parks Board is required when the property to which the application relates is adjacent to or includes the Greenbelt setback lands and waters.
(d) The application shall be reviewed concurrently with all other applications required for approval of the specific development proposed for the property.
(3) Findings for Approval: The PZC shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(b), Decision by Appointed Body or City Council and the following criteria:
(a) The proposed development is in compliance with the applicable standards for uses in Class A, B, or C lands and waters.
(c) The proposed development includes measures designed to ensure that natural resources functions and values are preserved or enhanced and maintained.
(d) The proposed development complies with or shall comply with all local, state, and federal laws and regulations.
L. Variance:
(1) Applicability:
(a) This procedure applies to all applications by a property owner to deviate from the standards of this Code applicable to a proposed action or development, and that is not eligible for review and decision pursuant to Section 11-05-05.3.E, Floodplain Variance.
(b) An application for a Variance shall not include a request to permit a use that is not shown as an allowed, conditional, temporary, or accessory use for that zoning district in Section 11-03-02, Table of Allowed Uses and shall not be used to modify Use-Specific Standards applicable to an allowed, conditional, temporary, or accessory use in Section 11-03-03, Use-Specific Standards.
(2) Procedure:
(b) A Neighborhood Meeting shall be held in accordance with Section 11-05-04.3.B, Neighborhood Meeting, except that only the property owners and residents (including tenants) adjacent to the project and the Registered Neighborhood Association need to be notified.
(c) A public hearing before the Hearing Examiner is required pursuant to Section 11-05-04.5, Scheduling and Notice of Public Hearing, except that mailed notice for a Variance is required only to the applicant and to each property owner or tenant addresses known to the City within the subject property and adjacent to the subject property (including those properties across a street, alley, canal, or other public right-of-way).
(d) If the application is combined with an application for a Conditional Use Permit, the Hearing Examiner shall defer a decision on the application to the PZC, which shall decide the request for Variance pursuant to the findings for approval in Subsection (3) below.
(e) As a part of a Variance approval, the Hearing Examiner may require a modification of the Code standards for lot size, lot coverage, width, depth, setbacks, parking spaces, height of buildings, or other Code provisions affecting the size or shape of a structure or the placement of the structure upon parcels in order to mitigate the impacts of the approved Variance.
(3) Findings for Approval: The Hearing Examiner shall approve the application, or approve it with conditions, if it complies with the criteria in Section 11-05-04.6.A(3)(a), Decision by Planning Director, City Official, or Hearing Examiner and the following criteria:
(a) A Variance may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site;
(b) Granting of the Variance will not conflict with the public interest;
(c) Granting the Variance will not provide a right or special privilege to the property that is not available to other properties within the same zoning district; and
(d) Granting of the Variance will not create material negative impacts to the public health, safety, or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of the property, or any negative impacts have been mitigated to the maximum extent practicable.
(e) If the requested Variance is to the standards in Section 11-04-04, Subdivision Standards:
i. The tract to be subdivided is of unusual size or shape or has unusual conditions such that the strict application of these regulations would result in substantial hardship or inequity;
ii. The requested Variance is necessary so that the property may be developed in a reasonable manner; and
iii. The quality of the development is not diminished.
(f) If the requested Variance is to the standards in Section 11-04-012, Signs:
i. It shall not have the effect of permitting any type of sign that is prohibited in that zoning district; and
ii. The existence of legal nonconforming signs in the vicinity surrounding the property site shall not be cited as a hardship or used as justification for a special circumstance supporting the application.
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Nearby Sections
11-05-03: 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 PLANS11-07-01: HARRIS RANCH:
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