Ordinance Text
4. Type 4 Major Decisions by City Council:
4. Type 4 Major Decisions by City Council:
A. Annexation of Land and Related Zoning Map Amendment:
(1) Applicability:
(a) An Annexation is required to expand the corporate boundary of the City.
(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.
(c) The Planning Director shall determine into which of the three following categories an application request falls:
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:
(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.
(c) The Planning Director shall prepare a report to be included with the staff report and findings indicating:
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.
(c) A request to modify a Development Agreement may be:
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:
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 HPC 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 and proposed ordinance shall be transmitted for review and recommendation by the PZC at a public hearing.
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. A copy of the recommendation from PZC shall be forwarded to the HPC for consideration at a public hearing. 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.
(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 Landmark complies with the following:
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) 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:
(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 - Vacation:
(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), 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:
(b) Some or all of the provisions of Section 11-05-04, Common Procedures do not apply to specific types of Vacations.
(c) A Plat 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 Vacation 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 Plat with the Ada County Recorder within one year from date of the City Council action. If the applicant fails to record the Plat within that time period, as that period may be extended by Council, the approved Plat 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 Vacation 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 Vacation 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 Vacation 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.
(c) Specific Plan Districts:
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:
(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; Ord. 17-25, 5-13-2025; Ord. 25-25, 6-24-2025)
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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:11-07-02: BARBER VALLEY:
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