Boise council approves code change to allow de novo review of conditional use permit appeals

Boise City Council on April 25 approved ZOA 25-2, an amendment to the city’s appeals procedures that allows the council to conduct de novo reviews of conditional use permit (CUP) appeals and clarifies the city’s arbitrary-and-capricious standard of review.

City planning staff described the change as a response to a recent Idaho Supreme Court decision and as a way to ensure that elected council members — not only advisory commissions — have the authority to reexamine contested, high‑impact land‑use applications. Deanna, a city planning presenter, told the council that “de novo review of conditional use permits does not mean city council will disregard the thoughtful deliberation of the Planning and Zoning Commission.”

The nut of the amendment is…