Development And Design Standards
- 11-07-01: Purpose
- 11-07-02: Lots
- 11-07-03: Off-street Parking And Loading Standards
- 11-07-04: Connectivity
- 11-07-05: Landscaping, Fences, Walls, And Screening
- 11-07-06: District-specific Development Standards
- 11-07-07: Historic Street Light Districts
- 11-07-08: Hillside And Foothills Development Standards
- 11-07-09: Foothills Planned Development Standards
This chapter includes standards for developing property or establishing new uses of property within the City of Boise, to ensure the protection of the health, welfare, safety, and quality of life for local citizens, visitors, and business owners. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the vision and goals of the Comprehensive Plan.
1. Lot Layout:
A. Access To Public Street: No building shall be constructed or erected upon any parcel not abutting a public street, or having a permanent access easement to a public street that was of record prior to the effective date of this Code. The minimum street frontage is 30 feet and the minimum lot width is 30.
B. Clear Vision Triangle: Clear vision triangle (as defined in section 11-12-03) shall be kept free of visual barriers including vegetation (except deciduous trees pruned at least eight feet in height above the sidewalk and 14 feet above the roadway), walls, signs, vehicles, solid fences, or other sight obstructions exceeding three feet in height.
C. Common Driveways: Common driveways are subject to the following requirements:
(1) The common driveway benefits the design of the development and reduces the number of public street accesses.
(2) The common driveway provides access to no less than two and no more than six lots, each occupied with one single family or townhouse dwelling unit. A Minor Land Division shall not result in a common driveway being used to serve more than 4 lots.
(3) The maximum length is 150 feet, unless approved by the Fire Department, and the minimum width is 20 feet. "No parking" signs shall be placed on the common driveway.
(4) A five-foot wide landscaped area is required between the common driveway and lots that do not utilize the common driveway.
(5) The minimum street frontage requirement of each flag lot served by the common driveway is five feet.
(6) Lots that abut a common driveway shall take access from the common driveway and not the public right-of-way.
(7) A perpetual ingress/egress access easement and an agreement for maintenance for the paved driveway and any required landscaping shall be recorded prior to issuance of building permits. For Minor Land Divisions, a copy of the easement or agreement must be submitted for the lots to be deemed legal.
(8) Required off-street parking shall be set back a minimum of 20 feet from the edge of the common driveway.
(9) In the case of a subdivision plat, the common driveway and utilities shall be constructed concurrently with all other public improvements.
2. Construction Over Platted Lot Lines: Construction over platted lot lines of multiple whole lots in any zoning district is allowed provided that:
A. Prior to issuance of a building permit, a copy of a recorded notice of buildable parcel and a copy of a recorded deed describing by metes and bounds the entirety of the platted lots shall be submitted to the Director.
B. Platted or recorded easements must be vacated prior to construction of a structure within the easement area, or as may be required by the easement holder.
11-07-03: Off-street Parking And Loading Standards
1. General Parking Standards: This chapter establishes standards for motor vehicle and bicycle parking, on-site circulation, loading areas and parking lot design.
A. Vehicle Parking Standards:
(1) Required off-street parking facilities shall be used for vehicle parking only. Automobile sales, storage, and other uses are prohibited with the exception of temporary and/or seasonal uses which are subject to administrative approval.
(2) Required parking spaces shall not be assigned and shall be available on a first come, first served basis, unless otherwise approved by the Commission. In such cases, the number of parking spaces shall be increased by 20 percent of the number of assigned spaces. The number of required parking spaces is based on the primary use of the site. Any fraction will be rounded up.
(3) The Planning Director shall determine the required parking for uses not listed in Table 11.07-1.
(4) The number of off-street parking spaces shall not exceed 1.75 times that required in Table 11.07.1 if the required number is 20 or less; and 1.5 times the amount where more than 20 parking spaces are required. Parking maximums do not apply to single-family residential uses.
(5) Structured parking shall be exempt from the parking maximum requirements.
2.Table Of Off-Street Parking Requirements:
|Table 11-07.1 Off-Street Parking Requirements|
|GFA = Gross floor area|
|Land Use||Unit of Measure||General||P-1 District||P-2 District||P-3 District|
|Accessory Dwelling Unit||Per accessory dwelling unit||1.0||*||*||*|
|Dwelling, Single-family||Per dwelling unit||2.0||0||1.0||2.0|
|Dwelling, Duplex||Per dwelling unit||2.0||0||1.0||2.0|
|Manufactured Home Community||*||*||*||*||*|
|Mobile Home Park||Per lot||1.33||0||1.33||1.33|
|Multi-Family Dwellings*||Per dwelling unit|
|One Bedroom Unit||1.0||0||0.8||1.0|
|Two Bedroom Unit||1.25||0||0.8||1.0|
|Three or more||1.5||0||0.8||1.0|
|Guest Parking||Per 10 dwelling units||1.0||0||0.8||1.0|
|* Refer to section 11-06-3.2 for parking reductions for multi-family dwellings.|
|Boarding or Rooming House||Per room||1||0||0.56||0.8|
|Convalescent Home, Nursing Home||Per bed||0.25||0||0.20||0.25|
|Dormitory, University-Owned Housing||Per resident||0.33||0||0.18||0.26|
|Fraternity or Sorority House||Per resident||1.0||0||0.5||0.75|
|Group Home||Per dwelling unit||2.0||0||1.0||2.0|
|Halfway House||Per resident||1.0 per 4 residents||*||0.5 per every 4 occupants||0.75 per every 4 occupants|
|Retirement Center||Per dwelling unit||0.5||0||0.25||0.5|
|Child and Adult Care|
|Adult Day Care||*||*||*||*||*|
|Child Care Home (1 - 6 children)||*||*||*||*||*|
|Group Child Care Home (7 - 12 children)||Per 10 children||1.0||0||1.0||1.0|
|Group Child Care Center (7 - 12 children)||Per 10 children||1.0 and minimum of 2 total||0||1.0||1.0|
|Intermediate Child Care Center (13 - 20 children)||Per 10 children||1.0 and minimum of 2 total||0||1.0||1.0|
|Large Child Care Center (21+ children)||Per 10 children||1.0||0||1.0||1.0|
|After-school Child Care in school building||*||*||*||*||*|
|Broadcasting or Recording Studio||*||*||*||*||*|
|Lattice Tower WCF||*||*||*||*||*|
|Microcell Wireless Communication Facility (WCF)||*||*||*||*||*|
|Monopole WCF, less than maximum height of zone district||*||*||*||*||*|
|Monopole WCF, more than maximum height of zone district||*||*||*||*||*|
|Visually Unobtrusive/Attached WCF||*||*||*||*||*|
|Club, Lodge, Social Hall||Per 250 s.f. GFA||1.0||0||1.0||1.0|
|Government Buildings, non-industrial||*||*||*||*||*|
|Recreation Center||Per 100 s.f. GFA||1.0||0||1.0||1.0|
|Religious Institution||Per seat||0.20||0||0.16||0.20|
|Uses Related to and Operated by a Religious Institution||*||*||*||*||*|
|Auditorium, Stadium, or Lecture Hall seating more than 500 people||*||*||*||*||*|
|College or University Classroom||Per full-time student||0.3 and 0.8 per faculty||0||0.3 and 0.8 per faculty||0.3 and 0.8 per faculty|
|Library/Museum||Per 400 s.f. GFA||1.0||*||1.0||1.0|
|Grade, Elementary, Middle, Junior High School||Per classroom||1.0 and 1 per employee||0||1.0||1.0|
|High School||Per classroom||7.0 and 1 per employee||0||1.0||1.0|
|Private Commercial School||Per 3 students||1.0||0||1.0||1.0|
|Trade or Vocational School||Per 3 classroom seats||1.0||0||1.0||1.0|
|Hospital, Sanatorium||Per bed||1.0||0||0.66||0.8|
|Medical Research Facility||*||*||*||*||*|
|Office, Medical||Per 300 s.f.||1.0||0||0.66 1st floor; 0.25 other floors||0.8 1st floor; 0.5 other floors|
|Optician||Per 200 s.f.||1.0||0||0.66 1st floor, 0.25 other floors||0.66 1st floor, 0.25 other floors|
|Parks, Recreation and Open Space|
|Forest Reserve or Recreation Area||*||*||*||*||*|
|Golf Course||Per hole||4 and 1 per 3 seats of restaurant and bar area||*||4 and 1 per 3 seats of restaurant and bar area||4 and 1 per 3 seats of restaurant and bar area|
|Golf Driving Range||*||*||*||*||*|
|Park or Playground||*||*||*||*||*|
|Single Resident Occupancy Hotel||*||*||*||*||*|
|Aircraft Landing Field||*||*||*||*||*|
|Transit Terminal, Trucking Terminal||*||*||*||*||*|
|Gas Fired Power Plant||*||*||*||*||*|
|Utility Facility, Minor||*||*||*||*||*|
|Utility Facility, Major||*||*||*||*||*|
|Utility Shop or Storage Facility||*||*||*||*||*|
|Bikini Bar||Per 3 seat||1||0||0.25||0.33|
|Sexually Oriented Business||Per 3 seat||1||0||0.25||0.33|
|Agricultural Uses, Stables||*||*||*||*||*|
|Hog Raising, Stockyard, Feedlot||*||*||*||*||*|
|Slaughterhouse, Rendering Plant||*||*||*||*||*|
|Small Animal Grooming||*||*||*||*||*|
|Veterinary Clinic||Per 300 s.f.||1.0||0||0.66 1st floor; 0.25 other floors||0.8 1st floor; 0.5 other floors|
|Bank, Financial Institution (excluding drive-up)||Per 300 s.f.||1.0||*||0.33||0.5|
|Food and Beverage Service|
|Restaurant, no drive-up window||Per 3 seats||1||0||0.25||0.33|
|Tavern/Lounge||Per 3 seats||1||0||0.25||0.33|
|Brew Pub||Per 3 seats||1||0||0.25||0.33|
|Office, Business or Professional <1,000 s.f.||Per 300 s.f.||1.0||0||0.66 1st floor; 0.25 other floors||0.8 1st floor; 0.5 other floors|
|Office, Business or Professional >1,000 s.f.||Per 300 s.f.||1.0||0||0.66 1st floor; 0.25 other floors||0.8 1st floor; 0.5 other floors|
|University Office or Laboratory||Per 300 s.f.||1.0||0||0.66 1st floor; 0.25 other floors||0.8 1st floor; 0.5 other floors|
|Personal Service, Barber Shop, Studios, Massage Parlor, Beauty Salon||Per 300 s.f. GFA||1.0||*||0.5||0.8|
|Laundry and Dry Cleaning Service||Per 300 s.f. GFA||1.0||*||0.5||0.8|
|Photography Studio||Per 300 s.f. GFA||1.0||*||0.5||0.8|
|Printing, Lithography, Publishing & Reproductions, Exclusive of Paper Manufacturing||Per 300 s.f. GFA||1.0||*||0.5||0.8|
|Self-Service Laundry||Per 300 s.f. GFA||1.0||*||0.5||0.8|
|Recreation and Entertainment|
|Bowling Alley||Per lane and per seat in restaurant/ bar area||4 per lane and 1 per 3 seats||*||1 per lane and 1 per 7 seats for restaurant/bar area||2 per lane and 1 per 5 seats for restaurant/bar area|
|Firing Range, Indoor||*||*||*||*||*|
|Health Club||Per 250 s.f. GFA||1.0||0||1.0||1.0|
|Recreation, Commercial - Indoor||Per 100 s.f. GFA||1.0||0||0.33||0.66|
|Recreation, Commercial - Outdoor||Per acre||20||*||10||15|
|Private Amusement Park, Ball Park, Race Track, Stadium or other Similar Establishment||Per seat||0.25||0||0.125||0.167|
|Recreation Center||Per 100 s.f. GFA||1.0||0||1.0||1.0|
|Social Center||Per 100 s.f. GFA||1.0||0||1.0||1.0|
|Swimming Pool, Commercial||*||*||*||*||*|
|Swimming Lessons, Private Pool||*||*||*||*||*|
|Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Materials||Per 600 s.f. GFA||1.0||0||0.5||0.75|
|Convenience Store with Gasoline Service||*||*||*||*||*|
|Grocery||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Pharmacy||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Retail Store, Local Serving||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Retail Store <60,000 s.f. GFA||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Retail Store >60,000 s.f. GFA||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Seed and Garden Supply||Per 600 s.f. GFA||1.0||0||0.5||0.75|
|Shopping Center, Convenience Commercial||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Shopping Center, Neighborhood Commercial, <70,000 s.f.||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Shopping Center, Neighborhood Commercial >70,000 s.f.||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Shopping Center, Community Commercial||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Shopping Center, Regional Commercial||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Vehicles and Equipment|
|Auto Emission Van Test Site||*||*||*||*||*|
|Automotive Sales Lot, surfaced||Per 600 s.f. GFA||1.0||0||0.5||0.75|
|Heavy Machinery, Trailer, and Equipment Sales or Rental Lot||Per 600 s.f. GFA||1.0||0||0.5||0.75|
|Motor Vehicle Repair, Minor||Per 500 s.f. GFA||1.0||0||0.5||0.75|
|Motor Vehicle Repair, Major||Per 900 s.f. GFA||1.0||0||0.5||0.75|
|Parking Lot, Commercial||*||*||*||*||*|
|Parking Lot, University||*||*||*||*||*|
|Parking Lot, Off-Site Accessory||*||*||*||*||*|
|Service Station||Per 300 s.f. GFA||1.0||0||0.33||0.5|
|Bed & Breakfast||*||*||*||*||*|
|Recreation Vehicle Park||*||*||*||*||*|
|Recreation Vehicle Parking, Short Term||*||*||*||*||*|
|Contractor Shop, Solid Fuel & Lumber||*||*||*||*||*|
|Newspaper & Printing Establishment||*||*||*||*||*|
|Manufacturing and Production|
|Atmospheric Gas Production Plant||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Gas Production Plant||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Brewery, Distillery, Winery||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Food Products, Dairy Products & Wholesale Bakeries||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Heavy Manufacturing, General||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Light Manufacturing, General||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Lumbermill, Sawmill, Pulpmill||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Tannery||Per 750 s.f. GFA||1.0||0||0.5||0.75|
|Mining and Extraction|
|Mining, Dredging, Loading & Hauling of Sand, Dirt, Gravel or Other Aggregate||*||*||*||*||*|
|Rock Crushing, Extractive Uses||*||*||*||*||*|
|Bulk Storage of Corrosive, Acid, Alkali, Explosive or Flammable Materials or Products||*||*||*||*||*|
|Storage of Flammable Liquids or Gases Necessary to the Processes on the Premises||*||*||*||*||*|
|Self-Service Storage||Per facility||4||*||2||3|
|Storage Building, Wholesale Business, Self-Service Storage||*||*||*||*||*|
|Warehouse and Freight Movement|
|Warehouse||Per 2,000 s.f. GFA||1.0||0||0.5||0.75|
|Wholesale Business||Per 2,000 s.f. GFA||1.0||0||0.5||0.75|
|Waste and Salvage|
|Junkyard, Vehicle Wrecking||*||*||*||*||*|
|Recycling Drop-Off Center||*||*||*||*||*|
|Sanitary Landfill, Incineration||*||*||*||*||*|
|Accessory Uses to Allowed Dwellings||*||*||*||*||*|
|Accessory Uses, <1,000 s.f.||*||*||*||*||*|
|Accessory Uses, >1,000 s.f.||*||*||*||*||*|
|Accessory Uses, >2,500 s.f.||*||*||*||*||*|
|Accessory Indoor Storage of Corrosive, Acid, Alkali, Explosive or Flammable Materials or Products||*||*||*||*||*|
|Accessory Outdoor Storage||*||*||*||*||*|
|Accessory Retail Sales & Service Related to the Primary Use||*||*||*||*||*|
|Golf Club Accessory Building||*||*||*||*||*|
|Livestock & Pets||*||*||*||*||*|
|Uses Accessory to an Allowed Use||*||*||*||*||*|
|Construction Office, Temporary Dwellings||*||*||*||*||*|
|Construction Office, Temporary||*||*||*||*||*|
|Construction Office, Temporary Dwellings||*||*||*||*||*|
|Subdivision Office, Temporary||*||*||*||*||*|
|Temporary Display and Sale of Merchandise||*||*||*||*||*|
|Temporary Parking Lots||*||*||*||*||*|
|Temporary Voting Place||*||*||*||*||*|
| NOTE: |
* The Director shall determine the parking space requirements, which shall be as for a use that has similar traffic-generating characteristics.
3. Additional Parking Standards:
A. Required Loading Facilities: Loading spaces shall be provided for commercial and industrial buildings as indicated and defined in this Section.
(1) Quantity: The quantity of loading spaces required shall be as indicated in Table 11-07.2.
Loading spaces are not required for buildings under 20,000 square feet in gross floor area.
|Table 11-07.2 Number and Type of Loading Space Required for any Commercial or Industrial Building|
| Gross Floor Area |
|20,000 - 50,000||1|
(2) Definitions And Standards:
(a) Loading areas must comply with setback and landscape requirements. Loading areas shall not be orientated toward residential uses or zones and shall not be permitted along the front of a building.
(b) Loading spaces shall be not less than 35 feet in length, 10 feet in width and have 13 feet of vertical clearance. Loading areas shall be clearing posted or marked.
(c) For buildings greater than 20,000 square feet and located within the C-5 zone, applicants shall submit a plan for the provision of loading spaces. This plan may include an onsite loading area or an alley. Loading within a public street right-of-way is discouraged.
(3) The PZC, DRC, or HPC may modify the requirements of this section if it is demonstrated that the site cannot accommodate these requirements and that alternative loading methods or facilities can be provided in a manner compatible with surrounding uses.
B. Required Bicycle Parking:
(1) One bicycle parking space within an approved rack shall be required for each 10 required automobile parking spaces. Any fraction will be rounded up. If more than 10 bicycle parking spaces are required, 25 percent of the required bicycle parking spaces shall be covered. For multi-family residential, one space is required per dwelling unit.
(2) Bicycle parking spaces shall be a minimum of 6 feet long and 2.5 feet wide and have an overhead clearance of 7 feet if covered. A 4-foot wide aisle is required between rows of bicycle parking spaces or nearby walls. Stationary racks shall be located on improved non-permeable surfaces and anchored to the ground.
(3) Spaces shall be located within 50 feet from the main entrance of the building.
C. Motorcycle Parking:
(1) Motorcycle parking spaces shall be at least 4 feet wide and 10 feet deep and must be clearly posted or marked.
(2) For every 4 motorcycle spaces provided, the number of standard vehicle spaces may be reduced by one.
(3) A minimum of 10 feet of backup space shall be provided.
D. Common Facilities For Joint Or Mixed Uses: Shared use of off-street parking facilities may be approved by the Director subject to the standards of this section.
(1) Location: The distance from the main entrance to the parking shall not exceed the following:
(a) 600 feet for patrons.
(b) 1,500 feet for employees.
(2) Joint Use:
(a) An application for the joint use of parking facilities shall include:
i. A detailed site plan identifying the proposed parking space counts and distance to the parking using traditional walking patterns.
ii. The location of a sign on the premises indicating the location to the additional parking.
iii. A parking study demonstrating sufficient off-street parking for all uses.
iv. A joint parking agreement in a form to be recorded for off-street parking facilities.
(b) Maximum distance from main entrance to parking: 600 feet for patrons; 1,500 feet for employee parking.
(3) Reduction Or Increase Of Parking Requirements: Parking requirements as indicated in Table 11-07.1, Off-Street Parking Requirements, may be reduced or increased as follows:
(a) Parking Reductions And Waivers To Exceed The Parking Maximums For Residential Uses:
i. Up to 10 percent of the required parking may be reduced or exceeded by the Planning Director through an administrative approval.
ii. A reduction or waiver to exceed the parking maximums of greater than 10 percent requires a conditional use permit.
(b) Parking Reductions And Waivers To Exceed The Parking Maximums For Office, Commercial And Industrial Uses: When the building size is 5,000 square feet or less, the Planning Director may authorize the parking reduction or grant a waiver to exceed the parking maximum. Otherwise, a conditional use permit is required.
(c) Application Requirements For Parking Reduction:
i. A parking study documenting a reduced need for parking.
ii. List and schedule of major parking events.
iii. A detailed site plan and parking space count.
iv. A description of available public transit services.
v. A description of available on-street parking.
(4) Findings To Exceed Parking Maximums:
(a) The additional parking spaces are required to reduce adverse impacts to the surrounding neighborhood; and
(b) The additional parking is required due to unique characteristics of the use.
(c) The additional parking does not harm the site circulation or pedestrian access.
(d) The additional parking does not increase pedestrian travel distance to the building.
(e) The additional parking does not cause a conflict between pedestrians and vehicles.
i. Acceptable means to demonstrate adequate pedestrian access may include:
A. Placement of buildings and building entrances near the street or near other main pedestrian routes.
B. Clearly demarcating pedestrian pathways both through and around parking lots so drive aisle crossings are minimized.
C. Addition of landscape between parking facilities and pedestrian paths.
4. General Design Standards:
A. Dimensional Standards:
(1) Dimensional Standards For Parking Lots:
|Table 11-07.3: Minimum Standards for Parking Lot Design|
| Parking Angle|
| Curb Length|
|For Standard Vehicles|
|0°||9 ft.- 0 in.||23 ft.- 0 in.||9 ft.- 0 in.||12 ft.- 0 in.|
|30°||9 ft.- 0 in.||18 ft.- 0 in.||17 ft.- 8 in.||12 ft.- 0 in.|
|45°||9 ft.- 0 in.||12 ft.- 9 in.||20 ft.- 5 in.||13 ft.- 0 in.|
|60°||9 ft.- 0 in.||10 ft.- 5 in.||21 ft.- 10 in.||16 ft.- 0 in.|
|90°||9 ft.- 0 in.||9 ft.- 0 in.||20 ft.- 0 in.||22 ft.- 0 in.|
|For Compact Vehicles|
|0°||7 ft.- 6 in.||14 ft.- 0 in.||7 ft.- 6 in.||12 ft.- 0 in.|
|30°||7 ft.- 6 in.||12 ft.- 6 in.||14 ft.- 6 in.||12 ft.- 0 in.|
|45°||7 ft.- 6 in.||10 ft.- 6 in.||16 ft.- 0 in.||13 ft.- 0 in.|
|60°||7 ft.- 6 in.||8 ft.- 9 in.||16 ft.- 9 in.||16 ft.- 0 in.|
|90°||7 ft.- 6 in.||7 ft.- 6 in.||15 ft.- 0 in.||22 ft.- 0 in.|
(2) Dimensional Standards For Indoor Parking Structures:
(a) Spaces within parking structures shall be 8.5 feet wide and 18 feet deep.
(b) Drive aisle dimensions shall be consistent with commercial parking lots.
(c) Structural columns may encroach up to 6 inches into parking spaces.
(3) Compact Spaces:
(a) A maximum of 40 percent of the total spaces provided may be designed, designated, and used for compact size vehicles. The dimensional standards for compact vehicle spaces and driveways are indicated in Table 11-07.3, Minimum Standards for Parking Lot Design.
(b) Compact spaces shall be clearly marked as such on the pavement or curb.
(4) Tandem Parking: The Director may allow tandem parking for indoor parking or single-family residential upon determination that the following are true:
(a) The tandem parking does not have a negative impact on adjacent properties; and
(b) Tandem parking is required because of physical limitations of the site; and
(c) The standard parking design(s) would have a negative impact on the functional and/or aesthetic value of the site.
B. Location For Parking Lots And Parking Structures: Rear or side street setback areas may not be used for off-street parking or loading areas, except rear setback areas may be used where lots are alley loaded. Side yards that do not abut a street may be utilized for off-street parking; provided that a minimum five-foot wide landscape area be constructed and maintained along the adjoining property line. For detached single family residential uses in the A-1, A-2, R-1A, R-1B, R-1C, R-1M, R-2, and R-3 districts, a minimum 3-foot wide landscape area is required.
C. Parking Area Design:
(1) Parking In Required Yards: Public or private parking areas and parking spaces shall not be permitted in any required yard of any residential district, except as follows:
(a) Except for working vehicles in daily use parked on driveways, in front of homes, vehicles shall not be parked on:
i. Required yard areas; (except for in structures that comply with setback requirements);
ii. Unimproved parking areas (except per 3(b) below); or
iii. Other areas not designed for vehicle parking.
(b) Trailers, camp trailers, boats, boat trailers, recreational vehicles, and all other vehicles not in daily use are restricted from parking in the front and street side yard setbacks or unimproved parking areas.
(c) Alley-loaded parking and parking structures may encroach into rear or interior side setbacks per the zone.
(d) Open air public or private parking areas and service drives in a residential use district shall be permitted in side yards that do not abut a street, provided that a minimum five-foot wide landscaping and screening area be constructed and maintained adjacent to the adjoining property line as provided for in Section 11-07-05.5, Screening. For detached single family residential uses in the R-1A, R-1B, R-1C, R-2, and R-3 districts, a three-foot wide landscaping and screening area is required.
(e) No commercial vehicle or trailer shall be parked, stored, or otherwise left unattended at any place in a residential district whether on public or private property for over two hours except while engaged in construction or any other permitted activity.
(2) Third-Party Auto Sales Prohibited: With the exception of auto sales lots in commercial districts, it shall be unlawful to maintain or place vehicles on a property of another for the purpose of sale.
(a) All driveways shall extend into the site in a perpendicular manner. The Director may approve exceptions provided the driveway:
i. Is for access to a garage or parking area and shall not have a negative impact on adjacent properties; and
ii. Is required because of physical limitations of the site; or
iii. Will enhance the aesthetics of the site (including preserving trees); or
iv. Is required for safety reasons such as preventing vehicles from backing into a street.
(b) All parking areas, driveways, and other vehicular access for single family or two-family residential uses, may consist of wheel strips, pavers, or other hard surface material approved by the Director. Gravel surfacing is allowed for non-required parking spaces and driveways outside front and side street setbacks. Other residential uses are subject to standards in accordance with subsection (6), Surfacing, below.
(c) Driveways for single-family or two-family residential uses shall be a minimum of nine feet in width. For the purpose of this section, individual driveways are those vehicular access ways separated from any other by a minimum of five feet of landscaping or similar material not designed to accommodate vehicles. Driveways or service drives for other residential uses are subject to Section 11-07-04.3.
(d) Driveways are permitted in the front and street side setbacks in accordance with Section 11-07-04.3.B, Service Drives.
(e) For single family residential uses, individual driveways in the front or street side setback shall not exceed a width of 33 feet within the setback. For the purpose of this section, individual driveways are those vehicular access ways separated from any other vehicular access way by a minimum of five feet of landscaping or similar material not designed to accommodate vehicles. More restrictive standards shall prevail where applicable.
(f) Residential driveways shall be setback at least 50 feet from an intersection of public streets as depicted in Figure 11-07.2. Under unusual circumstances, the Director may waive this requirement.
(g) Parking on substandard lots of record is regulated by Section 11-06-03.3.D(7) of this Code.
(4) Residential Garages:
(a) 22' of back up space is required measured from the back of the parking stall to the far side of the alley.
(b) Street access is prohibited when alley access is available, except where there is an existing curb cut on a corner lot, or as may be approved by the Planning Director for other areas based on findings that such access will not be detrimental to the function and appearance of the affected block frontage and sidewalk system.
(5) Lighting: Lights in public or private parking area or vehicle sales area may not shine directly on adjacent residential land uses.
(a) Driveways and parking areas must be built with a non-permeable material such as concrete or asphalt. Appropriate alternative may be approved by the Director.
(b) Gravel Surface Exception:
i. A gravel surface may be utilized within industrial zones for enclosed storage yards or grounds maintenance areas. The storage and maintenance areas must be located behind the building and be enclosed by a 6 foot high sight obscuring fence.
ii. Use of gravel parking must be approved by the Boise City Fire Department and the Boise City Public Works Department to ensure compliance with best management practices.
(7) Bumper Overhang: Parking stall length may be reduced to 18 feet when the adjacent sidewalk or landscaping is increased by two feet over the minimum requirement. The minimum width for a sidewalk adjacent to a bumper overhang is 6 feet and the minimum width for a landscape strip adjacent to a bumper overhang is 7 feet.
5. Accessible Parking Spaces: This section applies only to the quantity, dimensional standards, and location of accessible parking spaces.
A. Compliance with ADA and IBC standards is required. Accessible spaces are required according to the following table. For every six or fraction of six accessible parking spaces, at least one shall be a van-accessible parking space.
(1) The required number of accessible spaces shall be as follows:
|Table 11-07.5 Required Number of Accessible Parking Spaces|
|Total Parking Spaces in Lot|| Minimum Number|
of Accessible Spaces
|1 - 25||1|
|26 - 50||2|
|51 - 75||3|
|76 - 100||4|
|101 - 150||5|
|151 - 200||6|
|201 - 300||7|
|301 - 400||8|
|401 - 500||9|
|501 - 1,000||2% of the Spaces Provided|
|1,001 and Over||20 plus 1 for each 100 over 1,000|
(a) At facilities providing medical care and other services for persons with mobility impairments, are required to provide additional accessible spaces: Outpatient facilities shall provide accessible spaces equal to 10 percent of the total number of required parking spaces.
i. Facilities that provide services for individuals with mobility impairments shall provide accessible spaces that are equal to 20 percent of the number of required parking.
(b) Valet parking facilities shall provide a passenger loading zone located on an accessible route to the entrance of the facility.
(c) Accessible parking spaces shall not contain slopes in excess of two percent and may not be accessed via steps or from adjoining pedestrian walkway.
(d) Accessible spaces shall be located closest to main entrance. When there are multiple buildings or main entrances, accessible spaces shall be distributed equally.
(e) Accessible spaces shall be clearly marked as reserved spaces.
(1) Length: All accessible spaces shall be a minimum of 20 feet in length.
(2) Width: All accessible spaces shall be a minimum of eight feet in width plus a five-foot wide adjacent access aisle.
(3) Van Accessible: One in every eight accessible spaces, but not less than one, shall have an adjacent access aisle eight feet in width and shall be designated as "Van Accessible."
6. Temporary Parking Lots: Temporary parking lots are prohibited in the R-1, R-2, N-O zones and the CD, C, HD overlays.
A. Approval Criteria: Temporary lots may be permitted for up to 2 years if the following approval criteria are met:
(1) Use of the land for parking is consistent with the Boise City Comprehensive Plan for the area.
(2) A minimum of 20 feet width of direct access to the parking lot from a public road right-of-way is provided.
(3) The parking lot shall be compatible with surrounding uses.
(4) Existing mature landscaping shall not be displaced by the parking lot.
(5) A detailed grading and drainage plan shall be submitted for review and approval by the ACHD and the Public Works Department before a building permit is issued.
B. Minimum Standards: All temporary parking lots shall meet the following minimum standards:
(1) Gravel surfacing with a written maintenance plan for dust control measures for the parking lot and access road.
(2) Site obscuring fencing and landscaping alongside and rear property lines that coincide with a residential use. Landscaping is required along street frontages.
(3) Wheel stops marking all parking spaces.
(4) A landscaped area of five percent of the total lot area.
(5) A temporary irrigation system adequate to maintain the temporary landscaping in a healthy condition.
(1) Plans for a temporary parking lot shall be submitted for review and approval by the Director as an administrative-level design review and shall include provisions for removal of the lot upon expiration of the permit. A bond for 110 percent of the cost of removing the temporary parking lot shall be required.
(2) Three one-year extensions of the permit may be granted by the Director providing the lot is in compliance with the requirements of the permit.
1. Public Roads: [Reserved]
2. Private Roads: [Reserved]
3. Internal Site Circulation:
A. Ingress And Egress:
(1) Access driveways providing reasonable access to required private or public parking areas including garages may extend through the front or street side setback in a perpendicular manner provided they comply with Section 11-07-04.3.B, below.
(2) Driveways that extend through the setback in other than a perpendicular manner may be approved due to physical limitations of the site or for aesthetic or safety purposes. The Director may approve driveways upon a determination that the following:
(a) The driveway is required to enhance the aesthetics of the site such as preserving existing trees; or
(b) The driveway is required for safety reasons such as avoiding backing into a busy street or a street with limited motorist visibility.
(3) Driveways that are not approved by the Director require a variance from the PZC or Hearing Examiner.
B. Service Drives:
(a) Service drives may not land lock adjacent property or interfere with the continuity of public streets.
(b) Service drives must not encourage or promote pass through between public or private streets.
(c) Service drives shall intersect a street at a 90 degree angle, unless otherwise approved by the Ada County Highway District.
(d) Drive through lanes shall be at least ten feet in width.
(e) One way service drives shall be at least ten feet in width.
(f) Two-way service drives shall be at least twenty feet in width.
(g) The width of a service drive at the intersection of a street shall be twenty feet.
(h) The width of a service drive between building appurtenances such as carport overhangs shall be at least twenty four feet.
(a) Drive through lanes and associated escape lanes shall each be a minimum of ten feet wide.
(b) A driveway for a single-family dwelling and for a two-family dwelling may be a minimum of nine feet wide.
(c) One-way service drives without parking on either side shall be a minimum of ten feet wide. Two-way service drives without parking on either side shall be a minimum of 20 feet wide.
(d) Garages shall be setback 20 feet or greater, or between three and eight feet from the edge of the service drive. The combined width of the service drive and the garage setback shall be a minimum of 28 feet.
(e) Except at the intersection of a service drive and public road, the service drive shall be narrowed to 20 feet where occupied by a crosswalk.
(f) 24 feet of clear width shall be maintained between building appurtenances, such as carport overhangs, that border service drives.
(g) Service drives shall comply with Fire Department standards before the service drive is used as a fire access drive.
(3) Grade: Maximum grade for service drives shall be ten percent unless a steeper grade is specifically approved by the City Engineer and the Fire Chief. A maximum grade of two percent, unless specifically approved by the ACHD and City Engineer, shall be required for the initial 80 feet from the intersecting curb to provide a landing at the junction of the service drive and the public right-of-way.
(4) Drives That Serve More Than 40 Dwelling Units: Service drives that serve more than 40 dwelling units will be designed based upon the standards of this Code and by a traffic plan prepared by a traffic engineer, submitted to and approved by the Director and the Public Works Department for the interior roadway and parking system. The required transportation plan shall include the following information:
(a) The adequacy of approach streets and highways to accommodate development traffic;
(b) The need to expand or modify existing facilities; the locations and design of development driveways; and
(c) Provisions for pedestrian and bicycle facilities that address the following:
i. consideration for service/emergency vehicular movement;
ii. safety for vehicular and pedestrian traffic;
iii. livability of the residential environment;
iv. economy of land use, construction and maintenance; and
v. a recommended street layout and dimensional standards. This requirement may be waived when it can be shown by the applicant that no section of on-site roadway will exceed 240 vehicles per day.
C. Minimize Driveways: As a means to improve traffic safety and to improve the visual quality of an area, the number of driveway intersections with public or private roadway in residential projects shall be minimized. Use of parking courts, alleys, and common driveways is strongly encouraged.
4. Pedestrian Access: The development shall provide sidewalks and crosswalks that link transit stations, parking areas, buildings, open spaces, and adjacent pathways. Sidewalks shall be at least four feet wide, sited and illuminated to provide safe passage and observation of the pathway route. Sidewalk crossings of service drives shall be provided and clearly distinguished from the service drive.
A. Purpose: To encourage non-motorized forms of travel, and to provide safe, convenient, and aesthetic alternative travel routes to common destinations such as schools, parks, and shopping centers.
B. General Provisions:
(1) Micro-paths shall be utilized:
(a) where there are no sidewalks for safe and direct pedestrian access to the common destinations identified above;
(b) to connect with a regional path system; or
(c) to provide pedestrian connections from an internal to an external street.
(2) The following factors will be considered in the location of any micro path:
(a) the utility and need for a given path;
(b) impacts to existing neighborhoods;
(c) pathway design as it relates to both crime prevention and function; and
(d) the responsibilities of ownership, maintenance, and liability.
(1) The city shall require the creation and maintenance of micro-paths (except in cases where it is shown to be inappropriate) that provide access to the following facilities when adjacent to the new development:
(a) Existing or proposed schools,
(b) Existing or proposed public parks,
(d) Shopping areas,
(e) Public land,
(f) Transportation or other community facilities,
(g) Adopted pathway elements of the Boise Metro Plan including but not limited to: Ridge-to-Rivers Pathway Plan, the Parks Comprehensive Plan and the Downtown Plan,
(h) Vacant parcels, held either publicly or privately, that could provide future neighborhood connection(s) to the above noted sites, and
(i) In similar cases, where deemed appropriate.
(2) In addition, micro-paths may be required to connect sites other than those noted above:
(a) When there is evidence that a pedestrian/cyclist would otherwise be forced to travel along a roadway that may be hazardous for non-motorized forms of travel, in order to reach the desired destination; or
(b) When the pedestrian/cyclist would otherwise have to travel a distance of more than one-half mile alongside a local or collector roadway in order to reach the desired destination.
D. Design: While the city may exercise considerable discretion in determining the design of micro-paths, the following minimum standards should be followed:
(1) The paved portion of the micro-pathway may range from seven to ten feet in width. Generally, micro-paths that receive high use will be wider. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while allowing use by bicycles, wheel chairs, and other modes of travel.
(2) A five-foot wide landscaped area/building and fence setback, as measured from both edges of the paved micro-path, shall be required, and will be owned by either the abutting property owner(s) or a home owners association unless accepted by a public entity. For safety purposes, planting material in this area is limited to three feet in height. The landscape, fence, and building regulations for this area shall be indicated by a note on the plat.
(3) In order to design for crime prevention the following design standards will be followed:
(a) Fencing that provides better visibility from adjacent homes or buildings. If solid fencing is used, it may not exceed four feet in height.
(b) Lighting may be required by Department of Public Works, and shall be owned and maintained by the city.
(c) The use of corners and curves in the design of micro-paths is discouraged.
(d) The placement of micro-paths that link high use public areas such as shopping malls with neighborhoods will be subject to review and recommendation by the Police Department.
(4) Micro-pathway standards in foothill projects may be varied to take into consideration topography, soils, and drainage. Typically in areas of steep slopes these trails should not be paved unless erosion is evident, may curve to follow the contour, may be narrow to limit disturbance, may take advantage of existing landscape features, and would not require lighting.
E. Site Development Standards: With the exception of single-family subdivisions, development proposals shall be in substantial compliance with the following requirements:
(1) Lighting and sidewalks shall be designed to encourage pedestrian access and security.
(2) Pathways shall have convenient connections within the development core and between surrounding neighborhoods and parking facilities.
(3) Safe, secure, and convenient bicycle storage areas will be provided and storage/rack facilities shall comply with standards adopted by the Boise Parks and Recreation Department.
(4) Pedestrian and bicycle circulation within the project shall be designed to minimize conflicts and hazards with motor vehicles.
F. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance, and/or liability for a micro-path.
(1) No Clear Responsible Entity: Micro-paths for which there is no clear responsible entity may be reserved for future use by granting an easement to the city. If no entity accepts responsibility for the micro-pathway within the period of time specified in the easement, then the full use of the property will revert to the property owner and the easement shall terminate.
11-07-05: Landscaping, Fences, Walls, And Screening
1. Purpose And Intent: The purpose of this section is to establish requirements for the design, installation and maintenance of landscapes that contribute ecologically and aesthetically to the growth and economic prosperity of the City; that achieve healthy, attractive and safe environments according to recognized design and urban forestry principles; that encourage water conservation; storm water integration; and that conserve, protect and promote the natural identity and environment of the City.
A. Landscaping Plan:
(1) Landscape Plan Preparation: All landscape plans shall be prepared by an architect, landscape architect, landscape designer working as a professional in this field or qualified nurseryman.
(2) Applicability: A landscape plan is required for all commercial, industrial, office, substandard lot, and multi-family developments, alterations and additions to buildings or parking lots, or changes in use. The landscape plan may be required as part of an application for a Design Review, Conditional Use, Variance, Zoning Certificate or Certificate of Appropriateness.
(3) Adopted Streetscape Plans: Where streetscape standards have been adopted by the City of Boise for the streets bordering a project site, and there is a difference between the adopted streetscape standards and the requirements of this section, the adopted streetscape standards shall govern the streetscape elements of the project.
(a) New Development: All new developments shall provide landscaping in accordance with the requirements of this section.
(b) Expansions And Alterations To Existing Buildings: The requirements of this section shall apply to the expansion and alteration of existing buildings when the project increases 50 percent or more in gross square footage.
(c) Change Of Use: The requirements of this section shall not be imposed unless one or more of the following circumstances apply:
i. An expansion or alteration to the building/lot is being proposed as per Subsection (b) or (c) above; or
ii. The property never complied (or no longer complies) with the ordinance requirements in existence at the time of approval or conditions of approval at the time of construction.
(5) Existing Parking Lots:
(a) Re-striping or Re-surfacing: Replace and repair the existing landscaping to previous approval standards.
(b) 0 - 25 Percent Expansion or Replacement of the Parking Lot: Replace and repair the existing landscaping to previous approval standards.
(c) 26 - 50 Percent Expansion or Replacement of the Parking Lot: Replace and repair the existing landscaping to previous approval standards and provide perimeter landscaping.
(d) 51 - 100 Percent Expansion or Replacement of the Parking Lot: Comply with all requirements of this section.
(6) Waivers: If the location of existing buildings or other structures prevents conformance with the requirements of Sections 11-07-05.2.A(4) and/or 11-07-05.2.A(5), or its implementation would create non-conformity of parking standards or other special circumstances, the Planning Director may grant a waiver based on the following findings:
(b) That granting a waiver will not have a detrimental effect on adjacent properties; and
(c) That granting a waiver will not be in conflict with past approvals that required landscape improvements. A letter requesting a waiver and reasons therefore, shall be submitted at the time of application. Decisions of the Planning Director may be appealed to the Planning and Zoning Commission within 10 calendar days from the date of the decision in accordance with Chapter 3 of this Code.
(7) Alternative Compliance:
(a) Purpose: To provide for alternative means to meet the intended purposes of the landscape requirements when explicit compliance is not feasible or the alternative means are superior to what is required.
i. General: The applicant shall request alternative compliance in conjunction with the submittal of a Conditional Use Permit or Design Review application or upon the determination that the development does not comply with the specific provisions of this title. The request will be considered by the same approval body as the base application. The request shall specify:
A. The specific requirements that are proposed to be modified;
B. The reasons for the modification; and
C. A demonstration of how the alternative means for compliance meets the requirements' intended purpose.
ii. Stormwater Swales: Stormwater swales within front setbacks can be approved at staff level provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with Section 11-07-05.2.G(2). A landscape plan with swale construction details which incorporate the landscape design shall be submitted for the staff level review.
(c) Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation.
(d) Required Findings: In order to grant approval for an alternative compliance, the director shall determine the following:
i. Strict adherence or application of the requirements is not feasible because one of the following conditions exist:
A. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;
B. The site involves space limitations or an unusually shaped lot;
C. Safety considerations;
D. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this section;
E. The proposed design includes innovative design features based on "new urbanism," "neotraditional design," or other site designs that promote walkable and mixed use neighborhoods; or
F. Environmental quality benefits;
ii. The alternative compliance provides an equal or superior means for meeting the requirements; and
iii. The alternative means will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.
B. Minimum Design Standards And Requirements:
(1) Approved Plant Material:
(a) The publication titled Tree Selection Guide by the Community Forestry Unit of the Boise Parks & Recreation Department (latest edition) is hereby adopted as the list of approved and recommended trees for on-site planting.
(b) The Stormwater Plant Materials Resource Guide published by the Boise City Public Works Department is recommended for plant selection, establishment and maintenance for storm water facilities.
(c) New plant varieties are being produced every year and other species not listed in the above publications or species which are more disease resistant, pest resistant, or drought tolerant may also be considered.
(2) Prohibited Plant Material: The plants listed under "Trees not permitted for Rights-of-Way Property Planting" in the Tree Selection Guide are prohibited from being planted along any street or within any parking lot regulated by this section.
(3) Minimum Plant Sizes:
|Table 11-07.6 Minimum Plant Sizes|
|Type of Plant||Size|
|Shade/Ornamental Trees||2 inch caliper|
|Evergreen Trees||6 foot height|
|Woody Shrubs||2 gallon|
(4) Tree Species Mix: When five or more trees are to be planted to meet the requirements of any portion of this section, a mix of species shall be provided as per the table below:
|Table 11-07.7 Tree Species Mix|
|Required Number of Trees|| Minimum |
Number of Species
|5 - 10||2|
|11 - 30||3|
|31 - 50||4|
|Note: When the total number of trees is greater than 10, one species cannot amount to more than 40% of the total.|
(5) Tree Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than 80 percent of the average mature width of the trees, as demonstrated in the following examples:
(6) Mulch: Organic mulch such as bark or soil aid shall be applied to all planting areas, except that rock mulch may be permitted as part of the approved landscape plan. Planting areas utilizing rock mulch shall have 50 percent of the ground surface covered by vegetation at plant maturity. Natural colors shall be used and patterning of the materials is prohibited. Use of mulch as the only ground cover in required planting areas is prohibited. Impermeable plastic weed barrier under the mulch is prohibited.
(7) Curbing: All planting areas that border driveways, parking lots and other vehicle use areas shall be protected by curbing, wheel stops or other protective devices. Such devices shall be a minimum of 30 inches from all tree trunks to prevent cars from damaging tree trunks.
(8) Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:
(a) Overhead Utilities: Only approved Class I trees in the Tree Selection Guide may be planted under or within ten lateral feet of any overhead utility wires.
(b) Underground Utilities: All trees shall be planted outside of any utility easement, unless written approval is obtained from the applicable agency. All trees shall be planted outside of any easement that contains a City sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes trees required by this section, the width of the required buffer shall be increased to accommodate the required trees.
(c) Trenching: New underground utilities shall be located outside of the dripline of existing trees if trenched, or be tunneled a minimum of three feet below existing grade within the tree's dripline. The guiding principle is that no root two inches or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the City's or the Utility's ability to access existing utilities for repair, replacement and maintenance.
(9) Berms: Berm slopes shall not exceed 3:1 (horizontal:vertical). Slopes shall not exceed 4:1 on areas which require mowing.
(10) Water Efficiency: The landscape plan shall provide for water efficient landscaping as follows:
(a) Lawn Areas: Where appropriate and on sites where other landscape options can be incorporated, large expanses of mown lawn, such as Kentucky Bluegrass, are discouraged due to its high water consumption. Lawn should not be treated as a fill-in material but rather as a functional or aesthetic element of the landscape. Mown lawn should not be used in median strips, parking strips, or other difficult areas to irrigate less than six feet in width. Areas of lawn larger than 15,000 square feet shall have soil moisture sensors that are properly installed and adjusted.
(b) Plant Selection And Location: Plants should be placed based on adaptability to regional and micro climatic conditions, i.e., shade, sun, wind, etc. Plants having similar water needs should be grouped together in distinct hydrazones, and spaced to minimize watering needs while maximizing growth and spread of plants. The use of native and other low-water-use plants is encouraged.
(1) Irrigation Required: All landscape areas requiring irrigation shall be served with an automatic underground irrigation system. Areas of landscaping which will not require supplemental watering after initial establishment are not required to have permanent irrigation.
(2) Irrigation Water: Use of non-potable irrigation water is required when determined to be available and adequate. Year round water availability is also required by connecting to potable water or an on-site well as a secondary source.
D. Perimeter Buffers:
(1) Street Buffers:
(a) Applicability: Landscape street buffers shall be required for all multi-family residential, office, commercial and industrial developments. Street buffers shall not be required in the C-5 (Central Business) zone in circumstances where a landscape buffer would prevent the placement of a proposed building at the allowed zero foot front or street side setbacks. For single family subdivisions, buffers shall be as required by Chapter 11-09, Subdivision Standards.
(b) Size And Location: Landscape buffer widths along streets shall be based on the required setbacks of the underlying zone. All required buffers shall be located outside any street right-of-way and shall be maintained by the property owner. All street buffers shall be measured from the property line (after dedication of any right-of-way) and not from the sidewalk or curb. Subdivisions shall comply with Chapter 11-09, Subdivision Standards.
(c) Street Trees: All required landscape street buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover, with a minimum density of one tree per 40 lineal feet. If this calculation results in a fraction of .5 or greater, round up to an additional tree. Class I trees are discouraged within street buffers except where justified. Clustering is allowed, however, trees shall be spaced no closer than 80 percent of the average mature width of the trees.
(d) Conifers Along Streets: Coniferous trees are allowed along streets only within planting areas 20 feet or greater in width.
(e) Tree Wells: Tree wells shall be a minimum of 36 square feet in size.
(f) Parkways & Detached Sidewalks: Parkway widths shall be six feet for Class II trees with ACHD approved root barriers, eight feet for Class II trees without root barriers, and ten feet for Class I and III trees as measured from the inside of the sidewalk to the inside of the curb.
(2) Side And Rear Perimeter Buffers:
(a) Applicability: Side and rear landscape buffers shall be required for all residential, office, commercial and industrial developments. For single family subdivisions, buffers shall be as required by Chapter 11-09, Subdivision Standards.
(b) Size And Location: Landscape buffer widths shall be based on the required setbacks of the underlying zone. Single family residential subdivisions shall comply with Chapter 11-09, Subdivision Standards. All required side and rear buffers shall be located within the property and shall be maintained by the property owner.
(c) Parking Lot/Vehicular Use Area Buffers: If an interior side or rear lot line is adjacent to a parking lot or other vehicular use area, such as, but not limited to, vehicle sales areas, truck and bus parking areas and driveways the following standards shall apply.
i. Landscaping: The perimeter landscape strip shall be planted with one tree per 40 lineal feet. If this calculation results in a fraction of .5 or greater, round up to an additional tree. Species shall be selected from the Boise City Tree Selection Guide. Clustering is allowed, however, trees shall be spaced no closer than 80 percent of the average mature width of the trees.
ii. Exceptions: Where two properties have a shared access and parking agreement that has been approved by the city, the above requirements may be waived.
(3) Buffers Between Different Land Uses:
(a) Applicability: Land use buffers shall be required along contiguous property lines between residential uses and dissimilar uses such as industrial, commercial, and office. The buffers are required along the entire contiguous property line. This section shall not apply to mixed use projects on contiguous properties.
(b) Size: The minimum buffer width between land uses is based on the required setbacks of the underlying zone.
(c) Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows:
i. Mix Of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area.
ii. Barrier Effectiveness: The required buffer area shall result in an effective barrier within five years of installation and be maintained such that 60 percent or more of the vertical surface is closed and prevents the passage of vision through it. Clustering is allowed, however, trees shall be spaced no closer than 80 percent of the average mature width of the trees.
iii. Buffer Walls: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet tall is provided, the planting requirement may be reduced to at least one tree per 40 lineal feet, plus shrubs, lawn, or other vegetative groundcover, in lieu of the requirements of subsection (b). Clustering is allowed, however, trees shall be spaced no closer than 80 percent of the average mature width of the trees.
iv. Chain-Link Fencing: Chain-link fencing does not qualify as a screening material; therefore the buffer must still be landscaped as per subsection (b), even if a chain-link fence is provided.
v. Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access between commercial and residential districts.
E. Parking Lots (Interior): Interior parking lot landscaping shall be required in any parking lot with 12 spaces or more, including vehicle sales lots.
(1) Planter Size: Landscape planters shall be a minimum of 8 feet in width for Class I & II trees and ten feet in width for Class III trees. Required parking lot planters shall be the length of the adjacent parking space. Dimensions are measured inside curbs.
(2) Parking Lot Layout: No linear grouping of parking spaces shall exceed ten in a row, without an internal planter island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the ends of rows of parking to protect parked vehicles and confine moving traffic to aisles and driveways. Interior landscape planters shall be spaced as evenly as feasible to reduce the visual impact of long rows of parked cars.
(3) Trees Required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two trees and shall be covered with low shrubs or other vegetative groundcover. Deciduous shade trees must be pruned to a minimum height of eight feet above the adjacent parking areas. Evergreen trees are prohibited in interior planters.
(4) Lights Prohibited: Light poles and fixtures shall be located outside of landscape planters which contain trees as required by this section.
(5) Industrial Exclusion: Industrial parking, storage, and loading areas are specifically excluded from the interior landscape requirements, but shall meet all perimeter and right of way landscape and screening requirements.
F. Preservation Of Existing Trees:
(1) Landscape Plan: All existing trees four inch caliper and greater shall be shown on the landscape plan. Indicate whether each tree is to be retained or removed and include an assessment by an approved Arborist of the health of the trees. Include on the plan a description of how existing trees to be retained are to be protected during construction.
(2) Protection During Construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. Protection fences around existing trees are required for the duration of construction.
(3) Construction Within The Dripline Of Existing Trees: Specific requirements for construction within the dripline of existing trees are as follows:
(a) Paving: Impervious surfaces may be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet.
(b) Grade Changes: Grade changes are discouraged within the dripline of existing trees and are subject to recommendation by the City Forester or an approved Arborist.
(c) Utilities: New underground utilities to be placed within the dripline of existing trees shall be installed as per Subsection 11-07-05.2.B(8)(c) of this section.
(4) Mitigation Trees: Healthy desirable trees four inch caliper or greater that are removed shall be replaced with an equal replacement of the total caliper inches lost either on site or off-site per recommendation of the City Forester. Example: two 10-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five 4-inch caliper trees, or seven 3-inch caliper trees.
(5) Required Landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping.
(6) Incentives: The Planning Director may allow up to a ten percent reduction of the required parking spaces to save healthy desirable trees.
G. Stormwater Integration:
(1) Purpose: The City encourages the incorporation of vegetated, well-designed stormwater filtration swales into landscape areas where topography and hydrologic features allow. Such integrated site designs can improve water quality and provide a natural, effective form of flood and water pollution control. Landscape areas which incorporate stormwater swales shall generally be above and beyond the landscaping required by this section.
(2) Design Guidelines: Below are requirements for designing a landscape area that integrate stormwater facilities. The Planning & Zoning and Public Works Departments should be involved in the initial design and determining the appropriateness of any site. Additional information regarding stormwater system design is provided in the publications titled Boise Stormwater Design Manual and Stormwater Plant Materials Resource Guide, which are available from Boise City Public Works.
(a) Street Buffers: Except in industrial areas, swales shall not be located in required landscape buffers along streets. However, swales located along streets within required landscape buffers may be approved through the Alternative Compliance process at staff level provided that the landscape plans are not changed substantially from the previous approval and comply with this section. Swales located within street buffers shall meet the following standards:
i. Swales shall not exceed twelve inches in storage depth;
ii. Swales shall be separated from back of sidewalk by a minimum of two feet;
iii. Street trees shall be provided as required by this section;
iv. Rapid sand infiltration windows shall be integrated for timely drainage of stormwater; and
v. No infiltration basins are allowed.
(b) Perimeter Buffers: Swales located within required buffers in side and rear yards shall meet the following standards:
i. Swales shall not exceed 18 inches in storage depth;
ii. Trees shall be provided as required by this section; and
iii. Rapid sand infiltration windows shall be integrated for timely drainage of stormwater.
(c) Gravel, rock, or cobble on the surface of swales shall not exceed 20 percent of the surface area of the bottom of the swale. Cobble may be incorporated into required landscape areas if designed as a dry creek bed or other design feature.
(d) Stormwater swales shall be vegetated with appropriate plant materials. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. Examples of appropriate plants materials include, but are not limited to:
i. Trees: River Birch (Betula nigra), American Hornbeam (Carpinus caroliniana), Green Ash (Fraxinus pennsylvanica), Sweetgum (Liquidambar styraciflua), Sycamore (Platanus occidentalis) and Mountain Alder (Alnus tenuifolia).
ii. Shrubs: Red Osier Dogwood (Cornus sericea), Serviceberry (Amelanchier alnifolia), Rhododendrons (Rhododendron sp.), American Cranberry Bush (Viburnum trilobum), Golden Currant (Ribes aureum) and Drummond Willow (Salix drummondiana).
iii. Groundcovers: Sedges (Carex sp.), Spike Rush (Eleocharus acicularis), Maiden Grass (Miscanthus sp.), and Fountain Grass (Pennisetum sp.).
(e) Organic mulch shall not be used adjacent to the flow path. Plant material shall be installed adjacent to the flow path and infiltration area to aid in capturing sediment and reducing clogging.
(f) Open water ponds and holding areas with a permanent water level are not permitted in required landscape or buffer areas, except along Interstate-84. However, ponds that are aesthetically designed with special grading and vegetative features may be approved as provided for through Alternative Compliance.
(g) Slopes shall not exceed 3:1 (horizontal:vertical).
H. Arterial And Collector Street Buffering: Landscaped buffer areas shall be provided where single family residential lots are adjacent to collector or arterial streets.
(1) Perimeter Landscape Buffer:
(a) The buffer shall be located outside of any planned future right-of-way.
(b) The width of the buffer along arterial streets shall be a minimum of 30 feet. Along collector streets it shall be a minimum of 20 feet.
(c) The buffer area may be located within the lot provided that:
i. The depth of the lot is a minimum of 130 feet; and
ii. In cases where the side lot line runs along an arterial or collector, the width of the lot is a minimum of 80 feet.
(d) Fences and walls shall not be placed in buffer areas.
(2) Frontage Road:
(a) Frontage roads, as permitted by the ACHD, and separated from a collector or arterial street by a ten foot wide landscaped median, may be permitted.
(b) The landscaped median shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
(1) Certificate Of Completion: Before issuance of the final certificate of occupancy, the author of the landscape plan shall submit to the City certification that the landscaping has been installed in compliance with the approved plans.
(2) Installation Schedule: All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final certificate of occupancy.
(3) Extension Of Time For Installation: Upon recommendation of the director, a temporary certificate of occupancy may be issued for a specified time period, not to exceed 180 days when:
(a) Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and
(b) The applicant has provided surety to the City for the required improvements.
J. Landscape Maintenance:
(1) Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required.
(a) The property owner is responsible for the maintenance of all landscaping and screening devices required by this section.
(b) Topping any street tree required by this section is prohibited. For trees not within street right-of-way, alternative pruning techniques to achieve specific horticultural or aesthetic effects may be used if approved by Boise City Forestry. Examples include pleached allee, pleached bosque, espalier, and pollarded canopy.
(c) Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right of way.
(d) Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.
(e) All landscaping required by this subsection may be subject to periodic inspections by City officials to determine compliance or to investigate.
A. General Provisions:
(1) In historic districts, a Certificate of Appropriateness is required for fences made with any material other than dog-eared cedar.
(2) Electric fences are prohibited.
(3) Barbed wire is permitted in commercial and industrial zones only as the top section of a security fence. Barbed wire must be located at least 72 inches above grade.
(4) Walls, lattices, and screens shall be considered to be fences.
(5) Boxes, sheet metal, old or decayed wood, broken masonry blocks, or other unsightly materials may not be used for fencing.
B. Allowed Fences:
(1) In residential and office districts maximum fence heights are as follows:
(a) Solid fences to a height of 36 inches or open-vision fences to height of 48 inches may be built within the front yard setback. Fences to a height of 72 inches may be built outside the front yard setback and along the rear and side property lines.
(b) Fences, walls, or plantings on or within the clear vision triangle shall be limited to 36 inches in height.
(c) Multiple fences, railings, and/or privacy screens within setbacks must be separated by a minimum distance of five-feet in order to be considered separate.
(2) Any variance from the above requirements shall be considered per Section 11-03-04.14, Variance.
(3) If a fence is to be erected upon and within public right-of-way, approval must also be obtained from the ACHD.
(4) In commercial districts, concrete and masonry walls of any height and fences over seven feet tall must also be approved by the Building Department.
(5) The property owner installing the fence must locate the fence entirely on their property or within an easement unless agreements are made with the adjoining property owners.
(6) All fences shall be maintained and kept structurally sound so as to not endanger life, property or become a nuisance.
(7) One ornamental gate/entryway in a front or street side setback may be allowed to exceed the fence height limits, provided the gate/entryway and does not exceed eight feet in height by six feet in width, and is not located within a clear vision triangle.
(8) Fences adjacent to micro-paths shall comply with Section 11-07-04.5.D(3).
4. Retaining Walls: The following shall apply to retaining walls located within setbacks:
(1) Individual retaining walls may not exceed three feet in height when located within a front setback or clear vision triangle. Individual retaining walls may not exceed six feet in height when located within any other setback. The height of retaining walls shall be measured from the finished grade adjacent to the exterior wall. (See Section 11-012-03/Definition of Grade). Attached fences, retaining walls, railings and privacy screens shall also be included in the total height.
(2) Walls must be separated by a minimum distance of five feet in order to be considered as separate walls.
(3) Multiple walls with a combined height that exceeds the height allowed in the setback may be approved through the Category II Hillside permit process when in compliance with the following conditions:
(a) The additional height is necessary and appropriate because of the size, configuration, topography, or other unique characteristics of the property;
(b) The Director and City Engineer have jointly determined that the height, location, and grading for the walls are the minimum necessary for reasonable development of the property;
(c) The additional height will not have any substantial detrimental effect on adjacent or nearby properties;
(d) Terraces between the walls are of sufficient width and depth to accommodate landscaping or other techniques designed to reduce the visual impact. Conditions requiring such techniques shall be incorporated into the permit; and
(e) Clear vision triangles are free of obstructions that exceed three feet in height.
5. Screening: All parking and storage areas (except those in conjunction with single family residences) including vehicle sales areas, truck parking areas, bus parking areas, and service drives shall meet the following standards: A solid screen with a height not less than five and one-half feet shall be provided when a parking lot is adjacent to residential land uses. This screen may include fencing, walls, or landscape combinations that will provide a dense barrier.
11-07-06: District-specific Development Standards
The standards in this section apply in addition to the generally applicable design and development standards this chapter unless indicated otherwise. Where there is a conflict, this Section shall prevail.
1. Residential-Office (R-O) Zoning District: Certain conditional uses in the R-O district may only be approved as part of a mixed use project of allowed uses such as office or residential and shall not exceed 30 percent of the gross floor area of the mixed use project. The conditional uses may be included within a permitted use building or in a separate building within a multi-building mixed use project. The conditional use may not be occupied until an equal amount of floor area of the principally allowed uses have been constructed to the core or shell stage.
A. Standards For Mixed Uses: The standards of this section shall apply to the listed uses as part of a mixed use development in the R-O district.
B. Retail Uses: The proportion of retail in mixed use development shall be not exceed 30 percent, except that the PZC may allow the proportion of retail to increase up to a maximum of 40 percent if the following criteria are met.
(1) Residential dwelling units represent the larger portion of the mixed use; or
(2) One or more of the following amenities are furnished at the developer's expense:
(a) Public Space: A public space (e.g., plaza, courtyard, pedestrian mall) with the following requirements:
i. A minimum square footage equal to 30 percent of the total building footprint,
ii. A minimum dimension of 20 feet,
iii. Shall be predominantly open above, designed for pedestrian use,
iv. At least ten percent shall be landscaped, and
v. Seating and other site amenities such as tables, trash receptacles, lighting, public art, and similar items shall be provided as appropriate.
vi. The PZC may allow private residential open space to constitute a portion of the public open space requirement; or
(b) Parking Structure: A parking structure with the following requirements:
i. The parking structure must provide at least 50 percent of the parking for the project.
ii. Below-ground parking structures shall be covered by a structure or by developed open space accessible to the public.
iii. Above grade structures shall be designed so that vehicles are not visible from adjacent public rights-of-way or pedestrian walkways, shall feature leasable floor space on the ground floor adjacent street(s), and shall have the same exterior surface materials as used on the principle building; or
(c) New Urbanism Design:
i. A design in which the buildings front on the sidewalk and the parking is located in no case closer to the street than the building.
ii. In the case of a parking lot beside the building, the width of the parking lot shall not exceed the width of the building.
iii. Parking lots may not be located at street intersections.
iv. A minimum ten-foot wide landscape strip shall separate all sidewalks from the street. The sidewalks shall be at least ten feet wide, of which the six feet closest to the street shall be established as a public easement.
v. The main entrance to the building shall face the street.
C. Planned Unit Developments: Planned developments in the R-O district shall comply with the provisions of Section 11-07-06.5, Planned Unit Development Standards, except as modified by the following:
(1) Minimum size provisions is 18,000 sq. ft.
(2) Area allowed for use exceptions will be based on the greater of land area or floor area.
(3) Special Use Provision: One square foot of residential use shall be provided for each gross square feet of use(s) approved by special exception.
2. Pedestrian Commercial (PC) Zoning District:
A. Building Types Allowed: Three types of buildings may exist in the PC District as follows:
(1) Rear Yard Building: This type of building occupies the front of its lot, full width, leaving the rear portion as a private space. The building facade clearly defines the edge of the public space while the rear elevation may be articulated for functional purposes. The depth of the rear yard can contain substantial parking.
(2) Side Yard Building: This type of building occupies one side of the lot with the primary open space to the other side. This type permits systematic climatic orientation with the long side yard elevation facing the sun or breeze. The side yard can be used for parking.
(3) Courtyard Building: This type of building occupies all or most of the edges of its lot while internally defining one or more private spaces. If the front or rear of the courtyard is left open, the courtyard interior may be used for parking.
B. General Provisions:
(1) Accessory And Ancillary:
(a) Accessory structures constructed in the rear yard only shall adhere to the standard setback requirements of this Code.
(b) All ancillary equipment or facilities (gasoline pumps, car washes, etc.) shall be set to the side or rear of the principal building.
(a) Driveways to parking areas shall not exceed 24 feet in width if two lanes or 12 feet in width if one lane.
(b) Alleys shall be 20 feet in width and constructed to the standards of the ACHD.
(c) Main customer access shall be in the front half of the building nearest the fronting street.
(a) Hedges, garden walls, and fences may be built on property lines provided that they do not obstruct sidewalks or drive aisles. No berms shall be allowed. Front yard fences and walls shall not exceed three feet in height. Side and rear yard fences shall not exceed six feet in height.
(b) Trash containers, mechanical equipment, and outdoor storage shall be located in the rear yard and shall be screened from view with a wood fence, brick wall, landscaping, or a combination thereof.
(c) Bays and garages may not face the street.
(a) Where a zero-foot setback is used on an interior side yard, building walls shall be constructed without windows and with an appropriate fire wall in order to allow for future attachment of an adjacent building.
(b) A minimum of 15-feet from a front yard setback is allowed on arterials when one or more of the following conditions are present, and subject to discretionary approval under Section E:
i. Legal on-street parking exists adjacent to the project;
ii. A landscape median exists in the roadway adjacent to the project; and
iii. The arterial is designed as a three-lane roadway adjacent to the project.
(c) Front and exterior side setbacks shall be measured from immediately behind the curb.
(5) Conditional Uses And Variances: Conditional use applications under this code are intended for unusual uses and/or larger projects that may not easily comply with the standards or intent of this code. When considering such a conditional use application, the PZC may grant deviations from the code (such as to allow a large shopping center to have buildings dispersed around a site, not just at curb-side) without need for granting of a variance, provided that the intent of the code is met to provide a pedestrian-oriented design and an attractive, uncluttered street scene that is not dominated by parking lots.
(6) Building Height Standards:
(a) Two to three-story buildings are preferred on arterials of four or more lanes.
(b) When a building is on a corner lot and has frontage on both an arterial and a collector, the height allowed for the arterial frontage may also be allowed for the collector frontage.
C. Parking Areas: A primary purpose of the PC district is to ensure that parking lots shall not dominate the street frontage, interrupt pedestrian routes, or negatively impact surrounding neighborhoods. Parking areas in the PC district shall conform to the generally applicable parking regulations of this Code, except as indicated this section.
(1) Location And Design:
(a) All parking areas shall be located to the side or rear of the principal building. Parking lots should be located behind buildings or in the interior of a block whenever possible.
(b) Parking areas shall not abut street intersections, be adjacent to squares or parks, or occupy lots that terminate a street vista.
(c) All sites, where feasible, shall provide cross-access to adjacent parcels.
(d) Alley-loaded covered parking shall be set back five feet and located behind a paved apron. If adjacent to a residential use or district, parking shall be set back fifteen feet.
(e) No off-street parking shall be located within any front yard, except as provided for in Section 0, Accessible Parking Spaces.
(f) Landscaping requirements shall be as established Section 11-07-05, with the exception of subsection D, Transition Yards and E, Street Yards below.
(g) No parking space shall be closer to the street than the building.
(2) Parking Ratios:
(a) For non-residential uses, the requirements of Section 11-07-03, Off-Street Parking and Loading Standards, shall apply except that they may be reduced ten percent (cumulative to 30 percent) for each of the following categories of criteria that the development meets:
i. Located on an active transit route.
ii. Located on a street with a striped bike lane.
iii. Includes an integrated residential component pursuant to this Code that constitutes at least one-third of the floor area of the development; or shares primary vehicular and pedestrian access with an abutting residential use (the residential street and sidewalk system bisect the shopping center and primary access to the pedestrian commercial development is taken from the residential street).
(b) No development may provide parking in excess of ten percent more than the minimum requirements established in Section 11-07-03, Off-Street Parking and Loading Standards.
(c) All developments are encouraged to provide joint use of parking facilities pursuant to Section 11-07-03.3.D of this Code. Allowance of joint use may be made in addition to the maximum 30 percent reduction allowed for in this Code.
(3) Bicycle Parking Required: All developments shall provide bike racks in a prominent location at a ratio of one space per 5,000 square feet of gross building area.
D. Transition Yards:
(1) Pedestrian Commercial lots that abut existing residential lots shall provide a screen/buffer between the two uses in order to minimize visual contact and create a strong impression of spatial separation. This may include a wall, wood fence, landscaped earthen berm, planted vegetation, existing vegetation, or any combination of these elements. Minimum planter width shall be ten feet. Intermittent planting of deciduous and evergreen trees shall obtain a height at maturity of no less than 20 feet and have no unobstructed openings wider than ten feet between tree canopies upon maturity. Species selection shall be provided for in accordance with the Boise Community Forester's Tree Selection Guide or with approval of the City Forester. Pathway, driveway, or roadway connections between uses may cross these buffer areas.
(2) When new residential development is proposed on a back or side lot, with shared parking and/or vehicular access between the PC district and the residential district, the transition yard requirements may be waived or modified by the approving body, provided that the landscape requirements of Section 11-07-05 are met.
E. Street Yards:
(1) Separated Sidewalk:
(a) A minimum ten-foot wide sidewalk, of which at least the outer five feet shall be secured by public easement, shall be constructed along the entire street frontage of the PC lot. The sidewalk shall be separated from the street curb by a landscape strip that meets the dimensional standards of this Code, except where the strip transitions to meet an existing attached sidewalk on adjacent properties or where other flexibility is granted by this Code.
(b) On arterials, the landscape strip between curbside and the public sidewalk shall be ten feet wide, unless an alternative reduced setback standard is granted based upon the criteria in Section 11-04-03.3.A, Exceptions in the Residential Zoning Districts and as allowed in subsections (c) or 11-07-06.2.E(2)(d), below. On local and collector streets, a five-foot wide landscape strip shall be provided. These landscape area dimensions shall be in addition to any utility easement that exists adjacent to the sidewalk or curb. Paved sidewalk connections between an attached sidewalk and the building shall be provided through the landscape area on 50-foot intervals at a minimum.
(c) Exception: In cases where the applicant can demonstrate that utility locations, existing mature landscaping or other unique circumstances preclude the use of a separated sidewalk as required by this Code, the DRC may allow alternative designs such as an attached sidewalk or a variation in the dimensions of the sidewalk and landscape strip, provided that street trees are still provided as required by the code.
(a) Minimum two-inch caliper trees shall be planted in the front and exterior side landscape area. Tree spacing shall be determined by the spread of the mature tree, so crowns of adjacent trees touch at maturity. Where possible, Class II or Class III species shall be used to provide the maximum environmental benefits. Species selection shall be approved by the City Forester.
(b) Where any building or combination of buildings has a continuous street facing facade 100 feet or greater in length, provisions for a Class II or III tree within a sufficiently sized landscaped building offset shall be incorporated into the project subject to the approval of Design Review and the Boise City Forester.
(c) All species planted within public rights-of-way shall have the approval of the City Forester and be in compliance with the City Tree Ordinance (Title 7, Chapter 2).
(d) Alternatives to the provision of the full width front and street side landscape area (such as tree wells and street furniture) may be allowed with design review and City Forester approval in instances where pedestrian activity is expected to be high, adjacent roadway design (per 11-07-06.2.B(4), Setbacks) is conducive to smaller setbacks and/or the surrounding streetscape would be more compatible with alternative landscape and hardscape treatments. In these cases, the setback from back-of-curb may be reduced through reduction of landscape area. The presence of overhead utility lines in the landscape area may also be cause for modifications to the tree planting requirements of this Code, subject to design review and City Forester approval.
F. Residential Units: Residential uses are allowed as a secondary use at ground level or on upper floors above commercial or entertainment uses on the ground floor subject to the setbacks and height limitations stipulated in this Code. In addition, the following standards shall apply:
(1) Private open space (patio or balcony) per unit shall be a minimum of 60 square feet.
(2) The parking requirement shall be one space/unit plus one-half space for each bedroom beyond two.
(3) Parking must be accessed from the same driveway as the commercial parking area, and, residential parking spaces may be designated for the exclusive use of the residents.
3. Central Business (C-5) Zoning District:
A. Development Standards:
(1) Warehouse, storage, repair, manufacture, and similar uses or related activities shall be conducted in an enclosed structure.
(2) The sides of a building shall be designed to minimize environmental impacts such as glare, reflected heat, and wind. High quality non-reflective materials such as stone, tile, and brick are encouraged.
B. Ground Floor Retail Design: Design criteria shall be as follows:
(1) At least 70 percent of the ground level, street facing facade(s) must abut and be oriented to a public sidewalk or plaza.
(2) Shall be accessible to the pedestrian from the sidewalk or plaza.
C. Sidewalk Improvements Required: A continuous public walkway, located between the face of building and adjacent street or a street vacated for vehicular use, is required to provide for an improved pedestrian experience.Adopted city standards apply, except that where this section specifies more restrictive criteria, this section shall control. Design criteria shall be as follows:
(1) Size: The minimum width for clear pedestrian movement shall be seven and one-half feet. The overall width shall be at least 13 and one-half feet.
(2) Pattern: Location of pedestrian zone, and amenities zone, shall be consistent with adjacent blocks. The paving pattern and the placement of trees and pedestrian amenities shall be unobstructed.
(3) Surface Treatment: Surface shall be skid resistant, free of surface obstruction, and of a smooth gradient. The cross slope shall freely drain and not exceed four percent gradient.
(4) Street Trees: Trees shall be consistent with adjacent tree species (except when existing trees do not comply with city standards). Trees shall be two and one-half to three-inch caliper, symmetrical, and shall provide no physical or visual obstructions. Spacing shall be of a consistent pattern, with a minimum of 21 feet, and a maximum of 40 feet between trees.
(5) Pedestrian Amenities: Pedestrian amenities may include benches, bollards, newsstands, kiosks, tree grates, bicycle racks, planters, and trash receptacles. Elements shall be constructed of durable materials; of adequate quantity to meet the intended level of use; and compatible with the design of the space.
(6) Pedestrian Lighting: Shall be a minimum of 12 feet and a maximum of 16 feet in height, shall replace mid-block high mast lighting, and be normally spaced at 60 feet apart.
D. Floor Area Ratio Bonus: Buildings within the C-5 zone may exceed the maximum Floor Area Ratio (FAR) stated in Table 11-04.7, Dimensional Standards for Commercial Zoning Districts and Table 11-04.9, Dimensional Standards for Industrial Zoning Districts, in accordance with the following:
(a) A FAR bonus shall be awarded for an amenity feature if it complies with the required minimum design standards.
(b) Selection of amenities shall be subject to approval by the Design Review Committee to ensure conformance with adopted standards for the Downtown Policy Planning Area.
(2) Amenities: The following amenities shall be furnished at the developer's expense.
(a) Landscape Feature: An open space located at or near grade. Landscaped areas shall be in addition to other landscaped areas required by this Code. The minimum area shall be 200 square feet, or ten percent of the site, whichever is greater. The minimum width shall be five feet or ten feet if trees are utilized. The area shall be visible to adjacent vehicular and pedestrian traffic in the public right-of-way. Amenities may include lighting, water, art and provisions for seating.
i. FAR Bonus: 5:1 maximum, measured as gross square footage of permitted development for each qualifying square foot of area.
(b) Plaza: A public plaza of at least 500 square feet and 20 feet wide in any direction. A plaza space shall be predominantly open above; and designed for pedestrian use only.
i. FAR Bonus: 12:1 measured as gross square footage of permitted development for each qualifying square foot of area.
ii. Design Criteria:
A. Environmental Considerations: Plaza shall be located to minimize vehicular noise and prevailing winds. Solar protection shall occur from orientation or adequate tree canopy.
B. Accessibility (Physical & Visual): Plaza shall be visible from the public right-of-way. Three feet of vertical change to the adjacent street is permitted.
C. Compatibility (Location & Materials): Materials shall reflect those used on-site for the primary structure. Plaza layout shall be compatible with surrounding uses.
D. Aesthetics: The space shall be well proportioned, inviting, and compatible with its immediate context.
E. Landscaping: Between five percent and 30 percent, of the area shall be landscaped. Seasonal flower plantings shall be incorporated. Tree grates shall be provided if trees are included.
F. Surface Treatment: Paving shall be compatible and complimentary to surrounding uses.
G. Seating: At least two linear feet of seating shall be provided for each 100 square feet of plaza area.
H. Site Amenities: Trash receptacles and security lighting are required. At least one of the following shall also be included if appropriate seating areas, tables, tree grates, bollards, shelter structures, water, fountains, art, historic artifacts, and kiosks.
I. Special Features: Shall be included if appropriate to the design of the space. Includes: water, fountain, art, historic artifacts, etc.
(c) Residential Development: Residential units for sale or lease located within a structure that is developed as an integral part of a building or building complex.
i. FAR Bonus: 4:1, measured as gross square footage of non-residential development area for each qualifying square foot of residential development area restrictions.
ii. Below-grade residential units shall not be included in the square footage calculations for bonus floor area.
iii. Hotel or motel units shall not be included in the calculations for bonus floor area.
iv. Common hallway areas shall not be included in square footage calculations for bonus floor area unless the entire floor is residential.
(d) Parking Structure: A parking facility located within a structure.
i. FAR Bonus: 4:1, measured as gross square footage of development area for each qualifying square foot of parking structure located below grade; 1:1 one square foot for each qualifying square foot of parking structure located at or above grade.
ii. Design Criteria:
A. Below-grade structures shall be covered by a structure or developed open space that is accessible to the public.
B. Parking shall be enclosed so vehicles are not visible from adjacent public rights-of-way or pedestrian walkways.
C. The same materials used on the principal building must be used on the parking structure.
D. Parking maneuvering areas may be included in the calculations for bonus floor area.
4. Residential Modular (R-1M) Zoning District Design Standards:
A. Site Orientation: Multiple dwellings in a single building are allowed only in townhouse or row house design, with one dwelling per lot and with the dwellings attached at the common lot line. Units must have an entrance visible from the street and a sidewalk to the entrance from the street. On a street corner these features may be on the exterior side of the building. Where feasible, a detached sidewalk with a street landscape strip is preferred.
B. Architectural Elements: Attached units must have a facade or roof treatment that distinguishes it from the other attached units. Architectural treatments used may include individual pitched roofs, modulated facades, porches, different siding materials and colors, dormers and pop-outs, or vertical windows. These architectural treatments may also be used to demonstrate acceptable design for single family detached units.
C. Open Space: Units have individual on-site (backyard/courtyard) or common area open space equal to ten percent of the lot area. Open space must be at least12 feet wide and may not be located within setback areas, except in the case of zero-foot lot line developments where interior side yard setback areas may be used as open space. Common area open space may not be closer than five feet to a dwelling unit opening. Decks and balconies shall not constitute open space.
D. Landscaping: One deciduous tree of at least two-inch caliper shall be planted in front of each unit.
5. Planned Unit Development Standards: For planned unit developments, changes from zoning district development standards may be approved in accordance with this Section.
A. Planned Development Size: The minimum size for a planned development shall be as follows:
(1) Residential - no minimum.
(2) Commercial - one acre.
(3) Industrial - five acres.
(4) Office - two acres.
(1) At least two of the following amenities shall be provided in projects greater than one acre in size:
(a) Energy conservation measures such as solar energy, heating, or water heating capacity or water conservation measures such as the use of drought-tolerant plants.
(b) Private recreational facility, such as a swimming pool, tennis court, playground, or picnic area, in scale with the development.
(c) Landscaped open space of at least ten percent of gross development area. Setbacks are not included in the calculation of the gross area. The open space shall be designed so as to benefit all residents.
(d) Public access to or additions to the Boise River Greenbelt, neighborhood park system or other public open space.
(e) A Class I public bicycle circulation system to connect to existing or planned routes on the periphery of the development. Such facilities shall be designed and constructed in accordance with The Bicycle Pedestrian Design Manual for Ada County.
(f) Other amenities as approved by the PZC or Hearing Examiner.
(2) Residential planned developments on less than one acre shall provide each dwelling unit at least 100 square feet of open space.
C. Required Setbacks:
(1) Attached structures may be permitted in planned developments.
(2) Along the periphery setbacks must meet the district standards.
(3) At the periphery, the setbacks should, match the setbacks of existing development. For example, side setbacks should be provided adjacent to side setbacks, rear setbacks adjacent to rear setbacks and front setbacks opposite front yards.
D. Residential Density: The maximum number of dwelling units shall be calculated by multiplying the number of acres set aside for residential uses by the maximum density number from the tables in Chapter 11-04, Zoning Districts.
E. Residential Uses: A variety of housing types or residential uses may be included in planned developments including attached units (duplexes, townhomes), detached units (patio homes), single family dwelling units (except mobile homes and manufactured homes, see Section 11-06-03.1.D), and multiple family units (three or more units) regardless of the zoning classification of the district, provided that the overall density of the zone is maintained. Duplexes reviewed as part of a planned development shall meet the design criteria of Section 11-06-03.1.B, Dwelling Duplex.
F. Amenities Waived For Residential Infill Planned Developments: In reviewing residential infill planned development, the PZC may allow exceptions to the amenity standards of this Section.
11-07-07: Historic Street Light Districts
This Section establishes the criteria for historic street light districts. Where a historic street light district is established pursuant to this Section, the standards of this Section shall apply.
1. District Locations: The following areas may be considered appropriate locations for improvement with historic street lights:
A. Gateway Streets;
B. Historic districts;
C. Conservation districts;
D. Any area to which the Downtown Plan is applicable; and
E. Any other areas with historic character.
Figure 11-07.12: Maps of Historic Street Light District
3. Requesting A New Or Expanded District: Request for inclusion in a historic street light district shall be made in writing to the Director and the Public Works Director. The request will be forwarded to the Public Works Commission and the DRC for their recommendation to Council.
4. Decision Criteria: The decision to make an area into a historic street light district will be based on the following:
A. Appropriateness of location based on subsection A, above.
B. Source and availability of funding of initial installation (both city and outside funding sources).
C. Source and availability of funding for continued maintenance.
5. Installation And Maintenance: All installations shall be installed and paid for by the developer of the project, shall meet current Public Works standards and be approved and inspected by Public Works. If the installation is not associated with a specific development, the applicant shall contract the work with technical assistance provided by Public Works. Upon completion and successful inspection, Public Works will accept ownership of the lights and assume responsibility for operation and maintenance costs.
6. Established Lighting Districts: The following are existing historic street light districts. Maps showing the exact location of each district are appended to this Code.
A. Vista Historic Street Light District,
B. Hyde Park Historic Street Light District,
C. Warm Springs Historic Street Light District,
D. Downtown Historic Street Light District, and
E. Harrison Boulevard Historic Street Light District.
7. Spacing Requirements:
A. General: The spacing standards for each historic street light district are listed below. These standards establish general location requirements only; exact locations will be determined in consultation with the Public Works Director. Generally, historic street lights shall be located to match the street light on the opposite side of the street. When a District is fully built out, historic street lights shall be replaced to maintain the current location.
B. By Sub-District:
(1) Downtown district: Set standard, as adopted by latest approved Capitol City Development Corporation design standards. See exceptions listed below.
(2) Vista Avenue district: Three lights per block evenly spaced along street.
(3) Harrison Boulevard district: Lights shall be located at either end and center island.
(4) Hyde Park district: 65 to 75 feet spacing, both sides of the street.
(5) Warm Springs district: Three lights per block evenly spaced along street.
8. Exceptions: Following are the areas which are exceptions to the Historic Street Light District but fall within the areas mentioned above:
A. The Grove Plaza.
B. 30th Street Area.
C. Broad Street.
9. Special Street Light Districts: The following are special street lighting districts. Maps showing the exact location of each district follow this section. The requirements for expansion of the district and installation and maintenance follow the above requirements.
A. The Grove Plaza:
(1) The light for this area is the Landscape Forms FGP 12-foot light. Model numbers and light requirements can be obtained from the Public Works Department.
(2) The locations of the lights will be regulated by the Public Works Department.
B. 30th Street Area: Main Street south to the Connector and following district boundary east and west.
(1) The light for this area is the EPAX Eurotique Aluminum Pole Series 12-foot light. Model numbers and light requirements can be obtained from the Public Works Department.
(2) Four lights per block evenly spaced on the east and west running streets.
(3) North and South Street shall have a light at the alley. Locations to be determined by the Boise City Public Works.
C. Broad Street: Broad Street from Capitol Boulevard to Second Street.
(1) The Lights for this area is the EPAX Eurotique Aluminum Pole Series 12 foot, Eurotique Arms and Antique Street Lamps Munich Pendant. Model numbers and light requirements can be obtained from the Public Works Department.
(2) Light locations are to be determined by the Public Works Department.
11-07-08: Hillside And Foothills Development Standards
1. Purpose And Intent: To development of hillsides and foothills is consistent with the Boise City Comprehensive Plan and to ensure protection from hazards due to slope, erosion-prone soils, unstable soils, earth movement, and other geologic and hydrologic hazards.
2. Applicability: These provisions shall apply to development on properties where the slope exceeds 15 percent or where adverse conditions due to slope stability, expansion soils, high water table and springs, erosion, or sedimentation are present as determined by the Director or City Engineer.
3. Categories Of Hillside Development Permits: The director (with input from the City Engineer) shall determine whether an application may be processed as a Category I, II, or III permit.
A. Category I: Category I permits are issued by the Director for minor, routine construction on prepared building pads and single-lots that do not involve significant grading. For example:
(1) Single-family residential homes or accessory structure placed on lots needing little modification, in a development for which a Category III permit has previously been issued.
(2) Single-family residential homes or accessory structures, placed upon lots of record that; comply with approved building envelopes and limits to grading; and, for which Category II permit criteria are not exceeded.
B. Category II: Examples of the development requiring a Category II permit are:
(1) Exterior additions to existing structures; or
(2) Grading with significant modification of approved topography; including:
(a) A retaining wall which is greater than four feet of exposed height or more than one retaining wall when the horizontal distance between retaining walls is less than ten feet and the total of all exposed retaining walls exceeds four feet in height.
(b) An excavation or fill which exceeds the limits as defined International Building Code Chapter 18 and Appendix J as amended by Boise City Code Chapter 9-1.
(3) Access roads or driveways in excess of 100 feet in length or in excess of 15 Percent grade. Such driveways shall be reviewed for impacts on drainage and soil stability, emergency access, access to the public street and potential physical impacts on neighboring properties.
(4) Multiple retaining walls located within setbacks, per Section 11-07-05.4, Retaining Walls.
C. Category III: Category III permits are for PUDs, preliminary subdivision plats, or grading involving modification of approved topography beyond that allowed under Categories I and II, including:
(1) Projects where the Director, with input from the City Engineer, determines that slope stability or drainage problems exist.
(2) Projects involving modification of pre-graded lots in excess of 30 percent of the volume of previous excavation or fill or 30 percent of the surface area by square footage.
(3) Projects involving modification of lots with natural topography in excess of 30 percent of the surface area of the lot.
(4) Projects not defined as a Category I or II but that fall under the purview of this chapter.
4. Hillside Development Restrictions: Any area that presents one or more of the following limiting factors shall not be subject to development unless the project engineer can demonstrate satisfactorily to the City Engineer, based on the required technical reports, that these site limitations can be overcome in such a manner as to minimize hazard to life, hazard to property, and adverse effects on the safety, use, or stability of a public way or drainage channel. Such site limitations to be overcome shall include but not be limited to the following:
A. Landslide areas or scarps, or areas of active landslides.
B. Lines of active faults.
C. Areas with expansive soils or collapsible soils.
D. Slopes greater than 25 percent.
E. High water table and springs.
5. Hillside Development Standards:
A. Standards Applicable To All Categories Of Hillside Development Permits:
(1) Planning of development shall account for the topography, soils, geology, vegetation, outstanding features such as outcropping and cliffs, hydrology and other conditions existing on the proposed site.
(2) Development shall be oriented on the site so that grading and other site preparations are kept to a minimum.
(3) Essential grading shall be completed during site preparation, rather than left for future lot owners so that:
(a) Shaping shall blend in with existing topography to minimize the necessity of padding or terracing of building sites; and
(b) Building pads and terracing shall be graded to blend into the natural contours.
(4) Paving shall be completed within 60 days after final grading (final grading any grading done after the placement of utilities).
(5) Areas not well suited for development because of soil, geology, vegetation, or hydrology limitations shall be reserved for open space.
(6) Disruption of existing plant and animal life shall be minimized.
(7) Innovative methods of slope and soil stabilization, grading, and landscaping are encouraged.
(8) Multiple access points and street grades that meet requirements of the Fire Department and ACHD shall be provided.
(9) Pedestrian access to and through the project shall be provided.
(10) Conformance Bond and Surety: A bond and surety agreement or an irrevocable letter of credit in an amount of 110 percent of the cost estimated by the City Engineer is required to enable restoration of the site if the project is not completed as approved. The bonding shall be provided prior to the issuance of a grading permit or signing of the final plat by the City Engineer.
(11) Prior to issuance of a grading permit, the owner and/or developer shall provide a legally binding easement allowing the City of Boise and/or its agents to enter upon the property to do work, as deemed necessary by the City Engineer, to restore the site's appearance and drainage in case of non-completion or substantial deviation from the approved plans of the project by the developer/owner.
(12) All work must be performed in accordance with the latest approved contract plans and specifications. Work not in accordance may not be accepted. Revisions to the plans and specifications shall be submitted to the City Engineer and Planning Director, allowing sufficient time for review, comment, revision and approval.
B. Grading Standards:
(1) No grading, filling, clearing, or excavation of any kind in excess of 50 cubic yards or stripping of vegetation shall be initiated until the required final grading plan is approved by the Public Works Department and a grading permit is issued.
(2) Fill areas shall be prepared by removing any organic material that is determined by the geotechnical report to be detrimental to proper compaction or otherwise not conducive to stability.
(3) Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan or imported from outside the hillside areas of Ada County. No cuts shall be permitted solely for the purpose of obtaining fill unless approved in the grading plan.
(4) All retaining walls higher than four feet shall be engineered so that structural members are keyed into stable foundations and are capable of sustaining the design loads.
(5) Fills shall be compacted to at least 95 percent of maximum density, as determined by AASHTO T-99, ASTM D-698, ASTMD-1557 or greater as recommended by the geotechnical report. The frequency of compaction testing shall be addressed in the geotechnical report and shall be approved by the City Engineer.
(6) Cut slopes shall be no steeper than two feet horizontal to one foot vertical unless it can be shown by the project geotechnical engineer that steeper slopes are feasible, taking into account safety, stability, erosion control, and re-vegetation. For cut slopes steeper than two feet horizontal to one foot vertical, subsurface drainage shall be provided as necessary for stability.
(7) Fill slopes shall be no steeper than two feet horizontal to one foot vertical unless it can be shown by the project geotechnical engineer that steeper slopes are safe, stable, erosion resistant, and can be adequately re-vegetated. Fill slopes shall not be located on natural slopes two to one or steeper, or where fill slopes toe out within 12 feet horizontally of the top of an existing or planned cut slope.
(8) Prior to placement of fill, the ground shall be prepared in accordance with the International Building Code Chapter 18 and Appendix J as amended by Boise City Building Code Chapter 9-1. Subsurface drainage shall be provided as necessary for stability.
(9) Tops and toes of cut and fill slopes shall be set back from property boundaries in accordance with the requirements of the International Building Code Chapter 18 and Appendix J as amended by Boise City Building Code Chapter 9-1.
C. Re-Vegetation And Erosion Control Standards:
(1) Vegetation should not be disturbed beyond the limits of the approved grading plan.
(2) Topsoil removed during construction shall be conserved for later use on areas requiring re-vegetation or landscaping.
(3) Topsoil shall be placed at a minimum thickness of four inches.
(4) The minimum acceptable plant coverage is 80 percent two years after planting.
(5) Seed mix shall include deep-rooted plants and subsequent planting of seedlings.
(6) Erosion shall be controlled to prevent deposition of sediment on adjacent property.
D. Hydrologic Controls:
(1) Interceptor ditches or other methods approved by the City Engineer shall be established above all cut or fill slopes, and the intercepted water shall be conveyed to a stable channel with adequate capacity. Provision for ditch maintenance must be approved by the City.
(2) Curb, gutter and pavement design and lot grading shall be such that water on roadways is prevented from flowing off roadway, except in conveyance conduits.
(3) Natural stream channel shall be stabilized using a method acceptable to the City Engineer.
(4) Runoff from areas of concentrated impervious cover such as roofs, driveways, and roads shall be retained on-site or collected and transported to a channel with sufficient capacity to accept the discharge without erosion or flooding. Provision should be made by the owner or developer for the cleaning of drainage facilities from the onset of construction through the completion of the project.
(5) Waste material from construction, including soil and other solid materials, shall not be deposited within the 100-year flood plain unless the City Engineer concurs that there is no reduction in storage and flow capacity of the flood plain.
(6) Drainage systems shall be designed to accommodate a 100-year flood event.
(7) With the exception of road crossings, approved drainage structures, and recreation and open space uses that do not involve the destruction of vegetative cover, development shall be prohibited within the 100-year floodway.
(8) Sediment catchment ponds shall be constructed and maintained downstream from each development unless sediment retention facilities are otherwise provided. Any facility used shall provide for the removal of surface debris and contaminants, as well as sediment retention. The facilities shall be designed to facilitate maintenance at minimal cost. Each completed phase of a drainage system shall be designed for the 100-year occurrence.
(9) The overall drainage system shall be completed and made operational at the earliest possible time during construction.
(10) Alterations of major floodways shall only be made with approved drainage conveyance systems and structures as approved by the City Engineer, Army Corps of Engineers, and FEMA.
(11) Natural streams or improved open channels shall be preserved or provided for in major (ten acres or larger)catchments except where otherwise approved by the City Engineer. In minor catchments, drainage shall be permitted to be enclosed in conduits.
(12) Flow rates from a newly developed site shall not exceed the flow rate from the site in its natural condition prior to development. Exceptions shall be appropriate if compliance with the prior sentence creates more adverse impacts to the overall drainage area than other drainage alternatives.
(13) Drainage facilities shall be designed to coordinate with any Master Drainage Plan for the drainage basin in which the proposed development is located.
(14) Special drainage facilities or an overflow path for floodwater shall be designated in all locations where there is a sag in the profile of the street or at the end of a cul-de-sac that is lower than the intercepting street. Restriction shall be placed to protect the overflow path from the future building of any fence, shed, dwelling, or obstruction that would impede the flood flow.
E. Roadways And Circulation:
(1) Roads shall be designed to minimize land coverage and soil disturbance.
(2) Existing deep-rooted perennial vegetation shall be preserved to the extent possible.
(3) Variations in road design and construction and right-of-way requirements shall be sought through ACHD in order to keep grading and cut or fill slopes to a minimum.
(4) Road alignments should follow natural contours; cul-de-sacs and common driveways are encouraged.
(5) One-way couplets shall be encouraged where appropriate for the terrain and where public safety would not be jeopardized. Road width shall be a minimum of 20 feet to allow the passage of emergency vehicles.
(6) If the sidewalk is to be installed parallel to the roadway on fills, the slope shall be rounded for four feet from the back of the sidewalk.
(7) A pedestrian pathway shall be required as approved by the PZC. (See 11-07-04.4, Pedestrian Access.)
(8) Combinations of collective or common private driveways, cluster parking areas, and on-street parallel parking bays shall be used where possible to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design, and aesthetic sensitivity.
F. Maintenance: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved under the provisions of the this Section, or a building permit granted by the Development Services Department, within a subdivision approved under the provisions of this Section 11-07-08, Hillside and Foothill Development Standards, shall maintain in perpetuity and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means, or devices deemed not to be the responsibility of the ACHD or other public agency, and plantings and ground cover installed or completed. Such requirements shall be incorporated into the protective covenants for any subdivision or development.
G. Waivers: The developer, the project engineer, or the developer's representative may request a waiver of any of the provisions of this Section. The request shall be made to both the Director and the City Engineer. The Director and City Engineer shall notify the public of the request for waiver in accordance with Section 11-03-03.4, Step 4: Notice. After public notice and comment on the waiver request, the City Engineer and Director will review and decide on the proposed waiver. The decision may be appealed to the Council.
H. Inspection And Enforcement:
(1) All construction subject to these regulations shall be subject to inspection by the City Engineer and Planning and Development Services Department in addition to inspections by the Project Engineer and consultants. When required by the City Engineer, special inspections and special testing shall be performed to verify conformance with these regulations. The cost of special inspections and special testing shall be borne by the developer.
(2) If the City Engineer determines that any portion of the project is not in conformance with the requirements of this Chapter and no waiver of such requirements has been granted, the City Engineer shall notify, in writing, the Project Engineer and/or Developer. The Project Engineer and/or Developer shall take prompt action to resolve the problem(s) enumerated. If corrective action is not taken to the satisfaction of the City Engineer then the City Engineer shall cause a stop work order be issued by the Planning and Development Services Department, notify the agency issuing the bond or irrevocable letter of credit, shall cause the necessary work to be performed at the developer's expense, not sign the final plat, cause the Planning and Development Services Department to not issue any additional building permits for this development and/or collect on the bond or irrevocable letter of credit.
6. Application Procedure: A hillside and foothill development permit may be obtained by submitting an application(s) in one or two stages as follows:
A. As a detailed hillside and foothill development plan, on an application form to be provided by the Planning Director and including all information required by this chapter.
B. As a conceptual master plan.
(1) The applicant must specify on the application form that concept approval is being requested and must be accompanied by a request for rezoning if the land is not zoned for the intended use. A concept approval is a statement by the City of Boise that a general development plan including the general arrangement of uses, density, location of major streets, open spaces, utilities, etc. is acceptable. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of preparing detailed building plans until after the concept approval. It provides the developer and the City with guidelines for the design of each phase of a project. Supporting information shall be required for concept applications as determined by the Planning Director.
(2) A concept plan which falls under the purview of this section will by its nature require more detailed engineering studies than concept plans in less sensitive areas. Therefore, at least generalized plans for drainage, grading and utility service shall be provided with the application.
(3) Each phase of a concept approval requires detailed hillside and foothill development approval through a new application, fee and public hearing. Conditions attached to applications for detailed hillside and foothill approval shall not exceed the parameters of the conditions of approval attached to the concept plan so long as the concept plan has not expired. Submittal requirements are the same as for a detailed hillside and foothill development application that is processed and reviewed in one step.
C. Hearings: The concept and detailed Hillside and Foothill Development applications are both subject to the public hearing requirements of Section 11-03-04.17.
D. The requirement for a public work session on phases of a conceptual master plan may be waived by the Planning Director if:
(1) The detailed submittal conforms to the approved concept plan.
(2) The phase of the project involves development on slopes less than 15 percent.
7. Term Of Permits:
A. Due to the special problems related to hillside developments, the applicant or developer shall have 36 months in which to affect a hillside and foothill development permit after approval by the PZC. Within this period, the holder of the permit must:
(1) Acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of structures in this context shall include sewer lines, water lines, streets, or building foundations;
(2) Commence the use permitted by the permit in accordance with the conditions of approval;
(3) For conceptual hillside and foothill development permits, submit an application for a detailed hillside and foothill development permit; or
(4) For projects which require platting, the plat must be recorded within this time frame.
B. For phased projects each phase must be submitted within 24 months from the date of the concept approval or the date of approval of the previous phase, unless the PZC specifically approves a different phasing schedule.
C. The PZC may also fix the time or period within which the permit shall be completed, perfected, or bonded. If the conditions of approval are not completed or bonded within such period, said permit shall lapse.
(1) The PZC may, upon written request by the holder, grant a one-year time extension to an unexpired conceptual or detailed hillside and foothills development permit.
(a) A maximum of three extensions may be granted to initiate the project or a phase of a project.
(b) Additional conditions of approval may be required based upon the existence of legal requirements not existing at the time of the original approval.
(2) Upon receipt of written request for extension, the Director shall determine if a hearing on the request is required, based on the following considerations:
(a) Detailed Permits:
i. Whether there have been significant amendments to the Boise City Comprehensive Plan or Title 11, Boise City Code, which will apply to the subject permit;
ii. If significant land use changes have occurred in the project vicinity which would adversely impact the project or be adversely impacted by the project;
iii. Whether hazardous situations have developed or have been discovered in the project area; or
iv. If community facilities and services required for the project have become inadequate.
(b) Conceptual Master Plans: Concept plans are encouraged to facilitate good planning in the Boise foothills. Developers must have some assurance that concept plans that have been initiated in accordance with existing ordinances and conditions of approval may be completed under the originally applied standards. Therefore, approved conceptual master plans will not be subject to new ordinance requirements if the following findings are made:
i. The applicant has made significant on- and off-site improvements that implement the overall plan such as the extension or on-site installation of water mains, sewer lines, streets, and utilities;
ii. If development of previous phases of the plan have occurred in such a manner that it is physically impossible or economically unfeasible to comply with the new ordinance standards;
iii. The applicant demonstrates that application of the new standards will make it impossible or totally unfeasible to complete the remaining phases of the concept plan; and
iv. If any of the considerations in i, ii, or iii above are found to exist with regard to the project for which an extension is sought, a hearing shall be required.
(3) If a hearing is required, notice shall be provided as described in Section 11-03-03.4 of this Code and a new application and fee must be submitted in compliance with current plans and ordinances and in accordance with the application procedures of this chapter.
8. Modification And Revocation:
A. Upon application by the holder of a hillside and foothills development permit, the PZC may modify the conditions and limitations of the permit in accordance with the limitations and requirements of Section 11-03-04.17. The PZC may revoke or modify a hillside and foothills development permit, upon notice and hearing, for breach or violation of any condition or limitation of said permit.
B. Administrative Review Of Minor Modifications:
(1) The PZC may delegate to the Director authority to consider minor modification to approved hillside and foothill development permits. Minor modifications to Category III permits shall be limited to the following considerations:
(a) A reduction in development density which does not exceed 25 percent of the total units.
(b) A relocation of dwelling units, building pads, or building envelopes for some practical reason such as road alignment, topography, access, solar access, or stability in hillside areas.
(c) A change in the approved phasing plan or schedule.
(d) A modification to recreation area or open space design, but not including elimination or significant reduction.
(e) Minor change in proposed location of building envelope.
(2) Prior to approving a minor modification, the Director shall determine that the following are true:
(a) The requested modification was not specifically appealed during the public hearing process; and
(b) The requested modification will not cause adverse physical impacts on adjacent properties.
9. Application Requirements: All required information shall be prepared in conformance with the adopted Boise City Public Works Hillside Development Manual.
11-07-09: Foothills Planned Development Standards
1. Purpose And Intent: To implement residential subdivision density and design elements of the Comprehensive Plan in the Foothills Planning Area. It is also designed to protect and promote preservation of contiguous areas of Foothills open space that contain important and significant natural and cultural resource values, as identified in The Plan and this ordinance.
2. Applicability: The Foothills Planned Development Ordinance shall apply to all proposed developments in the Foothills Planning Area where an annexation and/or rezone is required.
3. General Application And Development Requirements:
A. All developments shall be processed as Planned Developments (PDs) Section 11-03-04.7.
B. Planned development proposals shall include applications for an annexation, a development agreement, a preliminary plat subdivision, a "Hillside and Foothill Areas Development" permit, and where applicable, a floodplain permit. The initial applications may consist of conceptual applications as described in Appendix A, Phase II.
C. Upon annexation the buildable areas of the PD shall be zoned "R-1A," Single-Family Residential, with the density and design further controlled by the provisions of this ordinance. Slope protection and preserved open space areas shall be zoned A-1 or A-2.
D. Developments shall be required to connect to municipal water and sewer services and participate in other municipal service districts as applicable.
E. Density bonuses do not add to buildable area to be developed, they simply add to the number of units allowed.
4. Density Bonus:
A. Basic Provisions Of The Density Bonus:
(1) A density bonus pursuant to the formula in Table 11-07.9 shall be granted in return for preservation of open space.
(2) Density bonuses do not increase the area that may be developed. Rather, they increase the number of units that may be developed within the buildable area.
(3) The base density is according to that stated in the existing base zoning district(s).
(4) The bonus density units may be added to the density base units without the requirement for additional open space preservation.
(5) The density bonus is based upon the ratio of buildable area to be preserved as open space, to the buildable area to be developed. See Chapter 11-012, Definitions, for the definition of "Buildable Area."
(6) Open space or density bonus points are allowed between the numbers shown in Table 11-07.9, Density Bonus Formula, provided that the formula is unchanged.
(7) The density formula may be adjusted to allow density transfers from non-contiguous parcels after a Transfer of Development Rights (TDR) ordinance is in effect.
|Table 11-07.9 - Density Bonus Formula|
| Built Area|
| Open Space|
| Density Bonus|
| Buildable Area On|
100 acres After
Open Space Set-
B. Eligible Preserved Open Space: Preserved Open Space Eligible for a Density Bonus as per the formula in Table 11-07.9, Density Bonus Formula, shall meet the following requirements:
(1) Slopes shall be 25 percent or less. Size shall be at least one acre with a minimum average width of 30 feet.
(2) Public rights-of-way that connect development pockets, and provide access to public open space may be included in the density calculation for open space, roads within a development pocket shall not be included. Rights-of-way that have dwelling units fronting or siding onto them shall not be included.
(3) Shall be classified as Priority Open Space in Section D below.
C. Ineligible Preserved Open Space: The following may not be considered as preserved open space in the density bonus calculation, except as may be provided in subsection D:
(1) Urban development such as club houses, tennis courts, swimming pools, dirt bike tracks, golf driving ranges, and similar uses that dramatically alter land from its natural state;
(2) Commercial land uses; and
(3) Internal park sites may only be included as eligible open space when in a primarily natural condition and include a significant opening from the subdivision into a larger designated open space area outside the subdivision.
D. Priority Open Space Eligibility:
(1) The city recognizes that the foothills provide a great degree of variability in landforms, environmental habitats and cultural resources. Some areas may have a combination of characteristics that cause them to be considered worthy of special incentives for preservation, even if they do not meet the normal size, slope, or dimensional requirements necessary to qualify as open space eligible for a density bonus as per paragraph B above. When these areas are identified on a property and proposed for preservation, the PZC may classify them as priority open space and allow all or a portion of them to qualify for the granting of a density bonus.
(2) In order to qualify for a density bonus, Priority open space lands demonstrating four of the characteristics listed below in (a) may qualify for a density bonus as high priority open space lands.
(3) Priority open space, when it exists, should be used in balance with other forms of eligible open space to meet the requirements of this Code. The amount allowed to qualify as open space eligible for a density bonus shall be discretionary based upon the degree to which it meets or exceeds the minimum criteria established in this section.
(a) Priority Open Space Characteristics: Four of the following characteristics of priority open space, must be present to be eligible for a density bonus:
ii. Riparian areas;
iii. Rare plant communities;
iv. Critical deer and elk winter range and migration corridors;
v. Potential Public Preservation Sites as documented by the HPC;
vi. Unique geologic or visual features;
vii. Archeological or other historic sites;
viii. Designated trails and trail-heads in the Ada County Ridge to Rivers Pathway Plan;
ix. Other public trails and trail heads as approved by the Parks and Recreation Board;
x. Adjacent to publicly-held open spaces;
xi. Adjacent to areas that are, or have been identified for consideration as permanent public open space; and
xii. Dedicated or discounted sale to a public agency.
(b) Criteria For Determining Demonstrable Increase In Public Value Of Priority Open Space: In allowing density bonus credit for priority open space in steeply sloped areas or in fragmented pieces, there must be a demonstrable increase in the public value of the resource by such allowance. Demonstrable increase in value may include but is not limited to the following:
i. Allowance for public access.
ii. Protection from alteration of important vegetation, terrain, or scenic views and vistas that could otherwise occur from a permitted use such as mining, logging, grazing, or construction of utilities or infrastructure.
iii. Linkage of interspersed eligible open space areas into a more biologically complete and continuous wildlife corridor.
iv. Dedication or discounted sale to a willing public agency.
(c) PZC Consideration Of Priority Open Space:
i. It is not the intent of this section to broadly allow the designation of highly fragmented or steeply sloped land as open space to the total exclusion of the normal requirements of clustering and set aside of buildable area open space. Priority open space, when it exists, should be used in balance with other forms of eligible open space to meet the requirements of this code.
ii. When the applicant demonstrates that a portion of his property not otherwise qualified as open space eligible for a density bonus per Section 11-07-09.4, does meet the above-listed criteria, the PZC may classify it as priority open space and allow some or all of it to qualify for the granting of a density bonus. The amount allowed to qualify as open space eligible for a density bonus shall be discretionary based upon the degree to which it meets or exceeds the minimum criteria established in this section. The PZC shall seek the input of the Idaho Department of Fish and Game, the Parks and Recreation Board, and other public agencies with expertise in the issue at hand in determining the proper amount to be allowed to be set aside in return for a density bonus.
iii. Golf Courses Allowed In Open Space: Link type golf courses may be permitted in designated preserved open space areas, provided that the intervening spaces are maintained in a primarily natural condition. Golf courses shall use native plants and natural contours shall be left intact. Parking lots, club houses, driving ranges, maintenance facilities, and similar golf related uses shall not be counted as open space contributory to the density bonus. Designated trails and park sites must be preserved in or around the golf course.
E. General Design Criteria:
(1) Residential uses shall be clustered pockets rather than scattered throughout the property.
(2) Development pockets shall be designed in compliance with policies in the Comprehensive Plan concerning clustering, environmental protection, open space conservation, and scenic and aesthetic goals.
(3) Designated open space areas shall be linked wherever possible.
(4) Road and trail access to adjacent properties shall be provided to prevent landlocked parcels or breaks in the trail systems; and to provide the opportunity for future connectivity.
(5) Where possible roads and infrastructure shall not cross designated open space, floodways, wetlands, and areas of high wildlife habitat value.
(6) Disturbance of the land shall be minimized and development shall be avoided in areas that would necessitate excessive grading, cut, and fill.
(7) Fire safety and protection measures shall be incorporated into the design in accordance with the International Fire Code and Boise City Code Title 5. Such measures shall include residential sprinkling systems, defensible space around structures, and the provision of safe evacuation routes.
(8) Gated entrances to a PUD are prohibited due to the potential for such limited access to restrict or delay emergency response in the Foothills.
(9) Crossing designated open space, floodways, wetlands, and areas of high wildlife habitat value with roads and infrastructure shall be avoided to the greatest extent possible.
(10) A mixture of dwelling unit types is encouraged, including single family and multi-family dwelling units.
(11) Commercial and service commercial uses that serve the immediate neighborhood are allowed, but must be designed to be compatible with the height, mass, materials, and site design of the residential structures in the planned development.
F. Standards For Trails: Trails are required in accordance with the following:
(1) Public access to trails within and contiguous to the development shall be provided.
(2) Trail design should preserve the natural scenic and wildlife habitat values.
(3) The Ada County Ridge-To-Rivers Pathway Plan shall guide trail locations.
(4) Trails shall be secured through dedication, easement, or other such binding mechanism, and shown on the subdivision plat.
(5) If no contiguous or intersecting public trails exist or are proposed, private trails may be established through the common open space area, provided that the design preserves the natural character and wildlife habitat value.
G. Standards For Preserved Open Space:
(1) Preserve contiguous areas of open space, within the development and adjacent properties by aligning them along common corridors to the extent possible.
(2) Maintain indigenous plant species undisturbed to the extent possible. Noxious and invasive weeds are not considered indigenous and need not be preserved.
(3) Preserve areas of highest wildlife habitat value and migration corridors in designated wildlife habitat areas per the Comprehensive Plan.
(4) Preserve unique geologic and historic features, defined as heritage sites and sites designated for historic preservation by city, state, and federal agencies.
(5) Landslide areas and areas with unstable soils shall not be developed.
(6) Agricultural or utility uses may be permitted in open spaces, including livestock grazing, community gardens, irrigation ponds, or storm water retention ponds. These uses shall not include buildings or structures except those necessary appurtenances required by those uses, such as dams and irrigation or drainage systems.
(7) Fencing shall not encroach into preserved open space areas.
H. Ownership And Maintenance Of Open Space:
(1) Open space areas may be owned and maintained as follows:
(2) Owned and maintained by and for the use of the homeowners' association of the project of which it is a part;
(3) Joined with preserved open space lands held by any neighboring homeowner's association, or, preservation through an organization with adjacent lands held in permanent open space that would then be jointly maintained under an agreement contained in the conditional use permit or development agreement with the city;
(4) Dedicated or sold to the city, if recommended for approval by the Board of Parks and Recreation PZC, or other public agency, or private land trust for open space uses as may be approved in the development agreement or the conditional use and approved by the Council; or
(5) Other open space preservation strategies under sole or joint ownership, such as deed restrictions, or conservation easements, may be set up, and executed when approved by the city.
(6) Where the goals and policies of adopted plans specify the need for public trails or open space, easements for public lands or trails may be required. Trails or open spaces may be held in private ownership subject to an easement, or may be purchased by the city, or dedicated by the landowner(s) to the city.
(7) Specific agricultural or utility use exceptions may be permitted in open spaces, including livestock grazing, community gardens, irrigation ponds, or storm water retention ponds. These uses shall not include buildings or structures except those necessary appurtenances required by those uses, such as dams and irrigation or drainage systems. These use exceptions shall comply with the policies of the Foothills Policy Plan, shall be shown on the conditional use site plan, and shall not degrade the value of the permanent open space.
(8) The city will accept no responsibility for the costs for maintenance of open space or recreational facilities unless the Board of Parks and Recreation PZC and the Council specifically approve such charges.
I. Building And Grading Disturbance Envelopes:
(1) Building envelopes may be required on the final site plan for a conditional use. If required, the building envelopes shall be recorded or referenced in the notes on the final plat.
(2) Slopes greater than 25 percent shall be shown on the conditional use permit site plan with a disturbance envelope that defines the area outside of which no grading will be allowed.
J. Appendix A:
(1) Application Submitting Requirements: The following items are required for a Foothills Planned Development application, in addition to those items required for submitting of a standard Planned Development application under Section 11-03-04.7, and a "Hillside and Foothill Area Development" permit application under Section 11-03-04.17.
(2) A slope analysis in map and table form depicting areas and polygon labels for:
(a) All buildable areas, based on two foot contour intervals;
(b) All non-buildable areas based on five foot contour intervals;
(c) Buildable areas equal to, or greater, than one acre in size labeled as such on map and table.
(3) A special area analysis in map and table form depicting the general locations of:
(a) Floodways, floodway fringes, wetlands and riparian areas;
(b) Deer and elk migration corridors as determined by the Idaho State Fish and Game Department and found on maps referenced in The Plan;
(c) Location of rare, threatened and endangered plant species and communities regulated under the Endangered Species Act of 1973, and administered by U.S. Fish and Wildlife Service Division of Endangered Species;
(d) Geologic and/or historic features of note and sites designated as Heritage sites.
(e) Potential buildable ridge tops visible as skyline features from below the Foothills.
(4) A capital improvements/infrastructure analysis and map of existing and proposed locations of roads, sewers, drainage and storm water facilities, utilities, schools, parks and fire stations.
(5) A recreation analysis in map and table form as appropriate showing locations of existing or proposed trails as established in the Ada County Ridge-to-Rivers Pathway Plan, existing or proposed trail heads, interpretive areas and other facilities.
(6) An adjacent parcel analysis of lands within 300 feet of the subject property, in map form, depicting:
(a) Existing lots and dwellings;
(b) General topography;
(c) Existing and proposed public trails designated by the Ada County Ridge-To-Rivers Pathway Plan;
(d) Geologic and/or historic features of note and sites designated as Heritage sites;
(e) Public rights-of-way and potential road access points.
(7) Foothills Planned Development Design Process And Application Form Checklist: The intent of the process is to allow the applicant and staff to work together to insure that there is a clear understanding about the critical issues prior to the application submitting and throughout the hearings. The applicant should follow this order of events in analyzing, designing and applying for the project.
(8) Phase I - Pre-Application:
(a) Meet with the city staff about basic design issues before development of a conceptual design.
(b) Meet or confer with surrounding landowners about the potential for cooperative development plans.
(c) Do a sketch map of the project area and adjacent parcels showing general soil characteristics, slopes, wildlife habitat, permanent open space and/or public lands, drainage courses, unique geologic and historic features, public trails, and other features of note.
(d) Meet with city staff about design issues based on sketch map findings.
(9) Phase II - Preliminary/Conceptual Design Requirements For Annexation, Development Agreement, Conceptual Conditional Use, Conceptual Preliminary Subdivision Plat, Conceptual Hillside And Floodplain Permit Applications:
(a) Map potential buildable areas.
(b) Determine which preserved open space/cluster density formula will be applied based upon site characteristics, access and market constraints.
(c) Identify proposed preserved open space area(s) based upon site characteristics including wildlife habitat values, soil conditions, geologic hazards, access constraints, drainage patterns, unique features, etc.
(d) Apply the density bonus formula to the remaining buildable area, according to the Table 1, to determine how many dwelling units may be permitted.
(e) Lay out the cluster subdivision with roads, drainage system and the appropriate number.
(f) of lots in the development pockets.
(g) Prepare a fire protection plan following guidelines set by the Boise City Fire Department.
(h) Prepare a traffic analysis and traffic plan consistent with requirements of the Destination 2020 Regional Transportation Plan for Ada County and its subsequent amendments and updates.
(i) Prepare a traffic mitigation plan including appropriate neighborhood protection, traffic calming and buffering techniques.
(j) Prepare a general grading plan under the conceptual "Hillside and Foothill Area Development" ordinance.
(k) Prepare an infrastructure phasing plan.
(l) Prepare a building and grading disturbance envelope plan.
(m) Complete any other items required by The Plan, Planned Unit Development Standards, Section 11-07-06.5, the Flood Hazard Regulations, Chapter 11-08, and the Hillside and Foothill Development Standards, Section 11-07-08.
(10) Phase III - Final Conditional Use, Hillside Permit, Floodplain Permit, Annexation, Development:
(a) Agreement and Preliminary Plat Subdivision applications;
(b) Meet with city staff about design issues based on conceptual approval findings;
(c) Prepare the applications for preliminary plat and final conditional use, Hillside permit, Floodplain permit, a revegetation and reclamation plan and other required applications and plans.
K. Appendix B:
(1) Sample Conservation Easement Document And Deed Restriction Statement: In reference to the requirements for ownership and maintenance of open space in Section 11-07-09.4.H, a sample conservation easement document is provided. This example is taken from the New Hampshire State Code.
(a) Conveyances Of Realty And Interests Therein, Conservation And Preservation Restrictions: A conservation restriction shall mean a right to prohibit or require, a limitation upon, or an obligation to perform, acts on or with respect to, or uses of, a land or water area, whether stated in the form of a restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the area or in any order of taking, which right, limitation, or obligation is appropriate to retaining or maintaining such land or water area, including improvements thereon, predominantly in its natural, scenic, or open condition, or in any other use or condition consistent with the protection of environmental quality.
L. Appendix C: Maps and guides to the regulated features in the Foothills: In reference to the requirements for submitting applications in Section 11-03-04.17, maps and guides to the features noted will be available to applicants. Boise City Foothills Policy Plan Goal 1 Objective 2 Policy 1:
(1) The Foothills Land Use Map provides a generalized depiction of potentially buildable areas based upon slope. At the time of zone change or development application, the developer shall submit detailed documents depicting wildlife habitat areas, existing slopes, geology and soils. This data shall be used to make more detailed determinations regarding the extent of the buildable area governed by the policies of this plan and the Hillside and Foothill Area Development ordinance;
(2) Figure 2-1 Wildlife Habitat Areas;
(3) Deer and Elk migration corridors;
(4) Boise City Heritage Preservation Committee: Potential Public Preservation Sites.