Chapter 12

Definitions

11-012-01: Meanings Of Words Generally


As used in this Code, each of the terms defined shall have the meaning given in this Section unless a different meaning is clearly required by the context.

1. General Rules: The following rules shall apply for construing or interpreting the terms and provisions of this Development Code.

A. Meanings And Intent: All provisions, terms, phrases, and expressions contained in this Code shall be construed according to the general purposes set forth in this Section and the specific purpose statements set forth throughout this Code.

B. Headings, Illustrations, And Text: In the event of a conflict or inconsistency between the text of this Code and any heading, caption, figure, illustration, table, or map, the text shall control.

C. Lists And Examples: Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

D. Computation Of Time: The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the city. References to days are calendar days unless otherwise stated.

E. References To Other Regulations/Publications: Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, or document, unless otherwise specifically stated.

F. Delegation Of Authority: Any act authorized by this Code to be carried out by a specific official of the city may be carried out by a designee of such official.

G. Technical And Non-Technical Terms: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

H. Public Officials And Agencies: All public officials, bodies, and agencies to which references are made are those of the Boise City, Idaho, unless otherwise indicated.

I. Mandatory And Discretionary Terms: The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

J. Conjunctions: Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1) "And" indicates that all connected items, conditions, provisions, or events apply; and

(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events apply.

K. Tenses, Plurals, And Gender: Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.


2. Interpretations: The Director has final authority to determine the interpretation or usage of terms used in this Code.

11-012-02: Definitions Of Use Categories And Use Types


1. Residential Uses: A residential structure is a building used as a dwelling for one or more persons.The term includes, but is not limited to houses, mobile homes, apartment buildings, lodging homes and dormitories. The term also includes accessory use areas used in conjunction with and forming an integral part of a residential structure.

A. Single- and Two-family Living: This use category is characterized by residential occupancy of a dwelling unit by up to two households. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 days is classified under the "Visitor Accommodation" category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Home occupations and accessory dwelling units are accessory uses that are subject to additional regulations. Specific use types include, but are not limited to:

(1) Accessory Dwelling Unit: Except as may be further restricted, an accessory dwelling unit is a dwelling unit that is incidental and subordinate to the principal use of the premises, and does not alter the essential characteristic of the use.

(2) Caretaker Residence: A dwelling on a nonresidential property occupied by a person, and the immediate family of the person, who oversees or guards the operation.

(3) Dwelling, Single Family: A building designed for use and occupancy by no more than one family.

(4) Dwelling, Duplex: A detached building containing two dwelling units, each of which includes a separate bathroom and kitchen. The two units must be able to function as dwelling units independently of each other.

(5) Manufactured Home: A factory-built structure that is manufactured or constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, and as may be amended, that became effective June 15, 1976, and, is to be used as a place for human habitation, but that is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and that does not have permanently attached to its body or frame any wheels or axles.

(6) Manufactured Home, Stock: A stock manufactured home does not have all the architectural placement standards of an Enhanced Manufactured Home.

(7) Manufactured Home, Enhanced: An enhanced manufactured home meets all the architectural and placement standards of the use standards in Section 11-06-03.1.C, Manufactured Home, Enhanced.

(8) Manufactured Home Community: Any site, lot, tract, plot, or parcel of land, designed for the placement of ten or more manufactured homes, located and maintained for dwelling purposes on a permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased, or rented.

(9) Mobile Home Park: Any area, tract, plot, or parcel of land, developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis.

B. Multi-family Living: This use category is characterized by residential occupancy of a dwelling unit by more than two households. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 days is classified under the "Visitor Accommodation" category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Specific use types include, but are not limited to:

(1) Multi-family Building: A building, or portion thereof, containing three or more dwelling units excluding attached single family townhouse units located on individual lots.

(2) High Rise: A multifamily building having floors used for human occupancy located more than 75 feet above the lower level of fire department vehicle access.

C. Other: This category is characterized by residential occupancy of a structure that does not meet the definition of "Single and Two-Family Living" or "Multi-family Living". Generally, these structures have a common eating area for residents.The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff. Specific use types include, but are not limited to:

(1) Boarding or Rooming House: A building other than a hotel or restaurant where lodging or lodging and meals are provided for compensation to six to 12 persons who are not members of the householder's family.

(2) Bed and Breakfast: A type of hotel providing overnight accommodations and breakfast food service. If designed to accommodate 12 or fewer guests, it shall be considered a type of boarding or rooming house rather than a hotel.

(3) Convalescent Home, Nursing Home: A building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two or more individuals suffering from illness, disease, injury, deformity, or requiring care because of old age.

(4) Fraternity or Sorority House: A facility for housing a club of men (fraternity) or women (sorority) college students.

(5) Halfway House: A type of housing for persons convicted of non-violent crimes who are in the later stages of serving a sentence and are being transitioned back into free society.

(6) Group Home: A single family dwelling or dwelling unit that is occupied exclusively by elderly persons or persons with a disability and no more than two resident staff, where all state and local licensing and standards of operation requirements have been met. Public/Institutional Uses

D. Child or Adult Care: A child or adult care facility is a building where children or adults regularly receive care, maintenance, and supervision usually unaccompanied by a parent, guardian, or custodian, and regardless of whether the facility does or does not provide any educational instruction. This use excludes:

(1) The care of the operator's children or legal wards,

(2) Children or adults related by blood or marriage,

(3) Occasional personal guests,

(4) Any home, place or facility providing overnight custodial services for lodging and/or boarding for the occupants therein, and

(5) Children aged 12 years and over.

The occupant load of a building, as determined by the Building Department and Fire Department requirements, will include all persons using the facility.

E. Adult Day Care: A facility where adults regularly receive care, maintenance, and supervision unaccompanied by a guardian or custodian, regardless of whether the facility does or does not provide any educational instruction. This use excludes

(1) Care of operator's legal wards or relatives;

(2) Occasional personal guests; and

(3) Any facility providing overnight custodial services for lodging and/or boarding.

F. Child Care Home: A child care facility for six or fewer children that is an accessory use to a primary residential use.

G. Group Child Care Home: A child care facility for 7 to 12 children within the operator's residence.

H. Group Child Care Center: A child care facility for 7 to 12 children that is outside the operator's home.

I. Intermediate Child Care Center: A child care facility providing for 13 to 20 children.

J. Large Child Care Center: A child care facility providing for 21 or more children.

K. Communication Uses: Communication uses transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific use types include, but are not limited to:

(1) Broadcasting or Recording Studio: A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.

(2) Lattice Tower: A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.

(3) Microcell Facilities: A small wireless communications facility consisting of an antenna that is either:

(a) Four feet in height and with an area of not more than 580 square inches; or

(b) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.

(4) Monopole: A support structure that consists of a single pole sunk into the ground and/or attached to a foundation.

(5) Transmission Tower: A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.

L. Community Facility: Community facility uses include buildings, structures, or facilities owned, operated, or occupied by a governmental or philanthropic agency to provide a service to the public. Specific use types include, but are not limited to:

(1) Cemetery: Land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.

(2) Club, Lodge, Social Hall: The assembly use of a building or of any premises by a nonprofit association, where such use is restricted to enrolled members and their guests.

(3) Government Buildings: A building owned or used by the federal, state, county, or city government, or any political subdivision, agency or instrumentality thereof.

(4) Mortuary: A facility in which deceased human bodies are kept and prepared for burial or cremation.

(5) Recreation Center: A commercial or non-profit bowling alley, roller rink, or similar use designed for amusement or recreation.

(6) Religious Institution: A building that is used primarily for religious worship and related religious activities.

(7) Uses Related to and Operated by a Religious Institution: A use, such as a thrift store, homeless shelter, rectory, or similar, that is operated by a religious institution and located on the same parcel or an adjacent parcel to the religious institution.

M. Educational Use: Education uses are public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, parking, transit-related facilities, auditoriums, and before or after school day care. Specific use types include, but are not limited to:

(1) Auditorium, Stadium, or Lecture Hall seating more than 500 people: A building or portion of a building in which facilities are provided for more than 500 people, for educational or assembly purposes.

(2) Library: A permanent facility for storing and loaning books, periodicals, reference materials, audio and videotapes, and other similar media to city residents.

(3) Private Commercial School: A school, regardless whether it is operated for profit, primarily devoted to instruction, in dance, music, drama, art, languages, martial arts training, and business.

(4) School: An institution of learning, whether public or private, that offers instruction to a group of children in those courses of study required by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the Idaho Department of Education, but it does not include a vocational or professional school or any institution of higher education, including a college or university.

(5) Trade or Vocational School: An institution or facility conducting instruction in the technical or trade skills such as business, secretarial training, medical-dental technician training, beauticians, barbers, electronics and automotive technician training.

(6) University: Boise State University

N. Health Care Uses: Health care uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited:

(1) Hospital: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients 24 hours a day, including specialized and surgical hospitals. The term "hospital" does not include clinics, convalescent or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, alcohol addicts, or other types of cases necessitating forcible confinement of patients.

(2) Laboratory, Medical/Dental: A facility that provides medical services, such as pathological testing or manufacturing of prosthetics and orthopedic appliances, or that provides dental services including the manufacturing of orthodontic appliances, crowns, and dentures.

(3) Medical Research Facility: A facility designed for the purpose of conducting medical research.

(4) Office, Medical: A facility for a group of one or more physicians for the examination and treatment of human patients, primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals. Patients are not kept overnight except under emergency conditions. Ancillary laboratory facilities may be included.

O. Parks, Recreation and Open Space: Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping, or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. Specific use types include, but are not limited to:

(1) Forest Reserve, Recreation Area

(2) Golf Course

(3) Park or Playground

(4) Public Plaza

P. Social Care: Social Care uses provide services to people with limited financial resources, including people who are homeless.

(1) Food Kitchen: A facility providing food at meal times to people with limited financial resources, including people who are homeless.

(2) Shelter Home: A facility providing basic services that may include food; personal hygiene support; information and referrals; employment, mail and telephone services; including overnight sleeping accommodations, to people with limited financial resources, including people who are homeless.

(3) Single Resident Occupancy Hotel: Means a building that provides living units with separate sleeping areas and some combination of shared bath or toilet facilities. The building may or may not have separate shared cooking facilities for residents.

Q. Transportation Uses: This category includes facilities that receive and discharge passengers and freight. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities. Specific use types include, but are not limited to:

(1) Aircraft Landing Field: Any area of land or water that is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.

(2) Bus Station: Any premises for the transient housing or parking of buses and the loading and unloading of passengers.

(3) Transit Terminal: A passenger terminal or loading facility for a privately or publicly owned transit system, including a private shuttle service.

(4) Trucking Terminal: An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops or fueling stations where primarily diesel fuel is sold.

R. Utility: Utility uses include buildings, structures, or other facilities used or intended to be used by any private or public utility. This category includes buildings or structures that house or contain facilities for the operation of water, wastewater, waste disposal, or electricity services. Accessory uses may include control, monitoring, data, or transmission equipment. Specific use types include, but are not limited to:

(1) Gas Fired Power Plant: An electrical utility plant fueled by natural gas.

(2) Utility Facility, Minor: A small facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including minor wells, pump houses, etc.

(3) Utility Facility, Major: A large facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including electrical substations, major water storage reservoirs, etc.


2. Commercial Uses:

A. Agriculture Uses: The use of land for purposes including farming and crop production, dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for treating or storing of farm products and parking of equipment. Specific use types include, but are not limited to:

(1) Agriculture and Stables: Tilling of soil, aquaculture, raising crops, livestock, farming, dairying, and animal husbandry including all customarily accessory and incidental uses, but excluding hogs, slaughterhouses, fertilizer works, bone yards, and commercial feed lots; or a building or structure used or designed for the boarding or care of riding horses.

(2) Hog Raising, Feedlot, Stockyard: A lot or parcel on which hogs are raised, bred and slaughtered, or where livestock are fed intensively in order to fatten for market, or where livestock are held on a short-term basis prior to slaughter. It does not include short-term holding pens for auction facilities.

(3) Slaughterhouse, Rendering Plant: A facility for the slaughtering and processing of animals and refining of animal byproducts.

B. Animal Related Business: Animal related business uses involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement or exercise facilities for animals, parking, and storage areas. Specific use types include, but are not limited to:

(1) Animal Daycare: A lot or building where five or more dogs, cats, and other household domestic animals are maintained, harbored, or cared for on a daily basis, not to include overnight stays.

(2) Animal Hospital, Large: Any building or portion thereof designed or used for the care of the following animals: cattle, sheep, goats, horses, hogs, large exotic cats, or similar animals.

(3) Animal Hospital, Small: Any building or portion thereof designed or used for the care of the following animals: dogs, cats, primates, birds, water fowl, reptiles, rodents, and similar animals.

(4) Boarding Kennel, Commercial: Any lot or premises or portion thereof, on which five or more dogs, cats, and other household domestic animals are maintained, harbored, possessed, boarded, bred, or cared for in return for compensation or are offered for sale.

(5) Boarding Kennel, Non-Commercial: Any lot or premises or portion thereof on which more than four dogs or cats or a combination of such animals are maintained, harbored, possessed, bred, or cared for, without compensation and are not for sale. A noncommercial kennel license for such activity is required from the City Clerk.

(6) Small Animal Grooming: Grooming for small animals on an appointment basis, with drop off and pick up on the same day.

(7) Veterinary Clinic: The office or clinic of a veterinarian, where small animals or household pets are given medical, surgical, or health maintenance treatment. The boarding of animals is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.

C. Financial Service: Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but does not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking. Specific use types include, but are not limited to:

(1) Bank, Financial Institution: An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. The establishment may or may not have a drive-thru facility.

D. Food and Beverage Service: Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking. Specific use types include:

(1) Coffee/Espresso Stand: A beverage service establishment where drive-up window service is the primary customer access.

(2) Tavern/Lounge: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.

(3) Restaurant: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including uses such as brewpub, cafe, cafeteria, coffee shop, lunch room, tea room and dining room, but not taverns or lounges. Brewpubs brew alcoholic beverages that are made and sold for consumption on the premises.

E. Office: Office uses are primarily for conducting the affairs of a business, profession, service, or industry, or like activity, that may include ancillary uses such as restaurants, coffee shop, and limited retail sales. Specific use types include, but are not limited to:

(1) Office, Business or Professional: Offers business or professional services, such as accountants, architects, attorneys, insurance brokers, realtors, investment counselors, but not including medical or personal services.

F. Service Retail: Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, that have been treated or processed at that location or another location. Specific use types include, but are not limited to:

(1) Person Service: A facility that provides individualized services generally related to personal needs. These include, but are not limited to, beauty and healthcare services such as hair and nail salons, and barber shops. The term does not include tattoo parlors, body piercing or massage establishments.

(2) Laundry and Dry Cleaning Service: An establishment where laundry or dry cleaning is dropped off by customers or picked up by customers and that also includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Establishments that do not include on-site cleaning activities are classified as "general personal services."

(3) Massage Establishment: A fixed place of business wherein any individual, partnership, firm, association, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or other consideration, administration of a massage.

(4) Photography Studio: A business where photography is practiced on a professional level for portraiture and for various commercial and industrial applications, including the preparation of photographs for advertising, illustration, display, and record-keeping.

(5) Printing, Lithography, Publishing & Reproductions, Exclusive of Paper Manufacturing: The business of making copies of printed materials.

(6) Self-Service Laundry: An establishment with pay-per-use clothes washing and drying machines where customers launder their own clothes. May include accessory retail sales of laundry soap and similar items, primarily for use on the premises.

(7) Tattoo Parlors and Body Piercing Establishments: A business creating permanent picture or design on skin by pricking it and staining it with an indelible dye and piercing of the body.

(8) Retail Tobacco Business: A business which (1) during the normal course of business primarily distributes any tobacco product or provides any equipment or material used for the consumption of tobacco, (2) lawfully may permit smoking indoors, and (3) does operate a smoking area on premises owned, operated, or used by the business, whether indoors or outdoors, during any portion of its hours of operation.

G. Recreation and Entertainment:

(1) Concert Hall/Dance Hall: A business operating in an area, whether indoors or out, where amplified sound or music is provided for entertainment.

(2) Firing Range: A controlled area of activity, indoors or outdoors, specifically designed for the discharging of firearms at targets.

(3) Health Club: A club for leisure and fitness activities.

(4) Recreation, Commercial - Indoor: An indoor facility for bowling alley, skating rink, arcade, arena, archery, and similar uses.

(5) Recreation, Commercial - Outdoor: Amusement parks, ball park (baseball, football, soccer), water park, batting cages, go-cart track, and similar uses partially conducted outside of a building.

(6) Recreation Center: A commercial or non-profit bowling alley, roller rink, or similar use.

(7) Social Event Center: An establishment for weddings, birthdays, dances, celebrations, and other similar special events.

(8) Swimming Pool, Commercial: Any facility intended for swimming or recreational bathing that contains water over 24 inches (610 millimeters) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

(9) Theater: A building used primarily for the presentation of live stage productions, performances, or motion pictures.

(10) Theater, Drive-In: A form of cinema consisting of a large screen, a projection booth, a concession stand, and a large outdoor parking area for automobiles.

H. Retail (Sales): Retail (Sales) uses are private enterprises that provide goods directly to the general public for purchase. This use does not include food service, personal service, construction equipment rental, or recreation uses. No outdoor display or outdoor storage is permitted unless specifically authorized by this Code. Accessory uses may include offices, parking, storage of goods, assembly, repackaging, or repair of goods for on-site sale. Specific use types include, but are not limited to:

(1) Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Materials: A retail business that sells large, bulky, or heavy goods including building materials and agricultural goods, such as hay, grain, bulk garden supplies, tools, and equipment.

(2) Convenience Store with Gasoline Service: An establishment generally less than 5,000 square feet engaged in the sale of convenience goods, such as pre-packaged food items, tobacco, over-the-counter drugs, periodicals, and other household goods, and that also provides the retail sale of petroleum products dispensed through gasoline pumps and other supplies for motor vehicles.

(3) Drive-Up Establishment: An establishment, whether it be the primary or an accessory use, other than automobile service station or parking lot, that is designed to allow the occupants of a motor vehicles to make purchases or receive services at a window or service area while remaining in the vehicle.

(4) Grocery: A market where food and related items are sold.

(5) Optician: A business that fits and sells lenses, eyeglasses, and other optical instruments.

(6) Pharmacy: A location where prescription drugs are sold. May also include the sale of non-prescription drugs and personal care items.

(7) Retail Store: A single retail use in one stand-alone building or tenant space.

(8) Shopping Center, Convenience Commercial: A small shopping center that typically features an approximately 2,500 square foot groceries/sundries store as an anchor tenant and may also provide other services such as gasoline sales, dry cleaners, coffee shop, dentist office, beauty shop, day care, etc. A convenience shopping center may have an average building area ranging from 15,000 to 35,000 square feet and occupy one to three acres.

(9) Shopping Center, Neighborhood Commercial: A moderate sized shopping center, planned and developed as a unit, typically composed of a grocery up to 60,000 square feet in size, and usually containing additional smaller tenants serving a local market area. A neighborhood shopping center may have a gross floor area ranging from 35,000 to 100,000 square feet and may occupy up to 10 acres.

(10) Shopping Center, Community Commercial: A group of commercial establishments, planned and developed as a unit, typically featuring an approximately 50,000 square foot or greater grocery store and/or department store or volume discount retail outlet as an anchor tenant/s and may include freestanding buildings containing restaurants or other commercial uses. A community shopping center has a gross floor area of over 100,000 square feet but no more than 300,000 square feet and typically occupies from 10 to 25 acres.

(11) Shopping center, Regional Commercial: A group of commercial establishments, planned, developed, owned, and managed as a unit related in location, size and types of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the type and size of stores. The major tenant is one or more full line department stores. Size of the center can range between 300,000 square feet to over one million square feet of gross leasable area.

I. Vehicles and Equipment: Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage, offices, and sales of parts. Specific use types include, but are not limited to:

(1) Auto Emission Van Test Site: A lot, structure, or vehicle where emissions are tested or evaluated to determine compliance with law.

(2) Automotive Sales Lot: An establishment engaged in the display, sale, leasing, or rental of new or used motor vehicles.

(3) Battery Rebuilding Shop: A motor vehicle repair shop that rebuilds vehicle batteries.

(4) Car Wash: A facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.

(5) Motor Vehicle Repair, Minor: Incidental repairs, replacement of parts, and minor service to motor vehicles, but not including any operation specified as "Motor Vehicle Repair, Major."

(6) Motor Vehicle Repair, Major: General repairs to vehicle engine, transmission or drive-train; rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of motor vehicles or trailers.

(7) Parking Lot: An open, graded, and surfaced area, other than a street or public right-of-way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

(8) Parking Lot, Off-Site: Any required parking space that is separated from the site of the principal use by either an intervening lot, a public roadway, or a public alley.

(9) Parking Garage: A building or portion thereof consisting of one or more levels at, below, or above grade, designed to be used for the parking of automobiles and commercial vehicles that is available to the public, whether for compensation, free, or as an accommodation to clients or customers.

(10) Service Station: Premises where gasoline, motor oils, lubricants, and grease for the operation of motor vehicles are retailed directly to the public on the premises and including tires, accessories, services, and minor motor vehicle repairs.

J. Visitor Accommodations: For-profit facilities where lodging, meals, and the like are provided to transient visitors and guests for a defined period. Specific use types include, but are not limited to:

(1) Hotel: A building containing six or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, primarily for the accommodation of transient guests.

(2) Motel: A building or group of buildings on the same premises, whether detached or attached, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts, or by any other title or sign intended to identify them as providing lodging to motorists.

(3) Recreation Vehicle Park: Any area, tract, plot, or site of land whereupon two or more recreational vehicles or travel trailers are placed, located, and maintained for temporary living quarters on a temporary basis.

K. Other Commercial:

(1) Auction Establishment: A building or portion of a building used for the public sale of goods, merchandise, or equipment to the highest bidder.

(2) Bikini Bar: A business, as defined in Title 23 of Idaho Code, licensed to serve beer, wine, alcohol, or spirituous liquor for consumption on the premises that features live performers or servers wearing bikinis or swimsuits covering specified anatomical areas.

(3) Construction Business: A business related to the construction industry, such as a roofing shop, sign painting shop, or sheet metal shop.

(4) Newspaper & Printing Establishment: An enclosed facility for the printing and distribution of newspapers, newsletters, and other similar media that is printed on newsprint-type paper for sale and general circulation.

(5) Sexually Oriented Business: An adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or sexual encounter premise; or any premises where employees engage in specified sexual activities or display specified anatomical areas.


3. Industrial Uses:

A. Industrial Service: Industrial service firms are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and similar uses perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking, and storage. Specific use types include, but are not limited to:

(1) Contractor Shop: A building or part of a building or land area for the construction or storage of materials, equipment, tools, products, and vehicles. Parts and equipment are generally not displayed or sold on-site for retail consumption, but if so, they are a subordinate part of commercial or wholesale sales. Typical examples include air conditioning service, plumbing companies, electrical companies, rental stores, or any area upon which materials are stored for use as part of the business or from which service crews are normally dispatched in service vehicles.

(2) Laundry, Industrial: An industrial facility where fabrics are cleaned on a commercial or wholesale basis.

B. Manufacturing and Production: This use category includes firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific use types include, but are not limited to:

(1) Atmospheric Gas Production Plant: A facility for the production of gases derived from the atmosphere (i.e., N202 Argon).

(2) Brewery, Distillery, Winery: An establishment for production of alcoholic liquors, but does not include food service establishments that produce such products only for on-site sale.

(3) Food Products, Dairy Products & Wholesale Bakeries: A facility for the manufacture and wholesale of dairy and other food products, including baked goods such as bread and cakes.

(4) Lumbermill, Sawmill, Pulpmill: A mill that cuts or processes logs into lumber or pulp.

(5) Tannery: A business that tans or processes raw animal hides into leather. Not to include manufacture of leather goods.

C. Mining and Extractive Uses: Mining and extractive uses include the extraction of minerals, sand, gravel, and ores, and distribution of extracted materials, including the excavation, processing and distribution of clay, gravel, stone and soils.

(1) Mining, Dredging, Loading & Hauling of Sand, Dirt, Gravel or Other Aggregate: Extraction and movement of aggregate materials, not to include hard rock mining.

(2) Rock Crushing & Extractive Uses: A business engaged in the reduction of rocks and concrete demolition debris to smaller sizes useable as gravel; fill for construction, or similar commercial use, or in the extraction of materials from hard rock or ore.

D. Storage: This category is characterized by uses where goods, products, materials are kept or stored.No sales or service is included. Specific use types include, but are not limited to:

(1) Bulk Storage: Storage as a primary use, non-accessory storage.

Storage of Corrosive, Acid, Alkali, Flammable, or Explosive Materials.

Storage, whether indoor or outdoor, of the named materials types.

(2) Self-Service Storage: An outdoor area or a building(s) that are designed or used exclusively for storage of excess property of an individual, family or business. Buildings are divided into individually accessed units. This shall not be deemed to include the day-to-day operations of businesses of any kind.

(3) Storage Building: A facility for the storage of products, supplies, and equipment.

(4) Wholesale Business: A business primarily engaged in the selling of merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies.

E. Warehouse and Freight Movement: Firms involved in warehouse and freight movement are engaged in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will call pickups. There is little on site sales activity with the customer present. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific use types include, but are not limited to:

(1) Grain Elevator: A facility or area for the temporary storage of grain for transferal to trucks, train cars, or other forms of transportation.

(2) Trucking Terminal: An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops or fueling stations where diesel fuel is primarily sold.

(3) Truck Stop: A facility for the fueling of automobiles and heavy trucks. Accessory uses may include a restaurant, retail sales, maintenance facilities, and sleeping and personal hygiene facilities.

(4) Warehouse: A building or portion thereof used for the storage of merchandise, stock, vehicles, furnishings, supplies, and other trade or business material.

F. Waste and Salvage: Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and Salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products. Specific use types include, but are not limited to:

(1) Composting Facility: A facility where organic matter that is derived primarily from off-site is processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.

(2) Junkyard: An outdoor space where junk, waste, or discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used or salvaged building and structural steel materials and equipment. Does not include yards or establishments for the sale, purchase or storage of used cars or machinery in operable conditions, and the processing of used, discarded or salvaged materials as a part of a permitted manufacturing operation on the same premises.

(3) Recycle Drop-Off Center: A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production.

(4) Sanitary Landfill, Incineration: A planned and approved method or system of waste disposal in which the waste is disposed or buried in layers, compacted by earth or other approved methods, also known as sanitary landfill, or a facility where solid waste is burned prior to disposal.

(5) Vehicle Wrecking Yard: Any use of premises, excluding fully enclosed buildings, on which two or more motor vehicles not in operating condition are standing more than 30 days, or on which used motor vehicles, or parts thereof, are dismantled or stored.


4. Accessory Uses:

A. Accessory Use: A use incidental or subordinate to the principal use of the premises that does not alter the essential characteristic of the use considered as a whole and as related to other uses permitted in the same district.

B. Backyard Composting: The activity of decomposing organic matter generated on any area of land or lot by a homeowner, tenant, occupant, or property owner. Backyard composting shall process materials generated primarily on site. Backyard composting shall be operated in a nuisance free manner. No commercial purpose may be association with backyard composting.

C. Home Occupation: Any gainful occupation engaged in by an occupant of a dwelling unit, such as hair salons, graphic arts, desktop publication, offices and instruction of small classes.

D. Livestock: Livestock are classes of animals that are kept and housed outside the home or in enclosures such as pens, barns, corrals or paddock areas. Livestock includes, but is not limited to horses, cattle (beef and dairy), llamas, mules, swine, sheep, goats, rabbits, poultry, and domestic birds. Livestock includes any other grazing or foraging animal except those specifically included as a pet.

E. Outdoor Storage: The storage of equipment, materials, supplies, etc. in an outdoor area as an accessory to a primary use.

F. Pet: Pets generally are animals that may be kept indoors, though pets may also be kept outdoors. Pets are dogs, cats, up to six chickens (excluding roosters), four ducks, six rabbits, or other small animals or poultry as determined by the Director. The keeping of pets must comply with the performance standards in 11-06-07.4.D(7)(f).


5. Temporary Uses: A temporary use is any activity on a site approved by the Director for a limited time of operation. Such uses include seasonal or holiday sales of products or placement of temporary structures on a lot incidental to construction occurring on the lot, outdoor display of garden and related supplies, and/or any other uses that the Director may deem as able to function without permanent permits for a short time as allowed by this code.

A. Construction Office, Temporary: A moveable or modular structure or trailer used for the storage of construction materials and/or the offices or work spaces for construction managers or workers during the time a principal or accessory building is being constructed.

B. Sales Trailer: A moveable or modular structure or trailer temporarily used for sale of real estate within the same development.

C. Seasonal Uses: Uses such as fireworks stands, Christmas tree lots, and fruit and vegetable stands.

D. Subdivision Office, Temporary: A moveable or modular structure or trailer used for the storage of construction materials and/or the offices or work spaces for construction managers or workers during the time a subdivision is being constructed.

E. Temporary Parking: A temporary parking lot for non-required parking where new building construction is planned.

F. Temporary Display and Sale of Merchandise: Outdoor display and sale of merchandise, such as a sidewalk sale, arts and crafts show, or tent sale for new, used, or seasonal merchandise.

11-012-03: Measurement-related Definitions


Buildable Area (Foothills Planned Development): The space within the setback lines that remains on a lot after compliance with the minimum open space requirements of this Code. Lands with a slope of 25 percent or less are buildable, if outside of floodways or geologic hazards. Buildable areas must be designated in the conditional use site plan as either development pockets or permanent open space in the ratio chosen under the density bonus formula. Buildable area is determined by natural topography, not by post-construction graded contours.

Buildable Area (General): The area of the lot excluding the required yards.

Building Height: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.

Clear Vision Triangle:

A. At a street intersection or street and railroad intersection, a clear vision triangle shall be formed horizontally by measuring 40 feet along the roadway edges or roadway and railroad track edges from the intersection of the roadway edges or roadway edge and railroad track and connecting those points, and vertically by measuring between three feet and ten feet above grade.




Figure 11-12.1: Clear vision triangle at a street intersection



B. Where a driveway enters the street right-of-way, a clear vision triangle shall be formed horizontally, by measuring ten feet into the lot as measured from the sidewalk edge that is closest to the property line (or from the property line if no sidewalk exists), and 20 feet along the sidewalk edge (or property line if no sidewalk exists) parallel to the street, and vertically by measuring between three feet and ten feet above grade.




Figure 11-12.2: Clear vision triangle at a street and driveway/alley intersection



Density, Residential: Number of dwelling units per acre of land set aside for residential use.

Effective Lot Area: The gross horizontal area of a lot minus any portion of the lot encumbered by a recorded driveway or road easement.

Floor Area, Gross: The sum of the square footage of all floors, including lofts and basements, inside the exterior walls of a building or portion of a building.

Floor Area, Net Leasable: The entire square foot area of floor space of a building that is enclosed and subject to heating or air conditioning, less any of the following:

A. Any space used and occupied by central mechanical or electrical equipment, elevators, escalators, conveyors, dumbwaiters, lifts, chutes, trash disposal units, and fuel storage spaces; and

B. Public rights-of-way and other similar enclosed spaces open to the public, such as public washrooms, corridors, stairwells, or elevator lobbies.

Floor Area Ratio (FAR): The gross floor area divided by the lot area.

Grade: The elevation of the finished surface of the ground adjacent to the exterior wall of a building or structure. If a berm has been created adjacent to the structure, or if the structure is built on top of a berm or retaining wall, grade will be considered the lowest point of the berm or wall.

Grade, Established: The curb line grade at the lot lines established by the City Engineer or otherwise established by law.

Lot Area: The square footage within the boundary of a lot or parcel. Lot area shall be determined exclusive of land that is used for public or private streets, highways, alleys, roads, and rights-of-way. The flagpole or stem portion of a flag lot shall not be considered as part of the lot area.

Lot Coverage: The area of a lot occupied by the principal building(s) and any accessory building(s).

Lot Depth: The distance between front and rear lot lines measured in the mean direction of the side lot lines.

Lot Width (Average): The distance between the side lot lines, measured in one of the following manners, whichever is applicable as determined by the Director:

A. In the case of a regular-shaped lot, the width shall be measured along the front lot line;

B. In the case of an irregular-shaped lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten-foot intervals for the first 100 feet of the lot depth beginning at the front lot line;

C. In the case of a regular-shaped flag lot, the width shall be measured at a distance of 20 feet from the inside end of the flag pole; or

D. In the case of an irregular-shaped flag lot, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten-foot intervals for the first 100 feet of the lot depth beginning at the front lot line.

In no instance shall the dimension of a lot at its front setback line be less than the minimum average lot width required for the zoning district in question.




Figure 11-12.3: Lot width



Non-buildable Area: Lands with a slope greater than 25 percent are non-buildable areas and do not qualify as a development pocket, nor are they eligible to be calculated as open space for establishing a density bonus, unless classified as priority open space.

Percent Slope: The vertical rise divided by the horizontal distance within which the vertical rise takes place.

Story:

A. That portion of a building included between the upper surface of any floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

B. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Yard, Front: An area that extends across the full width of the lot adjacent to the front street line. Building design shall match respective yard types. For corner lots, either street may be designated as the front. Once chosen, the front yard designation and associated rear and side yards may not be changed.

Yard, Interior Side: A side yard that does not abut a street.

Yard, Rear: An area that extends across the full width of the lot between the rear line of the lot and the nearest line of the principal building.

Yard, Side: An area between the wall of the principal and accessory buildings, and side lot line, and between the front and rear lot line.

Yard, Street Side: On a corner lot, a side yard that abuts a street.

6500 C.F.S Setback Line: The line that demarcates the edge of visible moving surface water as determined by the City Engineer in accordance with the following procedures from which the setbacks required in this code are measured:

A. Shall be based upon a flow of 6500 c.f.s. in the river adjacent to the parcel being reviewed.

B. Shall only apply to natural channels, including side channels of the Boise River and to man-made channels if the man-made channel capacity is required in order to pass the 6500 c.f.s flow under normal flooding conditions.

C. Shall be the actual location of the water's edge except in areas of extended shallow backwater with no current. For purpose of definition, "shallow" shall mean one foot or less in depth.

The intent of this definition is to also specifically exclude seeps or other surface waters that are present, but not fed directly from river flows.

11-012-04: Historic Preservation Definitions


For the purposes of this Code, the following terms, phrases, and words shall have the meanings given herein. Additional definitions may be found in the Design Guidelines for Residential Historic Districts available in the Boise City Planning and Development Services Department. In the event of a conflict the definitions in this section shall take precedence.

Acquisition: The act or process of acquiring fee title or interest other than fee title of real property (including acquisition of development rights or remainder interest).

Addition: Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.

Alterations: Any act or process that changes 1 or more exterior features of a building or site. Construction, replacement or erection of new buildings, structures, objects or improvements.

Building (For Purposes of Designation): A resource created principally to shelter any form of human activity.

Certificate of Appropriateness: The document issued by the Historic Preservation Commission for any and all alterations (not including ordinary repairs per Section 11-05-09.10) within a designated historic district.

Change in Use: A certificate of appropriateness shall be issued by the Historic Preservation Commission prior to the approval of any change of zoning classification within a historic district. A change of zoning classification refers to any application, for property located within a historic district, for a zone change or any application for an addition, modification or deletion to an overlay district.

Character Defining Facade: Any elevation that contains features that helps to define a structure's significance.

Commission: Historic Preservation Commission.

Comprehensive Historic Preservation Planning: The organization into a logical sequence of preservation information pertaining to identification, evaluation, registration and treatment of historic properties, and setting priorities for accomplishing preservation activities.

Contributing: A contributing building, site, structure or object adds to the historic architectural qualities, historic associations, or archeological values for which a property is significant because (a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period, or (b) it individually meets the National Register eligibility criteria. For inventory purposes, "primary" shall be used synonymously with "contributing". This classification has been designated through a survey and a formal hearing process.

Demolition: Any act or process that permanently, substantially destroys or razes any building, site, structure or object in whole or in part.

Demolition by Neglect: Any act or omission that destroys or contributes to the destruction of a building.

Exterior Features: The architecture, color, size, location, type, style, kind, texture, design, general arrangement and material of a building, site, structure or object including, but not limited to, windows, doors, light fixtures, signs, appurtenant fixtures, streets, streetscapes, sidewalks and landscaping.

Historic District (Referred to as "HD" Overlay): Any area designated as such by ordinance which includes or encompasses such historic buildings, sites, structures or objects as the Commission may determine to be appropriate for historic preservation. Such designated district or districts need not be a single enclosed area nor do the areas or sites have to be contiguous to constitute a district. A district may include contributing, non-contributing or undeveloped properties.

Historic District - Residential (Referred to as "H" Overlay): An historic district that is predominantly of a residential nature. Non-residential structures may be included within, and be a component part of a Historic District - Residential.

Historic Easement: Any easement, restriction, covenant or condition running with the land designed and designated to preserve, maintain and enhance all or part of the existing state of places of historical, architectural, archeological, educational or cultural significance.

Historic Landmark: A district, site, building, structure or object that possesses exceptional significance in history, architecture, engineering, archeology or culture at the national, state, or local level and has been designated as a historic landmark through the public hearing process.

Historic Preservation: The research, protection, restoration and rehabilitation of buildings, sites, structures, objects or districts significant in the history, architecture, archeology or culture of the state, its communities or the nation.

Historic Property: A district, site, building, structure or object that is eligible for or listed on the National Register of Historic Places.

Improvement: A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement, costing labor or capital, and intended to enhance its value, beauty or utility or to adapt it for new or further purposes. Generally, buildings, but may also include any permanent structure or other development, such as a street, sidewalks, sewers, utilities etc.

Integrity: The ability of a property to convey its significance; includes the concepts of location, design, setting, materials, workmanship, feeling and association.

Inventory: A list of historic properties determined to meet specified criteria of significance.

National Register: The National Register of Historic Places. A list established by the National Historic Preservation Act of 1966 (as amended) and codified in 36CFR60 (as amended) of buildings, sites, structures, objects and districts having local, state or national historical, architectural or cultural significance and considered worthy of preservation.

National Register Criteria: The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. For further information on the criteria refer to the National Park Service website, National Register of Historic Places (http://www.cr.nps.gov/nr).

New Construction: Construction of an entire structure.

Noncontributing: A noncontributing building, site, structure or object may possess characteristics that make it important to the overall historic character of the district such as, but not limited to, mass, scale, streetscape features, setbacks or proximity to contributing structures. A building, site, structure or object within a district may be noncontributing because (a) it was not present during the period of significance, (b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or (c) it does not individually meet the National Register eligibility criteria. A noncontributing building, site, structure or object that is within an historic district remains subject to the Historic Preservation Ordinance. For inventory purposes, "secondary" shall be used synonymously with "noncontributing". This classification has been designated through a survey and a formal hearing process.

Object (For Purposes of Designation): A construction primarily artistic in nature or relatively small in scale and simply constructed, such as a statue or milepost.

Period of Significance: The length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. The period of significance for each historic district is described in each district's Statement of Significance which is available for review at the Boise City Planning and Development Services Department.

Person: An individual, firm, corporation, association, municipal corporation, or any other governmental or quasi-governmental agency, or group or combination thereof acting as a unit, except that nothing in this section shall be construed to allow the designation, regulation, conditioning, restriction or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies or instrumentalities.

Person in Charge: The person or persons possessed of the freehold, or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any person directly or indirectly in control of a historic property.

Planning Director: The Planning Director of the Boise City Planning Division of the Planning and Development Services Department charged with the administration of the city's planning and zoning documents, including those pertaining to historic preservation. The Director serves as the Secretary to the Planning and Zoning Commission and is directly responsible to the Director of the Planning and Development Services Department. This definition includes the Planning Director's designated representative, also referred to in this ordinance as Planning Staff. This definition also includes references to the Planning Administrator, Planning Official and other similar titles.

Preservation: The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

Primary Facade: The elevation that most characterizes a structure's significance; usually the front elevation.

Property: Land and that which is erected or affixed to the land. Real property extends to rights issuing out of, annexed to and exercisable within or about land. Property includes historic property as defined herein.

Reconstruction: The act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving building, site, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

Rehabilitation: The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values.

Restoration: The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.

Secretary of the Interior's Standards for Rehabilitation: Standards that were written pursuant to Federal Law to insure that work on historic buildings is done in such a manner which preserves the historical integrity of the building. For further information refer to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings and the Boise City Residential Design Guidelines both available in the Boise City Planning and Development Services Department.

Site (For Purposes of Designation): Location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archeological value regardless of the value of any existing structures.

Site Improvements: A modification to the grounds of a property not including the buildings or other significant structures such as garages. Such improvements may include, but are not limited to: fences, walls, greenhouses, storage sheds, light fixtures, hot tubs, swimming pools, fountains, barbeques, out-door fireplaces, playground equipment, steps or pavement.

Structure (For Purposes of Designation): A functional construction made for purposes other than creating shelter, such as, but not limited to, a bridge, canal or dam.

Structure (For All Other Purposes): Anything constructed or erected which requires permanent location on the ground or is attached to something having location on the ground. Structures may include, but are not limited to buildings, platforms, framework, antennas and prefabricated metal sheds.

Survey Form: A form that catalogues the age, style, contributing or noncontributing classification, address, location, photograph, date of inventory, name of surveyor, building permit history and other relevant information as may be required by the Planning Director or Historic Preservation Commission for a building, site, structure or object.

Temporary Features: Items that are erected or displayed for a limited amount of time, not to exceed 180 days at any one time unless otherwise approved by the Planning Director, which may include, but are not limited to: sidewalk cafe tables, chairs, fences, planters, umbrellas and bicycle racks.

Temporary Structures: A structure with or without a foundation that is erected for a limited amount of time, not to exceed 180 days at any one time unless otherwise approved by the Planning Director, which may include, but are not limited to: playhouses and play equipment, mobile buildings and carport/canopy structures.

11-012-05: Other Terms Defined


Abate: Means to repair, replace, remove, destroy or otherwise remedy a condition by such means and in such manner and to such an extent as the Director shall determine is necessary in the interest of the general health, safety, and welfare of the community.

Access: The place, means, or way by which pedestrians or vehicles shall have safe, adequate, and usable ingress and egress to a property, use, or parking space.

Access Aisle: An accessible pedestrian space between elements, such as parking spaces, seating, and desks that provides appropriate clearances for use of the elements by physically disabled people.

Access, Emergency: An additional route of access to a development for emergency vehicles. Use of emergency accesses is restricted to emergency vehicles by means of bollards, gates, or some other device to prohibit general use by the public. Emergency access must meet the requirements of the Uniform Fire Code as adopted by the Fire Department.

Access, Secondary: A second means of vehicular access to a development that may be either improved to the district's standards or private street standards.

Accessible: Describes a site, building, facility, or a portion of a site, building, or facility, that can be approached, entered, and used by physically disabled people.

Accessible Route: A continuous, unobstructed path connecting all accessible elements and spaces in a building or facility. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts.

Accessway: An unobstructed way of specified width containing a drive or roadway that provides vehicular access within a mobile home park and connects to a public street.

ACHD: Ada County Highway District.

Ada County Street Name Committee: An advisory group on street naming established by Ada County.

Adaptive Reuse: The modification of an existing building (most typically a single family dwelling) for use as either an office or a multi-family dwelling unit or a historic institutional use, while maintaining the architectural integrity of the original structure; or the conversion of any such structure back to its original use as a single family dwelling.

Adult Arcade: A premise where, for any form of consideration, one or more motion picture or slide projectors or similar machines for viewing by five or fewer persons each, are used to display any images emphasizing the depiction or description of specified sexual activities or graphically exposed specified anatomical areas. This shall also apply to any arcade that is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice or as required by law.

Adult Bookstores: A premise that is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice as required by law and has, at any one time, 60 percent or more of its stock-in-trade and offers for sale, trade, or rent of one or more of the following:

A. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or exposed specified anatomical areas;

B. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities; or

C. Goods that are replicas of or that simulate specified anatomical areas or goods that are designed to be placed on specified anatomical areas to cause sexual excitement thereof.

Adult Cabaret: A nightclub, bar, restaurant, or similar premise that features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or that features films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by specified sexual activities or specified anatomical areas.

Adult Motion Picture Theater: A premise where, for any form of consideration, has, at any one time, 60 percent or more of its stock, rented or owned, that shows films, motion pictures, video cassettes, digital images, slides or similar reproductions, and in which at least 50 percent of the total presentation time is devoted to the showing of material that is characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Affected Person: As used in Section 11-03-03.11, Mediation, "Affected Person" means the applicant or any member of the public who provided written or oral testimony in opposition to an application submitted to the city.

Affordable Housing: Housing for which the occupant(s) is/are paying no more than 30 percent of his or her income for gross housing costs, including utilities and where total annual household income does not exceed eighty percent (80%) of area median income. Affordable housing may provide both ownership and rental opportunity. An affordable rental property generally receives a subsidy or has received a subsidy to allow units to be rented at or below Fair Market Rent for income qualifying households or receives a rental voucher allowing a household to pay no more than 30% of its monthly income towards housing.

Agricultural Parcel: A parcel of land at least five acres in size that is in agricultural use and that may include the owner's residence, if the required street frontage is provided.

Alley: A minor public way that provides access at the back or side of a property or a secondary means of access to abutting property and that is not intended as a traffic thoroughfare.

Alterations, Structural: Any change, other than incidental repairs, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, and girders.

Animal, Large: Animals including horses, mules, donkeys, llamas, sheep, and goats. Other animals that are not listed but are of a similar size, as determined by the Director, are subject to all regulations in this Code for large animals.

Animals, Small: Animals such as rabbits, poultry, geese, domestic birds, and game birds, excluding such birds as are caged and housed inside the dwelling, and other animals deemed as such by the Director and not raised for commercial purposes. Commercial purposes or uses do not include FFA, 4-H, or other student projects.

Animal Unit: A unit of measure for determining livestock densities. Each mature horse, mule, or llama shall represent one animal unit. Any of the following groups of animals represent one animal unit: four mature sheep, swine, or goats; 12 mature chickens or ducks; six mature geese or turkeys or game birds; or ten mature rabbits. The animal unit equivalency for miniature versions of pigs and other animals shall be determined by the Director.

Annexation: The process by which the city's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code 2.C50-222.

Antenna: A transmitting or receiving device used in telecommunications that radiates or captures radio signals. Antennas include the following types:

A. Omni directional (or "whip") antenna: Receives and transmits signals in a 360-degree pattern, and that is up to 15 feet in height and up to four inches in diameter.

B. Directional (or "panel") antenna: Receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

C. Parabolic (or "dish") Antenna: A bowl-shaped device that receives and transmits signals in a specific directional pattern.

D. Ancillary antenna: An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

E. Other: All other transmitting or receiving equipment not specifically described in paragraphs A through D, above, inclusively, shall be regulated as for the type that it most closely resembles.

Apartment: A room or suite of rooms in a multiple-family structure that is arranged, designed, or used as a single housekeeping unit including complete kitchen and permanently installed sanitary facilities.

Apiary: A place where bee colonies are kept.

Appeal: A request for a review of any decision or interpretation of any provision of this code.

Appellant: A party of record or other person who is entitled by law to appeal and who initiates an appeal.

Applicant: An individual, corporation, firm, or group who submits and represents the subdivision application and undertakes the subdividing of a lot, tract, or parcel of land. If the applicant is not the property owner, the property owner's permission to submit the application must be submitted with the application.

Approved Topography: The natural topography of a parcel or the topographic conditions of a parcel approved by the city prior to the effective date of this Code, or as approved by a subdivision, conditional use permit, hillside and foothill development permit, grading permit, or building permit.

Architect: An individual holding a valid architect's license from the State of Idaho that renders or offers services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; providing preliminary studies; architectural design, drawings, and specifications; technical submissions; and administration of construction contracts.

Area of Impact: An area mutually agreed upon, including plans and codes, between the city and county as provided for by Idaho Code §67-6526 and §50-1306.

Area of Shallow Flooding (ASF): An area shown on the Flood Insurance Rate Map as an AO zone with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. These areas are also referred to as the alluvial fans, and are characterized as sheet flow.

Area of Special Flood Hazard (ASFH): Lands within Boise City that are subject to flooding from the base flood (or "100-year flood"). These areas are also referred to as the floodplain. Designation on maps always include the letters A or V.

Area with a Slope Greater Than Twenty-five Percent: An area with a natural (pre-grading) slope greater than 25 percent, mapped to a minimum resolution of 6,000 square feet in area, also called a Non-buildable Area.

Area with a Slope of Twenty-five Percent or Less: An area with a natural (pre-grading) slope of 25 percent or less, mapped to a minimum resolution of 6,000 square feet in area, also called a Buildable Area.

Argument Memoranda: Written arguments based on the established hearing record that are submitted after an appeal has been filed.

Attached: Anything physically connected to a building or structure so as to become an integral part of the building or structure. The term includes components of a structure joined together by a common wall, floor, or ceiling or a fully enclosed hallway.

Awning: A projecting cover extending over a door, window, or wall section with supports attached to the building and used as cover, protection, or as decoration.

Balcony: A platform enclosed by a parapet or a railing that projects from an exterior wall of a building and open to the sky. Balconies don not include stairs for exterior exiting.

Basement: The story or level of a building that is partially or totally below ground level.

Base Flood: A flood that has a one percent chance of being equaled or exceeded in any given year, and is synonymous with "one percent flood" and "100-year flood." Designation on maps always include the letters A or V.

Base Zone District: The zone district classification that is in effect on any given land for which standards are included in this Code.

Bee: Any stage of the life cycle of the common domestic honey bee.

Berm: A raised landform designed to provide visual interest, screen undesirable views, and/or decrease noise.

Block: A space along one side of a street that is the lesser of that between the two nearest intersecting streets, or that between an intersecting street and a right-of-way, waterway, or other similar barrier, but excluding alleys.

Boise City Foothills Planning Area: The area defined in the Foothills Policy Plan and the Boise City Comprehensive Plan within the Boise City Area of Impact Boundary.

Boise City Comprehensive Plan: The most current comprehensive plan officially adopted for Boise City and as subsequently amended.

Boise River Plan: That portion of the Boise City Comprehensive Plan titled Boise River Plan that includes both text and river maps.

Boise River System Overlay Districts: See Section 11-05-06.1, Boise River System Overlay Districts.

Buildable Parcel: A recorded lot, parcel, or tract that is eligible for a building permit, based on compliance with this Code, and that is not encumbered by an easement, plat note, or other restriction that prohibits building on the lot, parcel, or tract.

Buildable Site (Boise River System Overlay): A residential, commercial, industrial or office construction site that does not require dikes or rip-rap for protection against flooding.

Building: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings, and that is designed or intended for the shelter, enclosure, or protection of persons, animals, chattel, or property of any kind.

Building, Accessory: A building that is subordinate and incidental to the principal building or use on the same lot, but not including any building containing a dwelling unit.

Building, Completely Enclosed: A building enclosed by a permanent roof and by exterior walls pierced only by windows and normal entrance or exit doors.

Building, Detached: A building located on its own lot and physically separated from other buildings by required yards or open space.

Building Envelope: The designated area on a lot within which a building or other structure (including footings) must be contained.

Building, Existing: Any building erected prior to the effective date of this Code or one for which a legal building permit has been issued.

Building, Nonconforming: Any building that does not conform to the requirements of this Code.

Building, Principal: A building in which the principal use of the lot is conducted.

Building, Unfinished: A structure where construction has commenced but has been discontinued for a period of six months or has not been finished in accordance with the approved building permit and cannot be certified for occupancy or final building inspection.

Bulk: The size and mutual relationships of buildings and other structures as to size, height, coverage, shape, and location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same building, to other buildings or structures, and to all open spaces relating to the building or structure.

Business: The purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; the ownership or management of office buildings, offices, recreation, or amusement enterprises; or the maintenance and use for offices; or professions and trades rendering services.

Caliper: A measurement in inches of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six inches above the ground for all trees up to and including four inch caliper size, and twelve inches above the ground for larger sizes.

Canopy: A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material such as metal, glass, fabric, or plastic.

Carport: A structure open on at least two sides used to house or protect motor vehicles that are owned or operated by the occupants of the principal building.

Cellar: A storage room(s) located under the main floor or floors of a building and partly or totally below ground level.

Channel: The bed and banks of a river, stream, tributary, waterways, etc.

Class A, B, and C Lands and Waters: As used in Section 11-05-06.1, Boise River System Overlay District, lands and waters that provide habitats for fish, birds, and other wildlife.

Class 1, II, and III Trees: The classes of trees are defined for the purposes of this ordinance by the Tree Selection Guide, published by the Community Forestry Unit of the Boise Parks & Recreation Department (latest edition). Generally, Class I trees reach a mature height of no more than 30 feet, Class II trees mature to a height of no more than 60 feet, and Class III trees mature to 60 feet or greater in height.

Co-location: The use of a single support structure or site by more than one wireless communications provider.

Colony: As used in Section 11-06-07.4.B, Bee Keeping, bees in any hive including queens, workers and drones.

Commercial: Any activity conducted with the intent of realizing a profit from the sale of goods or services.

Common Area/Space: Land within a subdivision or development that is not individually owned or dedicated for public use that is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements i.e., recreation area, parking, landscaping, or others.

Common Driveway: A shared access that serves for ingress and egress that serves multiple residential parcels or lots, each having public or private street frontage.

Compensation: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values.

Compensation, In-kind: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values that are the same as those natural resource functions and values that are impacted by a proposed action.

Compensation, Out-of-kind: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values that differ from those impacted by a proposed action.

Compost: A humus-like material, produced from composting, that has been stabilized to a degree that is potentially beneficial to plant growth and that is usable as a soil conditioner, top soil, growing medium amendment, or other similar uses to buffer the soil Ph, improve soil aggregation and tilth, reduce erosion, enhance water infiltration and retention, increase soil porosity and aeration, slow the rate of temperature change in soil, provide food for soil microorganisms, or enhance availability of micronutrients in soils.

Concentrated Feeding Area: That part of a site in which animals are raised or kept in a confined area at some location within the parcel or reserve area. A concentrated feeding area may include any feeding or holding operation where animals are concentrated in an area that is:

A. Not normally used for pasture or growing crops and in which animal waste may accumulate, or

B. Any trough or similar feeding apparatus.

Conditional Use: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning and Zoning Commission and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses are issued for uses of land and, unless otherwise conditioned, are transferable from one owner of the land to another.

Conditional Use Concept Plan: An approval of a generalized development plan that does not include the details of proposed development. A detailed conditional use approval must be obtained for each phase of a concept conditional use plan.

Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Cubic Feet Second (CFS): Measurement of the rate of flow of water in the river or tributary.

Cul-de-sac: A dead-end street with turnaround space at its terminus.

Cut: To grade into a hillside in order to create a flat area or to steepen a bank. The mechanical removal of earth material.

Cut and Fill: The excavating of earth material in one place and depositing of it as fill in a different place.

Cut-off Date: A deadline for submittal of applications to be heard by the Planning and Zoning Commission or Design Review Committee at a public hearing.

Damaged or Dilapidated Building: A structure that has suffered significant damage or deterioration either from age, lack of care, or abandonment, or natural or manmade calamity to the degree that the exterior of the building walls, roof, doors, and windows are burnt out, falling down, significantly patched or boarded, or are structurally unsound.

Dead-end Street: A street connecting to another street at one end only and not having provision of vehicular turnaround at its terminus.

Decision-making Body: An officer or elected or appointed body with the authority to approve, modify, or deny a development application pursuant to this Code.

Dedication: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the applicable governmental body as a public dedication, either by Code or entry in the official minutes of that body.

Deep-rooted Plants: Shrubs and grasses that have an extensive root system and are useful for soil stabilization.

Development Pockets: The buildable areas, designated on the site plan and plat map, where the structures and appurtenances will be clustered. These areas will be largely less than 25 percent slope but may contain fragments of steeper areas as needed to accommodate the site design.

Development, Existing: Any development for which approval was given prior to the effective date of this Code such as concept plans entitling the applicant to proceed with preliminary or final platting, or a conditional use or building permit, and for which such approval has not expired. An extension of an existing approval after the effective date of this Code does not make a development an existing development.

Development, New: Any development for which an application has been filed on or after the effective date of this Code or approval of which has been extended on or after the effective date of this Code.

Director: The Director of the Planning and Development Services Department. This definition includes the Director's designated representative, e.g., the Planning Director, Zoning Administrator, Planning Official, Review Analyst, and other similar titles.

Director, Planning: The Director of the Planning Division of the Planning and Development Services Department.

Display, Outdoor: Placement of items out-of-doors (i.e., not within a building) for show and sale to the general public. Examples of this use include garden supplies placed in commercial parking lots by home and garden or other stores during spring and summer time. This use is distinct from "outdoor storage" or junk as elsewhere defined and may be approved on a temporary basis.

District, Zone: A section or part of the incorporated portion of Boise City, as set forth in Chapter 11-04, for which the use regulations are uniform.

District, Overlay: A zone district that adds a requirement(s) to the standards of the underlying zone district(s).

Driveway: A private access connecting a building such as a house or garage, with a street.

Dwelling: A building or portion a building containing one or more dwelling units. The term "dwelling" does not include any recreational vehicle, motel, hotel, guest house, or boarding house as defined in this Code.

Dwelling Unit: One or more rooms designed for or used as a residence for not more than one family, constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. A dwelling unit may be occupied by a family by up to five unrelated individuals, or by persons with a disability or elderly persons living in a group home as defined in this ordinance. The term does not imply or include types of occupancy such as lodging or boarding house, club, sorority, fraternity, or hotel.

Easement: A grant by the landowner of the right to use the owner's land for specific purposes.

Enhancement: As used in Section 11-05-06.1, Boise River System Overlay Districts, improvement of natural resource functions and values beyond the minimum required for mitigation.

Erosion: The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water.

Essential Grading: The minimum amount of grading required to complete the project proposed and still provide safe access and development of building sites consistent with the concept of the development.

Family: A group of individuals related by blood, marriage, civil union, adoption, or guardianship functioning as a single and independent housekeeping unit or persons occupying a group home as defined in this ordinance.

Facade Modulation: Stepping back or extending forward a portion of a building facade.

Feedlot: A lot or parcel on which livestock are fed intensively in order to fatten them for market. Does not include short-term holding pens for auction facilities or meat packing establishments.

Fill: A deposit of earth material placed by mechanical means.

Floodplain: The lands within Boise City that are subject to flooding from the base flood (100-year flood).

Floodplain District: Collectively, the Floodway, Floodway Fringe, and Area of Shallow Flooding Districts.

Floodplain Regulations: The portion of this Code regulating developments that fall within the 100-year floodplain of the Boise River or the tributaries as described on the Flood Boundary and Floodway maps as provided by the Federal Emergency Management Agency and adopted by the city.

Floodplain Schematic: See Appendix 1/Diagram a, Stream Corridor Schematic.

Fraternal Hall: The social use of a building or of any premises by a nonprofit association, where such use is restricted to enrolled members and their guests.

Girdling: Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree.

Grading: Any excavation, filling, or movement of earth for purposes of changing the shape or topography of the land.

Grading, Limits to: The maximum extent of grading allowed on an individual lot or parcel. Includes but is not limited to height and depth of cut or fill or both, side slope, amount of excavated material, engineering requirements, area of disturbance, and location (when the lot is restricted by a building envelope).

Greenbelt, Boise River: Land within 70 feet of the 6500 c.f.s flow line of the Boise River that may be owned by the city or over which the city may have a right of possession or use and that

A. Is designated by the Council to be retained in perpetuity for public use for purposes compatible with the aesthetic, wildlife, educational, and recreational values of the Boise River;

B. Will provide unrestricted access to the river; and

C. Will be developed and used to minimize water pollution, provide continuity of the public parks system, and create a buffer where necessary between conflicting land uses.

Gulches, Foothills: Regulated gulches located in the foothills surrounding Boise City that are subject to flash flooding, where the Federal Emergency Management Agency or the Public Works Department have determined floodway and floodway fringe zones. Foothill gulches include, but are not limited to:

A. Seaman's Gulch,

B. Stuart Gulch,

C. Pierce Park Gulch,

D. Polecat Gulch,

E. Crane Creek,

F. Hulls Gulch,

G. Cottonwood Gulch, and

H. Warms Springs Gulch.

Gulch floodplains and associated alluvial fans (AO zones) are regulated under the floodplain regulations of this Code when specific flood studies or determinations have been approved by Boise City.

Head-to-Head Spacing: Placement of sprinkler heads such that one sprinkler head sprays to the next (spacing is 50 percent of the sprinkler's spray diameter.)

Hearing Examiner: A city official that may be appointed pursuant to the authority granted in the Local Planning Act, specifically Idaho Code Section 67-6520, to conduct public hearings on matters before the Planning and Zoning Commission and to report to the Planning and Zoning Commission with proposed findings of fact and conclusions of law, a proposed order, and such other information as the Planning and Zoning Commission may require.

Hearing, Legislative: A public hearing that does not involve a specific application, but rather is global in nature, including but not limited to hearings on amendments to, or enactments of, any code or enactment, revisions or amendments to the Boise City Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced below. However, recommendations from the review bodies will be strongly considered. Therefore, interested persons are encouraged to make their arguments before the reviewing body.

Hearings, Quasi-judicial: A public hearing in which the review body or Council hears or makes decisions on the development of a specific property, such as conditional use and variance applications. On such applications the review body acts as the final decision maker and the Council sits as an appeals body. Quasi-judicial hearings do not include amendments to or enactments of any code, or enactments or revisions or amendments to the Boise City Comprehensive Plan.

Helipad/Heliport: A level area or pad, either at ground level or on a roof-top, where helicopters land and take off.

Heritage Sites: Sites within the Foothills Planning Area with historic, geologic, or cultural value, including threatened or endangered species habitat, as listed in the publication Potential Public Preservation Sites, by the Boise City Heritage Preservation Committee, 1993, and other sites designated as historic by city, state, or federal agencies.

Hillside and Foothill Areas: Areas with topographical slopes of 15 percent or greater, or where adverse slope stability, erosion, or sedimentation are likely to cause damage.

Historic Institutional Use: As used in Section 11-05-02, Conservation Overlay Districts, any school (public or private), church or other place of religious worship, commercial service use, or office use within a conservation district that is significant to the history, architecture, or culture of the district.

Hive: A structure intended for the housing of a bee colony.

Horticulture: The activity of growing fruits, vegetables, flowers, or ornamental plants.

House, Apartment: Any building or portion of a building that is designed, built, rented, leased, let, or hired out to be occupied, or that is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, including flats and apartments.

Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. Surfaces may include, but are not limited to, compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots.

Infill Site: Any lot or parcel within developed areas of the city, where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools, and fire protection have already been developed and are provided. Annexed areas located on the periphery of the city limits shall not be considered as infill sites. An infill site may be vacant or occupied. Where "infill" status is used as a criterion for an entitlement or permit, redevelopment or improved utilization of occupied land shall be permitted provided that other applicable standards, policies, and objectives are met or supported.

Interstate: One of a system of highways connecting the major cities of the 48 contiguous United States. No direct access to a property is provided.

Kitchen: Any room or portion of a room within a building that is designed and intended to be used primarily for cooking or preparation of food.

Landscaping: Any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection and replacement of existing trees.

Loading Space, Off-street: An open, off-street, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers as the purpose is to avoid undue interference with public streets and alleys.

Lot: A tract or land that has been platted as a portion of a recorded subdivision and is intended as a unit for transfer of ownership or for development.




Figure 11-12.4: Lot types



Lot, Corner: A lot that is bounded on two or more sides by streets; where the angle of intersection of the streets does not exceed 135 degrees.

Lot, Double Fronted: A lot other than a corner lot having frontage on 2 parallel or nearly parallel streets.

Lot, Flag or Key: A lot or parcel of land that includes a narrow projection or "flagpole" to the public right-of-way. The "flagpole" serves as a private or privately shared access to the buildable area of the lot or parcel and is not considered when calculating the lot area.

Lot, Frontage: That portion of a lot that abuts a public right-of-way or other access.

Lot, Interior: A lot other than a corner lot or reversed corner lot.

Lot Line: The boundary property line encompassing a lot.

Lot, Non-conforming: A lot of record that does not meet the dimensional requirements of this Code.

Lot, Reversed Corner: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.




Figure 11-12.5: Reversed corner lot



Lot Line, Front: The front lot line for a regular-shaped lot is the property boundary that abuts a public or private street; the front lot line for an undeveloped corner lot is either one of the property boundaries that abuts a public or private street, as selected by the property owner; the front lot line for a flag lot may be either:

A. The closest line, parallel or most nearly parallel to the public or private street at the end of the flagpole, or

B. A line perpendicular or nearly perpendicular to the public or private street at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of adjoining properties.

Lot Line, Rear: The boundary line of a lot that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line, the following shall apply:

A. In the case of a lot with a rear boundary formed by a single line that is parallel or nearly parallel to the front lot line, such rear boundary is the rear lot line.

B. In the case of a lot with a rear boundary formed by two or more lines, the rear lot line shall be a line at least ten feet in length within the lot that is furthest removed from and most parallel to the front lot line.

Lot Line, Side: Any property line that is not a front or rear lot line.

Lot of Record: A lot that has been recorded in the records of Ada County.

Lot of Record, Original: Any single recorded platted lot or parcel of land that was of record and a buildable lot or parcel before August 16, 1966, and that has not had subsequent boundary changes.

Lot of Record, Original Substandard: Any single recorded platted lot held in one ownership that was of record and a legal buildable lot or parcel before August 16, 1966, or at annexation, whichever occurred first, and that has not had subsequent boundary changes but that does not meet a minimum width of 50 feet and minimum area of 5,000 square feet for interior lots or minimum width of 70 feet and minimum area of 7,000 square feet for corner lots.

Main Channel: As used in Section 11-05-06.1, a portion of the Boise River that is not defined as a side channel. This includes lands and waters below the high water mark and the 6500 c.f.s. setback line, connection with the main channel of the Boise River and all islands claimed by the State of Idaho.

Maps, Zoning: The map or maps designating zoning districts.

Matched Precipitation Rates: Sprinklers that are designed to work together on the same irrigation valve to deliver an equivalent rate of water, regardless of the arc of the nozzle.

Mediator: As used in Section 11-03-03.11, Mediation, "mediator" means an attorney, land use consultant, or other professional person with experience in land use issues and mediation, retained by the City of Boise to conduct the mediation process.

Micro-pathway: A pathway providing access by way of a short travel link between points of destination. The length of a micro-pathway is generally less than 250 feet, or two lot depths. A micro-pathway may function alone or in conjunction with a pathway system such as the Boise River Greenbelt.

Minor Land Division: A Record of Survey for the division of a lot, tract or parcel of land into 2 to 4 parcels for the purpose of sale or building development that contains all elements required by this Code.

Mitigation: As used in Section 11-05-06.1, Boise River System Overlay Districts, measures to avoid impacts, minimize impacts, restore impacted areas, and compensate for impacts to a natural resource attributable to a proposed action.

Mitigation, Appropriate: Mitigation that avoids impacts to, minimizes impacts to, restores, or replaces the functions and values of a natural resource, and is consistent with the scope and degree of those impacts attributable to a proposed action.

Mitigation, Practical: Mitigation that is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Mitigation Sequence: As used in Section 11-05-06.1, Boise River System Overlay Districts, a prescribed procedure for planning mitigation that requires negative impacts to a natural resource attributable to a proposed action to be mitigated.

Mobile Home, Rehabilitated: Any mobile home constructed prior to June 15, 1976 (the effective date of the National Manufactured Housing and Safety Standards Act of 1974), that are currently sited within Idaho or that may be brought into the state after July 1, 1998, that have been upgraded to comply with Chapter 25, Title 44, Idaho Code and received a "Certificate of Compliance" from the Division of Building Safety of the State of Idaho.

Modular Lotting: Narrow parcels of land, with a minimum width of 18 feet that can be built upon singly as an attached (row house) product, or combined to 36 feet or more for a single family detached product. Modular lotting has historically encouraged a mix of housing size and product types ranging from large single family homes to small attached townhomes.

Motor Vehicle Junked/Abandoned: Any automobile, truck, or other vehicle that is inoperable or in some obvious state of disrepair or abandonment. The following factors, among others, shall be considered individually in determining whether or not a vehicle is inoperable, junked, or abandoned:

A. The vehicle is currently inoperable. This shall include, but is not limited to the vehicle not having body parts to be in working condition; such as missing engine, transmission, tires, windshield, mirror, taillight, head light, or battery;

B. The vehicle has been parked for at least 30 days on property not owned or rented by the vehicle owner;

C. The vehicle has not been licensed or registered for at least 30 days; and

D. The vehicle has been parked for 30 days on property where the premises have been vacated.

Mulch: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds.

Natural Resources: As used in Section 11-05-06.1, Boise River System Overlay Districts, all of the plants, animals, and environmental and ecological processes that occur in aquatic, wetland, riparian, and upland environments associated with the Boise River.

Natural Resource Functions and Values: As used in Section 11-05-06.1, Boise River System Overlay Districts, environmental, ecological, recreational, historic, and cultural benefits attributable to natural resources that occur in aquatic, wetland, and riparian, and upland environments associated with the Boise River. They are further described in the Federal Highway Administration publication titled A Method for Wetland Functional Assessment and the US Army Corps of Engineers publication titled Wetland Evaluation Technique (WET) II.

Nonconforming Use: Any use, parcel or structure that was legally established but that is not in compliance with this Code due to a subsequent ordinance amendment, annexation, change of zoning, eminent domain or similar action as of [the effective date of this Code]

Non-residential Structure: A building other than a residential structure. The term includes but is not limited to buildings used for places of assembly, education, child care, business, maintenance, storage, manufacturing, government, hospitals, sanitariums, nursing homes, hotels, and motels.

No Net Loss: As used in Section 11-05-06.11-05-06.1, Boise River System Overlay District, a measure of the success of mitigation that requires avoidance, minimization, restoration, and compensation of all functions, and values of a natural resource impacted by a proposed action.

Notice of Buildable Parcel: A recorded notice executed by the parcel owners and the Director evidencing compliance with the provisions of Section 11-09-01.2 creating public notice in the real property records of Ada County of the establishment of a buildable parcel with boundaries different from any underlying plat or other division of land.

Nucleus Colony: A smaller colony used for educational purposes, queen maintenance and rearing, or for use in the capture and future integration of a swarm into a viable colony. A nucleus colony is comprised of significantly fewer bees than a conventional colony and is contained in a structure that is approximately one-half the size of a normal hive.

Nuisance, Attractive: Any property condition, instrument, property structure, or machine that is unsafe, unprotected, and that presents a health or safety hazard to the general public, whether in a building, on the premises of a building, or on an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation that may prove hazardous or dangerous to inquisitive minors.

Nuisance, Public: The following shall be defined as a public nuisance. The owner or person in control shall maintain all property, premises, or rights-of-way in a nuisance-free manner.

A. Abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment, or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture not designed for outdoor use, household fixtures, machinery, equipment, cans, or containers standing or stored on property, sidewalks, alleys, and streets that can be viewed from a public street, walkway, alley, or other public property and are readily accessible from such places, or are stored on private property in violation of any other law or Code;

B. Discarded putrescibles, garbage, rubbish, refuse, or recyclable items that have not been recycled within 15 days of being deposited on the property;

C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) that could constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety;

D. Lumber (excluding lumber for the construction project on the property with a valid building permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 30 days and visible from a public street, walkway, alley, or other public property;

E. Receptacles for trash, discarded materials, and recyclables that are left in the front yard or on public rights-of-way on any day except the day of the regularly scheduled refuse pick-up for the property;

F. Swimming pool, pond, spa, other body of water, or excavation that is abandoned, unattended, unsanitary, empty, that is not securely fenced, or that poses a threat to be detrimental to human life, health, or safety; and

G. Weeds, grasses or other vegetation which (1) cover 50 percent or more of any lot or yard; (2) average 12 inches or more in height; and, (3) could become a fire hazard.

H. Trees, shrubs or other vegetation blocking public rights-of-way or clear vision triangles lower than a height of 8 feet above the rights-of-way or clear vision triangle.

One and One-Half Story Structure: A structure that does not exceed 18-feet in height to the midline of the roof. The structure also provides the second story within a basement that is sunk into the ground a minimum of 4-feet or is located within a pitched roofline located within a front gable, the exterior second floor wall height shall not exceed 2-feet 6-inches in height and contains a maximum of one dormer on each side of the structure that does not exceed 8-feet in width.




Example of second story within a basement






Example of second story within pitched roofline



Occupancy Permit: The approval to occupy a building that is granted after zoning and building requirements and conditions of approval, if any, have been met or bonded for.

One-hundred Year Flood: The flood having a one percent chance of being equaled or exceeded in any given year, and is synonymous with "Base Flood."

Open Space: An open area for a visual amenity, passive recreation, or active recreation.

Open Space, Eligible: An area of one acre or greater in size with a slope of 25 percent or less and a minimum average width of 30 feet, that is set aside as preserved open space in return for an increase in density on other buildable areas of the site, according to the density bonus formula. Other open space areas that do not meet these criteria may also be counted as open space eligible for the density bonus if they meet the criteria established in 11-07-09.4.B for priority open space and are approved by the Planning and Zoning Commission.

Open Space, Preserved: Land dedicated on the plat and defined in the conditional use permit for the very limited uses of undeveloped natural open space, wildlife habitat, and recreational uses, and applied toward the granting of a density bonus based upon such open space preservation. Preserved open space may be either public or private, or any combination of the two, and shall be permanent.

Open Space, Priority: Unique lands that exhibit at least four of the 12 characteristics or factors listed in Section 11-07-09.4.D(3)(a). These lands may not meet the size, slope, or dimensional criteria for eligible open space, but may still be allowed to be set aside as preserved open space for purposes of the granting of a density bonus. The type, location, and amount of priority open space eligible for a density bonus is to be determined by the Planning and Zoning Commission based upon how many of the priority open space factors they exhibit, as well as upon a demonstration that the public value of the open space will be enhanced by such allowance.

Open Space, Private: An open area for passive or active recreation developed, designated, and protected for the benefit and private use of the employees or residents within a planned development or residential development.

Ordinary High Water Mark: The Ordinary High Water Mark (OHWM) is the line that the water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. The location of the OHWM is determined on-site by the Idaho Department of Lands for purposes of determining land ownership only.

Organic Matter: Plant materials including: leaves, grass, brush, weeds, tree or shrub trimmings, garden debris, and vegetative kitchen garbage.

Original Tract: A lot, parcel, or tract in existence prior to or on October 30, 1965, without subsequent change of boundaries or size. Conveyance of an external portion of the original tract for public right-of-way to a governmental entity such as the Idaho Transportation Department or Ada County Highway District subsequent to October 30, 1965, does not constitute a change of boundaries or sizes for purposes of a determination of original tract status.

Owner: The fee owner of the real property subject to this regulation. The owner may assign, in writing, application submittal and subdivision development authority to an applicant who is not the owner. To the extent an owner is applying for subdivision of property in its own name, such owner shall be the "applicant" for purposes of this Code.

Parcel: A lot or tract of land. Parcels are generally described by a metes and bounds legal description or references to quadrangular survey measurements utilizing sections, townships and ranges, or government lots.

Parcel, Landlocked: A tract of land that does not abut a public or private street.

Park and Ride Facilities: Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.

Partial Two-Story Structure: A structure that limits the second story floor plate to reduce the height, bulk and massing of the structure. This can be achieved by increasing the second story setbacks by a minimum of 3-feet beyond the minimum front, side and rear setbacks required by the zone. It may also contain the second story within a pitched roofline located within a front gable and the building height is a maximum of 18-feet to the midline of the roof that has an exterior second floor wall height no greater than 2-feet six-inches in height and a maximum of two dormers with a maximum width of 8-feet located on each side of the structure. It may also contain the second story within a pitched roofline within a side gable and the building height is a maximum of 25-feet to the peak of the roof and 18-feet to the midline of the roof with any dormers on the front or rear of the structure no greater than 10-feet in width.




Example of a second story contained within a pitched roofline with two side dormers






Example of a second story contained within a pitched roofline with front and/or rear dormers






Example of setbacks increased by a minimum of three feet



Parking Court: A clustered parking area located off the main roadway and near the building that it serves and designed to preclude cut-through vehicular travel except for by emergency vehicles.

Parking, Covered: A carport that provides full overhead protection from the elements with ordinary roof coverings.

Parking Lot Replacement: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds.

Parking, On-site: Any required parking space that is located on the same site as the principle use that the parking is intended to serve.

Parking Space: A usable space for the storage of one passenger automobile or commercial vehicle, exclusive of access drives, aisles, or ramps, within a public or private parking area or a building that meets the parking standards of this Code.

Parking Space, Tandem: A parking space designed to accommodate two vehicles parked in tandem (one behind the other) that meets all the parking space dimensional standards as outlined in Section 11-07-03.4.A, Dimensional Standards.

Parkway: A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic.

Parties of Record: The applicant, property owner, Planning Director, and those who testified orally or in writing at the lower hearing.

Parties to the Appeal: The appellant(s), the applicant, and the property owner.

Paths, Bicycle and Pedestrian: Specifically refers to paved bicycle paths or unpaved pedestrian paths built within the Boise River System Management District. Paved bicycle paths shall meet the requirements of the Bicycle/Pedestrian Design Manual for Ada County (1978) and other appropriate and relative design manuals.

Pathway: Any sidewalk, route, lane, path, corridor, open space, or trail designated to move people by non-motorized means for transportation or recreation, including micro-pathways.

Participating Parties: As used in Section 11-03-03.11, Mediation, and "participating parties" means those individuals who have agreed or have been directed to participate in the mediation process, including the applicant and affected persons.

Person: A natural person, heirs, executors, administrators, or assigns - including a firm, partnership, or corporation - its or their successors or assigns, or the agent of any of the aforesaid.

Petitioner(s): As used in Section 11-03-03.11, Mediation, "petitioner(s)" means the person or persons who submit the request for mediation to the City of Boise. This may be the Planning and Zoning Commission, Council, applicant, or other affected person.

Planned Unit Development (PUD): A use or a combination of uses planned for a tract of land to be developed as a unit under single ownership or control and that may include two or more principal buildings.

Plat, Preliminary: A preliminary plan of a proposed subdivision or condominium that contains all elements required by this Code and provides sufficient information to allow for public review and evaluation.

Plat, Final: The plat map of a subdivision, cemetery, condominium, or a replatting of such, prepared by a State of Idaho licensed land surveyor for filing and recording by the County Recorder and containing those elements required by this Code, including certification, descriptions, and final approvals. A final plat, upon its being filed and recorded by the County Recorder, shall be known as an authorized plat.

Plot Plan: A "to scale" drawing of a lot or lots showing the actual measurements, the size and location of any existing building(s) to be erected, the location of the lot in relation to abutting streets, use and development of the land, and other such information. "Site plan" is a term that is often used interchangeably with plot plan.

Pressurized Irrigation Systems for Individual Lots: A pressurized water distribution system that distributes non-potable water to individual lots for irrigation purposes. Typical sources of water include non-treated Boise River water, canal water, irrigation return water or well water.

Principal Dwelling: The primary building designed and used for human habitation on a property.

Principal Use: The main use of land or buildings, as distinguished from a subordinate or accessory use.

Project Engineer: Professional engineer registered in the State of Idaho retained by the developer to supervise a specific development or phase of a development.

Public Pathway: A public path used by walkers or bicyclists.

Quasi-public Use: A use that is essentially public, although it is under private ownership or control.

Quorum: A majority of the authorized members of a board or commission.

Recreational Vehicle (RV): A portable vehicle or structure used primarily for recreation, hobbies, vacations, extended travel, camping, sports, and aquatic use. An RV may be self-propelled, towed, or transported by trailer. Includes, but is not limited to, motor homes, converted buses, camping, and travel trailers, light-duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers, and off-street vehicles such as snowmobiles, dune buggies, all-terrain vehicles, and any type of three or four-wheeled sport racing or drag vehicle.

Regulatory Taking: A regulatory or administrative action resulting in deprivation of private property that is subject of such action, whether such deprivation is total or partial, permanent, or temporary, in violation of the state or federal constitution.

Repair: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any other change in a structure such as would be required by additions to or remodeling of such structure.

Residential Floor Area: Amount of all livable space including basements and bonus rooms.

Residential Structure: A building used as a dwelling for one or more persons. The term includes, but is not limited to houses, mobile homes, apartment buildings, lodging homes, and dormitories. The term also includes accessory use areas that are used in conjunction with and form an integral part of a residential structure.

Re-striping (Parking Lot): Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles.

Revegetate: To replant an area with vegetation (e.g., trees, shrubs, or grasses).

Review Body: The Planning and Zoning Commission, the Historic Preservation Commission, the Hearing Examiner, or the Design Review Committee, when designated to review the application.

Riparian Area: Relating to or living or located on the bank of a natural water course as a stream or river; or the stream corridor consisting of riparian vegetation, stream carved topography, and features that define a continuous corridor on either side of a stream or pond; or all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal, or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds, and lakes and their margins.

Riparian Community: All plant and animal species within a given riparian area.

Riparian Habitat: A riparian area where a plant or animal lives; the sum total of environmental conditions in the area. It may also refer to the place occupied by an entire community of plants or animals.

Roof: The outside top covering of a building or structure.




Figure 11-12.6: Roof types


Roof, Flat: A roof that is not pitched and the surface of which is parallel to the ground.

Roof, Gable: A ridged roof forming a gable at both ends of the building or structure.

Roof, Gambrel: A ridged roof with two or more slopes on each of two sides and forming a gable at both ends of the building or structure.

Roof, Hip: A roof with sloping ends and sides.

Roof, Mansard: A roof with two slopes on each of four sides, the lower slope being steeper than the upper slope.

Roof, Shed: A roof with one slope.

Service Drive: A privately owned and maintained drive that provides access to parking lots and spaces, loading spaces, drive-up windows, or other areas that need a provision of access. Types of service drives include: individual private driveways, common driveways, entry drives, drive-through lanes, and parking aisles.

Setback: The space on a lot or parcel that is required to be left open and unoccupied by buildings or structures, either by the requirements of this Code or by delineation on a recorded subdivision map.

Sewer Entity: The public agency having the jurisdictional responsibility for providing sanitary sewer service.

Sexually Oriented Business Employee: Any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated as an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Sexual Encounter Premises: A premises other than a hotel, motel, or similar premises offering public accommodations, that, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include a premise where an Idaho licensed medical practitioner, psychologist, psychiatrist, or similar professional person engages in medical or sexual therapy.

Shared Reserve Areas: Are those areas on a given lot on which the animals on neighboring lots are allowed, on a weekly or more frequent basis, to occupy for grazing or other activities.

Side Channel: A stream or watercourse, either natural or manmade, that generally flows from or into the Boise River. This includes waterways developed as amenities in residential or commercial developments.

Sign: Any display or device consisting of attached or painted letters, symbols, or designs, and including any moving parts, lighting, sound equipment, framework, background material, or structural support, that display or device is intended to communicate business identification, an advertisement, announcement, direction, or other message or attract, distract, hold, direct, or focus public attention. The term shall not include commodities and their attached labels and price tags.

Site Plan: See Plot Plan.

Slope Protection Area: A non-buildable area with a slope greater than 25 percent that does not qualify as buildable area for the density bonus within either a development pocket or preserved open space, and is designated as such on the conditional use site plan and the subdivision plat.

Special Exception: A special approval granted by the Council for a use that is not identified as an allowed or conditional use within the zoning district subject to conditions set forth in this Code.

Specified Anatomical Areas: Any of the following parts of the human body with less than full opaque coverings: the human genitals, anus, cleft of the buttocks, or the female breast.

Specified Sexual Activities: Shall mean and include any of the following whether actual or simulated:

A. The fondling or other erotic touching of any specified anatomical areas;

B. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain;

C. Sexual intercourse, masturbation, sodomy, oral copulation, coitus, ejaculation;

D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above;

E. Erotic or lewd touching, fondling, or other contact with an animal by a human;

F. The exposure of display of human genitals in a state of sexual stimulation, arousal, or tumescence; or

G. Erotic dancing or rhythmic movements with a device, instrument, object, or pole.

Under no circumstance shall the issuance of conditional use permit be considered an affirmative defense or consent by the City of Boise for any activity that is prohibited by federal or state law, or any other prohibition not a part of this section of the Boise City Code.

Stable, Private: A detached accessory building or structure for the keeping of one or more horses or cows that is owned and used by the occupant of the premises and not for remuneration, hire, or sale.

Stable, Riding: A building or structure used or designed for the boarding or care of riding horses.

Street: The public right-of-way or private property and related improvements that provides vehicular and pedestrian access to adjacent properties. The term "street" also includes the terms highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place, and other such terms.

Street, Arterial: Any street as designated by the ACHD, whether existing or proposed, with a primary purpose of carrying through traffic and designed with limited access to abutting property. Direct lot access is restricted.

Street, Collector: Any street, as designated by the ACHD, existing or proposed, with a primary purpose and design to intercept traffic from the local street system and carry it to the nearest arterial street, while provided limited access to abutting property. Direct lot access is restricted.

Street, Frontage: A minor street, parallel to and adjacent to an arterial street, that has the primary purpose of providing access to abutting properties.

Street Frontage: Distance measured along the property line that fronts upon a street or alley. To constitute frontage, the subject street or alley must provide access to abutting properties.

Street, Gateway: Streets within Boise City as listed below:

A. Broadway Avenue, from I-84 to Warm Springs Avenue,

B. Capitol Boulevard,

C. Federal Way, from Capitol Boulevard to Bergeson Street,

D. Front Street,

E. Myrtle Street,

F. Parkcenter Boulevard,

G. State Street, from the State Capitol to State Highway 55,

H. Vista Avenue, from I-84 to Capitol Boulevard, and

I. Warm Springs Avenue.

Street, Local: Any public street, other than an arterial or collector, designed to provide access to abutting property and principally serves local traffic.

Street, Private: A street approved by the Council in conformance with the subdivision regulations of this Code that provides both access and street frontage for individual lots. Private streets are owned and maintained by private individual(s) or entities. Governmental entities do not own nor maintain private streets.

Street, Public: A right-of-way that provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the ACHD. The term "street" includes also the terms highway, thoroughfare, parkway, road, avenue, boulevard, place, and other such terms.

Street Vista: The view, framed by buildings, at the termination of the axis of a thoroughfare.

Structure: Anything constructed or erected, except a fence, that requires location on the ground or is attached to something having location on the ground including, but not limited to, buildings, platforms, frame work, antennas, portable carport or cover, prefabricated metal, or plastic sheds and tents.

Subdivision: The division of a lot, tract, or parcel of land into two or more lots for the purpose of transfer of ownership or for the construction of improvements thereon, whether immediate or future, including dedication of streets.

Surveyor: A person authorized by the State of Idaho to practice the profession of land surveying.

Theater, Adult: See Adult Motion Picture Theater.

Topping: "Rounding" or any other term that can be described as severe cutting back of limbs within a tree crown to buds, stubs or laterals not large enough to assume a terminal role or as defined in ANSI A300. Other common terms for topping include stubbing, heading, heading-back, stubbing off, tipping, lopping or roundover.

Townhouse: An attached single family dwelling unit located on a platted lot and for which the individual owner may acquire title to the unit and lot. An estate consisting of a fee simple interest in the structure and specific identified land. A townhouse may have an undivided common interest in the common areas including but not limited to sidewalks, open spaces, and recreational facilities and private drives.

Tract: A generic term for an area of land that does not denote a specific condition. Used when speaking of both platted lots and unplatted parcels.

Trailer, Travel: A vehicular portable structure designed as temporary living quarters for travel, recreational, and vacation uses.

Triangular Spacing: Placement of sprinkler heads in an equilateral triangular pattern. The distance between heads in each row must be head-to head spacing as per the definition in this section.

Tributary: A stream or watercourse, excluding manmade waterways exclusively used for irrigation, that flows into the Boise River that flows for all or a portion of the year.

Undisturbed Land: Land whose topography has not been changed by acts of man.

Upland Areas: Areas within the floodplain that are not defined by the Code as wetlands or riparian areas. See also Natural Resource Functions and Values.

Urban Farm: Land used to grow plants and harvest food or ornamental crops for educational purposes, donation, and use by those cultivating the land, or for sale locally. Gardens that are accessory to a home are not considered urban farms.

Utilities: Water, sewage, gas, telephone, cable television, pressure irrigation, electricity, and similar facilities normally providing individual customer service to a building site.

Utility, Public: Any person, company or municipal department that is duly authorized to furnish to the public under public regulations electricity, gas, steam, telephone, transportation, or water.

Use: The purpose for which land or a building thereon is designed, arranged, or intended or for which it is occupied, maintained, or leased.

Variances: A modification of the requirements of this Code as to lot size, lot coverage, lot width, street frontage, setback requirements, parking requirements, loading requirements, or other code provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.

Vehicle, Commercial: A vehicle or trailer with a gross vehicle weight of over 8,000 pounds and designed for commercial use, construction equipment; any standard type vehicle with commercial or industrial attachments or modifications including but not limited to lifts, tanks, spray equipment, cranes, and extension platforms utilized for commercial use or constructive equipment.

Wetland: An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances supports a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include saturated swamps, marshes, bogs, and similar areas.

Wetland, Emergent: Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses, and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. Other common names are "marsh" and "slough."

Wetland, Forested: Wetland areas characterized by wood vegetation over 20 feet tall and possessing an overstory of trees, an understory of young trees or shrubs, and an herbaceous layer.

Wetland, Riparian Functions and Values: As used in Section 11-05-06.1, Boise River System Overlay Districts, includes water quality protection and improvement, habitat for fisheries and wildlife, nutrient retention and removal, channel stability, food chain support, flood storage,and desynchronization, groundwater recharge and discharge, active, and passive recreation, aesthetics, and cultural resources. See also, Natural Resource Functions and Values.

Wetland, Scrub-shrub: Wetland areas that are dominated by woody vegetation less than 20 feet tall. The species include true shrubs, young trees, and trees, and shrubs that are stunted because of environmental conditions. Includes types such as alder, willows, dogwood, and red maple.

Wet-line Sewer: An operating public sewer capable of serving a structure immediately upon connection.

Wireless Communications: Wireless communications shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 that includes Federal Communications Commission licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless Communication Facility (WCF): An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. WCF's are composed of two or more of the following components:

A. Antenna,

B. Support structure,

C. Equipment enclosure, and/or

D. Security barrier.

Wireless Communication Facility, Attached (Attached WCF): An antenna array that is attached to an existing building or structure (attachment structure) with any accompanying pole or device (attachment device) that attaches the antenna array to the existing building or structure, transmission cables, and an equipment facility that may be located either inside or outside of the attachment structure. Such structures shall include, but are not limited to, utility poles, signs, and water towers.

Yard: An open space on the same lot with a principal building or group of buildings, that is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Code, and that extends along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located.

Yard Sale: The on-premise sale of new or used household or related goods from a residential lot; also known as a garage sale or rummage sale. The duration of yard sales shall not exceed 72 hours. A maximum of two such sales shall be permitted from any one residence within the same calendar year.

Zero Lot Line Development: Single family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line or attached sidewalls on a property line.

Zoning Certificate: A notation attached to a building permit, occupancy permit, or business license or that is issued separately by the city, certifying that the building, structure, use, or occupancy specified is in compliance with relevant zoning regulations and approvals.