11-06-01: Table Of Allowed Uses
Table 11-06.1 below lists the principal uses allowed within all base zoning districts. Each of the listed uses is defined in Chapter 11-12, Definitions.
1. Table Organization: In Table 11-06.1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended as an indexing tool and are not regulatory.
2. Explanation Of Table Abbreviations:
A. Allowed Uses: "A" in a cell indicates that the use is allowed by right, without special conditions other than those imposed upon other uses by right in the district. Allowed uses are subject to all other applicable regulations of this Code.
B. Allowed Subject To Use-Specific Standards: "A*" in a cell indicates that the use is allowed by right, subject to administrative review to verify compliance with use-specific standards in this chapter. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to use standards in this chapter. These standards apply in all districts unless otherwise specified.
C. Conditional Uses:
(1) "C" in a cell indicates that in the respective zoning district the use is allowed only if reviewed and approved in accordance with the procedures of Section 11-03-04.6, Conditional Use Permits. Conditional Uses are subject to all other applicable regulations of this Code, including the use-specific standards in this chapter and the requirements of Chapter 11-07, Development and Design Standards.
(2) The "C" designation in Table 11-06.1 in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each Conditional Use permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved or denied as the findings indicate appropriate.
(3) (3) "C+" in a cell indicates that the use may only be approved as part of a larger mixed-use project comprised of principally allowed uses as described in Section 11-04-04.1.B.
D. Prohibited Uses: A blank cell indicates that the use is prohibited in the respective zoning district.
3. Use For Other Purposes Prohibited: Approval of a use listed in Table 11-06.1, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 11-06.1 and approved under the appropriate process is prohibited.
4. Classification Of New And Unlisted Uses: In order to provide for new types of land uses not listed in Table 11-06.1, a determination as to the appropriate classification of any new or unlisted form of land use shall be made. When application is made for a use category or use type that is not specifically listed in Table 11-06.1, the Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Director shall consider its potential land use impacts, including but not limited to:
A. The nature of the use and whether it involves a household living unit;
D. Type of product, storage and amount, and nature thereof;
E. Enclosed or open storage;
F. Anticipated employment;
G. Transportation requirements;
H. The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and
I. General requirements for public utilities such as water and sanitary sewer.
5.Table Of Allowed Uses:
|Table 11-06.1: Allowed Uses|
|Use Category/Type||A-1||A-2||R-1A||R-1B||R-1C||R-1M||R-2||R-3||R-O||N-O||L-O||C-1||C-2||C-3||C-4||C-5||PC||U||HS||M-1||M-2||M-4||T-1||T-2||Additional Regulations|
Single- and Two-Family Living
|Accessory Dwelling Unit||A*||A*||A*||A*||A*||A*||A*||A*||A||11-06-03.1.A|
|Dwelling, Single-family (including group homes)||A||A||A||A||A||A||A||A||A||C||C||A*||A*||A*||C||C||A||A|
|Enhanced Manufactured Home||A||A||A||A||A||A||A||A||A||C||C||C||C||A||A||11-06-03.1.C|
|Stock Manufactured Home|
| Manufactured Home/ |
Manufactured Home Community
|Multi-family Building, 3 - 6 units, not to exceed 20 units per acre||C||C||C||A*||C||A||A||C||C||C||C||C||C||A||A||A|
|Multi-family Building, 7 - 20 units per acre||A||A||C||C||C||C||C||C||A||A||A|
|Multi-family Building, more than 20 units per acre, including High Rise||C||A||C||C||C||C||C||C||A||A||C|
Planned Unit Development
|Boarding or Rooming House/Bed & Breakfast||C||A||A||C||C||A*||C||C||C||A||C||C|
|Convalescent Home, Nursing Home||C||C||A||C||C||C||C||C||C||C||C|
|Fraternity or Sorority House||C||C||C|
Child and Adult Care
|Adult Day Care||A*||C||A*||A*||C||C||11-06-04.1.A|
|Child Care Home (1 - 6 children)||A||A*||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||11-06-04.1.B|
|Group Child Care Home (7 - 12 children)||A*||C||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||11-06-04.1.B|
|Group Child Care Center (7 - 12 children)||C||C||C||C||C||C||C||A*||A*||A*||A*||C||C||C||A*||A*||C||C||11-06-04.1.B|
|Intermediate Child Care Center (13 - 20 children)||C||C||C||C||C||C||C||A*||C||A*||A*||C||C||C||A*||A*||C||C||11-06-04.1.B|
|Large Child Care Center (21+ children)||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||11-06-04.1.B|
|After-school Child Care in school building||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||11-06-04.1.B|
|Radio and Television Stations||C||C||C||C||C||C||C||A||A||C||C||A|
|Microcell Wireless Communication Facility (WCF)||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||11-06-04.2.A|
|Monopole WCF, less than maximum height of zone district||A*||A*||C||C||C||C||C||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||11-06-04.2.A|
|Monopole WCF, more than maximum height of zone district||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||11-06-04.2.A|
|Visually Unobtrusive/Attached WCF||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||11-06-04.2.A|
|Club, Lodge, Social Hall||C||C||C||C||A||A||A||C||A|
|Government Buildings, non-industrial||C||C||C||C||C||C||C||C||A||A||A||A||A||A||A||A||A||A||C|
|Uses Related to and Operated by a Religious Institution||C||C||C||C||C||C|
|Private Commercial School||C||C||C||C||C||C||C+||C||C||A||A||A||C||A||A||C|
|Trade or Vocational School||C||C||C||A||C||C||C||C||C||C|
|University - Uses within 50' of campus boundary||C|
|University - Uses within 300' of southern boundary between Denver and Capitol||A*|
|Medical Research Facility||C||C||C||C||C||C||C||C||A||C||A||A|
|Parks, Recreation and Open Space|
|Forest Reserve or Recreation Area||A||A|
|Golf Driving Range||A||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C|
|Park or Playground||A||A||C||C||C||C||C||C||A||A||A||A||A||A||A||A|
|Public Plaza or Open Space||A||A||A||A||A||A||A||A||A|
|Single Resident Occupancy Hotel||C||C||C||C||C|
|Aircraft Landing Field||C||C||C||C|
|Transit Terminal, Trucking Terminal||A||A||A||C||C|
|Gas Fired Power Plant||C||C|
|Utility Facility, Minor||C||C||A*||A*||A*||A*||A*||A*||A*||A*||A||A||A||A||C||A*||A||A||A||A||A|
|Utility Facility, Major||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||11-06-04.5.A|
|Public Service Poles 85 feet or under||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A|
|Public Service Poles over 85 feet||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C||C|
|Utility Shop or Storage Facility||C||A||C||C||A|
|Sexually Oriented Business||C||C||C||11-06-05.1.B|
|Agricultural Uses, Stables||C||A|
|Hog Raising, Stockyard, Feedlot||C||C|
|Slaughterhouse, Rendering Plant||C||C|
Small Animal Grooming
|Bank, Financial Institution (excluding drive-up)||C+||C||C||A||A||A||C||A||A|
Food and Beverage Service
|Restaurant, no drive-up window||C+||A||A||A||C||A||A||C|
|Tavern/Lounge/Brew Pub/over 300' from Residential||C+||C||A||C||C||A||C||C||A||C||C||A||11-06-05.3.C|
|Tavern/Lounge/Brew Pub/within 300' of Residential||C||C||C||C||C||A||C||C||C||C||C||A||11-06-05.3.C|
|Office, Business or Professional||C||A||A||A||A||A||A||C||A||A||C||C||C||A||A||11-06-05.2.A|
|Personal Service (1,000 sq. ft or less)||C+||A||A||A||A||A||C||A||A|
|Personal Service (greater than 1,000 sq. ft.)||C||C||C||A||A||A||C||A||A|
|Laundry and Dry Cleaning Service||A||A||A||C||A||A|
|Printing, Lithography, Publishing & Reproductions, Exclusive of Paper Manufacturing||C||C||C||A||A||C||A||A||A||A||C||A||A|
|Tattoo Parlors and Body Piercing Establishments||C||A||A||C||A||A|
Recreation and Entertainment
|Concert Hall/Dance Hall||C||A||A||C||A|
|Concert Hall/Dance Hall (within 300' of residential use or zone)||C||C||C||C||A|
|Firing Range, Indoor||C||A*||A*||C|
|Indoor Recreation - Health Club or Similar Use within an Existing Building||A||A||A||C||A||A||A||A|
|Recreation, Commercial - Indoor||C||C||C||C||C||C||C||C||C||A||A||C||A||C|
|Recreation, Commercial - Outdoor||C||C||C|
|Social Event Center||C||C||C||C||C||C||C||C||C||A||A||A||C||A||A||C||11-06-05.3.C|
|Swimming Pool, Commercial||C||C||C||C||C||C||C||C||C||C|
|Swimming Lessons, Home Occupation||A*||A*||A*||A*||A*||A*||A*|
|Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Materials||C||A||C||C||A||A||C|
|Convenience Store with Gasoline Service||A*||A||A||C|
|Retail Store <60,000 s.f. GFA||A||A||A||C||A||C|
|Retail Store >60,000 s.f. GFA||A||A||C||A||C|
|Shopping Center, Convenience Commercial||C+||A||A||A||C||A||A|
|Shopping Center, Neighborhood Commercial, less than 70,000 s.f.||C+||A||A||A||C||A||C|
|Shopping Center, Neighborhood Commercial, greater than 70,000 s.f.||C||A||A||C||C||C|
|Shopping Center, Community Commercial||A||A||C||C|
|Shopping Center, Regional Commercial||C||C||C||C|
Vehicles and Equipment
|Auto Emission Van Test Site||A*||A*||A*||A*||A*||A*||A*|
|Automotive Sales Lot, surface||A||A||C||A||A||C||A|
|Heavy Machinery, Trailer, and Equipment Sales or Rental Lot||A||A||C||A|
|Motor Vehicle Repair, Minor||C||A||A||C||C||A||A||C||A|
|Motor Vehicle Repair, Major||C||A||C||A||A||C||A|
|Parking Lot, Commercial||C||C||C||A||A||C||C|
|Parking Lot, Off-Site Accessory||C||C||C||C||C||C||C||C||C||C||A||A||A||C|
|Recreation Vehicle Park||C||C||C||C|
|Battery Rebuilding Shop||C||A||C||A|
|Contractor Shop, Solid Fuel & Lumber||A||A||A||C||A|
|Newspaper & Printing Establishment||C||A||A||C||A||A||A||C||A||A|
Manufacturing and Production
|Atmospheric Gas Production Plant||A||C||C||A|
|Brewery, Distillery, Winery||A||A||C||C|
|Bottling and Distribution Plant||C||C||A||A||C||A|
|Food Products, Dairy Products & Wholesale Bakeries||A||A||C|
|Lumbermill, Sawmill, Pulpmill||C||C|
|Asphalt and concrete ready mix plant||C||A||C||C|
|Construction components, bricks, windows, concrete blocks||A||A||C||C|
|Wigs, hair products, toiletries and barbering supplies||A||A||C||A||A|
|Signs and other metal workings||A||A||C||A|
|Pharmaceuticals, cosmetics, orthopedics, prosthetic devices and medical and dental supplies||A||A||C||A||A|
|Architectural, drafting and artist supplies||A||A||C||A||A|
|Ceramics and other similar products||A||A||C||C||A|
|Costume jewelry, novelties, buttons, toys, miscellaneous clothing, accessories and notions||A||A||C||A||A|
Mining and Extraction
|Mining, Dredging, Loading & Hauling of Sand, Dirt, Gravel or Other Aggregate||C||C||C||C||C|
|Bulk Storage of Corrosive, Acid, Alkali, Explosive or Flammable Materials or Products||C||C||11-06-06.1.A|
|Storage of Flammable Liquids or Gases Necessary to the Processes on the Premises||A*||A*||A*||A*||A*|
Warehouse and Freight Movement
Waste and Salvage
|Junkyard, Vehicle Wrecking||C||C||C||C|
|Recycling Drop-Off Center||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||11-06-06.2.B|
|Sanitary Landfill, Incineration||C||C||A|
|Accessory Structure, <1,000 s.f.||A||A||A||A||A||A||A||A||A*||A*||A*||A*||A*||A*||A*||A*||A*||A||A||A*||A*||A*||A*||A*|
|Accessory Structure, >1,000 s.f.||A||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*|
|Accessory Structure, >2,500 s.f.||A*||C||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*|
|Accessory Indoor Storage of Corrosive, Acid, Alkali, Explosive or Flammable Materials or Products||A||C||A|
|Accessory Outdoor Storage||C||A||C||A||A||C||C||A|
|Accessory Retail Sales & Service Related to the Primary Use||A||A||C||A||A|
|Administrative Home Occupation||A*||A*||A*||A*||A*||A*||A*||A*||A*||A||11-06-07.4.C(3)|
|Livestock & Animals||A||A||A*||A*||A*||A*||A*||A*||11-06-07.4.D|
|Recreation Vehicle Parking, Short Term||C||11-04-07.1|
|Uses Accessory to an Allowed Use||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A*||A*||C||A*||A*|
|Construction Office, Temporary||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A||A*||A*||A*||A*||A*|
|Subdivision Office, Temporary||A*||A*||A*||A*||A*||A*|
|Temporary Parking Lots ||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*||A*|
|Temporary Voting Place||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A||A|
1 Beekeeping is a permitted accessory use to an Urban Farm in all districts.
11-06-02: Use Standards, Generally
1. The follow sections are organized following the system of use categories and types in the Table of Allowed Uses. Except where otherwise stated, the use standards in this chapter are applicable in all zone districts, and apply unless a special exception is granted per Section 11-03-04.13, Exception. Unless specified, use standards are in addition to all generally applicable standards and approval criteria in this Code.
2. Use-specific standards provide additional requirements intended to mitigate the impacts of certain uses regardless of the underlying zoning district. Such standards may also allow a use to be permitted subject to conformance with the standards, rather than requiring a Conditional Use review. By making more uses permitted, but ensuring compatibility with surrounding areas and mitigating impacts through objective standards, the development review process is streamlined and made more predictable.
11-06-03: Residential Use Standards
1. Single And Two-Family Living Uses:
A. Accessory Dwelling Unit: This section provides standards for an accessory dwelling unit to be added to a single-family dwelling. The purpose of accessory dwelling units is to provide more affordable housing; provide additional density with minimal costs and disruption to existing neighborhoods; allow individuals and smaller households to retain large houses as residences; and maintain the single-family dwelling character of the house. A house with an accessory dwelling unit can be distinguished from a duplex because its intensity of use is less, and it retains the appearance of a single-family dwelling. Accessory dwelling units are subject to specific approval criteria. The Director must make the following findings to approve an accessory dwelling unit.
(1) The accessory dwelling unit (ADU) must be not larger than 10 percent of the lot area or 700 square feet, whichever is smaller, and shall not have more than two bedrooms. Where practical, the 10 percent size standard may be altered to accommodate logical expansions or internal conversions. Examples of this include, but are not limited to, the addition of a second floor to a detached garage or the separation of a basement as an accessory unit. Under no circumstances may the 700 square foot maximum be exceeded.
(2) The accessory dwelling unit must be created through one of the following:
(a) Internal conversion of an existing living area, basement, or attic. Conversion of a garage is not permitted unless required parking can be sited legally elsewhere on the property;
(b) An addition to the primary dwelling unit;
(c) An addition to an accessory structure such as a detached garage or shop;
(d) Construction of a new single-family detached house with an internal or detached accessory dwelling unit;
(e) Construction of a detached accessory unit; or
(f) Construction of an existing detached accessory structure.
(3) The accessory dwelling unit must meet all of the dimensional requirements of the underlying zoning classification as well as the provisions of the International Building Code.
(4) The design of the accessory dwelling unit must be compatible with the existing neighborhood by taking into account height, bulk, and site location, and incorporating materials, colors, and a design motif that is compatible with and complements the architectural theme and style of the principle dwelling unit. The primary and the accessory dwelling units shall be designed to portray the character of a single family dwelling. Only one entrance to the structure may be located on the front building elevation of the house unless multiple entrances are already in existence.
(5) One parking space (full size or compact) shall be provided for accessory dwelling units with two bedrooms. This space is in addition to those required for the primary dwelling. The driveway apron or unrestricted on street parking immediately adjacent to the site may be utilized for this requirement. On-street parking in a residential parking district does not satisfy the requirement. A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section (8), below.
(6) At the time of application for an accessory unit, the applicant shall provide proof of owner occupancy of the premises.
(7) Ongoing owner occupancy of either the primary or the accessory dwelling unit is required and shall be enforced through recordation of a deed restriction to that effect with the County Recorder. (A temporary waiver of this requirement may be granted by the Director in the case of a documented need for the owner-occupant to leave the premises for up to one year due to employment, illness, or other circumstances.)
(8) Conditions of approval, as determined by the Director, shall be filed for record with the County Recorder as deed restrictions within 30 days of approval of the accessory dwelling unit. Evidence of such filing shall be submitted to the Director within 30 days of approval.
(9) Impact fees for accessory dwelling units shall be assessed at a portion of the standard single family residential fee as determined by the applicable agency.
(10) Notification of the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, stating the adjacent owners and occupants have been notified of the applicant's intent to request or establish an accessory dwelling unit. Input from adjacent property owners should be considered by the applicant in the design and siting of an accessory dwelling unit in order to maintain privacy between adjacent housing units. Certified mail is an acceptable means of notifying adjacent owners and occupants.
B. Dwelling, Duplex:
(1) Duplexes in the R-1A, R-1B, R-1C, and R-2 zone districts and BSN overlay zone district shall be subject to specific design criteria. The Director must make the following findings:
(a) Site Size: The site is of sufficient size to meet all Code requirements for setbacks, parking, and open space.
(b) Floor Area Ratio: Floor area shall not exceed 55-percent of the total lot area. Enclosed garage space does not count toward floor area.
i. Setbacks are as required by the zone except covered front porches of a minimum 5-foot depth may have a 10-foot front setback.
ii. Parking off the alley is allowed in the side and rear setbacks to within 2-feet of the side property lines when a solid fence is provided.
(d) Open Space: Each unit shall have a minimum of 375 square feet of private open space located in the rear yard. This open space shall have a minimum dimension of 15-feet and may include the required setbacks. Required open space shall not include driveways or parking areas. Only those areas on the lot having minimum width and length dimensions of 5-feet shall be used to comply with the open space standard. A minimum of 30 percent of the required open space shall consist of permeable ground surface with landscaping.
(e) Landscaped Areas: Front and street side setback areas shall be landscaped with naturally growing elements such as grass, trees, shrubs, and flowers. The use of logs, rocks, fountains, and similar accent elements may also be approved by the Director. The landscape plan must include an irrigation system. Xeriscape and low water use landscape is allowed.
Side yards, between the structure and a fenced property line, may be finished with decorative gravel, provided they are fenced and screened from the street view.
(f) Driveways: Individual driveways in front setback are vehicular access ways that are separated by other access driveways by a minimum of 7-feet of landscaping. Individual driveways in the front setback shall not exceed a width of 20 feet.
(g) Right-Of-Way Improvements:
i. Irrigated landscaping, by agreement with the Ada County Highway District, is required in unpaved areas within the undeveloped street right-of-way. Perpendicular motor vehicle parking is prohibited within the public-right-of-way, and all motor vehicle parking is prohibited on undeveloped public right-of-way.
ii. All new dwellings shall provide a front sidewalk with curb and gutter, and, if applicable, a paved driveway apron that extends to the edge of street pavement of the roadway or alley is require; except that waivers or variations on some or all this requirement may be granted by the Director based upon site-specific conditions such as the lack of adjacent improvements and/or documented drainage problems that might result from the improvement of the roadway.
iii. If full right-of-way improvements are not feasible and ACHD determines that there is insufficient roadway pavement width for travel lanes with on-street parking, a non-landscaping ACHD approved shoulder shall be installed that is of the minimum width necessary to accommodate parallel parking. Landscaping shall be required to the edge of the parking shoulder.
i. The design of the duplex is compatible with the existing neighborhood and adjoining properties by taking into account height, bulk, and site location.
ii. All street-facing facades shall include architectural treatments to provide visual interest. Architectural treatments used to achieve this may include, but are not limited to, dormers, bay windows, vertical windows, exterior window treatments, varying roof pitches, facade modulation, and a variety of colors, materials, and textures. Alternative approaches to facade design may include either creating the distinct appearance of two architecturally distinguishable dwelling units, or creating a more unified design that replicates the appearance of one single family home.
iii. At least 15 percent of the area of street-facing facades must be windows or doors. The calculation includes the area of all street facing windows and entrance doors that are within a 45 degree angle of the street. Garage doors are not included in the 15 percent calculation.
iv. The length of the garage wall or combination of garage walls facing the street shall not exceed 50 percent of the total length of the facade. Garages that are set back a minimum of 5-feet further than the street-facing wall of the dwelling unit may be up to 60 percent of the total length of the facade. Walls of side entry garages that utilize windows and other architectural means to provide visual interest are not included in this calculation.
v. On interior lots at least one unit must have a main entrance with a door facing the street or at an angle of up to 45 degrees from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. If both of the units have an entrance facing the street, or more than one garage door is facing the street, the units must be modulated by a minimum of 4-feet.
vi. On corner lots each street facade shall have a main entrance with a door facing the street or at an angle of up to 45 degrees from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. Duplexes located on lots located at the corner of two local streets shall not have more than two parking spaces accessed from each street.
vii. Balconies shall be located in areas that will cause minimal interference with the privacy of neighboring properties.
viii. Two-story duplexes shall use one of the following methods to break up the building mass and provide visual interest to the side elevations:
A. The second story sidewalls shall have a minimum 3-foot offset from the first story sidewalls. The second story shall be located furthest away from the side property lines; or
B. The building shall be set back 8-feet from the interior side property line, with bay windows, pop-outs or other architectural appurtenances allowed at the 5-foot setback line. In the R-1A and R-1B zone the building shall be set back 13 feet from the interior side property line, with bay windows, pop-outs, or other architectural appurtenances allowed at the 10-foot setback line.
C. If less than 11/2 story homes exist on both sides of the duplex lot, the duplex shall meet the requirements of the substandard lot ordinance for 1-1/2 story construction.
ix. Second story windows shall be designed to limit impact on the privacy of neighboring properties. This requirement does not supersede any Building Code requirements for windows for egress, natural light, etc.
x. Duplexes on substandard original lots of record shall be subject to additional criteria per Section 11-06-03.3.
xi. One of the following must be true in the R-1A, R-1B and R-1C zones:
A. The project constitutes infill;
B. Is located on a corner lot at the inside of the intersection of two local streets, with no more than two parking spaces accessed from each street; or
C. Is located on an arterial or collector street.
(2) Notification of the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, indicating they have been notified of the applicant's intent to establish a duplex dwelling. Certified Mail is an acceptable means of notifying adjacent neighbors.
(3) The Director will review and make a determination of approval or denial within 15 calendar days of receipt of application and will submit the findings and conclusions, with required conditions, in writing to the applicant. A notice will be sent informing owners within 300 feet of the property of the decision of the Director and of their right to appeal the Director's decision pursuant to Section 11-03-03.9, Appeal.
(4) Applications to build duplexes on contiguous lots in the R-1A, R-1B, and R-1C zones, that are planned and developed under single ownership or control, shall be reviewed by the PZC as a planned unit development.
C. Manufactured Home, Enhanced: An enhanced manufactured home use shall meet the following architectural and placement standards:
(1) Is multi-sectional and enclose a space of not less than 1,000 square feet.
(2) Is permanently affixed in accordance with the manufacturer's specifications with the running gear and towing hitch removed and set upon a foundation base having an anchoring system that is totally concealed under the structure.
(3) Is placed on a foundation base such that the finished floor area of the home is located not more than 12 inches above grade or 24 inches above grade if the home is over a basement. Graded earth shall not be closer than 6 inches to the siding of the home.
(4) Has a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems comparable with site-built dwellings and that is approved by the Director. It shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
(5) Has exterior siding and roofing that in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city or that is comparable to the predominant material used on surrounding dwellings.
(6) Has a pitched roof with a minimum pitch of 2:12 (two inches of rise to twelve inches of run).
(7) Eaves are optional with the exception that where eaves are consistent with the predominant construction of immediate surrounding dwellings, the home shall have an eave that projects a minimum of six inches along any wall that faces a street.
D. Manufactured Home Community And Mobile Home Park:
(1) Improvement Requirements:
(a) If the development is to be subdivided, streets shall be public and built in conformance with ACHD construction standards.
(b) Utilities shall be installed underground.
(c) Units within the community or park shall be connected to a wet line sewer and a central water facility.
(d) Public street lighting shall be designed, constructed, and dedicated to the city in accordance with the requirements of the Public Works Department.
(e) Provisions for drainage of the community or park and dwelling units therein shall be made in accordance with a drainage plan reviewed and approved by the Public Works Department.
(f) Subdivisions shall comply with the requirements of the Chapter 11-09, Subdivision Standards, as shall conversions of approved land-lease developments to subdivisions.
(g) Screening and buffers shall be required along all perimeter property lines, except where the natural features of the land provide either a buffer or screen. The screen shall consist of continuous 6-foot high fencing or landscaping, or combination thereof. Communities adjacent to arterial or collector streets shall be buffered with 30 feet of additional land area and landscaping for arterial streets, and 20 feet of additional land area and landscaping for collector streets.
(2) Dwelling Unit Design Features: To assure that manufactured homes and developments containing such homes are compatible with the existing neighborhood, it is appropriate that the city require additional design standards and features. Applicable design features include, but are not limited to, the following features:
(a) The dwelling unit has a roof pitch of 2 inches of rise to 12 inches of run (2:12).
(b) The dwelling unit has a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems comparable with site-built dwellings and approved by the Director. The foundation fascia shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.
(c) The dwelling unit and attached accessory structure(s) have exterior siding and roofing that, in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city or that is comparable to the predominant material used on surrounding dwellings.
(d) The use of identical floor plans or unit designs on adjacent lots is discouraged. Variety in floor plans and unit designs is required.
(e) In the R-1M district, manufactured homes and developments containing such homes shall comply with all the design requirements of the R-1M district.
(3) Home Space Or Lot Improvement Requirements:
(a) Dimensions: There are no minimum dimensional requirements for lots or home spaces, however, lot and home spaces shall be shown to be large enough to accommodate the dwelling, required parking, usable private open space, area for accessory storage units, and building setbacks. In order to assure adequate lot or home space size, the application site plan shall delineate a conceptual arrangement of all city requirements within each lot or home space of the community. Provided that city code is complied with, actual placement of these features may vary from the approved conceptual arrangement, as deemed appropriate by the Director.
(b) Private Open Space: A minimum of 400 square feet of usable private open space, being 15 feet wide at its narrowest dimension, shall be provided within each lot or home space's side or rear yard area. This requirement may be reduced to no less than 200 square feet if the difference is placed in common facilities provided for the community as a whole.
(c) Parking Spaces: A minimum of two off-street parking spaces per dwelling unit shall be provided within the community. Residential parking spaces shall not be located further than 600 feet from the dwelling unit. Tandem parking is allowed if provided on the lot or home space.
(d) Setback And Unit Spacing Requirements:
i. Periphery Setbacks: Along the periphery of the development, yards shall be provided as required by the regulations of the district in which the development is located. Where development already exists at the periphery, the yard setbacks shall be matched. For example, side yards shall be provided adjacent to side yards, rear yards adjacent to rear yards, and front yards opposite front yards.
ii. Internal Front And Street Side Yard: The unit shall be setback a minimum of 10-feet from the street as measured from the back of sidewalk, or back of curb in cases where no sidewalks are planned. The front yard setbacks of adjacent units are required to vary by no less than 3-feet, and shall be noted or delineated on the approved site plan. Street side yard setbacks shall be a minimum of 10-feet.
iii. Required Parking: Parking shall be setback a minimum of 10-feet from the back of sidewalk or back of curb in cases where no sidewalks are planned.
(e) Interior Side And Rear Yards: In order to maximize yard area utility, side and rear yard setbacks may be zero feet. A minimum separation of 10-feet between dwelling units is required. Detached accessory structures shall comply with the standard setback requirements of this Code.
2. Multi-Family Living Uses: These standards shall apply to all new multi-family development, except where specified below. They are in addition to the Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines.
A. Density Bonus (Units/Acre): The following density provisions are in addition to those contained in Table 11-04.3 - Dimensional Standards for Residential Districts.
(1) Transit Incentive: Parcels adjacent to an arterial roadway with existing or planned transit service shall be eligible for higher maximum densities by Conditional Use Permit as follows:
(a) R-1A and R-1B: 8 units/acre.
(b) R-1C: 12 units/acre.
(c) R-2: 20 units/acre.
B. Building Setbacks: The following setbacks shall apply to multi-family development in any zone, unless a lesser setback already applies:
(1) Minimum Front and Street Side: 15 feet (Living Space).
(2) Balconies and porches may encroach up to 5 feet into front and street side setbacks.
C. Housing Types: Development Level Mix: Multi-family developments on parcels between two and four acres shall incorporate at least two housing types. Projects on more than four acres require at least three housing types. Housing types include (See Figure 1.):
(1) Small-lot single-family.
(6) Apartment (5 or more units).
(7) An alternative housing type as approved by the Director.
(8) A distinct building model may be provided as a substitute for one of the required housing types. A distinct building model can be easily distinguished from others through the use of at least two of the following:
(a) A variation in length and footprint of 30 percent or more.
(b) A distinct variation in color and materials.
(c) A distinct variation in floor plans.
D. Housing Types: Block Level Mix: No one housing type shall occupy more than 80 percent of any block face or street frontage exceeding 500 feet in length. Single-family dwellings are exempt from this requirement.
E. Transition Standards-Height And Building Mass:
Multi-family development adjacent to single-family residential (either existing homes or vacant single-family zoning districts) shall:
(1) Concentrate tallest buildings or tallest portions of buildings along street frontages or, away from adjacent single-family homes.
(2) Provide gradual decreases in building height so that new structures are comparable in scale to adjacent single-family. Comparable scale means new structures do not exceed the height of adjacent dwellings by more than one story or 12 feet (within 15 feet of a shared lot line).
(3) These standards do not apply when:
(a) The adjacent property is designated High Density, Commercial, or Office on the Land Use Map of Blueprint Boise;
(b) Portions of an adjacent parcel are occupied by more than two dwelling units;
(c) The adjacent property is occupied by a non-conforming use; or
(d) The property is identified as "Significant New Development/Redevelopment" on the Areas of Stability and Change Map of Blueprint Boise.
F. Parking Credits And Reductions: Parking credits and reductions for multi-family development may be granted by the Director as follows:
(1) On-Street Parking: The minimum parking requirement shall be reduced by one space for each on-street space located immediately adjacent to the development parcel.
(2) Transit-Supportive Development: The minimum parking required for developments within 1,320 feet of an existing or planned transit line shall be reduced by 10 percent.
(3) Vertical Mixed-Use Development: The minimum parking required for multi-family development incorporated as part of a vertical mixed-use development shall be reduced by 10 percent.
(4) Affordable Housing: The minimum parking required for multi-family development shall be reduced by 10 percent for each structure where at least 80 percent of the units meet the definition of affordable housing provided in Section 11-12-05.
(5) Podium Or Structured Parking: The minimum parking required where at least 60 percent of required spaces are in tuck-under garages, podium, or a multi-level structure shall be reduced by 25 percent.
(6) Enclosed, Secure Bicycle Parking: The minimum parking required shall be reduced by ten percent if fully enclosed, covered, secure bicycle parking is provided that exceeds the number required in 11-07-03.3.B by at least 50 percent. The minimum required bicycle spaces shall remain accessible to the public.
(7) Maximum Reduction Allowed: Total reductions to the minimum off-street parking requirements of Section 11-07-03 of the Boise Development Code shall not exceed 30 percent.
G. Within the R-3 district, a multi-family use is allowed by right, subject to the applicable standards of this Code, within in a single structure.
(1) Development of two or more multi-family structures per lot or of more than 20 units per acre must be submitted as a planned development conditional use application. In reviewing such application, the Planning and Zoning Commission must establish findings of fact as detailed in Section 11-03-04(6), for conditional uses and Section 11-03-04(7) for planned unit developments. In addition, the use shall comply with the following standards:
(a) The minimum usable open space or recreational space requirement shall be equal to 30 percent of the land area occupied by residential structures. For the purpose of this section, usable open space or recreational space shall include landscaped areas, court yards, balconies, patios, sun decks, pedestrian walkways, playground areas, swimming pools, and all other exterior or interior recreational areas. Such areas must be readily accessible to the occupants of the building. Usable open space or recreational space shall not include driveways, parking areas, or loading areas. The open space or recreational space requirement may be reduced for projects that abut open space or recreational facilities;
(b) Building and site design shall provide for a transition into the surrounding neighborhood to ensure compatibility. Factors to be considered are setbacks, building height, building materials, bulk, roof design, parking area locations, landscaped area locations, and other factors necessary to ensure adequate transition;
(c) The pedestrian circulation system shall be integrated into the surrounding neighborhood and shall provide connections from dwellings to parking areas, open space, or recreational facilities and any shared facilities. Sidewalks shall be of adequate width to accommodate the expected pedestrian traffic in high use areas;
(d) Natural features, views, and other potential site amenities should be retained and incorporated into the design;
(e) Principal buildings connected by a breezeway, covered hallway, or similar protected walkway shall be treated as separate buildings on separate zoning lots for setback or spacing purposes.
(f) Surface parking shall be designed to avoid large uninterrupted parking areas. Parking areas and dwellings shall be located to minimize walking distances. The PZC may require that all or any portion of the on-site parking be provided below grade (under building or plaza areas) as a means of increasing the size of usable open space, reducing the paved surface area, and improving the overall design and appearance.
(2) In the R-1M District, multiple dwellings in a single building are allowed only in townhouse or row house design, with one dwelling per lot and with the dwellings attached at the common lot line.
H. High Rise: In the Multiple Family (R-3), Limited Office (L-O), and Commercial (C-1, C-2, and C-3) zoning districts in the vicinity of Boise State University, the minimum lot area, maximum density, and maximum height limits for multiple family dwellings may be altered to allow for High Rise Multi-family Buildings if authorized by a conditional use permit subject to the following conditions and restrictions.
(1) Density increases may be granted in the area generally described as an area of land located in the Northeast Quarter of Section 16, East half of Section 9, South half of Section 10, Northwest Quarter of Section 14, North half of Section 15 Township 3 North, Range 2 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the center line of South Division Street and West Beacon Street; thence westerly along the center line of West Beacon Street to center line of West Boise Avenue; thence northwesterly along West Boise Avenue to a point approximately 150.00 feet, more or less, northwesterly of the prolongation of the northwesterly right-of-way line of South Martha Street; thence South 29°52'00" West, 121.00 feet, more or less, to a point separating the R-3D and R-1C Zoning District; thence North 68°07'00" West, 2841/2 feet, more or less, to a point separating the R-3D and R-1C Zoning District; thence North 72°10'00" West, 109.00 feet, more or less, to the prolongation of center line of vacated South First Street; thence southwesterly along the center line of said vacated South First Street to the center line of South Federal Way; thence northwesterly along the center line of South Federal Way to the South Capital Boulevard and West Crescent Rim Drive intersection; thence northwesterly along the center line of West Crescent Rim Drive to a point 215.00, more or less, Northwesterly of the prolongation of South Ruby Street, said point being on the Northerly Section line of Section 16, Township 3 North, Range 2 East of the Boise Meridian, Ada County, Idaho and the southerly boundary of Ann Morrison Park; thence easterly, northeasterly, northwesterly along the meandering westerly boundary line of Ann Morrison Park to the south shore line of the Boise River; thence southeasterly along the south shore line of the Boise River to the prolongation of center line of South Division Street; thence southerly along the prolongation and center line of South Division Street to the center line of West Beacon Street, the Point of Beginning.
(2) New construction in neighborhoods determined by the HPC to be historically sensitive must be architecturally compatible with the adjacent and surrounding neighborhood.
(3) Sites within districts designated on the National Register of Historic Places or on sites that have been designated by Boise City as City Historic Districts, landmarks, or properties shall be reviewed by the HPC prior to any granting of a density increase.
(4) The maximum density granted by a density increase shall not exceed one dwelling unit per 500 square feet of lot area.
(5) The minimum average lot width shall be 60 feet, except that corner lots shall be at least 70 feet and shall provide a minimum street frontage of not less than 30 feet.
(6) The floor area ratio of all buildings, structures, and required off-street parking area, excluding below grade parking, shall not be a higher number than 1.5.
(7) No building or structure shall have a height in excess of 45 feet.
3. Substandard Original Lots Of Record: Any substandard original lots of record, as defined in this Code, may be utilized for a permitted use if all other requirements of this Code are met. Residential development of substandard original lots of record is subject to Section 11-07-02.1.A of this Code.
A. Purpose And Intent: To ensure that new development is compatible in character and scale with established housing.
(1) Lots in the R-1A, R-1B, or A zones, having a lot area of less than 5,000 square feet or a width of less than 50 feet, or in the case of a corner lot, a lot area of less than 7,000 square feet or a width of less than 70 feet; and
(2) All substandard lots of record in the R-1C, R-2, R-3, R-O, N-O, L-O, C-1, C-2, and C-3 districts.
(3) The Historic Preservation Commission may modify the regulations for substandard lots in order to issue a certificate of appropriateness.
(4) These standards apply to all new dwellings and remodels of existing dwellings.
(5) They do not apply to lots that are part of a planned unit development and they do not take precedence over any note recorded on a subdivision plat.
C. General Provisions:
(1) Minimum Lot Dimensions:
a. A minimum lot width for a single-family residence is 25-feet for interior lots and 35-feet for corner lots when alley access is available.
b. A minimum lot width for a single-family residence without alley access is 37.5.
c. A minimum lot width for a duplex is 36-feet for interior lots, 46-feet for corner lots and a minimum lot size of 2,000 square feet per dwelling is required when alley access is available.
(2) Design Review: A development containing three or fewer dwelling units on up to three contiguous substandard original lots of record shall be subject to minor design review per Section 11-03-04.12.B(2). Four or more dwelling units and units with front loading garages shall require design review by the DRC as provided for in Section 11-03-04.12.B(2) and shall also comply with the standards and guidelines in this Section.
(3) Application Requirements: Prior to application submittal all new applications or modifications to existing applications must hold a neighborhood meeting in conformance with Section 11-03-04.12.B(2).
D. Development Standards:
(a) Front: The front yard setback for livable space and porches shall be within 5-feet of the average of the front yard setbacks of adjoining properties. However, in no case shall the setback be less than 10-feet or more than 20 feet. The front minimum and maximum setback for parking is 20 feet. Maximum setbacks are required in order to provide a visual and physical relationship to the street and retain room for an open back yard area. Lots developed simultaneously shall provide varying setbacks.
Side: Interior side setbacks shall be as per the zone and street side yard setbacks shall be 15 feet for livable space and 20 feet for parking that takes access from a public street or 15 feet for parking that takes access to the alley, unless one of the following is applied:
i. Common Lot Line Attached Units: When the building is located on a common lot line, the remaining side yard setback shall be per the zone.
ii. Detached Units On Contiguous Lots: When two or more single family units are proposed on contiguous 25-foot lots, the interior side yard setbacks may be reduced to 3-feet interior to the development, provided the setbacks exterior to the development adhere to the setbacks required by the zone.
iii. Two-story Attached Buildings In The R-1C Zone: Two-story attached buildings in the R-1C zone shall have a minimum setback of 5-feet for the first story and a minimum of 8-feet for the second story from the interior side property line, with bay windows, pop-outs or other architectural appurtenances allowed at the 5-foot setback line. All other zones must meet their side setback requirements. (See also Section 11-06-03.1.B, Duplex.)
iv. Garage: A single story detached garage no larger than 500 square feet, accessed from an alley, may have a 3-foot interior side setback. The minimum exterior dimensions for a two car garage shall be 19 feet by 20 feet.
(b) Rear: Rear yard setback shall be as required by the zoning district in which the substandard lot is situated.
(2) Building Height: Building height (to the ridgeline) shall not exceed the width of the lot or the maximum height allowed by the zone, whichever is most restrictive.
(3) Building Size: Residential floor area shall not exceed 55 percent of the effective lot area on lots.
(4) Private Open Space: All lots must provide a minimum of 375 square feet of private open space in the rear yard. This open space must be configured as a minimum of 15 feet by 25 feet and can include the required setbacks. A minimum of 10 feet by 15 feet of that space shall be open to the sky. Covered rear porches are allowed to be calculated as part of the private open space area.
(5) Right-Of-Way Improvement:
(a) All new dwellings (excluding remodels) shall provide a 5-foot concrete sidewalk with curb and gutter, and, if applicable, a paved driveway apron that extends to the edge of street pavement of the roadway or alley will also be required; except that waivers or variations on some or all of this requirement may be granted by the Director based upon site-specific conditions such as the lack of adjacent improvements and/or documented drainage problems that might result from the improvement of the roadway.
(b) Dirt or gravel strips in the front yard or undeveloped street right-of-way shall not be permitted. Irrigated landscaping shall be provided in these areas through license agreements with ACHD. Bonding for landscape improvements may be allowed based on weather related constraints. If ACHD denies the necessary license agreement, the requirement for landscaping shall be waived.
(c) If full right-of-way improvements are not feasible and ACHD determines that there is insufficient roadway pavement width for travel lanes with on-street parking, a non-landscaped, ACHD approved shoulder shall be installed that is of the minimum width necessary to accommodate parallel parking. Landscaping shall be required to the edge of the parking shoulder.
(d) All right-of-way improvements, license agreements, and/or bonding shall be completed prior to issuance of a Residential Certificate of Occupancy permit for the structure.
(6) Landscaping Standards: A landscape plan shall be required for each new development. All areas not developed with structures, driveways, parking lots, private streets, pathways, patios, and similar useable areas shall be landscaped.
(a) The landscaping should accomplish the following objectives:
i. Shading of parking areas and walkways;
ii. Ground cover consisting of predominantly live planted materials;
iii. Provision of useable hardscape features (such as pavers, planters, stonework, decks, etc.) may be allowed up to 25 percent;
iv. Erosion control; and
v. Attractive streetscapes and common areas.
(b) Plastic or other artificial materials are not allowed.
(c) Xeriscape plans that are consistent with Public Works standards shall be considered acceptable.
(d) The landscape plan shall include an irrigation system.
(a) Each dwelling shall be provided with two off-street parking spaces.
(b) Vehicular access and parking shall be provided according to the following standards:
i. If alley access is available, all access shall be taken from the alley. Two spaces shall be provided with 22 feet of backup space as per Table 11-07.03, Minimum Standards for Parking Lot Design.
ii. If alley access is not available a two car attached garage shall be provided. The design shall include varied rooflines, dormers within the roofline or other architectural treatments that will avoid the appearance of garage domination. There shall be a setback of 20 feet to the face of the garage. Driveways for a two car attached garage may not exceed 20 feet in width.
iii. The use of 10-foot wide shared driveway providing access to rear yard garages attached with a common wall on the property line is allowed and encouraged for contiguous lots of 35 feet in width or greater.
(8) Alternative Building Arrangements:
(a) Attached Units: Attaching single family units in multiples of two or three on a common lot line is encouraged as a means of creating more substantial structures that will be imitative of standard width single-family homes. Such units remain subject to the general design criteria stated herein and do not require a planned unit development application.
(b) Zero Lot Line Option: If multiple single-family detached units are to be constructed on contiguous lots, the applicant may request zero lot line development provided that the full required setback from adjacent non-project lots can be adhered to. Such units remain subject to the general design criteria stated in subsection 5, below, and do not require a planned unit development application and may be approved by design review per Section 11-06-03.1.B, Design Review.
(c) Additional Requirements For Attached Units:
i. Attached buildings shall be constructed to comply with townhouse construction standards per the Building Code.
ii. The applicant or builder shall obtain the Legal Department's approval of easement agreement(s) for the use and maintenance of common facilities such as driveways, parking sites, and common party walls. The Legal Department must approve easement agreements within ten calendar days of submission. Any revised easement agreement shall be considered a new submission. Said agreement shall be recorded in the official records of Ada County prior to submission of plans for a building permit.
iii. Adjustments to lot lines and reduction in the number of lots within the same parcel are subject to review and approval pursuant to all applicable city subdivision and zoning regulations. The applicant shall obtain approval from the city and record any lot line adjustments or reduction in lots with the County Recorder prior to submission for a building permit.
E. Design Guidelines: In addition to the development standards above, the general design guidelines below shall also apply to developments on substandard lots of record. Design review shall take into account the location and design of adjacent buildings, landscaping and right-of-way improvements, and shall apply the following criteria as appropriate:
(1) Number Of Stories:
(a) Single story and one and one-half story structures are the preferred height for all homes on substandard lots of record.
(b) Full-length two-story buildings are allowed only when both adjacent properties are developed with full two-story structures.
a. One and a one-half story structures with a daylight basement that is sunk into the ground a minimum of 4-feet and the building height is a maximum of 18-feet to the midline of the roof.
b. One and a one-half story structures with the second story contained 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. The exterior second floor wall height shall be no greater than 2-feet, 6-inches in height and any dormers on the side of the structure shall be no greater than 8-feet in width.
c. Partial two-story structures may be allowed when they do not adversely impact the adjoining properties. The circumstances to be considered shall include the size and height of the adjacent dwelling units, excessive shading of adjacent units, privacy impacts on adjacent yards, and the mass, height, window placement, and design of the building. Examples may include:
i. The second story is contained 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. The exterior second floor wall height shall be no greater than 2-feet, 6-inches in height. A maximum of two dormers may be located on each side of the structure and shall be no greater than 8-feet in width; or:
ii. The second story is contained within a pitched roofline located 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. Any dormers on the front or rear of the structure shall be no greater than 10-feet in width; or:
iii. The second story setbacks are increased by a minimum of 3-feet beyond the minimum front, side and rear setbacks required for the zone.
(2) Orientation: All buildings shall be oriented towards a public street, except when buildings cannot be oriented to the street due to inadequate street frontage. In this case, buildings should be oriented towards a private street or lane conforming to city standards.
(3) Front Facade Design Requirements:
(a) Homes should have a front door that faces the street. When a unit is built on a corner lot, the main entrance shall have the door facing the dominant street.
(b) A prominent front porch at least 6-feet in depth and with at least 25 percent of the front face facade comprised of windows may be considered in lieu of a street-facing front door. For homes with front-loaded garages, a garage door shall not count toward window/opening requirements. The garage door shall also have design elements such as: panels, windows, trim features, cross members, or other features as determined appropriate by design review.
(c) Non-attached dwelling units should provide a facade design that differs from the facade design on adjacent units; however, articulated designs may repeat on non-contiguous lots. Required facade elements shall, in addition to complying with design guideline in (1), 0 and (3), above, include a minimum of two of the following: multi-paned windows, varied roof lines, bay windows, wainscot, covered front door, or other elements as approved by design review that create a unique facade.
(d) Attached units should provide modulation and architectural design features to prevent flat facade wall planes.
(e) Building design should incorporate materials such as brick, stone, stucco, tile, and wood for 35 percent of the facade and second story elements. The presence of such materials on nearby homes should be reviewed as a guide for appropriate materials to be used on the new dwelling.
(f) Rain gutters shall be provided on the side elevations of all structure to aid in site drainage. Gutters shall direct water to the front or rear of the lot.
(4) Driveways: Where front yard driveways are permitted for access to a single garage, the driveway may be designed with two concrete wheel strips or grass pavers separated by vegetation.
F. Waivers: The applicant may request a waiver from one or more of the standards listed above. All requests for waivers shall be heard by the DRC. The waiver shall not be considered a right or special privilege but may be granted to an application that can meet the following:
(1) Granting of the waiver will not be in conflict with the intent of this ordinance and shall not negatively impact the existing neighborhood and shall enhance the overall design quality of the project; and
(2) There is an exceptional circumstance relating to the design or configuration of the property, which is not generally applicable to other properties or otherwise anticipated by the standards in the district; and
(3) Granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property, improvements or the quiet enjoyment of the surrounding properties and neighborhood.
11-06-04: Public/institutional Use Standards
1. Child And Adult Care Uses:
A. Adult Day Care: An adult day care use shall:
(1) Provide adequate access for physically disabled patrons of the facility.
(2) If located on an arterial or collector street, provide for an on-site patron pick-up area designed to prevent vehicles from backing onto the street (backing into an alley is permissible).
(3) Meet the occupancy requirements of the Fire Department.
(4) Obtained all required licenses from the City or the State of Idaho.
B. Child Care: A Child Care Use, including the uses Child Care Home, Group Child Care Home, Child Care Center, Intermediate Child Care Center, and Large Child Care Center, shall comply with the standards in this section. Notification to the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, stating they have been notified of the applicant's intent to operate a child care facility on site. Certified mail is an acceptable means of notifying adjacent neighbors.
(1) Minimum Criteria For All Child Care Uses: Every child care use shall meet the following standards:
(a) Provides a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.
(b) Provides a minimum of 35 square feet of indoor gross floor area per child.
(c) Secures and maintains a child care license from Boise City and the State of Idaho.
(d) Complies with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
(e) Provides adequate lot size for parking, child pick-up area, play area, screening and setbacks. In the case of a Child Care Home, the Director shall determine needed improvements.
(2) Additional Criteria For A Child Care Home:
(a) The use shall not change the structural character of the dwelling.
(b) A maximum of one employee is allowed.
(3) Additional Criteria For Child Care Use By Type: In addition to the applicable criteria above, a child care use shall be subject to additional standards as indicated in Table 11-06.2.
|Table 11-06.2: Additional Criteria for Child Care Uses by Type|
|Criteria|| Child Care Home|
(1 - 6 Children)
Child Care Home
(7 - 12 Children)
| Child Care Center|
(7 - 12 Children)
Child Care Center
(13 - 20 Children)
Child Care Center
(21 or more Children)
|The use shall provide for an on-site child pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).||Applicable if located on a collector or arterial street||Applicable if located on a collector or arterial street||Applicable||Applicable||Applicable|
|Allowable signage shall be non-illuminated and as indicated. The applicant's proposal for signage should be submitted and considered during the review process.||One 12 sq. ft. attached sign||One 12 sq. ft. attached sign||One 12 sq. ft. attached sign||One 20 sq. ft. attached sign||As allowed by applicable zoning district|
|Minimum parking to be provided shall be as indicated.||1 off-street space per employee.||1 off-street space per employee||1 off-street space per employee.||1 off-street space per 10 children, with a minimum of 2 spaces, except in a parking reduction district, and then as indicated for the district.|
|Facility location shall be as indicated.||In the operator's principal residence, and must be incidental to the primary use of the dwelling as a residence.||In the operator's principal residence and must be incidental to the primary use of the dwelling as a residence.||On the edge of a neighborhood and not in the center.||On the edge of a neighborhood and not in the center.||On a collector or arterial street; or if for school age children, within 300' of the school grounds; or in a public assembly structure.|
(4) Discretionary Conditions For Approval: The Director may condition approval of a child care use on the following conditions to protect adjacent properties from adverse impacts or to protect the health, safety, and welfare of the children:
(a) Fencing or landscape screening of the facility to protect adjacent properties from activities of the facility, or to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;
(b) Additional setback from any property line to play areas to protect adjacent properties or to protect children from busy streets, irrigation ditches, animal pastures, and other similar conflicts; or
(c) Any other conditions deemed necessary by the Director to protect the health, safety, and welfare of the children or to protect adjacent property owners from adverse impacts.
2. Communication Uses:
A. Wireless Communication Facilities: This Chapter establishes standards for the placement of wireless communication facilities (WCF's) in all zoning districts. The intent is to minimize potential adverse impacts by regulating the height and location of WCF's while recognizing that co-location is the preferred option. The placement of all new WCF's and the expansion or alteration of any existing WCF's shall be subject to this ordinance.
(1) Required Documentation:
(a) A report from a licensed professional engineer describing the tower height and design. The report shall include the following: a cross section of the tower; elevations that document the height above grade for all potential mounting positions for co-located antennae; and the minimum separation distances between antennae. The report also must include a description of the tower's capacity regarding the number and type of antennae that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer.
(b) A letter of intent committing the applicant/owner and successors to allow the shared use of the tower.
(c) A propagation study showing the location of existing facilities within the coverage area, and radio frequency modeling providing evidence as to why the WCF is needed at the chosen location.
(d) A written analysis demonstrating the proposed site is the most appropriate within the immediate area. The analysis shall include the following:
i. Description of the surrounding area, including topography;
ii. Natural and manmade impediments, if any, that would obstruct existing wireless telephone transmissions;
iii. Physical site constraints, if any, that would preclude construction of a wireless communications facility on another site;
iv. Technical limitations of the system that limit siting options; and
v. A detailed explanation as to why co-location is not possible on buildings or antennas in the proposed coverage area.
(2) A permit is required for the installation of new WCF's and for the expansion or alteration of existing WCF's. The permit requirements are identified in Table 11-06.3, below.
| Table 11-06.3: Wireless Communication Facilities - Allowed, Conditional and Prohibited Uses by Zoning District |
A = Allowed, A* = Administrative Approval, C = Conditional use
OF BASE ZONE
OF BASE ZONE
(3) Site Development Standards: The following shall apply to applications for non-co-location WCF's in all zone districts. Site development standards shall not apply to WCF's located on buildings.
(a) Setbacks: Support tower structures that do not exceed the height limit of the zone must meet setback, landscaping and screening requirements of the zone. Support tower structures which exceed the height limit of the zone shall be set back from all property lines as required by that zone or 1-foot for every 10-feet of total tower height, whichever is greater setback. When a WCF is located within 300 feet of residential zoning or uses, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.
(b) Separation: No closer than 500' to another WCF.
(c) Height: The height measurement of a WCF shall include the height of the structure including antenna attachments. Structures exceeding the height limitations of the zone may only be allowed by Conditional Use Permit as indicated in Table 1 of this code.
(d) Equipment Facility: All equipment shelters, cabinets, or other on ground ancillary equipment shall meet set back requirements.
(e) Screening And Landscaping: Tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip at least 4-feet wide outside the perimeter of the compound. A minimum of 50 percent of the plant materials shall be of an evergreen variety. In locations where the visual impact of the facility is minimal, the landscaping requirement may be reduced or waived by the Planning Director.
(f) Color And Placement: To the greatest extent possible, materials, colors, textures, screening and landscaping shall be used that blend the tower facilities to the natural setting and the built environment. Any antennas and supporting electrical and mechanical equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.
(g) Lighting And Security: Unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission structures shall not be lighted. Transmitter equipment shelters may use security lighting which is compatible with the surrounding neighborhood and confined to the boundaries of the site. Where a WCF is required to meet FAA paint or lighting regulations, the distance between the WCF and any residential zoning district or use or any historic district, shall not be less than 1/4 mile.
(h) Advertising: No advertising or display shall be located on any antenna or antennae support structures.
(i) Discontinuation Of Use: Any WCF that is no longer in use shall be reported immediately by the service provider to the Planning Director. Discontinued facilities shall be removed within 6 months and the site restored to its pre-existing condition.
(j) WCF's are prohibited within the Boise River Greenbelt setback.
(k) Lattice towers and monopoles that exceed the base zone height limit are prohibited within 100 feet of these gateway streets.
i. Capitol Boulevard.
ii. Vista Avenue from I-84 to Capitol Boulevard.
iii. Broadway Avenue from I-84 to Warm Springs Avenue.
iv. State Street from the State Capitol to State Highway 55.
v. Myrtle Street.
vi. Front Street.
vii. Federal Way from Capitol Boulevard to Bergeson Street.
viii. Warm Springs Avenue.
ix. Park Center Boulevard.
(4) Administrative Review: WCF's (including any supporting structures and appurtenances) which are installed to meet the following standards are deemed "Not Visually Obtrusive" and shall require a zoning certificate. They may also require building, electrical or other construction permits as well as Design Review approval. Installations which are considered to be "not visually obtrusive" include:
(a) Antennae located entirely within approved signage. May include antenna placed within the sign face or attached to a support structure so long as the design is such that the antennae is effectively unnoticeable. Such antennae may not be placed on a non-conforming sign.
(b) Flush mounted, color coordinated panels on existing buildings where equipment is not visible above the roof line. All equipment shelters, cabinets or other accessory structures shall be located within the building utilized for the antennae, or on the ground located outside of any required setbacks, required landscaping or parking spaces.
(c) Antennae built into architectural features or which appear to be architectural features themselves, added to existing structures (such as chimneys, cupolas, dormers, bell towers, steeples, water tanks, stadium lights, utility poles, and other similar features) where the zoning height limit for such architectural features is not exceeded.
(d) Co-location on existing facilities where the height of the existing antennae tower or pole does not increase over the maximum height of the base zone.
(e) Installations which are located far from any prospective viewer and in such a way as to have a backdrop of terrain which obscures the antennae as to make it visibly unobtrusive and effectively unnoticeable.
(f) Antennas that appear to be natural features indigenous to the site and which are located in proximity to the features they are imitating so that they blend in and do not stand out visually.
(g) Installations may not create adverse noise from generators or other accessory equipment.
(h) Installations may not create access or grading problems.
(5) "Microcell" Wireless Communications Facilities: "Microcell" wireless communications facilities provide communications coverage to a geographically limited and specifically defined area (e.g. a busy street intersection, an individual building or a topographically constrained area). Such facilities are integrated with standard cellular technology (i.e. a macro cell) to provide wireless communication services to the public. The installation of such facilities shall require only administrative level review if all of the following criteria are met (otherwise a Conditional Use Permit shall be required):
(a) No new antenna tower is erected (microcell facilities may be located on existing poles, towers, buildings, etc. in compliance with this subsection).
(b) No antenna shall be located within 30 inches of any space occupied by or available to the public.
(c) No antenna shall exceed 6 square feet in area.
(d) The equipment shelter associated with a microcell site may not exceed 100 square feet in floor area or 6 square feet in area.
(e) The antenna(e) may be mounted on a roof only if the height of the antenna(e) at the highest point does not exceed the horizontal distance from the antenna to the edge of the rooftop.
3. Education Uses:
A. Public School Facilities: When considering a conditional use permit application for a public school facility, the Commission shall ensure that the Idaho Transportation Department, the appropriate local highway jurisdiction, or both, have reviewed the application and reported on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development of surrounding undeveloped parcels; zoning in the vicinity; access control of adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application.
4. Parks And Recreation Uses:
A. Golf Club House: A Golf Club House shall be located more than 300 feet from a residence, unless a closer location is approved by a zoning certificate or conditional use permit.
5. Utility Uses:
A. Utility Facility, Major:
(1) Public service poles, towers, or similar installations are of a height of 85 feet or less may be allowed in a residential district, including the replacement of existing facilities.
(2) Public service poles, towers, or similar installations of a height of 85 feet or greater must be approved by conditional use permit. An approval shall consider all generally applicable approval criteria for a conditional use permit, and the following standards. The pole or tower locations and heights shall:
(a) Not interfere with airport height restrictions;
(b) Minimize disturbance to views from established residential areas;
(c) Minimize disturbance to or interference with view of city, state, or federally registered historic structures;
(d) Not obstruct clear vision triangles or otherwise threaten motorist or pedestrian safety;
(e) Minimize conflict with existing uses;
(f) Be within route corridors already established or use by rail, automobile traffic arterials, or electrical transmission; and
(g) Be within route corridors that provide for a satisfactory level of energy efficient transmission of the product (electrical energy or other signals); or
(h) Be the best available alternative placements and heights, even though they do not comply perfectly with all the above findings.
11-06-05: Commercial Use Standards
1. Adult Uses: It is the intention of the City that the provisions of this Section be construed, enforced, and interpreted in such a manner as will cause the least possible interference with any affected rights of speech, due process, equal protection, or other fundamental right. This Code and each section and provision thereof are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections or provisions to any person, business, or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid.
A. Bikini Bar:
(1) Standards: A bikini bar use shall comply with the following standards:
(a) It is located at least 300 feet from any residential use or zone.
(b) It is at least 1,000 feet from any public or parochial school or day care licensed by the Boise City, and from any public park or playground; any religious institution; or any other bikini bar.
(2) Procedures: The procedures for sexually oriented businesses in 11-06-05.1.B(3), below, shall apply to bikini bars.
B. Sexually Oriented Business:
(a) The purpose of these regulations is to allow the reasonable location of a sexually oriented business within the city in a manner that will protect property values, neighborhoods, and residents from the potential adverse secondary effects of sexually oriented businesses while providing to those who desire to patronize sexually oriented businesses such opportunity in appropriate areas within the city. It is not the intent of this Code to suppress any speech activities protected by the First Amendment of the United States Constitution, but to impose content-neutral regulations that address the adverse secondary effects a sexually oriented business may have on adjoining properties and the immediate neighborhood.
(b) It has been determined, and reflected in the land use studies of various US cities, that businesses that have as their primary purpose the selling, renting, or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other US cities is that the location of a sexually oriented business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.
(c) It has been determined, and reflected in the land use studies of various US cities, that the operation of sexually oriented businesses in business districts that are immediately adjacent to and that serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and down-grading property values.
(d) It is the intent of these regulations to allow sexually oriented businesses to exist within the city in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between sexually oriented businesses and residential uses, churches, parks, and educational institutions in an effort to buffer these uses from the secondary impacts created by sexually oriented business activity.
(2) Criteria: In lieu of the generally applicable conditional use permit criteria, a sexually oriented business shall be subject to the following standards:
(a) It shall not be located within 1,000 feet of a public or parochial school or daycare as defined and licensed by Boise City; a public park or playground; a bar or tavern or other premises serving alcohol; religious institution; or a sexually oriented business;
(b) It shall not be located on a lot or parcel that is within 500 feet of a residential use or zone;
(c) Distance shall be measured in a straight line from property line closest to the property line of the nearest school, park, playground, religious institution or other sexually oriented business. These standards shall apply regardless of the political jurisdiction in which schools, parks, or churches or other adult businesses are located;
(d) The sign package and exterior building design must be submitted with the conditional use application for review by the PZC. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building; No advertising signs, billboards, displays, advertisements, or other promotional materials depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specified anatomical areas or specified sexual activities shall be shown or exhibited so as to be visible to the public from the exterior of the building;
(e) Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area;
(f) All building openings, entries, windows, and the like, shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts thereof, that are associated in any manner with specified anatomical areas or specified sexual activities, cannot be viewed from streets, sidewalks, and adjacent private properties;
(g) No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building;
(h) The disposal of garbage and trash containing sexually explicit materials must be disposed of in a manner that prevents minors from having access to the material; and
(i) For purposes of this Code, the above conditions and standards shall be applicable in the following circumstances:
i. The opening or commencement of any sexually oriented business as a new business.
ii. The conversion of an existing business or any part of any existing business to any of the sexually oriented businesses regulated herein.
iii. The addition or expansion of any business to include any of the sexually oriented businesses regulated herein.
iv. The voluntary relocation of any such business.
(j) Hours of operation are from 4:00 p.m. to 2:00 a.m. One security staff person is required for each 20 required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits.
(k) On-site security must be present during all hours of operation.
(l) These provisions shall not be construed as permitting any use or act that is otherwise prohibited or made punishable by law.
(m) No sexually oriented materials or performances shall be disseminated, performed for, by, or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits.
(n) All areas of a sexually oriented business shall be illuminated at a minimum of 20 foot-candles, normally maintained and evenly distributed at ground level. Except, adult motels shall only be required to be illuminated at a minimum of 20 foot-candles in public areas, and, adult theaters and cabarets shall only be required to be illuminated at a minimum of 5 foot-candles . During performances, adult theaters and cabarets may reduce the lighting to be a minimum of 11/4 foot-candles.
(o) An adult motion picture show or adult arcade shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
(3) Procedures: For general Public Hearing Procedures see Section 11-03-03.6, Public Hearing.
(a) Neighborhood Meeting Notification: For applications for sexually oriented businesses and bikini bars, the applicant shall notify and invite to the neighborhood meeting all residents and property owners within 1,000 feet of the exterior boundary of the application parcel and the registered neighborhood association. The notice of this meeting may be mailed or hand-delivered to the recipient. If mailed, the notice shall be postmarked a minimum of 7 calendar days prior to the meeting date. If hand-delivered, the applicant must deliver the notice a minimum of 5 days prior to the meeting date.
(b) Hearing Notification: For sexually oriented businesses and bikini bars, mailed notice shall be provided to all property owners, purchasers of record, and residents within 1,000 feet of the exterior boundaries of the application parcel and the registered neighborhood association. Also, any school, daycare, church, or registered neighborhood association within 2,000 feet of the application parcel shall be notified of applications for sexually oriented businesses and bikini bars.
(c) Timing Of Hearings: A public hearing for an application for a sexually oriented business or bikini bar, regardless complexity shall be held no later than 44 calendar days after acceptance of a complete application. If no decision is made within 45 days after hearing, then the request for a sexually oriented business or bikini bar will be deemed approved.
(d) Deferrals: Unless the applicant agrees to a deferral, applications for sexually oriented businesses and bikini bars must be decided within 45 days following the public hearing. Failure of the PZC to decide such application within 45 days following the hearing shall result in its approval.
(e) Appeals: The Council shall hold a hearing within 45 days following the filing of an appeal to a decision of the PZC on an application for a sexually oriented business or bikini bar. If the applicant has not requested a deferral, a decision as to whether or not a conditional use is approved must be made within 45 days from initial hearing date for cases involving a sexually oriented business or bikini bar. Failure of the Council to make a decision within 45 days shall be deemed as an approval for a sexually oriented business or bikini bar. Council shall issue a temporary conditional use permit on the occasion where they had previously approved an application and it was then appealed to the District Court by an appellant that is not the applicant.
2. Office Uses:
A. Offices, Business And Professional:
(1) Within all R-1, R-2, and R-3 zoning districts, professional and executive offices are allowed on a lot or parcel where the side of such lot or parcel abuts a commercial or industrial zone. Such uses are not allowed on properties separated from a commercial or industrial zone by an alley or street. All transitional office uses shall be subject to design review.
(2) Within the NNE overlay district, in the R-3 base zoning district, new office construction is prohibited on lots larger than 2,500 square feet, except on parcels demonstrated to have been vacant on or before the effective date of the NNE overlay district ordinance, or when provided by means of the adaptive reuse of an existing structure.
(3) Professional, administrative, and business offices are conditional uses in the M-1 and M-2 districts and are subject to the following standards:
(a) Amenities (which may include but are not limited to visual screening, orientation, and placement of buildings, parking, and access areas) shall be provided for the office to buffer the impact of any existing or future conflicting land uses; and
(b) The lot or parcel occupied by such offices shall abut a public right-of-way that separates such lot or parcel from residential or office zones or uses; or
(c) The use of the subject property for such offices will not encroach upon or conflict with existing industrial development or future industrial uses that may reasonably be expected to develop.
3. Retail Uses:
A. Drive-Up Establishment:
(1) Administrative Approvals: Drive-up establishments are subject to the following standards:
(a) Design and operation of the establishment is substantially in compliance with general requirements of this Section;
(b) Site traffic circulation is not disrupted by increased vehicular congestion, blockage, or rerouting caused by the establishment;
(c) The number of drive-up lanes is limited to allow for adequate on-site circulation of pedestrians and vehicles; and
(d) The minimum number of parking spaces required for all uses of the site, upon which the drive-up window establishment is placed, must be maintained.
(2) Approvals By The Planning And Zoning Commission:
(a) General Requirements:
i. The location shall not cause an increase of commercial traffic in nearby residential neighborhoods, or cause significant adverse impacts in the vicinity.
ii. Drive-up aisles should be located behind the building and circulation should provide for pedestrian access to and from the establishment's entrance.
iii. Waiting lane(s) are of sufficient length to accommodate average monthly peak volumes;
iv. Lights are designed and located to prevent glare on adjoining properties. Screening of lights may be required as a secondary measure of mitigation.
v. Landscaping should screen drive-up aisles from the public right-of-way and minimize the visual impact of vehicular lights, readerboard signs, and directional signs;
vi. Drive-up lanes shall be setback at least 10-feet from residentially zoned or used property. Landscape and sound abatement walls may be required when appropriate.
vii. Communication systems shall not exceed 55 decibels at any property line adjoining or across the alley from residential zones or uses.
(b) Hours Of Operation: The PZC may limit the hours of operation of a drive-up window establishment.
(c) Additional Requirements In The C-1 District: In C-1 districts, a 200-foot setback from residential use or zone is required for the drive through window or lane where the primary use of the window is food service. The 200-foot setback shall be measured from any part of the window or drive through lane to the nearest lot or parcel used or zoned for a residence.
(d) Additional Requirements In The C-5 District: Drive-up windows in the C-5 district shall be subject to the following standards and provisions.
i. The drive-up window and all stacking and escape lanes shall be located within a structure. The drive-up window facility shall be secondary to the principal uses of the structure in which the drive-up facility is located. The following additional design requirements shall apply:
A. All lanes used for ingress, stacking, service, and egress shall be integrated safely and effectively with circulation and parking within the structure.
B. No additional curb cuts shall be allowed to provide access for drive-up facilities within an existing or new structure. Existing curb cuts, however, may be relocated.
C. Traffic associated with the drive-up facility shall not inhibit safe access and exiting from parking spaces or the structure's entrances or exits.
ii. Where it is essential that the drive-up facility have its own ingress to and/or egress from the structure, the ingress and egress shall be limited to a single lane where it intersects a public street and sidewalk.
iii. The location and design of the drive-up facility shall minimize blank walls on street-facing exteriors of the building and disruption of existing or potential retail and other active ground floor uses.
iv. Drive-up windows in the C-5 district are not subject to general requirements in paragraph vi of subsection 2(a), above.
v. All entrance and exit points that may be utilized for the drive-up facility shall incorporate the following minimum safety features:
A. There shall be a visible pedestrian warning where walkways intersect entrance and exit points.
B. An approved auditory warning device and an approved non-auditory device shall be installed on both sides of all exit points. The devices may be combined into one device and shall flash and produce an auditory sound to warn against exiting vehicles.
(e) Additional Requirements In The HS District: In the HS district, drive-up windows may be allowed only for health-services related uses, such as pharmacies.
B. Shopping Center In The C-1 District: Groupings and shopping centers exceeding 100,000 square feet gross floor area are prohibited. Any grouping exceeding 70,000 square feet requires conditional use approval. On sites greater than 6.5 acres, groupings of nonresidential buildings are limited to a floor area ratio (FAR) of .35.
C. Taverns, Lounges, Concert Halls/Dance Halls And Tobacco Bars: In order to approve a conditional use permit for a Bar, Tavern, Lounge, Concert Halls/Dance Hall, or Retail Tobacco Business, the Commission must determine that the following conditions are met:
(1) Such business shall not be located within a radius of 300 feet of any building within which public school activities are conducted.
(2) Such business shall not be located within a radius of 150 feet of any hospital or any room within which a duly organized and established religion conducts regular religious or worship services.
(3) No amplification device shall be used such that the sound:
(a) Is plainly audible within any place of residence, or,
(b) Is plainly audible on a street at a distance of 100 feet or more from the amplification device.
(4) Establishments shall remain closed between 2:00 a.m. and 6:00 a.m. Closing times shall be clearly posted on all entrances and exits.
11-06-06: Industrial Use Standards
1. Storage Uses:
A. Bulk Storage Of Corrosive, Acid, Alkali, Explosive, Or Flammable Materials: Bulk storage of corrosive, acid, alkali, explosive, or flammable materials shall be screened from public view of any public right-of-way and shall be subject to such precautions as may be required by the Director and the Boise Fire Department.
B. Outdoor Storage:
(1) Where outdoor storage is allowed as an accessory or a primary use, it shall not include corrosive,acid, alkali, flammable, or explosive materials except as specifically indicated in this Code.
(2) Outdoor storage, whether a primary or accessory use, shall be screened from view of any public right-of way with a solid or opaque fence or similar materials acceptable to the Director.
2. Waste And Salvage Uses:
A. Composting Facility: Any composting facility shall submit a site and operational plan with their application for a conditional use permit. That plan shall demonstrate compliance with the following requirements.
(1) Composting piles or windrows shall be constructed to be no larger than can be managed in a nuisance-free manner by the proposed equipment and composting technology;
(2) Additional area shall be provided at no less than 15 percent of size of the active composting pile or windrow area for staging, curing, and storage;
(3) A minimum 50-foot setback shall be maintained from the property boundary or public right-of-way to any active processing area of the facility including any area used for storage, active composting, and curing;
(4) A minimum 200-foot buffer zone between the active composting pile or windrow and any existing adjacent residentially zoned or occupied property shall be maintained;
(5) Compliance with all applicable state or federal laws, regulations, or standards pertaining to water quality, air quality, and solid waste management shall be required;
(6) No composting facility shall be allowed in a floodplain or floodway;
(7) Surface slope of one to five grade shall be required for any composting facility;
(8) Adequate fencing, barriers or screening shall be required for all composting facilities;
(9) Public access shall be limited to those times when an attendant is on duty and during limited operating hours;
(10) Adequate space shall be provided between the piles or windrows to allow access to vehicles, including firefighting equipment;
(11) All organic materials received at the composting facility shall be removed from any containers unless the containers are of a biodegradable type in which case the container shall be opened before composting; and
(12) A permanent sign must be posted and maintained at the composting facility showing the nature of the project, facility name, address and telephone number of operator, operating hours, materials that may be received by the facility, and the phrase, "NO DUMPING OF GARBAGE, TRASH, OR RUBBISH ALLOWED."
B. Drop-Off Recycling Center: Drop-off recycling containers are allowed in commercial, industrial, and office zones, and at schools, churches, and multiple-family developments in all zones. A zoning certificate is required from the Director for each new recycling container site, and shall be issued upon proper application at no cost to the applicant. Drop-off recycling collection sites shall comply with the following standards:
(1) Containers do not interfere with required access or parking;
(2) Containers will be kept in a state of good repair and emptied on a regular basis to prevent overflow;
(3) All containers are clearly marked as to the materials to be deposited in them; and
(4) Non-compostable residues shall be disposed or processed at a permitted solid waste disposal facility in accordance with local, state, and federal laws, regulations and standards.
11-06-07: Accessory Uses And Structures
1. Purpose: This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the general standards set forth in this Section.
2. Approval Of Accessory Uses And Structures: Commonly allowed accessory uses are set forth in Table 11-06.1, however, this list is not inclusive. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated.
3. General Standards For Accessory Uses: All accessory uses and structures shall comply with the following general standards:
A. Subordinate To Principal Use: No accessory building shall be used unless the main building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership and shall utilize the same utility meter, with the exception of an approved accessory dwelling unit.
B. Location And Setbacks:
(1) No detached accessory building or structure shall occupy any area in front of the main building, unless approved by the PZC as a conditional use. However, on lots that have factory built housing or topographical or other physical constraints, the Director may approve a detached accessory building or structure in front of the main building.
(2) Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard areas.
(3) Accessory structures such as decks and patios that are 1-foot or less in height as measured from the property's finished grade, may occupy any yard area.
(4) Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to the home, may have rear yard setbacks of 9 feet. Interior side yard setbacks shall be per the zone. For corner lots, a minimum 15-foot street-side yard setback is required. Structures that use these reduced setbacks may not occupy more than 50% of the lot's rear yard widths.
(5) In-ground pools that are 1-foot or less in height, as measured from the property's finished grade, may occupy any rear or interior side yard area, provided a minimum 3-foot setback is maintained from the pool apron or splashguard. Hot tubs, diving boards, decks, and other features that are more than 1-foot above grade shall be located outside of setbacks.
(6) In all residential zones garages and carports opening onto a side street must have a minimum distance between the opening of such garage or carport and the side street lot line of not less than 20 feet.
(7) Detached accessory structures with 6-feet of separation from other structures may utilize the following setback reductions:
(a) Detached accessory structures under 120 square feet in area and under 7-feet in height (from grade to the top of the wall under the roof) are permitted in any yard area except in front of the main building and in required street side and front yard areas.
(b) Detached accessory structures that are over 120 square feet, but less than or equal to 500 square feet of area and that are less than 14-feet in height, may have reduced interior side yard setbacks of 3-feet and rear yard setbacks of 9-feet.
(c) Accessory buildings that use these reduced setbacks may not occupy more than 50 percent of the lot's rear or side yard widths.
(d) Alley-Loaded Accessory Parking Structures:
i. Alley-loaded parking and parking structures shall provide a back up area of at least 22 feet. This back up area may be within the alley and/or the lot but not within an accessory structure.
ii. A minimum 5-foot paved apron is required regardless of alley width.
iii. For side entry alley-loaded garages the back up area shall be provided for on the lot.
iv. Detached accessory structures that are under 1,000 square feet in area and under 22 feet in height may be built to the rear or side lot line abutting an alley.
v. Accessory structures over 1,000 square feet in area or over 22 feet in height shall comply with the setback requirements of the zone.
(8) Residential Accessory Buildings More Than 1,000 Square Feet In Area Or 22 Feet In Height: A zoning certificate is required for accessory structures over 1,000 square feet in area or 22 feet in height, subject to the following:
(a) No commercial use shall take place within the building;
(b) The square footage shall not exceed the floor area of the principal building;
(c) The building shall be architecturally compatible with the primary building;
(d) The building shall be compatible with neighboring properties in mass, and design.
4. Additional Standards For Specific Accessory Uses: Unless specified, standards for accessory uses are in addition to all applicable standards and approval criteria in this Code.
A. Tower And Gable Structures: No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters, nor for any commercial purposes other than as incidental to the primary use.
B. Beekeeping: The purpose of these regulations is to ensure sound beekeeping practices and thereby avoid problems that might be associated with the keeping of bees in an urban setting.
(1) Standards: Beekeeping standards shall be as follows:
(a) Noxious Insects Prohibited: The keeping of wasps, hornets, Africanized bees (Apis mellifera scutellata) and other noxious insects is prohibited.
(b) Density Of Hives & Colonies: There is no minimum parcel size for beekeeping. However, the maximum density is three colonies per 1/4 acre. Higher densities may be permitted by conditional use permit.
(c) Nucleus Colonies: For every two colonies authorized above, one additional nucleus colony is allowed.
(d) Hives: Colonies shall be kept in hives with removable frames.
(e) Flyway Barriers: For colonies located within 25 feet of a property boundary, a flyway barrier at least 6-feet in height consisting of a solid wall, fence or dense hedge parallel to the property line and extending ten feet beyond the apiary in each direction is required.
(f) Setbacks And Placement: Hives shall be located at least 20 feet from front property lines and three feet from other property lines. The back of the hive shall be oriented to adjoining properties.
(g) Water Source: A constant supply of fresh water is required. It shall be readily accessible to the bees and to allow them to access water by landing on a hard surface. A water supply is not required during winter and other inactive months.
(h) Maintenance: Hives not being actively maintained shall be removed. Colonies must be maintained so as to not interfere with the quiet enjoyment of surrounding properties.
(i) Queens: Where a colony exhibits unusually aggressive characteristics the colony shall be destroyed or re-queened.
(j) Compliance With State Statutes: Beekeeping shall comply with all applicable State laws.
(k) Contact Information: Contact information for a responsible party shall be posted at apiaries on vacant property.
C. Home Occupation:
(1) Procedure For Approval Of Use:
(a) Notification to the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, stating the adjacent property owners and occupants have been notified of the applicant's intent to operate a home occupation on site. Certified mail is an acceptable means of notifying adjacent neighbors.
(b) More than one home occupation may be approved for the same property address provided that the combined activities and uses of the home occupations do not exceed the approval criteria as set forth herein. For example, the aggregate total of floor space devoted to one or more occupations at a given address may not exceed 500 square feet.
(c) Home occupations may not be approved for some uses including, but not limited to, escort services, taxidermies, palm reading or other fortune telling businesses, and other such uses that are prohibited by the Boise City Code or are in violation of the purpose statement of this Code, as determined by the Director.
(2) Criteria For Allowed Home Occupations: A home occupation such as hair salons, graphic arts, desktop publishing, offices and instruction of small classes are allowed without application but must meet all of the following criteria.
(a) The use is clearly incidental and secondary to the use of the lot or parcel for dwelling purposes.
(b) The use is conducted entirely within a dwelling or accessory structure and the aggregate of all space within any or all buildings devoted to one or more home occupations shall not exceed 500 square feet in floor area. Outdoor storage of building materials and supplies is prohibited.
(c) The owner/operator of the home occupation shall reside on the premises and shall not employ others to work in the home.
(d) Required off-street parking spaces for the residence must be maintained.
(e) Deliveries and pickups shall be limited to two per day between the hours of 8:00 am and 6:00 pm, Monday through Friday.
(f) Instruction in music, crafts and dance shall be limited to one student at a time with a maximum of eight per day. To exceed this limit requires an Administrative Home Occupation.
(g) Salons shall be limited to one chair or nail table, commonly referred to as a station.
(h) Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building.
(i) Only items produced on the premises may be offered for retail sale, except that items incidental to the home occupation may be sold (e.g. hair products may be sold at a salon).
(j) One, 2-square foot sign is allowed. It must be attached flat against the building and may not be illuminated.
(3) Criteria For Administrative Home Occupations: Administrative home occupations require Planning Director approval to ensure they will not be a detriment to the character and livability of the neighborhood. Examples include group instruction or counseling and home based contractors. Administrative home occupations are subject to allowed home occupation criteria and the following:
(a) One vehicle, in addition to that used by an employee, may be used with a home occupation subject to the following:
i. Commercial vehicles are prohibited (See definitions).
ii. An off-street parking space is required and may be provided on a driveway apron.
iii. Construction trailers must be stored outside of setbacks on improved surfaces and may not be visible a street.
iv. Outdoor storage of building materials and supplies is prohibited.
(b) Instruction in such activities as swimming, yoga and dance shall be limited to a maximum of five students per class. Conditions may be added to limit hours.
(c) Internal or external changes that would make the dwelling appear less residential are prohibited. Examples include construction of parking lots, paving of required setbacks and adding commercial-like exterior lighting.
(4) Prohibited Home Occupations: The following occupations are prohibited:
(a) Occupations which involve highly combustible materials.
(b) Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools.
(c) Occupations that cause abnormal automotive or pedestrian traffic or that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration or similar disturbances.
(d) Retail stores.
(e) Dispatch centers where employees meet at the dwelling unit and are sent to other locations.
(f) Occupations that would detract from the residential character of the neighborhood.
D. Livestock And Animals:
(1) Purpose: To define livestock and pets and establish standards for their keeping and care; that will maintain neighborhood compatibility and protect the health, safety, and welfare of the general public.
(2) Livestock: Livestock are animals kept outside the home in enclosures such as pens, barns or corrals. The term includes cattle, llamas, mules, swine, sheep, goats, rabbits, poultry, domestic birds and any other grazing or foraging animal except those defined as pets.
(3) 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 Planning Director. The keeping of pets must comply with the performance standards in Section 11-06-07.4.D(7)(f).
(4) Commercial Livestock Uses: The keeping of livestock for sale or the sale of livestock products (such as milk) requires compliance with the standards in this ordinance and a conditional use permit.
(5) Animal Unit:
(a) An animal unit is:
i. One - horse, mule, cow, llama;
ii. Four - sheep, goats, or swine;
iii. Six - geese;
iv. Ten - rabbits; or,
v. Twelve - chickens, ducks.
(b) The Planning Director may determine a unit number for animals not listed.
(6) Livestock As Legal Nonconforming Uses: Nonconforming status shall be in accordance with Chapter 11-011, Nonconformance. Nonconforming status shall be lost if the livestock are absent from the property for a continuous period of two years.
(a) A minimum of one acre is required to keep livestock. For poultry and rabbits the minimum area is one half acre.
(b) With the exception of poultry and rabbits, a minimum contiguous area of one half acre (exclusive of structures) shall be dedicated to the keeping of the livestock. For poultry and rabbits, the minimum area is one quarter acre.
(c) Livestock shall be kept within fences, corrals, barns, or pens.
(d) Livestock enclosures must comply with setback requirements.
(e) The maximum density is two animal units per acre of area set aside for the keeping of livestock. For example, if one half of a one acre lot is set aside for the keeping of livestock one animal unit is allowed. (See exceptions listed in `8' below.) Maximum density shall not apply to offspring under nine months of age, nor shall it apply to pets.
(f) Livestock shall be kept so as to not cause adverse impacts on neighboring properties. This includes, but is not limited to, such impacts as odor, noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the City may cause to be abated.
(g) Structures housing pets, as defined in Section 11-06-07.4D(3), shall be located a minimum of 10 feet from any building used or capable of being used for human habitation on adjacent lots.
(h) It shall be unlawful to keep any animal listed in B.C.C. Section 5-1-8 under the auspices of this Section.
(8) Exceptions To Minimum Area:
(a) Livestock may be kept on less than one acre when allowed by subdivision covenants or duly adopted overlay districts. If animal density is not addressed therein, the density requirements of this ordinance shall apply.
(b) Livestock may be kept on less than one acre for educational purposes, such as 4H or FFA, though the maximum animal density shall not be exceeded.
(c) Horses that are regularly ridden and exercised off-site may exceed the standard animal unit density. One horse is allowed for every 14,500 sq. ft. of contiguous set aside area.
E. Urban Farm Standards:
(1) Setbacks: There are no setback requirements for garden plants. Accessory structures, fencing, and other miscellaneous improvements are subject to the dimensional standards of the zone.
(2) Maintenance: Dead plants, produce, and trash not to be used for composting or other garden functions shall be removed from the site in a timely manner.
(3) Equipment: The use of mechanical equipment is generally limited to that typically associated with home gardening. Larger equipment may be used on a limited basis for seasonal activities such as soil preparation or clean-up in the fall. The use of mechanical equipment is limited to daylight hours.
(4) Clear Vision Triangle: Plantings shall not obstruct any clear vision triangle. Plantings in the public right-of-way require a license agreement from ACHD.
(5) Water Conservation: Drip irrigation and other methods to conserve water are encouraged.
(6) Chemicals And Fertilizers: Chemicals, fertilizers or other toxic materials may not drain onto adjacent properties, into waterways, or onto public rights of way. Chemicals and other flammable materials must be disposed of in accordance with Federal and State requirements. If stored on site, they must be kept in a locked structure when unattended.
(7) Contact Information: On vacant parcels, a non-illuminated sign displaying the name and contact information for the individual or agency responsible for the garden shall be provided. This sign shall not exceed 6-feet in height or 32 square feet in background area.
(8) Lighting: No overhead lighting is allowed.
(9) Historic Districts: Urban farms located in a designated Historic Overlay District require a Certificate of Appropriateness.
(10) Produce Distribution: The pick-up and delivery of produce for the purpose of distribution to gardeners or those who have purchased shares of locally grown produce is allowed during daylight hours. Such activities shall not be considered retail sales.
(11) Retail Sales: Retail sales may be allowed at urban farms upon approval of a Zoning Certificate. In addition to the standards listed above, the following criteria apply:
(a) Sales shall be limited primarily to produce grown on the premises. Other items that have been grown or raised within the City's Area of Impact may also be sold. These items may not exceed 25 percent of total product on display.
(b) Display areas shall adhere to the setbacks of the zone and be located as close to the front property line as feasible.
(c) Installation of new overhead lighting is prohibited.
(d) Applications shall include signatures of residents of adjacent properties, including those across streets and alleys, indicating they have been notified of the intent to conduct retail sales. The list shall include the address of any residents unwilling to sign.
(e) In Residential And Open Space Zones:
i. The area dedicated to the sale, display and storage of produce shall not exceed 500 square feet.
ii. Sales are limited to the hours of 8:00 a.m. to 8:00 p.m.
iii. Installation of new on-site parking to support retail sales is prohibited.
(a) A decision to approve or deny will be made within 15 days of receipt of a complete application. If approved, notice will be sent informing owners and residents within 300 feet of the decision and their right to appeal.
(b) Conditions may be imposed to protect adjacent properties from adverse impacts.
(c) These standards may be exceeded with approval of a Conditional Use Permit.
11-06-08: Temporary Uses
1. Purpose: This section authorizes the establishment of temporary uses subject to a zoning certificate.
A. Types of temporary uses and structures that may be approved under the temporary use approval process include:
(1) Temporary buildings;
(2) Temporary display and sale of merchandise;
(3) Model homes, trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises;
(4) Seasonal uses (e.g., fireworks stands, Christmas tree lots, and produce stands); and
(5) Other uses that clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Director.
B. Uses that may not be considered for temporary approval include:
(1) Uses that require PZC approval.
(2) Structures or uses that are intended to be placed upon unimproved property, other than seasonal uses or uses incidental to construction.
3. General Standards For Temporary Uses: A temporary use may be approved provided that the use complies with the following standards:
A. Compliance With This Code And Other Law: The use shall be conducted in compliance with regulations administered and enforced by other city, state and federal agencies.
B. Location: The temporary use shall allow for placement of a temporary structure, vehicle, sign, etc. outside of any vision triangle, required setback, required parking stall (except as permitted for temporary, outdoor display sale of merchandise), service drive area, dedicated trash dumpster location, sidewalk, or any other position on a lot that may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.
C. Duration: Depending on the nature of the use, and with the exception of produce stands, a temporary use certificate shall not exceed 180 (consecutive) days. Produce stands may be approved annually.
D. Requirements For Seasonal Temporary Uses: Seasonal uses require approval from the City Clerk's Office.