A. Short Title: This article, as may be amended from time to time, shall be known, cited and referred to as the AVIMOR ZONING ORDINANCE.
B. Purpose And Intent: This article is adopted to implement the vision, goals and principles of the Avimor Planned Community and the Avimor Specific Plan; to provide a method of land use regulation, as authorized by the Ada County Comprehensive Plan and the Ada County zoning ordinance; and to set forth the development standards and administrative procedures for implementing the land use policies of the Avimor Specific Plan, in particular with respect to:
1. The design of quality, mixed use development.
2. Distinctive and effective regulations to guide development.
3. Flexibility and creativity in design and development in response to market demand and site specific conditions.
4. Creative and innovative land planning that is sensitive to existing environmental conditions.
5. The integration and balance of a variety of land uses.
6. The development of essential public services.
7. Phased and orderly development utilizing consistent criteria.
8. Establishing uses and standards for each residential and nonresidential use.
9. The development review and approval process.
C. Applicability: This article shall govern and control all development throughout the Avimor Planned Community as described in the Avimor Specific Plan, and as shown on the land use district map, and as detailed in the land use design and development standards matrix, and the land use table.
1. The provisions of the Ada County zoning ordinance shall govern all standards or processes that are not specifically identified, set forth, or modified by this article. Amendment of the Ada County zoning ordinance shall neither modify nor amend the specific provisions of this article, or the land use district map, the land use design and development standards matrix, or the land use table adopted pursuant to this article.
2. Any contradiction, inconsistency or ambiguity between the requirements of this article and any other provision of the Ada County zoning ordinance shall be governed and controlled by this article.
3. The provisions of this article are severable, and if any provision, sentence, clause, section, or any part thereof, is held illegal, invalid, unconstitutional, or inapplicable, it shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article.
4. To the extent that any specific land use is approved as a result of the adoption of the Avimor Specific Plan, including, without limitation, the placement and approval of any utility system or service, such uses shall require no further application or approval.
D. Definitions: The definitions set forth in section 8-1A-1 of this title are generally applicable in the interpretation and construction of this article; provided, however, that definitions set forth below are unique to this article and shall be used specifically in the interpretation and construction of this article. In the event of any conflict between the terms defined in section 8-1A-1 of this title and the terms defined below, the terms defined below shall control. Subject to the foregoing, any term used in this article not specifically defined below shall have the same meaning ascribed to that term as per the definitions set forth in section 8-1A-1 of this title, and any term not defined herein or in section 8-1A-1 of this title shall be given its plain and ordinary meaning.
ACCESSORY DWELLING UNIT: A fully functional living unit which may be rented for income, provide residence in barter for personal services, or accommodate a family member, and which may be a separate structure on the same lot, a portion of the primary dwelling, or located over a garage, separate or attached to the primary dwelling.
ALLEY: A public or private way affording a secondary means of access to abutting property at the back or side of a property. An alley may also provide required frontage to a public right-of- way.
ARTICLE: This Avimor zoning ordinance.
AVIMOR DESIGN REVIEW COMMITTEE OR DESIGN REVIEW COMMITTEE: That certain Design Review Committee established by the developer to review and approve site plans, architecture and landscape designs within the Avimor Planned Community before such plans and designs are submitted to Ada County for development permits.
AVIMOR PLANNED COMMUNITY: That area depicted in the Avimor Specific Plan and on the land use district map, as they may be amended from time to time.
AVIMOR SPECIFIC PLAN: The Avimor Specific Plan consists of the goals, objectives, policies, maps, development standards, administration provisions and other components of the Avimor application for a planned community which has been adopted by the Board, and which shall serve as a guide for development. A copy of the Avimor Specific Plan, as it may be amended from time to time, shall be on file with the Ada County Development Services Department.
COMMUNITY CENTER: That area, building or facility which is intended to include the recreational and community service uses that will form the social hub of the Avimor Planned Community, and which may include for lease office(s) and/or retail space(s).
COMMUNITY SERVICE DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map, which designation identifies sites for utilities and public structures, services or facilities outside of the Village Center District, including, without limitation, schools, fire, police, EMS and restricted commercial uses that are compatible with open space or recreation, such as landscape nursery, bicycle or recreational sales, rental and repair, or such other uses that are determined by the Director to be in conformity with the Avimor goal, objectives and policies.
DEVELOPMENT PERMITS: Those applications and permits required for approval by Ada County including, without limitation, master site plan approval, zoning certificate, grading permit and building permit, as may be required pursuant to this article or the Ada County zoning ordinance.
DWELLING, LIVE/WORK: A building that offers the opportunity for the occupant to live and work in the same building with distinctly separate space for each activity.
DWELLING, LOFT HOUSING: A dwelling unit located above a nonresidential use.
FLOOR AREA RATIO: The ratio of total building floor area to the total land area of the parcel where the building is located.
FOOD VEHICLE OR TRAILER CONCESSIONS: Unit is licensed as a mobile food establishment with the Health Authority. Unit from which food and beverages are sold. Includes permanent and semi- permanent vehicle or trailer and is a self-sufficient vehicle or trailer.
FOOTHILLS OPEN SPACE DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map, which designation identifies land retained as natural open space for the preservation of sensitive habitat, natural features and/or hillside areas free of development or structures other than wildlife habitat improvements, trails and trailhead parking, recreational improvements, agricultural uses, utilities, utility facilities, roadways, drainage facilities or other accessory uses or approved conditional uses.
FOOTHILLS RESIDENTIAL DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map, which designation identifies clustered, low to medium density residential housing areas.
LAND USE DESIGN AND DEVELOPMENT STANDARDS MATRIX: The table of design and development standards and regulations for structures and site improvements specific to the Avimor Planned Community, as detailed in section 8-3I-2, table 8-3I-1 of this article.
LAND USE DISTRICT: The specific districts within the Avimor Planned Community where designated land uses are regulated. See definitions of Community Service District, Foothills Residential District, Foothills Open Space District, Village Center District, Village Residential District, Village Open Space District.
LAND USE DISTRICT MAP: The map depicting the boundary of the Avimor Planned Community and the land use districts within such boundary, as detailed in section 8-3I-2, table 8-3I-1 of this article.
MIXED USE: The integration of different uses, including, without limitation, workspace such as office and retail, dwellings, shopping, schools, restaurants, entertainment, parks, and civic buildings, all within close proximity and often within the same buildings.
MODEL HOME COMPLEX/SALES CENTER: One (1) or more dwellings or group of dwellings which is/are shown to prospective buyers, which may include parking, signage, fenced visitor "capture" area(s) and sales office(s).
PHASE: A development area within the Avimor Planned Community designated as such on a subdivision plat.
SELF-SUFFICIENT VEHICLE OR TRAILER: Unit is equipped for preparing perishable Potentially Hazardous Food/Temperature Controlled for Safety (PHF/TCS) foods, cooking, hot and cold storage, dry storage, utensil washing, hand washing etc., on the unit with self-contained potable water supply and wastewater storage. Pressurized hot and cold water is required in mobile unit.
SUBSTANTIAL CONFORMANCE: A final plat shall be deemed to be in substantial conformance to a preliminary plat provided that the final plat represents no increase in the number of lots as approved for the preliminary plat, provided that the density and lot dimensions meet the standards of the applicable land use district, and provided that roadway alignments conform to those depicted on the preliminary plat.
VILLAGE CENTER DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map, which identifies a mixed use core of the community.
VILLAGE OPEN SPACE DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map, which identifies lands which shall remain open and free of development or structures other than wildlife habitat improvements, trails and trailhead parking, recreational improvements, utilities, roadways, drainage facilities or other uses as approved through the conditional use process.
VILLAGE RESIDENTIAL DISTRICT: The land use designation described on the land use design and development standards matrix and depicted on the Land Use District Map which identifies a central single-family neighborhood of diverse housing types. (Ord. 739, 2-10-2010; amd. Ord. 860, 1-31-2017)