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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.
Criteria | Child Care Home (1 - 6 Children) | Group Child Care Home (7 - 12 Children) | Child Care Center (7 - 12 Children) | Intermediate Child Care Center (13 - 20 Children) | Large 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 section establishes standards for the placement of wireless communication facilities (WCFs) to minimize aesthetic impacts by regulating the height, location, site characteristics, and design. It shall apply to the placement of all new WCFs and the expansion or alteration of existing WCFs.
(1) General Requirements: Facilities shall not:
(a) Create adverse noise from generators or other accessory equipment.
(b) Create access or grading problems.
(c) Interfere with the safe operation of traffic control equipment.
(d) Interfere with sight lines or clear zones for transportation or pedestrians.
(e) Violate any applicable laws, codes, or regulations.
(f) The removal of private trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided from the private property and submitted with an application. The removal of public trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided by the City Forester. The removal, if approved, must be completed by a tree service licensed by the City of Boise. WCFs that will disturb or impact existing landscaping or infrastructure maintained by the City within public rights-of- way shall comply with Section 7-7A-3. WCFs that disturb a tree shall also comply with Section 11-07-05.2(B)(8) and 11-07-05.2(F) and may be required to comply with any other applicable ordinance or manual.
(g) Disturbance to private property landscaping, regardless if it is located within a public easement, shall be repaired to its original state after installation of the facility is complete.
(2) Application Not Required: Subject to the design standards in Boise City Code Section 11-06-04.2(A)(6), an application shall not be required for:
(a) Routine maintenance;
(b) The replacement of a facility or antenna with another facility or antenna of equal or lesser size or height; or
(c) The installation, placement, maintenance, operation, or replacement of strand-mounted micro wireless facilities between existing utility poles; or
(d) The installation of an attached Wireless Communication Facility as defined in Section 11-06-04.2(A)(6).
(3) Use Allowances And Applications: The WCF use allowances and application requirements are identified in Table 11-06.3, below.
Allowed, Conditional and Prohibited Uses by Zoning District
A = Allowed, A* = Administrative Review, C = Conditional Use Permit
Zoning Category | Attached Wireless Communication Facility | Freestanding Wireless Communication Facility | |
Monopole/Structure Less than Base Height of zone | Monopole/Structure Greater than base height of zone | ||
Residential Districts (A-1, A-2, R-1A, R-1B, R-1C, R-1M, R-2, R-3) | A | A* | Prohibited within A, R-1 and R-2 zones |
Conditional in R-3 | |||
Commercial/Office and Industrial Districts (R-O, N-O, L-O, C-1, C-2, C-3, C-4, C-5, P-C, U, HS, M-1, M-2, M-4, T-1 & T-2) | C | ||
(4) Site Development Standards For Freestanding Wireless Communication Facilities Greater Than Base Height Of Zone: The following shall apply to freestanding WCFs above the base zone height per Table 11-06.3.
(a) Setbacks: Support towers that do not exceed the height limit of the zone must meet setback, landscaping and screening requirements. Support towers that exceed the height limit of the zone shall be set back from all property lines as required by that zone or by 1 foot for every 10 feet of total tower height, whichever is greater. For a WCF located within 300 feet of a residential zone or use, the minimum distance from the 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 1,000 feet to another freestanding WCF.
(c) Height: The height measurement of a WCF shall include the height of the structure including antenna attachments. WCFs exceeding the height limit of the zone may only be allowed by Conditional Use Permit as indicated in Table 11-06.3.
(d) Equipment Facilities: All equipment shelters, cabinets, or on-ground ancillary equipment shall meet setback requirements.
(e) Screening And Landscaping: 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. The Director may reduce or waive landscaping requirements where the visual impact of the facility is minimal.
(f) Color And Placement: To the greatest extent possible, WCFs shall use materials, colors, textures, screening and landscaping that blend the facilities to the natural setting and the built environment (e.g. a monopine design or similar concealment). Any antennas and supporting equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure and render the antennas 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), WCFs shall not be lighted. Equipment shelters may use security lighting that 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 zone 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 support structure.
(i) Discontinuation Of Use: Any WCF that is no longer in use shall be reported immediately by the property owner or service provider to the Director. Discontinued facilities shall be removed within 6 months and the site restored to its pre-existing condition.
(j) Gateway Streets: Lattice towers and WCF poles that exceed the base zone height limit are prohibited within 100 feet of:
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.
(5) Site Development Standards For Freestanding Wireless Communication Facility Less Than Base Height Of Zone: The following shall apply to freestanding WCF's less the base zone height per Table 11-06.3:
(a) Design Criteria: The WCF complies with the WCF design standards in Section 11-06-04.2(A)(6)(a).
(b) Separation: A freestanding WCF shall be no closer than 500 feet to another freestanding WCF.
(c) Dual Purpose: The pole shall allow for a Boise City Public Works approved streetlight or co-location of another WCF provider or utility service.
(d) Ground Equipment: All equipment not installed on or inside the pole shall be located underground, flush to the ground, within 3 feet of the utility pole.
(e) Placement: The freestanding WCF shall not interfere with clear vision triangles or pedestrian access.
(f) Setbacks: In residential zoning districts, freestanding WCFs shall be no closer than 20 feet to a dwelling.
(g) Options To Co-Locate: The applicant shall demonstrate that all appropriate co-location options (including publicly owned utility poles, privately owned structures, poles, rooftops and poles within easements) within a 500-foot radius are technically incompatible for co-location.
(h) Notification: 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 install a freestanding wireless communication facility, that any disturbance to the site will be repaired to its original state, and the applicant's contact information. Certified mail is an acceptable means of notifying adjacent owners and occupants.
(6) Design Standards For Attached Wireless Communication Facilities: The following shall apply to attached WCF's per Table 11-06.3:
(a) General Criteria:
i. The total volume of antennas on one structure shall not exceed fifteen (15) cubic feet.
ii. No antenna shall extend horizontally more than 20 inches past the outermost mounting point (where the mounting hardware connects to the antenna).
iii. Antennas and associated equipment enclosures not fully concealed within a pole must be camouflaged to appear as an integral part of the pole or be mounted as close to the pole as feasible and must be reasonably related in size to the intended purpose of the facility and reasonable expansion for future frequencies and/or technologies, not to exceed the volumetric requirements otherwise required in this ordinance.
iv. Antennas and antenna equipment shall not be illuminated except as required by municipal, federal, or state authority or as incidental to deployment on a streetlight.
(b) Strand-Mounted Wireless Facilities: Strand-mounted facilities shall comply with the following:
i. Each strand-mounted antenna shall not exceed 3 cubic feet in volume;
ii. No more than 2 strand mounted antennas between any two existing poles;
iii. Strand-mounted devices shall be placed as close as possible to the nearest pole and in no event more than 5 feet from the pole unless a greater distance is required by the pole owner; and
iv. No strand-mounted device will be located in or above the portion of the roadway open to vehicular traffic. Strand-mounted devices must be installed with the minimum excess exterior cabling or wires to meet the technological needs of the facility.
(c) Replacement:
i. The centerpoint of the replacement pole shall be located no more than 5 feet away from the centerpoint of the original pole.
ii. Construction of the replacement pole entails no new ground disturbance within a 5-foot radius outside previously disturbed areas, including disturbance associated with temporary support of utility, communications, or related transmission lines.
iii. The pole does not exceed the height of the zone, except as otherwise authorized under this code; and
iv. Has an appearance consistent with the quality and appearance of the original pole.
(d) Exceptions: The design standards shall not apply to the extent that the facilities comply with any of the following:
i. Antennae located entirely within approved signage, including antennae 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 nonconforming sign.
ii. 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.
iii. 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.
iv. Co-location on existing facilities where the height of the existing structure or pole does not increase over the maximum height of the base zone, unless conditionally approved.
v. 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; or
vi. 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.
vii. An applicant may seek Director approval to deviate from applicable site and design standards to the extent that compliance with the standard: (i) is not technically feasible; (ii) impedes the effective operation of the WCF; (iii) conflicts with other applicable laws or requirements governing the WCF; or (v) otherwise materially inhibits or limits the provision of wireless service.
(7) Eligible Facilities Request: Upon receipt of an Eligible Facilities Request, the Director shall review such application to determine whether the application so qualifies. The Director shall issue an approval if the application qualifies.
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. (amd. Ord. 9-22, 3-29-2022)