You are viewing an archived code
Abate: Means to repair, replace, remove, destroy or otherwise remedy a condition by such means and in such manner and to such an extent as the Director shall determine is necessary in the interest of the general health, safety, and welfare of the community.
Access: The place, means, or way by which pedestrians or vehicles shall have safe, adequate, and usable ingress and egress to a property, use, or parking space.
Access Aisle: An accessible pedestrian space between elements, such as parking spaces, seating, and desks that provides appropriate clearances for use of the elements by physically disabled people.
Access, Emergency: An additional route of access to a development for emergency vehicles. Use of emergency accesses is restricted to emergency vehicles by means of bollards, gates, or some other device to prohibit general use by the public. Emergency access must meet the requirements of the Uniform Fire Code as adopted by the Fire Department.
Access, Secondary: A second means of vehicular access to a development that may be either improved to the district's standards or private street standards.
Accessible: Describes a site, building, facility, or a portion of a site, building, or facility, that can be approached, entered, and used by physically disabled people.
Accessible Route: A continuous, unobstructed path connecting all accessible elements and spaces in a building or facility. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts.
Accessway: An unobstructed way of specified width containing a drive or roadway that provides vehicular access within a mobile home park and connects to a public street.
ACHD: Ada County Highway District.
Ada County Street Name Committee: An advisory group on street naming established by Ada County.
Adaptive Reuse: The modification of an existing building (most typically a single family dwelling) for use as either an office or a multi-family dwelling unit or a historic institutional use, while maintaining the architectural integrity of the original structure; or the conversion of any such structure back to its original use as a single family dwelling.
Adult Arcade: A premise where, for any form of consideration, one or more motion picture or slide projectors or similar machines for viewing by five or fewer persons each, are used to display any images emphasizing the depiction or description of specified sexual activities or graphically exposed specified anatomical areas. This shall also apply to any arcade that is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice or as required by law.
Adult Bookstores: A premise that is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice as required by law and has, at any one time, 60 percent or more of its stock-in-trade and offers for sale, trade, or rent of one or more of the following:
A. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or exposed specified anatomical areas;
B. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities; or
C. Goods that are replicas of or that simulate specified anatomical areas or goods that are designed to be placed on specified anatomical areas to cause sexual excitement thereof.
Adult Cabaret: A nightclub, bar, restaurant, or similar premise that features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or that features films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater: A premise where, for any form of consideration, has, at any one time, 60 percent or more of its stock, rented or owned, that shows films, motion pictures, video cassettes, digital images, slides or similar reproductions, and in which at least 50 percent of the total presentation time is devoted to the showing of material that is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Affected Person: As used in Section 11-03-03.11, Mediation, "Affected Person" means the applicant or any member of the public who provided written or oral testimony in opposition to an application submitted to the city.
Affordable Housing: Housing for which the occupant(s) is/are paying no more than 30 percent of his or her income for gross housing costs, including utilities and where total annual household income does not exceed eighty percent (80%) of area median income. Affordable housing may provide both ownership and rental opportunity. An affordable rental property generally receives a subsidy or has received a subsidy to allow units to be rented at or below Fair Market Rent for income qualifying households or receives a rental voucher allowing a household to pay no more than 30% of its monthly income towards housing.
Agricultural Parcel: A parcel of land at least five acres in size that is in agricultural use and that may include the owner's residence, if the required street frontage is provided.
Alley: A minor public way that provides access at the back or side of a property or a secondary means of access to abutting property and that is not intended as a traffic thoroughfare.
Alterations, Structural: Any change, other than incidental repairs, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, and girders.
Animal, Large: Animals including horses, mules, donkeys, llamas, sheep, and goats. Other animals that are not listed but are of a similar size, as determined by the Director, are subject to all regulations in this Code for large animals.
Animals, Small: Animals such as rabbits, poultry, geese, domestic birds, and game birds, excluding such birds as are caged and housed inside the dwelling, and other animals deemed as such by the Director and not raised for commercial purposes. Commercial purposes or uses do not include FFA, 4-H, or other student projects.
Animal Unit: A unit of measure for determining livestock densities. Each mature horse, mule, or llama shall represent one animal unit. Any of the following groups of animals represent one animal unit: four mature sheep, swine, or goats; 12 mature chickens or ducks; six mature geese or turkeys or game birds; or ten mature rabbits. The animal unit equivalency for miniature versions of pigs and other animals shall be determined by the Director.
Annexation: The process by which the city's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code 2.C50-222.
Antenna: A transmitting or receiving device used in telecommunications that radiates or captures radio signals. Antennas include the following types:
A. Omni directional (or "whip") antenna: Receives and transmits signals in a 360-degree pattern, and that is up to 15 feet in height and up to four inches in diameter.
B. Directional (or "panel") antenna: Receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.
C. Parabolic (or "dish") Antenna: A bowl-shaped device that receives and transmits signals in a specific directional pattern.
D. Ancillary antenna: An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
E. Other: All other transmitting or receiving equipment not specifically described in paragraphs A through D, above, inclusively, shall be regulated as for the type that it most closely resembles.
Apartment: A room or suite of rooms in a multiple-family structure that is arranged, designed, or used as a single housekeeping unit including complete kitchen and permanently installed sanitary facilities.
Apiary: A place where bee colonies are kept.
Appeal: A request for a review of any decision or interpretation of any provision of this code.
Appellant: A party of record or other person who is entitled by law to appeal and who initiates an appeal.
Applicant: An individual, corporation, firm, or group who submits and represents the subdivision application and undertakes the subdividing of a lot, tract, or parcel of land. If the applicant is not the property owner, the property owner's permission to submit the application must be submitted with the application.
Approved Topography: The natural topography of a parcel or the topographic conditions of a parcel approved by the city prior to the effective date of this Code, or as approved by a subdivision, conditional use permit, hillside and foothill development permit, grading permit, or building permit.
Architect: An individual holding a valid architect's license from the State of Idaho that renders or offers services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice and consultation; providing preliminary studies; architectural design, drawings, and specifications; technical submissions; and administration of construction contracts.
Area of Impact: An area mutually agreed upon, including plans and codes, between the city and county as provided for by Idaho Code §67-6526 and §50-1306.
Area of Shallow Flooding (ASF): An area shown on the Flood Insurance Rate Map as an AO zone with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. These areas are also referred to as the alluvial fans, and are characterized as sheet flow.
Area of Special Flood Hazard (ASFH): Lands within Boise City that are subject to flooding from the base flood (or "100-year flood"). These areas are also referred to as the floodplain. Designation on maps always include the letters A or V.
Area with a Slope Greater Than Twenty-five Percent: An area with a natural (pre-grading) slope greater than 25 percent, mapped to a minimum resolution of 6,000 square feet in area, also called a Non-buildable Area.
Area with a Slope of Twenty-five Percent or Less: An area with a natural (pre-grading) slope of 25 percent or less, mapped to a minimum resolution of 6,000 square feet in area, also called a Buildable Area.
Argument Memoranda: Written arguments based on the established hearing record that are submitted after an appeal has been filed.
Attached: Anything physically connected to a building or structure so as to become an integral part of the building or structure. The term includes components of a structure joined together by a common wall, floor, or ceiling or a fully enclosed hallway.
Awning: A projecting cover extending over a door, window, or wall section with supports attached to the building and used as cover, protection, or as decoration.
Balcony: A platform enclosed by a parapet or a railing that projects from an exterior wall of a building and open to the sky. Balconies don not include stairs for exterior exiting.
Basement: The story or level of a building that is partially or totally below ground level.
Base Flood: A flood that has a one percent chance of being equaled or exceeded in any given year, and is synonymous with "one percent flood" and "100-year flood." Designation on maps always include the letters A or V.
Base Zone District: The zone district classification that is in effect on any given land for which standards are included in this Code.
Bee: Any stage of the life cycle of the common domestic honey bee.
Berm: A raised landform designed to provide visual interest, screen undesirable views, and/or decrease noise.
Block: A space along one side of a street that is the lesser of that between the two nearest intersecting streets, or that between an intersecting street and a right-of-way, waterway, or other similar barrier, but excluding alleys.
Boise City Foothills Planning Area: The area defined in the Foothills Policy Plan and the Boise City Comprehensive Plan within the Boise City Area of Impact Boundary.
Boise City Comprehensive Plan: The most current comprehensive plan officially adopted for Boise City and as subsequently amended.
Boise River Plan: That portion of the Boise City Comprehensive Plan titled Boise River Plan that includes both text and river maps.
Boise River System Overlay Districts: See Section 11-05-06.1, Boise River System Overlay Districts.
Buildable Parcel: A recorded lot, parcel, or tract that is eligible for a building permit, based on compliance with this Code, and that is not encumbered by an easement, plat note, or other restriction that prohibits building on the lot, parcel, or tract.
Buildable Site (Boise River System Overlay): A residential, commercial, industrial or office construction site that does not require dikes or rip-rap for protection against flooding.
Building: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings, and that is designed or intended for the shelter, enclosure, or protection of persons, animals, chattel, or property of any kind.
Building, Accessory: A building that is subordinate and incidental to the principal building or use on the same lot, but not including any building containing a dwelling unit.
Building, Completely Enclosed: A building enclosed by a permanent roof and by exterior walls pierced only by windows and normal entrance or exit doors.
Building, Detached: A building located on its own lot and physically separated from other buildings by required yards or open space.
Building Envelope: The designated area on a lot within which a building or other structure (including footings) must be contained.
Building, Existing: Any building erected prior to the effective date of this Code or one for which a legal building permit has been issued.
Building, Nonconforming: Any building that does not conform to the requirements of this Code.
Building, Principal: A building in which the principal use of the lot is conducted.
Building, Unfinished: A structure where construction has commenced but has been discontinued for a period of six months or has not been finished in accordance with the approved building permit and cannot be certified for occupancy or final building inspection.
Bulk: The size and mutual relationships of buildings and other structures as to size, height, coverage, shape, and location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same building, to other buildings or structures, and to all open spaces relating to the building or structure.
Business: The purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; the ownership or management of office buildings, offices, recreation, or amusement enterprises; or the maintenance and use for offices; or professions and trades rendering services.
Caliper: A measurement in inches of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six inches above the ground for all trees up to and including four inch caliper size, and twelve inches above the ground for larger sizes.
Canopy: A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material such as metal, glass, fabric, or plastic.
Carport: A structure open on at least two sides used to house or protect motor vehicles that are owned or operated by the occupants of the principal building.
Cellar: A storage room(s) located under the main floor or floors of a building and partly or totally below ground level.
Channel: The bed and banks of a river, stream, tributary, waterways, etc.
Class A, B, and C Lands and Waters: As used in Section 11-05-06.1, Boise River System Overlay District, lands and waters that provide habitats for fish, birds, and other wildlife.
Class I, II, and III Trees: The classes of trees are defined for the purposes of this ordinance by the Tree Selection Guide, published by the Community Forestry Unit of the Boise Parks & Recreation Department (latest edition). Generally, Class I trees reach a mature height of no more than 30 feet, Class II trees mature to a height of no more than 60 feet, and Class III trees mature to 60 feet or greater in height.
Co-location: The use of a single support structure or site by more than one wireless communications provider.
Colony: As used in Section 11-06-07.4.B, Bee Keeping, bees in any hive including queens, workers and drones.
Commercial: Any activity conducted with the intent of realizing a profit from the sale of goods or services.
Common Area/Space: Land within a subdivision or development that is not individually owned or dedicated for public use that is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements i.e., recreation area, parking, landscaping, or others.
Common Driveway: A shared access that serves for ingress and egress that serves multiple residential parcels or lots, each having public or private street frontage.
Compensation: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values.
Compensation, In-kind: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values that are the same as those natural resource functions and values that are impacted by a proposed action.
Compensation, Out-of-kind: As used in Section 11-05-06.1, Boise River System Overlay Districts, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values that differ from those impacted by a proposed action.
Compost: A humus-like material, produced from composting, that has been stabilized to a degree that is potentially beneficial to plant growth and that is usable as a soil conditioner, top soil, growing medium amendment, or other similar uses to buffer the soil Ph, improve soil aggregation and tilth, reduce erosion, enhance water infiltration and retention, increase soil porosity and aeration, slow the rate of temperature change in soil, provide food for soil microorganisms, or enhance availability of micronutrients in soils.
Concentrated Feeding Area: That part of a site in which animals are raised or kept in a confined area at some location within the parcel or reserve area. A concentrated feeding area may include any feeding or holding operation where animals are concentrated in an area that is:
A. Not normally used for pasture or growing crops and in which animal waste may accumulate, or
B. Any trough or similar feeding apparatus.
Conditional Use: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning and Zoning Commission and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses are issued for uses of land and, unless otherwise conditioned, are transferable from one owner of the land to another.
Conditional Use Concept Plan: An approval of a generalized development plan that does not include the details of proposed development. A detailed conditional use approval must be obtained for each phase of a concept conditional use plan.
Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
Cubic Feet Second (CFS): Measurement of the rate of flow of water in the river or tributary.
Cul-de-sac: A dead-end street with turnaround space at its terminus.
Cut: To grade into a hillside in order to create a flat area or to steepen a bank. The mechanical removal of earth material.
Cut and Fill: The excavating of earth material in one place and depositing of it as fill in a different place.
Cut-off Date: A deadline for submittal of applications to be heard by the Planning and Zoning Commission or Design Review Committee at a public hearing.
Damaged or Dilapidated Building: A structure that has suffered significant damage or deterioration either from age, lack of care, or abandonment, or natural or manmade calamity to the degree that the exterior of the building walls, roof, doors, and windows are burnt out, falling down, significantly patched or boarded, or are structurally unsound.
Dead-end Street: A street connecting to another street at one end only and not having provision of vehicular turnaround at its terminus.
Decision-making Body: An officer or elected or appointed body with the authority to approve, modify, or deny a development application pursuant to this Code.
Dedication: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the applicable governmental body as a public dedication, either by Code or entry in the official minutes of that body.
Deep-rooted Plants: Shrubs and grasses that have an extensive root system and are useful for soil stabilization.
Development Pockets: The buildable areas, designated on the site plan and plat map, where the structures and appurtenances will be clustered. These areas will be largely less than 25 percent slope but may contain fragments of steeper areas as needed to accommodate the site design.
Development, Existing: Any development for which approval was given prior to the effective date of this Code such as concept plans entitling the applicant to proceed with preliminary or final platting, or a conditional use or building permit, and for which such approval has not expired. An extension of an existing approval after the effective date of this Code does not make a development an existing development.
Development, New: Any development for which an application has been filed on or after the effective date of this Code or approval of which has been extended on or after the effective date of this Code.
Director: The Director of the Planning and Development Services Department. This definition includes the Director's designated representative, e.g., the Planning Director, Zoning Administrator, Planning Official, Review Analyst, and other similar titles.
Director, Planning: The Director of the Planning Division of the Planning and Development Services Department.
Display, Outdoor: Placement of items out-of-doors (i.e., not within a building) for show and sale to the general public. Examples of this use include garden supplies placed in commercial parking lots by home and garden or other stores during spring and summer time. This use is distinct from "outdoor storage" or junk as elsewhere defined and may be approved on a temporary basis.
District, Zone: A section or part of the incorporated portion of Boise City, as set forth in Chapter 11-04, for which the use regulations are uniform.
District, Overlay: A zone district that adds a requirement(s) to the standards of the underlying zone district(s).
Driveway: A private access connecting a building such as a house or garage, with a street.
Dwelling: A building or portion a building containing one or more dwelling units. The term "dwelling" does not include any recreational vehicle, motel, hotel, guest house, or boarding house as defined in this Code.
Dwelling Unit: One or more rooms designed for or used as a residence for not more than one family, constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. A dwelling unit may be occupied by a family by up to five unrelated individuals, or by persons with a disability or elderly persons living in a group home as defined in this ordinance. The term does not imply or include types of occupancy such as lodging or boarding house, club, sorority, fraternity, or hotel.
Easement: A grant by the landowner of the right to use the owner's land for specific purposes.
Enhancement: As used in Section 11-05-06.1, Boise River System Overlay Districts, improvement of natural resource functions and values beyond the minimum required for mitigation.
Erosion: The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water.
Essential Grading: The minimum amount of grading required to complete the project proposed and still provide safe access and development of building sites consistent with the concept of the development.
Family: A group of individuals related by blood, marriage, civil union, adoption, or guardianship functioning as a single and independent housekeeping unit or persons occupying a group home as defined in this ordinance.
Facade Modulation: Stepping back or extending forward a portion of a building facade.
Feedlot: A lot or parcel on which livestock are fed intensively in order to fatten them for market. Does not include short-term holding pens for auction facilities or meat packing establishments.
Fill: A deposit of earth material placed by mechanical means.
Floodplain: The lands within Boise City that are subject to flooding from the base flood (100-year flood).
Floodplain District: Collectively, the Floodway, Floodway Fringe, and Area of Shallow Flooding Districts.
Floodplain Regulations: The portion of this Code regulating developments that fall within the 100-year floodplain of the Boise River or the tributaries as described on the Flood Boundary and Floodway maps as provided by the Federal Emergency Management Agency and adopted by the city.
Floodplain Schematic: See Appendix 1/Diagram a, Stream Corridor Schematic.
Fraternal Hall: The social use of a building or of any premises by a nonprofit association, where such use is restricted to enrolled members and their guests.
Girdling: Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree.
Grading: Any excavation, filling, or movement of earth for purposes of changing the shape or topography of the land.
Grading, Limits to: The maximum extent of grading allowed on an individual lot or parcel. Includes but is not limited to height and depth of cut or fill or both, side slope, amount of excavated material, engineering requirements, area of disturbance, and location (when the lot is restricted by a building envelope).
Greenbelt, Boise River: Land within 70 feet of the 6500 c.f.s flow line of the Boise River that may be owned by the city or over which the city may have a right of possession or use and that
A. Is designated by the Council to be retained in perpetuity for public use for purposes compatible with the aesthetic, wildlife, educational, and recreational values of the Boise River;
B. Will provide unrestricted access to the river; and
C. Will be developed and used to minimize water pollution, provide continuity of the public parks system, and create a buffer where necessary between conflicting land uses.
Gulches, Foothills: Regulated gulches located in the foothills surrounding Boise City that are subject to flash flooding, where the Federal Emergency Management Agency or the Public Works Department have determined floodway and floodway fringe zones. Foothill gulches include, but are not limited to:
A. Seaman's Gulch,
B. Stuart Gulch,
C. Pierce Park Gulch,
D. Polecat Gulch,
E. Crane Creek,
F. Hulls Gulch,
G. Cottonwood Gulch, and
H. Warms Springs Gulch.
Gulch floodplains and associated alluvial fans (AO zones) are regulated under the floodplain regulations of this Code when specific flood studies or determinations have been approved by Boise City.
Head-to-Head Spacing: Placement of sprinkler heads such that one sprinkler head sprays to the next (spacing is 50 percent of the sprinkler's spray diameter.)
Hearing Examiner: A city official that may be appointed pursuant to the authority granted in the Local Planning Act, specifically Idaho Code Section 67-6520, to conduct public hearings on matters before the Planning and Zoning Commission and to report to the Planning and Zoning Commission with proposed findings of fact and conclusions of law, a proposed order, and such other information as the Planning and Zoning Commission may require.
Hearing, Legislative: A public hearing that does not involve a specific application, but rather is global in nature, including but not limited to hearings on amendments to, or enactments of, any code or enactment, revisions or amendments to the Boise City Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced below. However, recommendations from the review bodies will be strongly considered. Therefore, interested persons are encouraged to make their arguments before the reviewing body.
Hearings, Quasi-judicial: A public hearing in which the review body or Council hears or makes decisions on the development of a specific property, such as conditional use and variance applications. On such applications the review body acts as the final decision maker and the Council sits as an appeals body. Quasi-judicial hearings do not include amendments to or enactments of any code, or enactments or revisions or amendments to the Boise City Comprehensive Plan.
Helipad/Heliport: A level area or pad, either at ground level or on a roof-top, where helicopters land and take off.
Heritage Sites: Sites within the Foothills Planning Area with historic, geologic, or cultural value, including threatened or endangered species habitat, as listed in the publication Potential Public Preservation Sites, by the Boise City Heritage Preservation Committee, 1993, and other sites designated as historic by city, state, or federal agencies.
Hillside and Foothill Areas: Areas with topographical slopes of 15 percent or greater, or where adverse slope stability, erosion, or sedimentation are likely to cause damage.
Historic Institutional Use: As used in Section 11-05-02, Conservation Overlay Districts, any school (public or private), church or other place of religious worship, commercial service use, or office use within a conservation district that is significant to the history, architecture, or culture of the district.
Hive: A structure intended for the housing of a bee colony.
Horticulture: The activity of growing fruits, vegetables, flowers, or ornamental plants.
House, Apartment: Any building or portion of a building that is designed, built, rented, leased, let, or hired out to be occupied, or that is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, including flats and apartments.
Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. Surfaces may include, but are not limited to, compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots.
Infill Site: Any lot or parcel within developed areas of the city, where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools, and fire protection have already been developed and are provided. Annexed areas located on the periphery of the city limits shall not be considered as infill sites. An infill site may be vacant or occupied. Where "infill" status is used as a criterion for an entitlement or permit, redevelopment or improved utilization of occupied land shall be permitted provided that other applicable standards, policies, and objectives are met or supported.
Interstate: One of a system of highways connecting the major cities of the 48 contiguous United States. No direct access to a property is provided.
Kitchen: Any room or portion of a room within a building that is designed and intended to be used primarily for cooking or preparation of food.
Landscaping: Any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection and replacement of existing trees.
Loading Space, Off-street: An open, off-street, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers as the purpose is to avoid undue interference with public streets and alleys.
Lot: A tract or land that has been platted as a portion of a recorded subdivision and is intended as a unit for transfer of ownership or for development.
Lot, Corner: A lot that is bounded on two or more sides by streets; where the angle of intersection of the streets does not exceed 135 degrees.
Lot, Double Fronted: A lot other than a corner lot having frontage on 2 parallel or nearly parallel streets.
Lot, Flag or Key: A lot or parcel of land that includes a narrow projection or "flagpole" to the public right-of-way. The "flagpole" serves as a private or privately shared access to the buildable area of the lot or parcel and is not considered when calculating the lot area.
Lot, Frontage: That portion of a lot that abuts a public right- of-way or other access.
Lot, Interior: A lot other than a corner lot or reversed corner lot.
Lot Line: The boundary property line encompassing a lot.
Lot, Non-conforming: A lot of record that does not meet the dimensional requirements of this Code.
Lot, Reversed Corner: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
Lot Line, Front: The front lot line for a regular-shaped lot is the property boundary that abuts a public or private street; the front lot line for an undeveloped corner lot is either one of the property boundaries that abuts a public or private street, as selected by the property owner; the front lot line for a flag lot may be either:
A. The closest line, parallel or most nearly parallel to the public or private street at the end of the flagpole, or
B. A line perpendicular or nearly perpendicular to the public or private street at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of adjoining properties.
Lot Line, Rear: The boundary line of a lot that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line, the following shall apply:
A. In the case of a lot with a rear boundary formed by a single line that is parallel or nearly parallel to the front lot line, such rear boundary is the rear lot line.
B. In the case of a lot with a rear boundary formed by two or more lines, the rear lot line shall be a line at least ten feet in length within the lot that is furthest removed from and most parallel to the front lot line.
Lot Line, Side: Any property line that is not a front or rear lot line.
Lot of Record: A lot that has been recorded in the records of Ada County.
Lot of Record, Original: Any single recorded platted lot or parcel of land that was of record and a buildable lot or parcel before August 16, 1966, and that has not had subsequent boundary changes.
Lot of Record, Original Substandard: Any single recorded platted lot held in one ownership that was of record and a legal buildable lot or parcel before August 16, 1966, or at annexation, whichever occurred first, and that has not had subsequent boundary changes but that does not meet a minimum width of 50 feet and minimum area of 5,000 square feet for interior lots or minimum width of 70 feet and minimum area of 7,000 square feet for corner lots.
Main Channel: As used in Section 11-05-06.1, a portion of the Boise River that is not defined as a side channel. This includes lands and waters below the high water mark and the 6500 c.f.s. setback line, connection with the main channel of the Boise River and all islands claimed by the State of Idaho.
Maps, Zoning: The map or maps designating zoning districts.
Matched Precipitation Rates: Sprinklers that are designed to work together on the same irrigation valve to deliver an equivalent rate of water, regardless of the arc of the nozzle.
Mediator: As used in Section 11-03-03.11, Mediation, "mediator" means an attorney, land use consultant, or other professional person with experience in land use issues and mediation, retained by the City of Boise to conduct the mediation process.
Micro-pathway: A pathway providing access by way of a short travel link between points of destination. The length of a micro- pathway is generally less than 250 feet, or two lot depths. A micro-pathway may function alone or in conjunction with a pathway system such as the Boise River Greenbelt.
Minor Land Division: A Record of Survey for the division of a lot, tract or parcel of land into 2 to 4 parcels for the purpose of sale or building development that contains all elements required by this Code.
Mitigation: As used in Section 11-05-06.1, Boise River System Overlay Districts, measures to avoid impacts, minimize impacts, restore impacted areas, and compensate for impacts to a natural resource attributable to a proposed action.
Mitigation, Appropriate: Mitigation that avoids impacts to, minimizes impacts to, restores, or replaces the functions and values of a natural resource, and is consistent with the scope and degree of those impacts attributable to a proposed action.
Mitigation, Practical: Mitigation that is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
Mitigation Sequence: As used in Section 11-05-06.1, Boise River System Overlay Districts, a prescribed procedure for planning mitigation that requires negative impacts to a natural resource attributable to a proposed action to be mitigated.
Mobile Home, Rehabilitated: Any mobile home constructed prior to June 15, 1976 (the effective date of the National Manufactured Housing and Safety Standards Act of 1974), that are currently sited within Idaho or that may be brought into the state after July 1, 1998, that have been upgraded to comply with Chapter 25, Title 44, Idaho Code and received a "Certificate of Compliance" from the Division of Building Safety of the State of Idaho.
Modular Lotting: Narrow parcels of land, with a minimum width of 18 feet that can be built upon singly as an attached (row house) product, or combined to 36 feet or more for a single family detached product. Modular lotting has historically encouraged a mix of housing size and product types ranging from large single family homes to small attached townhomes.
Motor Vehicle Junked/Abandoned: Any automobile, truck, or other vehicle that is inoperable or in some obvious state of disrepair or abandonment. The following factors, among others, shall be considered individually in determining whether or not a vehicle is inoperable, junked, or abandoned:
A. The vehicle is currently inoperable. This shall include, but is not limited to the vehicle not having body parts to be in working condition; such as missing engine, transmission, tires, windshield, mirror, taillight, head light, or battery;
B. The vehicle has been parked for at least 30 days on property not owned or rented by the vehicle owner;
C. The vehicle has not been licensed or registered for at least 30 days; and
D. The vehicle has been parked for 30 days on property where the premises have been vacated.
Mulch: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds.
Natural Resources: As used in Section 11-05-06.1, Boise River System Overlay Districts, all of the plants, animals, and environmental and ecological processes that occur in aquatic, wetland, riparian, and upland environments associated with the Boise River.
Natural Resource Functions and Values: As used in Section 11-05-06.1, Boise River System Overlay Districts, environmental, ecological, recreational, historic, and cultural benefits attributable to natural resources that occur in aquatic, wetland, and riparian, and upland environments associated with the Boise River. They are further described in the Federal Highway Administration publication titled A Method for Wetland Functional Assessment and the US Army Corps of Engineers publication titled Wetland Evaluation Technique (WET) II.
Nonconforming Use: Any use, parcel or structure that was legally established but that is not in compliance with this Code due to a subsequent ordinance amendment, annexation, change of zoning, eminent domain or similar action as of [the effective date of this Code]
Non-residential Structure: A building other than a residential structure. The term includes but is not limited to buildings used for places of assembly, education, child care, business, maintenance, storage, manufacturing, government, hospitals, sanitariums, nursing homes, hotels, and motels.
Notice of Buildable Parcel: A recorded notice executed by the parcel owners and the Director evidencing compliance with the provisions of Section 11-09-01.2 creating public notice in the real property records of Ada County of the establishment of a buildable parcel with boundaries different from any underlying plat or other division of land.
Nucleus Colony: A smaller colony used for educational purposes, queen maintenance and rearing, or for use in the capture and future integration of a swarm into a viable colony. A nucleus colony is comprised of significantly fewer bees than a conventional colony and is contained in a structure that is approximately one-half the size of a normal hive.
Nuisance, Attractive: Any property condition, instrument, property structure, or machine that is unsafe, unprotected, and that presents a health or safety hazard to the general public, whether in a building, on the premises of a building, or on an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation that may prove hazardous or dangerous to inquisitive minors.
Nuisance, Public: The following shall be defined as a public nuisance. The owner or person in control shall maintain all property, premises, or rights-of-way in a nuisance-free manner.
A. Abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment, or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture not designed for outdoor use, household fixtures, machinery, equipment, cans, or containers standing or stored on property, sidewalks, alleys, and streets that can be viewed from a public street, walkway, alley, or other public property and are readily accessible from such places, or are stored on private property in violation of any other law or Code;
B. Discarded putrescibles, garbage, rubbish, refuse, or recyclable items that have not been recycled within 15 days of being deposited on the property;
C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) that could constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety;
D. Lumber (excluding lumber for the construction project on the property with a valid building permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 30 days and visible from a public street, walkway, alley, or other public property;
E. Receptacles for trash, discarded materials, and recyclables that are left in the front yard or on public rights-of-way on any day except the day of the regularly scheduled refuse pick-up for the property;
F. Swimming pool, pond, spa, other body of water, or excavation that is abandoned, unattended, unsanitary, empty, that is not securely fenced, or that poses a threat to be detrimental to human life, health, or safety; and
G. Weeds, grasses or other vegetation which (1) cover 50 percent or more of any lot or yard; (2) average 12 inches or more in height; and, (3) could become a fire hazard.
H. Trees, shrubs or other vegetation blocking public rights-of-way or clear vision triangles lower than a height of 8 feet above the rights-of- way or clear vision triangle.
One and One-Half Story Structure: A structure that does not exceed 18-feet in height to the midline of the roof. The structure also provides the second story within a basement that is sunk into the ground a minimum of 4-feet or is located within a pitched roofline located within a front gable, the exterior second floor wall height shall not exceed 2-feet 6-inches in height and contains a maximum of one dormer on each side of the structure that does not exceed 8-feet in width.
Occupancy Permit: The approval to occupy a building that is granted after zoning and building requirements and conditions of approval, if any, have been met or bonded for.
One-hundred Year Flood: The flood having a one percent chance of being equaled or exceeded in any given year, and is synonymous with "Base Flood."
Open Space: An open area for a visual amenity, passive recreation, or active recreation.
Open Space, Eligible: An area of one acre or greater in size with a slope of 25 percent or less and a minimum average width of 30 feet, that is set aside as preserved open space in return for an increase in density on other buildable areas of the site, according to the density bonus formula. Other open space areas that do not meet these criteria may also be counted as open space eligible for the density bonus if they meet the criteria established in 11-07-09.4.B for priority open space and are approved by the Planning and Zoning Commission.
Open Space, Preserved: Land dedicated on the plat and defined in the conditional use permit for the very limited uses of undeveloped natural open space, wildlife habitat, and recreational uses, and applied toward the granting of a density bonus based upon such open space preservation. Preserved open space may be either public or private, or any combination of the two, and shall be permanent.
Open Space, Priority: Unique lands that exhibit at least four of the 12 characteristics or factors listed in Section 11-07-09.4.D(3)(a). These lands may not meet the size, slope, or dimensional criteria for eligible open space, but may still be allowed to be set aside as preserved open space for purposes of the granting of a density bonus. The type, location, and amount of priority open space eligible for a density bonus is to be determined by the Planning and Zoning Commission based upon how many of the priority open space factors they exhibit, as well as upon a demonstration that the public value of the open space will be enhanced by such allowance.
Open Space, Private: An open area for passive or active recreation developed, designated, and protected for the benefit and private use of the employees or residents within a planned development or residential development.
Ordinary High Water Mark: The Ordinary High Water Mark (OHWM) is the line that the water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. The location of the OHWM is determined on-site by the Idaho Department of Lands for purposes of determining land ownership only.
Organic Matter: Plant materials including: leaves, grass, brush, weeds, tree or shrub trimmings, garden debris, and vegetative kitchen garbage.
Original Tract: A lot, parcel, or tract in existence prior to or on October 30, 1965, without subsequent change of boundaries or size. Conveyance of an external portion of the original tract for public right-of-way to a governmental entity such as the Idaho Transportation Department or Ada County Highway District subsequent to October 30, 1965, does not constitute a change of boundaries or sizes for purposes of a determination of original tract status.
Owner: The fee owner of the real property subject to this regulation. The owner may assign, in writing, application submittal and subdivision development authority to an applicant who is not the owner. To the extent an owner is applying for subdivision of property in its own name, such owner shall be the "applicant" for purposes of this Code.
Parcel: A lot or tract of land. Parcels are generally described by a metes and bounds legal description or references to quadrangular survey measurements utilizing sections, townships and ranges, or government lots.
Parcel, Landlocked: A tract of land that does not abut a public or private street.
Park and Ride Facilities: Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
Partial Two-Story Structure: A structure that limits the second story floor plate to reduce the height, bulk and massing of the structure. This can be achieved by increasing the second story setbacks by a minimum of 3-feet beyond the minimum front, side and rear setbacks required by the zone. It may also contain the second story within a pitched roofline located within a front gable and the building height is a maximum of 18-feet to the midline of the roof that has an exterior second floor wall height no greater than 2-feet six-inches in height and a maximum of two dormers with a maximum width of 8-feet located on each side of the structure. It may also contain the second story within a pitched roofline within a side gable and the building height is a maximum of 25-feet to the peak of the roof and 18-feet to the midline of the roof with any dormers on the front or rear of the structure no greater than 10-feet in width.
Example of setbacks increased by a minimum of three feet
Parking Court: A clustered parking area located off the main roadway and near the building that it serves and designed to preclude cut-through vehicular travel except for by emergency vehicles.
Parking, Covered: A carport that provides full overhead protection from the elements with ordinary roof coverings.
Parking Lot Replacement: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds.
Parking, On-site: Any required parking space that is located on the same site as the principle use that the parking is intended to serve.
Parking Space: A usable space for the storage of one passenger automobile or commercial vehicle, exclusive of access drives, aisles, or ramps, within a public or private parking area or a building that meets the parking standards of this Code.
Parking Space, Tandem: A parking space designed to accommodate two vehicles parked in tandem (one behind the other) that meets all the parking space dimensional standards as outlined in Section 11-07-03.4.A, Dimensional Standards.
Parkway: A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic.
Parties of Record: The applicant, property owner, Planning Director, and those who testified orally or in writing at the lower hearing.
Parties to the Appeal: The appellant(s), the applicant, and the property owner.
Paths, Bicycle and Pedestrian: Specifically refers to paved bicycle paths or unpaved pedestrian paths built within the Boise River System Management District. Paved bicycle paths shall meet the requirements of the Bicycle/Pedestrian Design Manual for Ada County (1978) and other appropriate and relative design manuals.
Pathway: Any sidewalk, route, lane, path, corridor, open space, or trail designated to move people by non-motorized means for transportation or recreation, including micro-pathways.
Participating Parties: As used in Section 11-03-03.11, Mediation, and "participating parties" means those individuals who have agreed or have been directed to participate in the mediation process, including the applicant and affected persons.
Person: A natural person, heirs, executors, administrators, or assigns - including a firm, partnership, or corporation - its or their successors or assigns, or the agent of any of the aforesaid.
Petitioner(s): As used in Section 11-03-03.11, Mediation, "petitioner(s)" means the person or persons who submit the request for mediation to the City of Boise. This may be the Planning and Zoning Commission, Council, applicant, or other affected person.
Planned Unit Development (PUD): A use or a combination of uses planned for a tract of land to be developed as a unit under single ownership or control and that may include two or more principal buildings.
Plat, Preliminary: A preliminary plan of a proposed subdivision or condominium that contains all elements required by this Code and provides sufficient information to allow for public review and evaluation.
Plat, Final: The plat map of a subdivision, cemetery, condominium, or a replatting of such, prepared by a State of Idaho licensed land surveyor for filing and recording by the County Recorder and containing those elements required by this Code, including certification, descriptions, and final approvals. A final plat, upon its being filed and recorded by the County Recorder, shall be known as an authorized plat.
Plot Plan: A "to scale" drawing of a lot or lots showing the actual measurements, the size and location of any existing building(s) to be erected, the location of the lot in relation to abutting streets, use and development of the land, and other such information. "Site plan" is a term that is often used interchangeably with plot plan.
Pressurized Irrigation Systems for Individual Lots: A pressurized water distribution system that distributes non-potable water to individual lots for irrigation purposes. Typical sources of water include non-treated Boise River water, canal water, irrigation return water or well water.
Principal Dwelling: The primary building designed and used for human habitation on a property.
Principal Use: The main use of land or buildings, as distinguished from a subordinate or accessory use.
Project Engineer: Professional engineer registered in the State of Idaho retained by the developer to supervise a specific development or phase of a development.
Public Pathway: A public path used by walkers or bicyclists.
Quasi-public Use: A use that is essentially public, although it is under private ownership or control.
Quorum: A majority of the authorized members of a board or commission.
Recreational Vehicle (RV): A portable vehicle or structure used primarily for recreation, hobbies, vacations, extended travel, camping, sports, and aquatic use. An RV may be self-propelled, towed, or transported by trailer. Includes, but is not limited to, motor homes, converted buses, camping, and travel trailers, light-duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers, and off-street vehicles such as snowmobiles, dune buggies, all-terrain vehicles, and any type of three or four-wheeled sport racing or drag vehicle.
Regulatory Taking: A regulatory or administrative action resulting in deprivation of private property that is subject of such action, whether such deprivation is total or partial, permanent, or temporary, in violation of the state or federal constitution.
Repair: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any other change in a structure such as would be required by additions to or remodeling of such structure.
Residential Floor Area: Amount of all livable space including basements and bonus rooms.
Residential Structure: A building used as a dwelling for one or more persons. The term includes, but is not limited to houses, mobile homes, apartment buildings, lodging homes, and dormitories. The term also includes accessory use areas that are used in conjunction with and form an integral part of a residential structure.
Re-striping (Parking Lot): Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles.
Revegetate: To replant an area with vegetation (e.g., trees, shrubs, or grasses).
Review Body: The Planning and Zoning Commission, the Historic Preservation Commission, the Hearing Examiner, or the Design Review Committee, when designated to review the application.
Riparian Area: Relating to or living or located on the bank of a natural water course as a stream or river; or the stream corridor consisting of riparian vegetation, stream carved topography, and features that define a continuous corridor on either side of a stream or pond; or all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal, or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds, and lakes and their margins.
Riparian Community: All plant and animal species within a given riparian area.
Riparian Habitat: A riparian area where a plant or animal lives; the sum total of environmental conditions in the area. It may also refer to the place occupied by an entire community of plants or animals.
Roof: The outside top covering of a building or structure.
Roof, Flat: A roof that is not pitched and the surface of which is parallel to the ground.
Roof, Gable: A ridged roof forming a gable at both ends of the building or structure.
Roof, Gambrel: A ridged roof with two or more slopes on each of two sides and forming a gable at both ends of the building or structure.
Roof, Hip: A roof with sloping ends and sides.
Roof, Mansard: A roof with two slopes on each of four sides, the lower slope being steeper than the upper slope.
Roof, Shed: A roof with one slope.
Service Drive: A privately owned and maintained drive that provides access to parking lots and spaces, loading spaces, drive-up windows, or other areas that need a provision of access. Types of service drives include: individual private driveways, common driveways, entry drives, drive-through lanes, and parking aisles.
Setback: The space on a lot or parcel that is required to be left open and unoccupied by buildings or structures, either by the requirements of this Code or by delineation on a recorded subdivision map.
Sewer Entity: The public agency having the jurisdictional responsibility for providing sanitary sewer service.
Sexually Oriented Business Employee: Any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated as an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
Sexual Encounter Premises: A premises other than a hotel, motel, or similar premises offering public accommodations, that, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include a premise where an Idaho licensed medical practitioner, psychologist, psychiatrist, or similar professional person engages in medical or sexual therapy.
Shared Reserve Areas: Are those areas on a given lot on which the animals on neighboring lots are allowed, on a weekly or more frequent basis, to occupy for grazing or other activities.
Side Channel: A stream or watercourse, either natural or manmade, that generally flows from or into the Boise River. This includes waterways developed as amenities in residential or commercial developments.
Sign: Any display or device consisting of attached or painted letters, symbols, or designs, and including any moving parts, lighting, sound equipment, framework, background material, or structural support, that display or device is intended to communicate business identification, an advertisement, announcement, direction, or other message or attract, distract, hold, direct, or focus public attention. The term shall not include commodities and their attached labels and price tags.
Site Plan: See Plot Plan.
Slope Protection Area: A non-buildable area with a slope greater than 25 percent that does not qualify as buildable area for the density bonus within either a development pocket or preserved open space, and is designated as such on the conditional use site plan and the subdivision plat.
Special Exception: A special approval granted by the Council for a use that is not identified as an allowed or conditional use within the zoning district subject to conditions set forth in this Code.
Specified Anatomical Areas: Any of the following parts of the human body with less than full opaque coverings: the human genitals, anus, cleft of the buttocks, or the female breast.
Specified Sexual Activities: Shall mean and include any of the following whether actual or simulated:
A. The fondling or other erotic touching of any specified anatomical areas;
B. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain;
C. Sexual intercourse, masturbation, sodomy, oral copulation, coitus, ejaculation;
D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above;
E. Erotic or lewd touching, fondling, or other contact with an animal by a human;
F. The exposure of display of human genitals in a state of sexual stimulation, arousal, or tumescence; or
G. Erotic dancing or rhythmic movements with a device, instrument, object, or pole.
Under no circumstance shall the issuance of conditional use permit be considered an affirmative defense or consent by the City of Boise for any activity that is prohibited by federal or state law, or any other prohibition not a part of this section of the Boise City Code.
Stable, Private: A detached accessory building or structure for the keeping of one or more horses or cows that is owned and used by the occupant of the premises and not for remuneration, hire, or sale.
Stable, Riding: A building or structure used or designed for the boarding or care of riding horses.
Street: The public right-of-way or private property and related improvements that provides vehicular and pedestrian access to adjacent properties. The term "street" also includes the terms highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place, and other such terms.
Street, Arterial: Any street as designated by the ACHD, whether existing or proposed, with a primary purpose of carrying through traffic and designed with limited access to abutting property. Direct lot access is restricted.
Street, Collector: Any street, as designated by the ACHD, existing or proposed, with a primary purpose and design to intercept traffic from the local street system and carry it to the nearest arterial street, while provided limited access to abutting property. Direct lot access is restricted.
Street, Frontage: A minor street, parallel to and adjacent to an arterial street, that has the primary purpose of providing access to abutting properties.
Street Frontage: Distance measured along the property line that fronts upon a street or alley. To constitute frontage, the subject street or alley must provide access to abutting properties.
Street, Gateway: Streets within Boise City as listed below:
A. Broadway Avenue, from I-84 to Warm Springs Avenue,
B. Capitol Boulevard,
C. Federal Way, from Capitol Boulevard to Bergeson Street,
D. Front Street,
E. Myrtle Street,
F. Parkcenter Boulevard,
G. State Street, from the State Capitol to State Highway 55,
H. Vista Avenue, from I-84 to Capitol Boulevard, and
I. Warm Springs Avenue.
Street, Local: Any public street, other than an arterial or collector, designed to provide access to abutting property and principally serves local traffic.
Street, Private: A street approved by the Council in conformance with the subdivision regulations of this Code that provides both access and street frontage for individual lots. Private streets are owned and maintained by private individual(s) or entities. Governmental entities do not own nor maintain private streets.
Street, Public: A right-of-way that provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the ACHD. The term "street" includes also the terms highway, thoroughfare, parkway, road, avenue, boulevard, place, and other such terms.
Street Vista: The view, framed by buildings, at the termination of the axis of a thoroughfare.
Structure: Anything constructed or erected, except a fence, that requires location on the ground or is attached to something having location on the ground including, but not limited to, buildings, platforms, frame work, antennas, portable carport or cover, prefabricated metal, or plastic sheds and tents.
Subdivision: The division of a lot, tract, or parcel of land into two or more lots for the purpose of transfer of ownership or for the construction of improvements thereon, whether immediate or future, including dedication of streets.
Surveyor: A person authorized by the State of Idaho to practice the profession of land surveying.
Theater, Adult: See Adult Motion Picture Theater.
Topping: "Rounding" or any other term that can be described as severe cutting back of limbs within a tree crown to buds, stubs or laterals not large enough to assume a terminal role or as defined in ANSI A300. Other common terms for topping include stubbing, heading, heading-back, stubbing off, tipping, lopping or roundover.
Townhouse: An attached single family dwelling unit located on a platted lot and for which the individual owner may acquire title to the unit and lot. An estate consisting of a fee simple interest in the structure and specific identified land. A townhouse may have an undivided common interest in the common areas including but not limited to sidewalks, open spaces, and recreational facilities and private drives.
Tract: A generic term for an area of land that does not denote a specific condition. Used when speaking of both platted lots and unplatted parcels.
Trailer, Travel: A vehicular portable structure designed as temporary living quarters for travel, recreational, and vacation uses.
Triangular Spacing: Placement of sprinkler heads in an equilateral triangular pattern. The distance between heads in each row must be head-to head spacing as per the definition in this section.
Tributary: A stream or watercourse, excluding manmade waterways exclusively used for irrigation, that flows into the Boise River that flows for all or a portion of the year.
Undisturbed Land: Land whose topography has not been changed by acts of man.
Upland Areas: Areas within the floodplain that are not defined by the Code as wetlands or riparian areas. See also Natural Resource Functions and Values.
Urban Farm: Land used to grow plants and harvest food or ornamental crops for educational purposes, donation, and use by those cultivating the land, or for sale locally. Gardens that are accessory to a home are not considered urban farms.
Utilities: Water, sewage, gas, telephone, cable television, pressure irrigation, electricity, and similar facilities normally providing individual customer service to a building site.
Utility, Public: Any person, company or municipal department that is duly authorized to furnish to the public under public regulations electricity, gas, steam, telephone, transportation, or water.
Use: The purpose for which land or a building thereon is designed, arranged, or intended or for which it is occupied, maintained, or leased.
Variances: A modification of the requirements of this Code as to lot size, lot coverage, lot width, street frontage, setback requirements, parking requirements, loading requirements, or other code provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
Vehicle, Commercial: A vehicle or trailer with a gross vehicle weight of over 8,000 pounds and designed for commercial use, construction equipment; any standard type vehicle with commercial or industrial attachments or modifications including but not limited to lifts, tanks, spray equipment, cranes, and extension platforms utilized for commercial use or constructive equipment.
Wetland: An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances supports a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include saturated swamps, marshes, bogs, and similar areas.
Wetland, Emergent: Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses, and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. Other common names are "marsh" and "slough."
Wetland, Forested: Wetland areas characterized by wood vegetation over 20 feet tall and possessing an overstory of trees, an understory of young trees or shrubs, and an herbaceous layer.
Wetland, Riparian Functions and Values: As used in Section 11-05-06.1, Boise River System Overlay Districts, includes water quality protection and improvement, habitat for fisheries and wildlife, nutrient retention and removal, channel stability, food chain support, flood storage,and desynchronization, groundwater recharge and discharge, active, and passive recreation, aesthetics, and cultural resources. See also, Natural Resource Functions and Values.
Wetland, Scrub-shrub: Wetland areas that are dominated by woody vegetation less than 20 feet tall. The species include true shrubs, young trees, and trees, and shrubs that are stunted because of environmental conditions. Includes types such as alder, willows, dogwood, and red maple.
Wet-line Sewer: An operating public sewer capable of serving a structure immediately upon connection.
Wireless Communications: Wireless communications shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 that includes Federal Communications Commission licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.
Wireless Communication Facility (WCF): An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. WCF's are composed of two or more of the following components:
A. Antenna,
B. Support structure,
C. Equipment enclosure, and/or
D. Security barrier.
Wireless Communication Facility, Attached (Attached WCF): An antenna array that is attached to an existing building or structure (attachment structure) with any accompanying pole or device (attachment device) that attaches the antenna array to the existing building or structure, transmission cables, and an equipment facility that may be located either inside or outside of the attachment structure. Such structures shall include, but are not limited to, utility poles, signs, and water towers.
Yard: An open space on the same lot with a principal building or group of buildings, that is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Code, and that extends along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located.
Yard Sale: The on-premise sale of new or used household or related goods from a residential lot; also known as a garage sale or rummage sale. The duration of yard sales shall not exceed 72 hours. A maximum of two such sales shall be permitted from any one residence within the same calendar year.
Zero Lot Line Development: Single family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line or attached sidewalls on a property line.
Zoning Certificate: A notation attached to a building permit, occupancy permit, or business license or that is issued separately by the city, certifying that the building, structure, use, or occupancy specified is in compliance with relevant zoning regulations and approvals.