1. Purpose: The purpose of this Chapter 11-03 is to identify the land uses allowed in the City's zoning districts, indicate what type of approval of the use is required, and establish standards for those uses that mitigate potential impacts and support the unique characteristics of the use in that location.
2. Organization of the Table:
A. In Table 11-03.1: Table of Allowed Uses, land uses and activities are classified into general "use categories" and specific "uses" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This provides a systematic basis for assigning present and future land uses into appropriate zoning districts and for avoiding overlaps and inconsistencies between similar land uses.
B. The left-hand column of Table 11-03.1: Table of Allowed Uses lists all use categories and uses available in the city. Columns in the center of the table correspond to each base zoning district in the city and indicate whether the use is allowed in that district. The right-hand column indicates whether Use-Specific Standards apply to that use in some or all of the zoning districts in which it is allowed.
3. Abbreviations Used in the Table:
A. Allowed Uses: An "A" in a cell indicates that the use is allowed by right and is not subject to Use-Specific Standards or other special conditions other than those imposed upon other uses by right in the district. Allowed uses are subject to all other applicable regulations of this Code. Allowed uses are generally reviewed through a Type 1 or Type 2 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
B. Allowed Subject to Use-Specific Standards: An "A*" in a cell indicates that the use is allowed by right, subject to administrative review to verify compliance with Use-Specific Standards. Use-Specific Standards are noted through a cross-reference in the last column of the table, and the cross-referenced content appears in Section 11-03-03, Use-Specific Standards. Uses that are allowed subject to Use-Specific Standards are generally reviewed through a Type 2 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
C. Conditional Uses: A "C" or "C*"in a cell indicates that the use is allowed in that zoning district only if reviewed and approved as described in Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Expansion. Conditional uses are subject to all other applicable regulations of this Code, including the Use-Specific Standards in this Chapter and the requirements of Chapter 11-04, Development and Design Standards. The "C" designation does not suggest or require that the use will be approved in that district. Rather, each Conditional Use Permit application is evaluated as to its potential to have a positive effect on adjacent properties and surrounding areas, among other factors, and may be approved, approved with conditions, or denied based on the findings of the decision-making body. Conditional uses are generally reviewed through a Type 3 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
D. A/C Uses: An "A/C" or "A*/C*" in a cell indicates that the use is allowed in that zoning district under some circumstances or in some locations, but requires approval as described in Section 11-05-05.3.C, Conditional Use Permit - Initial Approval or Major Expansion under other circumstances or in other locations. The Use-Specific Standards cross-referenced in the right-hand column clarify those cases in which a Conditional Use Permit is required. These uses are generally reviewed through a Type 2 or Type 3 process, as shown in Section 11-05-04.2, Four Paths for Review and Approval.
E. Prohibited Uses: A blank cell indicates that the use is prohibited in that zoning district.
F. Symbols:
(1) An "*" symbol next to an abbreviation indicates that the use shall comply with Use-Specific Standards. Use-Specific Standards are noted through a cross-reference in the last column of the table, and the cross-referenced content appears in Section 11-03-03, Use-Specific Standards.
(2) A "+" symbol next to an abbreviation indicates that there are incentives available for that use within that zoning district, or that the use is only allowed if available incentives are used. Incentives are cross-referenced in Section 11-03-03, Use-Specific Standards, and the cross-referenced content appears in Section 11-04-03.7, Incentives.
4. Use For Other Purposes Prohibited:
A. Approval of a use listed in Table 11-03.1: Table of Allowed Uses, and compliance with the applicable Use-Specific Standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 11-03.1: Table of Allowed Uses and approved pursuant to this Code is prohibited.
B. Any use allowed as a principal use in a zoning district is allowed as an accessory use to an allowed or approved conditional use in that zoning district.
5. Multiple Uses:
A. A lot or parcel in a Residential zoning district may include only one principal use but may also include any accessory or temporary uses as shown in Table 11-03.1: Table of Allowed Uses, provided that a Conditional Use Permit is obtained for any conditional accessory use, and that all Use-Specific Standards applicable to each use are met.
B. A lot or parcel in a Mixed-Use, Industrial, or Open Land zoning district may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either an allowed use or a conditional use in that zoning district, that a Conditional Use Permit is obtained for any conditional use, and that all Use-Specific Standards applicable to each use are met.
6. Previously Allowed Uses: Each use that exists on the Effective Date that is required by this Code to obtain a Conditional Use Permit, but that was a not required to obtain a Conditional Use Permit under the regulations in effect before the Effective Date, is deemed to have a Conditional Use Permit to continue operations as they existed on the Effective Date or as authorized by any approval or permit issued by the City for that property and use before the Effective Date.
7. Classification of New and Unlisted Uses:
A. To provide for new types of land uses not listed in Table 11-03.1: Table of Allowed Uses, a determination as to the appropriate classification of any new or unlisted form of land use shall be made by the Planning Director. When an application is made for a use category or use that is not specifically listed in Table 11-03.1: Table of Allowed Uses, the Planning Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Planning Director shall consider its potential land use impacts, including but not limited to:
(1) The nature of the use and whether it involves a dwelling unit;
(2) Sales;
(3) Processing;
(4) Type of product, storage, and amount;
(5) Enclosed or open storage;
(6) Anticipated employment;
(7) Transportation requirements;
(8) Hours of operation;
(9) Intensity of the proposed use;
(10) The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and
(11) General requirements for public utilities such as water and sanitary sewers.
B. If the Planning Director determines that the proposed use should not be included in any existing zoning classification, based on the factors listed in Subsection A., the use shall not be conducted in the city unless and until City Council amends this Code to define the use and to indicate in which zoning districts, and under what conditions, it should be allowed.
8. All Licenses and Permits Required:
A. All uses required by any unit of local, state, or federal government to have an approval, license, or permit to operate are required to have that local, state, or federal approval, license, or permit in effect at all times, and failure to do so is a violation of this Code.
B. All uses subject to the operational standards of a local, state, or federal government agency, including without limitation the regulations contained in the Boise City Code and regulations of the Idaho Department of Health and Welfare, shall operate in compliance with those standards and regulations at all times, and failure to do so is a violation of this Code.
9. Industrial and Heavy Commercial Uses: All allowed uses that generate, use, treat, store, or dispose of hazardous substances (as set forth in Title 40, Code of Federal Regulations, Parts 116.4, 261.30 et seq., 302.4 and/or 355), shall require a Conditional Use Permit. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)