11-03-01: GENERAL:

   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)

11-03-02: TABLE OF ALLOWED USES:

Table 11-03.1: Table of Allowed Uses lists the uses allowed within all base zoning districts. Each of the listed uses is defined in Chapter 11-06, Definitions.

TABLE 11-03.1: TABLE OF ALLOWED USES A = ALLOWED USE   C = CONDITIONAL USE * = USE-SPECIFIC STANDARDS APPLY      + = INCENTIVES IN 11-04-03.7.D (1)-(6) ARE AVAILABLE (A+) = ALLOWED USE ONLY WITH INCENTIVES IN 11-04-03.7.D (1)-(6) ADDITIONAL ADAPTIVE REUSE INCENTIVES IN 11-04-03.7.D(6) ARE AVAILABLE A*/C* = CONDITIONAL USE PERMIT MAY BE REQUIRED IN SOME CIRCUMSTANCES PER USE-SPECIFIC STANDARDS SEE Chapter 11-02 FOR ADDITIONAL USE-SPECIFIC FORM STANDARDS

ZONING DISTRICT

R-1A

R-1B

R-1C

R-2

R-3

MX-1

MX-2

MX-3

MX-4

MX-5

MX-U

MX-H

I-1

I-2

I-3

A-1

A-2

USE- SPECIFIC STANDARDS

RESIDENTIAL USES

Household Living

Accessory Dwelling Unit

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .2.B

Caretaker's Residence

A

A

A

Dwelling, Single-Family Detached

A*

A*

A*

A*

A*

A

A

11-03-03 .2.A 11-03-03 .2.C

Dwelling, Cottage Village

A*+

A*+

A*

A*

A*

11-03-03 .2.D

Dwelling, Single-Family Attached

(A)*+

A*+

A*

A*

A*

A*

A*

11-03-03 .2.A 11-03-03 .2.E

Dwelling, Live/Work

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .2.F

Dwelling, Duplex

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .2.A 11-03-03 .2.G

Dwelling, Triplex or Fourplex

(A+)*

(A+)*

(A+)*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .2.A 11-03-03 .2.G

Dwelling, Multiple- Family

(A+)*

(A+)*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*+/ C*

A*+/ C*

A*/ C*

A*

A*

11-03-03 .2.A 11-03-03 .2.H

Group Home, FHAA Small

A*

A*

A*

A*

A*

A*

A*

A*

A*

C*

A*

11-03-03 .2.I

Group Home, FHAA Large

A*

A*

A*

A*

A*

A*

C*

A*

11-03-03 .2.I

Livestock and Animals, Accessory

A*

A*

A*

A*

A*

A*

A*

11-03-03 .1.B 11-03-03 .2.J

Manufactured Home

A*

A*

A*

A*

A*

A*

A

11-03-03 .2.K

Manufactured Home Community

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C

11-03-03 .2.L

Group Living

Assisted Living Facility

C*

C*

A*

A*

A*

A*

A*

11-03-03 .2.M

Boarding House

A

A

A

A

A

A

A

A

Continuing Care Retirement Facility

C*

C*

A*

A*

A*

A*

A*

A*

11-03-03 .2.M

Convalescent or Nursing Home

C*

C*

A*

A*

A*

A*

A*

C*

A

11-03-03 .2.M

Dwelling, Co-Housing

C*

C*

C*

C*

C*

C*

C*

C*

A*

11-03-03 .2.N

Fraternity or Sorority House

C*

C*

C*

11-03-03 .2.M

Recovery Residences

C*

C*

C*

C*

C*

C*

C*

11-03-03 .2.M

Residential Home Occupations

Home Occupation, Child or Adult Daycare

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .1.B 11-03-03 .2.O

Home Occupation, Other

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .1.B 11-03-03 .2.P

Public, Institutional and Civic Uses

Adult or Child Day Care

Adult or Child Day Care Facility

C*

C*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .3.A

Adult or Child Day Care Center, Small

C*

C*

C*

C*

A*

A*

A*

A*

A*

A*

A*

A*

C*

11-03-03 .3.A

Adult or Child Day Care Center, Large

C*

C*

C*

C*

C*

A*

A*

A*

A*

A*

A*

A*

C*

11-03-03 .3.A

Community and Cultural Facilities

Art Gallery, Museum, or Library

C

C

C

A

A

A

A

A

A

C

Cemetery

C*

C*

11-03-03 .3.B

Community Center

C

C

A

A

A

A

A

A

A

A

C

C

Fire or Police Facility

C

C

C

C

C

A

A

A

A

A

A

A

A

A

C

C

Food Kitchen

A

A

C

C

A

Forest Reserve or Recreation Area

A

A

A

Jail or Detention Facility

C*

C*

C*

C*

11-03-03 .3.C

Mortuary or Mausoleum

C*

C*

A

A

A

A

A

A

11-03-03 .3.B

Park or Playground

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Religious Institution

C

C

C

C

C

C

A

A

A

A

A

C

Uses Related to and Operated by a Religious Institution

C

C

C

C

C

C

Shelter Home

C

C

C

C

Education and Health

Hospital

C

A

A

A

A

C

A

College or Other Institution of Higher Education

A

A

A

A

A

A

11-03-03 .3.D

School

C*

C*

C*

C*

C*

A*

A*

A*

A*

A*

C*

C*

C

11-03-03 .3.E

Trade or Vocational School

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

C*

C*

11-03-03 .3.F

Transportation

Aircraft Landing Field

C

C

C

Park and Ride Facility

A

A

A

A

A

A

A

A

A

A

Transit Facility

A

A

A

A

A

A

A

A

A

A

Transit Terminal

C

A

A

A

A

A

A

A

Commercial Uses

Agricultural and Animals

Agricultural Uses or Stables

A

C

A

Animal Daycare or Kennel

A*

C*

A*

A*

A*

A*

A*

A*

11-03-03 .4.A

Animal Hospital or Clinic

A

C

A

A

A

A

A

A

C

Beekeeping, Accessory

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

11-03-03 .1.B 11-03-03 .4.B

Commercial Feedlot

C

C

Slaughterhouse, Rendering Plant

C

C

Urban Farm

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.C

Communication Facilities

Attached Wireless Communication Facility

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A

A

A

A

A

11-03-03 .4.D

Freestanding Wireless Communication Facility - Monopole/Structure Base Height of Zoning District

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.D

Freestanding Wireless Communication Facility - Monopole/Structure > Base Height of Zoning District

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

11-03-03 .4.D

Other Communication Towers

C

C

C

C

C

C

C

C

C

C

C

C

C

Food and Beverage Service

Brewpub, Micro-Distillery, or Micro-Winery

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.E

Food Truck, Accessory

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .1.B 11-03-03 .4.F

Food Truck Court

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.G

Neighborhood Café

A*/ C*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.H

Restaurant

A

A

A

A

A

A

A

C

Sidewalk Café, Accessory

A*

A*

A*

A*

A*

A*

A*

Tavern or Lounge

A

A

A

A

A

C

A

Lodging

Bed and Breakfast

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03 .4.I

Hotel or Motel

C

A

A

A

A

C

C

Recreation Vehicle Park

C*

11-03-03.4.J

Office, Personal and Business Service

Financial Institution

A*

A

A

A

A

A

11-03-03.4.K

Medical or Dental Clinic

A*

A

A

A

A

A

A

A

A

11-03-03.4.K

Office

A*

A

A

A

A

A

A

C

C*

C*

A

11-03-03.4.L

Personal and Business Service

A*

A

A

A

A

A

A

A

11-03-03.4.K

Recreation and Entertainment

Auditorium or Theater, Indoor

C

C

C

A

A

A

Club, Lodge, or Social Hall

C

A

A

A

A

A

Conference or Event Center

C

A

A

A

A

A

Firing Range, Indoor

C*

C*

C*

C*

11-03-03.4.M

Golf Course

A

C

C

C

C

A

C

Recreation, Indoor

A

C

C

C

C

A

A

A

A

A

A

A

C

Recreation, Outdoor

A

C

C

C

C

C

C

C

C

C

A

C

Retail

Building Materials

C

A

A

Retail Sales, Neighborhood <2,000 SF

A*/ C*

A*

A*

A

11-03-03.4.N

Retail Sales, Small <5,000 SF

A*

A

A*

A*

A*

A

A

11-03-03.4.O

Retail Sales, Medium 5,001 SF to 10,000 SF

A

A*

A*

A*

A

11-03-03.4.O

Retail Sales, Large 10,001 SF to 60,000 SF

A

A*

A*

A*

C

11-03-03.4.O

Retail Sales, Big Box > 60,000 SF

C

C

C

C

Sexually Oriented Business

Sexually Oriented Business

C*

C*

C*

C*

C*

C*

11-03-03.4.P

Vehicles and Equipment

Drive-Through Facility

A*

A*

A*

A*

C*

11-03-03.1.B 11-03-03.4.Q

Electric Vehicle Charging Facility

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03.1.B 11-03-03.4.R

Parking Garage as Principal Use

C*

C*

C*

C*

A*

A*

C*

A*

See Sections 11-04-06 and 11-04-08

Parking Lot as Principal Use

A*

C*

A*

See Sections 11-04-06 and 11-04-08

Service Station

C*

A*

C*

A*

A*

A*

11-03-03.4.S

Vehicle Fleet Operations Center

A

A

A

Vehicle Repair, Major

A*

C*

A*

A*

A*

11-03-03.4.T

Vehicle Repair, Minor

C*

A*

A*

A*

A*

A*

A*

11-03-03.4.T

Vehicle Sales, Rental, and Leasing, Light

C*

C*

A

11-03-03.4.U

Vehicle and Equipment Sales, Rental, and Leasing, Heavy

C*

A

11-03-03.4.U

Vehicle Wash

C

A

A

A

C

Industrial Uses

Manufacturing and Processing

Contractor Shop and Yard

C

A

A

A

Industry, Artisan

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03.5.A

Industry, Light

C

A*/ C*

C*

A

11-03-03.5.B

Industry, Heavy

C*

A*/ C*

A

11-03-03.5.B

Mining and Extraction

C*

C*

C*

C*

11-03-03.5.C

Storage, Wholesale, and Warehousing

Bulk Storage of Flammable or Dangerous Materials

C

A

Fulfillment Center

A*/ C*

Outdoor Storage

C*

A*

A*

A*

11-03-03.5.D

Outdoor Storage, Accessory

A*

A*

A*

A*

A*

11-03-03.1.B 11-03-03.5.D

Self-Service Storage

A*

A*

A*

A*

11-03-03.5.E

Trucking Terminal

A*

A*

C*

11-03-03.5.F

Wholesale or Warehouse, Small

C*

C*

A*

A*

C*

A*

11-03-03.5.G

Wholesale or Warehouse, Large

A*/ C*

A*

A*

11-03-03.5.G

Utilities

Electric Substation

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

C*

11-03-03.5.H

Power Plant

C

C

C

Renewable Energy Facility, Accessory

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

C*

C*

11-03-03.1.B 11-03-03.5.I

Utility Facility, Minor

C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

A*/ C*

C*

C*

11-03-03.5.J

Utility Facility, Major

A

C

C

C

C

Waste and Salvage

Composting Facility

A*

C*

C*

C*

C*

11-03-03.5.K

Junkyard, Vehicle Salvage

C*

C*

C*

11-03-03.5.L

Recycling Collection Facility

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03.5.M

Sanitary Landfill

C

Solid Waste Transfer Facility

A*

A*

11-03-03.5.N

Unlisted Accessory Uses

Unlisted Uses Accessory to an Allowed or Approved Conditional Use

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

11-03-03.1.B 11-03-03.6.A

Temporary Uses

Construction Office

A*

A*

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11-03-03.7.A 11-03-03.7.B

Mobile Food Truck

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11-03-03.7.A 11-03-03.7.C

Off-Site Construction Staging

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11-03-03.7.A 11-03-03.7.D

Safety Facility

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11-03-03.7.A

Sales and Leasing Office

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11-03-03.7.A 11-03-03.7.E

Seasonal Sales

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11-03-03.7.A 11-03-03.7.F

 

(Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)

11-03-03: USE-SPECIFIC STANDARDS:

1. General Standards:

      A.   Principal and Accessory Uses:

         (1)   Cross-References in Table of Allowed Uses: The Use-Specific Standards listed in this Section 11-03-03 apply to those uses listed on the same line of Table 11-03.1, regardless of whether those uses are shown as allowed, conditional, accessory, or temporary uses. Modifications to these Use-Specific Standards may only be granted through the Conditional Use Permit process in Section 11-05-05.3.A.

         (2)   Resolution of Conflicting Standards: If there is a conflict between these Use-Specific Standards and the requirements in Chapter 11-04, Development and Design Standards, these Use-Specific Standards shall apply, unless otherwise noted.

      B.   Additional Standards for Accessory Uses:

         (1)   Purpose: This Section contains general standards for all accessory uses, which shall be customarily incidental and subordinate to principal uses.

         (2)   List of Accessory Uses and Structures: Commonly allowed accessory uses are shown in Table 11-03.1: Table of Allowed Uses, but that list does not include all possible uses that are secondary and subordinate to a principal use of land in each zoning district. All principal uses in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use and may be approved by a Zoning Certificate if the Planning Director determines that the proposed accessory use complies with this standard and with all Use-Specific Standards applicable to the use.

         (3)   General Standards for Accessory Uses and Structures: All accessory uses and structures shall comply with the following general standards, except Accessory Dwelling Units, which are subject to the standards set forth in Section 11-03-03.2.B. In the event of a conflict between this Section 11-03-03.1.B(3) and Section 11-03-03.2.B, the provisions of Section 11-03-03.2.B shall apply.

            (a)   Subordinate to Principal Use: No structure or building shall be used for an accessory use unless the primary building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership and shall use the same utility meter, with the exception of an approved Accessory Dwelling Unit. In a Residential district, the gross floor area of the accessory structure or building shall not exceed the gross floor area of the primary building.

            (b)   Timing of Accessory Uses and Structures: No accessory use may be established prior to establishment of the principal use with which such accessory use is associated.

            (c)   Location and Setbacks:

               i.   No detached accessory building or structure shall occupy any area in front of the primary building, unless approved by the Planning and Zoning Commission as a conditional use permit. However, on lots that have topographical or other physical constraints, the Planning Director may approve a detached accessory building or structure in front of the primary building.

               ii.   Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard setbacks.

               iii.   Accessory structures such as decks and patios that are one foot or less in height as measured from the property's finished grade, may occupy any setback area.

               iv.   Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to the home, may have rear yard setbacks of nine feet. Interior side yard setbacks shall be per the zoning district. For corner lots, a minimum 15-foot street-side yard setback is required. Structures that use these reduced setbacks shall not occupy more than 50 percent of the lot's rear yard widths.

               v.   In-ground pools that are one foot or less in height, as measured from the property's finished grade, may occupy any rear or interior side yard area, provided a minimum three-foot setback is maintained from the pool apron or splashguard. Hot tubs, diving boards, decks, and other features that are more than one foot above grade shall be located outside of setbacks.

Figure 3.1. In-Ground Pool Setbacks

               vi.    Alley-Loaded Accessory Parking Structures:

                  A.    Alley-loaded parking and parking structures shall provide a backup area of at least 22 feet. This back up area may be within the alley and/or the lot but not within an accessory structure.

                  B.   A minimum five-foot paved apron is required regardless of alley width.

                  C.   For side entry alley-loaded garages the backup area shall be provided for on the lot and outside of the street side setbacks.

                  D.   Detached accessory parking structures that are over 500 square feet, but less than or equal to 1,000 square feet in area and that are under 22 feet in height (from grade to the peak of the roof) may be built to the rear or side lot line/property lines abutting an alley.

                  E.   Detached accessory structures over 1,000 square feet in area or over 22 feet in height (from grade to the peak of the roof) shall comply with the setback requirements applicable to primary structures.

               vii.   Residential Accessory Structures More Than 1,000 Square Feet in Area or 22 Feet in Height: A Zoning Compliance Review is required for accessory structures over 1,000 square feet in area or 22 feet in height (from grade to the peak of the roof), subject to the following:

                  A.   No commercial use shall take place within the building;

                  B.   The building shall be architecturally compatible with the primary building; and

                  C.   The building shall be compatible with neighboring properties in mass, and design.

2. Residential Uses:

      A.   General Standards:

         (1)   Housing Variety in Multi-Building Developments on a Single Parcel : Except in the MX-5 zoning district, new developments with multiple residential units on parcels between two and four acres platted and constructed after the Effective Date shall incorporate at least two housing types. Projects on more than four acres require at least three housing types. Housing types include:

            (a)   Single-Family Detached.

            (b)   Single-Family Attached.

            (c)   Duplex.

            (d)   Triplex.

            (e)   Fourplex.

            (f)   Multiple-Family.

            (g)   An alternative housing type as approved by the Planning Director.

            (h)   A distinct building type may be provided as a substitute for one of the required housing types. A distinct building type can be easily distinguished from others using one or both of the following design features:

               i.   A variation in length and footprint of 30 percent or more; or

               ii.   A distinct variation in color and materials.

Figure 3.2. Housing Type Examples

         (2)    Block Level Mix of Housing Types: No one housing type shall occupy more than 80 percent of any block face or street frontage exceeding 300 feet in length.

      B.     Accessory Dwelling Unit (ADU):

         (1)    Minimum lot area and maximum density standards shall not apply to ADUs.

         (2)   The ADU shall not be larger than 900 square feet or the total floor area of the primary building, whichever is smaller, and shall not have more than two bedrooms.

         (3)   Only one ADU is permitted on each lot or parcel where an ADU is permitted, unless using incentives earned pursuant to Section 11-04-03.7.D.

         (4)   The ADU shall be created through one of the following:

            (a)   Internal conversion of an existing living area, basement, or attic;

            (b)   An addition to the principal dwelling unit;

            (c)   An addition to a detached accessory structure;

            (d)   Construction of a new Single-Family Detached Dwelling with an internal or detached ADU;

            (e)   Construction of a detached ADU; or

            (f)   Conversion of an existing detached accessory structure or attached garage that does not reduce off-street parking below the minimum required for that lot.

         (5)   The ADU shall meet all of the dimensional requirements of the underlying zoning district as well as the provisions of the International Building Code. Allowed exemptions for accessory structures apply as described in Section 11-04-03.3, Exceptions and Encroachments.

         (6)   The design of the ADU shall be compatible with the existing neighborhood by taking into account height, bulk, and site location, and incorporating materials, colors, and a design motif that is compatible with and complements the architectural theme and style of the principal dwelling unit. The primary and the ADUs shall be designed to portray the form of a single-family dwelling. Only one entrance to the structure may be located on the front building elevation of the house unless multiple entrances are already in existence.

      C.   Dwelling, Single-Family Detached: In the MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts, Single-Family Detached Dwellings are only permitted if a Building Permit for the dwelling was issued before the Effective Date.

      D.   Dwelling, Cottage Village:

         (1)   This use shall not be located within 400 feet of another Cottage Village, measured at the closest points on the property boundaries.

         (2)   The maximum size of each Cottage Dwelling is 1,000 square feet of gross floor area.

         (3)   Individual cottages shall be clustered around a shared private common space containing at least 10 percent of the project area and with minimum dimensions of 15 feet in length and width.

         (4)   Parking areas shall be located on the side or rear of the development and may be aggregated for all units in one area.

         (5)   A shared facility for communal cooking, dining, and other activities containing no more than 2,000 square feet may be provided and shall not count against the maximum density limits.

         (6)   Lot and setback requirements for the base zoning district shall apply to the project site as a whole.

         (7)   All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.

      E.   Dwelling, Single-Family Attached:

         (1)   Orientation of Individual Dwelling Units: The front door of dwelling units shall face a street meeting City or the Ada County Highway District standards, or a designated open space for use by residents and guests. New developments shall follow the lot patterning within the area and match like side and rear yards with one another to ensure a compatible design.

         (2)   Architectural Elements: Each attached unit shall have a façade or roof treatment that distinguishes it from the other attached units. Architectural treatments may include individual pitched roofs, modulated façades, porches, dormers, pop-outs, or vertical windows.

         (3)   Private or Common Open Space: A minimum of 200 square feet of private open space for each unit or common open space comprised of a minimum of 10 percent of the lot area shall be provided. This open space shall be usable and shall not include driveways or parking areas. A minimum of 25 percent of the required open space shall consist of permeable ground surface with landscaping.

         (4)   Landscaping: One deciduous tree of at least one-and-one-half inch caliper shall be planted in front of each unit.

         (5)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in S Section 11-04-010, Assured Water Supply.

      F.   Dwelling, Live/Work:

         (1)   The residential living space shall be occupied by the owner of the commercial or Artisan Industry use or the owners' employee and may include individuals in that person's household.

         (2)   In the R-1A, R-1B, and R-1C zoning districts, the commercial activity area shall not exceed 50 percent of the gross floor area of the Live/Work unit or 1,000 square feet, whichever is smaller.

         (3)   In the R-2 and R-3 zoning districts, the commercial activity area shall not exceed 50 percent of the gross floor area of the Live/Work unit or 2,000 square feet, whichever is smaller.

         (4)   Signs are limited to a maximum of two non-illuminated wall or window signs that shall not exceed six square feet in total combined area.

         (5)   The work activities shall not create adverse noise or operational impacts on adjacent residential properties.

         (6)   All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.

      G.   Dwelling, Duplex, Triplex, or Fourplex:

         (1)   Maximum Density: In the Residential zoning districts, maximum density standards shall not apply to Duplex Dwellings.

         (2)   Setbacks: Setbacks are as required by the zoning district except covered front porches of a minimum five foot depth that face the street may have a 10 foot front setback.

         (3)   Open Space: Each unit shall have a minimum of 200 square feet of open space. This open space shall be usable and shall not include driveways or parking areas. A minimum of 25 percent of the required open space shall consist of permeable ground surface with landscaping.

         (4)   Landscaped Areas: Any Duplex, Triplex, or Fourplex Dwelling shall comply with the landscaping requirements set forth in Section 11-04-09, Landscaping, Fencing, Walls, and Screening, excluding side yards that may be finished with decorative gravel, provided they are fenced and screened from street view and contained in such a way that the gravel will not spill onto the street or adjacent parcels.

         (5)   Driveways: Individual driveways in the front setback shall not exceed a width of 20 feet and shall be separated from other driveways by a landscaped area with a minimum width of seven feet. A Duplex may have a shared driveway width of a minimum of nine feet. A Triplex or Fourplex shall have a shared driveway width of a minimum of 20 feet.

         (6)   Public Right-Of-Way Improvements:

            (a)   All new dwellings shall provide a paved driveway apron that extends to the edge of street pavement of the roadway or an alley, if applicable.

            (b)   All new dwellings shall provide curb, gutter, and detached sidewalk a minimum of five feet in width. Waivers or variations to this requirement may be granted by the Planning Director based upon site-specific conditions such as documented drainage problems that might result from the improvement of the roadway.

            (c)   Dirt or gravel strips in the front yard or undeveloped public street right-of-way shall not be permitted. Irrigated landscaping shall be provided in these areas through license agreements with the Ada County Highway Department (ACHD). Bonding for landscape improvements may be allowed based on weather-related constraints. If ACHD denies the necessary license agreement, the requirement for landscaping shall be waived.

         (7)   Design:

            (a)   To allow for variety and to promote original and distinctive design, and for the adaptive reuse of existing buildings and the placement of relocated Duplexes, the Planning Director may approve alternatives to the design elements in sections (b) through (i) if the Planning Director determines that the alternative meets the intent of these design standards.

            (b)   All street-facing façades shall include architectural treatments to provide visual interest. Architectural treatments used to achieve this may include, but are not limited to, dormers, bay windows, vertical windows, exterior window treatments, varying roof pitches, façade modulation, and a variety of colors, materials, and textures. Alternative approaches to façade design may include either creating the distinct appearance of architecturally distinguishable dwelling units, or creating a more unified design that replicates the appearance of one Single-Family Detached Dwelling.

            (c)   At least 15 percent of the area of street-facing façades shall be windows or doors. This calculation includes the area of all street-facing windows and entrance doors that are within a 45 degree angle of the street. Garage doors are not included in the 15 percent calculation.

            (d)   The length of the garage wall or combination of garage walls facing the street shall not exceed 50 percent of the total length of the façade. Garages that are set back a minimum of five feet further than the street-facing wall of the dwelling unit may be up to 60 percent of the total length of the façade. Walls of side entry garages that use windows and other architectural means to provide visual interest are not included in this calculation.

            (e)   On interior lots at least one unit shall have a main entrance with a door visible from the street. The main entrance of each unit shall include a covered porch that is a minimum of 25 square feet. If one or more units have an entrance facing the street, or more than one garage door is facing the street, the street-facing façades of adjacent units shall be offset from each other by a minimum of four feet.

            (f)   On the corner lots each street façade shall have a main entrance with a door visible from the street. The main entrance shall include a covered porch that is a minimum of 25 square feet. Duplex Dwellings located on lots at the corner of two local streets shall not have more than two parking spaces accessed from each street.

            (g)   Balconies shall be located in areas that will cause minimal interference with the privacy of neighboring properties.

            (h)   Dwelling units shall not be arranged in two rows oriented perpendicular to the street with ground floor or second floor unit entry doors facing towards an unenclosed passageway or hallway:

               i.   If dwelling units are arranged in two rows oriented perpendicular to the street, the primary pedestrian entrances of the ground floor units closest to the street shall face the street; and

               ii.   Any passageway giving access to units located behind the street-facing ground floor units shall be fully enclosed.

         (i)   Two-story structures shall use one of the following methods to break up the building mass and provide visual interest to the side elevations:

               i.   The second story sidewalls shall have a minimum three-foot offset from the first story sidewalls. The second story shall be located furthest away from the side property lines; or

               ii.    The building shall be set back eight feet from the interior side property line, with bay windows, pop-outs or other architectural features allowed at the five foot setback line, except that in the R-1A and R-1B zoning districts, the building shall be set back 13 feet from the interior side property line, with bay windows, pop-outs, or other architectural features allowed at the 10 foot setback line; or

Figure 3.3. Two-Story Duplex Example

            (j)   Three-story structures shall use one of the following methods to break up the building mass and provide visual interest to the side elevations:

               i.   The third-story sidewalls shall have a minimum three-foot offset from the second-story sidewalls. The third story shall be located furthest away from the side property lines; or

               ii.   The building shall be set back 10 feet from the interior side property line, with bay windows, pop-outs, or other architectural features allowed at the seven-foot setback line, except that in the R-1A and R-1B zoning districts the building shall be set back 15 feet from the interior side property line, with bay windows, pop-outs, or other architectural appurtenances allowed at the 12 foot setback line.

            (k)   Structures on Residential Small Lots shall be subject to additional criteria per Section 11-04-03.4, Residential Small Lots.

      H.   Dwelling, Multiple-Family:

         (1)   Standards in the R-1B, R-1C, R-2, R-3, MX-1, and MX-2 Zoning District:

            (a)   The minimum usable open space or recreational space requirement shall be equal to 30 percent of the land area occupied by residential structures. Open space shall have a minimum dimension of 15 feet in length and width. For the purpose of this Section, usable open space or recreational space shall include landscaped areas, court yards, internal pathways, balconies, patios, sun decks, pedestrian walkways, playground areas, swimming pools, and all other exterior or interior recreational areas. Such areas shall be accessible according to the ADA guidelines and available to the occupants and guests of the building. Usable open space or recreational space shall not include driveways, parking areas, or loading areas. The open space or recreational space requirement may be reduced for projects that abut open space or recreational facilities, or that are within an Activity Center in which publicly available open space or recreational facilities have been incorporated.

            (b)   The pedestrian circulation system shall provide safe and convenient access to and from other residential units, perimeter streets, parks, schools, public facilities, pathways, trails, parking areas, recreational facilities, amenities, and any shared facilities. Sidewalks shall be a minimum of five feet wide, however, the Planning may require the sidewalk width be increased to 10 feet if the Planning Director determines that additional width is necessary to accommodate the expected pedestrian traffic in high use areas.

            (c)   Natural features and other potential site amenities shall be retained and incorporated into the design to the maximum extent practicable.

            (d)   Fire escapes and unenclosed exterior stairs that provide access to an upper level are prohibited on any street-facing building façade.

            (e)   If individual exterior entrances to dwelling units are not provided, an enclosed primary building entrance is required.

            (f)   At least two of the following amenities shall be provided in projects greater than one acre in size:

               i.   The building(s) shall use electricity or geothermal energy to meet all its heating, hot water, and appliance energy needs for in all dwelling units.

               ii.   Energy conservation measures demonstrating the building(s) shall consume at least 15 percent less electrical energy that would be consumed if the building(s) met the adopted energy code, based on modeling building energy performance comparisons.

               iii.   The building(s) shall meet the adopted City of Boise Green Building Code.

               iv.   The building(s) shall provide a private recreational facility, such as a swimming pool, tennis court, playground, community garden, or picnic area, in scale with the development.

               v.   The building(s) shall consume at least 15 percent less water than would be consumed if the building(s) met all applicable water conservation standards applicable to similar development; and/or

               vi.   The development shall dedicate an amount of on-site storage space for waste diversion techniques (such as commingled recycling, cardboard recycling, and/or organics recycling) that is equal or greater than the amount of on-site storage space provided for solid waste.

            (g)   Building and site design shall provide for adequate transition into the surrounding neighborhood to ensure compatibility between the development and the context around it. Factors to be considered are setbacks, building height, building materials, bulk, roof design, parking area locations, and landscaped area locations.

         (2)   Standards in the MX-3 and MX-4 Zoning District: In addition to the standards set forth in Subsection (1) above, Multiple-Family Dwellings in the MX-3 and MX-4 zoning districts shall comply with the following:

            (a)   Building Design: Each building façade shall have a visibly distinct top, middle, and base that are distinguished from one another through one or more of the following techniques:

               i.   Provide a creative façade composition with a rich layering of design elements that provides visual interest from a variety of vantage points;

               ii.   Design buildings that respond to unique site conditions and context;

               iii.   Integrate sustainable materials and elements into the design of the building in a way that adds character and visual interest to the building;

               iv.   Employ façade articulation techniques that reduce the perceived scale of large buildings and add visual interest; and/or

               v.   Create clear and welcoming building entries.

         (3)   Standards in the R-2, R-3, MX-1, MX-2, MX-3, MX-4, and MX-5 Zoning District: If within the past three years the principal use of the site included a Manufactured Home Community, Assisted Living Facility, Continuing Care Retirement Facility, or Convalescent or Nursing Home, or the principal use contained deed-restricted Affordable Housing or housing affordable for those earning 60 percent or less of Area Median Income, the establishment of this use shall require a Conditional Use Permit pursuant to Section 11-05-05.3.C.

         (4)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.

      I.   Group Home, Federal Housing Amendments Act (FHAA) Small and Large: In all zoning districts where these uses are listed as Allowed or Conditional Uses, these uses shall comply with those Use-Specific Standards, design standards, and other Code provisions applicable to the type of dwelling unit structure they occupy (e.g., Single-family Detached, Single-family Attached, Duplex, Triplex, or Fourplex Dwellings or Multiple-Family) in the zoning district in which they are located.

      J.   Livestock and Animals, Accessory:

         (1)   Accessory Livestock Uses: The keeping of livestock shall comply with the following standards.

         (2)   Animal Unit:

            (a)   An animal unit is:

               i.   One horse, mule, cow, llama;

               ii.   Four sheep, goats, or swine;

               iii.   Six geese;

               iv.   Ten rabbits; or

               v.   12 chickens or ducks.

            (b)   The Planning Director may determine a unit number for animals not listed.

         (3)   Standards:

            (a)   A minimum of one acre is required to keep livestock. For poultry and rabbits, the minimum area is one half acre.

            (b)   With the exception of poultry and rabbits, a minimum contiguous area of one half acre (exclusive of structures) shall be designed for the keeping of the livestock. For poultry and rabbits, the minimum area is one quarter of an acre.

            (c)   Livestock shall be kept within fences, corrals, barns, or pens.

            (d)   Livestock enclosures shall comply with setback requirements.

            (e)   The maximum density is two animal units per acre of area set aside for the keeping of livestock. For example, if one half of a one acre lot is set aside for the keeping of livestock, one animal unit is allowed. Maximum density shall not apply to offspring under nine months of age, nor shall it apply to pets.

            (f)   Livestock and pets shall be kept so as to not cause adverse impacts on neighboring properties. This includes but is not limited to such impacts as odor, noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the City may cause to be abated.

            (g)   Structures housing pets shall be located a minimum of 10 feet from any building used or capable of being used for human habitation on adjacent lots.

            (h)   It shall be unlawful to keep any animal listed in Section 5-1-8 of the Boise City Code under the auspices of this Section.

         (4)   Exceptions to Minimum Area:

            (a)   Livestock may be kept on less than one acre when allowed by subdivision covenants or duly adopted overlay districts. If animal density is not addressed therein, the density requirements of this Code shall apply.

            (b)   Livestock may be kept on less than one acre for educational purposes, such as 4-H or FFA, though the maximum animal density shall not be exceeded.

            (c)   Horses that are regularly ridden and exercised off-site may exceed the standard animal unit density. One horse is allowed for every 14,500 square feet of contiguous set aside area.

         (5)   Livestock as Legal nonconforming Uses:

            (a)   Legal nonconforming status shall be in accordance with Section 11-05-06, Nonconformities.

            (b)   Legal nonconforming status shall be lost if the livestock are absent from the property for a continuous period of two years.

      K.   Manufactured Home - Not Within a Manufactured Home Community: A Manufactured Home shall comply with the following design, form, and installation standards:

         (1)   It shall be permanently affixed to the ground in accordance with the manufacturer's specifications with the running gear and towing hitch removed and set upon a foundation base having an anchoring system that is completely concealed under the structure.

         (2)   It shall be placed on a foundation base with the finished floor area of the home not more than 12 inches above grade or 24 inches above grade if the home is over a basement. Graded earth shall not be closer than six inches to the siding of the home.

         (3)   It shall have a foundation fascia that is similar in appearance and durability to the masonry foundation or other foundation systems on Single-Family Detached Dwellings in the nearby area. The foundation fascia shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.

         (4)   It shall have exterior siding and roofing that in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city or that is comparable to the predominant material used on surrounding dwellings.

         (5)   It shall have a pitched roof with a minimum pitch of two inches of rise to 12 inches of run (2:12).

         (6)   If the majority of other residential structures on the same block have eaves, the Manufactured Home shall have an eave that projects a minimum of six inches along any wall that faces a street.

         (7)   Structures that are not manufactured or constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 are not Manufactured Homes and are prohibited within the city.

      L.   Manufactured Home Community:

         (1)   Improvement Requirements:

            (a)   If the development is to be subdivided, streets shall be public and built in conformance with ACHD construction standards.

            (b)   Utilities shall be installed underground.

            (c)   Units within the Community shall be connected to a wet line sewer and a central water facility.

            (d)   Public street lighting shall be designed, constructed, and dedicated to the City and shall comply with the requirements of the Public Works Department.

            (e)   Provisions for drainage of the community and dwelling sites in the Manufactured Home Community shall comply with the requirements of the Stormwater Management Ordinance and be reviewed and approved by the Public Works Department.

            (f)   Subdivisions and conversions of land leased Manufactured Home Communities to subdivisions shall comply with the requirements of Section 11-04-04, Subdivision Standards.

         (2)   Dwelling Unit Design Features: Each dwelling unit shall comply with the following standards:

            (a)   It shall have a roof pitch of at least two inches of rise to 12 inches of run (2:12).

            (b)   The Manufactured Home shall be either permanently or semi-permanently affixed to the ground in accordance with the manufacturer's specifications or the Idaho Manufactured Home Installation Standard with the running gear and towing hitch removed and set upon a base or pad having an anchoring system that is completely concealed under the structure. The foundation fascia shall surround the entire perimeter of the structure and completely enclose the space between the siding and the finished grade.

            (c)   It shall have exterior siding and roofing that in material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the city.

         (3)   Home Space and Lot Improvement Requirements:

            (a)   Dimensions: Each individual space designated for a Manufactured Home shall be large enough to accommodate the dwelling, required parking, usable private open space, area for accessory storage units, perimeter building setbacks and building separation requirements.

            (b)   Private Open Space: A minimum of 400 square feet of usable private open space, with a minimum dimension of 15 feet in length and width, shall be provided within each lot or home space's side or rear yard area. This requirement may be reduced to no less than 200 square feet if the difference is placed in common facilities provided for the Community as a whole.

            (c)   Parking Spaces: Residential parking spaces shall not be located further than 600 feet from the dwelling unit.

            (d)   Perimeter Setback and Unit Spacing Requirements:

               i.   Periphery Setbacks: Front, side, and rear setbacks along the periphery of the development shall comply with those for the zoning district in which the development is located. Where development already exists at the periphery, the setbacks shall be matched. For example, side yards shall be provided adjacent to side yards, rear yards adjacent to rear yards, and front yards opposite front yards.

               ii.   Internal Front and Street Side Yard: Each Manufactured Home adjacent to a public or private street shall be set back a minimum of 10 feet from the street as measured from the back of sidewalk, or back of curb in cases where no sidewalks are planned. The front yard setbacks of adjacent units are required to vary by no less than three feet.

            (e)   Interior Side and Rear Yards: In order to maximize yard area utility, side and rear yard setbacks may be zero feet, but adjacent Manufactured Homes shall be separated by a minimum of 10 feet. Detached accessory structures shall comply with the accessory structure setback standards in the zoning district where the property is located.

         (4)   Assured Water Supply: All projects containing five or more dwelling units shall comply with the standards in Section 11-04-010, Assured Water Supply.

      M.   Assisted Living Facility, Continuing Care Retirement Facility, Convalescent or Nursing Home, Fraternity or Sorority House, and Recovery Residence: In the zoning districts where these uses are listed as Allowed or Conditional Uses, these uses shall comply with those Use-Specific Standards, design standards, and other Code provisions applicable to other Group Living or Household Living uses in the type of dwelling unit structure (e.g., Single-family Detached, Single-family Attached, Duplex, Triplex, Fourplex, or Multiple-Family Dwellings) in the zoning district in which they are located.

      N.   Dwelling, Co-Housing:

         (1)   A shared private common space containing at least 10 percent of the project area shall be provided.

         (2)   A shared facility for communal cooking, dining, and other activities containing no more than 2,000 square feet may be provided.

         (3)   All projects containing five or more dwelling units, or containing five or more bedrooms in one or more dwelling units, shall comply with the standards in Section 11-04-010, Assured Water Supply.

   O.   Home Occupation, Child or Adult Daycare: A Home Occupation, Child or Adult Daycare is allowed without submittal of an application or approval of a Zoning Compliance Review if it complies with all of the standards below.

      (1)   The use shall require a Home Occupation, Child or Adult Daycare license from the City Clerk.

      (2)   The use shall be incidental to the principal use of the dwelling as a residence.

      (3)   12 or fewer person permitted.

      (4)   If located on a collector or arterial street, the use shall provide for an on-site 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).

      (5)   The use is permitted one 12 sq. ft. attached non- illuminated sign.

      (6)   The use shall provide one off-street space per employee.

      (7)   If the use includes a Home Occupation, Child Daycare, the use shall:

         (a)   Provide 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)   Provide a minimum of 35 square feet of indoor gross floor area per child.

         (c)   Maintain a valid childcare license from the City and the State of Idaho in effect at all times.

         (d)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

      (8)   If the use includes a Home Occupation, Adult Daycare, the use shall:

         (a)   Provide adequate access to the facility for people with disabilities.

         (b)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

         (c)   Maintain any required licenses from the City and the State of Idaho in effect at all times.

P.    Home Occupation, Other:

         (1)   Eligibility:

            (a)   A Home Occupation that is not prohibited by this Code is allowed if it complies with all of the standards in Subsection (2) below.

            (b)   A Home Occupation that does not comply with all the criteria in Subsection (2) below requires filing of an application and approval of a Zoning Compliance Review pursuant to Subsection (3) below.

            (c)   More than one Home Occupation may be approved for the same property address provided that the combined activities and uses of the Home Occupations do not exceed the approval criteria in this Code. For example, the aggregate total of floor space devoted to one or more Home Occupations at a given address shall not exceed 500 square feet.

               (2)   Standards for Approval Without Issuance of Zoning Compliance Review:

            (a)   The use is clearly incidental and secondary to the use of the lot or parcel for dwelling purposes.

            (b)   The use is conducted entirely within a dwelling or permitted accessory structure and the aggregate of all space within any or all buildings devoted to one or more Home Occupations shall not exceed 500 square feet in floor area.

            (c)   Outdoor storage of materials and supplies is prohibited.

            (d)   The owner and operator of the Home Occupation shall reside on the premises and shall not employ others to work in the home.

            (e)   Required off-street parking spaces for the residence shall be maintained.

            (f)   Deliveries and pickups shall be limited to two per day between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.

            (g)   Instructional classes shall be limited to one student at a time with a maximum of eight per day.

            (h)   Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building.

            (i)   Only items produced on the premises or incidental to the service being offered may be offered for retail sale, and any such sales shall be incidental to the provision of the related service as the principal Home Occupation.

            (j)   One non-illuminated wall sign not exceeding two square feet in area and mounted flat against the building is allowed.

         (3)   Standards for Approval Requiring Issuance of Zoning Compliance Review: Home Occupations that do not comply with all the standards in Subsection (2) above require the filing of an application and issuance of a Zoning Compliance Review based on a review by the Planning Director to ensure they will not be a detriment to the livability of the neighborhood. The Planning Director may approve the proposed Home Occupation if the Planning Director determines that all of the standards in Subsection (2) above have been met, except as modified by the standards below.

            (a)   The owner and operator of the Home Occupation shall reside on the premises and may not employ more than one other individual to work in the home.

            (b)   One vehicle, in addition to that used by an employee, may be used with a Home Occupation subject to the following:

               i.   Commercial vehicles and trailers are prohibited.

               ii.   One off-street parking space is required and may be provided on a driveway apron.

            (c)   Outdoor storage of materials and supplies is prohibited.

            (d)   Instructional classes shall be limited to a maximum of five students per class, and limits on the hours within which instruction may occur may be added.

            (e)   Internal or external changes that would make the dwelling appear less residential are prohibited. Examples include construction of parking lots, paving of required setbacks, and adding commercial-like exterior lighting.

            (f)   If the Home Occupation meets the definition of Animal Daycare or Kennel, it shall require a noncommercial kennel license from the City Clerk.

         (4)   Prohibited Home Occupations: The following Home Occupations are prohibited, regardless of whether they comply with the standards in Subsections (2) and/or (3) above:

            (a)   Occupations that involve highly combustible materials or any hazardous material;

            (b)   Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools;

            (c)   Occupations that cause abnormal automotive or pedestrian traffic or that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, or similar disturbances;

            (d)   Retail stores;

            (e)   Dispatch centers where employees meet at the dwelling unit and are sent to other locations;

            (f)   Occupations that would detract from the residential character of the neighborhood;

            (g)   Escort services;

            (h)   Taxidermy;

            (i)   Heavy equipment repair;

            (j)   Firearms sales;

            (k)   Any other use that is not listed as an allowed or conditional use in any zoning district in the city; and

            (l)   Any other use prohibited as a principal use of land by this Code.

3. Public, Institutional and Civic Uses:

      A.   Adult or Child Daycare Uses: Adult or Child Daycare Facilities and Centers (Small and Large) shall comply with the applicable standards below.

         (1)   Standards for All Adult Daycare Uses: Every Adult Daycare use shall:

            (a)   Provide adequate access to the facility for people with disabilities.

            (b)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

            (c)   Maintain any required licenses from the City and the State of Idaho in effect at all times.

         (2)   Standards for All Child Daycare Uses: Every Child Daycare use shall:

            (a)   Provide 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)   Provide a minimum of 35 square feet of indoor gross floor area per child.

            (c)   Maintain a valid child care license from the City and the State of Idaho in effect at all times.

            (d)   Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

            (e)   Provide adequate lot size for parking, child pick-up area, play area, screening, and setbacks. In the case of a Family Daycare Home, the Planning Director shall determine needed improvements.

         (3)   Additional Criteria for Adult and Child Care Uses by Type: In addition to the applicable criteria above, an Adult or Child Daycare use shall be subject to additional standards as indicated in Table 11-03.2.

TABLE 11-03.2: ADDITIONAL CRITERIA FOR ADULT AND CHILD CARE USES BY TYPE
CRITERIA	PRINCIPAL USES
	ADULT OR CHILD DAYCARE FACILITY	ADULT OR CHILD DAYCARE CENTER, SMALL	ADULT OR CHILD DAYCARE CENTER, LARGE
NUMBER OF PERSONS ALLOWED	7-12	13-25	26
The use shall provide for an on-site 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
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	As allowed by the applicable zoning district
Minimum parking to be provided shall be as indicated.	1 off-street space per employee	1 off-street space per 10 persons, with a minimum of 2 spaces (except the MX-5 zoning district where off-street parking is not required)
Facility location shall be as indicated.	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 ft. of the school grounds; or in a public assembly structure.

 

      B.   Cemetery, Mortuary or Mausoleum: In any Residential zoning district, this use shall not channel a majority of the traffic generated by the use onto a local residential street.

      C.   Jail or Detention Facility:

         (1)   This use shall be located with direct access onto a collector or arterial street.

         (2)   Site design and security measures shall ensure that the peace and safety of the surrounding area shall not be disturbed or impaired.

      D.   College or Other Institution of Higher Education: All changes of use or development where the development site is within 300 feet of a Residential zoning district shall require a Conditional Use Permit.

      E.   School: This use shall comply with all requirements and recommendations of the Idaho Transportation Department and the Ada County Highway District including but not limited to compliance with:

         (1)   All requirements and recommendations in any land use master plan, school bus plan, pedestrian plan, or crossing guard plan applicable to the property; and

         (2)   All requirements and recommendations related to:

            (a)   Access safety;

            (b)   Barriers between streets and school;

            (c)   Location of school zone;

            (d)   Need for flashing beacon;

            (e)   Need for traffic control signal;

            (f)   Anticipated future improvements;

            (g)   Speed on adjacent highways;

            (h)   Vehicular, bicycle, and pedestrian traffic volumes on adjacent highways;

            (i)   Effect upon the highway's level of service;

            (j)   Need for acceleration or deceleration lanes;

            (k)   Internal site circulation;

            (l)   Access control of adjacent streets;

            (m)   Required striping and signing modifications;

            (n)   Existing and planned roadway improvements to accommodate development;

            (o)   Proposed roadway projects in the vicinity; and

            (p)   Any other issues related to the operation and potential impacts of the use on public health, safety, and the surrounding area.

      F.   Trade or Vocational School:

         (1)   When this use is incorporated within an office development, it shall comply with the standards in Section 11-03-03.4.L, Office.

         (2)   When this use is a standalone facility, it shall require a Conditional Use Permit pursuant to Section 11-05-05.3.C.

         (3)   When located in the I-1, I-2, or A-1 zoning districts, this use shall only be allowed if the Planning Director determines that locating the use within the zoning district is necessary for the educational instruction of the school.