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11-04-01: PURPOSE:
The purpose of this Chapter 11-04 is to provide standards for developing property or establishing new uses of property within the Boise City to ensure the protection of the health, welfare, safety, and quality of life for local citizens, visitors, and business owners. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the vision and goals of the Comprehensive Plan. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-04-02: APPLICABILITY:
   1.   Generally: The requirements of this Chapter 11-04 shall apply to all new development and redevelopment pursuant to Section 11-01-04, Applicability, unless otherwise provided in another Section of this Code.
   2.   Activities That Require Compliance with Specific Standards:
      A.   Construction of any new primary or accessory structure on a lot shall require compliance with all standards in this Chapter unless an exception is stated in the Code.
      B.   Table 11-04.1 identifies the design and development standards contained within this Chapter 11-04 , Development and Design Standards and the development review decision where compliance with these standards is required. However, nothing in these standards shall exempt development activity from complying with all applicable standards of this Code.  
      C.   Section 11-05-06 , Nonconformities, identifies activities that trigger full and limited compliance for legal nonconforming site and structures with specific development standards contained within this Code.
TABLE 11-04.1: DEVELOPMENT STANDARDS COMPLIANCE THRESHOLDS
ZONING CODE STANDARD
CODE SECTION
ALLOWED USE ALLOWED FORM
ALLOWED USE ALT. FORM
CONDITIONAL USE PERMIT
MAJOR DESIGN REVIEW
MINOR DESIGN REVIEW
SUBDIVISION OF LAND
ZONING CERTIFICATE OR COMPLIANCE REVIEW [2]
TABLE 11-04.1: DEVELOPMENT STANDARDS COMPLIANCE THRESHOLDS
ZONING CODE STANDARD
CODE SECTION
ALLOWED USE ALLOWED FORM
ALLOWED USE ALT. FORM
CONDITIONAL USE PERMIT
MAJOR DESIGN REVIEW
MINOR DESIGN REVIEW
SUBDIVISION OF LAND
ZONING CERTIFICATE OR COMPLIANCE REVIEW [2]
Lot and Building Forms and Dimensions
X
X
X
X
X
X [1]
X
Subdivision Standards
X
Sensitive Lands
X
X
X
X
X
X
X
Building Design
X
X
X
X
X
X
Access and Connectivity
X
X
X
X
X
X
X
Parking and Loading
X
X
X
X
X
X
Landscaping, Fencing, Walls, and Screening
X
X
X
X
X
X
X
Exterior Lighting
X
X
X
X
X
X
X
Signs
X
X
X
X
X
X
X
Notes:
[1]   Review is for lot dimensions only.
[2]   Applications for a change of use are only reviewed for compliance with Parking and Loading and Exterior Lighting standards.
 
   3.   Compliance with Design Standards Required:
      A.   In addition to the standards in this Section, all Residential Small Lot development, Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the adopted Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines.
         (1)   The Downtown Design Standards and Guidelines shall apply to all Multiple-Family Dwelling, mixed-use, and nonresidential development in the Downtown Planning Area.
         (2)   The Citywide Design Standards and Guidelines shall apply to all Residential Small Lot development, Multiple-Family Dwelling, mixed-use, and nonresidential development outside of the Downtown Planning Area.
   B.   In the event of a conflict between the standards in this Chapter 11-04, Development and Design Standards and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of visual building quality and interest, as determined by the Planning Director, shall apply. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-04-03: LOT AND BUILDING FORMS AND DIMENSIONS:
   1.   General Lot and Form Standards:
      A.   Access to Public Street: No building shall be constructed or erected upon any parcel not abutting a public street or having a permanent access easement to a public street.
      B.   Construction Over Platted Lot Line/Property Lines: Construction over platted lot line/property lines of multiple whole lots in any zoning district is only allowed if:
         (1)   Prior to issuance of a Building Permit, the applicant submits to the City a copy of a recorded Notice of Buildable Parcel and a map describing the entirety of the platted lots upon which construction is proposed to take place; and
         (2)   Prior to construction, the applicant submits to the City a copy of a recorded Replat of any platted or recorded easements in the area of proposed construction or the written permission of the easement holder to complete such construction without vacating the easement.
   2.   Dimensional Standards Summary Tables: All development and redevelopment shall comply with the standards in this Section 11-04-03.2, Dimensional Standards Summary Tables unless another Section of this Code provides an alternative standard for a particular use, layout, or development type. Sections of this Code that may provide alternative standards include but are not limited to Section 11-03-03, Use-Specific Standards.
      A.   Residential Districts:
         (1)   Dimensional Standards:
            (a)   All development in Residential zoning districts shall comply with the standards in Table 11-04.2 unless those standards are adjusted pursuant to a provision of this Section 11-04-03 , Lot and Building Forms and Dimensions or another provision of this Code.
            (b)   All structures that were legally constructed and that complied with applicable dimensional standards prior to the Effective Date, but that no longer comply with the dimensional standards in this Section 11-04-03.2.A due to inclusion in a consolidated zoning district with different dimensional standards shall be considered conforming structures under this Code.
TABLE 11-04.2: RESIDENTIAL DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
TABLE 11-04.2: RESIDENTIAL DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
R-1A
R-1B
R-1C
R-2
R-3
Lot Standards [1]
Lot Area (minimum) [2]
20,000 sf.
9,000 sf.
3,500 sf.
2,500 sf.
Single-Family Attached: 1,500 sf.
All Other Uses: 2,000 sf.
Lot Width (average)
75 ft.
50 ft.
25 ft.
20 ft.
20 ft.
Street Frontage (minimum)
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Density (maximum, units/acre) [2]
2.1 [3]
4.8 [3]
12.4 [3]
N/A
N/A
Setbacks (Minimum)
Front
Front Entry Parking/Garage
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Remainder of Structure
15 ft.
15 ft.
15 ft.
10 ft.
10 ft.
Street Side
Side Street Entry Parking/Garage
20 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Remainder of Structure
20 ft. [4]
20 ft. [4]
15 ft.
15 ft.
15 ft.
Interior Side [5]
10 ft.
10 ft.
5 ft. or
10 ft. [6]
5 ft. or
10 ft. [6]
5 ft. or
10 ft. [6]
Rear
20 ft.
20 ft.
15 ft.
15 ft.[7]
15 ft. [7]
Height (Maximum)
Building Height (maximum)
35 ft.
35 ft.
3 stories not to exceed 40 ft.
4 stories not to exceed 45 ft.
4 stories not to exceed 50 ft.
Notes:
[1]   All Residential Small Lots shall meet the standards in Section 11-04-03 .4, Residential Small Lots.
[2]   Minimum lot area and maximum density requirements shall not apply to Accessory Dwelling Units or Duplex Dwellings.
[3]   Maximum density requirement shall not apply to properties using incentives earned pursuant to Section 11-04-03 .7.D.
[4]   See Section 11-06-02 .5.B(4).
[5]   No interior side setback is required between Single-Family Attached Dwellings.
[6]   For the third story of a building when abutting a single-story building.
[7]   Reduced to 5 ft. when alley present.
 
      B.   Mixed-Use, Industrial, and Open Land Districts:
         (1)   All development in Mixed-Use, Industrial, or Open Land zoning districts shall comply with the standards in Table 11-04.3 unless those standards are adjusted pursuant to provision of this Section 11-04-03 , Lot and Building Forms and Dimensions or another provision of this Code.
TABLE 11-04.3: MIXED-USE, INDUSTRIAL, AND OPEN LAND DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
TABLE 11-04.3: MIXED-USE, INDUSTRIAL, AND OPEN LAND DISTRICT DIMENSIONAL STANDARDS
N/A = NOT APPLICABLE
NO PRIMARY OR ACCESSORY STRUCTURE SHALL OBSTRUCT A CLEAR VISION TRIANGLE
ZONING DISTRICT
MX-1
MX-2
MX-3
MX-4
MX-5
MX-U
MX-H
I-1
I-2
I-3
A-1
A-2
Lot Standards
Lot Area (minimum)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1 acre
40 acres
Lot Width (average)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
50 ft.
100 ft.
Street Frontage (minimum)
N/A
N/A
N/A
N/A
N/A
30 ft.
30 ft.
30 ft.
30 ft.
30 ft.
30 ft.
100 ft.
Density (maximum)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1 unit/ acre
1 unit/40 acres
Building Setbacks (Minimum/Maximum)
Front
Min 0 ft.
Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 10 ft. [1]
Min 10 ft.
Min 20 ft.
Min 20 ft.
[3] [4]
Min 20 ft. [6]
Min 40 ft. [6]
Street Side
Min 0 ft.
Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 0 ft. Max 20 ft.
Min 10 ft. [1]
Min 10 ft.
Min 15 ft.
Min 15 ft.
[3] [4]
Min 20 ft. [6]
Min 40 ft. [6]
Interior Side
Min 0 ft.
Min 0 ft.
Min 0 ft.
Min 0 ft.
Min 0 ft.
N/A
1 & 2 stories
5 ft. 3+ stories 15 ft.
Min 0 ft. [2]
Min 0 ft. [2]
[3] [4]
Min 10 ft. [6]
Min 20 ft. [6]
Rear
Min 10 ft.
Min 10 ft.
Min 10 ft.
Min 10 ft.
Min 0 ft.
Min 10 ft. [1]
Min 0 ft. [2]
Min 0 ft. [2]
[3] [4]
Min 30 ft. [6]
Min 60 ft. [6]
Parking Setbacks (Minimum)
Front
20 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft. [1]
20 ft.
10 ft.
15 ft.
20 ft. [3]
20 ft. [6]
Min 20 ft. [6]
Street Side
20 ft.
10 ft.
10 ft.
10 ft.
10 ft.
10 ft. [1]
10 ft.
10 ft.
15 ft.
20 ft. [3]
20 ft. [6]
Min 20 ft. [6]
Interior Side
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
10 ft. [1]
10 ft.
0 ft. [2]
0 ft. [2]
15 ft. [3]
20 ft. [6]
Min 20 ft. [6]
Rear
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
10 ft. [1]
10 ft.
0 ft. [2]
0 ft. [2]
15 ft. [3]
30 ft. [6]
Min 20 ft. [6]
Any Yard Adjacent to Interstate (I-84 & I-184)
10 ft.
20 ft.
20 ft.
20 ft.
10 ft.
N/A
10 ft.
20 ft.
20 ft.
20 ft. [3]
30 ft. [6]
Min 20 ft. [6]
Building Height (Maximum)
Building Height
45 ft.
45 ft.
70 ft.
70 ft.
N/A
[7]
78 ft.
55 ft.
55 ft.
150 ft. [5]
45 ft. or 35 ft. [6]
45 ft. or 35 ft. [6]
Notes:
[1]   Only applies from edge of the adopted Boise State University campus master plan boundaries.
[2]   When adjacent to a Residential zoning district or residential use, 30 ft. minimum for all development under three acres, 50 ft. minimum for all development between three acres and 10 acres, and 100 ft. minimum for all development of 10 or more acres.
[3]   If a development is part of an adopted Industrial Technology master plan, setbacks shall apply only to the perimeter of the campus.
[4]   45 ft. + 1 ft. for every 1-foot increase in building height above 45 ft. OR 100 ft. when the property is adjacent to a Residential zoning district or residential use, regardless of whether the property is located on the perimeter of the campus.
[5]   Controlled by a 45 degree angle of bulk plan from all exterior property lines up to the maximum height of 150 feet.
[6]   Applies when the property abuts a Residential zoning district or a residential use.
[7]   Interior to the campus: Unlimited; Where the development site is located within 50 ft. of public right-of-way on Beacon Street, Broadway Avenue, or Boise Avenue: 70 ft.; Where the development site is located within 50 ft. of a Residential zoning district (adjacent or across public right-of-way); 45 ft. or the maximum height of the Residential zoning district, whichever is greater.
 
   3.   Exceptions And Encroachments:
      A.   Permitted Exceptions To Minimum Street Frontage: To encourage creative building design, the Planning Director, following Interdepartmental Review, may reduce or waive the minimum street frontage requirement listed in Section 11-04-03.2, Dimensional Standards Summary Tables if the Planning Director determines that the site plan does not create material negative impacts on vehicle access, emergency services, or solid waste collection.
      B.   Permitted Encroachments into Setbacks: Certain building and site features listed in Table 11-04.4 below may extend into the required building setbacks limits listed in Section 11-04-03, Lot and Building Forms and Dimensions as shown in Table 11-04.4 below.
TABLE 11-04.4: PERMITTED ENCROACHMENTS INTO REQUIRED SETBACKS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Encroachments into Required Setbacks
TABLE 11-04.4: PERMITTED ENCROACHMENTS INTO REQUIRED SETBACKS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Encroachments into Required Setbacks
Accessory Renewable Energy Facility
Permitted in side or rear setbacks in Residential and Mixed-Use districts, and in any setback in Industrial and Open Land districts, but not closer than two feet to any property line.
Balcony without roof
May extend up to four feet into any rear setback, provided the support structures are located outside of rear setback.
Chimneys no more than 8 feet in width
May extend up to two feet into any setback.
Covered front porches a minimum of 5 feet in depth for Single-Family Detached and Attached, Duplex, Triplex, or Fourplex Dwellings
May encroach into required front setback up to five feet. The encroachment shall not interfere with street trees, sidewalks, or required landscaping.
Detached accessory structures
 
Under 120 square feet in area and < 7 feet in height
In the R-1A, R-1B, R-1C, R-2, and R-3 zoning districts may have reduced interior side yard setbacks of 3 feet and rear yard setbacks of 3 feet. Allowed encroachments cannot conflict with any existing easements.
<121- 500 square feet in area and
< 14 feet in height
In the R-1A, R-1B, R-1C, R-2, and R-3 zoning districts may have reduced interior side yard setbacks of 3 feet and rear yard setbacks of 9 feet. Allowed encroachments cannot conflict with any existing easements.
< 1,000 square feet in area and
< 22 feet in height [2]
Exempt from rear and side yard setbacks abutting an alley.
Fencing in side or rear yards, landscaping, walkways, and accessible ramps
Exempt from setback requirements, provided they do not interfere with any existing easements.
Little library book exchange boxes
Exempt from front and side yard setbacks in Residential and Mixed-Use zoning districts, provided the portion of the yard occupied by the box does not exceed 2 square feet.
Masonry ledges, windowsills, belt courses, fireplaces, cantilevers, architectural features, cornices, eaves, canopies, and roof overhangs that do not increase the volume of space enclosed by the building
May extend up to 2 feet into any setback.
Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to a residential dwelling [3]
May have rear yard setbacks of nine feet in any zoning district. For corner lots, a minimum 15 foot side yard street setback is required.
Raised garden beds no more than three feet in height
Exempt from all setback requirements.
Stair, railing, and landing without roof
May extend up to three feet into front or side setback or up to six feet into rear setback.
Window wells
May extend up to three feet into any front or rear setback.
Notes:
[2] Applies to alley-loaded parking structures only. Height as measured from grade to the peak of the roof.
[3] Structures that use the reduced setbacks shall not occupy more than 50 percent of the width of any rear yard.
 
      C.   Permitted Exceptions Through Building Height Limits: Certain building and site features listed in Table 11-04.5 below may exceed the maximum building height limits listed in Section 11-04-03 .2, Dimensional Standards Summary Tables as shown in the Table below.
TABLE 11-04.5: EXCEPTIONS TO BUILDING HEIGHT LIMITS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
TABLE 11-04.5: EXCEPTIONS TO BUILDING HEIGHT LIMITS
STRUCTURE OR FEATURE
CONDITIONS OR LIMITS
Accessory rooftop solar collectors
May extend up to 18 inches above the height limit for primary or accessory structures.
Accessory wind energy system
Permitted height shall be 10 feet above the height limit for primary structures.
Chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances frequently mounted above the roof level
Exempt from height limit.
Ham radio antenna or television antenna
Permitted height shall be 45 feet measured from finished grade, only permitted in rear yard, and shall comply with all required setbacks.
Structures built to support, shelter, or enclose emergency warning sirens, communication antennae, or other public safety devices operated by government agencies. Requirements for telecom facilities are included in Section 11-03-03.4.D
Exempt from height limit.
Towers, steeples, spires, belfries, cupolas, and domes on primary nonresidential structures provided they are not used for human occupancy
Exempt from height limits, provided their largest horizontal cross-section does not exceed 20% of the horizontal cross-section of the top floor ceiling plate of the building. See Section 11-06-02.4.A(2).
 
   4.   Residential Small Lots:
      A.   Purpose: The purpose of this Section is to ensure that new residential development on lots less than 3,500 square feet and Substandard Original Lots of Record are compatible in design and scale with established housing.
      B.   Applicability:
         (1)   The standards in this Section 11-04-03.4 shall apply to new dwellings and additions to existing dwellings:
            (a)   On lots less than 3,500 square feet created after the Effective Date in the R-2 and R-3 zoning districts; and
            (b)   On Substandard Original Lots of Record existing on the Effective Date in the R-1A, R-1B, R-1C, R-2, or R-3 zoning districts.
         (2)   The Historic Preservation Commission may modify the regulations for Residential Small Lots in order to issue a Certificate of Appropriateness.
      (3)   These standards do not apply to lots that are part of a Planned Unit Development and do not supersede any note recorded on a Subdivision Plat.
      (4)   In the event of a conflict between this Section 11-04-03.4 and any other standard applied to new dwellings and remodels of existing dwellings by other Sections of this Code, the standards in this Section 11-04-03.4 shall apply.
      C.   General Provisions:
         (1)   Design Review:
            (a)   A development containing four or fewer dwelling units on up to four contiguous Residential Small Lots shall be subject to Minor Design Review pursuant to Section 11-05-05.2.E.
            (b)   A development of five or more contiguous Residential Small Lots shall be subject to Major Design Review pursuant to Section 11-05-05.3.D and shall also comply with the standards and guidelines in this Section 11-04-03.4.
            (c)   If a proposed development includes three or more structures, each of which contains four or fewer dwelling units, and the Planning Director determines that the potential impacts of the development on surrounding areas is similar to that of a project that would require Major Design Review, the Planning Director may require that the project be subject to Major Design Review pursuant to Section 11-05-05.3.D.
      D.   Development Standards:
         (1)   Setbacks:
            (a)   Front: Front yard setbacks shall comply with the requirement of the applicable zoning district.
            (b)   Side: Interior side setbacks shall comply with the requirement for applicable the zoning district. The following building arrangements may also be permitted:
               i.   Common Lot Line/Property Line Attached Units: When the building is located on a common lot line/property line, the remaining side yard setback shall comply with the requirement for the zoning district.
Figure 4.1. Common Lot Line/Property Line Attached Units
                ii.    Detached Units on Contiguous Lots: For contiguous Residential Small Lots developed simultaneously, the interior side yard setbacks may be reduced to three feet interior to the development, provided the setbacks exterior to the development comply with the setbacks required by the zoning district.
Figure 4.2. Reduced Interior Setback for Detached Units on Contiguous Lots
               iii.    Attached Buildings of Two Stories or More: Two-story attached buildings shall have a minimum side yard setback of five feet for the first story and a minimum of eight feet for the second story from the exterior side property line, with bay windows, pop-outs or other architectural appurtenances allowed at the five foot setback line. Alternative proposals meeting the intent of this requirement may be approved by the Planning Director.
Figure 4.3. Two-Story Attached Units on Contiguous Lots
            (c)   Rear: The rear yard setback shall be as required by the zoning district in which the Residential Small Lot is situated.
         (2)   Building Height: The maximum height permitted for buildings on Residential Small Lots shall comply with the requirement for applicable the zoning district, except if an existing, less than two-story residential dwelling in a Residential zoning district abuts either side of the subject lot, then the maximum height shall not exceed 35 feet and shall contain no more than two stories, excluding basements.
         (3)   Building Size: Residential floor area shall not exceed 70 percent of the effective lot area. Below grade floor area is not included.
         (4)   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.
         (5)   Public Right-Of-Way Improvement:
            (a)   Development on Residential Small Lots that include construction of a new dwelling unit (excluding ADUs) shall provide curb, gutter, and detached sidewalk a minimum of five feet in width that is separated by a minimum of eight feet. Waivers or variations to this requirement may be granted by the Planning Director based upon exceptional circumstances.
            (b)   Where driveways access a public street, a paved driveway apron that extends to the edge of street pavement of the roadway or alley shall be provided unless a waiver or variation on some or all of this requirement is 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 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.
         (6)   Parking: Vehicular access and parking shall comply with the following standards:
            (a)   If alley access is available, all access shall be taken from the alley. One standard parking space shall be provided with 22 feet of back up space.
            (b)   If alley access is not available and an attached garage is provided, the garage design shall include varied rooflines, dormers within the roofline or other architectural treatments that will avoid the appearance of garage domination of the front or side building façade. The face of the garage shall be set back 20 feet from the property line or back of sidewalk. Street-facing garages and driveways shall not exceed 20 feet in width, or 50 percent of the width of the building façade on which the garage is located, whichever is less.
            (c)   If alley access is not available and unenclosed or uncovered parking is provided, the driveway and parking area shall not exceed 20 feet in width, or 50 percent of the width of the building façade on which the parking is located, whichever is less.
            (d)   Two detached residential structures may share a 12 foot wide driveway or wider, providing access to rear yard detached garages or attached garages with a common wall on the property line.
            (e)   Where front yard driveways are permitted, the driveway may be designed with two concrete wheel strips or grass pavers separated by vegetation.
         (7)   Alternative Building Arrangements:
            (a)   Zero Lot Line/Property Line Option: If multiple Single-Family Detached Dwelling units and garages are constructed on contiguous lots, a zero lot line/property line development is permitted provided that the design maintains full required setbacks from adjacent non-project lots. The zero lot line/property line units remain subject to the general design guidelines in Subsection E, below, and are subject to Minor or Major Design Review pursuant to Sections 11-05-05.2.E or 11-05-05.3.D, depending on the size of the project.
            (b)   Attached Units:
               i.   In order to achieve similar length to a standard-width Single-Family Detached Dwelling, Single-Family Attached Dwelling units shall be organized in structures containing a maximum of five units. The attached units remain subject to the general design criteria in Subsection E, below.
               ii.   The applicant or builder shall obtain City approval of easement agreement(s) for the use and maintenance of common facilities such as driveways, parking sites, and common party walls. The agreement shall be recorded in the official records of Ada County prior to submission of plans for a Building Permit.
               iii.   Adjustments to lot line/property lines and reduction in the number of lots within the same parcel are subject to review and approval pursuant to all applicable standards in this Code. The applicant shall obtain approval from the City and record any lot line/property line adjustments or reduction in lots with the County Recorder prior to submission for a Building Permit.
      E.   Design Guidelines: In addition to the development standards above, the general design guidelines below shall also apply to developments on Residential Small Lots. Design Review shall take into account the location and design of adjacent buildings, landscaping, and public right-of-way improvements, and shall comply with the following criteria to the maximum extent practicable:
         (1)   Orientation: All buildings shall be oriented towards a public street, except when buildings cannot be oriented toward a public street due to inadequate street frontage. In this case, buildings shall be oriented towards a private street or lane conforming to City standards.
         (2)   Front Façade Design Requirements:
            (a)   All dwelling units shall have a front door that faces the street. When a unit is built on a corner lot, the main entrance shall have the door facing the dominant street.
            (b)   For dwelling units with front-loaded garages, a garage door shall not count toward window/opening requirements. The garage door shall also have design elements such as panels, windows, trim features, cross members, or other features as determined appropriate by the applicable Design Review process.
            (c)   Portions of the façade occupied by garage doors shall comply with Section 11-04-03.4.D(6), Parking above.
            (d)   Required façade elements shall, in addition to complying with design guidelines in (a) and (b), above, include a minimum of two of the following: multi-paned windows, varied roof lines, bay windows, wainscot, covered front door, or other elements as approved by the applicable Design Review process that create a unique façade.
            (e)   Attached units shall provide modulation and architectural design features to prevent flat façade wall planes.
            (f)   Building design shall incorporate materials such as brick, stone, stucco, tile, and wood for 35 percent of the facade and second story elements. The presence of such materials on nearby homes shall be reviewed as a guide for appropriate materials to be used on the new dwelling.
            (g)   Rain gutters shall be provided on the side elevations of all structures to aid in site drainage. Gutters shall direct water to the front or rear of the lot.
   5.   Neighborhood Transition Standards: In order to facilitate a predictable transition from Multiple-Family, mixed-use, and nonresidential development on abutting lower-density residential zoning districts, all development listed in Subsection (A) below shall comply with all standards Subsections (B), (C), (D), and (E) below. In case of conflict between the standards in this Section 11-04-03.5 and any other standard in this Code, the standards in this Section 11-04-03.5 shall apply.
      A.   Applicability: The standards in this Section 11-04-03.5 shall apply to all development or redevelopment after the Effective Date on lots located:
         (1)   In the R-2 or R-3 zoning districts, or any Mixed Use, Industrial, or Open Land zoning district that have a side or rear lot line/property line abutting a lot in the R-1A, R-1B or R-1C zoning district; and
         (2)   In any Mixed Use, Industrial, or Open Land zoning district that have a side or rear lot line/property line abutting a lot in the R-2 or R-3 zoning district.
      B.   Building and Parking Area Setbacks:
         (1)   The primary building shall be set back from each side or rear property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 lot a distance at least equal to the minimum setback required in that abutting zoning district.
         (2)   Any parking area, Drive-Through Facility, or vehicle circulation driveway shall be set back from each side or rear property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 lot by at least 10 feet or the minimum parking setback distance in the district where the primary building is located, whichever is greater; and
      C.   Building Height Stepdown:
         (1)   Abutting R-1A, R-1B, or R-1C Districts: Each primary building constructed after the Effective Date with a height greater than 35 feet shall reduce the visual impact of the building when viewed from each abutting R-1A, R-1B, or R-1C lot by limiting the maximum height of the building so that:
            (a)   It does not exceed 35 feet at the minimum building setback line from the R-1A, R-1B, or R-1C lot; and
            (b)   Any portion of the building with a height between 35 and 45 feet shall be set back an additional 20 feet from the required building setback as identified in Subsection B(1) above.
            (c)    Any portion of the building with a height above 45 feet shall be set back an additional 10 feet from the setback identified in Subsection 1(b) above
Figure 4.4. Building Height Stepdown Requirements
         (2)   Abutting R-2 or R-3 Districts: Each primary building constructed after the Effective Date with a height greater than 45 feet shall reduce the visual impact of the building when viewed from each abutting R-2 or R-3 lot by limiting the maximum height of the building so that:
            (a)   It does not exceed 45 feet at the minimum building setback line from the R-2 or R-3 lot; and
            (b)   Any portion of the building with a height between 45 and 55 feet shall be set back an additional 20 feet from the required building setback as identified in Subsection B(1) above.
            (c)   Any portion of the building with a height above 55 feet shall be set back an additional 10 feet from the setback identified in Subsection (2)(b) above.
      D.   Lighting Height: In addition to complying with all standards in Section 11-04-011, Exterior Lighting, no outdoor pole or wall mounted light fixture located within 50 feet of any side or rear lot line/property line abutting an R-1A, R-1B, R-1C, R-2, or R-3 zoning district shall be mounted more than 20 feet above grade.
      E.   Screening and Buffering: In addition to complying with the standards in Section 11-04-09, Landscaping, Fencing, Walls, and Screening, when the standards of that Section require or allow the construction of an opaque wall or fence, the wall or fence shall be set back from the property line in order to allow the required landscaping to be installed on the side of the fence facing the R-1A, R-1B, R-1C, R-2, or R-3 zoning district. The required landscaping shall be maintained by the property owner required to install the landscaping.
   6.   Other Form Standards:
      A.   All development shall comply with all Form, Layout, and Design Standards applicable to the MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts in Sections 11-02-03.1, 11-02-03.2, 11-02-03.3, 11-02-03.4, and 11-02-03.5 respectively.
      B.   All development shall comply with all standards related to building or development form in each overlay district listed in Section 11-02-07, Overlay Districts.
   7.   Incentives:
      A.   Purpose: The purpose of this Section 11-04-03.7 is to support an increased supply of diverse, affordable, and sustainable/resilient housing that will efficiently use the existing infrastructure.
      B.   Approval Procedure: The approval procedures for projects earning one or more of the incentives shall be those otherwise applicable under this Code unless this Section specifically modifies the procedure to allow an administrative approval. Any conditions attached to a project approval shall not reduce or modify the housing incentives for which the project qualifies under this Section.
      C.   Nonconforming Uses and Structures: The housing incentives created by this Section shall be available regardless of whether the existing use of the property is a conforming use and regardless of whether any existing structures on the property are conforming structures. All structures shall be required to meet the applicable building codes.
      D.   Incentives Available:
         (1)   In the R-1A, R-1B, and R-1C Zoning Districts: Except as described in Subsection (2) below, in the R-1A, R-1B, and R-1C zoning districts, a project containing up to four primary or Accessory Dwelling Units permitted by Table 11-03.1 : Table of Allowed Uses is not subject to the base zoning district density limit if the lot or combined area of any new lots created meets or exceeds the zone's minimum lot size, it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with one or both of the following standards for affordability and sustainability/resilience.
            (a)   Affordability: At least one of the three permitted units or at least two of the permitted four shall be income-restricted affordable to households earning not more than 80 percent of the Area Median Income for the Boise area if the dwelling unit(s) is a rental unit for a period of at least 20 years; or affordable to households earning no more than 120 percent of the Area Median Income if the dwelling unit(s) is a for-sale property for a period of at least 20 years.
            (b)    Sustainability/Resilience: The project shall satisfy all the following criteria for sustainable and resilient development:
               i.    Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units.
               ii.   Energy Conservation: The building shall either:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
               B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
            iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all water conservation standards applicable to similar developments.
         (2)   In the R-1B and R-1C Districts: In the R-1B and R-1C zoning districts, a project containing between three to 12 primary or Accessory Dwelling Units permitted by Table 11-03.1 : Table of Allowed Uses is not subject to the base zoning district density limits if the lot or combined area of any new lots created meets or exceeds the zone's minimum lot size, it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with all of the following standards for applicability and affordability. Projects that contain five or more dwelling units shall also receive a 50 percent reduction in the minimum required off-street parking. If a project meets the requirements of both this Subsection (2) and Subsection (1) above, the requirements and incentives in this Subsection (2) shall apply.
            (a)   Standards: The project shall satisfy all the following criteria:
               i.   Location:
                  A.   The project site shall be located entirely within 300 feet of a collector or arterial roadway (as determined by the Ada County Highway District Master Street Map) or within one fourth of a mile of a property zoned MX-3 and MX-4; and
                  B.   Have a minimum of 55 feet of street frontage.
               ii.   Lot Characteristics: The project site shall be:
                  A.   A vacant lot;
                  B.   A lot where the improvement/structure value as assessed by the Ada County Tax Assessor for the most recent year is no greater than 25 percent of the total assessed value of the property; or
                  C.   A lot on which an existing structure will be incorporated into the project design.
               iii.   No Recent Demolitions: The project site shall not include any property for which the City approved a demolition permit for a primary structure within the previous three years.
               iv.   Parking, Visibility and Access:
                  A.   Any new surface parking lot or garage shall be located to the rear of the structure(s).
                  B.   Any surface parking lot or parking garage shall be accessed from an alley if an alley is present or shall have only one access point if an alley is not present.
            (b)   Affordability: Projects shall comply with all the following affordability standards, as applicable to the size of the project.
               i.   Projects with Three or Four Dwelling Units: No affordability requirements.
               ii.   Projects with Five to Eight Dwelling Units : At least one of the units shall be income-restricted affordable to a household earning not more than 80 percent of the Area Median Income for the Boise area for a period of at least 20 years if the dwelling unit is a rental unit; or affordable to a household earning no more than 120 percent of the Area Median Income for a period of at least 20 years if the dwelling unit is a for-sale property.
               iii.   Projects with Nine to Twelve Dwelling Units: At least two of the units shall be income-restricted affordable for a period of at least 20 years to households earning not more than 80 percent of the Area Median Income for the Boise area, if the dwelling units are rental units, or affordable to households earning no more than 120 percent of the Area Median Income, if the dwelling units are a for-sale property, for a period of at least 20 years.
         (3)   In the R-2 and R-3 Districts: In the R-2 and R-3 districts, a project containing five or more dwelling units permitted by Table 11-03.1 : Table of Allowed Uses shall receive a 50 percent reduction in minimum required off-street parking if it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with the location standards and one or both of the standards for affordability and sustainability/resilience below.
            (a)   Location: The project site shall be located entirely within one fourth of a mile of a property zoned MX-3, MX-4, or MX-5.
            (b)   Affordability: At least 25 percent of all permitted dwelling units shall be income-restricted for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units shall contain two or more bedrooms.
            (c)    Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
            iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
            iv.   Landfill Waste Diversion: 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.
         (4)   In the MX-3 District: In the MX-3 district, a Multiple-Family Dwelling shall receive a 50 percent reduction in minimum required off-street parking if it complies with the applicable Use-Specific Standards in Section 11-03-03 and also complies with one or both of the following standards for affordability and sustainability/resilience:
            (a)   Affordability: At least 25 percent of all permitted dwelling units shall be income-restricted affordable for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units must contain two or more bedrooms.
            (b)    Sustainability/Resilience: The project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units.
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.    Shall meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings; and
               iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
               iv.   Landfill Waste Diversion: 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.
         (5)   In the MX-4 District: In the MX-4 district, a Multiple-Family Dwelling may exceed the applicable height limit in the MX-4 district and is not subject to an off-street parking requirement if it complies with all applicable Use-Specific Standards in Section 11-03-03 and also complies with one or both of the following standards for affordability and sustainability/resilience:
            (a)   Affordability: At least 25 percent of all permitted dwellings shall be income-restricted affordable for a period of at least 20 years to households earning not more than 60 percent of Area Median Income, and at least 25 percent of the income-restricted units must contain two or more bedrooms.
            (b)   Sustainability/Resilience: In addition to satisfying the criteria in Subsection (a) above, the project shall satisfy all of the following criteria for sustainable and resilient development:
               i.   Clean Energy: The building shall use electricity or geothermal energy to meet all of its heating, hot water, and appliance energy needs for in all dwelling units;
               ii.   Energy Conservation: The building shall:
                  A.   Consume at least 15 percent less electrical energy than would be consumed if the building met the adopted energy code, based on modeled building energy performance comparisons, individually documented energy savings measures, or receiving a comparable energy efficiency utility incentive (if applicable/available at time of construction); or
                  B.   Must meet the adopted City of Boise Green Building Code, whichever achieves the greater energy savings.
               iii.   Water Conservation: The building shall consume at least 15 percent less water than would be consumed if the building met all applicable water conservation standards applicable to similar development.
               iv.   Landfill Waste Diversion: 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.
         (6)   Adaptive Reuse: This Subsection (7) shall apply to projects involving the adaptive reuse of existing structures that are not eligible for the other incentives applicable to the reuse of existing structures in Subsections (1), (2), (3), and (4) above.
            (a)   The project shall involve the adaptive reuse of an existing primary structure in the R-1A, R-1B, R-1C, R-2, R-3, MX-1, MX-2, or MX-3 zoning districts; and shall comply with one of the following two standards:
               i.   The existing primary building being adaptively reused may be increased or reduced in size a maximum of 10 percent; or
               ii.   If no changes are made to the size of the existing primary building being adaptively reused, the project shall be exempt from setback requirements unless the location of the building is in conflict with any existing easements or encroaches on a neighboring property line.
            (b)   If the project is located in the R-1A, R-1B, R-1C, R-2, or R-3 zoning district:
               i.   The project shall receive a 50 percent reduction in minimum required off-street parking; and
               ii.   The project shall not be subject to the dwelling unit per acre density limits in the zoning district where the property is located.
            (c)    If the project is located in the MX-1, MX-2, or MX-3 zoning district, it shall not be required to provide any off-street parking in addition to that already provided on-site, but any existing on-site parking shall not be reduced below the amount otherwise required by this Code for the proposed reuse. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-04-04: SUBDIVISION STANDARDS:
   1.   Purpose: The purpose of this Section 11-04-04 is to promote the public health, safety, and general welfare of present and future residents by ensuring that the Subdivision of Land results in:
      A.   Patterns of lots, blocks, streets, open space, and sites for public facilities that are consistent with the City's adopted Comprehensive Plan;
      B.   New developable lots having thorough and efficient networks of pedestrian, bicycle, and vehicular access and networks of utilities that are efficient and cost-effective to maintain;
      C.   Systems of open space and stormwater drainage, and other natural areas that connect with and complement similar areas on adjacent lots where possible;
      D.   Improved energy efficiency;
      E.   Avoidance of development on lands such as water bodies, floodways, landslides and fault zones, steep slopes, unstable soils, and wildlife and habitat areas; and
      F.   Prevention of noise-sensitive land uses or other uses that would conflict with operations of the airport.
   2.   Applicability:
      A.   General: This Section 11-04-04 applies to all land divisions within the City, unless another provision of this Code, including but not limited to Section 11-05-05 .4.F, Subdivision Plat - Preliminary provides a different standard or requirement.
      B.   Exception for Five-Acre Parcel Division: Approval of a Subdivision of Land pursuant to Subsection 4. below are not required for the division of land into parcels of five acres or more meeting the following standards:
         (1)   The land is not zoned for or intended to be used for residential development purposes;
         (2)   The dedication of public streets or construction of private streets is not required other than dedications for the widening of existing streets; and
         (3)   The parcels front onto a street and meet the dimensional standards of the zoning district within which they are located unless a modification or waiver of those standards is granted by the Planning and Zoning Commission.
   3.   Records of Survey: The following changes of parcel boundaries shall require the review and approval of a Record of Survey prepared in accord with Idaho Code, 55-19, to establish that resulting parcels are conforming, buildable parcels.
      A.   Property Line Adjustment:
         (1)   Conforming Lots of Record: The following standards apply to all Property Line Adjustments involving conforming lots of record that do not qualify as Residential Small Lots pursuant to Section 11-04-03.4, Residential Small Lots.
            (a)   The boundaries of a parcel within a Residential zoning district or that contains a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision.
            (b)    The total number of buildable parcels shall not be greater than the number of buildable parcels and/or lots existing prior to the Record of Survey. When Property Line Adjustments occur between section land and subdivided lots, no lot shall increase in area by more than 20 percent.
            (c)   The resulting parcels shall meet the minimum requirements for area, frontage, and width for the existing zoning district.
            (d)   All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the approval of the Property Line Adjustment.
            (e)   If existing residential buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
            (f)   If the Property Line Adjustment results in the creation of a new buildable parcel that abuts a public right-of-way (without increasing the total number of buildable parcels on the site), a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07 Access and Connectivity and Section 11-04-09.4 Street Frontage Landscaping, shall be provided.
            (g)   All parcels that abut an alley shall be required to take parking access from the alley.
            (h)   If the original parcel abuts an alley, each lot created by the Property Line Adjustment shall abut that alley.
            (i)   If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall not be paved to a width any wider than the existing driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
            (j)   When utilities cross land being divided, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
         (2)   Residential Small Lots:
            (a)   If a Property Line Adjustment involves one or more Residential Small Lots, it shall not result in more buildable parcels than the total number of original substandard lots of record or the maximum number of Residential Small Lots permitted by Section 11-04-03.4, Residential Small Lots.
Figure 4.5. Substandard Original Lot of Record
            (b)   A Property Line Adjustment that includes a partial lot requires documentation that the split of the lot was recorded prior to October 30, 1965. If the partial lot was created by recorded deed prior to October 30, 1965, and does not qualify as a buildable parcel, it shall be combined with an original lot to count as one buildable parcel.
            (c)   Adjusted side property lines shall be perpendicular to the public street. Exceptions can be made for lots where the original side lot line/property lines were not perpendicular to the street, such as pie shaped lots (See Figure 4.6).
Figure 4.6. Property Line Adjustment Not Allowed
            (d)     A Property Line Adjustment shall not result in buildable parcels that decrease the area, frontage, or width below the minimum allowed in the applicable zoning districts.
            (e)   All parcels that abut an alley shall be required to take parking access from the alley.
            (f)   If the original parcel abuts an alley, each new lot created by the Property Line Adjustment shall abut that alley.
            (g)    All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the Planning Director's approval of the Record of Survey.
            (h)   If existing primary buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
            (i)   If the Property Line Adjustment results in the creation of a new buildable parcel that abuts a public right-of-way (without increasing the total number of buildable parcels on the site), a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07 Access and Connectivity and Section 11-04-09 .4 Street Frontage Landscaping, shall be provided.
            (j)   If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
            (k)   When utilities cross property lines being relocated, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
            (l)   The boundaries of a parcel within a Residential zoning district or containing a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision Plat or a Record of Survey for a Minor Land Division.
            (m)   A Property Line Adjustment shall only occur between an original corner lot and an original interior lot if the original corner lot is a minimum of 35 feet or more in width, or the minimum width for a corner lot permitted by Section 11-04-03.4 Residential Small Lots, whichever is smaller, unless three or more lots are combined resulting in a reduction in density. Adjusted corner lots shall comply with the following standards:
Figure 4.7. Property Line Adjustments Not Allowed
               i.    If a lot at the corner of two streets is proposed to be adjusted, the resulting corner lot shall be at least the same square footage as the original corner lot
Figure 4.8. Adjustments Demonstrated
               ii.   If an existing dwelling is located on a corner lot, a 15 foot rear setback shall be provided from the existing dwelling to the new rear property line, regardless of the orientation or street address of the existing dwelling.
            (n)   If the lot(s) contains an existing dwelling, a minimum of 200 square feet of open space as required in Section 11-04-03.4, Residential Small Lots, located outside of the setbacks for each existing dwelling shall be designated as such on the Record of Survey.
         (3)   Parcel Consolidation:
            (a)   A Record of Survey is required to allow the consolidation of two or more existing contiguous parcels, with at least one parcel deemed as buildable, into one buildable parcel.
            (b)   If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
      B.    Minor Land Division: The purpose of the Minor Land Division is to incentivize the development of affordable housing by allowing projects that comply with the affordability incentives in Sections 11-04-03.7.D(1)(a), 11-04-03.7.D(2)(b), or 11-04-03.7.D(3)(b) to create up to four buildable parcels without being subject to the procedures for review and approval of a Preliminary and Final Plat.
         (1)    Standards: In addition to complying with the affordability incentives in Sections 11-04-03.7.D(1)(a), 11-04-03.7.D(2)(b), or 11-04-03.7.D(3)(b), the Minor Land Division must meet the following conditions:
            (a)   No Minor Land Division shall create more than four new parcels.
            (b)   No property involved in a Minor Land Division shall be involved in a subsequent Minor Land Division for a period of one year from the recording date of the previous Record of Survey for a Minor Land Division.
            (c)   No new street dedication, excluding widening of an existing street, is involved;
            (d)   No new public utility lines shall be extended within the public right-of-way to property involved in a Minor Land Division.
            (e)   Wet line sewer and central water lines shall be currently located in the public right-of-way that abuts the parcel to be divided.
            (f)   All resulting parcels shall conform to the minimum requirements of all existing land use regulations including the adopted Code.
            (g)   All existing buildings that are to remain on the lots following the Minor Land Division shall meet applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zoning district as measured from any parcel boundary being created by the Minor Land Division process.
            (h)   Any setback that was legally nonconforming prior to the Minor Land Division may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Minor Land Division.
            (i)   Any building not meeting the required setback that is to be partially or completely demolished or moved shall be either demolished or moved prior to the approval of the Minor Land Division.
            (j)   Any existing structures shall connect to public water and sewer lines prior to approval of the Minor Land Division.
            (k)   If required parking is provided by means of a permanent shared-parking agreement, a note on the face of the survey shall list the total required and provided parking for all parcels to which the shared parking provisions of the shared-parking agreement applies.
            (l)   When utilities cross land being divided, a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Minor Land Division; and
            (m)   All new parcels that abut the public right-of-way shall be improved with a sidewalk that complies with all applicable standards of this Code, including but not limited to those standards in Section 11-04-07, Access and Connectivity and Section 11-04-09.4, Street Frontage Landscaping. A curb and gutter and paved driveway apron that extends to the edge of street pavement shall also be required where applicable. All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to the Planning Director's approval of the Minor Land Division.
            (n)   If the Boise Pathways Plan shows a pathway along or across any portion of any of the parcels to be created by the Minor Land Division, the required easement shall be dedicated to the public and indicated on the Record of Survey.
            (o)   All existing trees on site shall be protected during construction and trees planned for removal shall be mitigated in compliance with Section 11-04-09.8, Tree Preservation.
         (2)   Exceptions: Notwithstanding Subsection (1) above, if any of the following conditions are present, an application for Subdivision of Land shall be required pursuant to Section 11-04-04.4:
            (a)   The possibility for public or private streets that would provide greater connectivity to the area;
            (b)   Creating lots that will have incompatible setbacks to surrounding parcels (i.e. side yards adjacent to rear yards);
            (c)   The creation of multiple driveway access points on a collector or arterial roadway when a public or private street could avoid the situation;
            (d)   Creating a larger remnant parcel that could otherwise be included in an overall subdivision; and
            (e)   New property lines configured in a way that could create future setback or access issues.
   4.   Subdivision of Land:
      A.   Applicability: All divisions of land into parcels of one or more lots or tracts for development shall be required to complete the Subdivision of Land process, except:
         (1)   Divisions of land that are exempt from the Record of Survey and Subdivision of Land process pursuant to Section 11-04-04.2.B; or
         (2)   Divisions of land that are eligible to obtain a Record of Survey pursuant to Section 11-04-04.3.
      B.   General: No Building Permit for the construction of any new structure upon property within a proposed Subdivision of Land shall be issued until the Subdivision Plat has been recorded.
      C.   Design Standards: All Subdivisions of Land shall comply with the following standards unless Section 11-05-05.4.F, Subdivision Plat - Preliminary or another provision of this Code provide a different standard or requirement.
         (1)   Sensitive Lands: All Subdivisions of Land shall comply with the standards in Section 11-04-05, Sensitive Lands applicable during the subdivision process.
         (2)   Access and Connectivity:
            (a)   All Subdivisions of Land shall comply with the standards in Section 11-04-07.4, Access and Connectivity applicable during the subdivision process, including standards related to block layouts, maximum block dimensions, street and mobility networks, and perimeter access points.
            (b)   Partial street dedications shall not be permitted unless the street forms the boundary of the property being subdivided, the adjacent property is not under common ownership, and the street is anticipated to be a through street upon development of adjacent properties. All partial street dedications shall require construction of partial street Sections that meet Ada County Highway District (ACHD) standards.
         (3)   Common Drives: Common driveways shall only be permitted in unique circumstances where the configuration benefits the design of the development, reduces the number of public street access points, can accommodate the collection of all applicable types of solid waste in an organized and efficient manner, and does not impede pedestrian, bicycle, and vehicular travel within the public right-of-way. Common driveways may serve Single-Family Detached, Single-Family Attached, and Duplex Dwellings and shall:
            (a)   Provide safe and effective movement of vehicular, pedestrian, and bicycle travel;
            (b)   Provide continuous, safe, and efficient pedestrian and bicycle facilities;
            (c)   Not adversely affect access to adjacent properties or the public transportation network;
            (d)   Not interfere or decrease public access to adjacent property or places of public interest;
            (e)   Not connect one public street to another, unless specifically approved by the Planning Director;
            (f)   Not interrupt the continuity of public streets or the public street network;
            (g)   Be located within a common lot owned and maintained by the homeowner's association. A perpetual recorded ingress/egress access easement and an agreement for maintenance for the common driveway, sidewalks, and any required landscaping shall be recorded prior to issuance of Building Permits.
            (h)   Accommodate all driveway storm water runoff within a facility located in the common lot; and
            (i)   Comply with the ACHD ISPWC (Idaho Standards for Public Works Construction) structural standards for streets, as shown on design and construction documents prepared and certified by a registered professional engineer.
         (4)   Design:
            (a)   Common driveways shall comply with the following standards:
            (b)   Access may be allowed to no more than six lots.
            (c)   The minimum pavement width, including required ribbon-curbing along each side, shall be 24 feet. The maximum length shall be 150 feet.
            (d)   "No parking" signs shall be placed on the common driveway. Required off-street parking shall be set back a minimum of 20 feet from the edge of the common driveway.
            (e)   Shall terminate in an appropriate turnaround as approved by the Fire Department.
            (f)   Lots that abut a common driveway shall take access from the common driveway and not the public right-of-way.
            (g)   All utility easements shall be within the common lot of the common driveway.
         (5)   Block Numbering: Block numbers shall be designated as required by Idaho Code.
         (6)   Lot Layout:
            (a)   Dimensions: All lot areas, dimensions, and minimum street frontages shall comply with the standards in Section 11-04-03, Lot and Building Forms and Dimensions for the zoning district in which the lot is located, unless otherwise provided in this Code.
            (b)   Double Frontage Lots: Double frontage lots are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this requirement. Lots with double frontage shall be limited to one street access on one frontage by a plat note.
            (c)   Landlocked Parcels: All parcels that do not have the required frontage or access shall be labeled "non-buildable" on the plat. Each such non-buildable parcel shall be required to have a pedestrian ingress and egress easement unless adequate street frontage exists for a pedestrian pathway.
            (d)   Building Envelopes: To address unique site conditions or constraints, the Planning Director may require that the plat indicate a building envelope within which primary structures may be constructed.
      D.   Utility and Pathway Easements:
         (1)   Easements shall be provided as required by the utilities, and other public services.
         (2)   City Council may require applicants to reserve permanent public use easements for public access pathways, or for future improvement and maintenance by the City or landowner or association. Any easement required under this Section may be used in conjunction with or as an alternative to a public pedestrian access requirement under Section 11-04-07.4.I, Pedestrian and Bicycle Connectivity and Circulation.
         (3)   Residential projects that may be included in a Subdivision of Land at a later date shall place utilities in a street or in easements parallel and next to the street unless the City approves an alternative location.
      E.   Subdivision Buffers Along an Arterial and Collector Street:
         (1)   Front Lot Line/Property lines:
            (a)   Frontage roads separated from a collector or arterial street (as adopted in the current Ada County Highways District Master Street Map) by a landscaped median at least 10 feet wide, are permitted with approval of ACHD. The median shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
            (b)   The front lot line/property line of a parcel may directly abut a collector or arterial street provided that an ACHD-approved alley is provided at the rear of such lots to provide direct lot access. Direct lot access to the collector or arterial is prohibited.
         (2)   Side and Rear Lot Line/Property Lines:
            (a)   Except as described in Subsection (d) below, a non-buildable lot to contain required landscaped buffer areas shall be provided where single-family residential lots are adjacent to collector or arterial streets. If the creation of a non-buildable lot is impracticable, the Planning Director may authorize the creation of an easement to contain the required landscaping.
            (b)   The buffer shall be located outside of any planned future public right-of-way and outside the side and rear lines of each lot.
            (c)   The width of the buffer along arterial streets shall be a minimum of 30 feet. Along collector streets it shall be a minimum of 20 feet.
            (d)   As an exception to Subsections (a) and (b) above, if the Planning Director determines that the creation of a non-buildable lot is impracticable due to site or terrain conditions or utility locations, the Planning Director may approve the location of the buffer within one or more of the platted lots if:
               i.   In cases where the rear lot line/property line runs along an arterial or collector street, the depth of the lot is a minimum of 130 feet; and
               ii.   In cases where the side lot line/property line runs along an arterial or collector street, the width of the lot is a minimum of 80 feet
Figure 4.9. Buffer Easement within Buildable Lot
   5.   Required Improvements: All Subdivisions of Land shall be required to construct the following improvements and to comply with the requirements concerning those improvements, related land dedications, and other matters described in this Section 11-04-04.5.
      A.   Filing of Plans and Financial Surety:
         (1)   Plans for the required improvements shall be certified by a professional engineer registered in the State of Idaho, unless otherwise specifically approved by the applicable public agency.
         (2)   At or prior to the time of filing certification of the Final Plat, the applicant shall file with the Planning Director a form of financial security to secure the completion of the construction of required improvements not yet completed. All bonds or other guarantees shall be in the amount of 110 percent of the estimated cost of the improvement.
         (3)   The financial surety shall be valid for a period of at least one year in order to cover the expected period of construction. The City may allow an additional six month period for construction if the validity of the financial surety is extended to cover that six month extension and the applicant pays all fees and costs to extend the surety and increases the amount of the surety to cover revised construction costs. Extensions of bond surety and construction time beyond this initial six month extension may be approved by the City Council upon a showing of undue hardship and the payment of all required fees.
         (4)   Improvement(s) installed by the applicant as a condition of platting shall require certification that the construction is in accordance with approved plans.
         (5)   After the completion of required improvements, the applicable public agency shall certify the completion and acceptance of those improvements in writing and shall transmit a copy of the certification to the applicant. Upon receipt of the certification, the City shall authorize release of the financial guarantee upon application.
      B.    Water Lines and Hydrants:
         (1)   In all Subdivisions of Land, the applicant shall provide central water lines and fire hydrants that comply with all applicable City, state, and other governmental regulations, unless an alternative form of water supply has been approved by City Council.
         (2)   Alternate provision for domestic water supply and fire protection may be approved by City Council if Council determines that the proposed alternative meets the standards of the City Fire Code, the Idaho Public Utilities Commission, the Idaho Department of Water Resources, and the Idaho Department of Health, and subject to any conditions imposed by City Council to protect public health, safety, and welfare.
      C.   Sanitary Sewer: In all Subdivisions of Land, the applicant shall provide sanitary sewers that comply with all applicable city, state, and other governmental and agency provider regulations. Plans and specifications shall be approved by the appropriate sewer entity prior to signing of the Final Plat by the City Engineer.
      D.   Drainage: In all Subdivisions of Land, the applicant shall provide storm drainage facilities that comply with all applicable City, state, and other governmental regulations, including without limitation ACHD design and review requirements related to storm drainage.
         (1)   All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. For purposes of this provision, the term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and that serve a relatively small area where runoff is infrequent.
         (2)   Relocation of natural swales is only permitted if the applicant meets applicable standards and regulations related to drainage hydraulics and ease of maintenance.
         (3)   The City Council may require the reservation of an easement along any stream or important surface drainage course located in a proposed Subdivision of Land for the purpose of widening, deepening, sloping, improving, or protecting the stream or drainage course.
      E.   Irrigation Conveyance:
         (1)   No ditch, pipe, or structure for delivery of irrigation water or for carrying irrigation wastewater shall be obstructed, rerouted, covered, or changed in any way unless it has been approved in writing by the authorized representative of the person(s) owning the water rights delivered or diverted by means of the ditch. The applicant shall be required to provide such written authorization to the City prior to approval of the Final Plat.
         (2)   Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district.
         (3)   In the event the applicant cannot obtain a response for the modifications proposed from the authorized representative of the water entity, approval shall be assumed to be obtained if the following documents are submitted to the Planning Director:
            (a)   Copy of certified letter to the authorized representative along with documentation of receipt of letter. The letter to the authorized representative shall be accompanied by plans and shall request written approval forwarded to the Planning Director within 30 days of receipt.
            (b)   Letter from a registered professional engineer stating that the improvements and/or modifications to the ditch, lateral, canal, or drain will meet the provisions of Titles 31 and 42 of the Idaho Code, relating to requirements of delivery of water to downstream users.
      F.   Street Lighting: All applicants subdividing within the City limits shall be required to install street lights that comply with Public Works specifications and standards.
      G.   Access and Connectivity Improvements:
         (1)   The applicant shall construct those improvements required by Section 11-04-07, Access and Connectivity unless the City has approved in writing an alternative or adjustment of the requirement to construct such improvements.
         (2)   All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to issuance of any Residential Certificate of Occupancy in the development.
      H.   Land Dedications:
         (1)   General:
            (a)   The applicant shall dedicate to the City, or to the entity responsible for providing the services listed in Sections 11-04-04.5.B through 11-04-04.5.G above, the land on which the facilities related to the provision of that service is located, unless the City or service provider entity requests that the applicant retain ownership of the land subject to a lease or other agreement allowing for the provision of the service.
            (b)   The dedication shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
         (2)   Park or School Sites: Whenever the applicant desires or proposes to reserve area for a school or public park, the area shall be shown on the Subdivision Plat, and the applicant shall provide documentation that the proposed site is acceptable to the school district and the City, as applicable. Written acceptance of the dedication of any proposed school site by the appropriate school entity, and written acceptance of any proposed park by the Boise Parks and Recreation Department, shall be received by the City Engineer prior to approval of the Final Plat.
      I.   Landscaping: Required landscaped areas shall be comply with the standards in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
      J.   Pressure Irrigation:
         (1)   Unless a Variance is obtained pursuant to Section 11-05-05.3.L, a pressurized individual lot irrigation system is required for any residential subdivision.
         (2)   Irrigation system maintenance and operation shall be provided by the irrigation district or canal company, a municipal irrigation district, a Homeowners' Association, or another entity capable of operating and maintaining a pressurized irrigation system.
      K.   Written Assurance:
         (1)   Written assurance that provisions have been made for ownership, operation, and maintenance of the system is required before the plat is signed by the City Engineer. Such assurance shall include a letter from an existing entity capable of owning, operating, and maintaining the system assuming responsibility for such operation and maintenance.
         (2)   If the system is to be owned, operated, and maintained by a Homeowners' Association, the applicant shall create binding covenants, conditions, and restrictions, approved by the City Attorney, providing for control, use, maintenance, and operation of the system.
      L.   Proof of Compliance: Prior to final approval of the Final Plat, the applicant shall provide proof of compliance with this Section and with Idaho Code, Section 31-3805(1)(b). (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
11-04-05: SENSITIVE LANDS:
   1.   Airport Influence Area Standards: All development within the Airport Influence Overlay district shall comply with the standards in Section 11-02-07.3.D, AI-O Airport Influence Area Overlay.
   2.   Boise River System Standards: All development within the Boise River System Overlay district shall comply with the standards in Section 11-02-07.3.E, BR-O: Boise River System Overlay.
   3.   Flood Hazard Standards: All development within the Flood Protection Overlay district shall comply with the flood hazard standards in Section 11-02-07.3.F, FP-O Flood Protection Overlay.
   4.   Hillside Development Standards: All development within the Hillside Development Overlay district shall comply with the standards in Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
   5.   Wildland Urban Interface Standards: All development within the Wildland Urban Interface Overlay district shall comply with the standards in Section 11-02-07.3.H, WUI-O: Wildland Urban Interface Overlay.
   6.   Foothills Development Standards:
      A.   Purpose: The purpose of this Section 11-04-05.6 is to implement residential subdivision density and design elements of the Comprehensive Plan in the Foothills Planning Area. It is also designed to protect and promote preservation of contiguous areas of Foothills open space that contain important and significant natural and cultural resource values, as identified in the Comprehensive Plan and this Code.
      B.   Applicability:
         (1)   This Section 11-04-05.6 shall apply to all proposed developments in the Foothills Planning Area at the time an Annexation is proposed and/or a Zoning Map Amendment is requested.
         (2)   The standards of this Section 11-04-05.6 also apply to developments within the Hillside Development Overlay as described in Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
      C.   General Requirements:
         (1)   In addition to application materials otherwise required for an annexation or rezoning, applications for development in the Foothills Planning Area shall include materials required for a Hillside and Foothill Areas Development Permit, and where applicable, a Floodplain Permit.
         (2)   Upon annexation the buildable areas shall be zoned as R-1A, and shall be required to comply with the provisions of this Section 11-04-05 .6, unless City Council determines that some buildable areas not including steep slopes or sensitive lands shall be zoned R-1B in return for the zoning of other A-1 for preservation as open space.
         (3)   Developments shall be required to connect to municipal water and sewer services and participate in other municipal service districts as applicable.
      D.   Permitted Development Densities:
         (1)   Additional Dwelling Units Permitted:
            (a)   In return for the preservation of open space, applicants shall be permitted to develop additional dwelling units beyond those permitted in the existing base zoning district(s) pursuant to the formula in Table 11-04.6 .
            (b)   These provisions do not increase the area of the site that may be developed, but increase the number of units that may be developed within the same buildable area. Additional dwelling units may be added to the density base units without the requirement for additional open space preservation.
            (c)   The number of additional dwelling units permitted is based upon the ratio of (i) buildable area to be preserved as open space to (ii) the buildable area to be developed.
            (d)   Additional dwelling units are allowed based on the percentage of built area occupied and open space dedicated as shown in Table 11-04.6 : Density Bonus Formula, provided that the formula is unchanged. If the numbers for the applicant's built area fall in between the numbers provided in the left-hand column, the density bonus will be calculated based on built area shown in the table that is closest to, but higher than, the applicant's built area. For example, if the applicants project has a built area equal to 73 percent of the site area, the density bonus will be based on the factors shown for a project with a built area equal to 75 percent.
            (e)   The density formula may be adjusted to allow density transfers from non-contiguous parcels after a Transfer of Development Rights (TDR) ordinance is in effect.
TABLE 11-04.6: DENSITY BONUS FORMULA
BUILT AREA (PERCENT)
OPEN SPACE DEDICATED (PERCENT)
DENSITY BONUS (UNITS/ACRE)
BUILDABLE AREA ON 100 ACRES AFTER OPEN SPACE SET- ASIDE (ACRES)
NUMBER OF BONUS UNITS
TABLE 11-04.6: DENSITY BONUS FORMULA
BUILT AREA (PERCENT)
OPEN SPACE DEDICATED (PERCENT)
DENSITY BONUS (UNITS/ACRE)
BUILDABLE AREA ON 100 ACRES AFTER OPEN SPACE SET- ASIDE (ACRES)
NUMBER OF BONUS UNITS
75
25
0.5
75.0
38
69
31
0.75
68.8
52
63
37
1.0
62.5
63
56
44
1.25
56.3
70
50
50
1.5
50.0
75
44
56
1.75
43.8
77
38
62
2.25
37.5
84
31
69
3.0
31.3
94
25
75
4.0
25.0
100
 
         (2)   Eligible Preserved Open Space:
            (a)   Preserved open space eligible for a density bonus based on Table 11-04.6 : Density Bonus Formula, shall comply with the following requirements:
               i.   The open space shall be classified as priority open space in Subsection (4) below.
               ii.   The open space shall be at least one acre in size and shall have an average width of at least 30 feet.
               iii.   The open space shall not have a slope greater than 25 percent.
            (b)   Public rights-of-way that connect development pockets and provide access to public open space may be included in the density calculation for open space.
            (c)   Roads within a development pocket and other public rights-of way that have dwelling units fronting or siding onto them shall not be included in density calculations for open space.
         (3)   Ineligible Preserved Open Space:
            (a)   The following shall not be considered as preserved open space in the density bonus calculation, except as may be provided in Subsection (4):
               i.   Urban development such as club houses, tennis courts, swimming pools, dirt bike tracks, golf driving ranges, and similar uses that dramatically alter land from its natural state; and
               ii.   Commercial land uses.
            (b)   Park sites internal to a subdivision or development may only be included as eligible open space when they are retained in a primarily natural condition and include a significant opening from the subdivision or development into a larger designated open space outside the subdivision or development.
         (4)   Priority Open Space:
            (a)   Some areas of the Foothills have a combination of characteristics that cause them to be considered worthy of special incentives for preservation, even if they do not meet those size, slope, or dimensional standards to qualify as open space eligible for a density bonus under Subsection (2) above. When these areas are identified on a property and proposed for preservation, the PZC may classify them as priority open space and allow all or a portion of them to qualify for the approval of additional dwelling units.
            (b)   General Eligibility Criteria: Priority open space shall include at least four of the following characteristics to be eligible for a density bonus:
               i.   Wetlands;
               ii.   Riparian areas;
               iii.   Rare plant communities;
               iv.   Critical deer and elk winter range and migration corridors;
               v.   Potential Public Preservation Sites as documented by the HPC;
               vi.   Unique geologic or visual features;
               vii.   Archeological or other historic sites;
               viii.   Designated trails and trailheads in the Ada County Ridge to Rivers Pathway Plan;
               ix.   Other public trails and trailheads as approved by the Parks and Recreation Board;
               x.   Areas adjacent to publicly held open spaces or areas that have been identified for consideration as permanent public open space; or
               xi.   Areas that have been dedicated to or acquired by a public agency through a discounted sale.
            (c)   Additional Criteria for Steeply Sloped or Fragmented Open Space
               i.   Preservation of priority open space in steeply sloped areas or in fragmented pieces shall only be eligible for approval of additional dwelling units if it meets the following criteria, as determined by the Planning and Zoning Commission after receiving input from the Idaho Department of Fish and Game, the Parks and Recreation Board, and other public agencies with expertise in the issue at hand in determining the proper amount to be allowed to be set aside in return for a density bonus.
                  A.   Public access is provided to the priority open space;
                  B.   The open space protects important vegetation, terrain, or scenic views and vistas that could be damaged or destroyed from an allowed use such as mining, logging, grazing, or construction of utilities or infrastructure;
                  C.   The open space links interspersed eligible areas into a more biologically complete and continuous wildlife corridor; or
                  D.   The open space is dedicated to or acquired by a public agency through a discounted sale.
               ii.   Links type golf courses may be permitted in designated preserved open space, provided that the intervening spaces are maintained in a primarily natural condition. Golf courses shall use native plants and natural contours shall be left intact. Parking lots, club houses, driving ranges, maintenance facilities, and similar golf related uses shall not be counted as open space contributory to the density bonus. Designated trails and park sites shall be preserved in or around the golf course.
         (5)   Design Standards:
            (a)   General Standards:
               i.   Residential uses shall be clustered in development pockets rather than scattered throughout the property.
               ii.   Development pockets shall comply with design principles in the Comprehensive Plan concerning clustering, environmental protection, open space conservation, and scenic and aesthetic goals.
               iii.   Gated entrances are prohibited due to the potential for such limited access to restrict or delay emergency response.
               iv.   Designated open space shall be linked to the maximum extent practicable.
               v.   Disturbance of the land shall be minimized, and development shall be avoided in areas that would require excessive grading, cut, and fill.
               vi.   Road and trail access to adjacent properties shall be provided to prevent landlocked parcels or breaks in the trail systems, and to provide the opportunity for future connectivity.
               vii.   Roads and infrastructure shall not cross designated open space, floodways, wetlands, and areas of high wildlife habitat value to the maximum extent practicable.
            (b)   Standards for Trails: Trails that comply with the following design standards shall be provided as part of the subdivision or development.
               i.   The Ada County Ridge-To-Rivers Pathway Plan shall guide trail locations.
               ii.   Public access to trails within and contiguous to the development shall be provided, unless no contiguous or intersecting public trails exist or are proposed, in which case private trails may be established through the open space, provided that the design preserves the natural character and wildlife habitat value.
               iii.   Trail design shall preserve the natural scenic and wildlife habitat values to the maximum extent practicable.
               iv.   Public trails shall be secured through dedication, easement, or other such binding mechanism, and shall be shown on the Subdivision Plat.
            (c)   Standards for Preserved Open Space: Priority open space shall be preserved and managed to comply with the following standards.
               i.   Contiguous areas of open space within the development and adjacent properties shall be preserved by aligning them along common corridors to the extent possible.
               ii.   Indigenous plant species, except for noxious and invasive weeds, shall be maintained undisturbed to the extent possible.
               iii.   Areas of highest wildlife habitat value and migration corridors in designated wildlife habitat identified in the Comprehensive Plan shall be preserved.
               iv.   Unique geologic and historic features defined as heritage sites, and sites designated for historic preservation by city, state, and federal agencies shall be preserved.
               v.   Landslide areas and areas with unstable soils shall not be developed.
               vi.   Fencing shall not encroach into preserved open space.
               vii.   Agricultural or utility uses may be permitted in open spaces, including livestock grazing, community gardens, or irrigation ponds, and only including those buildings, structures, and necessary appurtenances required by those uses, such as dams and irrigation or drainage systems. These use exceptions shall comply with the policies of the Foothills Policy Plan, shall be shown on the site plan, and shall not degrade the value of the permanent open space.
               viii.   Fencing shall not encroach into preserved open space.
            (d)   Grading and Building Disturbance Envelopes:
               i.   Building envelopes may be required to be shown on the final site plan, and if required shall be recorded or referenced in the notes on the Final Plat.
               ii.   Slopes greater than 25 percent shall be shown on the Conditional Use Permit site plan with a disturbance envelope that defines the area outside of which no grading will be allowed.
         (6)   Ownership and Maintenance of Open Space:
            (a)   Open space areas may be owned and maintained:
               i.   By and for the use of the Homeowners' Association of the project of which it is a part;
               ii.   By any neighboring Homeowners' Association with abutting preserved open space;
               iii.   By an organization managing adjacent lands held as permanent open space and jointly maintained under a Development Agreement with the City;
               iv.   By the City, if the open space is dedicated or sold to the City after a recommendation of approval to accept such lands by the Board of Parks and Recreation, Planning and Zoning Commission, or other public agency, or a private land trust for open space uses, as noted in a Development Agreement approved by City Council; or
               v.   Through other open space preservation strategies under sole or joint ownership, such as deed restrictions, or conservation easements, as executed when approved by the City.
            (b)   Where the goals and policies of adopted plans specify the need for public trails or open space, easements for public lands or trails may be required. Trails or open spaces may be held in private ownership subject to an easement, or may be purchased by the City, or dedicated by the landowner(s) to the City.
            (c)   The City will accept no responsibility for the costs of maintenance of open space or recreational facilities unless the Board of Parks and Recreation, PZC, and the City Council specifically approve that responsibility in a written agreement. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
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