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.
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 |
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. [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.
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 |
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.
STRUCTURE OR FEATURE | CONDITIONS OR LIMITS |
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.
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.
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.
(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.
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.
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.
(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
(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:
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)