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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.
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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.
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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.
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(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
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(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)
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:
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.
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(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).
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(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:
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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
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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.
(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
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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)
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.
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.
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 |
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)
A. Provide standards that will help to reinforce existing and desired development patterns and building features intended to implement the Comprehensive Plan;
B. Design sites and orient buildings with an emphasis on character and creating a comfortable walking environment;
C. Design buildings that respond to the unique context of the site;
D. Reduce impacts to wildlife;
E. Promote original and distinctive building design; and
F. Incorporate sustainable development practices.
3. Compliance with Additional Form and Design Standards Required:
(2) All new Multiple-Family, mixed-use, and nonresidential development, including but not limited to Parking Garages shall comply with all other standards and mandatory content related to building design in the Citywide and Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
(3) Residential uses with four or fewer units in a single structure are exempt from these standards.
B. In the event of a conflict between two or more standards in this Section 11-04-06, or between the standards in this Section 11-04-06 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.
4. General Site and Building Design Form Standards:
A. Buildings and Parking Placement: In all zoning districts except the R-1A, R-1B, R-1C, A-1 and A-2 zoning districts, each primary building and each parking garage shall be located so that no surface parking lot is located closer to any abutting street than the façade of the building or parking garage fronting that street.
B. Building Entrances:
(1) At least one pedestrian entry to each primary building shall be visible and directly accessible from at least one of the adjacent streets unless Subsection (3) below requires additional pedestrian entries or Subsection (4) below requires pedestrian entries in different locations.
(2) At least one pedestrian entry to each primary building shall be visible and directly accessible from any pathway designated on the Boise Pathways Master Plan that is located on the same lot or on an abutting lot.
(3) On each primary building frontage exceeding 100 feet in length that has a nonresidential ground floor use, at least one pedestrian entry to the building shall be visible and directly accessible from the street within each 50 horizontal feet of building length.
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(4) In districts with an established pattern of building entrances facing the street, new buildings shall be designed with entrances complying with the established pattern to the maximum extent practicable.
(5) Regardless of whether the entry is required by Subsections (1) through (3) above, each outward opening pedestrian entry facing a street shall be designed so that it does not encroach on or interfere with pedestrian passage along any designated sidewalk.
(6) Regardless of whether the entry is required by Subsections (1) through (3) above, each pedestrian entry that provides access to a primary building or parking lot, and that faces a street or a surface parking lot, shall incorporate a covered area providing weather protection to those entering or leaving the building. Each covered weather protection feature shall extend at least five horizontal feet outward from the façade of the building or be inset a minimum of five feet into the façade of the building. Weather protection may be accomplished by canopies, arcades, awnings, or other building features. Covered areas shall not drain onto sidewalks.
C. Façade Transparency:
(1) If the ground floor of the building is located within 10 feet of the sidewalk, at least 40 percent of the ground floor, street-facing façade between four and eight feet above the sidewalk, shall be transparent.
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(2) If the ground floor of the building is located between 10 and 20 feet from the sidewalk, at least 25 percent of the ground floor, street-facing façade between four and eight feet above the sidewalk shall be transparent.
(3) When the ground floor of the building is occupied by residential uses, at least 15 percent of the street-facing façade (all vertical surfaces generally facing the street) shall be transparent.
(4) Window glazing on the bottom two floors on street-facing façades of each primary building that does not provide visibility into residential dwelling units shall achieve a visible transmittance ratio (VT) of at least 0.60.
(5) At least 90 percent of the glazing of any building façade shall include features that enable birds to perceive the glass as a solid object using at least one of the following treatments:
(a) Non-reflective glass or window film that is opaque or translucent;
(b) External screens installed permanently over glass windows;
(c) Paned glass with mullions on the exterior of the glass;
(d) Glass covered with patterns (e.g., dots, stripes, images, abstract patterns. lettering), etched. fritted, stenciled, silkscreened, applied to the glass on films or decals, or another method of permanently incorporating the patterns into or onto the glass. Elements of the patterns shall be at least one-eighth (1/8) inch tall and separated no more than two inches vertically, at least one-quarter (1/4) inch wide and separated by no more than four inches horizontally; or
(e) Other glazing treatments providing an equivalent level of bird safety and approved by the Planning Director.
D. Building Façade Articulation: Each street-facing façade of a primary building shall be designed to avoid undifferentiated wall planes by dividing street-facing façade into a series of smaller horizontal and vertical components that comply with the following standards.
(1) Each street-facing façade shall incorporate at least three of the following elements within each 50 horizontal feet of the building façade:
(a) Use of vertical piers or columns;
(b) Change in building material or siding style;
(c) Providing vertical building modulation of at least 12 inches in depth;
(d) Projections, recessions, or reveals that include but not limited to, columns, pilasters, cornices, and bays, and having a change of wall plane that is a minimum of 12 inches in depth;
(e) A change in building material, siding style, or color; and/or
(f) Other methods as approved by the Planning Director.
(2) In the Industrial zoning districts, each street-facing façade shall follow what is required in the Citywide Design Review Standards and Guidelines.
5. Use-Specific Building Form Standards:
A. Applicability:
(1) All uses listed in Table 11-03.1
: Table of Allowed Uses, as an Allowed Use shall comply with the following Use-Specific Form Standards (the Allowed Forms), as applicable to the zoning district in which the property is located. In the event of a conflict between these standards and applicable standards in Chapter 11-02
, Zoning Districts or in Subsections 3 or 4 above, the standards in this Subsection 5 shall apply.
(2) If an application for an allowed use does not comply with one or more of the Allowed Form standards in this Section 11-04-09.5, an Alternative Form for the building or development containing the use may be approved by the Planning Commission pursuant to Section 11-05-05.3.A, Allowed Use with Alternative Form.
(3) These standards shall apply to all new construction or site redevelopments that result in the expansion and alteration of the gross floor area of an existing primary building by 50 percent or more.
B. Uses Located in the MX-1 District:
(1) The use shall be located in a building at least two stories in height; or
(2) The use shall be located in a building or development containing at least two different uses listed in Table 11-03.1
: Table of Allowed Uses;
C. Uses Located in the MX-3 District:
(1) The use shall be located in a building at least four stories in height; and
(3) As an alternative to Subsection (2) above, a Multiple-Family Dwelling may meet the requirements of Section 11-04-03.7.D(4) regarding affordable housing and sustainable development and earn the related incentives.
D. Uses Located in the MX-4 District:
(1) The use shall be located in a building at least four stories in height;
(2) The use shall be located in a building or development that does not include a surface Parking Lot;
(3) The use shall be located in a building or development that does not include a Parking Garage with a greater number of vehicle parking spaces than the minimum required by Section 11-04-08.5, Minimum and Maximum Off-Street Parking Standards, as adjusted pursuant to Section 11-04-08.7, Parking Adjustments; and
(4) The use shall be located in a building where at least 80 percent of the ground floor street frontage is occupied by uses that are in active use by occupants or users of the building or development, or by the general public. This requirement is not met by ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street frontage.
(5) As an alternative to Subsections (2), (3), and (4) above a Multiple-Family Dwelling may meet the requirements of Section 11-04-03.7.D(5) regarding affordable housing and sustainable development and earn the related incentives.
E. Uses Located in the MX-5 District:
(1) The use shall be located in a building at least four stories in height;
(2) The use or development shall not include a Surface Parking Lot outside of the building footprint; and
(3) The use shall be located in a building where at least 80 percent of the ground floor street frontage is occupied by uses that are in active use by occupants or users of the building or development, or by the general public. This requirement is not met by ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street frontage. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)
1. Purpose: The purpose of this Section 11-04-07 is to support the City's mobility and climate goals by providing comfortable walking, cycling, transit and other active modes of transportation in new development and the redevelopment of property.
2. Applicability: Unless otherwise stated in this Code, all development of vacant land, all construction of new structures, all modification of existing structures, and the Subdivision of Land, and developments on parcels shall comply with the standards of this Section 11-04-07.
3. General:
A. Compliance with Life Safety Regulations: In addition to all other provisions of this Section 11-04-07, all developments shall comply with all applicable regulations and ordinances for fire protection, emergency vehicle access, and life safety adopted by the City, including those that may limit the number of residential dwelling units relying on a limited number of vehicle access points. If there is a conflict between the requirements of this Section and life safety standards, the Planning Director in consultation with the Ada County Highway District (ACHD) and the Idaho Transportation Department shall determine which standard shall apply.
B. Americans with Disabilities Act:
(1) Compliance with the Americans with Disabilities Act ("ADA") and other federal and state accessibility laws is the sole responsibility of the property owner. Compliance with this Code does not assure compliance with the ADA or any other federal or state accessibility laws or any regulations or guidelines enacted or promulgated under or with respect to such laws. The city is not responsible for enforcement of the ADA or any other federal or state accessibility laws.
(2) All development shall comply with accessibility requirements based on the most recent version of the International Building Code and the International Code Council, or any future update of that document adopted by Boise City.
(3) Where a project develops or redevelops property in the MX-5 district with street frontage adjacent to one or more of the City's ADA accessible on-street existing or planned parking spaces, the applicant shall reconstruct the curb to include an ADA compliant pedestrian access ramp from the street level to the sidewalk along each such frontage. The design shall comply with the federal Public Right-of-Way Accessibility (PROWAG) Guidelines to the maximum extent practicable. The map of ADA accessible on-street parking spaces is available on the City's website.
C. Compliance with Solid Waste Ordinance and Solid Waste Design Standards: All developments shall comply with all applicable regulations, ordinances, and design standards for solid waste adopted by the City, including specifics around site design and solid waste service. All designs shall include measures to protect pedestrians and bicyclists to the maximum extent practicable. If there is a conflict between the requirements of this Section and solid waste design standards, the Planning Director in consultation with the Director of Public Works shall determine which standard shall apply.
4. Design Standards:
(1) Provide safe and convenient access for bicyclists, pedestrians, and vehicles to and from perimeter streets, parks, schools, public transit facilities, public and private institutions to the maximum extent practicable.
(2) Provide safe and convenient access for bicyclists and pedestrians to and from existing and proposed pathways and trails existing or designated on a Subdivision Plat, the Boise Pathways Master Plan, or other adopted City or ACHD plans.
(3) Accommodate safe, convenient, and comfortable pedestrian and bicycle travel on streets, or on off-street pathways. In cases where the street network cannot be designed to accommodate pedestrian or bicycle travel due to soil, topography, easement, or other constraints.
(4) Except for designated collector and arterial streets, allow individuals traveling within a development or subdivision, and to and from properties adjacent to that land, without accessing the collector or arterial street network.
(5) Incorporate traffic calming strategies, including but not limited to curb extensions, median islands, speed bumps, chicanes, traffic filters, and neighborhood traffic circles, into street networks to the maximum extent practicable. Traffic calming devices that can significantly impede the response of or possibly damage emergency vehicles and equipment, such as speed bumps are not allowed.
B. Public Streets:
(1) General: Public streets shall be accepted, dedicated to, and owned by the Ada County Highway District (ACHD), Idaho Department of Transportation, or other governmental or quasi-governmental entity.
(2) Street Design:
(a) The design of all streets shall conform to requirements established by the National Association of City Transportation Officials (NACTO), ACHD, and the Idaho Transportation Department. Where there is a conflict in the standards, the City will require the design that achieves the highest level of safety and comfort.
(b) Street intersections in residential areas shall create a 90 degree intersection to the maximum extent practicable.
(3) Street Grades: Street grades shall comply with applicable ACHD and adopted fire safety standards.
(4) Dead-End Streets:
(a) Dead-end streets shall not be permitted, except streets temporarily terminating at the boundary of a subdivision may be allowed when ACHD or City Council determines the extension of the street is necessary for the proper development of the street pattern. An approved turnaround shall be required at the terminus of all temporary and permanent dead-end streets. A sign indicating the street is planned to be extended in the future will be installed at the end of the street.
(b) A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lots are not accessible for solid waste collection vehicles to turn around completely.
(5) Street Names: Street names shall be approved by the Ada County Land Records Division.
(6) Street Access:
(a) Each lot shall have direct access to a public street or alley that has been improved to applicable street standards and has been accepted, dedicated to, and accepted by the Ada County Highway District, or shall have access to a private street that has been improved to applicable City private street standards.
(b) If alley access to individual lots is available, access points from that lot to an abutting street shall be prohibited unless the Planning Director determines the use of the alley access is impracticable due to the nature or operating characteristics of the proposed use on the lot.
(c) Where alley access is not available or use of alley access is impracticable, street access points between abutting parcels shall be consolidated and shared to the maximum extent practicable.
(d) Where alley access is not available and a lot has frontage on two or more streets, a single street access point shall be located on the street with the lowest traffic volume to the maximum extent practicable, unless the Planning Director determines that the access point on the street with the lowest traffic volume will adversely impact planned and existing pedestrian and bicycle facilities.
(7) Gated Streets, Driveways, and/or Subdivisions:
(a) After the Effective Date, the use of access control gates that restrict access to new or existing developments in any Residential or Mixed-Use zoning district or any portion of a Planned Unit Development, is prohibited.
(b) Gates are permitted to be installed for security purposes in the Industrial or Open Lands zoning districts provided they are set back at least 30 feet from the public right-of-way line.
(8) Insufficient Roadway Width: When shorter segments of curb and gutter improvements are not feasible as determined by the Planning Director, a substitute physical demarcation or barrier shall be installed to provide a clear boundary between required landscaping and orderly, parallel, on-street parking, and to accommodate storm drainage. An approved barrier such as ribbon curbing with vertical landscaping, low fencing, or other approved means shall be installed to ensure the public right-of-way does not become an area that is unmaintained and, if feasible, allows
for on-street parking
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C. Private Streets:
(1) General: Private streets are strongly discouraged and shall only be permitted when approved by the Planning Director based on unique circumstances that make the construction and dedication of public streets impracticable. When approved by the Planning Director, private streets shall comply with standards in Subsection B above and, shall be located and designed to:
(a) Provide safe, convenient, and comfortable movement of vehicular, bicycle and pedestrian travel;
(b) Not adversely affect access to adjacent properties or the public transportation network;
(c) Not interfere with or decrease public access to adjacent property or places of public interest;
(d) Not connect one public street to another, unless otherwise approved by the Planning Director;
(e) Not interrupt the continuity of public streets or the public street network; and
(f) Comply with the ACHD structural standards for streets, as shown on design and construction documents prepared and certified by a registered professional engineer.
(2) Single-Family-Detached/Single-Family Attached/Duplex Residential
(a) Private streets are permitted in Single-Family Detached, Single-Family Attached, and Duplex Dwelling developments, provided they comply with the general requirements in Subsection (1) above and:
i. The parcel shape or site topography will not allow the street design to meet ACHD width standards for public streets; or
ii. Compliance with ACHD public street standards is in conflict with the intent of minimizing disruption to vegetation or other topographical elements required by Section 11-02-07.3.G, HS-O: Hillside Development Overlay.
NUMBER OF RESIDENTIAL LOTS VS. STREET LENGTH | MINIMUM RIGHT-OF-WAY WIDTH (FEET) | STREET WIDTH BACK OF CURB TO BACK OF CURB (FEET) | DETACHED SIDEWALK REQUIRED BOTH SIDES | DETACHED SIDEWALK EASEMENT ALLOWED |
Up to 3 lots w/ length less than 200 feet | 24 | 24 | Yes | Yes [1] |
Up to 3 lots w/ length greater than 200 feet | 28 (24 for the final 200 feet) | 28/24 | Yes | Yes [1] |
4 or more lots w/ length less than 200 feet | 24 | 24 | Yes | Yes [1] |
4 or more lots w/ length greater than 200 feet | 28 (24 for the final 200 feet) | 28/24 | Yes | Yes [1] |
Notes: [1] Setback requirements shall be from the back of sidewalk. |
D. Alleys - Public and Private: Alleys are subject to the following standards:
(1) The minimum alley width for a one-way alley shall be 12 feet.
(2) The minimum alley width for a two-way alley shall be 20 feet.
(3) Alley construction shall meet ACHD standards.
E. Cul-de-Sacs:
(1) Cul-de-sacs shall be avoided to the maximum extent practicable and shall only be permitted when unusual terrain or site conditions prevent a through street connection.
(2)
Where permitted, cul-de-sacs shall connect to the closest local, collector, or arterial street, to adjacent cul-de-sacs, or to any adjacent existing or proposed public open space, park, pathway, trail or school with a pedestrian easement or public right-of-way at least 15 feet in width shown on the Subdivision Plat, unless deemed impracticable by the Planning Director.
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F. Block Size and Design: Where a Subdivision Plat includes streets in a Residential or Mixed-Use zoning district, the dimensions of each new block created shall meet the following standards to the maximum extent practicable in light of topographic conditions.
(1) The length of new blocks created shall not exceed 330 feet in width and 660 feet in length.
(2) Each block shall be bordered by public or private streets meeting the requirements of this Section 11-04-07.4 and with all applicable Ada County Highway District technical requirements.
(3) The Planning Director may adjust the standard in Subsection (1) above if the Planning Director determines that a larger perimeter is necessary because of constraints or unusual terrain or site conditions that make it impracticable to design blocks of this size, and that the reduced internal vehicle, bicycle, and pedestrian circulation caused by the larger block perimeter have been mitigated to the maximum extent practicable.
G.
Cross-Access between Adjacent Mixed-Use and Nonresidential Uses: All development or redevelopment in Mixed-Use, Industrial, or Open Land zoning districts shall comply with the following standards.
(1) To the maximum extent practicable, each lot layout shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points to a street. This may be established by one or more of the following:
(a) Connecting streets and driveways;
(b) Coordinating parking lot and parking structure entrances;
(c) Common service/delivery areas;
(d) Legally shared parking lots and parking structures;
(e) Linkages between parking lots and parking structures; or
(f) Providing shared access for two adjacent lots from public rights-of-way to minimize driveways.
(2)
When cross-access is deemed impractical by the Planning Director on the basis of topography, the presence of natural features, or vehicular, bicycle and/or pedestrian safety, this requirement may be waived provided that appropriate bicycle and pedestrian connections are provided between adjacent Multiple-Family, mixed-use or nonresidential developments or land uses.
H. Transit Stops:
(1) Where an adopted plan of the City or a transit agency recognized by the City identifies a future transit stop location, no permanent or temporary structure, or utilities that are not transit supportive shall be located in any portion of the site identified for that transit stop, or for access points or parking facilities required by this Code. Transit footings or structures shall be installed at the time of development of the site to the maximum extent practicable.
(2) Use of those portions of the site shall be limited to a transit stop, required landscaping, buffering, and open space until arrangements for the dedication or acquisition of that portion of the site for transit stop purposes is finalized, or until the City or the transit agency that designated the location indicates in writing that it is no longer needed for transit stop purposes.
I. Pedestrian and Bicycle Connectivity and Circulation: All development and redevelopment shall comply with the following standards to the maximum extent practicable. In the event of a conflict between these standards and those in another provision of this Code, the standard requiring the greater level of connectivity shall apply.
(1) Sidewalks and Pedestrian Facilities: Unless otherwise required by specific standards applicable to the Residential and Mixed-Use zoning district, by the Boise Pathways Master Plan or other adopted plan, or standard adopted by the City:
(a) All sidewalks shall be a minimum of five feet wide. A minimum of 10 foot wide sidewalks shall be provided and constructed within a development if the Planning Director deems the access is beneficial to provide pedestrian and bicycle access to schools, playgrounds, shopping areas, transportation, or other community facilities.
(b) Detached sidewalks shall be required on both sides of all arterial and collector streets identified within the current ACHD Master Street Map. Detached sidewalks shall be required on both sides of all local streets, including cul-de-sacs. The Planning Director may allow attached sidewalks on local streets when it has been determined detached sidewalks are unable to be constructed due to unusual terrain, site conditions, utility conditions, or other circumstances that make the provision of detached sidewalks impracticable.
(c) When sidewalks are separated from the curb line, a minimum distance of eight to 10 feet or within an approved suspended pavement system is required to accommodate buffering and street trees required by Section 11-04-09.4, Street Frontage Landscaping shall be provided.
(d) Sidewalks internal to developments shall be a minimum of five feet wide and shall be separated from vehicular areas (including but not limited to parking spaces, driveways, and drive aisles) by a vertical barrier such as curb, bollards or other means approved by the Planning Director. Any mailboxes, signs, utility equipment, vertical structures or other items located within or near any sidewalk shall be located in an area that preserves a five-foot clear horizontal passageway and an 80-inch vertical clearance below any items projecting from the building façade for pedestrians at all points on the sidewalk.
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(2) Bikeways: Designated bicycle lanes and/or multi-use pathways are required in the design of all arterial, collector, and local streets as shown in the network maps included in the ACHD Roadways to Bikeways Plan, Boise Pathways Master Plan, Ada County Ridge-to-Rivers Trails Plan, and other adopted City or ACHD plans. In the event of a conflict between one or more plans, the Planning Director shall determine which network map and design standard shall apply.
(3) Multi-Use Pathways: Multi-use pathways, separated from motor vehicle traffic, are required where indicated on the Boise Pathways Master Plan, Ada County Ridge-to-Rivers Trails Plan, or other plans adopted by the City. The land or public easement to accommodate such pathways shall be dedicated to the appropriate entity, such as the City, Idaho Transportation Department, ACHD, or in some unique cases the Homeowners Association (HOA).
(4)
Connection to Sidewalks, Bikeways, and Multi-Use Pathways: Each extension or connection of a street or public right-of-way to an abutting property, street, or public right-of-way shall include the extension or connection of associated bikeways, sidewalks, multi-use pathways, or trails.
(5) Consent of Irrigation Easement Holder: If one or more pedestrian walkway, pathway, or bicycle facility required by this Code is proposed to be located within or across an irrigation easement, the applicant shall coordinate with the irrigation company to determine if the facility can be built within the irrigation easement. If the irrigation company does not allow the facility to be built within the easement, it is the responsibility of the applicant to identify another location within the applicant's control for the facility or crossing that will not prevent the facility from connecting to similar improvements on adjacent properties.
(6)
Design Standards: The design of all sidewalks, bikeways, and multi-use paths shall comply with all requirements in the relevant adopted City plan, ACHD plan, or technical manual such as NACTO and shall integrate with the design standards of the improvements on the adjacent development to ensure a safe, continuous, and comprehensive travel network. Where there is a conflict in the standards, the City will require the design that achieves the highest level of safety and comfort.
J. General Ingress and Egress:
(1) Driveways:
(a) Where lots/parcels are adjacent to an alley, all access to developments, parking areas, and parking garages shall be from the alley rather than from driveways leading to a street abutting the lot/parcel.
(b) Except as stated in Subsection (a) above, driveways providing reasonable access to required private or public parking areas, including garages, may extend through the front or street side setback in a perpendicular manner provided they comply with Section 11-04-07.4.J(2), below.
(c) Except as stated in Subsection (a) above, driveways that extend through the setback in other than a perpendicular manner may be approved due to physical limitations of the site or for safety purposes. The Planning Director may approve such driveways upon a determination that:
i. The driveway is required to enhance the natural elements of the site such as preserving existing trees; or
ii. The driveway is required for safety reasons such as avoiding backing into a collector or arterial street or a street with limited motorist visibility.
(d) A driveway for a Single-Family Detached Dwelling or a Duplex Dwelling shall be a minimum of nine feet in width and shall not exceed 30 feet in width for each unit unless a different maximum width is permitted or required by another provision of this Code or an adopted City standard.
(e) Circular driveways are prohibited unless specifically approved by the Planning Director based on considerations of safety.
(f) A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lot(s) are not accessible for solid waste collection vehicles to turn around completely.
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Figure 4.15. Driveway Width
(a) Applicability: Service drives may be used to provide access to commercial or Multiple-Family parking lots and spaces, loading spaces, drive-up windows, or other areas that need a provision of access.
(b) Standards:
i. Service drives shall not intersect the street where they will impede an abutting property from having access to at least one street, or where compliance with applicable intersection and driveways would interrupt the continuity of public streets.
ii. Service drives shall not encourage or promote pass through between public or private streets, unless specifically approved by the Planning Director, based on considerations of bicycle, pedestrian, or traffic safety.
iii. Service drives shall intersect a street at a 90 degree angle, unless otherwise approved by the City and the Ada County Highway District.
iv. Each service drive identified as a fire access drive shall comply with all applicable Fire Department standards.
v. A paved hammerhead turnaround 15 feet wide and 50 feet long may be required in cases where lots/parcels are not accessible for solid waste collection vehicles to turn around completely.
(c) Widths:
i. One-way service drives without parking on either side shall be a minimum of 10 feet wide. Two-way service drives without parking on either side shall be a minimum of 20 feet wide.
ii. The width of a service drive at the point where it intersects a street shall be a minimum of 10 feet in width if the street is limited to one-way traffic, or a minimum of 20 feet in width if the street accommodates two-way traffic.
iii. The width of a service drive at the point where it intersects a street shall not exceed a maximum of 36-feet for Multiple-Family, commercial or mixed-use developments and a maximum of 40-feet for industrial developments.
iv. The width between building appurtenances such as carport overhangs shall be a minimum of 24 feet.
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v. Where a service drive provides perpendicular access to a parking space or a garage, the parking space or garage shall be set back from the service drive so that the combined distance of the service drive width and the garage or parking space is a minimum of 22 feet.
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(d) Grade: Maximum grade for service drives shall be 10 percent unless a steeper grade is specifically approved by the Fire Code Official. A maximum grade of two percent, unless specifically approved by the ACHD, shall be required for the initial 80 feet from the intersecting curb to provide a landing at the junction of the service drive and the public right-of-way.
K. Mixed-Use, Industrial, and Open Land Districts Vehicular Circulation: In the Mixed-Use, Industrial, and Open Land zoning districts, access to lots located on arterial and collector streets as depicted on the ACHD Master Street Map shall meet the requirements below.
(1) Access points shall be oriented at right angles to the street.
(2) Access points shall be minimized and located a minimum of 50 feet from each other, or meet ACHD requirements, whichever is more restrictive.
(3) Access points shall be located at least 50 feet from any intersecting public street right-of-way.
(4) Access points shall be located at least 10 feet from an adjacent property line, except where one, shared driveway can be established or is planned to serve both the subject property and the adjacent property.
(5) Primary circulation and access points shall be oriented toward the abutting street with the lowest traffic volumes to the maximum extent practicable unless the Planning Director determines that the access point on the street with the lowest traffic volume will adversely impact planned and existing pedestrian and bicycle facilities.
(6) Driveways or service drives that allow all turning movements shall be aligned with one another on arterial, collector and local streets to contribute to a safe and efficient circulation pattern.
L. Pedestrian Access and Connectivity:
(1) Required Connections: All parcels that contain a Multiple-Family and nonresidential use, shall provide the following pedestrian connections, as applicable:
(a) A safe, convenient, and accessible pedestrian connection from the main entrance of a building to a public sidewalk and/or internal walkway that connects to a public sidewalk.
(b) Connections between internal and perimeter sidewalks at a maximum interval of 1,320 feet along the perimeter street.
(c) Sidewalks between the principal entrance of each building in a development containing more than one building.
(d) Connections to any sidewalks on adjacent properties that extend to the boundaries of such properties. Multiple pedestrian connections between adjacent developments shall be provided to the maximum extent practicable.
(e) Connections to community facilities on site, including, but not limited to, trash collection areas, mail collection facilities, bicycle parking and site amenities.
(f) Connections to any adjacent park, trail, or transit stop.
(2) Standards for Pedestrian Connections:
(a) Each site shall include detached sidewalks at least five feet wide, on both sides of each abutting street, unless otherwise specified by district-specific requirements for the Mixed-Use zoning districts, or as otherwise required by the Boise Pathways Master Plan or other plan adopted by the City or ACHD. All sidewalks shall be sited and illuminated appropriately to provide safe passage and observation of the pathway route.
(b) Mixed-use development and Multiple-Family Dwellings within one-quarter mile radius of a transit stop shall include a direct, on-site pedestrian connection to the transit station to the maximum extent practicable. If that is not practicable, a direct pedestrian connection to a public sidewalk leading to the nearest transit station with signage directing pedestrians the station shall be provided on site.
(c) At each point where a sidewalk shall cross a parking lot, service drive, internal street, or driveway, it shall be clearly marked using retroreflective painted lines, a change in color, change in materials, change in elevation, or some combination of those techniques, some of which are illustrated in Figure 4.18
, below.
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5. Compliance with Design Standards:
A. In addition to the standards required by this Section 11-04-07, all Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
B. In the event of a conflict between the standards in this Section 11-04-07
and applicable standards in the Citywide or Downtown Design Standards and Guidelines, the provision requiring the higher level of safety and 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)
1. Purpose: The purpose of this Section 11-04-08 is to establish standards for vehicle and bicycle parking, on-site circulation, loading areas, and parking lot design to protect the public health, safety, and general welfare by:
A. Providing necessary access for service and emergency vehicles;
B. Providing for safe, convenient, and comfortable interactions between motor vehicles, non-motorized vehicles, bicyclists, and pedestrians;
C. Encouraging active transportation options and enhanced pedestrian safety;
D. Encouraging emission free vehicles;
E. Providing flexibility to respond to the transportation, access, and loading impacts of various land uses in different areas of the city;
F. Reducing stormwater runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution;
G. Mitigating traffic congestion; and
H. Mitigating the visual impact of large expanses of exposed parking.
2. Applicability:
A. Generally: Unless otherwise stated in this Code, the standards in this Section 11-04-08 shall apply to all uses in all zoning districts.
B. Exceptions:
(1) The MX-5 zoning district is exempt from the requirement to provide off-street parking spaces, but any parking spaces provided shall comply with all other standards in this Section 11-04-08.
(2) Structured parking facilities shall be exempt from maximum parking limits.
3. General Parking Standards:
A. Use of Parking Areas:
(1) Required off-street parking facilities shall be used for vehicle parking only. Vehicle sales, rental and leasing, storage, repair, and other uses are prohibited, except for approved temporary and/or seasonal uses.
(2) No property owner or operator may designate any on-street parking space for the use of a specific establishment, and no property owner or operator may limit the use of any on-street parking space by the general public by using the parking space for the operation of a valet parking service, without the prior written consent of the City.
B. Parking and Loading Calculations:
(1) All square footage-based parking and loading requirements shall be computed based on the gross floor area of the subject use or structure, unless otherwise specified.
(2) Parking spaces designed or designated exclusively for two-wheeled vehicles such as motorcycles and scooters shall not be included in the calculation of minimum or maximum vehicle parking requirements. However, a reduction in the minimum number of parking spaces is allowed in accordance with Subsection 11-04-08.7.C when two-wheeled vehicle parking spaces are provided.
(3) Lots containing more than one use shall provide parking and loading based on the shared parking calculations in Section 11-04-08.7.B, Shared Parking Facility Reduction.
C. Reductions of Existing Parking: Off-street parking or loading spaces existing on the Effective Date shall not be permanently reduced in a way that would bring the property out of conformance with this Section 11-04-08 or would increase the degree of existing nonconformity with the provisions of this Section 11-04-08.
D. Parking for Unlisted Uses: The Planning Director shall determine the required parking for uses not listed in Table 11-04.9
: Off-Street Parking Requirements, based on expected volume of activity on the site, the level of congestion on surrounding streets, proximity to Residential zoning districts, and the factors listed in Section 11-03-01
.7, Classification of New and Unlisted Uses.
4. Accessible Parking: All development that provides on-site vehicle parking spaces shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) and the International Building Code (IBC), and the standards in this Section 11-04-08.3. If the standards in this Section 11-04-08.3 conflict with the requirements of the ADA or IBC, the requirements of the ADA or IBC shall apply.
A. Amount of Accessible Parking Required:
(1) All development shall provide at least the following number of accessible parking spaces, unless a different number is required by Subsection (2) below:
TOTAL PARKING SPACES IN LOT OR GARAGE | MINIMUM NUMBER OF ACCESSIBLE SPACES |
(2) All outpatient and other facilities providing medical care and other services for persons with mobility impairments shall provide accessible spaces that are equal to 20 percent of the number of required parking.
B. Additional Requirements:
(1) Valet parking facilities shall provide a passenger loading zone located on an accessible route to the entrance of the facility.
(2) Accessible parking spaces shall not contain slopes in excess of two percent and shall not require access involving steps to or from abutting pedestrian walkways.
(3) Accessible spaces shall be located closest to the main entrance.
(4) When there are multiple buildings or main entrances, accessible spaces shall be distributed equally.
(5) Accessible spaces shall be clearly marked as spaces reserved for persons with disabilities.
(6) When Section 11-04-08.6, Electric Vehicle (EV) Parking Spaces, requires the provision of any type of Electric Vehicle parking spaces, at least five percent, but not less than one, of the required EV parking spaces shall also be accessible parking spaces.
C. Traditional Accessible Parking Stall Dimensions:
(1) Length: All accessible spaces shall be a minimum of 20 feet in length.
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(2) Width: All accessible spaces shall be a minimum of eight feet in width plus a five foot wide adjacent access aisle, as shown in Figure 4.19
.
(3) Van Accessible:
(a) One in every six accessible spaces, but not less than one, shall have an adjacent access aisle that is eight feet in width and shall be designated as "Van Accessible" as noted in Figure 4.20
.
(b) A single accessible parking space that is van accessible shall be located on the left side of the access aisle as noted in Figure 4.20
(4) Signage And Markings: All access aisles shall install a sign similar to the signs depicted below and read "Access Aisle No Parking" and shall apply blue pavement markings reading "No Parking" with accompanying diagonal striping within the limits of the access aisle adjacent to the accessible space in addition to the signage for the accessible parking stall.
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5. Minimum and Maximum Off-Street Parking Standards:
A. All development not exempted by the provisions of Section 11-04-08.2.B shall provide vehicle parking spaces in the amounts required by Table 11-04.9, below, as those amounts may be modified by Section 11-04-08.6, Parking Adjustments below.
B. No minimum parking requirements apply to developments within the Mixed-Use Downtown Zoning District (MX-5).
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET BLANK CELL = NO MINIMUM/MAXIMUM REQUIREMENT GFA = GROSS FLOOR AREA 1BR, 2BR, 3+BR = NUMBER OF BEDROOMS | ||
USE CATEGORY | MINIMUM REQUIRED | MAXIMUM ALLOWED |
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET BLANK CELL = NO MINIMUM/MAXIMUM REQUIREMENT GFA = GROSS FLOOR AREA 1BR, 2BR, 3+BR = NUMBER OF BEDROOMS | ||
USE CATEGORY | MINIMUM REQUIRED | MAXIMUM ALLOWED |
RESIDENTIAL USES | ||
Household Living | ||
Accessory Dwelling Unit | ||
Caretaker's Residence | 1 per DU | |
Dwelling, Single-Family Detached | 1 per DU | |
Dwelling, Cottage Village | 1 per DU | |
Dwelling, Single-Family Attached | 1 per DU | |
Dwelling, Live/Work | 2 per DU | |
Dwelling, Duplex | 1-3 BR: 1 per DU 4+ BR: 0.75 per BR | |
Dwelling, Triplex or Fourplex | ||
Dwelling, Multiple-Family | Studio/Efficiency: 0.5 per DU 1BR: 1 per DU 2BR: 1.25 per DU 3+BR: 1.5 per DU Guest: 1 per 10 DU | 125% of required minimum |
Group Home, FHAA Small | 1 per 4 persons design capacity | |
Livestock and Animals, Accessory | ||
Manufactured Home | 1 per DU | |
Manufactured Home Community | 1 per DU | |
Group Living | ||
Assisted Living Facility | 1 per 3 beds | |
Boarding House | 1 per BR | |
Continuing Care Retirement Facility | 0.5 per DU plus 1 per 4 beds | |
Convalescent or Nursing Home | 0.25 per bed | |
Dwelling, Co-Housing | * | |
Fraternity or Sorority House | 1 per bed | |
Recovery Residence | 50% of parking otherwise required for residential use in that type of structure | |
Residential Home Occupations | ||
Home Occupation, Child or Adult Daycare | 1 per employee | |
Home Occupation, Other | ||
PUBLIC, INSTITUTIONAL AND CIVIC USES | ||
Adult or Child Day Care | ||
Adult or Child Day Care Facility | 1 per 400 sf GFA | |
Adult or Child Day Care Center, Small | 1 per 400 sf GFA | |
Adult or Child Day Care Center, Large | 1 per 400 sf GFA | |
Community and Cultural Facilities | ||
Art Gallery, Museum, or Library | 1 per 400 sf GFA | 2 per 400 sf GFA |
Cemetery | ||
Community Center | 1 per 400 sf GFA | 2 per 400 sf GFA |
Fire or Police Facility | ||
Food Kitchen | ||
Forest Reserve or Recreation Area | ||
Jail or Detention Facility | 3 per 1,000 sf GFA | |
Mortuary or Mausoleum | ||
Park or Playground | ||
Religious Institution | 1 per 400 sf GFA | |
Uses Related to and Operated by a Religious Institution | * | |
Shelter Home | * | |
Education and Health | ||
Hospital | 1 per bed design capacity | |
College or Other Institution of Higher Education | * | |
School | Elementary, Middle, Junior High: 1 per classroom High School: 4 per classroom | 125% of required minimum |
Trade or Vocational School | 1 per 3 classroom seats | |
Transportation | ||
Aircraft Landing Field | Determined by airport management | |
Park and Ride Facility | ||
Transit Facility | * | |
Transit Terminal | * | |
COMMERCIAL USES | ||
Agriculture and Animals | ||
Agricultural Uses or Stables | ||
Animal Daycare or Kennel | 2.5 per 1,000 sf GFA | |
Animal Hospital or Clinic | 2.5 per 1,000 sf GFA | |
Beekeeping, Accessory | ||
Commercial Feedlot | ||
Slaughterhouse, Rendering Plant | ||
Urban Farm | ||
Communication Facilities | ||
All Uses | ||
Food and Beverage Service | ||
Brewpub, Micro-distillery, or Micro-winery | 3 per 1,000 sf GFA | 5 per 1,000 sf GFA |
Food Truck, Accessory | ||
Food Truck Court | ||
Neighborhood Café | 1 per 1,000 sf GFA | 4 per 2,000 sf GFA |
Restaurant | 5 per 1,000 sf GFA | 7 per 1,000 sf GFA |
Sidewalk Café, Accessory | ||
Tavern or Lounge | 5 per 1,000 sf GFA | 7 per 1,000 sf GFA |
Lodging | ||
Bed and Breakfast | 1 per guest bedroom plus 1 for manager | |
Hotel or Motel | 1 per guest bedroom | 125% of required minimum |
Recreation Vehicle Park | 1 per RV spot | |
Office, Personal and Business Service | ||
Financial Institution | 3 per 1,000 sf GFA | |
Medical or Dental Clinic | 1 per 300 sf GFA | 5 per 1,000 GFA |
Office | 1 per 400 sf GFA | 4 per 1,000 sf GFA |
Personal and Business Service | 1 per 400 sf GFA | 4 per 1,000 sf GFA |
Recreation and Entertainment | ||
Auditorium or Theater, Indoor | 1 per 4 seats in main assembly area | 125% of required minimum |
Club, Lodge, or Social Hall | 1 per 400 sf GFA | |
Conference or Event Center | 3 per 1,000 sf GFA | 125% of required minimum |
Firing Range, Indoor | 2 per 1,000 sf GFA | |
Golf Course | 5 per 1,000 sf GFA of restaurant /bar area | |
Recreation, Indoor | Bowling Alley: 2 per lane All other: 4 per 1,000 sf GFA | 150% of required minimum |
Recreation, Outdoor | * | |
Retail | ||
Building Materials | 1 per 500 sf GFA | 125% of required minimum |
Retail Sales, Neighborhood < 2,000 SF | 0.5 per 1,000 sf GFA | 2 per 1,000 sf GFA |
Retail Sales, Small <5,000 SF | 3 per 1,000 sf GFA | |
Retail Sales, Medium 5,001 SF to 10,000 SF | 2.5 per 1,000 sf GFA | |
Retail Sales, Large 10,001 SF to 60,000 SF | 1 per 500 sf GFA | 125% of required minimum |
Retail Sales, Big Box >60,000 SF | 2 per 1,000 sf GFA | 125% of required minimum |
Sexually Oriented Business | ||
Sexually Oriented Business | 3 per 1,000 sf GFA | 125% of required minimum |
Vehicles and Equipment | ||
Drive-Through Facility | ||
Electric Vehicle Charging Facility | ||
Parking Garage as Principal Use | ||
Parking Lot as Principal Use | ||
Service Station | 3 per 1,000 sf GFA retail, office, waiting area | |
Vehicle Fleet Operations Center | ||
Vehicle Repair, Major | 3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay | |
Vehicle Repair, Minor | 3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay | |
Vehicle Sales, Rental, and Leasing, Light | 3 per 1,000 sf GFA retail, office, waiting area plus 1 per service bay | |
Vehicle and Equipment Sales, Rental and Leasing, Heavy | ||
Vehicle Wash | 2 per 1,000 sf GFA retail, office, waiting area | |
INDUSTRIAL USES | ||
Manufacturing and Processing | ||
Contractor Shop and Yard | ||
Industry, Artisan | 2 per 1,000 sf GFA | |
Industry, Light | 1 per 1,000 sf GFA | |
Industry, Heavy | 1 per 1,000 sf GFA | |
Mining and Extraction | ||
Storage, Wholesale, and Warehousing | ||
Bulk Storage of Flammable or Dangerous Materials | ||
Fulfillment Center | 1 per 2,000 sf GFA | |
Outdoor Storage | ||
Outdoor Storage, Accessory | ||
Self-Service Storage | 3 per 1,000 sf GFA of indoor office area | |
Trucking Terminal | ||
Wholesale or Warehouse, Small or Large | 1 per 2,000 sf GFA | |
Utilities | ||
Power Plant | ||
Renewable Energy Facility, Accessory | ||
Utility Facility, Minor | ||
Utility Facility, Major | ||
Waste and Salvage | ||
Composting Facility | ||
Junkyard, Vehicle Salvage | ||
Recycling Collection Facility | ||
Sanitary Landfill | ||
Solid Waste Transfer Facility | ||
Accessory Uses | ||
Unlisted Uses Accessory to an Allowed Use | ||
Temporary Uses | ||
Construction Office | ||
Mobile Food Truck | ||
Off-Site Construction Staging | ||
Safety Facility | * | |
Sales and Leasing Office | ||
Seasonal Sales | ||
6. Electric Vehicle (EV) Parking Spaces:
All Multiple-Family Dwelling,
mixed-use, and nonresidential development shall comply with the Use-Specific Standards in Section 11-03-03
.4.R, Electric Vehicle Charging Station and the following standards.
A. Number of EV Parking Spaces Required:
(1) The development shall include at least the minimum number of EV parking spaces shown in the following table:
TOTAL NUMBER OF PARKING SPACES | EV CAPABLE SPACES | EV READY SPACES | EV INSTALLED SPACES |
TOTAL NUMBER OF PARKING SPACES | EV CAPABLE SPACES | EV READY SPACES | EV INSTALLED SPACES |
Multiple-Family Dwelling Units | |||
< 5 | None | None | None |
5-10 | None | 20% of total | 1 space |
11 | None | 20% of total | 10% of total |
Public, Civic, or Institutional, Commercial or Industrial Uses | |||
< 5 | None | None | None |
5 | 20% of total | None | None |
(2) Each EV parking space provided shall be counted towards the minimum off-street parking requirements for the project, but shall not count against any limit on the maximum number of off-street parking spaces permitted.
B. Adjustment Of EV Parking Requirements: When the cost of installing EV parking spaces required by Subsection (1) above would exceed 10 percent of the total project cost, the applicant may submit to the Planning Director a cost estimate for the total project and for the EV installations required by this Section 11-04-08.6 and may request a reduction in the EV parking requirements, and the Planning Director may approve an adjustment in the required numbers or types of EV parking facilities to limit installation costs to no more than 10 percent of the total project costs.
C. Dimensions and Design:
(2) EV charging equipment shall be designed and located so as to not impede pedestrian or vehicle travel or create hazards within the public right-of-way.
(3) EV charging equipment shall be designed and located to be accessible by:
(a) Locating each EV charging spaces on an accessible route, with an adjacent sidewalk at least seven feet wide;
(b) Requiring that the parking space served by EV charging equipment be a minimum of 11 feet wide and 20 feet deep;
(c) Providing an adjoining access aisle that is a minimum of five feet in width;
(d) Providing clear ground space with an unobstructed side reach at the same level as the vehicle charging space; and
(e) Accessible charger, connector, and other operable parts.
(4) Charging equipment shall be protected by wheel stops, bollards, or similar devices to prevent damage.
(5) Charger cords shall be retractable or have a hanging or storage locations outside of pedestrian pathways.
(6) Cords connecting chargers to vehicles shall not cross driveways, sidewalks, or loading areas.
(7) EV parking spaces with an installed Electric Vehicle Charging Station shall be signed to reserve the parking space for EV users.
(8) All Electric Vehicle Charging Stations shall include an emergency power shutoff located in a location easily accessible by emergency responders.
7. Parking Adjustments:
A. General:
(1) The minimum and maximum parking requirements in Table 11-04.11
Table 11-04.9
: Off-Street Parking Requirements, may be adjusted as described in this Subsection 7, provided that no combination of reductions in Subsections B through G shall result in the reduction of the minimum number of parking spaces required in Table 11-04.9
by more than 50 percent.
(2) A Conditional Use Permit is required for any request to reduce minimum parking requirements by more than 50 percent.
B. Shared Parking Facility Reduction:
(1) Where two or more uses listed in Table 11-03.1
: Table of Allowed Uses share a parking lot or garage, the total off-street parking requirement for those uses shown in Table 11-04.9
: Off-Street Parking Requirements may be reduced by the factors shown in Table 11-04.11
: Shared Parking Reduction.
TABLE 11-04.11: SHARED PARKING REDUCTION
To calculate the shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated below. | |||||
USE | MULTIPLE- FAMILY DWELLINGS | PUBLIC, INSTITUTIONAL, OR CIVIC | FOOD, BEVERAGE, INDOOR ENTERTAINMENT, OR LODGING | RETAIL | OTHER COMMERCIAL |
Multiple-Family Dwellings | 1.0 | 1.1 | 1.1 | 1.2 | 1.3 |
Public, Institutional, or Civic | 1.1 | 1.0 | 1.2 | 1.3 | 1.5 |
Food, Beverage, Indoor Entertainment, or Lodging | 1.1 | 1.2 | 1.0 | 1.3 | 1.7 |
Retail | 1.2 | 1.3 | 1.3 | 1.0 | 1.2 |
Other Commercial | 1.3 | 1.5 | 1.7 | 1.2 | 1.0 |
(2)
To calculate the revised minimum parking requirement, calculate the minimum off-street parking requirement individually for the two uses with the highest off-street parking requirement, and then divide that sum by the number shown in the cell for that combination of uses in Table 11-04.11. For example: a development with 5,000 square feet of Small Retail space (3 per 1,000 square feet gross floor area) and 20, two-bedroom Multiple-Family Dwelling units (1.25 per dwelling unit) would take the total spaces required and divide by 1.2.
(15) + (25+3) = 43.
43/1.2 = 35.833
The shared parking requirement is 36 spaces.
(3) If more than two uses share a parking lot or structure, the reduction factors in Table 11-04.11
are applied only to the two uses with the highest parking requirements. The minimum parking required for the third and additional uses sharing the parking lot or facility are then added to the adjustment calculated in Subsection (2) above without further adjustment.
C. Two Wheeled Parking Reduction: For every four motorcycle, scooter, or similar two-wheeled vehicle spaces (excluding bicycle parking) provided, the number of standard vehicle spaces required may be reduced by one, provided that each two wheeled parking space is at least four feet wide and at least 10 feet long and is clearly posted or marked as a motorcycle/scooter parking space.
D. Tree Preservation: The Planning Director may allow up to a 10 percent reduction of the required parking spaces to save healthy, desirable trees.
E. Affordable and Sustainable/Resilient Housing Reduction: Affordable housing projects meeting the affordability and/or sustainability/resiliency requirements of Section 11-04-03.7, Incentives, shall be eligible for the parking reductions as set forth in that Section.
F. Adaptive Reuse Reduction: Adaptive reuse projects meeting the requirements of Section 11-04-03.7.D(6) shall be eligible for the parking reductions as set forth in that Section.
G. Transportation Demand Management Reduction: The Planning Director may allow a reduction in required parking for employers that enter into a Transportation Demand Management (TDM) Agreement with the City that specifies how on-site parking will be reduced through property owner or operator programs or initiatives that reduce the amount of parking demand on-site. If a reduction in parking is granted through a TDM Agreement, the employer will be required to remain in good standing with the TDM Agreement and shall submit an annual report documenting the terms of the Agreement are being met. Any TDM Agreement, whether used independently or in combination with other allowed parking reductions, is subject to the 50 percent limitation on overall parking reduction. Such programs may include the following:
(1) Compressed work week schedules;
(2) Flexible arrival and departure times;
(3) Telework opportunities;
(4) Incentives for employees to use alternative modes of transportation to the workplace;
(5) End of commute amenities such as a locker room, changing room or shower;
(6) Implement/support ridesharing program (i.e., vanpool, carpool);
(7) Designate a Commute Coordinator (Employee Transportation Coordinator) to facilitate employee/property commute program;
(8) Display transportation information in a prominent location including transit routes and schedules; carpooling and vanpooling information; bike routes; and commute subsidy information;
(9) Provide information for new tenants and employees on transportation options (e.g., flyers, posters, brochures, onboarding information, and emails on commute alternatives); host/participate in transportation fairs, local commute events such as May in Motion or Boise Bike Week;
(10) Provide employee subsidies for alternative transportation;
(11) Provide preferred parking for carpool/vanpool;
(12) Provide pre-tax benefits for transit/vanpool costs;
(13) Allocated space for bike share station/kiosk;
(14) Provide ongoing funding/sponsorship of bike share program/station;
(15) Provide transit, scooter, and bike share passes; or
(16) Provide website links to local transportation/commute programs that may include but are not limited to: Commuteride, City Go, alternative transportation programs on developer, property management, or employer websites.
H. Adjustments to Exceed Parking Maximums: Up to 10 percent of the parking maximum may be exceeded by the Planning Director through an administrative approval if the Planning Director determines that:
(1) The additional parking spaces are required to reduce adverse impacts to the surrounding neighborhood; and/or
(2) The additional parking is required due to unique characteristics of the use not generally shared by other uses in the same use category shown in Table 11-03.1
: Table of Allowed Uses.
8. Vehicle Parking Location and Design:
A. Location:
(1) Off-Site Locations Permitted: Parking required by Table 11-04.11
shall be provided on the same lot or combination of contiguous lots for which it provides required parking, except that in the R-3, Mixed-Use, Industrial, or Open Land zoning districts, parking may be located up to 600 feet from the lot containing the principal uses for which it provides parking. The Planning Director may require written evidence from the owner of the off-site location confirming the continued availability of the site to meet such parking requirements.
(2) On-Site Location:
(a) Prohibited Location: Perpendicular vehicle parking is prohibited within the public right-of-way, and all vehicle parking is prohibited on undeveloped or unimproved public right-of-way.
(b) Required Setbacks:
i. In the Residential zoning districts, except for working vehicles in daily use parked on driveways, in front of homes, parking areas and parking spaces shall not be permitted:
A. In required setbacks;
B. Unimproved parking areas; or
C. Other areas not designed for vehicle parking.
ii. Trailers, camp trailers, boats, boat trailers, recreational vehicles, and all other vehicles not in daily use may use gravel surfacing but are prohibited from parking in the required setbacks.
iii. Open air public or private parking areas and service drives in a Residential zoning district shall be permitted in side yards that do not abut a street, provided that a minimum five foot wide landscaping and screening area be constructed and maintained along the abutting property line as provided for in Section 11-04-09.10.D(2), Parking and Storage Areas.
iv. In the Mixed-Use, Industrial, or Open Land zoning districts, parking areas and parking spaces shall not be permitted in any required setback, except as follows:
A. Rear setback areas shall not be used for off-street parking or loading areas unless the rear setback abuts an alley providing access to the parking spaces.
B. Side yards that do not abut a street may be used for unenclosed off-street parking provided that a minimum five foot wide landscape area is constructed and maintained along the abutting side property line.
(c) Time Limit: No commercial vehicle or trailer shall be parked, stored, or otherwise left unattended at any place in a Residential zoning district whether on public or private property for over two hours except while engaged in construction or any other permitted activity.
(d) Site Layout: The following standards shall apply in the R-2, R-3, and Mixed-Use zoning districts, unless otherwise required by the Citywide or Downtown Design Standards and Guidelines, including but not limited to any Building Type Frontage Standards applicable to specific street segments.
i. Surface parking areas shall be located to the side or rear of buildings.
ii. For multi-building developments, no more than 50 percent of the primary street frontage shall be occupied by parking and vehicular access driveways.
iii. Garage entries, carports, and parking structures shall be internalized in building groupings or oriented away from street frontage to the maximum extent practicable.
B. Dimensional Standards:
(1) Surface Parking Lots and Areas: Dimensions of all parking or maneuvering areas in surface parking lots shall be designed as required by Table 11-04.12
below, except that accessible parking spaces shall be designed as required by Section 11-04-08
.3.
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Table 11-04.12
below, except that accessible parking spaces shall be designed as required by Section 11-04-08
.3.
PARKING ANGLE [A] | STALL WIDTH [B] | CURB LENGTH PER CAR [C] | STALL DEPTH [D] | DRIVE AISLE WIDTH [E] |
PARKING ANGLE [A] | STALL WIDTH [B] | CURB LENGTH PER CAR [C] | STALL DEPTH [D] | DRIVE AISLE WIDTH [E] |
For Standard Vehicles | ||||
0° | 9 ft.- 0 in. | 23 ft.- 0 in. | 9 ft.- 0 in. | 12 ft.- 0 in. |
30° | 9 ft.- 0 in. | 18 ft.- 0 in. | 17 ft.- 8 in. | 12 ft.- 0 in. |
45° | 9 ft.- 0 in. | 12 ft.- 9 in. | 20 ft.- 5 in. | 13 ft.- 0 in. |
60° | 9 ft.- 0 in. | 10 ft.- 5 in. | 21 ft.- 10 in. | 16 ft.- 0 in. |
90° | 9 ft.- 0 in. | 9 ft.- 0 in. | 20 ft.- 0 in. | 22 ft.- 0 in. |
For Compact Vehicles | ||||
0° | 7 ft.- 6 in. | 18 ft.- 0 in. | 7 ft.- 6 in. | 12 ft.- 0 in. |
30° | 7 ft.- 6 in. | 15 ft.- 0 in. | 14 ft.- 0 in. | 12 ft.- 0 in. |
45° | 7 ft.- 6 in. | 10 ft.- 7 in. | 15 ft.- 11 in. | 13 ft.- 0 in. |
60° | 7 ft.- 6 in. | 8 ft.- 8 in. | 16 ft.- 9 in. | 16 ft.- 0 in. |
90° | 7 ft.- 6 in. | 7 ft.- 6 in. | 15 ft.- 0 in. | 22 ft.- 0 in. |
(2) Compact Spaces:
(a) A maximum of 40 percent of the total spaces required may be designed, designated, and used for compact size vehicles. The dimensional standards for compact vehicle spaces and driveways are indicated in Table 11-04.12
above.
(b) Compact spaces shall be clearly marked for use by compact vehicles on the pavement or curb.
(3) Bumper Overhang: Standard parking stall lengths may be reduced from 20 feet to 18 feet when the adjacent sidewalk or landscaping is increased by two feet above the minimum requirement. The minimum width for a sidewalk or landscape strip adjacent to a bumper overhang is seven feet.
(4) Parking Structure Space Dimensions:
(a) Spaces within parking structures shall be a minimum of eight and one-half feet wide and 18 feet long.
(b) Compact parking stalls shall not be provided within parking structures.
C. Tandem Parking: Unless otherwise prohibited elsewhere in this Code, tandem parking for Single-Family Detached, Single-Family Attached Dwellings, and Manufactured Home Communities is allowed.
D. Driveways:
(1) All driveways shall extend into the site perpendicular to the street from which they provide access, unless the Planning Director approves an alternative based on a determination that the driveway:
(a) Is required to enhance the natural elements of the site such as preserving existing trees; or
(b) Is required for safety reasons such as avoiding backing into a collector or arterial street with limited motorist visibility.
(2) All parking areas, driveways, and other vehicular access for Single-Family Detached, Duplex, Triplex, or Fourplex dwellings may consist of wheel strips, pavers, or other hard surface material approved by the Planning Director. Other residential uses are subject to standards in accordance with Subsection F, below.
(3) Driveways for Single-Family Attached, Single-Family Detached or Duplex Dwellings shall be a minimum of nine feet in width. Driveways or service drives for other residential uses are subject to Section 11-04-07.4.J(2), Service Drives.
(4) Driveways are permitted in the front and street side setbacks in accordance with Section 11-04-07.4.J(2), Service Drives.
(5) For Single-Family Attached, Single-Family Detached Dwellings, individual driveways in the front or street side setback shall not exceed a width of 30 feet within the setback, unless another provision of this Code requires a narrower width.
(6) Parking on Residential Small Lots is regulated by Section 11-04-03.4, Residential Small Lots.
E. Surfacing: Driveways, parking areas and vehicle storage areas shall be built with a non-permeable material such as concrete or asphalt, except that:
(1) A gravel surface area may be used within the I-1 or I-2 zoning districts for enclosed material storage yards or grounds maintenance areas only and shall not be used in areas where vehicles are stored or driven. The storage and maintenance areas shall be located behind the building and be enclosed by a six foot high sight obscuring fence.
(2) The Planning Director may approve an alternative surface based on considerations of durability, permeability, and visual interest and quality:
F. Residential Garages:
(1) Street access is prohibited when alley access is available.
(2) Residential garages that provide a single space shall be a minimum of 10 feet wide and 20 feet long.
(3) Residential garages shall provide 22 feet of back up space.
G. Parking Area Landscaping: All development shall comply with Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
9. Required Bicycle Parking:
A. Amount Required:
(1) The development shall include at least the minimum number of bicycle parking spaces shown in the following table based on the category of the use or individual use as shown in Table 11-03.1
: Table of Allowed Uses:
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET GFA = GROSS FLOOR AREA | ||
USE | LONG TERM BICYCLE PARKING REQUIRED | SHORT TERM BICYCLE PARKING REQUIRED |
DU = DWELLING UNIT* = PLANNING DIRECTOR DETERMINATION SF = SQUARE FEET GFA = GROSS FLOOR AREA | ||
USE | LONG TERM BICYCLE PARKING REQUIRED | SHORT TERM BICYCLE PARKING REQUIRED |
Multiple-Family Dwellings | 1 space per studio or first bedroom and 0.5 spaces for each additional bedroom | 1 space per 10 DU |
Assisted Living Facility or Continuing Care Retirement Facility | 2 spaces or 1 space for every 10 employees, whichever is greater | 1 space per 20 beds |
Retail Uses and Personal and Business Services | 2 spaces plus 1 additional space for every 2,000 sf. GFA | 2 spaces plus 1 additional space for every 1,000 sf. GFA |
Food and Beverage Uses (excluding Food Truck uses) | 2 spaces plus 1 additional space for every 2,000 sf. GFA | 2 spaces plus 1 additional space for every 1,000 sf. GFA |
Office | 2 spaces plus 1 additional space for every 2,000 sf. GFA | 2 spaces plus 1 additional space for every 2,000 sf. GFA |
Auditorium or Theater, Indoor and Conference or Event Center | * | * |
Forest Reserve or Recreation Area, Park or Playground, and Outdoor Recreation | * | * |
Industrial Uses | 2 spaces plus 1 additional space for every 4,000 sf. GFA | 2 spaces plus 1 additional space for every 10,000 sf. GFA |
School | 1 space for every 10 employees plus 1 space for every classroom | 3 spaces for every 10 students |
College or Other Institution of Higher Education | * | * |
Religious Institution | 1 space plus 1 additional for every 4,000 sf. GFA | 2 spaces plus 1 additional for every 4,000 sf. GFA |
(2) If more than 10 bicycle parking spaces are required, a minimum of 10 percent of the required bicycle parking spaces shall be designed to accommodate cargo bicycles or bicycles with trailers.
B. Location:
(1) Short-term bicycle spaces designed to meet the needs of visitors to the development shall be located within 50 feet from the main entrance of the building.
(2) Short-term bicycle racks shall be located so that they:
(a) Are easily accessed from the street and protected from motor vehicles;
(b) Are visible to passers-by to promote usage and enhance security;
(c) Do not impede or interfere with pedestrian traffic or routine maintenance activities when bicycles are parked at/in them; and
(d) Do not block access to buildings, bus boarding or freight loading.
(3) Long-term bicycle spaces shall be designed to meet the needs of employees, residents, public transit users, and others with similar needs.
(4) Long-term bicycle parking shall be enclosed, covered and secured, or attended. Covered bicycle parking includes but is not limited to a secure and accessible room in a building, a secure and accessible enclosure within a parking structure, or a cluster of bicycle lockers. All bicycle parking lockers and structures shall be located outside of the required setbacks.
(5) Required long-term bicycle parking for residential uses shall not be located within dwelling units or within deck or patio areas accessory to dwelling units.
(6) Not less than 50 percent of required long-term spaces shall be accessible and not require the use of stairs or an elevator.
(7) Long-term spaces that are accessed using stairs shall require a bike runnel.
C. Design Standards:
(1) No more than 25 percent of the required bicycle parking spaces may require the bicycle to be hung or parked vertically, rather than being parked with both tires on the ground.
(2) Standard bicycle parking spaces shall be a minimum of six feet long and two and one-half feet wide.
(3) Cargo bicycle and bicycle trailer parking spaces shall be a minimum of 10 feet long and three feet wide.
(4) A four foot wide aisle is required between rows of bicycle parking spaces or between a row of bicycle parking spaces and any wall or potential obstructions.
(5) Three and one-half feet of clearance shall be provided between bicycle parking spaces and vehicle parking spaces or travel lanes for the opening of passenger-side doors.
(6) All bicycle parking spaces and associated racks shall not impede pedestrian walkways.
(7) All covered spaces shall have an overhead clearance of seven feet.
(8) Bicycle racks shall be located on improved non-permeable surfaces and shall be anchored to the ground.
(9) Bicycle racks shall be installed to the manufacturer's recommended specifications and adhere to any further design criteria or codes established by the City. Accommodation of varied bicycle sizes and styles, including electric bicycles and cargo bicycles, is encouraged through provision of racks installed with greater clearance from obstructions, walkways, and other bicycle parking spaces.
(10) Designated bicycle parking areas shall include adequate lighting.
(11) Bicycle racks shall provide two points of contact with the bicycle frame such as an inverted "U" or a post and ring and shall allow locking of frame and at least one wheel with a U-lock. Wave,
schoolyard, wheel well, bollard and spiral racks are prohibited.
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10. Off-Street Loading Facilities: All primary commercial and industrial uses shall comply with the standards in this Section 11-04-08.10 regarding the provision of vehicle loading spaces.
A. Quantity and Size: The quantity and size of loading spaces required shall be as indicated in Table 11-04.14, below.
GROSS FLOOR AREA (SQUARE FEET) | NUMBER OF LOADING SPACES REQUIRED | MINIMUM SIZE OF EACH REQUIRED LOADING SPACE |
Less than 20,000 | None | N/A |
20,000-49,999 | 1 | 10 feet x 25 feet |
50,000-99,999 | 2 | One 10 feet x 25 feet and One 12 feet x 50 feet |
100,000 and more | 2, plus 1 additional space for every 100,000 square feet beyond the first 100,000 | 14 feet x 50 feet and 13 feet high |
B. Standards:
(1) Loading areas shall comply with setback and landscaping requirements.
(2) Loading areas shall not be oriented toward Residential zoning districts and shall not be permitted between the primary façade of a building and the front lot line/property line.
(3) Loading areas shall be clearly posted or marked.
(4) For buildings greater than 20,000 square feet in the MX-5 zoning district, applicants may request approval of alleys for loading activities as an alternative to on-site loading area.
(5) Loading spaces and access routes to loading spaces shall not interfere with parking lot or parking garage maneuvering areas or with designated on-site patron drop-off/pick up locations.
11. Modifications: The Planning Director may modify the requirements of this Section 11-04-08 if the Planning Director determines that the site cannot accommodate these requirements and that alternative loading methods or facilities can be provided in a manner compatible with surrounding uses.
12. Compliance with Design Standards:
A. In addition to the standards required by this Section 11-04-08
, all Multiple-Family Dwelling, mixed-use, and nonresidential development, including but not limited to Parking Garages shall comply with the standards and other mandatory content in the Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
B. In the event of a conflict between the standards in this Section 11-04-08
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)
1. Purpose: The purpose of this Section 11-04-09 is to establish requirements for the design, installation, and maintenance of landscapes that:
A. Conserve, protect and promote the City's natural environment and high quality of life;
B. Contribute ecologically and aesthetically to the prosperity of the City;
C. Achieve healthy, attractive, and safe environments based on recognized design and urban forestry principles;
D. Expand the tree canopy to reduce the heat island impact and mitigate climate impacts;
E. Improve pedestrian comfort;
F. Conserve water;
G. Integrate stormwater management and minimize polluted water;
H. Screen the visibility of less desirable uses and functions;
I. Preserve native vegetation and the appropriate use of native landscape materials; and
J. Reduce adverse impacts to wildlife.
2. Applicability: All applications for development or property use listed below shall comply with the provisions of this Section 11-04-09.
A. Development:
(1)
All new development involving the construction of new Multiple-Family Dwelling, mixed-use, and nonresidential buildings. Residential uses with four or fewer units in a single structure are exempt from these standards.
(2) The expansion and alteration of the gross floor area of an existing Multiple-Family Dwelling, mixed-use or nonresidential building by 50 percent or more.
B. Compliance With Existing Approvals Required: If an application under this Code does not otherwise require a change to the existing landscaping, fencing, walls, or screening on the lot or parcel, but the existing development is not in compliance with the landscaping, fencing, walls, or screening required by a previous permit or approval for that development, the City may require compliance with the terms of those prior approvals as a condition on the approval of the current application.
C. Existing Parking Lots:
(1) When existing parking lots are re-striped or a new coat is applied to the surfacing, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations.
(2) When the area of an existing parking lot is replaced or is expanded up to 25 percent, the applicant shall replace and repair the existing landscaping to the standards that applied at the time the related building was constructed or the related use began operations and shall install parking lot perimeter landscaping that complies with Section 11-04-09
.5.B(3).
(3) When the area of an existing parking lot is expanded by 26 percent or more, the applicant shall comply with all standards in this Section 11-04-09
regarding parking lot landscaping.
3. General Landscaping Standards:
A. Landscape Plan Required: A landscape plan is required for all activities subject to this Section 11-04-09, regardless of whether the application is for a Zoning Certificate, Certificate of Appropriateness, Conditional Use Permit, Variance, or Minor or Major Design Review.
B. Adopted Streetscape Plans: Where the City has adopted streetscape standards for any street bordering a project site, and there is a conflict between the adopted streetscape standards and the standards of this Section 11-04-09, the adopted streetscape standards shall apply.
C. Site Area Landscaping:
(1) Any part of a site not used for buildings, parking, driveways, walkways, utilities, or approved storage areas shall be retained or reclaimed to its natural state such that it is free of dust and noxious weeds or landscaped pursuant to the standards in this Section 11-04-09.
(2) Plants, walls, fences, buffering, and screening, located on adjacent properties do not satisfy landscape requirements for the subject property. All required landscaping shall be located on the property required to provide it pursuant to this Section 11-04-09.
(3) An approved protective curbing shall be required adjacent to all planting areas that border driveways, parking lots or vehicle use areas.
(4) If the location of any utility facility, utility easement, or service area required by adopted City or utility provider standards prevents the location of trees, shrubs, or other landscaping in locations required by this Section 11-04-09, the applicant shall be required to install an equivalent numbers of trees, shrubs, or landscaping in other landscaped areas of the site. If the required number of trees cannot be accommodated on the remaining available site area, the applicant shall satisfy the mitigation requirements under Section 11-04-09.8, Tree Preservation.
D. Landscape Material Standards:
(1) Approved Plant Materials:
(a) The latest edition of the Treasure Valley Tree Selection Guide, or any successor publication as determined by the Director of Parks and Recreation, is hereby adopted as the list of approved and recommended trees for on-site planting.
(b) Plant selection, establishment, and maintenance for storm water facilities shall comply with the Public Works Department Stormwater Plant Materials Resource Guide to the maximum extent practicable.
(c) New plant varieties are being produced every year and other species not listed in the above publications or species that are more disease resistant, pest resistant, or drought tolerant may also be approved by the Director of Parks and Recreation.
(2) Prohibited Plant Materials: The plants listed as Trees Not Permitted for Rights-of-Way Property Planting in the Treasure Valley Tree Selection Guide are prohibited from being planted along any street or within any parking lot subject to this Section 11-04-09.
(3) Minimum Plant Sizes:
(4) Plant Species Diversity:
(a) Trees: When five or more trees are to be planted to meet the requirements of any portion of this Section, a mix of species shall be provided as shown in Table 11-04.16
below:
(b) Other Plant Materials:
i. To improve pollinator habitat, at least 25 percent of planted areas shall include native flowering and nectar producing plant species.
ii. Where shrubs are required to be planted, up to 25 percent of the total number of required shrubs may be substituted with flowering perennials, grasses, or ferns.
(5) Non-Vegetative Materials:
(a) Non-vegetative materials, such as decorative rock, artificial grass, bark, and perma-bark, shall not count toward the minimum landscape requirement.
(b) The use of bark or other loose material shall be designed and located to prevent being displaced or washed out of the planting area.
(c) Non-vegetative material, including but not limited to rock mulch and decorative rock, may only be used to augment the landscape or around the base of trees and shrub groupings or flower beds, and shall not constitute the only ground cover in more than 20 percent of any area required to be landscaped.
(d) Planting areas using rock mulch or decorative rock shall have 50 percent of the ground surface covered by vegetation at plant maturity.
(e) Natural colors shall be used.
(6) Mulch:
(a) Organic mulch such as bark or soil aid shall be applied and maintained in all planting areas at a minimum two-inch depth, except that decorative rock mulch may be permitted as part of the approved landscape plan.
(b) Use of mulch as the only ground cover in required planting areas is prohibited.
(c) Impermeable plastic weed barrier under the mulch is prohibited.
E.
Water Conservation Standards: All required landscaping shall be designed to address the physical site characteristics of the property, the needs of those using the property, and the best water-conserving methods for a semi-arid continental climate. The landscape plan shall reduce water consumption through site design, plant selection, irrigation practices, and improved soil water holding capacity through amendment with compost, complying with the following xeriscaping and conservation standards:
(1) Soil Amendment: Prior to the installation of lawn or other plant materials in areas that have been disturbed or compacted by construction activity, soils shall be amended to increase soil water holding capacity. Proper soil amendment includes thoroughly loosening soils to a depth of six inches, adding compost as a soil amendment at a rate of four cubic yards per 1,000 square feet of total area to be planted, and thoroughly incorporating compost to a depth of at least two inches. Areas with existing native vegetation that remain undisturbed shall be exempt from the soil amendment requirement, provided that native soil and vegetation in such area is protected from disturbance and compaction during the construction process.
(2) Lawn Areas:
(a) Lawn areas shall be a drought-tolerant and/or adaptive sod or seed mix that is appropriate to the natural conditions found at the site, except that lawn species that require regular mowing or maintenance, such as Kentucky Bluegrass:
i. Shall not exceed 33 percent of the landscaped area on a site; and
ii. Shall not be used in median strips, parking strips, or difficult-to-maintain areas less than six feet in width.
(b) Lawn areas larger than 15,000 square feet shall have soil moisture sensors that are properly installed and adjusted.
(c) In all zoning districts, any area that does not provide recreational value or is used solely for decorative purposes is prohibited from using lawn that requires regular maintenance for landscape purposes. This prohibition includes but is not limited to the installation of Kentucky Bluegrass turf in roadway medians, traffic circles and roundabouts, street frontage areas located between detached sidewalks and curbs, and within parking lot landscaped islands or stormwater swales. Low ground cover alternatives shall be used to the maximum extent practicable.
(3) Plant Selection, Plant Location and Efficient Irrigation:
(a) Plants shall be placed based on adaptability to regional and micro climatic conditions, including shade, sun, and wind.
(b) Plants having similar water needs shall be grouped together in distinct hydrozones and spaced to minimize watering needs while maximizing growth and spread of plants.
(c) Native and other low-water-use plants shall be installed to the maximum extent practicable.
(d) Invasive, destructive, and exotic plants shall not be installed.
(4) Water Features: Water features such as fountains, waterfalls and ponds are discouraged, but if used shall comply with the following standards:
(a) The water used shall be recycled through the feature;
(b) The feature shall be designed to prevent leakage;
(c) Provisions for continued maintenance of the feature shall be identified in a narrative that accompanies the landscape plan; and
(d) Evidence of the right to use the water for this purpose is required when the water will be obtained from an irrigation ditch or a well.
F. Placement and Installation of Trees:
(1) Location and Spacing: All trees planted pursuant to this Section 11-04-09 shall comply with the following standards. Class I, II, and III trees are identified in the Treasure Valley Tree Selection Guide.
(a) For every 60 feet of perimeter landscape, one Class III tree shall be planted.
(b) Class III trees shall be spaced 40 to 50 feet apart, depending on mature crown spread.
(c) Class II trees may be used and spaced 25 to 45 feet apart, depending on mature crown spread.
(d) Class I trees shall be used where overhead power lines prohibit use of taller trees and may be used to mark entry points into a subdivision or to mark a special feature.
(e) Class I trees shall be spaced 15 to 30 feet apart, depending on mature crown spread.
(f) For design flexibility, trees may be grouped together or spaced evenly as desired. Unless Community Forestry approves an alternative spacing, trees shall be spaced no closer than 80 percent of the average mature width of the trees as demonstrated in the following examples:
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(2) Curbing to Protect Tree s: All planting areas that border driveways, parking lots and other vehicle use areas shall be protected by curbing, wheel stops, or other protective devices located a minimum of 30 inches from all tree trunks.
(3) Avoiding Interference with Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees:
(a) Overhead Utilities: Class I may only be planted under or within 10 lateral feet of any overhead utility wires if approved by Community Forestry.
(b) Underground Utilities:
i. All trees shall be planted outside of any utility easement, unless written approval is obtained from the applicable agency.
ii. All trees shall be planted outside of any easement that contains a City sewer main, unless written approval is obtained from the City Engineer.
iii. If any utility easement precludes trees required by this Section, the width of the required buffer shall be increased to accommodate the required trees.
(c) Trenching: New underground utilities shall be located outside of the critical root zone of existing trees if trenched or be tunneled a minimum of three feet below existing grade within the tree's critical root zone. If trenching is to be done within the critical root zone, an air spade or hand trenching is required. No root two inches or larger shall be cut. This requirement is for placement of new utilities and does not affect the City's or the utility's ability to access existing utilities for repair, replacement, and maintenance.
(4) Avoidance of Irrigation and/or Drainage Easements:
(a) Any tree planted within any irrigation or drainage easement shall have written approval obtained from the agency holding the easement or managing facilities in the easement.
(b) If any irrigation or drainage easement precludes installation of any trees required by this Section 11-04-09, the width of the required buffer shall be increased to accommodate the required trees or, if the site cannot accommodate the additional buffer, the applicant shall meet all tree mitigation requirements in Section, Tree Preservation.
G. Berms:
(1) Berm slopes shall not exceed three to one (3:1, horizontal: vertical).
(2) Slopes shall not exceed four to one (4:1) on areas that require mowing.
H. Clear Areas:
(1) Trees, shrubs, and other landscaping shall not encroach into the minimum required clear height and width of primary or emergency vehicle access and shall preserve a minimum clear height of 80 inches above all pedestrian pathways.
(2) Trees, shrubs, and other landscaping shall not encroach into any pedestrian walkway, including but not limited to sidewalks and multi-use pathways.
(3) Landscaping shall not block the clear vision triangle at street intersections as determined by the ACHD.
(4) The clear vision triangle shall be kept free of visual barriers including vegetation, except deciduous trees pruned at least eight feet in height above the sidewalk and 14 feet above the roadway, and walls, signs, vehicles, solid fences, or other sight obstructions exceeding three feet in height.
I. Irrigation:
(1) Irrigation Required: All landscape areas requiring irrigation shall be served with an automatic underground irrigation system. Areas of landscaping that will not require supplemental watering after initial establishment are not required to have permanent irrigation.
(2) Irrigation Water Source:
(a) To the maximum extent practicable, all requirements for landscape irrigation for all forms of development and redevelopment shall be met through the use of non-potable surface water as defined by Idaho Code 67-6537.
(b) If non-potable surface water supply is available prior to an annexation of land or City approval of a change of use for the property pursuant to this Code, the use of such water shall be retained for landscaping irrigation purposes following such City approvals.
J. Installation:
(1) Certificate of Completion: Before issuance of the final Certificate of Occupancy, a licensed landscaping professional shall submit to the city certification that the landscaping has been installed in compliance with the approved plans. Certification shall demonstrate that a certified arborist has been consulted.
(2) Installation Schedule: All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy.
(3) Extension of Time for Installation: Upon recommendation of the Planning Director, a temporary Certificate of Occupancy may be issued for a specified time period, not to exceed 180 days when:
(a) Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and
(b) The applicant has provided surety to the City for the required improvements.
4. Street Frontage Landscaping:
A. Applicability: Street frontage landscaping shall be required to be installed between the curb and inside of sidewalk and between the sidewalk and each street-facing façade or parking lot, as applicable, of a primary Multiple-Family Dwelling, mixed-use, and nonresidential building. Street frontage landscaping between the sidewalk and street-facing facades shall not be required in the MX-1, MX-2, MX-3, MX-4, and MX-5 zoning districts where a landscape buffer would prevent the placement of a proposed building at the allowed front or street side setbacks.
B. Size and Location:
(1) Street frontage landscaping shall be installed along the full width of the required front setback.
(2) All required landscaping shall be located outside any public street right-of-way to the maximum extent practicable.
(3) The required planting area between the sidewalk and façade or parking lot shall be measured from the property line (after dedication of any public right-of-way) or from the back of the sidewalk, whichever is greater.
(4) Landscape buffer widths shall be a minimum of eight feet for Class II and III trees and ten feet for Class I trees, as measured from the inside of the sidewalk to the inside of the curb.
(5) Irrigated landscaping, by agreement with the Ada County Highway District (ACHD), is required in unpaved areas within the undeveloped public street right-of-way.
C. Street Trees: The following standards shall apply to all areas located between a detached sidewalk and a public street right-of-way. If an attached sidewalk is present, the following standards shall apply to the area located between the attached sidewalk and the closest primary building on the property.
(1) All required street frontage landscaping shall be planted with trees and shrubs, or other vegetative groundcover, not including turf that requires regular maintenance, with a minimum density of one tree per 40 lineal feet.
(2) The largest possible class of tree shall be planted in street frontage landscaping to the maximum extent practicable.
(3) Coniferous and evergreen trees are only allowed to be installed in planting areas between sidewalks and streets greater than 20 feet in width in width.
(4) Tree grates shall be a minimum of 36 square feet in size.
(5) Trees located in the public right-of-way shall be comply with Title 7, Chapter 3 of the Boise City Code.
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5. Site Perimeter Buffers:
A. Arterial and Collector Street Buffering:
(1) Applicability: Where lots containing Single-Family Detached or Attached, Duplex, Triplex, Fourplex, Co-Housing, Cottage Village Dwellings or Manufactured Home Communities are adjacent to collector or arterial streets as shown on the current Ada County Highway District Master Street Map, the following landscape buffer standards apply.
(2) Frontage Road:
(a) Frontage roads, as permitted by the Ada County Highway District and separated from a collector or arterial street by a 10 foot wide landscape buffer, may be permitted.
(b) The landscape buffer 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.
(3) Side and Rear Perimeters:
(a) If a non-buildable lot abutting an arterial or collector street is created pursuant to Section 11-04-04.4.E(2), Side and Rear Lot Line/Property Lines, it shall be landscaped pursuant to Subsection B below.
(b) If the buffer required by Section 11-04-04.4.E(2), Side and Rear Lot Line/Property Lines, is located within one or more platted lots, only the required side and/or rear setbacks on those lots (not the entire depth of the buffer shall be landscaped pursuant to Subsection B below.
(c) Fences and walls shall not be placed within the following areas:
i. The internal boundary of the required landscape buffer;
ii. A minimum of five feet from the back of attached sidewalks;
iii. At the back of sidewalks separated from the curb by landscaping (unless the fence is not higher than four feet tall); or
iv. 15 feet from back of curb.
B. Other Side and Rear Perimeter Buffers:
(1) Applicability: Side and rear landscape buffers shall be required for all boundaries of Multiple-Family Dwelling, mixed-use, and nonresidential developments that are not adjacent to collector or arterial streets as shown on the current Ada County Highway District Master Street Map.
(2) Size and Location: Landscape buffer widths shall be based on the required setbacks of the underlying zoning district or the minimum width to accommodate the required plantings at full maturity, whichever is greater. All required side and rear buffers shall be located within the property and shall be maintained by the property owner. Where a utility easement is present, buffers shall be located adjacent to but not interfere with the easement.
(3) Parking Lot/Vehicular Use Area Buffers:
(a) If an interior side or rear lot line/property line is adjacent to a parking lot or other vehicular use area including but not limited to vehicle sales areas, truck and bus parking areas and driveways the perimeter landscape strip shall be planted with one tree per 40 lineal feet.
(b) Species shall be selected from the Treasure Valley Tree Selection Guide or an alternative approved by Community Forestry.
(c) Clustering of trees is allowed, but clustered trees shall be spaced no closer than 80 percent of the average mature width of the trees, except as otherwise allowed by Community Forestry.
(d) In the event of a conflict between the standards in Subsection (a) above and the standards in Section 11-04-09.5.B(4), Lot Buffers Between Different Land Uses below, the standard requiring the more intense visual screen, as determined by the Planning Director, shall apply.
C. Lot Buffers Between Different Land Uses:
(1) Applicability: Lot buffers shall be required along the entire contiguous property lines between Residential uses and mixed-use or nonresidential uses.
(2) Required Landscaping: Required buffering shall be of one of the following four different types of landscaping, each of which has a defined purpose, but all of which shall be required to provide visual buffering to a height of eight feet above grade at maturity.
(a) Type A - Screened Separation: Type A landscaping is intended to function as a full screen and visual barrier.
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(b) Type B - Filtered Screen: Type B landscaping is intended to function as a visual separator.
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(c) Type C - Visual Enhancement: Type C landscaping is intended to function as a partial visual separator that softens the appearance of parking areas and building elevations.
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(d) Type D - Other: Type D landscaping is all other landscaped areas that do not quality as Type A, B, or C landscaping.
(3) Standard Buffer Types:
(a) Each required standard buffer shall comply with the buffer widths and planting requirements in Table 11-04.17 below.
STANDARD | TYPE A | TYPE B | TYPE C | TYPE D |
PRIMARY PLANT MATERIALS [1] | A mix of primarily evergreen trees and shrubs | A mix of evergreen and deciduous trees and shrubs | Primarily deciduous trees | Native and low maintenance trees and shrubs, flower and perennial beds, and limited lawn areas |
PLANT SPACING | The selected plant materials and configuration shall provide full horizontal screening of the site feature or adjacent property within six years of installation. | Trees provided at the rate of one tree per 40 linear feet of landscape strip | Trees provided at the rate of one tree per 40 linear feet of landscape strip | N/A |
ADDITIONA L PLANTING MATERIALS | Groundcover | Groundcover | Shrubs and groundcover | N/A |
ALTERNATI VE LANDSCAPI NG | N/A | Alternative tree spacing will be considered provided the plant materials and configuration meet the intent of the standards within three years of planting. | Alternative tree spacing will be considered provided the plant materials and configuration meet the intent of the standards within three years of planting. | N/A |
Notes: [1] All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls, and berms may also be incorporated into the buffer area. |
(b) Standard buffer types A, B, C, and D shall be required in the adjacent use situations shown in Table 11-04.18 below.
i. Standard buffer types A, B, C, and D shall be required in the adjacent use situations shown in Table 11-04.18
below.
ADJACENT USES AND ZONING | |||||||
PROPOSED NEW DEVELOPMENT | SINGLE-FAMILY DETACHED | EXISTING RESIDENTIAL IN NONRESIDENTIAL ZONING DISTRICT | NONRESIDENTIAL USE OR VACANT LOT IN NONRESIDENTIAL ZONING DISTRICT | STREET RIGHT-OF-WAY [2] | PUBLIC TRAIL OR OPEN SPACE | ||
WITH FENCE [1] | WITHOUT FENCE [1] | WITH FENCE [1] | WITHOUT FENCE [1] |
ADJACENT USES AND ZONING | |||||||
PROPOSED NEW DEVELOPMENT | SINGLE-FAMILY DETACHED | EXISTING RESIDENTIAL IN NONRESIDENTIAL ZONING DISTRICT | NONRESIDENTIAL USE OR VACANT LOT IN NONRESIDENTIAL ZONING DISTRICT | STREET RIGHT-OF-WAY [2] | PUBLIC TRAIL OR OPEN SPACE | ||
WITH FENCE [1] | WITHOUT FENCE [1] | WITH FENCE [1] | WITHOUT FENCE [1] | ||||
SINGLE-FAMILY ATTACHED & MULTIPLE-FAMILY (UP TO 3 STORIES) | B or C | A | B or C | A | A, B, C, or D | A, B, C, or D (storefront building frontages are exempt) | A, B, C, or D |
OFFICE, COMMERCIAL, AND MIXED-USE (UP TO 3 STORIES) | B or C | A | B or C | A | A, B, C, or D (storefront building frontages are exempt) | ||
OFFICE, COMMERCIAL, AND MIXED-USE (> 3 STORIES) | B or C | A | B or C | A | |||
INDUSTRIAL | B or C | A | B or C | A | A, B, C, or D | ||
PARKING AREA | A or B | N/A | B or C | A | C | C | A, B, C, or D |
SERVICE, LOADING, OR WASTE MANAGEMENT AREA | A
| N/A
| A or B
| A or B except where designed as a shared service areas with adjacent property
| A
| A or B
| |
Notes: [1] Fence refers to a privacy fence placed at or near the property line and behind the landscaping. Fences shall have a maximum height of six feet in residential areas and eight feet in commercial/industrial areas. [2] Buffer width shall follow the minimum setback of the underlying zoning district or the minimum width to accommodate the required plantings at full maturity, whichever is greater. | |||||||
(4) Additional Standards:
(a) Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet tall is provided, the planting requirement may be reduced to at least one tree per 40 lineal feet, plus shrubs, lawn, or other vegetative groundcover, in lieu of the requirements of Subsections (2) and (3). Clustering of trees is allowed, but trees shall be spaced no closer than 80 percent of the average mature width of the trees, except as otherwise allowed by Community Forestry.
(b)
Chain-link fencing does not qualify as a screening material. If a chain link fence shall be installed for security or other reasons, the buffer shall still be landscaped as described in Subsections (2), (3), and (4).
(c) Landscaping and screens shall not eliminate required pedestrian access between Residential zoning districts and other districts or land uses.
(d) Landscaping and screens shall not conflict with utility easements.
6. Parking Lot Interior Landscaping:
A. Applicability: Interior parking lot landscaping shall be required in any parking lot with 10 spaces or more, including vehicle sales lots, as listed in Table 11-03.1
: Table of Allowed Uses.
B. Planter Design and Size:
(1) Landscaping shall be installed in planter islands or stormwater infiltration swales designed to allow infiltration and passive treatment of stormwater, as shown in Figure 4.29
.
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(2) Planter islands or swales shall be a minimum of eight feet in width for Class II or III trees and 10 feet for Class I trees and shall be at least equal in length to the adjacent parking spaces. Dimensions are measured inside curbs.
C. Landscaping Locations:
(1) No linear grouping of parking spaces shall exceed 10 in a row, without an interior planter island or swale.
(2) Interior planter islands or swales shall be used to guide major traffic movement within the parking area.
(3) Terminal planter islands or swales shall be provided at the ends of rows of parking to protect parked vehicles and confine moving traffic to aisles and driveways.
(4) Interior planter islands or swales shall be distributed as evenly as practicable to reduce the visual impact of long rows of parked cars.
(5) Internal parking lot walkways shall include shade trees planted along at least one side of the walkway and spaced at a minimum of one tree per 30 linear feet.
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D. Trees Required:
(1)
Each interior or terminal planter island or swale that serves a single row of parking spaces shall be landscaped in compliance with Type C landscaping as described in Section 11-04-09.5.C(2)(c) and at least one Class III tree.
(2) Each interior or terminal planter island or swale that serves a double row of parking spaces shall have at least two Class II trees and shall be covered with low shrubs or other vegetative groundcover.
(3) Class I trees shall only be allowed where a larger class of tree would create conflicts with overhead utility lines.
(4) Deciduous shade trees shall be pruned to a minimum height of eight feet above the adjacent parking areas. Evergreen trees are prohibited in interior planters.
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E. Lights Prohibited: Light poles and fixtures shall be located outside of landscape planter islands, landscape buffers or swales that contain required trees.
7. Building Foundation Planting: All street-facing building elevations, except for those in the MX-5 zoning district and those located within 20 feet of the front lot line/property line in the MX-1, MX-2, MX-3, and MX-4 zoning districts, shall have landscaping along any exposed foundation except those portions of the buildings that provide access for pedestrians or buildings to the building. Foundation landscaping shall comply with the following standards:
A.
The landscaped area shall be at least three feet wide and shall not impede the passage of pedestrians on the adjacent sidewalk.
B. There shall be at least one three-gallon shrub for every three feet of linear foundation.
C. Ground cover plants shall fully cover the remainder of the landscaped area.
8. Tree Preservation: All development shall comply with the following standards.
A. Credit Towards Required Landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping.
B. Parking Reduction: Healthy desirable trees may be preserved in exchange for a parking reduction as set forth in Section 11-04-08.7.D, Tree Preservation.
C. Mitigation Trees:
(1) Each healthy desirable tree with four inch caliper or greater that is removed shall be replaced with one or more trees with a combined caliper equal to the caliper of the tree that was removed.
(2) Each required replacement tree shall be of one-and-one-half inch caliper or greater.
(3) Required replacement trees shall be located either on-site or off-site based on the recommendation of the City Forester.
D. Protection During Construction:
(1) Applicants shall coordinate with Community Forestry during construction to ensure adequate tree protection. Trees within a construction area shall be evaluated by a certified arborist, and a tree inventory of the site should be used to develop a tree protection plan that includes tree descriptions, protection fences, protection of root zones, and other information identified by the City Forester.
(2) Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. Protection barriers around existing trees are required for the duration of construction. Protection barriers shall be an immovable metal fence with no door or access within the tree protection zone and a minimum height of six feet, and shall be installed prior to construction with adequate signage.
(3) Irrigation shall be provided within the tree protection zone throughout the duration of construction and shall be removed, when appropriate, in conjunction with the installation of permanent irrigation. Acceptable irrigation delivery methods include but are not limited to drip irrigation, above ground sprinklers, soaker hoses, or tanks.
(4) Construction within the tree protection zone of existing trees shall be avoided to the maximum extent practicable, but where construction activities shall occur, they shall comply with the following standards:
(a) Between six and 12 inches of mulch/wood chips or four inches of mulch with ground protection mats on top shall be used to reduce soil compaction.
(b) Trunk protection shall be installed to the maximum extent practicable for trees that are near impervious surfaces, or where vehicles or pedestrians performing work within the tree protection zone may cause damage.
(c) Impervious surfaces may be allowed at a distance from the trunk of a retained tree not less than the diameter at breast height plus five feet.
(d) If excavation is required within the critical root zone, air spading, hand digging, and/or boring methods shall be used, and if root pruning within the critical root zone is required, pruning shall be performed by hand, to the maximum extent practicable.
(e) Grade changes within the critical root zone of existing trees shall be avoided to the maximum extent practicable and are only permitted following a recommendation by the City Forester or a certified Arborist.
(f) Tree pruning for clearance shall be performed by a certified Arborist prior to construction.
(g) New underground utilities to be placed within the critical root zone of existing trees shall be installed as pursuant to Section 11-04-09.3.F(3)(c), Trenching.
9. Stormwater Integration:
A. Purpose: The purpose of this Section 11-04-09
.9 is to encourage the incorporation of vegetated, well-designed stormwater filtration swales into landscape areas where topography and hydrologic features allow. Such integrated site designs improve water quality and provide a natural, effective form of flood and water pollution control. Landscape areas that incorporate stormwater swales shall generally be in addition to the landscaping required by this Section.
B. Design Standards: New Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the following standards to the maximum extent practicable, after initial consultation with Planning and Development Services and Public Works Departments regarding the appropriateness of the site and initial designs. Additional information regarding stormwater system design is provided in the Boise Stormwater Design Manual and Stormwater Plant Materials Resource Guide, that are available from the Public Works Department.
(1) Street Swales: Except for Industrial Uses, as listed in Table 11-03.1
: Table of Allowed Uses, swales shall not be located in required landscape buffers along streets. Swales located along streets within required landscape buffers may be approved through the Alternative Compliance process in Section 11-04-09
.11. Swales located within street buffers shall meet the following standards:
(a) Swales shall not exceed twelve inches in storage depth;
(b) The beginning of the swale slope hall be separated from the edge of the sidewalk by a minimum of two feet;
(c) Street trees shall be provided as required by this Section;
(d) Rapid sand infiltration windows shall be integrated for timely drainage of stormwater; and
(e) No infiltration basins are allowed.
(2) Perimeter Buffers: Swales located within required buffers in side and rear yards shall meet the following standards:
(a) Swales shall not exceed 18 inches in storage depth;
(b) Trees shall be provided as required by this Section; and
(c) Rapid sand infiltration windows shall be integrated for timely drainage of stormwater.
(3) Materials and Design:
(a) Gravel, rock, or cobble on the surface of swales shall not exceed 20 percent of the surface area of the bottom of the swale. Cobble may be incorporated into required landscape areas if designed as a dry creek bed or other design feature.
(b) Stormwater swales shall be vegetated with appropriate plant materials. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. Examples of appropriate plants materials include, but are not limited to:
i. Trees: River Birch (Betula nigra), American Hornbeam (Carpinus caroliniana), Sweetgum (Liquidambar styraciflua), Cottonwood (populus trichocarpa), Willow (Salix spp), Sycamore (Platanus occidentalis) and Mountain Alder (Alnus tenuifolia).
ii. Shrubs: Red Osier Dogwood (Cornus sericea), Serviceberry (Amelanchier alnifolia), Rhododendrons (Rhododendron sp.), American Cranberry Bush (Viburnum trilobum), Golden Currant (Ribes aureum) and Drummond Willow (Salix drummondiana).
iii. Groundcovers: Sedges (Carex sp.), Spike Rush (Eleocharus acicularis), Maiden Grass (Miscanthus sp.), and Fountain Grass (Pennisetum sp.).
iv. Comprehensive List: A comprehensive and updated list of appropriate plant materials can be found on the City website and should be consulted.
(c) Organic mulch shall not be used adjacent to the flow path. Plant material shall be installed adjacent to the flow path and infiltration area to aid in capturing sediment and reducing clogging.
(d) Open water ponds and holding areas with a permanent water level are not permitted in required landscape or buffer areas, except along Interstate-84. However, ponds that are aesthetically designed with special grading and vegetative features may be approved as provided for through Alternative Compliance.
(e) Slopes shall not exceed three to one (3:1, horizontal: vertical).
10. Fences, Walls, and Screening:
A. Permitted Fencing and Screening Materials:
(1) In Historic Districts, a Certificate of Appropriateness is required for fences made with any material other than wood or wrought iron.
(2) Electric fences are prohibited.
(3) Barbed wire is permitted only in the I-1 and I-2 zoning districts unless the Planning Director determines that it is necessary for public safety and security related to a specific use, and only as the top section of a security fence. Barbed wire shall be located at least 72 inches above grade.
(4) Walls, lattices, and screens shall be considered to be fences.
(5) Boxes, sheet metal scraps, old or decayed wood, broken masonry blocks, or other unsightly materials are prohibited.
(6) Chain-link fencing shall not qualify as a screening material.
B. Permitted Fences:
(1) In Residential and Mixed-Use zoning districts, maximum fence heights are as follows:
(a) Solid fences to a height of 36 inches or open-vision fences to height of 48 inches may be built within the front yard setback. Open-vision may include slatted fences where the gap width is at least 50 percent of the slat width.
(b) Fences to a height of 72 inches may be built within the setbacks along the rear and side property lines. The Planning Director may authorize a greater height if the Planning Director determines the additional height is necessary for public safety and security related to a specific use.
(c) Fences between the front setback and the front of the building may be built to a height of forty-eight inches, except that the Planning Director may approve a greater height to appropriately screen windows from headlights or other disruptive lighting impacts from the street.
(d) One ornamental gate or entryway in a front or street side setback may be allowed to exceed the fence height limits, provided the gate or entryway does not exceed eight feet in height by six feet in width, and is not located within a clear vision triangle.
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(2) Standards Applicable to All Fences:
(a) The property owner installing the fence shall locate the fence entirely on their property or within an easement unless agreements are made with the abutting property owners.
(b) If a fence is to be erected upon and within public right-of-way, approval shall also be obtained from the ACHD.
(c) In Mixed-Use zoning districts, concrete and masonry walls of any height and fences over seven feet tall shall be approved by the Building Department.
(d) Fences, walls, or plantings on or within the clear vision triangle shall be limited to 36 inches in height.
(e) Multiple fences, railings, and/ or privacy screens within setbacks shall be separated by a minimum distance of five feet in order to be considered separate
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(f) All fences shall be maintained in accordance with Section 11-04-013.1, Landscaping, Buffering, and Screening Maintenance.
C. Retaining Walls: The following shall apply to retaining walls located within setbacks:
(1) Individual retaining walls shall not exceed 36 inches in height when located within a front setback or clear vision triangle.
(2) Individual retaining walls shall not exceed 72 inches in height when located within any other setback.
(3) Walls shall be separated by a minimum distance of five feet in order to be considered as separate walls.
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(4) If the wall is located in the HS-O district, multiple walls with a combined height that exceeds the height allowed in the setback may be approved through the Category 2 Hillside Development Permit process if the design complies with the following conditions:
(a) The additional height is necessary and appropriate because of the size, configuration, topography, or other unique characteristics of the property;
(b) The Planning Director and City Engineer have jointly determined that the height, location, and grading for the walls are the minimum necessary for reasonable development of the property;
(c) The additional height will not have any substantial detrimental effect on adjacent or nearby properties;
(d) Terraces between the walls are of sufficient width and depth to accommodate landscaping or other techniques designed to reduce the visual impact. Conditions requiring such techniques shall be incorporated into the permit; and
(e) Clear vision triangles are free of obstructions that exceed 36 inches in height.
D. Screening:
(1) Applicability: This Section 11-04-09
.10.D shall apply to all Multiple-Family Dwelling, mixed-use, and nonresidential development in all districts, except the I-2 zoning district when not adjacent to residential uses.
(2) Parking and Storage Areas: All parking and storage areas including vehicle sales areas, truck parking areas, bus parking areas, and service drives shall comply with the following standards:
(a) A solid Type B screen at least five feet deep, with a height not less than eight feet shall be provided when a parking lot is adjacent to the side and/or rear yard of a residential land use.
(3) Service Areas:
(a) All developments shall comply with all applicable regulations, ordinances, and design standards for solid waste adopted by the City, including specifics around site design and solid waste service. If there is a conflict between the requirements of this Section and solid waste design standards, the Planning Director in consultation with the Director of Public Works shall determine which standard shall apply.
(b) Service areas visible from the street, pathway, public space, or parking area shall be enclosed and screened around their perimeter by a durable wall or fence at least six feet high.
(c) Developments shall use materials and detailing consistent with primary structures on-site. Acceptable materials include brick, concrete block, or stone.
(d) The sides and rear of the enclosure shall be screened with Type A, B, or C as described in Section 11-04-09
.
5.C(2), at least five feet deep in locations visible from the street, dwelling units, customer parking areas, or pathways to soften the views of the screening element and add visual interest.
(e) Collection points shall be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicle traffic or does not require that a hauling truck project into any public right-of -way.
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(4) Mechanical and Utility Equipment:
(a) Roof-Mounted:
i. Roof-mounted mechanical equipment shall be integrated into the building's overall design so as not to be visible from five feet above ground on any lot line/property line, and from any adjacent public rights-of-way or open spaces to the maximum extent practicable.
ii. Where integration to avoid visibility is not practicable, roof-mounted mechanical equipment shall be screened from view from five feet above ground on any lot line/property line, and from any adjacent public rights-of-way or open spaces using parapet walls or an enclosure using one of the primary building façade colors to surround the equipment.
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(b) Ground-Mounted: Ground-mounted mechanical equipment located within view of customer entrances and public rights-of-way or open spaces shall be integrated into the overall site design, the architectural design of the building, and screened from public view using one or a combination of the following:
i. A decorative wall, fence or enclosure that is constructed of one of the primary materials and colors used on the adjacent façade of the building, and of a height that is not less than the height of the equipment to be screened; or
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ii. Landscaping that is of sufficient height at maturity and of opacity to effectively soften and screen views of the equipment, and that is integrated into the overall landscape plan.
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11. Alternative Compliance:
B. Process:
(1) General: The applicant shall request Alternative Compliance in conjunction with the submittal of a Zoning Certificate, Conditional Use Permit, or Design Review application, or upon the determination that the development does not comply with the specific provisions of this Section 11-04-09, at the applicant's option. The request will be considered by the same approval body as the base application. The request shall specify:
(a) The specific requirements that are proposed to be modified;
(b) The reasons for the modification; and
(c) A demonstration of how the alternative means for compliance meets the requirements' intended purpose.
(2) Stormwater Swales: Stormwater swales within front setbacks can be approved administratively provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with Section 11-04-09.9. A landscape plan with swale construction details that incorporates the landscape design shall be submitted for the staff level review.
C. Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation.
D. Required Findings: An application for Alternative Compliance may be approved if the Planning Director determines that:
(1) Strict adherence or application of the requirements is not practicable because one of the following conditions exist:
(a) Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;
(b) The site involves space limitations or an unusually shaped lot;
(c) Safety considerations;
(d) Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Section;
(e) The proposed design includes innovative design features based on "new urbanism," "neotraditional design," or other site designs that promote walkable and mixed use neighborhoods; or
(f) Environmental quality benefits.
(2) The Alternative Compliance provides an equal or superior means for meeting the requirements; and
(3) The alternative means will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties.
12. Compliance with Design Standards:
A. In addition to the standards required by this Section 11-04-09
, all Multiple-Family Dwelling, mixed-use, and nonresidential development shall comply with the standards and other mandatory content in the Citywide or Downtown Design Standards and Guidelines, as applicable in the area where the property is located.
B. In the event of a conflict between the standards in this Section 11-04-09
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)
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