ABATE: To repair, replace, remove, destroy, or otherwise remedy a condition by such means and in such manner and to such an extent as the Planning Director shall determine is necessary in the interest of the general health, safety, and welfare of the community.
ABUTTING: Bordering or touching, such as sharing a common lot line/property line. Lots or parcels that are separated by a street, public right-of-way, or platted alley are not abutting.
ACCESS: The location or means by which pedestrians, bicycles, or vehicles shall have safe, adequate, and usable ingress and egress to a property, use, or parking space.
ACCESS, EMERGENCY: An additional route of access to a development for emergency vehicles. Use of emergency access is restricted to emergency vehicles by means of bollards, gates, or some other device to prohibit general use by the public. Emergency access shall meet the requirements of the Uniform Fire Code as adopted by the City.
ACCESSIBLE: Describes a site, building, facility, or a portion of a site, building, or facility, that can be approached, entered, and used by people with disabilities.
ACCESSORY DWELLING UNIT: Except as may be further restricted, an Accessory Dwelling Unit is a dwelling unit that contains a kitchen, a full bathroom (including a shower or tub), and living and sleeping areas (which may be combined), that is incidental and subordinate to the principal use of the premises, that is located on the same lot or parcel as a principal dwelling unit, and that does not alter the essential characteristic of the principal use of the property.
ACCESSORY STRUCTURE: A structure greater than 12 inches in height as measured from grade, detached from a primary structure located on the same lot or parcel, and customarily incidental and subordinate to the primary structure, or principal use.
ACCESSORY USE: A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
ACHD: Ada County Highway District.
ACTIVE USE: A land use that tends to have or encourage interaction between the use and pedestrians on a street, including entering and exiting the use, and viewing activity and/or merchandise inside the use from a street. This does not include ground floor parking areas, storage areas, utility facilities, or stairwells that are not accessible from the street.
ADAPTIVE REUSE: The modification of an existing building for new use(s), while maintaining the architectural integrity of the original structure.
ADJACENT: The condition where two lots, parcels, structures, or uses touch or share one or more common property line, or where two lots, parcels, structures, or uses are separated only by an alley, easement, roadway, street, canal, or other public right of way.
ADULT OR CHILD DAY CARE: A facility, by whatever name known, that is maintained for the whole or part of a day for the care of children or for elderly and/or functionally impaired adults, and that is not located in a dwelling unit occupied by any of the operators of the facility. The facility shall be operated with or without compensation for such care and with or without stated educational purposes and shall hold a valid state license for the operating of an adult or child day care center that provides day care services, including monitoring of clients, social and recreational services, food and nourishment, and health support services. This use does not include "Home Occupation, Adult or Child Day Care."
ADULT OR CHILD DAY CARE CENTER, LARGE: An Adult or Child Day Care providing for 26 or more persons.
ADULT OR CHILD DAY CARE CENTER, SMALL: An Adult or Child Day Care providing for 13 to 25 persons.
ADULT OR CHILD DAY CARE FACILITY: An Adult or Child Day Care providing for seven to 12 persons.
AFFECTED PERSON: A person having a bona fide interest in real property that may be adversely affected by the approval, denial, or failure to act upon an application required or authorized under this Code.
AFFORDABLE HOUSING: A residential dwelling for which the household pays no more than 30 percent of their gross income for housing costs (including utilities) and where the annual household income does not exceed 80 percent of the Area Median Income.
AGRICULTURAL USES OR STABLES: Tilling of soil, aquaculture, raising crops, livestock, farming, dairying, and animal husbandry including all customarily accessory and incidental uses, but excluding hogs, slaughterhouses, fertilizer works, bone yards, and commercial feed lots; or a building or structure used or designed for the boarding or care of riding horses.
AIRCRAFT LANDING FIELD: Any area of land or water that is used or intended for use by aircraft and including the necessary appurtenant structures or facilities located thereon.
ALLEY: A minor way that provides access at the back or side of a property or a secondary means of access to abutting property and that is not intended as a traffic thoroughfare.
ALLOWED USE, ALLOWED/ ALTERNATIVE FORM:
ALLOWED FORM: An allowed use where the site and building design significantly impacts the future anticipated build out of the City, and proposed development complies with the additional conditions on the form of the building in which the use is located.
ALTERNATIVE FORM: An allowed use where the site and building design significantly impacts the future anticipated build out of the City, and the proposed development does not meet the additional conditions on the form of the building in which the use is located.
ALTERATIONS: Any change, other than incidental repairs, to the supporting members of a building or structure, such as bearing walls, columns, beams, and girders.
ANIMAL, LARGE: Animals including horses, mules, donkeys, llamas, sheep, and goats. Other animals that are not listed but are of a similar size, as determined by the Planning Director, are subject to all regulations in this Code for large animals.
ANIMALS, SMALL: Animals such as rabbits, poultry, geese, domestic birds, and game birds, excluding such birds as are caged and housed inside the dwelling, and other animals deemed as such by the Planning Director and not raised for commercial purposes. Commercial purposes or uses do not include FFA, 4-H, or other student projects.
ANIMALS, SMALL: Animals such as rabbits, poultry, geese, domestic birds, and game birds, excluding such birds as are caged and housed inside the dwelling, and other animals deemed as such by the Planning Director and not raised for commercial purposes. Commercial purposes or uses do not include FFA, 4-H, or other student projects.
ANIMAL DAYCARE OR KENNEL: Any place or premise used in whole or in part to provide care and service for pet animals, including grooming, training, day care, and any use that meets the definition of Kennel.
ANIMAL HOSPITAL OR CLINIC: An establishment where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. This use does not include a "Kennel," and overnight boarding of animals shall only be permitted when incidental to such medical treatment and limited to short periods of time.
ANIMAL UNIT: A unit of measure for determining livestock densities.
A. Each mature horse, mule, donkey, llama, or cow shall represent one animal unit.
B. Four mature sheep, swine, or goats shall represent one animal unit.
C. Six mature geese, turkeys, or game birds shall represent one animal unit.
D. 10 mature rabbits shall represent one animal unit.
E. 12 mature chickens or ducks shall represent one animal unit.
F. The animal unit equivalency for miniature versions of pigs and other animals shall be determined by the Planning Director based on their size and potential impact on surrounding areas.
ANNEXATION: The process by which the City's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code 2.C50-222.
APIARY: A place where bee colonies are kept.
APPEAL: A request for a review of any decision or interpretation of any provision of this Code.
APPELLANT: A party of record or other person who is entitled by law to appeal and who initiates an appeal.
APPLICANT: An individual, corporation, firm, or group who submits an application under this Code, or who represents an applicant under this Code. If the applicant is not the property owner, the property owner's written permission to submit the application shall be included with submittal materials.
APPROVED TOPOGRAPHY: The natural topography of a parcel or the topographic conditions of a parcel approved by the City prior to the Effective Date of this Code, or as approved by a Subdivision, Conditional Use Permit, Hillside, and Foothill Development Permit, Grading Permit, or Building Permit.
ARCHITECT: An individual holding a valid architect's license from the State of Idaho that renders or offers services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings. The services covered within this definition include architectural planning, advice, and consultation; providing preliminary studies; architectural design, drawings, and specifications; technical submissions; and administration of construction contracts.
AREA OF IMPACT: An area mutually agreed upon, including plans and codes, between a city and county as provided for by Idaho Code §67-6526 and §50-1306.
AREA, BUILDABLE: An area with a natural (pre-grading) slope of 25 percent or less, mapped to a minimum resolution of 6,000 square feet in area.
AREA, NON-BUILDABLE: An area with a natural (pre-grading) slope greater than 25 percent, mapped to a minimum resolution of 6,000 square feet in area.
ART GALLERY, MUSEUM, OR LIBRARY: A facility or area that is open to the public and is intended for the display, appraisal, purchase, sale, loan, of books, paintings, sculptures, or other works of original art; or a building that has significance for its architecture or former use or occupancy or that serves as a repository for a collection of natural, scientific, literary, artistic, or objects of interests; or a place that contains print or non-print materials, manuscripts, books, periodicals, computers, recordings and other material for viewing, listening, study or reference. Accessory uses can include meeting rooms, classrooms, gift shops or cafes.
ASSISTED LIVING FACILITY: A facility combining housing, supportive services, personalized assistance, and health care, designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, and bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration, but do not require hospitalization. This use does not contain equipment for surgical care or for treatment of disease or injury and does not include any use meeting the definition of a "convalescent or nursing home."
ATTACHED: Anything physically connected to a building or structure so as to become an integral part of the building or structure. The term includes components of a structure joined together by a common wall, floor, or ceiling or a fully enclosed hallway.
AUDITORIUM OR THEATER, INDOOR: An establishment devoted to showing motion pictures or dramatic, dance, musical, or other live performances.
AWNING: A projecting cover extending over a door, window, or wall section with supports attached to the building and used as cover, protection, or as decoration.
BACK-OF-SIDEWALK: The side of a sidewalk furthest from the street to which that sidewalk is roughly parallel.
BACKUP AREA: An area, generally located between a parking garage or parking space and a street or alley, that is designed to allow and large enough to allow a motor vehicle backing out of the parking garage or parking space to reorient itself so that it is able to avoid backing into the street or alley right-of-way and can instead enter the street or alley right-of-way moving forward.
BALCONY: A platform enclosed by a parapet or a railing that projects from an exterior wall of a building. Balconies do not include stairs for exterior exiting.
BASEMENT: The story or level of a building that is partially or totally below ground level. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
BASE ZONING DISTRICT: The zoning district classification that is in effect on any given land for which standards are included in this Code.
BED AND BREAKFAST: A lodging establishment, generally in a Single-Family Detached Dwelling or detached guesthouses, primarily engaged in providing overnight or otherwise temporary lodging for the general public, accompanied by food service. The bed and breakfast establishment is the owner's personal residence and is occupied by the owner or employee at the time of the guests' stay.
BEE: Any stage of the life cycle of the common domestic honey bee.
BEEKEEPING, ACCESSORY: The management and maintenance of beehives, colonies, combs, and other associated appliances as an accessory use to an allowed or conditional principal use.
BEST-IN-CLASS TRANSIT ROUTE: A transit route that runs every 30 minutes throughout the day, runs every 15 minutes during high usage hours, has increased hours of operation Monday through Friday (5:30 am to 9:30 pm) and Saturday (8:00 a.m. to 9:00 p.m.) and may include amenities such as a shelter structure and real-time route and tracking information.
BICYCLIST: For the purpose of this Code, the term "bicyclist" includes, but is not limited to users of bicycles and other non-motorized modes of transportation (such as skates, skateboards, push scooters, hand carts, or wheelchairs) as well as electric power-assisted bicycles and scooters as defined and regulated by Title 6, Chapter 13 of the Boise City Code.
BLOCK: A space along one side of a street that is the lesser of that between the two nearest intersecting streets, or that between an intersecting street and a public right-of-way, waterway, or other similar barrier.
BOARDING HOUSE: An establishment within a residential structure that is the operator's personal primary residence (not including a Hotel or Motel) where lodging is provided for a minimum occupancy term of 28 days or longer, and where meals may be provided, for compensation, to six to 12 guests who are not members of the householder's family.
BOISE RIVER SYSTEM-RELATED DEFINITIONS:
BUILDABLE SITE: For the purpose of Section 11-02-07.3.E, BR-O: Boise River System Overlay, a residential, commercial, industrial, or office construction site that does not require dikes or rip-rap for protection against flooding.
C.F.S. (or c.f.s.): When used in the context of administration of the Boise River System Overlay district regulations, the abbreviation c.f.s. indicates cubic feet (of water) per second.
CLASS A, B, AND C LANDS AND WATERS: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, lands and waters that provide habitats for fish, birds, and other wildlife.
COMPENSATION: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values.
COMPENSATION, IN-KIND: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, restoration of degraded, appropriate enhancement of existing, or creation of new natural resource functions and values that are the same as those natural resource functions and values that are impacted by a proposed action.
ENHANCEMENT: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, improvement of natural resource functions and values beyond the minimum required for mitigation and compensation.
GREENBELT, BOISE RIVER: Land within 70 feet of the 6500 c.f.s flow line of the Boise River that may be owned by the City or over which the City may have a right of possession or use and that:
A. Is designated by the City Council to be retained in perpetuity for public use for purposes compatible with the aesthetic, wildlife, educational, and recreational values of the Boise River;
B. Will provide unrestricted access to the river; and
C. Will be developed and used to minimize water pollution, provide continuity of the public parks system, and create a buffer where necessary between conflicting land uses.
MITIGATION: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, measures to avoid impacts, minimize impacts, restore impacted areas, and compensate for impacts to a natural resource attributable to a proposed action.
MITIGATION SEQUENCE: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, a prescribed procedure for planning mitigation that requires negative impacts to a natural resource attributable to a proposed action to be mitigated.
NATURAL RESOURCES: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, all of the plants, animals, and environmental and ecological processes that occur in aquatic, wetland, riparian, and upland environments associated with the Boise River.
NATURAL RESOURCE FUNCTIONS AND VALUES: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, environmental, ecological, recreational, historic, and cultural benefits attributable to natural resources that occur in aquatic, wetland, riparian, and upland environments associated with the Boise River. They are further described in the Federal Highway Administration publication titled A Method for Wetland Functional Assessment and the US Army Corps of Engineers publication titled Wetland Evaluation Technique (WET) II.
NO NET LOSS: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, a measure of the success of mitigation that requires avoidance, minimization, restoration, and compensation of all functions, and values of a natural resource impacted by a proposed action.
PATHS, BICYCLE AND PEDESTRIAN: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, paved bicycle paths or unpaved pedestrian paths built within the Boise River System. Paved bicycle paths shall meet the requirements of the Boise City Pathways Master Plan (and other appropriate and relative design manuals).
SIDE CHANNEL: A stream or watercourse, either natural or manmade, that generally flows from or into the Boise River. This includes waterways developed as amenities in residential or commercial developments.
TRIBUTARY: A stream or watercourse, excluding manmade waterways exclusively used for irrigation, that flows into the Boise River that flows for all or a portion of the year.
WETLAND: An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, supports a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include saturated swamps, marshes, bogs, and similar areas.
WETLAND, EMERGENT: Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses, and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. Other common names are "marsh" and "slough."
WETLAND, FORESTED: Wetland areas characterized by wood vegetation over 20 feet tall and possessing an overstory of trees, an understory of young trees or shrubs, and an herbaceous layer.
WETLAND, RIPARIAN FUNCTIONS AND VALUES: As used in Section 11-02-07.3.E, BR-O: Boise River System Overlay, includes water quality protection and improvement, habitat for fisheries and wildlife, nutrient retention and removal, channel stability, food chain support, flood storage, desynchronization, groundwater recharge and discharge, active, and passive recreation, aesthetics, and cultural resources. See also, Natural Resource Functions and Values.
WETLAND, SCRUB-SHRUB: Wetland areas that are dominated by woody vegetation less than 20 feet tall. The species include true shrubs, young trees, trees, and shrubs that are stunted because of environmental conditions. Includes types such as alder, willows, dogwood, and red maple.
BOTTLING AND DISTRIBUTION PLANT: A facility where soft drinks, juice, water, milk, alcoholic drinks, or other liquids are placed in bottles or cans for shipment. This use may include the combination of liquids or syrups to produce new liquids for placement in bottles or cans, the shipping and receiving of cans and bottles related to the operation, and incidental sales of bottled or canned liquids to the public but shall not include the fabrication of bottles or cans.
BREWPUB, MICRO-DISTILLERY, OR MICRO-WINERY: A commercial use that brews ales, beers, meads, distilled drinks, wines, and/or similar beverages on site and serves those beverages on site. Off-site sales are permitted as an accessory use.
BUILDING:
A. For purposes of historic preservation regulations, a resource created principally to shelter any form of human activity.
B. For all other purposes, any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings, and that is designed or intended for the shelter, enclosure, or protection of persons, animals, or personal property of any kind.
BUILDING, ACCESSORY: A building that is subordinate and incidental to the primary building or use on the same lot, but not including any building containing a dwelling unit.
BUILDING, COMPLETELY ENCLOSED: A building enclosed by a permanent roof and by exterior walls pierced only by windows and normal entrance or exit doors.
BUILDING ENVELOPE: The designated area on a lot within which a building or other structure (including footings) shall be contained, as defined by the setbacks of the underlying zoning district, the Subdivision Plat, or a development approval document issued pursuant to this Code.
BUILDING, EXISTING: Any building erected prior to the Effective Date of this Code or one for which a legal Building Permit has been issued.
BUILDING, NONCONFORMING: Any building that does not conform to the requirements of this Code.
BUILDING, PRINCIPAL: A building in which the principal use of the lot is conducted.
BUILDING MATERIALS: When used to describe a form of retail use, an establishment that sells large, bulky, or heavy goods generally used in constructing buildings or structures including but not limited to materials such as brick, stone, lumber, decking materials, plumbing supplies, electrical and other wiring, and/or agricultural goods, such as hay, grain, bulk garden supplies, tools, and equipment.
BUILDING OFFICIAL: The official or other designated authority charged with the administration and enforcement of adopted building, electrical, mechanical, or plumbing codes, or any combination of these codes.
BULK: The size and mutual relationships of buildings and other structures as to size, height, coverage, shape, and location of exterior walls in relation to lot line/property lines, to the center lines of the streets, to other walls of the same building, to other buildings or structures, and to all open spaces relating to the building or structure. This term is also referred to as "massing."
BULK STORAGE OF FLAMMABLE OR DANGEROUS MATERIALS: Any operation that stores, uses, or produces materials on-site in sufficient enough quantities to create an immediate risk of impacts beyond the boundaries of the facility. These risks of impacts include those resulting from explosion, fire, migration to waterways, toxic gas release or release of radioactive gases.
BUS STOP: An area abutting the curbside where passengers board or exit transit.
BUSINESS: The purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance, or commodity for profit or livelihood; the ownership or management of office buildings, offices, recreation, or amusement enterprises; or the maintenance and use for offices; or professions and trades rendering services.
CARETAKER'S RESIDENCE: A dwelling on a nonresidential property occupied by a person, and the immediate family of the person, who oversees or guards the operation.
CARPORT: A structure open on at least two sides used to house or protect motor vehicles that are owned or operated by the occupants of the primary building.
CELLAR: A storage room(s) located under the main floor or floors of a building and partly or totally below ground level.
CHANNEL: The bed and banks of a river, stream, tributary, or waterways.
CEMETERY: Land used or designated for the interment of human or animal remains and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.
CIRCULAR DRIVEWAY: A driveway with two points of access to a street which may serve a structure, a garage or other approved parking surfaces.
CITY COUNCIL: The City Council of the City of Boise, Idaho, including the term "Council" as referenced in this Code.
CITY OFFICIAL: A duly appointed member of a Board or Commission of the City of Boise or an employee of the City of Boise charged with carrying out specific duties related to this Code.
CLEAR VISION TRIANGLE:
CLEAR VISION TRIANGLE:
A. At a street intersection or street and railroad intersection, a clear vision triangle shall be formed horizontally by measuring 40 feet along the roadway edges or roadway and railroad track edges from the intersection of the roadway edges or roadway edge and railroad track and connecting those points, and vertically by measuring between three feet and 10 feet above grade, unless a different dimension or design is required by ACHD.
B. Where a driveway or alley enters the public right-of-way, a clear vision triangle shall be formed horizontally, by measuring 10 feet into the lot as measured from the sidewalk edge that is closest to the property line (or from the property line if no sidewalk exists), and 20 feet along the sidewalk edge (or property line if no sidewalk exists) parallel to the street, and vertically by measuring between three feet and 10 feet above grade.
CLUB, LODGE, OR SOCIAL HALL: A building that contains the nonresidential organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or other common goals, interests, or activities, characterized by membership qualifications, dues, or regular meetings.
COLLEGE OR OTHER INSTITUTION OF HIGHER EDUCATION: An institution that provides full-time or part-time education beyond high school and does not meet the definition of a Trade or Vocational School. This use includes Boise State University.
COLONY: As used in Section 11-03-03.4.B, Beekeeping, Accessory, bees in any hive including queens, workers, and drones.
COMMERCIAL: Any activity conducted with the intent of realizing a profit from the sale of goods or services.
COMMERCIAL FEEDLOT: A lot or parcel on which hogs or cattle are raised, bred, and slaughtered, or where livestock are fed intensively in order to fatten for market, or where livestock are held on a short-term basis prior to slaughter. It does not include short-term holding pens for auction facilities.
COMMON AREA/SPACE: Land within a subdivision or development that is designed and intended for the common use or enjoyment of the residents of the development and their guests and is not individually owned. It may include complementary structures and improvements such as a recreation area, parking, or landscaping.
COMMON PARTY WALL: A wall common to but dividing contiguous buildings; such a wall contains no openings and extends from its footing below the finished ground grade to the height of the exterior surface of the roof.
COMMUNITY CENTER: A building, together with accessory structures and uses, used for recreational, social, educational, or cultural activities by and for the benefit of community groups and individuals, that is accessible to the general public or to members of the residential development in which it is located, and that is not operated for profit.
COMMUNITY CENTER: A building, together with accessory structures and uses, used for recreational, social, educational, or cultural activities by and for the benefit of community groups and individuals, that is accessible to the general public or to members of the residential development in which it is located, and that is not operated for profit.
COMPATIBLE (WITH SURROUNDING DEVELOPMENT): Characteristics of uses, activities, designs, or facilities that allow them to be located near each other without creating significant negative visual, functional, or operational impacts on each other. Compatibility is determined based on comparing the height, scale, and bulk of structures; levels of activity discernible outside a structure; levels of pedestrian, bicycle, or vehicle traffic; levels of site circulation, site access, or parking activity; levels of landscaping, lighting, noise, odor, architectural features, and building materials for the proposed development with those on existing adjacent developed parcels. Compatibility does not require that two uses, activities, or designs be identical or substantially the same.
COMPOST: A humus-like material, produced from composting, that has been stabilized to a degree that is potentially beneficial to plant growth and that is usable as a soil conditioner, top soil, growing medium amendment, or other similar uses to buffer the soil Ph, improve soil aggregation and tilth, reduce erosion, enhance water infiltration and retention, increase soil porosity and aeration, slow the rate of temperature change in soil, provide food for soil microorganisms, or enhance availability of micronutrients in soils.
COMPOSTING FACILITY: A facility where organic matter that is derived primarily from off-site is processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, and curing.
COMPREHENSIVE PLAN: The most current Comprehensive Plan officially adopted for the City and as subsequently amended.
CONCENTRATED FEEDING AREA: That part of a site in which animals are raised or kept in a confined area at some location within the parcel or reserve area. A concentrated feeding area may include any feeding or holding operation where animals are concentrated in an area that is:
A. Not normally used for pasture or growing crops and in which animal waste may accumulate, or
B. Any trough or similar feeding apparatus.
CONDITIONAL USE: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning and Zoning Commission and granting of a Conditional Use Permit imposing such conditions as necessary to make the use compatible with other uses permitted in the same zoning district or vicinity. Conditional uses are issued for uses of land and are transferable from one owner of the land to another.
CONFERENCE OR EVENT CENTER: A facility designed to accommodate and support meetings or conferences. The facility may be either freestanding or incorporated into a hotel or office facility and may include eating and drinking facilities.
CONSTRUCTION, NEW: A structure designed, intended, constructed, erected, or moved for the first user. "First user" means the person, firm, or corporation who initially installs factory-built or otherwise newly constructed structures within the city. A person who subsequently purchases a structure that is wholly or partially factory-built or otherwise newly constructed is not a first user within the meaning of this definition.
CONSTRUCTION OFFICE: A moveable or modular structure or trailer used for the storage of construction materials and/or the offices or work spaces for construction managers or workers during the time a principal or accessory building is being constructed.
CONTINUING CARE RETIREMENT FACILITY: An establishment for care of the elderly that has common facilities and provides licensed intermediate and skilled nursing facilities for its residents, as well as other supportive services. This use generally incudes a variety of housing types and provides a variety of levels of assistance and care so that its residents may obtain higher levels of care and service as they age without having to move to another residential care facility.
CONTRACTOR SHOP AND YARD: A building and related outdoor areas used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. This use may include showrooms and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal, and other material in connection with contracting services.
CONVALESCENT OR NURSING HOME: An extended or intermediate care establishment licensed by the State of Idaho, that maintains and operates continuous day and night facilities providing room and board, personal services, and skilled nursing care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. Such home does not contain equipment for surgical care or for the treatment of injury.
CRITICAL ROOT ZONE: The area of soil around a tree where the minimum amount of roots considered critical to the structural stability or health of the tree are located. The critical root zone radius is ¼ of one foot per caliper inch measured diameter at breast height of the tree. For example, a tree with a 20 inch diameter will have a critical root zone radius of five feet.
CUL-DE-SAC: A dead-end street with turnaround space at its terminus.
CUT: To grade into a hillside in order to create a flat area or to steepen a bank. The mechanical removal of earth material.
CUT AND FILL: The excavating of earth material in one place and depositing of it as fill in a different place.
DAMAGED OR DILAPIDATED BUILDING: A primary or accessory building or structure that by reason of inadequate maintenance, damage by fire, flood, vandalism, obsolescence, or abandonment, is unsafe, unsanitary, constitutes a fire hazard, or that no longer complies with the applicable Building Code requirements for a building of its type, or is otherwise dangerous to human life.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the applicable governmental body as a public dedication, either by Code or resolution.
DESIGN REVIEW COMMISSION (DRC): The City of Boise Design Review Commission that reviews all development proposals within the Design Review Overlay Districts or subject to the adopted Citywide Design Standards and Guidelines and the Downtown Design Standards and Guidelines, and as indicated in Table 11-05.1: Summary of Review and Decision-Making Procedures, Sections 11-05-04, Common Procedures and 11-05-05, Specific Procedures.
DESIGN STANDARDS AND GUIDELINES, CITYWIDE: The adopted document containing the building location and orientation, internal circulation, site design elements, building design, and landscaping standards for Multiple-Family and nonresidential development outside of the Boise Downtown Planning Area.
DESIGN STANDARDS AND GUIDELINES, DOWNTOWN: The adopted document containing the building location and orientation, internal circulation, site design elements, and building design standards for Multiple-Family and nonresidential development in the Boise Downtown Planning Area, as amended.
DESIGNATED WATER PROVIDER: A municipal water provider that has prepared the requisite Assured Water Supply Examination of its water supply resources and obtained approval from the designated water resource official for a specific amount of assured water supply for future development.
DEVELOPMENT, NEW: Any development for which a planning application has been filed on or after the Effective Date of this Code or approval of which has been extended on or after the Effective Date of this Code.
DIAMETER AT BREAST HEIGHT: The measure of tree trunk diameter measured at 54 inches above the ground.
DIRECTOR, PLANNING: The person appointed by the Mayor to be generally responsible for planning and zoning activities in the city and for the administration of this Code, also referred to as the "Planning Director."
DISPLAY, OUTDOOR: Placement of items out-of-doors (i.e., not within a building) for show and sale to the general public. Examples include garden supplies or outdoor furniture placed in commercial parking lots in spring and summer time. This use does not include any use meeting the definition of "Outdoor Storage" or "Junkyard, Vehicle Salvage".
DISTRICT, OVERLAY: A zoning district that adds a requirement(s) to the standards of the underlying zoning district(s).
DISTRICT, ZONING: A geographically defined area of land within the City of Boise, as set forth in Chapter 11-02, Zoning Districts.
DOWNTOWN PLANNING AREA: The distinct planning area identified in the Comprehensive Plan bounded on its southwest side by the Boise River, the Boise Bench and Beacon Avenue, and generally by Broadway/Avenue A on the southeast, Fort Street on the northeast and 16th, 19th Street and Idaho Streets on the northwest.
DRIVE, SERVICE: A privately owned and maintained drive that provides access to commercial, industrial or Multiple-Family Dwelling parking lots and spaces, loading spaces, drive-up windows, or other areas that need a provision of access. This term is also referred to as "drive aisle."
DRIVE-THROUGH FACILITY: A facility, building feature, or equipment at which an occupant of a vehicle may make use of the service or business without leaving their vehicle.
DRIVEWAY: A private access connecting a building such as a house or garage, with a street.
DRIVEWAY, COMMON: A shared access that provides public or private street frontage and serves for ingress and egress for multiple residential parcels or lots.
DRIVEWAY, SHARED: A shared access that provides for ingress and egress and serves multiple residential parcels or lots, each having individual public or private street frontage.
DWELLING: A building or portion of a building containing one or more dwelling units. The term "dwelling" does not include any recreational vehicle, motel, hotel, guest house, or boarding house as defined in this Code.
DWELLING, CO-HOUSING: A residential building that contains four or more individual bedrooms where each bedroom is designed for occupancy by one or two individuals, and in which residents are required to sign individual occupancy agreements or leases for a period of at least 28 consecutive days. Each bedroom may, but need not, contain food preparation, sanitary facilities, or both. The building may contain some combination of shared bath or toilet facilities and/or shared cooking or eating facilities for occupants. This use includes but is not limited to single-room occupancy facilities, student housing, and both non-profit and for-profit housing cooperatives, but does not include any facility meeting the definition of an FHAA Group Home, Recovery Residence, or Boarding House use.
DWELLING, COTTAGE VILLAGE: A residential development that combines a group of small individual single-family dwelling units, oriented around an open space for communal use of the residents of the development. This definition shall not include any use meeting the definition of a Manufactured Home Community.
DWELLING, DUPLEX: A single building containing two dwellings on a single lot where each dwelling includes a separate bathroom and kitchen. The two units shall be able to function as dwelling units independently of each other, but may be located side-by-side, in front and behind, or above and below each other.
DWELLING, FOURPLEX: A single building on a single lot containing four dwelling units under one roof, each of which is designed for use and occupancy by one household.
DWELLING, LIVE/WORK: A dwelling unit containing an integrated living and working space, and in which the living area is located above or behind the working space.
DWELLING, MANUFACTURED HOME:
A. For purposes of flood protection regulations, a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured Home" does not include a "recreational vehicle."
B. For all other purposes, a factory-built structure that is manufactured or constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, that became effective July 15, 1976, and is to be used as a place for human habitation, but that is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and that does not have permanently attached to its body or frame any wheels or axles. Structures that are not manufactured or constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 are not Manufactured Homes and are prohibited within the city.
DWELLING, MULTIPLE-FAMILY: One or more buildings or portion of buildings on a single lot that contains five or more individual dwelling units, where each unit is occupied by one household regardless of whether the dwelling units are owned or rented or condominium units. This definition includes Permanent Supportive Housing and shall not include "Dwelling, Single-family Attached," Dwelling, Duplex," "Dwelling, Triplex," "Dwelling, Fourplex," or " Accessory Dwelling Unit."
DWELLING, SINGLE-FAMILY ATTACHED: Two or more attached single-family dwelling units attached side by side under one roof, or in a townhouse or row house layout in which each unit:
A. Shares one or two interior common vertical side or rear walls reaching from the building foundation to the roof structure;
B. Has an entrance facing and giving direct entrance from the dwelling unit to at least one public or private street fronting the lot on which the unit is located; and
C. Is designed for use and occupancy for one household.
DWELLING, SINGLE-FAMILY DETACHED: A residential building designed for use and occupancy by no more than one household or by any group residence in which eight or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity (including but not limited to FHAA Group Home Small) and not attached at any point to a primary building intended for occupancy by another household (except an approved Accessory Dwelling Unit) or for any other principal use.
DWELLING, TINY HOUSE: A residence that is 400 square feet or less that is located on a permanent foundation and has allowances for lower ceiling heights, lofts, use of alternate stairways, ladders, alternating tread devices, ships ladders. and egress roof access windows as noted in Appendix Q adopted in the International Residential Code.
DWELLING, TRIPLEX: A single building on a single lot containing three dwelling units under one roof, each of which is designed for use and occupancy by one household.
DWELLING UNIT: A building designed for or used as a residence for not more than one household, constituting a separate and independent housekeeping unit, with a single kitchen permanently installed. A dwelling unit may be occupied by a household by up to five unrelated individuals, or by persons with a disability or elderly persons living in a group home as defined in this Code. The term does not imply or include types of occupancy such as lodging or boarding house, club, sorority, fraternity, or hotel.
EASEMENT: A grant by the landowner of the right to use the owner's land for specific purposes.
ELECTRIC SUBSTATION: A structure that is part of an electric generation, transmission, and distribution system that:
A. Converts electric energy to a lesser voltage for the purpose of subregional or localized distribution;
B. Functions as a transition point from overhead to underground electric transmission lines; or
C. Acts as the point of convergence for two or more transmission lines.
ELECTRIC VEHICLE (EV): A vehicle that is either powered fully or partially by electric power.
ELECTRIC VEHICLE (EV) CAPABLE: The installation of electrical and wiring infrastructure to support electric vehicle charging infrastructure to include electrical panel capacity with a dedicated branch circuit(s) and continuous raceway to parking spaces where future electric vehicle charging will be located.
ELECTRIC VEHICLE CHARGING FACILITY: A facility or area at which electric vehicles can obtain electrical current to recharge batteries.
ELECTRIC VEHICLE CHARGING FACILITY, LEVEL 2: Electric vehicle charging equipment that supplies electrical power for charging an electric vehicle using a 240 volt power source.
ELECTRIC VEHICLE CHARGING FACILITY, DC FAST CHARGER: Electric vehicle charging equipment, also referred to as a Level 3 charging facility, supplies electrical power for charging an electrical vehicle using a 480 volt power source.
ELECTRIC VEHICLE (EV) INSTALLED: A parking space that includes the requirements of Electric Vehicle Capable and Electric Vehicle Ready with the addition of an operable electric vehicle charger.
ELECTRIC VEHICLE (EV) READY: A parking space that includes the requirements of Electric Vehicle Capable with the addition of conduit with wiring terminating in a junction box or 240 volt charging outlet at parking spaces where future electric vehicle charging will be located.
EROSION: The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water.
FAÇADE: The outer wall of a building, regardless of whether it faces a street, alley, public area, natural feature, or other developed or undeveloped property.
FAÇADE MODULATION: Stepping back or extending forward a portion of a building façade.
FAMILY: A group of individuals functioning as a single and independent housekeeping unit or persons occupying a home as defined in this Code, including but not limited to any group of persons whose right to live together or without undue restrictions are protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Idaho. Also referred to as Household.
FILL: A deposit of earth material placed by mechanical means.
FINANCIAL INSTITUTION: An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities but shall not include bail bond brokers.
FIRE, POLICE, OR PUBLIC SAFETY FACILITY: A center operated by a government agency, for the protection of citizens and property from, and for providing public responses to, crime, fire, injury, or other emergencies. This use may include administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of patrol vehicles.
FIRING RANGE, INDOOR: A controlled area of activity inside an enclosed building specifically designed for the discharging of firearms at targets.
FLOOD PROTECTION-RELATED DEFINITIONS:
ACCESSORY OR APPURTENANT USE OR STRUCTURE: A use or structure that is subordinate to the principal use structure on the same parcel and that serves a purpose customarily incidental to the principal use or structure. The accessory use or structure shall not include a dwelling unit or be used for human habitation.
AREA OF SHALLOW FLOODING (ASF): An area shown on the flood insurance rate map as an AO zone with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. These areas are also referred to as the alluvial fans if velocity data is provided on the FIRM and are characterized as sheet flow.
AREA OF SPECIAL FLOOD HAZARD (ASFH): The land in a floodplain within Boise City that is subject to flooding from the base flood (or 100 year flood). These areas are also referred to as the Special Flood Hazard Area (SFHA). Designation on maps always includes the letters A or V.
BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year and is synonymous with "one-percent flood" and "100 year flood."
BASE FLOOD ELEVATION (BFE): A determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a federal, state, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Flood Protection Elevation.
BASE FLOOD HEIGHT IN AREAS OF SHALLOW FLOODING: The height expressed in feet above adjacent grade to which flood waters can be expected to rise during a base flood. This height is determined by the Federal Insurance Administrator and is shown on the Flood Insurance Rate Map (FIRM). Adjacent grade is the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
BASEMENT: Any area of the building with its floor sub-grade (below ground level) on all sides.
CHECK DAM: A structure erected in a floodway that does not exceed 10 feet in height or impound more than fifty acre feet of water. For the purposes of Section 11-02-07.3.F, energy dissipating devices shall be considered check dams.
CRAWL SPACE: The area of a house or structure between the lowest finish floor and the bottom of the foundation excavation enclosed by continuous foundation walls.
CRITICAL FACILITY: A facility for which even a slight chance of flooding might be too great. Critical faculties include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations that produce, use, or store hazardous materials or hazardous waste.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or material.
ELEVATED BUILDING: For insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, slabs, shear walls, post, piers, pilings, or columns.
ELEVATED BUILDING: For insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, slabs, shear walls, post, piers, pilings, or columns.
ELEVATION CERTIFICATE: The Elevation Certificate is an administrative tool of the National Flood Insurance Program (NFIP). It is used to determine the proper flood insurance premium rate; it is used to document elevation information; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
EXISTING MANUFACTURED HOME COMMUNITY OR SUBDIVISION: A Manufactured Home community or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the Effective Date of the adopted floodplain management regulations.
EXPANSIONS TO AN EXISTING MANUFACTURED HOME COMMUNITY OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility of administering the national flood insurance program (NFIP).
FLOOD OR FLOODING:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) that are proximately caused by flooding as defined in paragraph 2.a. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as defined in paragraph 1.a. of this definition.
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has shown both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS): An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Elevation Study.
FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD-PROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOOD PROTECTION ELEVATION (FPE): The Base Flood Elevation plus the Freeboard.
A. In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard; and
B. In "Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.
FLOODWAY (FW): The channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOODWAY FRINGE (FF): The area between the floodway boundary and the outer limits of the 100 Year Flood. These lands within Boise City are subject to flooding from the Base Flood (a.k.a. the 100 year Flood) and are also referred to as part of the floodplain or the Area of Special Flood Hazard located outside of the floodway.
FREEBOARD: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the Flood Protection Elevation (FPE). Freeboard shall be a minimum of two feet.
GULCHES, FOOTHILLS: Regulated gulches located in the foothills surrounding the city that are subject to flash flooding, where the Federal Emergency Management Agency or the Public Works Department have determined Floodway and Floodway Fringe zones. Foothill gulches include, but are not limited to:
A. Seaman's Gulch;
B. Stuart Gulch;
C. Pierce Park Gulch;
D. Polecat Gulch;
E. Crane Creek;
F. Hulls Gulch;
G. Cottonwood Gulch; and
H. Warms Springs Gulch.
Gulch floodplains and associated alluvial fans (AO zones) are regulated under the floodplain regulations of this Code when specific flood studies or determinations have been approved by the City.
LETTER OF MAP AMENDMENT (LOMA): An official amendment by letter, to an effective National Flood Insurance (NFIP) map. A LOMA establishes a property's or structure's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.
LETTER OF MAP REVISION (LOMR): FEMA's modification to an effective Flood Insurance Rate Map (FIRM) or a Flood Boundary and Floodway Map (FBFM) or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM), and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM, FBFM, or FIS report.
LETTER OF MAP REVISION CONDITIONAL (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Upon submission and approval of certified as-built documentation, a Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building Permits and/or Flood Development Permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
LEVEE: A levee is a continuous dike or ridge, constructed of earth or other materials that confines flood waters (excluding landfill).
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 11-02-07.3.F.
MANUFACTURED HOME COMMUNITY OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more Manufactured Home lots for rent or sale.
MOBILE HOME: A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective July 15, 1976. Mobile Homes are not permitted within the City.
MOBILE HOME COMMUNITY OR SUBDIVISION: Any area, tract, plot, or parcel of land, developed and designed primarily for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis.
NEW CONSTRUCTION: For floodplain management purposes, a structure for which the start of construction commenced on or after the Effective Date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Any construction started after April 17, 1984, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW DEVELOPMENT: Any development for which final approval entitling the applicant to proceed with the development was issued on or after the Effective Date of Section 11-02-07.3.F.
NEW MANUFACTURED HOME COMMUNITY OR SUBDIVISION: A Manufactured Home Community or Subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the Effective Date of adopted floodplain management regulations.
NONRESIDENTIAL STRUCTURE: A building other than a residential structure. The term includes but is not limited to: buildings used for places of assembly, education, child care, business, maintenance, storage, manufacturing, government, hospitals, sanitariums, and nursing homess.
ONE HUNDRED YEAR FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year and is synonymous with "Base Flood."
ORDINARY HIGH WATER MARK (OHWM): The line that the water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes.
RECREATIONAL VEHICLE: For floodplain management purposes, a recreational vehicle is a vehicle that is: (a) built on a single chassis, and (b) 400 square feet or less when measured at the largest horizontal projections, and (c) designed to be self-propelled or permanently towable by a light duty truck, and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY (SEE FLOODWAY): The channel of a river or other watercourse and adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
RESIDENTIAL STRUCTURE: A building used as a dwelling for one or more persons. The term includes, but is not limited to houses, mobile homes, apartment buildings, lodging homes, dormitories, (and the guest or patient rooms of), hotels, and motels. The term also includes accessory use areas used in conjunction with and forming an integral part of a residential structure.
SPECIAL FLOOD HAZARD AREA (SFHA): Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "Area of Special Flood Hazard".
START OF CONSTRUCTION:
A. Includes substantial improvement, and means the date the Building Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation.
B. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structure part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: For the purpose of floodplain regulations, a structure is a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a Manufactured Home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its assessed value before the damage occurred. See definition of "substantial improvement". Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this ordinance.
UNNUMBERED "A ZONE": An area shown on the Flood Insurance Rate Map as an "A Zone" in which base flood depths and a clearly defined channel are not shown.
VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required in 44 CFR Parts 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
FOOD KITCHEN: A facility providing food at mealtimes to people with limited financial resources, including people who are homeless.
FOOD TRUCK, MOBILE: A motor vehicle or trailer with a current vehicle registration designed and equipped for the preparation and sale of food and/or beverages.
FOOD TRUCK COURT: An area of land on which one or more Food Trucks sell food and/or beverages to the public, and on which the public may consume food and/or beverages.
FOOTHILLS PLANNING AREA: The planning area within Boise City's Area of City Impact characterized by critical wildlife and plant habitat, watershed and riparian environments, agricultural uses, and abundant recreational opportunities.
FOREST RESERVE OR RECREATION AREA: An area that preserves or protects forests, associated endangered species, critical environmental features, view sheds, or other natural elements and may include associated recreational uses such as hiking and nature observation.
FRATERNITY OR SORORITY HOUSE: A building or portion of a building used for sleeping accommodations, with or without accessory common rooms and cooking and eating facilities, for groups of students where the students living in the building are enrolled at the same college or university, are active members of the same fraternity or sorority, and the fraternity or sorority has been officially recognized by and maintains active affiliation with the college or university. This use shall also include a building or portion of a building in which individual rooms or apartments are leased to individuals, regardless of the ownership of the building, provided that the students living in the building are enrolled at the same college or university, are active members of the same fraternity or sorority, and the fraternity or sorority has been officially recognized by and maintains active affiliation with the college or university.
FULFILMENT CENTER: A facility that is used for the receipt of bulk products and the storage, separation, and distribution of those products on an individual basis to individual end-user consumers. A fulfilment center's primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users. This includes e-commerce activities.
GOLF COURSE: A tract of land typically laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
GROUP HOME, FHAA LARGE: A residential dwelling or facility where nine or more persons are living together with staff providing care, supervision, and treatment for the exclusive use of citizens whose rights to live together or without undue restrictions are protected by the provisions of the federal Fair Housing Amendments Act of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Idaho, including but not limited to facilities providing housing for people with disabilities or with mental illnesses.
GROUP HOME, FHAA SMALL: A residential dwelling or facility where eight or fewer persons are living together with staff, as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens whose rights to live together or without undue restrictions are protected by the provisions of the federal Fair Housing Amendments Act of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Idaho, including but not limited to facilities providing housing for people with disabilities or with mental illnesses.
HAZARDOUS MATERIALS: Hazardous or toxic material or substance, as set forth in Title 40, Code of Federal Regulations, Parts 116.4, 261.30 et seq., 302.4 and/or 355.
HEARING EXAMINER: A City employee, or a person or firm on contract with the City, who reviews specific types of applications under authority delegated by a City decision-making body and/or makes decisions on some or all of those types of decisions pursuant to criteria established by City Council.
HILLSIDE AND FOOTHILL AREAS: Areas with topographical slopes of 15 percent or greater, or where adverse slope stability, erosion, or sedimentation are likely to cause damage.
HISTORIC DESIGN OVERLAY DEFINITIONS: For the purposes of this Code, the following terms, phrases, and words shall have the meanings shown below. Additional definitions may be found in the Design Guidelines for Residential Historic Districts available in the Boise City Planning and Development Services Department. In the event of a conflict, the definitions in this Section shall apply.
ACQUISITION: The act or process of acquiring fee title or interest other than fee title of real property (including acquisition of development rights or remainder interest).
ADDITION: Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
ALTERATIONS: Any act or process that changes one or more exterior features of a building or site. Construction, replacement, or erection of new buildings, structures, objects, or improvements.
CHANGE IN ZONING CLASSIFICATION: A change of zoning classification refers to any application for property located within a designated Historic District for a rezoning.
CONTRIBUTING: A contributing building, site, structure, or object adds to the historic architectural qualities, historic associations, or archeological values for which a property is significant because (a) it was present during the period of significance and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period, or (b) it individually meets the National Register eligibility criteria.
DEMOLITION: Any act or process that permanently, substantially destroys or razes any building, site, structure, or object in whole or in part.
DEMOLITION BY NEGLECT: Any act or omission that destroys or contributes to the destruction of a building.
EXTERIOR FEATURES: The architecture, color, size, location, type, style, kind, texture, design, general arrangement, and material of a building, site, structure, or object, including but not limited to, windows, doors, light fixtures, signs, appurtenant fixtures, streets, streetscapes, sidewalks, and landscaping.
HISTORIC DESIGN DISTRICT (REFERRED TO AS "HD-O" OVERLAY): Any area designated as such by ordinance that includes or encompasses such historic buildings, sites, structures, or objects as the Commission may determine to be appropriate for historic preservation. Such designated district or districts need not be a single enclosed area nor do the areas or sites have to be contiguous to constitute a district. A district may include contributing, non-contributing, or undeveloped properties. Historic Districts may be residential, non-residential (commercial), or a combination of the two. The type of building within a combined district will determine if the commercial or residential guidelines apply.
HISTORIC EASEMENT: Any easement, restriction, covenant, or condition running with the land designed and designated to preserve, maintain, and enhance all or part of the existing state of places of historical, architectural, archeological, educational, or cultural significance.
HISTORIC INSTITUTIONAL USE: Any school (public or private), church, or other place of religious worship, commercial service use, or office use within a Character Overlay District that is significant to the history, architecture, or culture of the district.
HISTORIC LANDMARK: A district, site, building, structure, or object that possesses exceptional significance in history, architecture, engineering, archeology, or culture at the national, state, or local level and has been designated as an Historic Landmark through the public hearing process.
HISTORIC PRESERVATION: The research, protection, restoration, and rehabilitation of buildings, sites, structures, objects, or districts significant in the history, architecture, archeology, or culture of the state, its communities, or the nation.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Historic District or a district preliminarily determined by the Secretary to qualify as a registered Historic District.
C. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior or
2. Directly by the Secretary of the Interior in states without approved programs.
IMPROVEMENT: A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement, costing labor or capital, and intended to enhance its value, beauty, or utility or to adapt it for new or further purposes. Generally, buildings, but may also include any permanent structure or other development, such as a street, sidewalks, sewers, or utilities.
INTEGRITY: The ability of a property to convey its significance; includes the concepts of location, design, setting, materials, workmanship, feeling, and association.
INVENTORY: A list of historic properties determined to meet specified criteria of significance.
NATIONAL REGISTER: The National Register of Historic Places. A list established by the National Historic Preservation Act of 1966 (as amended) and codified in 36CFR60 (as amended) of buildings, sites, structures, objects, and districts having local, state, or national historical, architectural, or cultural significance and considered worthy of preservation.
NATIONAL REGISTER CRITERIA: The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. For further information on the criteria refer to the National Park Service website, National Register of Historic Places.
NEW CONSTRUCTION: Construction of an entire structure.
NON-CONTRIBUTING: A noncontributing building, site, structure, or object may possess characteristics that make it important to the overall historic character of the district such as, but not limited to, mass, scale, streetscape features, setbacks, or proximity to contributing structures. A building, site, structure, or object within a district may be noncontributing because (a) it was not present during the period of significance, (b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or (c) it does not individually meet the National Register eligibility criteria. A noncontributing building, site, structure, or object that is within an Historic District remains subject to the Historic Preservation Ordinance. This classification has been designated through a survey and a formal hearing process.
OBJECT (FOR PURPOSES OF HISTORIC DESIGNATION): A construction primarily artistic in nature or relatively small in scale and simply constructed, such as a statue or milepost.
PERIOD OF SIGNIFICANCE: The length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. The period of significance for each Historic District is described in each district's Statement of Significance, which is available for review at the Boise City Planning and Development Services Department.
PERSON IN CHARGE: The person or persons possessed of the freehold, or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any person directly or indirectly in control of an historic property.
PRESERVATION: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional is appropriate within a preservation project.
PRIMARY FAÇADE: The elevation that most characterizes a structure's significance; usually the front elevation.
PROPERTY: Land and that which is erected or affixed to the land. Real property extends to rights issuing out of, annexed to, and exercisable within or about land.
RE-CONSTRUCTION: The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving building, site, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction shall be based only on documentation that clearly conveys the appearance.
REHABILITATION: The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which that convey its historical, cultural, or architectural values.
RESTORATION: The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional is appropriate within a restoration project.
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: Standards that were written pursuant to federal law to ensure that work on historic buildings is done in such a manner that preserves the historical integrity of the building. For further information, refer to the Secretary of the Interior's standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the Boise Residential and Commercial Design Guidelines.
SITE (FOR PURPOSES OF HISTORIC DESIGNATION): Location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structures.
SITE IMPROVEMENTS: A modification to the grounds of a property not including the buildings or other significant structures, such as garages. Such improvements may include, but are not limited to fences, walls, greenhouses, storage sheds, light fixtures, hot tubs, swimming pools, fountains, barbeques, outdoor fireplaces, playground equipment, steps, or pavement.
STRUCTURE (FOR PURPOSES OF DESIGNATION): A functional construction made for purposes other than creating shelter, such as, but not limited to, a bridge, canal, or dam.
STRUCTURE (FOR ALL OTHER HISTORIC PRESERVATION PURPOSES): Anything constructed or erected that requires permanent location on the ground or is attached to something having location on the ground. Structures may include, but are not limited to, buildings, platforms, framework, antennas, and prefabricated metal sheds.
SURVEY FORM: A form that catalogues the age, style, contributing or noncontributing classification, address, location, photograph, date of inventory, name of surveyor, building permit history, and other relevant information as may be required by the Planning Director or Historic Preservation Commission for a building, site, structure, or object.
TEMPORARY FEATURES: Items that are erected or displayed for a limited amount of time, not to exceed 180 days at any one time unless otherwise approved by the Planning Director, which may include, but are not limited to: sidewalk cafe tables, chairs, fences, planters, umbrellas, and bicycle racks.
TEMPORARY STRUCTURES: A structure with or without a foundation that is erected for a limited amount of time, not to exceed 180 days at any one time unless otherwise approved by the Planning Director, which may include, but is not limited to, playhouses and play equipment.
HIVE: A structure intended for the housing of a bee colony.
HOME OCCUPATION, ADULT OR CHILD DAYCARE: A residential dwelling unit used as the primary residence of the day care provider where one to 12 adults or children receive care from the provider while unattended by a parent, legal guardian, or custodian for a period of less than 24 hours per day.
HOME OCCUPATION, GROUP DAYCARE FACILITY: A residential dwelling unit used as the primary residence of the day care provider where seven to 12 adults or children receive care from the provider while unattended by a parent, legal guardian, or custodian for a period of less than 24 hours per day.
HOME OCCUPATION, OTHER: An activity or occupation carried on within a dwelling by members of the household occupying the dwelling and where the use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling, that is not listed as a separate use in this Code.
HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients 24 hours a day, including specialized and surgical hospitals. The term does not include Medical Clinics, Convalescent or Nursing Homes, Boarding Homes, or any institution operating solely for the treatment of people with mental illnesses, people with substance abuse disorders, or other types of cases necessitating forcible confinement of patients.
HOTEL OR MOTEL: An establishment in which lodging is provided and offered to the public for compensation for periods of time not exceeding thirty days and that is commonly known as a hotel or motel in the community in which it is located. This use customarily provides services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. This use may provide ancillary uses such as conference and meeting rooms, restaurants, bars, gift shops, and recreational facilities. The term "Hotel or Motel" does not include " Boarding House," "Bed and Breakfast," "Shelter Home," except where separately permitted.
HOUSEHOLD: A group of individuals functioning as a single and independent housekeeping unit or persons occupying a home as defined in this Code, including but not limited to any group of persons whose right to live together or without undue restrictions are protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Idaho, Also referred to as Family.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. Surfaces may include, but are not limited to, compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks, and parking lots.
INDUSTRY, ARTISAN: An establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This definition includes uses such as small-scale fabrication but is not limited to manufacturing and other industrial uses and processes such as welding and sculpting.
INDUSTRY, HEAVY: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of truck traffic, railroad activities, noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not meet the definition of "Light Industry." This use may include outdoor activities, outdoor storage, and indoor storage of flammable liquids or gases necessary to the processes on the premises. Heavy manufacturing also generally includes processing and fabrication of products made from extracted or raw materials or products involving flammable, hazardous, or explosive materials and processes, uses involving the fabrication, use, or repair of heavy special purpose equipment. Examples of this use include atmospheric gas production plant, lumbermill or sawmill, tannery, asphalt, and concrete batch plant, bottling and distribution plants, and construction materials manufacturing unless performed on a scale that meets the definition of "Artisan Industry."
INDUSTRY, LIGHT: The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not involve significant truck traffic or railroad operations and do not create material amounts of noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, and where such processes are housed entirely within an enclosed building, except as may be authorized in this Code. Light manufacturing also generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes not involving flammable or explosive materials. Examples of activities include, but are not limited to, brewing and distillation of liquor and spirits, commercial laundries, food products and wholesale bakeries, newspaper and printing establishments, hair products and barbering supplies, signs and other metal workings, architectural and artist supplies, ceramics and miscellaneous clothing or accessories, small medical or specialty equipment, or musical instruments, and assembly of small appliances or equipment.
INTERSTATE: One of a system of highways connecting the major cities of the 48 contiguous United States. No direct access to a property is provided.
JAIL OR DETENTION FACILITY: A facility established by a law enforcement agency for the long-term detention of adult or juvenile persons while being processed for arrest or detention, awaiting trial, or for punishment and/or counseling as a result of sentencing by a court of jurisdiction for criminal or antisocial behavior.
JUNKYARD, VEHICLE SALVAGE: An outdoor space where junk, waste, or discarded or salvaged materials are stored or handled, including automobile wrecking yards, and yards for used or salvaged building and structural steel materials and equipment. Does not include yards or establishments for the sale, purchase, or storage of used cars or machinery in operable conditions, and the processing of used, discarded, or salvaged materials as a part of a permitted manufacturing operation on the same premises.
KENNEL: Any lot or premises, or portion of a lot or premises, on which five or more dogs, cats, and other household domestic animals are maintained, harbored, possessed, boarded, bred, or cared for in return for compensation or are offered for sale.
KITCHEN: That portion of a dwelling unit devoted to the preparation or cooking of food for the purpose of consumption by residents of the dwelling unit. Any food preparation area with cooking facilities (i.e., stove, oven, hot plate, and/or microwave oven, refrigerator, or sink) or with a natural gas stub or supply or a 220 volt electrical outlet/wiring is a kitchen for purposes of this Code.
LANDSCAPING: Any combination of living plants such as trees, shrubs, plants, vegetative ground cover, or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains, or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation, or the preservation, protection, and replacement of existing trees.
LEGAL NONCONFORMING PARCEL, STRUCTURE, USE, SIGN, OR SITE FEATURE: A nonconforming parcel, structure, use, sign, or site feature is one that was legally established but that is not in compliance with this Code due to a subsequent ordinance amendment, annexation, change of zoning, eminent domain, or similar action, and not due to the actions of the property owner.
LIGHTING-RELATED DEFINITIONS: When used in the context of lighting regulations, the following terms shall have the following definitions.
FIXTURE: The assembly that houses the lamp(s) and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a ballast, a lamp, a reflector, or mirror and/or a refractor lens.
FLOODLIGHT OR SPOTLIGHT: A light fixture or lamp that incorporates a reflector to concentrate the light output into a directed beam in a particular direction.
FOOTCANDLE: A unit of light or density when the foot is the unit of measure. One footcandle (fc) equals one lumen per square foot of area. When metric units are used, lux is the unit of light quantity. One lux equals one lumen per square meter of area. One footcandle equals 10 and seventy-six hundredths (10.76) lux. For the purpose of establishing consistent measurements, both footcandles and lux are measured at finished grade and at property lines when applicable.
FULL-CUTOFF OR FULLY-SHIELDED: A luminaire that allows no light emission above a horizontal plane through its lower light-emitting part.
GLARE: Light emitted without a lens or through a clear lens from a luminaire with an intensity great enough to reduce a person's ability to see, and in extreme cases, to cause momentary blindness.
KELVIN: Designating or of a scale of thermodynamic temperature measured from absolute zero.
LAMP: A generic term for a source of optical radiation (i.e., "light"), often called a "bulb" or "tube". Examples include incandescent, fluorescent, high intensity discharge (HID) lamps, halide, and halogen, as well as light-emitting diode (LED) modules and arrays.
LIGHT TRESPASS: The shining of more than one footcandle of light produced by a luminaire that shines beyond the boundaries of the property on which the fixture is located.
LUMEN: A unit of luminous flux. One footcandle is one lumen per square foot.
LUMINAIRE: The complete lighting system, that includes the lamp(s) and fixtures.
NIT: The amount of light output equal to one candela per square meter.
LIVABLE SPACE: The area of any building used for living including but not limited to bedrooms, bathrooms, kitchens, living rooms, dining rooms, stairs, porches, breezeways, and recreation rooms. Enclosed storage, utility, and parking areas are not considered livable space.
LIVESTOCK: Livestock are animals kept outside the home in enclosures such as pens, barns, or corrals. The term includes cattle, llamas, mules, swine, sheep, goats, rabbits, poultry, domestic birds, and any other grazing or foraging animal except those defined as pets.
LIVESTOCK AND ANIMALS, ACCESSORY: Uses related to the keeping and care of livestock and pets.
LOT: A tract or land that has been platted as a portion of a recorded subdivision and is intended as a unit for transfer of ownership or for development.
LOT BUFFER: The portion of a given lot, not covered by buildings, pavement, parking, access and service areas, or established as landscaped space for the purposes of screening and separating properties.
LOT, CORNER: A lot that is bounded on two or more sides by streets; where the angle of intersection of the streets does not exceed 135 degrees.
LOT, DOUBLE FRONTED: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, FLAG: A lot that has access to a public right-of-way by means of a narrow strip of land.
LOT, FRONTAGE: That portion of a lot that abuts a public right-of-way or other access.
LOT, INTERIOR: A lot other than a corner lot or reversed corner lot.
LOT LINE/PROPERTY LINE: The boundary property line encompassing a lot.
LOT, NONCONFORMING: A lot of record that does not meet the dimensional requirements of this Code.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT LINE/PROPERTY LINE, FRONT: The front lot line/property line for a regular-shaped interior lot is the property boundary that abuts a public or private street; the front lot line/property line for an undeveloped corner lot is either one of the property boundaries that abuts a public or private street, as selected by the property owner; the front lot line/property line for a flag lot may be either:
A. The closest line, parallel or most nearly parallel to the public or private street at the end of the flagpole, or
B. A line perpendicular or nearly perpendicular to the public or private street at the end of the flagpole, depending upon which orientation provides for the closest matching of like yards of abutting properties.
LOT LINE/PROPERTY LINE, REAR: The boundary line of a lot that is opposite and most distant from the front lot line/property line. For the purpose of establishing the rear lot line/property line, the following shall apply:
A. In the case of a lot with a rear boundary formed by a single line that is parallel or nearly parallel to the front lot line/property line, such rear boundary is the rear lot line/property line.
B. In the case of a lot with a rear boundary formed by two or more lines, the rear lot line/property line shall be a line at least 10 feet in length within the lot that is furthest removed from and most parallel to the front lot line/property line.
LOT LINE/PROPERTY LINE, SIDE: Any property line that is not a front or rear lot line/property line.
MANUFACTURED HOME COMMUNITY: Any site, lot, tract, plot, or parcel of land, designed for the placement of two or more Manufactured Homes or Tiny Houses, located and maintained for dwelling purposes on a permanent or semi-permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased, or rented.
MAPS, ZONING: The map or maps designating zoning districts.
MAXIMUM EXTENT PRACTICABLE: The applicant has taken all possible steps to comply with the standards or regulations and to minimize potential harmful or adverse impacts, and no other feasible or prudent alternative exists, given the conditions of the site and pre-existing constraints. The economic costs of further efforts to comply may be taken into account in determining whether additional efforts to comply are feasible or prudent but shall not be the overriding factor. Constraints to full compliance that are self-created by the owner or previous owner of the land, such as those created by prior platting, development, or design decisions, shall not be considered sufficient justification for a determination that no feasible or prudent alternative exists. The applicant's failure to request or receive comments from other governmental agencies or from other owners of interests in or under the property, or an applicant's unwillingness to address or resolve issues raised in comments from such parties, or the applicant's desire to obtain approvals more than would be required to address or resolve comments received from such parties, shall not be considered sufficient justification for a determination that no feasible or prudent alternative exists.
MEDICAL OR DENTAL CLINIC: A facility for a group of one or more physicians for the examination and treatment of human patients, primarily engaged in providing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals. Patients are not kept overnight except under emergency conditions. Ancillary laboratory facilities may be included.
MINING AND EXTRACTION: Mining and extractive uses include the extraction of minerals, sand, gravel, and ores, and distribution of extracted materials, including but not limited to the excavation, processing, and distribution of clay, gravel, stone, and soils.
MOBILE HOME, REHABILITATED:Any mobile home constructed prior to July 15, 1976 (the Effective Date of the National Manufactured Housing and Safety Standards Act of 1974), that is currently sited within Idaho or that may be brought into the state after July 1, 1998, that have been upgraded to comply with Chapter 25, Title 44, Idaho Code and received a "Certificate of Compliance" from the Division of Building Safety of the State of Idaho.
MORTUARY OR MAUSOLEUM: A facility in which deceased bodies are kept and prepared for burial or cremation or containing niches or other designated places intended to be a final resting place for human or pet animal remains as an alternative to land burial.
MOTOR VEHICLE, JUNKED/ABANDONED: Any automobile, truck, or other vehicle that is inoperable or in some obvious state of disrepair or abandonment. The following factors, among others, shall be considered individually in determining whether or not a vehicle is inoperable, junked, or abandoned:
A. The vehicle is currently inoperable. This shall include, but is not limited to, the vehicle not having body parts to be in working condition; such as missing engine, transmission, tires, windshield, mirror, taillight, head light, or battery;
B. The vehicle has been parked for at least 30 days on property not owned or rented by the vehicle owner;
C. The vehicle has not been licensed or registered for at least 30 days; and
D. The vehicle has been parked for 30 days on property where the premises have been vacated.
MULTIPLE-FAMILY: Any household living use that contains more than four dwelling units.
NATIONAL ASSOCIATION OF CITY TRANSPORTATION OFFICIALS (NACTO): An association formed to exchange transportation ideas, insights, and practices and cooperatively approach national transportation issues.
NEIGHBORHOOD CAFE: An establishment that serves a limited menu of food items and does not contain more than 2,000 square feet of gross floor area. Accessory uses to the service of food may include retail sales and the sale of non-alcoholic or alcoholic beverages.
NEIGHBORHOOD ASSOCIATIONS, REGISTERED: Groups formed by residents and property owners within a specific geographic location who meet regularly. Registration is achieved by providing the City with organizational and contact information and complying with the policy standards specified in the Boise City Policy Statement on Registered Neighborhood Associations.
NONRESIDENTIAL STRUCTURE: A building other than a residential structure. The term includes, but is not limited to, buildings used for places of assembly, education, child care, commercial, industry, maintenance, storage, manufacturing, government, hospitals, sanitariums, nursing homes, hotels, and motels.
NUCLEUS COLONY: A smaller colony of bees used for educational purposes, queen maintenance and rearing, or for use in the capture and future integration of a swarm into a viable colony. A nucleus colony is comprised of significantly fewer bees than a conventional colony and is contained in a structure that is approximately one-half the size of a normal hive.
NUISANCE, PUBLIC: The following shall be defined as a public nuisance.
A. Abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment, or appliances such as, but not limited to, vehicles, boats, water heaters, refrigerators, furniture not designed for outdoor use, household fixtures, machinery, equipment, cans, or containers standing or stored on property, sidewalks, alleys, and streets that can be viewed from a public street, walkway, alley, or other public property and are readily accessible from such places, or are stored on private property in violation of any other law or Code;
B. Discarded putrescibles, garbage, rubbish, refuse, or recyclable items that have not been recycled within 15 days of being deposited on the property;
C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) that could constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety;
D. Lumber (excluding lumber for the construction project on the property with any required Building Permits), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 30 days and visible from a public street, walkway, alley, or other public property;
E. Receptacles for trash, discarded materials, and recyclables that are left in the front yard or on public rights-of-way on any day except the day of the regularly scheduled refuse pick-up for the property;
F. Swimming pool, pond, spa, other body of water, or excavation that is abandoned, unattended, unsanitary, empty, that is not securely fenced, or that poses a threat to be detrimental to human life, health, or safety;
G. Weeds, grasses, or other vegetation that (1) cover 50 percent or more of any lot or yard; (2) average 12 inches or more in height; and (3) could become a fire hazard; and
H. Trees, shrubs, or other vegetation blocking public rights-of-way or clear vision triangles lower than a height of 8 feet above the rights-of-way or clear vision triangle.
OFFICE: An establishment primarily used for conducting the affairs of a business, profession, service, or industry, or like activity, that may include ancillary uses such as restaurants, coffee shop, and limited retail sales. This use includes radio or television stations and may include trade and vocational schools that re incorporated within an office development.
OCCUPANCY PERMIT: The approval to occupy a building that is granted after zoning and building requirements and conditions of approval, if any, have been met or bonded for.
OPEN SPACE: Natural areas, including, but not limited to, large areas consisting mostly of vegetative landscaping, or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. Specific use types include, but are not limited to forest reserves, recreation areas, golf courses, parks, playgrounds, and public plazas.
OPEN SPACE, PRIVATE OR COMMON: An Open Space development amenity designed for passive or active recreation developed, designated, and protected for the benefit and private use of the employees or residents within a development.
OPEN SPACE, PUBLIC: An Open Space development amenity designed for passive or active recreation dedicated to the City or an entity approved by the City for the benefit and use of the public, which may include but is not limited to parks or trails required to be dedicated by this Code or otherwise offered to and accepted by the City for these purposes.
OTHER COMMUNICATIONS TOWERS: Any tower used for electronic communications or transmission of energy that does not meet the definition of a Wireless Communication Facility or that is not subject to the Federal Communications, including without limitation:
A. A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.
B. A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.
OUTDOOR STORAGE: Storage of materials, merchandise, stock, supplies, machines, equipment, vehicles (but not wrecked or inoperable vehicles), manufacturing materials, or personal property of any nature that are not kept in an enclosed structure regardless of how long such materials are kept on the premises.
OWNER: The fee owner of the real property subject to this regulation. The owner may assign, in writing, application submittal authority to an applicant who is not the owner. To the extent an owner is applying for subdivision of property in its own name, such owner shall be the "applicant" for purposes of this Code.
PARCEL: A lot or tract of land. Parcels are generally described by a metes and bounds legal description or references to quadrangular survey measurements using Sections, Townships and Ranges, or government lots.
PARK OR PLAYGROUND: A parcel of land available to the public for passive and/or active recreation. Accessory uses can include community centers, museums, meeting rooms, classrooms, gift shops or cafes.
PARK AND RIDE FACILITY: A parking lot or structure designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
PARKING GARAGE: A building or portion of a building consisting of one or more levels at, below, or above grade, designed to be used for the parking of automobiles and commercial vehicles that is available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING LOT: An open, graded, and surfaced area, other than a street or public right-of-way, to be used for the storage, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers. Also referred to as surface parking.
PARKING LOT, TEMPORARY: A temporary parking lot for non-required parking such as where new building construction is planned.
PARKING, COVERED: A carport that provides full overhead protection from the elements with ordinary roof coverings.
PARKING, OFF-SITE: Any required parking space that is located on a different parcel as the principal use that the parking is intended to serve.
PARKING, ON-SITE: Any required parking space that is located on the same parcel as the principal use that the parking is intended to serve. Also referred to as parking off-street.
PARKING SPACE: A usable space for the storage of one passenger automobile or commercial vehicle, exclusive of access drives, aisles, or ramps, within a public or private parking area or a building.
PARKING SPACE, TANDEM: A parking space designed to accommodate two vehicles parked in tandem (one behind the other).
PARTIAL TWO-STORY STRUCTURE: A structure that limits the second story floor plate to reduce the height, bulk, and massing of the structure. This can be achieved by increasing the second story setbacks by a minimum of three feet beyond the minimum front, side, and rear setbacks required by the zoning district. It may also contain the second story within a pitched roofline located within a front gable and a maximum building height of 18 feet to the midline of the roof that has an exterior second floor wall height no greater than two feet, six inches in height and up to two dormers with a maximum width of eight feet located on each side of the structure. It may also contain the second story within a pitched roofline within a side gable and a maximum building height of 25 feet to the peak of the roof and 18 feet to the midline of the roof with any dormers on the front or rear of the structure no greater than 10 feet in width.
PARTY OF RECORD: The applicant for a permit, approval, or decision under this Code, or an individual appearing on their own behalf, or an individual with written authority to speak on behalf of an organization, whose name appears in the list of persons attending a public hearing or who filed written comments or testimony that was entered into the record of a public hearing.
PATHWAY: Any sidewalk, multiuse path, route, lane, path, corridor, open space, or trail designated to move people by non-vehicular means for transportation or recreation, including micro-pathways.
PERSON:
A. For purposes of historic preservation regulations, an individual, firm, corporation, association, municipal corporation, or any other governmental or quasi-governmental agency, or group or combination thereof acting as a unit, except that nothing in Section 11-02-07.2.E shall be construed to allow the designation, regulation, conditioning, restriction, or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies, or instrumentalities.
B. For all other purposes, a natural person, heirs, executors, administrators, or assigns, including a firm, partnership, or corporation, and its or their successors or assigns, or the agent of any of those listed.
PERSONAL OR BUSINESS SERVICE: A facility that provides individualized services generally related to personal or business needs. Personal services include but are not limited to laundry, including cleaning and pressing service, beauty shops, barbershops, shoe repair, personal copying/shipping services, health spas, photographic studios, tailor/sewing shop, indoor equipment/party/event rental, tanning salon, bicycle and sports equipment repair, small appliance repair, tattoo parlors and similar uses. Business services include but are not limited to architects, landscape architects and other design services; graphic designers; consultants; lawyers; media advisors; photography studios; and general offices.
PET: Pets generally are animals that may be kept indoors, though pets may also be kept outdoors. Pets are dogs, cats, up to two goats, up to six chickens (excluding roosters), four ducks, six rabbits or other small animals or poultry as determined by the Planning Director.
PLANNED UNIT DEVELOPMENT (PUD): A use or a combination of uses planned for a tract of land to be developed as a unit under single ownership or control.
PLANNING DIRECTOR: The person appointed by the Mayor to be generally responsible for planning and zoning activities in the city and for the administration of this Code.
PLANNING AND ZONING COMMISSION (PZC): The City of Boise Planning and Zoning Commission.
PLAT, CONDOMINIUM: A drawing or set of drawings showing the division of land and/or airspace in a building or that divides land into individual, common, or other forms of ownership and responsibility, as required by applicable Idaho law.
PLAT, SUBDIVISION FINAL: The plat map of a subdivision, cemetery, condominium, or a replatting of such, prepared by a State of Idaho licensed land surveyor for filing and recording by the County Recorder and containing those elements required by this Code and the State of Idaho, including certification, descriptions, and final approvals. A Final Plat, upon its being filed and recorded by the County Recorder, shall be known as an authorized plat.
PLAT, SUBDIVISION PRELIMINARY: A preliminary plan of a proposed subdivision or a proposed condominium project that contains all elements required by this Code and provides sufficient information to allow for public review and evaluation.
PLAT, SUBDIVISION REPLAT: A plat document that serves to modify all or part of an existing Final Plat, including, without limitation, changes to recorded streets, rights-of-way, easements, non-buildable parcels, and/or plat notes.
POWER PLANT: Any plant facilities and equipment for the purposes of producing, generating, transmitting, delivering, or furnishing electricity for the production of power.
PRINCIPAL DWELLING: The primary building designed and used for human habitation on a property.
PRINCIPAL USE: The main use of land or buildings, as distinguished from a subordinate or accessory use.
PROJECT ENGINEER: Professional engineer registered in the State of Idaho.
PROPERTY LINE ADJUSTMENT: A property line adjustment that establishes buildable parcels with boundaries that differ from existing buildable parcel and/or buildable lot boundaries.
PUBLIC RIGHT-OF- WAY: All roads, streets, and alleys and all other dedicated rights-of-way, access, and utility easements of the City, the state, or any district, utility, or roadway.
PUBLIC RIGHT-OF-WAY ACCESSIBILITY GUIDELINES (PROWAG AND ADAGA): Federally approved accessibility guidelines for the design, construction, and alteration of pedestrian facilities in the public right-of-way, including both the Public Right-of-Way Accessibility Guidelines and the Americans with Disabilities Act Accessibility Guidelines.
QUORUM: A majority of the authorized members of a commission.
RECOVERY RESIDENCE: A dwelling where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of persons requiring medical, correctional, or other mandated supervision or a protective environment to avoid past or likely future violence, whose right to live together is not protected by the federal Fair Housing Amendments Act, as amended and as interpreted by the courts, and that does not meet the definition of another use in this Code.
RECREATION, INDOOR: Facilities for entertainment, sports, and recreational activities such as bowling, billiards, arcades, skating, swimming, tennis, teen clubs, escape rooms, archery and axe-throwing, trampolines, and similar indoor activities taking place inside an enclosed building. Indoor recreation includes establishments for weddings, birthdays, dances, celebrations, and other similar special events.
RECREATION, OUTDOOR: Commercial entertainment, recreation, or games of skill where any portion of the activity takes place outside of a building. Such activities include, but are not limited to ball parks (baseball, football, soccer, tennis), water parks, batting cages, miniature golf, go-cart tracks, amusement parks, golf driving ranges, swimming pools, and other similar uses. Outdoor recreation includes establishments for weddings, birthdays, dances, celebrations, and other similar special events.
RECREATIONAL VEHICLE (RV): A portable vehicle or structure used primarily for recreation, hobbies, vacations, extended travel, camping, sports, and aquatic use. An RV may be self-propelled, towed, or transported by trailer. RVs include but are not limited to motor homes, converted buses, campers, travel trailers, light-duty trailers and transporters, horse and cattle trailers, boats, rafts and their trailers, and off-street vehicles such as snowmobiles, dune buggies, all-terrain vehicles, and any type of three or four-wheeled sport racing or drag vehicle. RVs are for the sole purpose of recreational use and shall not be used as a dwelling or temporary or permanent residential use.
RECREATIONAL VEHICLE PARK: Any area, tract, plot, or site of land whereupon two or more recreational vehicles or travel trailers are placed, located, and maintained for recreational stay.
RECYCLING COLLECTION FACILITY: A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production.
REDEVELOPMENT: The replacement, rehabilitation, or repurposing of existing improvements on an already developed site.
RELIGIOUS INSTITUTION: A building or property that is used primarily for religious worship and related social, service, care, or educational activities.
RELIGIOUS INSTITUTION, USES RELATED TO AND OPERATED BY: A use, including but not limited to a thrift store, homeless shelter, rectory, or similar use, that is operated by a religious institution and located on the same parcel or an adjacent parcel to the religious institution.
RENEWABLE ENERGY FACILITY, ACCESSORY: The use of land for:
A. Solar collectors or other devices or structural designs that rely upon sunshine as an energy source and are capable of collecting, distributing, or storing the sun's radiant energy for a beneficial use;
B. Land area and equipment for the conversion of natural geothermal energy into energy for a beneficial use; or
C. Wind energy systems that convert energy into a beneficial use.
REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any other change in a structure such as would be required by additions to or remodeling of such structure.
RESIDENTIAL STRUCTURE: A building used as a dwelling for one or more persons. The term also includes accessory use areas that are used in conjunction with and form an integral part of a residential structure.
RESTAURANT: An establishment primarily engaged in the preparation and retails sale of food. This definition does not include a Neighborhood Café, Tavern or Lounge or a Brewpub, Micro-distillery, or Micro-Winery.
RETAIL SALES: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This use does not include any form of retail sales or other use listed separately in Table 11-03.1: Table of Allowed Uses.
RETAIL SALES,NEIGHBORHOOD: A facility or establishment with up to 2,000 square feet of gross floor area.
RETAIL SALES, SMALL: A facility or establishment with up to 5,000 square feet of gross floor area.
RETAIL SALES, MEDIUM: A facility or establishment with between 5,001 and 10,000 square feet of gross floor area
RETAIL SALES, LARGE: A facility or establishment with between 10,001 and 60,000 square feet of gross floor area.
RETAIL SALES, BIG BOX: A facility or establishment with more than 60,000 square feet of gross floor area.
RIPARIAN AREA: Relating to or living or located on the bank of a natural water course of a stream or river; or the stream corridor consisting of riparian vegetation, stream carved topography, and features that define a continuous corridor on either side of a stream or pond; or all lands within and adjacent to areas of groundwater discharge, or standing and flowing surface waters where the vegetation community is significantly affected by the temporary, seasonal, or permanent presence of water. Examples include springs, seeps, creeks, streams, rivers, ponds, lakes, and their margins.
RIPARIAN COMMUNITY: All plant and animal species within a given riparian area.
RIPARIAN HABITAT: A riparian area where a plant or animal lives; the sum total of environmental conditions in the area. It may also refer to the place occupied by an entire community of plants or animals.
ROOF: The outside top covering of a building or structure.
RUNNEL: A straight and usually grooved guide next to a stairway that allows individuals to use the without having to lift and carry their bicycle.
SAFETY FACILITY, TEMPORARY: A facility that is designed to protect public safety on a temporary basis following the annexation of land, or in times of natural disaster or emergency circumstances, which may include but is not limited to a temporary station for fire protection and police protection, or a temporary facility to provide relief or assistance services to the public or to a facility to provide services related to the administration or management of such relief or assistance services.
SALES AND LEASING OFFICE: A moveable or modular structure or trailer temporarily used for the sale or leasing of real estate.
SANITARY LANDFILL: A planned and approved method or system of waste disposal in which the waste is disposed of or buried in layers, compacted by earth or other approved methods, or a facility where solid waste is burned prior to disposal.
SCHOOL: An institution of learning, whether public or private, that offers instruction to a group of children in those courses of study required by the Idaho Department of Education. This definition includes nursery school, preschool, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the Idaho Department of Education, but it does not include a vocational or professional school or any institution of higher education, including a college or university.
SEASONAL SALES: Any business or use that may include but not be limited to retail sales of garden supplies and equipment; roadside stands for the sale of fruits and vegetables, plants, flowers, Christmas trees, pumpkins, fireworks; and other similar businesses or uses on a season basis.
SELF-SERVICE STORAGE: An outdoor area or a building(s) designed or used exclusively for storage of excess property of an individual, family, or business. Buildings are divided into individually accessed units and are not used for used for the day-to-day operations of any kind of businesses.
SERVICE STATION: A facility limited to retail sales to the public of gasoline, biodiesel, electricity, ethanol fuel blends, hydrogen, natural gas, or other fuels for motor vehicles, as well as motor oil, lubricants, travel aides, and minor automobile accessories. Accessory use may include restaurants, and convenience food and beverage sales.
SETBACK: The space on a lot or parcel that is required to be left open and unoccupied by buildings or structures, either by the requirements of this Code or by delineation on a recorded subdivision map.
SEXUALLY ORIENTED BUSINESS: Any establishment where employees engage in specified sexual activities or display specified anatomical areas.
SEXUALLY ORIENTED BUSINESS EMPLOYEE: Any person who performs any service on the premises of a Sexually Oriented Business, on a full time, part time, or contract basis, whether or not the person is denominated as an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
SHARED RESERVE AREAS: Areas on a given lot on which the animals on neighboring lots are allowed, on a weekly or more frequent basis, to occupy for grazing or other activities.
SHELTER HOME: A facility providing basic services that may include food, personal hygiene support, information and referrals, employment, mail, and telephone services; including overnight sleeping accommodations to people with limited financial resources, including people who are experiencing homelessness.
SIDEWALK CAFÉ: An area of the public right-of-way that is designed as a public sidewalk and on which the City permits private dining activities to occur, subject to limitations on design, facilities, and operations designed to protect public safety on remaining portions of the sidewalk area.
SIGN-RELATED DEFINITIONS:
ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or to create a special effect, scene, or the illusion of movement. A sign utilizing static message displays as allowed in Section 11-04-012.7.A(5) shall not be considered animated.
AWNING SIGN: The copy areas or separate background area attached to any shelter or decorative dimensional shape extending from the exterior surface of a building constructed of a supporting framework and covered with fabric or other non-rigid materials that may be raised or retracted to a flat position against the building, and that does not meet the definition of a Canopy Sign or Marquee Sign.
BANNER: A flexible substrate on which copy or graphics may be displayed.
BILLBOARD: A sign, generally known as outdoor advertising, mounted on a permanent or semi-permanent structure and depicting information not directly related to the property on which it is placed. Except where a specific distinction is drawn, the term "billboard" includes "poster panel" and "bulletin panel."
CANOPY SIGN: The copy areas or separate background area attached to a permanent structure made of plastic, metal, or other substance and providing a roof-like shelter over a public or quasi-public right-of-way, and that does not meet the definition of an Awning Sign or Marquee Sign.
CENTER SIGN: A freestanding sign on the site of a property with multiple tenants or occupants, and which is sized or designed to reflect the number of tenants or occupants on the property.
CONSTRUCTION SIGN: Any sign that warns of construction or demolition, or that describes a construction project and indicates the builder, architect, or others involved.
DIRECTIONAL SIGN: A sign that is designed and erected for the purpose of providing direction for pedestrian or vehicular traffic and that does not contain advertising.
ELECTRONIC MESSAGE DISPLAY: A sign or portion thereof capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.
FREESTANDING SIGN: A sign supported by a column, pole, foundation, pedestal, or other structure in or upon the ground.
FRAME: A complete, static display screen on an electronic message display.
FRAME EFFECT: A visual effect on an electronic message display applied to a single frame.
HEIGHT OF SIGN: The distance from the ground supporting the sign to the highest point of the sign. A landscape berm or other structure erected to support the sign shall be measured as part of the height. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation shall be used in determining the permitted height.
MANSARD: A sloped roof-like projection that is attached to an exterior building wall or façade.
MARQUEE SIGN: The copy areas or separate background area attached to a structure over an entrance to a theater and similar entertainment use, that provides changeable copy that relates to the principal use in the building, and that does not meet the definition of an Awning Sign or Canopy Sign.
MONUMENT SIGN: A freestanding sign in which the sign face is supported by a continuous and solid base that extends the full length of the sign face or is supported by posts not more than six inches above the ground on which the sign face is mounted.
NIT: A luminance unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source.
PROJECTING SIGN: A sign other than a wall sign, which projects from and is supported by a wall of building or other structure.
ROOF SIGN: A sign erected on the roof of a building. Signs mounted on mansard façades, eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.
SIGN: Any device visible from a public right-of-way that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered signs.
SIGN AREA: The area comprising the message portion of a sign, not including the supporting structure or background. When computing sign area, only the face or faces, which may be seen from one direction at one time, shall be considered. It is computed by measuring the area enclosed by straight lines drawn around the extremities of the text or graphics.
SIGN BACKGROUND: The surface located within the sign frame perimeters, and behind the main object(s) of the messaging, to which the sign area portion is affixed. In instances of awning or canopy signs, the background is the framed flat portion of the structure facing the street.
SIGN STRUCTURE: Any structure that supports a sign, including any decorative cover.
TEMPORARY SIGN: A sign that is used only temporarily and is not permanently mounted or embedded in the ground.
WALL SIGN: A sign that is affixed to or painted on an exterior wall of a building or structure.
WINDOW SIGN: A sign affixed to the surface of a window that is intended to be viewed from the public right-of-way or from adjacent property.
SITE PLAN: A "to scale" drawing of a lot or lots showing the actual measurements, the size and location of any existing building(s) and new buildings to be erected, the location of the lot in relation to abutting streets, use and development of the land, and other such information.
SLAUGHTERHOUSE, RENDERING PLANT: A facility for the slaughtering and processing of animals and refining of animal byproducts.
SMALL LOT OR RESIDENTIAL SMALL LOT: For the purpose of Section 11-04-03.4, Residential Small Lots, a newly created lot less than 3,500 square feet in the Residential zoning districts or a Substandard Original Lot of Record in the Residential zoning districts.
SOLID WASTE TRANSFER FACILITY: A facility at which non-hazardous refuse awaiting transportation to a disposal site is transferred from one type of collection vehicle to another. Refuse may be sorted and repackaged at a transfer station.
SPECIFIED ANATOMICAL AREAS: Any of the following parts of the human body with less than full opaque coverings: the human genitals, anus, cleft of the buttocks, or the female breast.
SPECIFIED SEXUAL ACTIVITIES: Any of the following whether actual or simulated:
A. The fondling or other erotic touching of any specified anatomical areas;
B. Masochism, erotic, or sexually oriented torture, beating, or the infliction of pain;
C. Sexual intercourse, masturbation, sodomy, oral copulation, coitus, ejaculation;
D. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above;
E. Erotic or lewd touching, fondling, or other contact with an animal by a human;
F. The exposure of display of human genitals in a state of sexual stimulation, arousal, or tumescence; or
G. Erotic dancing or rhythmic movements with a device, instrument, object, or pole.
H. The issuance of a Conditional Use Permit shall not be considered an affirmative defense or consent by Boise City for any activity that is prohibited by federal or state law, or any other prohibition not a part of this Section of the Code.
STREET: The public right-of-way or private property and related improvements that provides individuals utilizing vehicles, non-motorized vehicles, and pedestrian walkways to adjacent properties. The term "street" also includes the terms highway, thoroughfare, thruway, road, roadway, and other such terms.
STREET, ARTERIAL: Any street as designated by the ACHD, the Idaho Transportation Department and/or Community Planning Association of Southwest Idaho (COMPASS), whether existing or proposed, with a primary purpose of carrying individuals using vehicles, non-motorized vehicles and pedestrian walkways through an area and designed with limited access to abutting property.
STREET, COLLECTOR: Any street, as designated by the ACHD, existing or proposed, with a primary purpose and design to intercept individuals using vehicles, non-motorized vehicles, and pedestrian walkways to travel from the local street system and carry it to the nearest arterial street, while provided limited access to abutting property.
STREET FRONTAGE: Distance measured along the property line that fronts upon a street or alley. To constitute frontage, the subject street or alley shall provide access to abutting property.
STREET, GATEWAY: Streets within the city as listed below:
A. Broadway Avenue, from I-84 to Warm Springs Avenue;
B. Capitol Boulevard;
C. Federal Way, from Capitol Boulevard to Bergeson Street;
D. Front Street;
E. Myrtle Street;
F. Parkcenter Boulevard;
G. State Street, from the State Capitol to State Highway 55;
H. Vista Avenue, from I-84 to Capitol Boulevard; and
I. Warm Springs Avenue.
STREET, LOCAL: Any public street, other than a collector or arterial street (as determined by the current Ada County Highway District Master Street Map), designed to provide access to abutting property and principally serves local people traveling from one place to another using vehicles, non-motorized vehicles, and pedestrian walkways.
STREET, PRIVATE: A street approved by the City Council in conformance with the subdivision regulations of this Code that provides individuals using vehicles, non-motorized vehicles and pedestrian walkways for access and street frontage for individual lots. Private streets are owned and maintained by private individual(s) or entities. Governmental entities do not own nor maintain private streets.
STREET, PUBLIC: A public right-of-way that provides individuals using vehicles, non-motorized vehicles and pedestrian walkways to adjacent properties, the dedication of which has been officially accepted by the Ada County Highway District or the Idaho Transportation Department (ITD).
STRUCTURE: For purposes of applying the regulations in this Code, excluding those related to floodplain, wireless communication facilities, and historic preservation, anything constructed or erected, that requires location on the ground or is attached to something having location on the ground including, but not limited to buildings, platforms, framework, antennas, portable carport or cover, prefabricated metal, or plastic sheds, tents and fences and walls requiring a building permit.
SUBDIVISION: The division of a lot, tract, or parcel of land into two or more lots for the purpose of transfer of ownership or for the construction of improvements thereon, whether immediate or future, including dedication of streets.
SUBSTANDARD ORIGINAL LOT OF RECORD: Any single recorded platted lot held in one ownership that was of record and a legal buildable lot or parcel before August 16, 1966, or at annexation, whichever occurred first, and that has not had subsequent boundary changes but that does not meet a minimum width and minimum area permitted by this Code.
TAVERN OR LOUNGE: An establishment primarily engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and that may or may not serve food.
TOWNHOUSE: An attached single-family dwelling unit located on a platted lot and for which the individual owner may acquire title to the unit and lot. A townhouse may have an undivided common interest in the common areas including but not limited to sidewalks, open spaces, recreational facilities, and private drives.
TRACT: A generic term for an area of land that does not denote a specific condition. Used when speaking of both platted lots and unplatted parcels.
TRADE OR VOCATIONAL SCHOOL: An institution or facility conducting instruction in the technical or trade skills including, but not limited to, business, secretarial training, medical-dental technician training, beauticians, barbers, electronics, and automotive technician training.
TRAILER, TRAVEL: A vehicular portable structure designed as temporary living quarters for travel, recreational, and vacation uses.
TRANSIT FACILITY: The property, equipment, and improvements to provide mass transportation for passengers or to provide for the movement of people, including Park and Ride Facility stations, transfer stations, parking lots, and skyways.
TRANSIT TERMINAL: A passenger terminal or loading facility for a privately or publicly owned transit system, including a private shuttle service.
TREE, CLASS I: Small trees that do not generally reach over 25 to 30 feet in height and width. Class I trees are suitable for under power lines or smaller planting areas. Refer to the Treasure Valley Tree Selection Guide for more information.
TREE, CLASS II: Trees usually considered medium sized that do not generally reach over 30 to 40 feet in height and width. Class II trees are planted for their shade and used in site landscape and landscape buffer plantings. Refer to the Treasure Valley Tree Selection Guide for more information.
TREE, CLASS IIII: Trees that are long lived and attain a large height and trunk diameter of up to 70 or more feet in height and width. Refer to the Treasure Valley Tree Selection Guide for more information.
TREE PROTECTION ZONE: An area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees. The tree protection zone shall be a minimum of one foot per caliper inch measured of diameter at breast height. For example, a tree with a 20 inch diameter will have a tree protection zone radius of 20 feet.
TRUCKING TERMINAL: An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops serving or selling food or convenience items and fueling stations where primarily diesel fuel is sold.
URBAN FARM: Land used to grow plants and harvest food or ornamental crops for educational purposes, donation, and use by those cultivating the land, or for sale locally. This use includes accessory beekeeping, but does not include gardens that are accessory to a home.
UTILITIES: Water, sewage, gas, telephone, cable television, pressure irrigation, electricity, and similar facilities normally providing individual customer service to a building site.
UTILITY FACILITY, MAJOR: A large facility required for the operation of a utility regulated by the Idaho Public Utilities Commission including major water storage reservoirs, principal use renewable energy facilities, and similar uses that are larger than those facilities needed for distribution or collection of water, sewer, electrical power, or communications from main lines or substations to individual homes or neighborhoods of the city.
UTILITY FACILITY, MINOR: A small facility required for the operation of a utility regulated by the Idaho Public Utilities Commission including minor wells, pump houses, principal use renewable energy facilities, and similar facilities primarily used to distribute or collect water, sewer, electrical power, or communications from mail lines or substations to individual homes or neighborhoods of the city.
UTILITY, PUBLIC: Any person, company, or municipal department that is duly authorized to furnish to the public under public regulations electricity, gas, steam, telephone, transportation, sewage/wastewater disposal, or water.
USE: The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, or leased.
VARIANCES: A modification of the requirements of this Code as to lot size, lot coverage, lot width, street frontage, setback requirements, parking requirements, loading requirements, or other code provisions affecting the size or shape of a structure, or the placement of the structure upon lots, or the size of lots.
VEHICLE, COMMERCIAL: A vehicle or trailer with a gross vehicle weight of over 8,000 pounds and designed for commercial use, construction equipment, any standard type of vehicle with commercial or industrial attachments or modifications, including but not limited to lifts, tanks, spray equipment, cranes, and extension platforms used for commercial use or constructive equipment.
VEHICLE FLEET OPERATIONS CENTER: A central facility for the dispatch, distribution, storage, staging, and loading of vehicles that are owned, leased, or operated for a common purpose, with or without associated offices. Typical uses include, but are not limited to, ambulance service, taxi dispatch, meals-on-wheels dispatch, staging areas for shared vehicle services, and other operations that require frequent arrival and departure of cars or vans such as courier, delivery, and express services, cleaning services, key and lock services, security services, and taxi services. This use does not include a "Transit Terminal."
VEHICLE REPAIR, MAJOR: An establishment primarily engaged in vehicle repair, rebuilding, reconditioning, or mechanical servicing of motor vehicle engines, transmissions, frames, auto body repairs, framework, welding, and major painting.
VEHICLE REPAIR, MINOR: An establishment primarily engaged in providing minor motor vehicle repair services such as lubrication, oil and tire changes, engine tune-ups, brake repair, tire replacement, interior and exterior cleaning and polishing, installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. This definition does not include engine degreasing or major repairs such as vehicle bodywork, painting, or repair of engines or transmissions or "Service Station."
VEHICLE AND EQUIPMENT SALES, RENTAL, AND LEASING, HEAVY: An establishment that specializes in the sale, display, lease, rental, or storage of heavy equipment including, but not limited to, tractors, trucks with a gross vehicle weight of over 8,000 pounds, semi-trucks and/or trailers, boats, recreational vehicles, and other large equipment.
VEHICLE SALES, RENTAL, AND LEASING, LIGHT: An establishment that specializes in the sale, display, lease, rental, or indoor storage of light motor vehicles, including automobiles, vans, light trucks, and light trailers. Accessory uses may include sales of parts for, washing, and servicing of light vehicles.
VEHICLE WASH: A facility for the cleaning of automobiles, providing either self-serve facilities, automated machines, or employees to perform washing operations.
WHOLESALE OR WAREHOUSE, SMALL: A facility 100,000 square feet or smaller in building and/or use area that is used for the selling of merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies; or the storage of merchandise, stock, vehicles, furnishings, supplies, and other trade or business material.
WHOLESALE OR WAREHOUSE, LARGE: A facility greater than 100,000 square feet in building and/or use area that is used for the selling of merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies; or the storage of merchandise, stock, vehicles, furnishings, supplies, and other trade or business material.
WHOLESALE OR WAREHOUSE, LARGE: A facility greater than 100,000 square feet in building and/or use area that is used for the selling of merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies; or the storage of merchandise, stock, vehicles, furnishings, supplies, and other trade or business material.
WILDLAND-URBAN INTERFACE (WUI-O)-RELATED DEFINITIONS:
DEFENSIBLE SPACE: A natural or manmade area, where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur.
FIRE-RESISTANT VEGETATION: Vegetation that is resistant to the spread of fire, which generally includes but is not limited to, plants with a high-water content and supple, moist leaves, and plants with water-like sap such as birch and spruce trees. This definition generally does not include resinous plants such as spruce, pine, juniper, and fir; plants with leaves and wood containing waxes, terpenes, or oils; plants with stiff and leathery leaves, and plants with fine lacy leaves.
FLAME SPREAD INDEX: A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E 84 or UL 723. Flame spread index ratings and ranges are:
A. Class A - (0 - 25);
B. Class B - (26 - 75); and
C. Class C - (76 - 200).
IGNITION RESISTANT BUILDING MATERIAL: A building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames.
NON-COMBUSTIBLE BUILDING MATERIAL: A building material, other than a surface building material, that in the form in which it is used, is either: material of which no part will ignite and burn when subjected to fire, including but not limited to any material conforming to ASTM E 136; or a material having a structural base of non-combustible material with a surfacing material not over 1/8 inch thick, and with a flame spread index of 50 or less.
WIND ENERGY SYSTEM: Wind energy turbines, wind chargers, windmills, and related accessory equipment such as utility lines and battery banks, in a configuration necessary to convert the power of wind into mechanical or electrical energy.
WIRELESS COMMUNICATION FACILITY-RELATED DEFINITIONS:
ANTENNA: An apparatus designed for the purpose of emitting radiofrequency (RF) signals, to be operated or operating from a fixed location for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15.
ANTENNA EQUIPMENT: The equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a structure, is added to a structure at the same time as such antenna.
BROADCASTING OR RECORDING STUDIO: A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.
ELIGIBLE FACILITIES REQUEST: An application for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station pursuant to Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, as interpreted by the Federal Communications Commission.
LATTICE TOWER: A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.
MICROCELL WIRELESS COMMUNICATION FACILITY (WCF): small wireless communications facility consisting of an antenna that is either:
A. Four feet in height and with an area of no more than 580 square inches; or
B. If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
MONOPOLE: A support structure that consists of a single pole sunk into the ground and/or attached to a foundation.
STRUCTURE: For purposes of Section 11-03-03.4.D, Wireless Communication Facilities, a pole, tower, base station, or structure, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless services (whether on its own or comingled with other types of service).
STRAND-MOUNTED FACILITY: An attached wireless communication facility installed upon a cable strand in coordination with a utility provider.
TRANSMISSION TOWER: A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.
WIRELESS COMMUNICATIONS FACILITY (WCF): An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications or providing personal wireless services as defined in the Federal Telecommunications Act of 1996 that includes Federal Communications Commission licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging,and similar services that currently exist or that may in the future be developed. A WCF is composed of two or more of the following components:
A. Antenna;
B. Support structure;
C. Equipment enclosure;
D. Security barrier.
WIRELESS COMMUNICATION FACILITY, ATTACHED(ATTACHED WCF): An antenna array attached to an existing or replaced structure without exceeding the base height of the zoning district. Such structures shall include but are not limited to utility poles, signs, steeples, cupolas, water towers, and antennas attached to the exterior façade of a building.
WIRELESS COMMUNICATION ACILITY, FREESTANDING (FREESTANDING WCF): A WCF that includes a new support structure or otherwise is not an Attached WCF as defined above.
XERISCAPING: Xeriscaping incorporates water-conserving designs that take into account soil and drainage factors, microclimates, grouping of plants with similar water requirements, efficient irrigation systems, native vegetation, paving permeability, and low-water-using and drought tolerant vegetation. Xeriscape landscaping is not boulders, rocks, gravel, or any artificial plants nor shall "xeri" be interpreted to mean zero.
YARD: An open space on the same lot with a primary building or group of buildings, that is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Code, and that extends along a lot line/property line and at right angles to the lot line/property line to the nearest building façade of a primary or accessory building regardless of whether the distance between the lot line/property line and building façade is larger than the required setback.
ZERO LOT LINE DEVELOPMENT: Single-Family Dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line or attached sidewalls on a property line.
ZONING CERTIFICATE: An administrative review for a Type 2 Planning and Zoning application, that is issued separately by the City, certifying that the building, structure, use, or occupancy specified is in compliance with this Code and prior development approvals.
ZONING CODE: The latest version of that ordinance adopted by City Council including a consolidated set of zoning and subdivision controls for the city, as amended from time to time by City Council, also referred to as "this Code."
ZONING COMPLIANCE REVIEW: An administrative review for Type 1 Planning and Zoning applications that certifies that the building, structure, use, or occupancy specified is in compliance with this Code and prior development approvals. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)