11-06-04: PUBLIC/INSTITUTIONAL USE STANDARDS:
   1.   Child And Adult Care Uses:
      A.   Adult Day Care: An adult day care use shall:
         (1)   Provide adequate access for physically disabled patrons of the facility.
         (2)   If located on an arterial or collector street, provide for an on-site patron pick-up area designed to prevent vehicles from backing onto the street (backing into an alley is permissible).
         (3)   Meet the occupancy requirements of the Fire Department.
         (4)   Obtained all required licenses from the city or the State of Idaho.
      B.   Child Care: A Child Care Use, including the uses Child Care Home, Group Child Care Home, Child Care Center, Intermediate Child Care Center, and Large Child Care Center, shall comply with the standards in this section. Notification to the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, stating they have been notified of the applicant's intent to operate a child care facility on site. Certified mail is an acceptable means of notifying adjacent neighbors.
         (1)   Minimum Criteria For All Child Care Uses: Every child care use shall meet the following standards:
            (a)   Provides a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.
            (b)   Provides a minimum of 35 square feet of indoor gross floor area per child.
            (c)   Secures and maintains a child care license from Boise City and the State of Idaho.
            (d)   Complies with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.
            (e)   Provides adequate lot size for parking, child pick- up area, play area, screening and setbacks. In the case of a Child Care Home, the Director shall determine needed improvements.
         (2)   Additional Criteria For A Child Care Home:
            (a)   The use shall not change the structural character of the dwelling.
            (b)   A maximum of one employee is allowed.
         (3)   Additional Criteria For Child Care Use By Type: In addition to the applicable criteria above, a child care use shall be subject to additional standards as indicated in Table 11-06.2.
 
Table 11-06.2: Additional Criteria for Child Care Uses by Type
Criteria
Child Care Home
(1 - 6 Children)
Group Child Care Home
(7 - 12 Children)
Child Care Center
(7 - 12 Children)
Intermediate Child Care Center
(13 - 20 Children)
Large Child Care Center
(21 or more Children)
The use shall provide for an on- site child pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).
Applicable if located on a collector or arterial street
Applicable if located on a collector or arterial street
Applicable
Applicable
Applicable
Allowable signage shall be non- illuminated and as indicated. The applicant's proposal for signage should be submitted and considered during the review process.
One 12 sq. ft. attached sign
One 12 sq. ft. attached sign
One 12 sq. ft. attached sign
One 20 sq. ft. attached sign
As allowed by applicable zoning district
Minimum parking to be provided shall be as indicated.
1 off-street space per employee.
1 off-street space per employee
1 off-street space per employee.
1 off-street space per 10 children, with a minimum of 2 spaces, except in a parking reduction district, and then as indicated for the district.
Facility location shall be as indicated.
In the operator's principal residence, and must be incidental to the primary use of the dwelling as a residence.
In the operator's principal residence and must be incidental to the primary use of the dwelling as a residence.
On the edge of a neighborhood and not in the center.
On the edge of a neighborhood and not in the center.
On a collector or arterial street; or if for school age children, within 300' of the school grounds; or in a public assembly structure.
 
         (4)   Discretionary Conditions For Approval: The Director may condition approval of a child care use on the following conditions to protect adjacent properties from adverse impacts or to protect the health, safety, and welfare of the children:
            (a)   Fencing or landscape screening of the facility to protect adjacent properties from activities of the facility, or to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;
            (b)   Additional setback from any property line to play areas to protect adjacent properties or to protect children from busy streets, irrigation ditches, animal pastures, and other similar conflicts; or
            (c)   Any other conditions deemed necessary by the Director to protect the health, safety, and welfare of the children or to protect adjacent property owners from adverse impacts.
   2.   Communication Uses:
      A.   Wireless Communication Facilities: This Chapter establishes standards for the placement of wireless communication facilities (WCF's) in all zoning districts. The intent is to minimize potential adverse impacts by regulating the height, location of WCF's while recognizing that co-location is the preferred option. The placement of all new WCF's and the expansion or alteration of any existing WCF's shall be subject to this ordinance.
         (1)   Required Documentation:
            (a)   A report from a licensed professional engineer describing the tower height and design. The report shall include the following: a cross section of the tower; elevations that document the height above grade for all potential mounting positions for co-located antennae; and the minimum separation distances between antennae. The report also must include a description of the tower's capacity regarding the number and type of antennae that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer.
            (b)   A letter of intent committing the applicant/owner and successors to allow the shared use of the tower.
            (c)   A propagation study showing the location of existing facilities within the coverage area, and radio frequency modeling providing evidence as to why the WCF is needed at the chosen location.
            (d)   A written analysis demonstrating the proposed site is the most appropriate within the immediate area. The analysis shall include the following:
               i.   Description of the surrounding area, including topography;
               ii.   Natural and manmade impediments, if any, that would obstruct existing wireless telephone transmissions;
               iii.   Physical site constraints, if any, that would preclude construction of a wireless communications facility on another site;
               iv.   Technical limitations of the system that limit siting options; and
               v.   A detailed explanation as to why co-location is not possible on buildings or antennas in the proposed coverage area.
         (2)   A permit is required for the installation of new WCF's and for the expansion or alteration of existing WCFs. The permit requirements are identified in Table 11-06.3, below.
 
Table 11-06.3: Wireless Communication Facilities - Allowed, Conditional and Prohibited Uses by Zoning District
A = Allowed, A* = Administrative Approval, C = Conditional use
ZONE
MICROCELL FACILITIES
VISUALLY UNOBTRUSIVE/ ATTACHED FACILITIES
MONOPOLE LESS THAN MAX. HEIGHT OF BASE ZONE
MONOPOLE MORE THAN MAX. HEIGHT OF BASE ZONE
LATTICE TOWER
R-1A
A*
A*
C
R-1B
A*
A*
C
R-1C
A*
A*
C
R-2
A*
A*
C
R-3
A*
A*
A*
C
C
R-O
A*
A*
A*
C
C
L-O
A*
A*
A*
C
C
N-O
A*
A*
A*
C
C
C-1
A*
A*
A*
C
C
C-2
A*
A*
A*
C
C
C-3
A*
A*
A*
C
C
C-4
A*
A*
A*
C
C
C-5
A*
A*
A*
C
C
H-S
A*
A*
A*
C
C
M-1
A*
A*
A*
C
C
M-2
A*
A*
A*
C
C
M-4
A*
A*
A*
C
C
T-1
A*
A*
A*
C
C
T-2
A*
A*
A*
C
C
PC
A*
A*
A*
C
C
A
A*
A*
A*
C
C
U
A*
A*
A*
C
C
 
         (3)   Site Development Standards: The following shall apply to applications for non-co-location WCF's in all zone districts. Site development standards shall not apply to WCFs located on buildings.
            (a)   Setbacks: Support tower structures that do not exceed the height limit of the zone must meet setback, landscaping and screening requirements of the zone. Support tower structures which exceed the height limit of the zone shall be set back from all property lines as required by that zone or one foot for every ten feet of total tower height, whichever is greater setback. When a WCF is located within 300 feet of residential zoning or uses, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.
            (b)   Separation: No closer than 500' to another WCF.
            (c)   Height: The height measurement of a WCF shall include the height of the structure including antenna attachments. Structures exceeding the height limitations of the zone may only be allowed by Conditional Use Permit as indicated in Table 1 of this code.
            (d)   Equipment Facility: All equipment shelters, cabinets, or other on ground ancillary equipment shall meet set back requirements.
            (e)   Screening And Landscaping: Tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip at least four feet wide outside the perimeter of the compound. A minimum of 50 percent of the plant materials shall be of an evergreen variety. In locations where the visual impact of the facility is minimal, the landscaping requirement may be reduced or waived by the Planning Director.
            (f)   Color And Placement: To the greatest extent possible, materials, colors, textures, screening and landscaping shall be used that blend the tower facilities to the natural setting and the built environment. Any antennas and supporting electrical and mechanical equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.
            (g)   Lighting And Security: Unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission structures shall not be lighted. Transmitter equipment shelters may use security lighting which is compatible with the surrounding neighborhood and confined to the boundaries of the site. Where a WCF is required to meet FAA paint or lighting regulations, the distance between the WCF and any residential zoning district or use or any historic district, shall not be less than 1/4 mile.
            (h)   Advertising: No advertising or display shall be located on any antenna or antennae support structures.
            (i)   Discontinuation Of Use: Any WCF that is no longer in use shall be reported immediately by the service provider to the Planning Director. Discontinued facilities shall be removed within 6 months and the site restored to its pre-existing condition.
            (j)   WCF's are prohibited within the Boise River Greenbelt setback.
            (k)   Lattice towers and monopoles that exceed the base zone height limit are prohibited within 100 feet of these gateway streets.
               i.   Capitol Boulevard.
               ii.   Vista Avenue from I-84 to Capitol Boulevard.
               iii.   Broadway Avenue from I-84 to Warm Springs Avenue.
               iv.   State Street from the State Capitol to State Highway 55.
               v.   Myrtle Street.
               vi.   Front Street.
               vii.   Federal Way from Capitol Boulevard to Bergeson Street.
               viii.   Warm Springs Avenue.
               ix.   Park Center Boulevard.
         (4)   Administrative Review: WCF's (including any supporting structures and appurtenances) which are installed to meet the following standards are deemed "Not Visually Obtrusive" and shall require a zoning certificate. They may also require building, electrical or other construction permits as well as Design Review approval. Installations which are considered to be "not visually obtrusive" include:
            (a)   Antennae located entirely within approved signage. May include antenna placed within the sign face or attached to a support structure so long as the design is such that the antennae is effectively unnoticeable. Such antennae may not be placed on a non-conforming sign.
            (b)   Flush mounted, color coordinated panels on existing buildings where equipment is not visible above the roof line. All equipment shelters, cabinets or other accessory structures shall be located within the building utilized for the antennae, or on the ground located outside of any required setbacks, required landscaping or parking spaces.
            (c)   Antennae built into architectural features or which appear to be architectural features themselves, added to existing structures (such as chimneys, cupolas, dormers, bell towers, steeples, water tanks, stadium lights, utility poles, and other similar features) where the zoning height limit for such architectural features is not exceeded.
            (d)   Co-location on existing facilities where the height of the existing antennae tower or pole does not increase over the maximum height of the base zone.
            (e)   Installations which are located far from any prospective viewer and in such a way as to have a backdrop of terrain which obscures the antennae as to make it visibly unobtrusive and effectively unnoticeable.
            (f)   Antennas that appear to be natural features indigenous to the site and which are located in proximity to the features they are imitating so that they blend in and do not stand out visually.
            (g)   Installations may not create adverse noise from generators or other accessory equipment.
            (h)   Installations may not create access or grading problems.
         (5)   "Microcell" Wireless Communications Facilities: "Microcell" wireless communications facilities provide communications coverage to a geographically limited and specifically defined area (e.g. a busy street intersection, an individual building or a topographically constrained area). Such facilities are integrated with standard cellular technology (i.e. a macro cell) to provide wireless communication services to the public. The installation of such facilities shall require only administrative level review if all of the following criteria are met (otherwise a Conditional Use Permit shall be required):
            (a)   No new antenna tower is erected (microcell facilities may be located on existing poles, towers, buildings, etc. in compliance with this subsection).
            (b)   No antenna shall be located within 30 inches of any space occupied by or available to the public.
            (c)   No antenna shall exceed six square feet in area.
            (d)   The equipment shelter associated with a microcell site may not exceed 100 square feet in floor area or six square feet in area.
            (e)   The antenna(e) may be mounted on a roof only if the height of the antenna(e) at the highest point does not exceed the horizontal distance from the antenna to the edge of the rooftop.
   3.   Education Uses:
      A.   Public School Facilities: When considering a conditional use permit application for a public school facility, the commission shall ensure that the Idaho Transportation Department, the appropriate local highway jurisdiction, or both, have reviewed the application and reported on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development of surrounding undeveloped parcels; zoning in the vicinity; access control of adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application.
   4.   Parks And Recreation Uses:
      A.   Golf Club House: A Golf Club House shall be located more than 300 feet from a residence, unless a closer location is approved by a zoning certificate or conditional use permit.
   5.   Utility Uses:
      A.   Utility Facility, Major:
         (1)   Public service poles, towers, or similar installations are of a height of 85 feet or less may be allowed in a residential district, including the replacement of existing facilities.
         (2)   Public service poles, towers, or similar installations of a height of 85 feet or greater must be approved by conditional use permit. An approval shall consider all generally applicable approval criteria for a conditional use permit, and the following standards. The pole or tower locations and heights shall:
            (a)   Not interfere with airport height restrictions;
            (b)   Minimize disturbance to views from established residential areas;
            (c)   Minimize disturbance to or interference with view of city, state, or federally registered historic structures;
            (d)   Not obstruct clear vision triangles or otherwise threaten motorist or pedestrian safety;
            (e)   Minimize conflict with existing uses;
            (f)   Be within route corridors already established or use by rail, automobile traffic arterials, or electrical transmission; and
            (g)   Be within route corridors that provide for a satisfactory level of energy efficient transmission of the product (electrical energy or other signals); or
            (h)   Be the best available alternative placements and heights, even though they do not comply perfectly with all the above findings.