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1. Purpose: This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the general standards set forth in this Section.
2. Approval Of Accessory Uses And Structures: Commonly allowed accessory uses are set forth in Table 11-06.1, however, this list is not inclusive. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Code. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated.
3. General Standards For Accessory Uses: All accessory uses and structures shall comply with the following general standards:
A. Subordinate To Principal Use: No accessory building shall be used unless the main building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership and shall utilize the same utility meter, with the exception of an approved accessory dwelling unit.
B. Location And Setbacks:
(1) No detached accessory building or structure shall occupy any area in front of the main building, unless approved by the PZC as a conditional use. However, on lots that have factory built housing or topographical or other physical constraints, the Director may approve a detached accessory building or structure in front of the main building.
(2) Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard areas.
(3) Accessory structures such as decks and patios that are one foot or less in height as measured from the property's finished grade, may occupy any yard area.
(4) Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to the home, may have rear yard setbacks of 9 feet. Interior side yard setbacks shall be per the zone. For corner lots, a minimum 15-foot street-side yard setback is required. Structures that use these reduced setbacks may not occupy more than 50% of the lot's rear yard widths.
(5) In-ground pools that are one foot or less in height, as measured from the property's finished grade, may occupy any rear or interior side yard area, provided a minimum three-foot setback is maintained from the pool apron or splashguard. Hot tubs, diving boards, decks, and other features that are more than one foot above grade shall be located outside of setbacks.
Figure 11-06.8: Pool setbacks
(6) In all residential zones garages and carports opening onto a side street must have a minimum distance between the opening of such garage or carport and the side street lot line of not less than 20 feet.
(7) Detached accessory structures with six feet of separation from other structures may utilize the following setback reductions:
(a) Detached accessory structures under 120 square feet in area and under seven feet in height (from grade to the top of the wall under the roof) are permitted in any yard area except in front of the main building and in required street side and front yard areas.
(b) Detached accessory structures that are over 120 square feet, but less than or equal to 500 square feet of area and that are less than 14 feet in height, may have reduced interior side yard setbacks of three feet and rear yard setbacks of nine feet.
(c) Accessory buildings that use these reduced setbacks may not occupy more than 50 percent of the lot's rear or side yard widths.
(d) Alley-Loaded Accessory Parking Structures:
i. Alley-loaded parking and parking structures shall provide a back up area of at least 22 feet. This back up area may be within the alley and/or the lot but not within an accessory structure.
ii. A minimum five-foot paved apron is required regardless of alley width.
iii. For side entry alley-loaded garages the back up area shall be provided for on the lot.
iv. Detached accessory structures that are under 1,000 square feet in area and under 22 feet in height may be built to the rear or side lot line abutting an alley.
v. Accessory structures over 1,000 square feet in area or over 22 feet in height shall comply with the setback requirements of the zone.
(8) Residential Accessory Buildings More Than 1,000 Square Feet In Area Or 22 Feet In Height: A zoning certificate is required for accessory structures over 1,000 square feet in area or 22 feet in height, subject to the following:
(a) No commercial use shall take place within the building;
(b) The square footage shall not exceed the floor area of the principal building;
(c) The building shall be architecturally compatible with the primary building;
(d) The building shall be compatible with neighboring properties in mass, and design.
4. Additional Standards For Specific Accessory Uses: Unless specified, standards for accessory uses are in addition to all applicable standards and approval criteria in this Code.
A. Tower And Gable Structures: No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters, nor for any commercial purposes other than as incidental to the primary use.
B. Beekeeping: The purpose of these regulations is to ensure sound beekeeping practices and thereby avoid problems that might be associated with the keeping of bees in an urban setting.
(1) Standards: Beekeeping standards shall be as follows:
(a) Noxious Insects Prohibited: The keeping of wasps, hornets, Africanized bees (Apis mellifera scutellata) and other noxious insects is prohibited.
(b) Density Of Hives & Colonies: There is no minimum parcel size for beekeeping. However, the maximum density is 3 colonies per 1/4 acre. Higher densities may be permitted by conditional use permit.
(c) Nucleus Colonies: For every two colonies authorized above, one additional nucleus colony is allowed.
(d) Hives: Colonies shall be kept in hives with removable frames.
(e) Flyway Barriers: For colonies located within 25 feet of a property boundary, a flyway barrier at least six feet in height consisting of a solid wall, fence or dense hedge parallel to the property line and extending ten feet beyond the apiary in each direction is required.
(f) Setbacks And Placement: Hives shall be located at least 20 feet from front property lines and three feet from other property lines. The back of the hive shall be oriented to adjoining properties.
(g) Water Source: A constant supply of fresh water is required. It shall be readily accessible to the bees and to allow them to access water by landing on a hard surface. A water supply is not required during winter and other inactive months.
(h) Maintenance: Hives not being actively maintained shall be removed. Colonies must be maintained so as to not interfere with the quiet enjoyment of surrounding properties.
(i) Queens: Where a colony exhibits unusually aggressive characteristics the colony shall be destroyed or re-queened.
(j) Compliance With State Statutes: Beekeeping shall comply with all applicable State laws.
(k) Contact Information: Contact information for a responsible party shall be posted at apiaries on vacant property.
C. Home Occupation:
(1) Procedure For Approval Of Use:
(a) Notification to the adjacent property owners and occupants, including properties across streets and alleys, must be submitted with the application, stating the adjacent property owners and occupants have been notified of the applicant's intent to operate a home occupation on site. Certified mail is an acceptable means of notifying adjacent neighbors.
(b) More than one home occupation may be approved for the same property address provided that the combined activities and uses of the home occupations do not exceed the approval criteria as set forth herein. For example, the aggregate total of floor space devoted to one or more occupations at a given address may not exceed 500 square feet.
(c) Home occupations may not be approved for some uses including, but not limited to, escort services, taxidermies, palm reading or other fortune telling businesses, and other such uses that are prohibited by the Boise City Code or are in violation of the purpose statement of this Code, as determined by the Director.
(2) Criteria For Allowed Home Occupations: A home occupation such as hair salons, graphic arts, desktop publishing, offices and instruction of small classes are allowed without application but must meet all of the following criteria.
(a) The use is clearly incidental and secondary to the use of the lot or parcel for dwelling purposes.
(b) The use is conducted entirely within a dwelling or accessory structure and the aggregate of all space within any or all buildings devoted to one or more home occupations shall not exceed 500 square feet in floor area. Outdoor storage of building materials and supplies is prohibited.
(c) The owner/operator of the home occupation shall reside on the premises and shall not employ others to work in the home.
(d) Required off-street parking spaces for the residence must be maintained.
(e) Deliveries and pickups shall be limited to two per day between the hours of 8:00 am and 6:00 pm, Monday through Friday.
(f) Instruction in music, crafts and dance shall be limited to one student at a time with a maximum of eight per day. To exceed this limit requires an Administrative Home Occupation.
(g) Salons shall be limited to one chair or nail table, commonly referred to as a station.
(h) Any materials used or any item produced or repaired on the premises shall not be displayed or stored so as to be visible from the exterior of the building.
(i) Only items produced on the premises may be offered for retail sale, except that items incidental to the home occupation may be sold (e.g. hair products may be sold at a salon).
(j) One 2-square foot sign is allowed. It must be attached flat against the building and may not be illuminated.
(3) Criteria For Administrative Home Occupations: Administrative home occupations require Planning Director approval to ensure they will not be a detriment to the character and livability of the neighborhood. Examples include group instruction or counseling and home based contractors. Administrative home occupations are subject to allowed home occupation criteria and the following:
(a) One vehicle, in addition to that used by an employee, may be used with a home occupation subject to the following:
i. Commercial vehicles are prohibited. (See definitions)
ii. An off-street parking space is required and may be provided on a driveway apron.
iii. Construction trailers must be stored outside of setbacks on improved surfaces and may not be visible a street.
iv. Outdoor storage of building materials and supplies is prohibited.
(b) Instruction in such activities as swimming, yoga and dance shall be limited to a maximum of five students per class. Conditions may be added to limit hours.
(c) Internal or external changes that would make the dwelling appear less residential are prohibited. Examples include construction of parking lots, paving of required setbacks and adding commercial-like exterior lighting.
(4) Prohibited Home Occupations: The following occupations are prohibited:
(a) Occupations which involve highly combustible materials.
(b) Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools.
(c) Occupations that cause abnormal automotive or pedestrian traffic or that are objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration or similar disturbances.
(d) Retail stores.
(e) Dispatch centers where employees meet at the dwelling unit and are sent to other locations.
(f) Occupations that would detract from the residential character of the neighborhood.
D. Livestock And Animals:
(1) Purpose: To define livestock and pets and establish standards for their keeping and care; that will maintain neighborhood compatibility and protect the health, safety, and welfare of the general public.
(2) 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.
(3) Pet: Pets generally are animals that may be kept indoors, though pets may also be kept outdoors. Pets are dogs, cats, up to six chickens (excluding roosters), four ducks, six rabbits or other small animals or poultry as determined by the Planning Director. The keeping of pets must comply with the performance standards in Section 11-06-07.4.D(7)(f).
(4) Commercial Livestock Uses: The keeping of livestock for sale or the sale of livestock products (such as milk) requires compliance with the standards in this ordinance and a conditional use permit.
(5) Animal Unit:
(a) An animal unit is:
i. One - horse, mule, cow, llama;
ii. Four - sheep, goats, or swine;
iii. Six - geese;
iv. Ten - rabbits; or,
v. Twelve - chickens, ducks.
(b) The Planning Director may determine a unit number for animals not listed.
(6) Livestock As Legal Nonconforming Uses: Nonconforming status shall be in accordance with Chapter 11-011, Nonconformance. Nonconforming status shall be lost if the livestock are absent from the property for a continuous period of two years.
(a) A minimum of one acre is required to keep livestock. For poultry and rabbits the minimum area is one half acre.
(b) With the exception of poultry and rabbits, a minimum contiguous area of one half acre (exclusive of structures) shall be dedicated to the keeping of the livestock. For poultry and rabbits, the minimum area is one quarter acre.
(c) Livestock shall be kept within fences, corrals, barns, or pens.
(d) Livestock enclosures must comply with setback requirements.
(e) The maximum density is two animal units per acre of area set aside for the keeping of livestock. For example, if one half of a one acre lot is set aside for the keeping of livestock one animal unit is allowed. (See exceptions listed in `8' below.) Maximum density shall not apply to offspring under nine months of age, nor shall it apply to pets.
(f) Livestock shall be kept so as to not cause adverse impacts on neighboring properties. This includes, but is not limited to, such impacts as odor, noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the City may cause to be abated.
(g) Structures housing pets, as defined in Section 11-06-07.4D(3), shall be located a minimum of 10 feet from any building used or capable of being used for human habitation on adjacent lots.
(h) It shall be unlawful to keep any animal listed in B.C.C. Section 5-1-8 under the auspices of this Section.
(8) Exceptions To Minimum Area:
(a) Livestock may be kept on less than one acre when allowed by subdivision covenants or duly adopted overlay districts. If animal density is not addressed therein, the density requirements of this ordinance shall apply.
(b) Livestock may be kept on less than one acre for educational purposes, such as 4H or FFA, though the maximum animal density shall not be exceeded.
(c) Horses that are regularly ridden and exercised off- site may exceed the standard animal unit density. One horse is allowed for every 14,500 sq. ft. of contiguous set aside area.
E. Urban Farm Standards:
(1) Setbacks: There are no setback requirements for garden plants. Accessory structures, fencing, and other miscellaneous improvements are subject to the dimensional standards of the zone.
(2) Maintenance: Dead plants, produce, and trash not to be used for composting or other garden functions shall be removed from the site in a timely manner.
(3) Equipment: The use of mechanical equipment is generally limited to that typically associated with home gardening. Larger equipment may be used on a limited basis for seasonal activities such as soil preparation or clean-up in the fall. The use of mechanical equipment is limited to daylight hours.
(4) Clear Vision Triangle: Plantings shall not obstruct any clear vision triangle. Plantings in the public right-of- way require a license agreement from ACHD.
(5) Water Conservation: Drip irrigation and other methods to conserve water are encouraged.
(6) Chemicals And Fertilizers: Chemicals, fertilizers or other toxic materials may not drain onto adjacent properties, into waterways, or onto public rights of way. Chemicals and other flammable materials must be disposed of in accordance with Federal and State requirements. If stored on site, they must be kept in a locked structure when unattended.
(7) Contact Information: On vacant parcels, a non- illuminated sign displaying the name and contact information for the individual or agency responsible for the garden shall be provided. This sign shall not exceed six feet in height or 32 square feet in background area.
(8) Lighting: No overhead lighting is allowed.
(9) Historic Districts: Urban farms located in a designated Historic Overlay District require a Certificate of Appropriateness.
(10) Produce Distribution: The pick-up and delivery of produce for the purpose of distribution to gardeners or those who have purchased shares of locally grown produce is allowed during daylight hours. Such activities shall not be considered retail sales.
(11) Retail Sales: Retail sales may be allowed at urban farms upon approval of a Zoning Certificate. In addition to the standards listed above, the following criteria apply:
(a) Sales shall be limited primarily to produce grown on the premises. Other items that have been grown or raised within the City's Area of Impact may also be sold. These items may not exceed 25 percent of total product on display.
(b) Display areas shall adhere to the setbacks of the zone and be located as close to the front property line as feasible.
(c) Installation of new overhead lighting is prohibited.
(d) Applications shall include signatures of residents of adjacent properties, including those across streets and alleys, indicating they have been notified of the intent to conduct retail sales. The list shall include the address of any residents unwilling to sign.
(e) In Residential And Open Space Zones:
i. The area dedicated to the sale, display and storage of produce shall not exceed 500 square feet.
ii. Sales are limited to the hours of 8:00 a.m. to 8:00 p.m.
iii. Installation of new on-site parking to support retail sales is prohibited.
(a) A decision to approve or deny will be made within 15 days of receipt of a complete application. If approved, notice will be sent informing owners and residents within three-hundred feet of the decision and their right to appeal.
(b) Conditions may be imposed to protect adjacent properties from adverse impacts.
(c) These standards may be exceeded with approval of a Conditional Use Permit.