8-3-1: OVERLAY DISTRICTS ESTABLISHED:

8-3-2: ALLOWED USES:

8-3-3: MULTIPLE OVERLAY DISTRICTS:

8-3-4: STANDARDS AND REGULATIONS:

ARTICLE J. RESERVED

ARTICLE L. RESERVED

ARTICLE M. RESERVED

8-3A-1: PURPOSE:

8-3A-2: APPLICABILITY:

8-3A-3: STANDARDS:

8-3B-1: PURPOSE:

8-3B-2: APPLICABILITY:

8-3B-3: STANDARDS:

8-3B-4: PROHIBITED USES:

8-3C-1: PURPOSE:

8-3C-2: APPLICABILITY:

8-3C-3: STANDARDS:

8-3D-1: PURPOSE:

8-3D-2: APPLICABILITY:

8-3D-3: PROCESS:

8-3D-4: STANDARDS:

8-3D-5: REQUIRED FINDINGS:

8-3E-1: PURPOSE:

8-3E-2: APPLICABILITY:

8-3E-3: PROCESS:

8-3E-4: STANDARDS:

8-3F-0: WARNING AND DISCLAIMER:

8-3F-1: PURPOSE:

8-3F-2: AUTHORITY:

8-3F-3: APPLICABILITY:

8-3F-4: ADMINISTRATION:

8-3F-5: DEFINITIONS:

8-3F-6: PROCESS:

8-3F-7: GENERAL REGULATIONS:

8-3F-8-1: LAND USE RESTRICTIONS:

8-3F-8-2: A AND D ZONES:

8-3F-8-3: AE AND AH ZONES:

8-3F-8-4: AO ZONE:

8-3F-8-5: REGULATORY FLOODWAY:

8-3F-8-6: FOOTHILL OR HILLSIDE TRIBUTARY FLOODPLAIN:

8-3F-9: REQUIRED FINDING:

8-3F-10: APPEALS:

8-3F-11: VARIANCES TO FLOOD INSURANCE PROGRAM STANDARDS:

8-3G-1: PURPOSE:

8-3G-2: APPLICABILITY:

8-3G-3: STANDARDS:

8-3H-1: PURPOSE:

8-3H-2: APPLICABILITY:

8-3H-3: APPLICATION REQUIREMENTS:

8-3H-4: PROCESS:

8-3H-5: STANDARDS:

8-3H-6: REQUIRED FINDINGS:

8-3H-7: WAIVER OF STANDARDS:

8-3H-8: ENGINEER OF RECORD RESPONSIBILITIES:

8-3I-1: GENERAL PROVISIONS:

8-3I-2: LAND USE DISTRICTS:

   A.   Land Use Districts: All areas within the Avimor Planned Community are divided into land use districts, and the use of each lot, parcel or tract of land is defined by the standards of its applicable land use district. The land use districts and the statement of purpose for each are as follows:

      1.   Village Center District (VC): It is the purpose of the Village Center Land Use District to provide for civic, commercial, retail and office uses, and for higher density residential uses in a mixed use village environment, located at the primary entrance and focal point of the community, in conformity with the Avimor goal, objectives and policies.

      2.   Village Residential District (VR): It is the purpose of the village residential land use district to provide for predominantly single-family residential uses, in flat land or moderately sloped areas, at densities between 3.5 and eight (8) units per acre in conformity with the Avimor goal, objectives and policies.

      3.   Foothills Residential District (FR): It is the purpose of the foothills residential land use district to provide for larger lot, single-family residential uses in hillside and valley areas at densities ranging from 0.5 to two (2) units per acre in conformity with the Avimor goal, objectives and policies.

      4.   Community Service District (CS): It is the purpose of the community service land use district to provide for utilities and public structures, services or facilities outside of the village center district, including, without limitation, schools, fire, police, EMS, and restricted commercial uses that are compatible with open space or recreation, such as landscape nursery, bicycle or recreational sales, rental and repair, or such other uses that are determined by the director to be in conformity with the Avimor goal, objectives and policies.

      5.   Foothills Open Space District (FOS): It is the purpose of the foothills open space land use district to provide for preservation of riparian corridors of natural watercourses, steep hillsides and major ridges above the three thousand five hundred foot (3,500') elevation, view corridors and wildlife habitat in conformity with the Avimor goal, objectives and policies.

      6.   Village Open Space District (VOS): It is the purpose of the village open space land use district to provide for natural and improved open spaces, including, without limitation, riparian corridors of natural watercourses, parks and play fields, and wetlands and drainage facilities in conformity with the Avimor goal, objectives and policies.

   B.   Land Use Design And Development Standards Matrix: All structures and site improvements within the various land use districts shall meet the design and development standards of table 8-3I-1 of this section unless otherwise specified.

TABLE 8-3I-1
AVIMOR PLANNED COMMUNITY LAND USE DESIGN AND DEVELOPMENT STANDARDS MATRIX

 

Land Use District	Design Principles	Land Type/ Location	Uses	Density 1	Height2	Lot Size/ Coverage3
Village Center	-   Centrally located civic, commercial, retail, office -   Mixed use6 -   Most intense housing -   Neighborhood scale commercial -   Pedestrian orientation -   Buildings relate to street -   Shared use parking encouraged for commercial/community uses	Flat land areas   See land use district map, table 8-3I-2 of this section	Retail, office and service with residential14 uses at a minimum of 25% of gross building square footage for the entire village center district   See land use table, table 8-3I-3 of this section	3.5 dwelling units per acre minimum where residential uses proposed   Floor area ratio shall be a minimum of 0.3   There shall be no maximum floor area ratio   No more than 1 accessory dwelling unit per residential lot	40'	Size: 1,500 sq. ft. minimum   Coverage: No maximum
Village Residential	Diverse housing types and income levels   Pedestrian orientation	Flat land or gently sloped areas 0–8% slope typical7   See land use district map, table 8-3I-2 of this section	See land use table, table 8-3I-3 of this section	3.5 dwelling units per acre minimum; 8 dwelling units per acre maximum   No more than 1 accessory dwelling unit per residential lot	35'	Size: Attached: 1,500 sq. ft. minimum Detached: 3,500 sq. ft. minimum   Coverage maximum: Attached: 80% Detached: 60%
Foothills Residential	Residential transition from village uses to foothills open space   Grade adaptive housing encouraged	Moderate hillside areas - 5–25% slopes typical   See land use district map	See land use table, table 8-3I-3 of this section	0.5 dwelling units per acre minimum; 2 dwelling units per acre maximum   No more than 1 accessory dwelling unit per residential lot	35'	Size: 9,000 sq. ft. minimum   Coverage maximum: 45%
Community Service	Structures or facilities providing community services outside of the village center district	Generally throughout the planned community where community services uses are needed See land use district map, table 8-3I-2 of this section	See land use table, table 8-3I-3 of this section	n/a	40'	Size: 1,500 sq. ft. minimum   Coverage: No maximum
Foothills Open Space	Preservation of natural features, wildlife habitat and view corridors	Steep hillside areas with slopes exceeding 25% See land use district map, table 8-3I-2 of this section	See land use table, table 8-3I-3 of this section	n/a	n/a	n/a
Village Open Space	Preservation of sensitive areas, scenic corridors and wildlife habitat, and cultural sites but with public or private recreational open spaces	Varied: riparian corridors, moderate slopes, unique natural features See land use district map, table 8-3I-2 of this section	See land use table, table 8-3I-3 of this section	n/a	n/a	n/a

 

 

Land Use District	Frontage 4	Minimum Setbacks5	Streets/Parking	Design Standards	Landscaping/Open Space12
Village Center	20'   Corner lot: 25'   Flag lot: 20'8	No minimum setbacks	Public streets: ACHD approved standards   Parking requirement per chapter 4, article G of this title   On street parallel or diagonal parking with parking reduction by approval of a parking budget for nonresidential uses13	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space: n/a   Landscape: -   Residential uses subject to standards applied by Avimor design review committee -   Community and commercial/industrial uses subject to requirements of chapter 4, article F of this title
Village Residential	30'   Corner lot: 35'   Flag lot: 20'8	Front: 10' for all structures except: -   8' for alley loaded residences -   20' for all residential garages9 Side: Attached 0' Detached 5' Zero lot line: 10' between living area on adjacent lots11   Street side: 10'   Rear: 15' except: 5' for alley loaded residential garages10	Public streets: ACHD approved standards   Parking requirement per chapter 4, article G of this title	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space: n/a   Landscape: -   Residential uses subject to standards applied by Avimor design review committee -   Community and commercial/industrial uses subject to requirements of chapter 4, article F of this title
Foothills Residential	40'8   Corner lot: 45'   Flag lot: 20'8	Front: -   Living 15' -   Garage 20'9 Side: -   Minimum 5' -   Cumulative 15' minimum Street side: 10' Rear: -   Living 20' -   Garage 5'10	Public streets: ACHD approved standards   Parking requirement per chapter 4, article G of this title	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space: n/a   Landscape: -   Residential uses subject to standards applied by Avimor design review committee -   Community and commercial/industrial uses subject to requirements of chapter 4, article F of this title
Community Service	20'	Front: 10' Side: 10' Rear: 10' - except for any parcel located adjacent to a residential district where setback to any common boundary with a residential lot shall be 30'	Parking requirement per chapter 4, article G of this title	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space: n/a   Landscape: All uses subject to requirements of chapter 4, article F of this title
Foothills Open Space	n/a	For structures and improvements permitted within the district, there shall be no minimum setback except for any parcel located adjacent to a residential district where setback to any common boundary with a residential lot shall be 30'	Public streets: ACHD approved standards   Parking requirement per chapter 4, article G of this title except as set forth in note 14	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space designated for all areas unoccupied by building lots, structures, streets, or parking lots, except as otherwise specified in chapter 4, article J of this title   Landscape: All uses subject to requirements of chapter 4, article F of this title
Village Open Space	n/a	For structures and improvements permitted within the district, there shall be no minimum setback except for any parcel located adjacent to a residential district where setback to any common boundary with a residential lot shall be 30'	Public streets: ACHD approved standards   Parking requirement per chapter 4, article G of this title except as set forth in note 14	The development standards and design guidelines set forth in section B-13 of the Avimor specific plan are hereby incorporated by this reference and shall constitute the design and development standards for the following design elements: green design standards, water conservation, energy conservation, site design, grading and drainage, architecture, landscape, fences and walls, lighting, signage, and wildlife. The relevant development standards and design guidelines shall be applied to uses within this land use district as appropriate.	Open space designated for all areas unoccupied by building lots, structures, streets, or parking lots, except as otherwise specified in chapter 4, article J of this title   Landscape: All uses subject to requirements of chapter 4, article F of this title

 

Notes:

   1.   The height of any structure shall be measured at:

-   The top of parapet for flat roof structures.

-   The midpoint average between the eaves and roof peak for pitched roof structures.

-   From finished grade at any point under the structure for grade adapted, or stepped foundations, or engineered building pad.

-   Height exception for: cell towers, chimneys, church spires or belfries, radio tower, water tanks, elevator bulkheads, windmills.

   2.   The term "coverage" is defined as the footprint of a structure at the foundation wall, including covered areas: porches, entries and patios. Driveways and walks are excluded.

   3.   Frontage requirements may be met by frontage on an alley.

   4.   Encroachments:

-   Eaves, fireplaces or other architectural features may project up to 2 feet into a side yard setback.

-   Open porches may project up to 5 feet into a front yard setback.

-   Open structures (porches, patios, balconies, and similar architectural features) may project up to 10 feet into a rear yard setback.

   5.   Mixed use: The integration of different uses, including, without limitation, work space such as office and retail, dwellings, shopping, schools, restaurants, entertainment, parks, and civic buildings, all within close proximity and often within the same buildings.

   6.   Slope is calculated as the average grade across a parcel of land.

   7.   Frontage for flag lots shall be 20 feet and shall apply in all land use districts notwithstanding the specified frontage.

   8.   Front setbacks shall be measured from back of sidewalk or property line, whichever is closer. The 20 foot garage setback is measured from face of the garage door to back of sidewalk. The setback for a side entry garage may be reduced to the same as the living area setback, except when access is from a side street.

   9.   The setback for an accessory dwelling unit over a garage shall be the same as for the garage itself.

   10.   Zero lot line development in the village residential land use district shall only be permitted on lots platted for such purpose which plat designates the permissible building envelope for each zero lot line lot.

   11.   Open space: Land or water left in an undisturbed natural condition and unoccupied by building lots, structures, streets, or parking lots, except as otherwise specified in chapter 4, article J of this title.

   12.   The amount of land dedicated to parking lots may be reduced by approval of a parking budget using shared parking, differential time use, 1 stop multiple use, and on street parking. The director shall have the authority to approve such a parking budget with different parking requirements than are set forth in the ordinances, after determining that adequate parking is provided for the proposed uses. The uses upon which the parking budget is approved shall not be changed without the director's approval. Diagonal on street parking may be approved by ACHD consistent with pedestrian safety.

   13.   Village center land use district may include the following residential uses: duplexes, single-family attached, live/work units, lofts, multi-family, and townhouses.

   14.   The parking requirements set forth in section 8-4G-6, table 8-4G-2 of this title for public recreation facility or open space as set forth therein, are hereby modified so that no parking shall be required for any use except for those open space uses specified in subsection 8-4J-3C4 of this title.

   C.   Land Use District Map: The land use districts are established by, and depicted on the Land Use District Map as set forth in table 8-3I-2 of this section. Land use district boundaries are general and shall be refined during the detailed site planning process. The exact location of the land use district boundaries shall be established during subdivision platting and shall be described by metes and bounds and identified on the preliminary and final subdivision plats.

TABLE 8-3I-2

 

   D.   Land Use Regulations: Land use eligibility for each land use district is set forth in table 8-3I-3, "Avimor Planned Community Land Use Table", of this section.

      1.   The land use table designates uses as: principal permitted uses (P), conditional uses (C), or prohibited uses (-).

      2.   Principal permitted uses shall be allowed anywhere within a land use district upon the platting of the property and designation of the land use district for the property where the use is proposed; the issuance of a zoning certificate; and the issuance of a building permit.

      3.   Any conditional use not approved as part of the Avimor Specific Plan shall be allowed only upon the issuance of a conditional use permit.

      4.   When a proposed use is not identified by this article as a principal permitted use, a conditional use or an accessory use, but such use is not specifically designated as a prohibited use, such shall be evaluated and determined by the Director pursuant to the Ada County zoning ordinance.

      5.   Agricultural uses, including the grazing of livestock within the Foothills Open Space District, shall not materially interfere with the district's open space function or any other use permitted therein under this article, as evaluated and determined by the Director in section 8-3I-3 of this article.

TABLE 8-3I-3

AVIMOR PLANNED COMMUNITY LAND USE TABLE

Use Category		Land Use Districts
		Village Center	Village Residential	Foothills Residential	Community Service	Foothills OS	Village OS

Use Category		Land Use Districts
		Village Center	Village Residential	Foothills Residential	Community Service	Foothills OS	Village OS
Residential:
	Accessory dwelling unit	P	P	P	-	-	-
	Bed and breakfast establishment	P	C	C	-	-	-
	Duplex/dwelling, single-family attached	P	P	P	-	-	-
	Dwelling, live/work	P	P	C	-	-	-
	Dwelling, loft	P	-	-	-	-	-
	Dwelling, multi-family	P	P	-	-	-	-
	Dwelling, single-family detached	-	P	P	-	-	-
	Dwelling, townhouse	P	P	-	-	-	-
	Group daycare facility	P	P	P	-	-	-
	Home occupations	P	P	P	-	-	-
	Model home complex/sales center	-	P	P	-	-	-
Community:
	Adult respite care center	P	C	-	-	-	-
	Auditoriums, community theaters, museum, art gallery, library, post office/studio	P	-	-	-	-	-
	Campground, recreational vehicle park	P	-	-	P	-	-
	Church or place of religious worship	P	P	-	-	-	-
	Community garden	P	P	-	P	-	P
	Daycare center	P	C	-	-	-	-
	Greenhouse; nursery, retail; nursery, wholesale	P	C	-	P	-	-
	Nursing facility, skilled	P	-	-	-	-	-
	Public safety; fire, police, EMS	P	C	-	P	-	-
	Recreational area, play field and facilities, including school fields	P	P	P	P	P	P
	Recreational buildings, public or private, indoor	P	P	P	C	-	-
	Residential care facility	P	C	-	-	-	-
	School, public or private: kindergarten, elementary	P	C	C	P	-	-
	School, public or private: middle, junior high, and senior high	C	C	-	C	-	-
Commercial/industrial:
	Animal clinic, animal hospital or veterinary office	P	-	-	-	-	-
	Automotive service, gas station, car wash, convenience store with gas pumps	P	-	-	-	-	-
	Bank/financial institution, including drive-up window service	P	-	-	-	-	-
	Bar/brewpub	P	-	-	-	-	-
	Dwelling, live/work	P	P	C	-	-	-
	Equestrian facility	-	-	C	C	C	C
	Food vehicle/trailer concessions	P	-	-	-	-	P
	Grocery store/pharmacy	P	-	-	-	-	-
	Health club, spa	P	-	-	-	-	-
	Hotel or motel	P	-	-	-	-	-
	Laundromat/dry cleaning	P	-	-	-	-	-
	Liquor store/wine shop	P	-	-	-	-	-
	Movie theaters/ entertainment complex	P	-	-	-	-	-
	Office: professional, business, medical, dental	P	-	-	-	-	-
	Outdoor markets/community events/sales events	P	P	P	P	P	P
	Recycling center	C	-	-	-	-	-
	Restaurant/bakery/coffee shop, including drive-through	P	-	-	-	-	-
	Retail store	P	-	-	-	-	-
	Social hall, club or lodge	P	-	-	-	-	-
	Storage facility, self-service	P	-	-	-	-	-
	Temporary construction office/temporary construction yard	P	P	P	P	P	P
	Transit facility/park and ride lot	P	-	-	P	-	-
	Utilities: substation, gas regulator station, telecommunication tower or facility	C	C	C	P	C	-
	Utilities: well field, water and wastewater treatment facilities	C	C	C	P	C	-

 

(Ord. 739, 2-10-2010; amd. Ord. 832, 11-17-2014; amd. Ord. 860, 1-31-2017)