Ada County Unincorporated
City Zoning Code

CHAPTER 4

REGULATIONS APPLYING TO ALL DISTRICTS

8-4-1: PURPOSE:

This chapter establishes regulations for all uses as set forth in the applicable base and overlay districts including specific regulations for one time divisions, property boundary adjustments, private roads, master site plans, landscaping, off- street parking and loading, lighting, signs, dedicated open space, and surety agreements. See chapter 5 of this title for specific use standards. (Ord. 389, 6-14-2000)

8-4-2: APPLICABILITY:

The regulations of this chapter shall apply as follows:

A. All development shall be in accord with the regulations in article A of this chapter. Access shall comply with the regulations of section 8-4A-3 of this chapter.

B. Applications for one time divisions shall be reviewed and approved by the regulations as set forth in article B of this chapter and the procedures in chapter 7 of this title.

C. Applications for property boundary adjustments shall be reviewed and approved by the regulations as set forth in article C of this chapter and the procedures in chapter 7 of this title.

D. Applications for private roads shall be reviewed and approved by the regulations as set forth in article D of this chapter and the procedures in chapter 7 of this title.

E. Master site plans shall be approved, approved with conditions, or denied in accord with the regulations of article E of this chapter and the procedures in chapter 7 of this title.

F. Landscaping shall comply with the regulations of article F of this chapter.

G. Off-street parking or loading facilities shall comply with the regulations of article G of this chapter.

H. Exterior lighting shall comply with the regulations of article H of this chapter.

I. Signs shall comply with the regulations of article I of this chapter.

J. Dedicated open space uses in subdivisions and planned unit developments shall comply with the regulations of article J of this chapter.

K. Surety agreements shall comply with the regulations of article K of this chapter.

L. Temporary uses shall comply with the regulations of article L of this chapter. (Ord. 389, 6-14-2000)

8-4A-1: PURPOSE:

This article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This article supplements the regulations for development in each base district and overlay district as set forth in chapters 2 and 3, respectively, of this title. (Ord. 389, 6-14-2000)

8-4A-2: APPLICABILITY:

This article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with overlay districts, specific use standards, or other regulations of this title. (Ord. 389, 6-14-2000)

8-4A-3: ACCESS TO AND FRONTAGE ON A ROADWAY:

A. "Development", as herein defined, shall only be approved on a property that meets the minimum dimensional standards of the base and overlay districts, unless otherwise allowed by this title. When a property takes access from a private road, the terminus of which is located within the property, the required frontage shall be thirty feet (30') or the width of the private road easement.

B. Access shall be taken from the required frontage unless the property also has frontage on an alley or an approved private road. Multi-family, commercial or industrial developments may be exempt from this requirement if the development meets the standards for continuous service drive outlined in section 8-4G-4 of this chapter. (Ord. 389, 6-14-2000; amd. Ord. 491, 2-26-2003; amd. Ord. 763, 10-13-2010)

8-4A-4: ACCUMULATION OF JUNK:

Unless approved as a commercial junkyard, accumulation of junk on a property shall only be allowed on a property where a principal permitted use is established. Property owners shall not store junk outdoors on more than one acre of area or shall not exceed the maximum coverage allowed for the property, whichever standard is more restrictive. All outdoor storage of junk shall be subject to screening standards of section 8-4F-5 of this chapter, except farms, as herein defined, in a rural district shall be excluded from screening abandoned farm equipment. Junk shall not exceed the height of the sight obscuring screen. (Ord. 389, 6-14-2000)

8-4A-5: AGRICULTURE:

Nothing contained in this title shall prohibit the use of any land for agriculture except where such use creates a health hazard . (Ord. 389, 6-14-2000)

8-4A-6: ATMOSPHERIC EMISSIONS:

All atmospheric emissions (including, but not limited to, smoke, gas, dust, odor, or other atmospheric pollutants), without respect to whether the emissions are created outside the structure in which the use is conducted or within a completely enclosed structure, shall obtain a permit, as provided in Idaho Code section 39-115, through the Idaho department of health and welfare. (Ord. 389, 6-14-2000)

8-4A-7: CONDOMINIUM PROJECTS:

All condominium projects shall be reviewed to ensure the use complies with the requirements of any applicable base and overlay districts. If approved, the condominium project plat and declaration shall be certified by the county surveyor and signed by the board as provided in Idaho Code title 50, chapter 13 and title 55, chapter 15. (Ord. 389, 6-14-2000)

8-4A-8: CONTIGUOUS PARCELS:

Abutting parcels held in the same ownership shall be considered one property for development purposes unless the owner can demonstrate one of the following:

A. The parcels comply with the regulations of this title that were in effect at the time such parcels were recorded, and the parcels were originally conveyed and recorded under a single deed identifying each as a separate parcel;

B. The parcels comply with the regulations of this title that were in effect at the time such parcels were recorded, and the parcels were originally conveyed and recorded under separate deeds;

C. Each of the abutting parcels is a conforming or nonconforming property as defined in subsection 8-1B-2B of this title; or

D. Physical characteristics of the property prevent its use as one unit, the properties are separated by a fee simple ownership and/or the properties are separated by a public right of way or public street. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4A-9: CONSTRUCTION SITES:

New development shall contain construction debris on site and prevent windblown debris from entering neighboring properties. (Ord. 389, 6-14-2000)

8-4A-10: DIMENSIONAL STANDARDS:

Dimensional standards and required yards are established for each base district as set forth in chapter 2 of this title.

A. Minimum Area And Dimension Requirements: No property size, yard, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required. If already less than the minimum required by this title, said area or dimension shall not be further reduced. This provision shall not apply to nonbuildable properties including, but not limited to, landscape lots, lots for private roads, drainage facilities, pump stations, metering stations and transmission/distribution substations.

B. Setbacks :

1. Approved signs shall be exempt from the setback requirements of chapter 2 of this title.

2. Setbacks for corner lots shall be determined as follows:

a. The front yard setback shall be required along the property line where the driveway enters the property. The side yard setback shall be provided along the side street property line as applicable to the roadway classification.

b. The rear yard setback shall be provided either along the interior side property line or rear property line. The side yard setback shall be provided along the remaining property line (rear or interior side) as applicable.

C. Required Yards: The front, side, and/or rear required yards shall not be occupied by any use or structure except for: fencing (see chapter 5 of this title for specific fence standards); landscaping; off street parking; drives; streets; signs; lighting; detached accessory structures two hundred (200) square feet or less in size and under ten feet (10') in height may be located in side and/or rear required yards only; patios; walkways; retaining walls; and/or certain architectural features as detailed below (see figure 12, section 8-1A-2 of this title):

1. Where the required setback is greater than ten feet (10'):

a. Cornices, canopies, eaves, or other architectural features may project a distance not exceeding 2.5 feet into the required yard.

b. Fire escapes may project a distance not exceeding 4.5 feet into the required yard.

c. Bay windows, balconies, and chimneys may project a distance not exceeding three feet (3') into the required yard, provided that such features do not occupy, in the aggregate more than one- third (1/3) of the building wall on which they are located.

2. Where the required setback is ten feet (10') or less:

a. Cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet (2') into the required yard.

b. Fire escapes may project a distance not exceeding two feet (2') into the required yard.

c. Bay windows, balconies, and chimneys may project a distance not exceeding two feet (2') into the required yard, provided that such features do not occupy, in the aggregate more than one-third (1/3) of the building wall on which they are located.

D. Height Limit Exceptions: See subsection 8-1-5B1 of this title, regarding how structure height is measured.

1. Height Limit Applicability: The maximum height limitation set forth in the applicable base district shall not apply to the following:

a. Agricultural Structure: Agricultural structure;

b. Chimney Or Smokestack: Chimney or smokestack architectural features shall have a maximum height limit of sixty feet (60'). A maximum height that exceeds sixty feet (60') may be allowed by variance approval or if specifically authorized as a component of a conditional use permit, subject to compliance with the standards identified in subsection D2 of this section;

c. Spire, Steeple, Belfry, Or Cupola: The maximum height limit for spire, steeple, belfry, or cupola architectural features shall be sixty feet (60'). The maximum height limit may be increased to eighty feet (80') if the architectural feature is found by a county design professional to comply with the standards identified in subsection D2 of this section in conjunction with a review of a master site plan or building permit for the building to which the feature will be attached. A maximum height that exceeds eighty feet (80') may be allowed by variance approval or if specifically authorized as a component of a conditional use permit, subject to compliance with the standards identified in subsection D2 of this section;

d. Institutional Uses: Institutional uses (including church, hospital, public or quasi-public use, and school, public or private) that require conditional use approval may exceed the maximum height limitation prescribed by the applicable zoning base district if specifically authorized as a component of a conditional use permit; and

e. Towers, Commercial And Private: The following types of tower structures may exceed the maximum height limitation of the applicable base district subject to applicable specific use standards: amateur radio antenna, distributed power facility-wind freestanding tower, water tower, fire and hose tower, observation tower, power line tower, radio tower, paging facility, cellular phone facility, cellular tower, television tower, bridge tower, or other commercial or personal tower and/or antenna structure.

2. Architectural Feature Standards:

a. An architectural feature(s) listed in subsection D1b or D1c of this section which exceeds sixty feet (60') in height shall comply with the following standards:

(1) The mass of the architectural feature is in visual proportion and scale with the building to which it is attached;

(2) The exterior materials and colors of the architectural feature are appropriate to its mass, and are visually complementary with the building to which it is attached;

(3) The architectural feature does not significantly impede views from adjacent properties;

(4) The architectural feature does not include signage; and

(5) Lighting of the architectural feature is limited to indirect lighting. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 658, 3-14-2007; amd. Ord. 713, 11-12-2008; amd. Ord. 772, 7-27-2011; amd. Ord. 806, 5-8-2013)

8-4A-11: DRAINAGE:

All drainage studies and drainage plans as herein required shall be based upon estimates of peak and total discharges.

A. Drainage Study:

1. The drainage study shall identify the essential elements, alignments, and functions of a drainage system.

2. The drainage study shall show the following site conditions:

a. Details of existing site drainage and/or irrigation features including, but not limited to, ditches, watercourses, and drainage structures;

b. The permeability and types of soils and geologic materials;

c. The size of the drainage basin upstream;

d. The topography, slope, and geometry of the site;

e. The proximity of surface water within one hundred feet (100');

f. The proximity of potable water supply wells within one hundred feet (100');

g. The proposed use and potential contaminants; and

h. The past use and possible soil and/or ground water contamination.

3. Other supplemental data as may be required by the county engineer.

4. The drainage study requirement is also met if the study information required is shown on the drainage plan.

B. Drainage Plan:

1. When a condition of approval requires approval of a drainage plan by the county engineer, the applicant shall submit a drainage plan to the director for design approval by the county prior to issuance of a zoning certificate.

2. The drainage plan shall be drawn to scale and shall include, but not be limited to, the following:

a. All proposed grading to be done on the property;

b. Essential elements, alignments, and functions of the proposed drainage system including, but not limited to, sewers, storm drains, catch basins, pumps, and seepage beds;

c. The drainage plan shall indicate by flow arrows, contours, spot elevations, or some other acceptable manner, where storm water will be routed for the property. It must show the location and size of any flows onto the site from outside the property boundaries as well as any discharges leaving the site;

d. The proposed use and potential contaminants;

e. When drainage courses and irrigation facilities exist on site, the owner and/or applicant shall provide documentary evidence of consent to reroutings by all interested landowners and drainage and irrigation entities affected and having rights to, and in, such facilities; and

f. Other supplemental data as may be required by the county engineer. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 902, 10-2- 2019)

8-4A-12: DWELLINGS, TWO OR MORE EXISTING:

Any property that has two (2) or more existing dwellings that were built prior to May 20, 1968, or were principal permitted dwellings approved in accord with the zoning regulations that were in effect at the time such dwellings were built, shall be deemed a nonconforming use. Each dwelling shall be subject to the standards in section 8-1B-4 of this title. (Ord. 389, 6-14-2000)

8-4A-13: HAZARDOUS MATERIAL STORAGE:

The storage of any hazardous materials, as defined by title 40 code of federal regulations part 261, or subsequent amendments thereto, shall require a list of those materials to be submitted to the Ada County sheriff's office, the Ada County emergency medical services, the Ada County development services department, the applicable fire district, and the Ada city-county emergency management office, prior to issuance of a zoning certificate. (Ord. 389, 6-14-2000)

8-4A-14: RESERVED:

(Ord. 490, 4-9-2003)

8-4A-15: OUTDOOR PUBLIC ADDRESS SYSTEM:

Outdoor public address systems or speakers for nonresidential uses shall only be allowed within the C2, C3, M2, and M3 districts, or as part of an approved master site plan, accessory use, or conditional use. The outdoor public address system shall comply with the noise regulations of section 5-13-3 of this code. (Ord. 389, 6-14-2000)

8-4A-16: OUTDOOR STORAGE OF CHEMICALS AND FERTILIZERS:

The outdoor storage of chemicals and/or fertilizers including, but not limited to, salts or other minerals, shall be prohibited. See also section 8-4F-5 of this chapter for screening standards for outdoor storage areas. (Ord. 389, 6-14-2000)

8-4A-17: PROPERTY CREATED BY COURT DECREE:

Any property created by court decree shall be recognized as a property for transfer of ownership; but shall not be eligible for development including any building permits for renovation or repair of an existing structure. To become eligible for development, the property shall comply with all applicable regulations of this title, including, but not limited to, chapter 2, article A of this title, article B of this chapter, and chapter 6 of this title. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003)

8-4A-18: PIPELINE CORRIDORS:

For any property for which there is a pipeline corridor easement (including, but not limited to, the Northwest Pipeline and Chevron Pipe Line), the owner and/or applicant shall provide appropriate setbacks from the pipeline facility as determined by the easement holder. (Ord. 389, 6-14-2000)

8-4A-19: PROPERTY REDUCED BY GOVERNMENTAL ACTION:

If a governmental action (such as acquisition through prescription, purchase, or other means by Ada County, a municipality within Ada County, the Ada County highway district, Idaho transportation department, utility company or corporation under the jurisdiction of the Idaho public utilities commission, or other local, state, or federal agency) reduces an existing property below the required property size, the remaining property shall be deemed as a conforming property for the purposes of development. See also section 8-1B-3 of this title. (Ord. 389, 6-14-2000; amd. Ord. 591, 7-27-2005; amd. Ord. 768, 1-12-2011)

8-4A-20: TRANSMISSION LINE CORRIDORS:

All wire fences, metal structures, and metal objects within one hundred feet (100') of transmission lines shall be grounded. (Ord. 389, 6-14-2000)

8-4A-21: UTILITIES:

All utilities shall be installed underground for a new dwelling or approved use. For the purposes of this section, the term "utilities" shall include, but not be limited to, electric, natural gas, water, wastewater collection, storm drainage, telephone, and cable services. Agricultural structures as herein defined shall be exempt from this regulation. The Director may waive this requirement when utility provides or installers determine that site conditions would preclude or would render such installation impractical or cost prohibitive, taking into consideration such factors as terrain, available easements, maintenance, repair, replacements, and the like. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)

8-4A-22: URBAN PUBLIC FACILITIES:

Options for sewage disposal facilities shall include the following methods:

A. New development located within an urban service planning area or within a planned community shall be served by urban public facilities.

B. Other new development shall be served by an on site individual wastewater treatment system and an on site well, both of which have been approved by the Central district health department.

C. If an existing wastewater treatment system fails, as determined by the Central district health department, the property owner(s) shall connect to a city's or sewer district's wastewater collection and treatment system, if a collection line is located within three hundred feet (300'). If a collection line is not located within three hundred feet (300'), then the existing wastewater treatment system may be replaced with a system approved by the Central district health department.

D. If an existing community well fails, the property owner(s) shall connect to a city's, water district's, or utility's water system if a distribution line is located within three hundred feet (300'). If a distribution line is not located within three hundred feet (300'), then the community well may be replaced with a water system approved by the Central district health department and Idaho department of environmental quality. (Ord. 389, 6-14-2000; amd. Ord. 660, 5-9-2007; amd. Ord. 699, 6-18-2008)

8-4A-23: WATER:

(Ord. 389, 6-14-2000; rep. by Ord. 699, 6-18-2008)

8-4A-24: GRADING:

No grading, filling, clearing, or excavation of any kind, excluding grading associated with an agricultural use, shall be initiated without county engineer approval of a drainage study or drainage plan (see section 8-4A-11 of this article), and as applicable, an approved hillside application (see section 8-3H-1 of this title). (Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 766, 12-8-2010)

8-4A-25: RENOVATION, REPAIR, EXPANSION OR REPLACEMENT OF DWELLING:

A zoning certificate for the renovation, repair, expansion or replacement of a dwelling (including any existing or proposed accessory structures) may be issued to a property that meets the following criteria:

A. An easement, recorded prior to January 1, 1993, that is at least twenty feet (20') wide, provides access to the property; and

B. The property was of record in the Ada County recorder's office prior to January 1, 1993; and

C. The property contains a dwelling that conforms to all applicable codes and/or ordinances; and

D. The property complies with the minimum property size of the base and overlay districts; and

E. The property is located in an area of city impact. (Ord. 491, 2-26-2003)

8-4A-26: STRUCTURE GREATER THAN TEN THOUSAND SQUARE FEET:

For structures where the footprint is greater than ten thousand (10,000) square feet, the structure shall be designed such that the building mass and bulk are distributed. The following standards shall not apply to dwellings or agricultural structures as herein defined:

A. Mechanisms for such distribution shall include, but not be limited to, one or more of the following:

1. Variation in the horizontal offsets of the structure facade. Facades greater than one hundred feet (100') in length must incorporate recesses and projections along a minimum of twenty percent (20%) of the length of the facade. Windows, awnings, and arcades must total a minimum of sixty percent (60%) of the facade length abutting a public street.

2. Variation in the height of a minimum of five feet (5').

3. Changes in the grade of a minimum of three feet (3').

4. Variation in rooflines.

B. The maximum footprint area for the distributed portions of the structure shall be ten thousand (10,000) square feet. The minimum footprint area for the distributed portions of the structure shall be one thousand (1,000) square feet.

C. The director may approve, or recommend approval of, an alternative development proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this chapter and shall not be detrimental to public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 660, 5-9-2007; amd. Ord. 733, 12-9-2009)

8-4B-1: PURPOSE:

The regulations of this article allow for the one time division of a parcel into two (2) parcels without being subject to the subdivision regulations as set forth in chapter 6 of this title. (Ord. 389, 6-14-2000)

8-4B-2: APPLICABILITY:

These regulations apply to: a) lots created prior to September 29, 1959, or b) parcels of land that were of record in the Ada County recorder's office prior to January 1, 1985 (hereinafter referred to as the parcel of record), the boundaries of which shall not have changed except for one or more of the following:

A. The parcel of record was reduced by governmental action as specified in section 8-4A-19 of this chapter; and/or

B. The parcel of record was reduced by the conveyance of property to a public utility for the purpose of constructing a public infrastructure facility; and/or

C. The parcel of record received approval for a property boundary adjustment as specified in article C of this chapter, and where the parcel of record met both the following standards:

1. The parcel of record had sufficient acreage to accomplish the one time division prior to completion of the property boundary adjustment; and

2. The property boundary adjustment did not diminish the size of the parcel of record such that it no longer has sufficient acreage to accomplish the one time division. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4B-3: PROCESS:

A. Application: The applicant shall submit an application and fees on forms provided by the development services department as set forth in chapter 7, article A of this title.

B. Tentative Approval; Requirements: Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of subsection 8-7-2 A of this title, the applicant or owner shall have one year to complete the following tasks:

1. Cause the property to be surveyed and before recording submit to the director draft copies of the record of survey and resultant parcel descriptions for review;

2. Execute and record the record of survey and necessary deeds with the Ada County Recorder to accomplish the one time division as approved;

3. Obtain new tax parcel numbers from the Ada County assessor; and

4. Provide copies of the recorded record of survey and the new tax parcel numbers to the director.

C. Issuance Of Approval Letter: The director shall determine that all conditions of approval have been met and that the one time division is in conformance with this section before final approval letter is issued. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 902, 10-2-2019)Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003)

8-4B-4: STANDARDS:

A. The proposed division shall result in two (2) parcels that comply with the design and dimensional standards of this title, except when the parcel of record has been diminished by governmental action , the director may approve a reduced property size on one of the resulting parcels, subject to other regulations of this title.

B. The proposed division is not a "subdivision" as defined in this title. (Ord. 389, 6-14-2000)

8-4B-5: REQUIRED FINDING:

In order to approve the application, the decision making body shall find that the proposed one time division complies with the standards in section 8-4B-4 of this article. (Ord. 389, 6-14-2000)

8-4C-1: PURPOSE:

The regulations of this article allow for the adjustment of parcel lines or platted lot lines between existing legal or nonconforming properties. A property boundary adjustment does not vacate the platted lot lines of a recorded subdivision. (Ord. 389, 6-14-2000)

8-4C-2: APPLICABILITY:

A. These regulations apply to existing lots and parcels in Ada County. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4C-3: PROCESS:

A. Application: The applicant shall submit an application and fees on forms provided by the development services department as set forth in chapter 7, article A of this title.

B. Tentative Approval; Requirements: Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of subsection 8-7-2A of this title, the applicant or owner shall have one year to complete the following tasks:

1. Cause the property to be surveyed and before recording submit to the director draft copies of the record of survey and resultant parcel descriptions for review;

2. Execute and record the record of survey and necessary deeds with the Ada County Recorder to accomplish the property boundary adjustments as approved;

3. Obtain new tax parcel numbers from the Ada County assessor; and

4. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director.

C. Issuance Of Approval Letter: The director shall determine that all conditions of approval have been met and that the property boundary adjustment is in conformance with this section before final approval letter is issued. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 902, 10-2-2019)

8-4C-4: STANDARDS:

A. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this title including regulations for individual wastewater treatment systems and wells as set forth in section 8-4A-22 of this chapter.

B. If one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity.

C. A property boundary adjustment shall not increase the original number of properties.

D. A property boundary adjustment shall not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner.

E. The property boundary adjustment shall not constitute a relocation of a property.

F. For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003)

8-4C-5: REQUIRED FINDING:

In order to approve the application, the decision making body shall find that the proposed property boundary adjustment complies with the standards in section 8-4C-4 of this article. (Ord. 389, 6-14-2000)

8-4D-1: PURPOSE:

The regulations of this article allow property owners to construct and maintain private roads to provide access to properties that do not have frontage on a public street. (Ord. 389, 6-14-2000)

8-4D-2: APPLICABILITY:

These standards apply to all new private roads, all extensions to private roads, and in some instances to existing private roads. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 628, 7-12-2006)

8-4D-3: PROCESS:

A. When Application Is Required:

1. The construction of all new private roads.

2. Extensions to existing private roads.

3. The addition of properties to an existing private road, which requires for the road to be widened and paved as required in subsection 8-4D-4 B2 of this article.

4. An application for a private road shall not be required when an existing private road has had prior written approval and provides adequate access for the additional lots property being proposed,. Documents demonstrating approval and adequate access must be submitted as part of the property development application. Submitted documents shall include: a copy of the recorded perpetual access easement that demonstrates the easement is appurtenant to the additional properties; the recorded maintenance agreement that demonstrates it is applicable to the additional properties; and the original approval from Ada County or the city which approved the existing private road.

5. The applicant shall submit an application and fees on forms provided by the development services department.

1. Obtain approval from the Ada County street naming committee for a private road name (see title 2, chapter 1 of this code);

2. Contact the Ada County highway district (ACHD) to install an approved street name sign that complies with the regulations of the Ada County uniform street naming ordinance (see title 2, chapter 1 of this code);

3. Record a perpetual access easement with the Ada County recorder for the private road from a public street to all applicable properties;

4. After the private road is constructed and the street name sign is installed, schedule an inspection by the Ada County engineer; and

5. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private road including regulations for the funding thereof.

C. Completion; Approval: Upon completion of the items noted above, the director shall issue a letter stating that the private road has been approved. No building permit shall be issued for any structure using a private road for access to a public street until the private road has been approved. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 628, 7-12-2006; amd. Ord. 902, 10-2-2019)

8-4D-4: STANDARDS:

All private roads (including extensions of previously approved private roads) shall be constructed to the following standards (see also section 8-1A-2, figure 13 of this title):

A. Design Standards:

1. The private road shall be constructed on a perpetual access easement or a single platted lot that originates from a public street and provides access to all applicable properties.

a. Outside an area of city impact, the easement or lot shall be a minimum of thirty feet (30') in width. Inside an area of city impact, the easement or lot shall be a minimum of fifty feet (50') in width.

b. If located on a lot, the primary function of the lot shall be to accommodate the private road. Minimum parcel size requirements shall not apply.

2. All properties abutting an approved private road shall have the same minimum required street frontage as required by the applicable base district, except: If the turnaround for the private road is located within a property as illustrated in section 8-1A-2, figure 14 of this title, the required frontage shall be thirty feet (30') (the width of the private road easement).

3. The point of connection of the private road and the public street shall be approved by the Ada County highway district or the Idaho Transportation Department if abutting a state highway.

4. The private road shall terminate at a forty five foot (45') radius cul-de-sac or other approved turnaround configuration.

a. The turnaround may be located in an area of the property other than where the private road enters the property (see section 8-1A-2 , figure 14 of this title).

b. If the applicant proposes an alternate location and/or configuration for the turnaround, the following additional standards shall apply:

(1) The applicant shall provide written approval from the appropriate fire district.

(2) The county engineer shall review and approve the alternate location and/or configuration.

5. The private road shall only intersect a public road at its origination point.

6. The private road shall not intersect another private road.

7. New gates or other travelway obstacles shall not be allowed except in exceptional circumstances when the director determines the gate or gates are necessary to improve safety or to halt environmental degradation in the area. Before approving a new gate or other obstacle, the director shall provide the fire district, or if no fire district, the Ada County sheriff, with advice from the Idaho state fire marshal's office, the opportunity to review the proposal and offer recommendations.

a. Approved gate openings shall be a minimum of twenty feet (20') wide, be located a minimum of thirty feet (30') from the public right of way, and when the gate is open, the travelway, for its entire width shall be clear and unobstructed.

b. Gates located on one-way roads shall open in the same direction that traffic moves. Gates located on two-way roads must open in both the directions that traffic moves. Gates that open upward shall not be allowed.

c. Gates shall have a fail-open lock in the event of a loss of power.

8. No segment of the travelway of a private road shall exceed ten percent (10%) grade. Fire apparatus roadways in locations that front buildings, at intersections with other roads, and in front of fire hydrants, shall not exceed eight percent (8%) grade.

9. If the private road is located within the wildland-urban fire interface overlay district, the additional design standards listed in section 8-3B-3 of this title shall apply.

10. Upon the county engineer's review of the proposed private road design, the applicant may be required to submit a drainage study before constructing the private road.

B. Construction Standards :

1. Private roads that will serve development located within an area of impact and exceeds a density of three (3) dwelling units per acre shall be constructed to the Ada County highway district standards for urban local roads.

2. All other private roads not defined in subsection B1 of this section shall be constructed to the following standards:

a. Private roads that will provide frontage or access to four (4) or fewer properties shall have a travelway with a minimum improved width of twenty feet (20'). Private roads that will provide frontage or access to more than four (4) properties shall have a travelway with a minimum improved width of twenty four feet (24').

b. The travelway shall have a stable, compacted base.

c. There shall be a crown or transverse slope of two percent (2%) to drain water away from the travelway.

d. The improved surface shall consist of six inches (6") of compacted three-fourths inch (3/4") minus crushed gravel or other materials approved by the county engineer. Private roads that provide frontage and/or access to more than four (4) properties shall be paved with 2.5 inches of asphaltic concrete.

e. Any segment of a travelway of a private road greater than five percent (5%) grade shall be improved with asphalt or concrete paving.

f. For the purposes of this section, corner properties that abut a private road shall be counted as taking access off the private road. Temporary dedicated open space lots that were created as part of a nonfarm subdivision shall also be counted as taking access off the private road.

C. Alternative Design Allowed For Private Road: Upon recommendation of the county engineer, the director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 628, 7-12-2006; amd. Ord. 699, 6-18-2008; amd. Ord. 848, 12-9-2015; amd. Ord. 902, 10-2-2019)

8-4D-5: REQUIRED FINDINGS:

In order to approve the application, the director shall find the following:

A. The design of the private road meets the requirements of this article;

B. Granting approval of the private road would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and

C. The use and location of the private road shall not conflict with the applicable comprehensive plan and/or the regional transportation plan. (Ord. 389, 6-14-2000)

8-4E-1: PURPOSE:

The purpose of this article is to:

A. Promote efficient, high quality site designs;

B. Preserve natural and scenic resources through design that is sensitive to the environment; and

C. Ensure development is consistent with the goals of the applicable comprehensive plan related to community design. (Ord. 389, 6-14-2000)

8-4E-2: APPLICABILITY:

A. Unless specifically exempt under subsection B of this section, a master site plan shall be required for the following prior to the issuance of a zoning certificate or building permit:

1. New construction, addition, or moving of a structure.

2. Change of use of a property or structure.

3. Change of occupancy of a structure as defined by the Ada County building code as set forth in title 7, chapter 2 of this code.

4. Minor modifications to previously approved master site plans unless specifically exempt under subsection 8-4E-3F of this article. (For the purposes of this title, traffic and development plans, planned development commercial site plans, planned development industrial site plans, and conditional use site plans that were approved prior to the effective date hereof shall be considered master site plans.)

B. The following uses shall be exempt from the regulations of this article:

Accessory structure.

Agricultural use.

Bed and breakfast establishment.

Boarding house.

Dangerous or protected animals.

Distributed power facility.

Duplex or single-family attached dwelling.

Dwelling, additional farm.

Dwelling, secondary attached or detached.

Dwelling, single-family detached.

Electric distribution line.

Family daycare home.

Foster home, group.

Grain elevator.

Group daycare facility.

Home occupation.

Livestock confinement facility, less than or equal to three hundred (300) animal units.

Manufactured home.

Nursery, wholesale.

Remediation.

Remediation, in situ.

Sign, nonaccessory, off premises.

Stable or riding arena, commercial.

Tower or antenna structure, commercial or private.

C. When located in a rural base district, the following uses shall be exempt from subsections 8-4E-4A, B, and D of this article:

Agricultural service establishment.

Composting facility, commercial.

Livestock confinement facility, three hundred one (301) or more animal units.

Meatpacking facility.

Processing plants for agricultural and dairy products.

Slaughterhouse. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 582, 5-25-2005; amd. Ord. 675, 11-14-2007; amd. Ord. 692, 4-23-2008; amd. Ord. 715, 12-3-2008; amd. Ord. 772, 7-27-2011)

8-4E-3: PROCESS:

A. Application And Fees: The applicant shall submit an application and fees on forms provided by the development services department as set forth in chapter 7, article A of this title.

B. Natural Features Analysis: The applicant shall submit a natural features analysis subject to the regulations of subsection 8-4E-4 D of this article. A natural features analysis is not required if the entire subject property already had one completed from a previous approved master site plan.

C. Parking Plan: The applicant shall submit a parking plan subject to the regulations of article G of this chapter.

D. Information Required: The applicant may submit the following information at the time of application. If not submitted at the time of application, they shall be required to be submitted as a condition of approval. Any approval of a master site plan prior to the submission and approval of the following items shall be considered a tentative approval:

1. The applicant shall concurrently submit a landscape and screening plan subject to the regulations of article F of this chapter.

2. If any outdoor lighting is proposed or anticipated, the applicant shall concurrently submit a lighting plan subject to the regulations of article H of this chapter.

3. If any signs are proposed or anticipated, the applicant shall concurrently submit a sign plan subject to the regulations of article I of this chapter.

E. Tentative Approval: The applicant has two (2) years to obtain all necessary permits and obtain a zoning certificate. The Director shall determine that all conditions of approval have been met and that the master site plan is in conformance with this section before a zoning certificate is issued.

F. Minor Modifications: The director may approve specified minor modifications to an approved master site plan, provided such minor modifications were not subject to review or appealed during the original approval or at the public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following:

1. Minor relocation of building pads for practical reasons such as road alignment, topography or access, provided that the minimum setback requirements are met.

2. Increase in building square footage, not exceeding twenty percent (20%) provided that the minimum dimensional standard, off street parking and loading, landscaping and screening, sign and/or lighting requirements of this title are met.

3. Minor modifications to an approved off street parking plan, landscape and screening plan, sign plan, and/or outdoor lighting plan that was part of an approved master site plan, provided that the off street parking and loading, landscaping and screening, sign and/or lighting requirements of this title are met.

G. Issuance Of Approval Letter: Upon determination by the director that the minor modification is in compliance with the standards in subsection F of this section, the director shall issue a letter stating that the minor modification has received final approval.

H. Other Modifications: All other modifications to an approved master site plan shall be considered in accordance with section 8-4E-2 of this article. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 715, 12-3-2008; amd. Ord. 902, 10-2-2019)

8-4E-4: STANDARDS:

The master site plan shall meet the applicable design and dimensional standards of chapters 2, 3, and 5 of this title. The site development (as depicted by the master site plan) shall also meet the following standards, as applicable:

A. Location Of Structures On The Site:

1. Within a commercial base district, the proposed placement of structures, location of parking areas and pedestrian walkways, method of screening, and public entrances shall facilitate pedestrian access to abutting residential properties.

2. Multi-family structures shall have varied setbacks within the same structure and staggered and/or reversed unit plans to provide a more varied outward appearance of the structures.

3. Structures within a multi-family development shall be rotated, staggered, and/or reversed to vary the outward appearance of the structures.

B. Nonvehicular Access And Internal Circulation:

1. Within a commercial base district, structures shall have at least one pedestrian access on each side of the structure that faces a street.

2. For proposed uses that require ten (10) or more parking spaces (as set forth in section 8-4G-6 of this chapter), site development shall provide safe and well defined pedestrian walkways from structures to each parking space, from structures to the abutting streets, and among structures on the same site.

a. Where a walkway is within ten feet (10') of a street, it shall be separated from the street shoulder by either curbs, intervening vegetation, and/or swales.

b. Where a walkway is within a parking area and abuts driving aisles or parking spaces, the walkway shall be separated by either curbs, intervening vegetation, and/or wheel restraints. Where a walkway crosses a driving aisle, the crossing shall have a different paving texture and/or material or shall be striped to indicate a pedestrian crossing.

3. In planned unit developments and multi-family developments, the site development shall provide a safe nonvehicular circulation system including, but not limited to:

a. Pedestrian and bicycle walkways that link abutting parks, schools, neighborhoods, and commercial areas to the greatest possible extent; and

b. Trails and bicycle routes that link to abutting trail networks as designated by the APA ridge to rivers pathways plan or the applicable comprehensive plan.

C. Automobile Access And Internal Circulation:

1. The site development shall provide for safe access to and egress from roadways.

2. Off street parking and loading areas shall be designed to preclude vehicles from backing out into a roadway.

3. Where delivery vehicles are anticipated, the site development shall delineate a clear route for them, with appropriate geometric design to allow the vehicles to turn safely.

4. The site development shall provide adequate internal circulation consistent with article G, "Off Street Parking And Loading Facilities", of this chapter.

5. The site development shall provide an adequate design and number of parking spaces consistent with article G, "Off Street Parking And Loading Facilities", of this chapter.

D. Natural Features Analysis: The following features shall be mapped, described, or noted as not applicable in the natural features analysis:

1. Hydrology: Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas or other areas subject to flooding, poorly drained areas, permanent high ground water areas, and seasonal high ground water areas throughout the site.

2. Soils: Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils most susceptible to erosion, and soils suitable for development. The analysis of soils shall be based on the Ada County soils survey (United States department of agriculture, natural resources conservation service).

3. Topography: Analysis of the site's terrain including mapping of elevations and delineation of slope areas greater than twenty five percent (25%), between fifteen percent (15%) and twenty five percent (25%), between eight percent (8%) and fifteen percent (15%), and less than eight percent (8%). Contour lines based on USGS datum of 1988 with intervals of not more than five feet (5') for properties with a general slope of greater than five percent (5%), or intervals of not more than two feet (2') for properties with a general slope of less than or equal to five percent (5%). Contour lines shall extend a minimum of three hundred feet (300') beyond the proposed development boundary. If a drainage channel borders the proposed development, the contour lines shall extend the additional distance necessary to include the entire drainage facility.

4. Vegetation: Analysis of existing vegetation of the site including, but not limited to, dominant tree, plant, and ground cover species.

5. Sensitive Plant And Wildlife Species: Analysis of sensitive plant and wildlife species of the site including, but not limited to, those species listed in the Idaho conservation data center (state of Idaho department of fish and game).

6. Historic Resources: Analysis of existing historic resources as identified on the Ada County historic resources inventory.

7. Hazardous Areas: Location and identification of all potential hazardous areas including, but not limited to, land that is unsuitable for development because of flood threat, poorly drained areas, high ground water, steep slopes, rock formation, buried pipelines, or other similar conditions likely to be encountered.

8. Impact On Natural Features: The applicant shall provide a written statement explaining how the design of the plan protects or mitigates impacts on the natural features of the site.

E. Screening: The site development shall provide landscaping and screening consistent with article F of this chapter, landscaping, unless otherwise exempt under section 8-4F-2 of this chapter.

F. Drainage: An increase in impervious surface area of one thousand (1,000) square feet or ten percent (10%) of the property area, whichever is less, shall require a drainage study. Site development shall incorporate natural watercourses and above grade drainageways into the site design to minimize the need for culverts, pipe systems, and concrete channels.

G. Water Supply And Sewage Disposal:

1. Adequate provision shall be made for water supply and sewage disposal in accord with the regulations of section 8-4A-22 of this chapter.

2. The master site plan shall show all well locations and subsurface disposal areas for wastewater treatment systems.

3. The master site plan shall address required firefighting resources. Such resources shall include, but are not limited to, proper access for firetrucks, water for fire flow, and/or defensible space.

H. Filling, Excavation, And Earthmoving: Filling, excavation, and earthmoving activity shall be carried out in a way that keeps erosion and sedimentation to a minimum.

1. Building design, parking lots, and other site development elements shall fit, respect, and be oriented to existing topography and natural surroundings to the fullest extent possible in order to keep filling, excavation, and earthmoving activity to a minimum.

2. The area disturbed by stripping of vegetation, soil removal, and regrading shall be kept to a minimum.

3. The master site plan shall propose permanent soil erosion measures for all slopes and disturbed areas. Such stabilization measures shall be completed within fifteen (15) calendar days after final grading has been completed.

4. Until a disturbed area is stabilized, sediment and runoff shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods.

I. Historic Features: The proposed site development shall conserve identified historic resources to the greatest extent possible.

J. Sensitive Plant And Animal Species: The site development shall minimize adverse impacts to sensitive plant and animal species through site design or approved mitigation programs. See subsection D5 of this section.

K. Irrigation: All development proposals shall provide documentation preserving gravity flow irrigation systems on site and downstream.

1. The proposed development shall not modify irrigation canals, ditches, laterals, and associated rights of way without written approval of the irrigation or drainage authority and landowners affected.

2. When property is converted from an agricultural to a nonagricultural use, the applicant or owner shall provide a pressurized irrigation system or similarly efficient delivery system.

L. Utilities: Electrical, telephone, and other public utilities serving the site shall be placed in a manner that is not hazardous or unsightly .

1. All utilities shall be placed underground in a utility corridor or easement. The director may waive this requirement if unique topographic or geological features of the site make it impractical.

2. Transformer boxes, meters, pumping stations, and other components of the utility system located aboveground shall be sited and buffered in accord with the screening standards of section 8-4F-5 of this chapter.

M. Maintenance:

1. The applicant or owner shall have a continuous obligation to provide for security, trash collection, and any other nuisance that may be created on the site, and to maintain the site in a neat and orderly manner.

2. Any proposed drainage system shall be maintained by the property owner, homeowners' association, or irrigation or drainage entity, as applicable.

N. Supplemental Information, Modifications: The director, county engineer, and/or decision making body may require supplemental information or modifications where, in its opinion, site planning has not sufficiently addressed the existing natural features.

O. Alternative Site Development: The director may approve, or recommend approval of, an alternative site development when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 715, 12-3-2008; amd. Ord. 763, 10-13-2010; amd. Ord. 902, 10-2-2019)

8-4E-5: REQUIRED FINDINGS:

In order to approve the application, the director shall find the following:

A. The master site plan complies with this title and the applicable comprehensive plan;

B. The applicant has submitted a natural features analysis (subsection 8-4E-4D of this article) identifying constraints presented by such natural features, and the proposed development sufficiently addresses such features;

C. The proposed landscaping meets the requirements of article F of this chapter;

D. The proposed parking and loading spaces meet the requirements of article G of this chapter;

E. The proposed lighting plan meets the requirements of article H of this chapter;

F. The proposed master site plan complies with the applicable base district standards, overlay district standards, and specific use standards of this title;

G. The proposed master site plan is consistent with the APA ridge to rivers pathways plan; and

H. Adequate utilities and public services are available or provided for the proposed development, and the development would not be premature by reason of lack of utilities, transportation, schools, fire protection, or other essential services. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 812, 8-14-2013)

8-4F-1: PURPOSE:

The purpose of this article is to:

A. Ensure development consistent with the goals of the applicable comprehensive plan related to community design;

B. Enhance the aesthetic appearance of streets, parking areas, and development sites and visually screen and buffer incompatible land uses;

C. Preserve existing healthy trees and rare plants;

D. Encourage the use of native species and drought tolerant landscape materials with the intent to maintain wildlife habitat areas and conserve water;

E. Break up large areas of pavement, and provide shade in parking areas and around structures with the intent to promote energy conservation;

F. Provide pervious surface areas to minimize storm water runoff and promote ground water recharge; and

G. Separate pedestrians from automobile fumes, noise, and dust, and reduce glare from vehicle headlights. (Ord. 389, 6-14-2000)

8-4F-2: APPLICABILITY:

A. The standards in this article shall apply to all projects requiring master site plan review unless otherwise exempt under subsection B of this section.

B. All principally permitted and accessory uses in the rural base districts as listed in table 8-2A-1 of this title shall be exempt from the regulations of this article. Requirements of this article may be waived or modified by the commission for conditional uses in the rural base district as listed in table 8-2A-1 of this title. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4F-3: PROCESS:

A. A landscape and screening plan shall be required as a component of a master site plan.

1. Within an area of city impact, the landscape and screening plan shall be prepared by a licensed landscape design professional.

2. The landscape and screening plan shall contain the following items:

a. The location, size, and type of all proposed landscaping and screening materials (including specific references as to the species of plant materials), and verification that minimum landscaping and screening requirements have been satisfied. All plants shall be shown at seventy five percent (75%) mature growth.

b. Existing vegetation to be saved shall be identified on the landscaping and screening plan along with protection measures to be used during grading and construction.

c. If the proposed development project shall be completed in phases, the phases shall be noted on the landscape and screening plan.

B. Landscaping and screening shall be installed to the satisfaction of the director, in accord with the approved landscaping and screening plan, by the beginning of the next planting season for that species after issuance of a certificate of occupancy for the project. The director may extend the time limit for compliance up to one additional planting season after issuance of a certificate of occupancy when circumstances beyond the control of the applicant or owner warrant an extension.

C. Noncompliance with the standards of this section shall constitute a violation of this title. (Ord. 389, 6-14-2000)

8-4F-4: GENERAL LANDSCAPING STANDARDS:

A. For the purposes of this article, landscaping elements are all exterior enhancements of a project including, but not be limited to: deciduous trees (shade and ornamental), evergreen trees, sidewalks, paths, site furniture, trellis, fences, walls, sound walls, shrubs, flowering plants, vines, pots, vases, window boxes, raised planters, and grade work such as berms, grassy swales, and water retention features.

B. Existing trees, native vegetation, and rare plants shall be retained wherever possible.

1. Existing native vegetation may be accepted in lieu of new plantings, provided they contribute to achieving the intent of this article.

2. To control erosion and soil loss, the existing vegetation shall only be removed from the current phase of the project.

C. Landscaped areas shall incorporate a hierarchy of plantings from ground covers to shrubs to trees. Shrub areas shall incorporate a vegetative ground cover wherever possible. If the site configuration or plant type prohibits the use of a ground cover in conjunction with the shrubs, bark or other mulch shall be provided.

D. The landscape plan shall include plant materials that provide seasonal color during the spring, summer, and fall.

E. Within an area of city impact, expanses of walls or solid fences that are greater than one hundred feet (100') along a roadway shall be interrupted with offsets and provided with accents to prevent monotony.

1. For the purposes of this standard, accents shall include, but not be limited to, other landscape elements as listed in subsection A of this section.

2. Offsets shall be designed with pedestrian safety in mind, such as small alcoves with angled sides that provide full visibility.

F. All landscaping shall be designed to consider the microclimate of the site and surrounding properties by addressing sun, shade, and wind for increased energy efficiency.

1. Deciduous trees shall be the preferred method of providing shade in parking lots and around structures.

2. Evergreen trees shall be limited to windbreaks, screening, and accent purposes.

3. If unenclosed air conditioning systems are located on the west or south side of a structure, trees shall be planted so that, at maturity, they shade the unit during the months of July, August, and September.

4. Trees shall be planted so that, at maturity, they shade fifty percent (50%) of ground floor window surfaces on the west and south sides of each structure during the months of July, August, and September.

G. Landscaping elements shall not violate the clear vision triangle requirements at a street intersection as defined in section 8-1A-1 of this title.

H. If the subject property is within a flood hazard overlay district, the applicant shall propose a landscaping and screening plan that meets the intent of the above standards and complies with the standards of the flood hazard overlay district.

I. Installation of required landscaping shall be the responsibility of the property owner.

1. All plant materials shall be planted according to industry standards, using acceptable topsoil and automatically controlled permanent irrigation systems.

2. All proposed plant material shall be in accord with the American Association of Nurserymen standards in terms of size, character, and quality.

3. Trees planted within a sidewalk or other pedestrian traffic areas shall be installed with protective tree grates with expandable centers. The minimum size opening within the sidewalk shall be four feet by eight feet (4' x 8').

4. The following minimum plant sizes shall be required:

TABLE 8-4F-1: MINIMUM PLANT SIZE STANDARDS
Landscape Element (Plants)	Minimum Size At Planting
Shade tree	2 inch caliper
Ornamental tree	2 inch caliper
Evergreen tree	7.5 feet in height
Shrub	5 gallon container
Parking lot shrub	5 gallon container
Perennial or ornamental grass	1 gallon container
Note: Caliper shall refer to the trunk diameter as measured 6 inches above ground level.

5. All landscaped areas shall be provided with a permanent and automated underground irrigation system of such design and capacity to satisfactorily serve the landscaped areas.

J. Maintenance and replacement of required landscaping and screening shall be the responsibility of the property owner.

1. All plant materials shall be pruned, trimmed, watered, and otherwise maintained to create an attractive appearance and a healthy growing condition. No trees shall be severely pruned or topped.

2. Dead, diseased, stolen, or vandalized plant materials shall be replaced by the next planting season.

3. Property owners shall keep landscaped areas free of weeds and trash.

4. Stolen, vandalized, or otherwise damaged fences and/or walls shall be replaced immediately. Fences and/or walls shall be maintained to create an attractive appearance.

K. The director may approve, or recommend approval of, alternative landscaping and screening standards, as set forth in this article, when the following findings can be made:

1. The overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article;

2. The existing conditions on or adjacent to the site including, but not limited to, differences in elevation, existing vegetation, or the location of existing structures or utilities would render application of the requirements of this article ineffective; and

3. The overall design shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4F-5: GENERAL SCREENING STANDARDS:

A. Screening Elements: For the purposes of this article, screening elements shall include, but not be limited to: deciduous trees (shade and ornamental), evergreen trees, berms, solid fences, walls, and sound walls. Cyclone or chainlink fencing (with or without slats) shall not be deemed a screening material nor shall such fencing be eligible for points as set forth in table 8-4F-3 of this article.

B. Solid Fence Or Sound Wall: Where a solid fence, wall, or sound wall is used for screening, the landscape plan shall incorporate vegetative materials along the length of the screening to soften the appearance of such features.

C. Trash Dumpsters: Trash dumpsters shall be fenced or enclosed and screened from public view. The sight obscuring screen shall be at least six feet (6'), but not greater than ten feet (10'), in height. One side of the enclosure may be left unenclosed or unscreened, provided that the trash dumpster shall not be visible from a public roadway or an abutting property.

D. Outdoor Storage Areas: All outdoor storage areas shall be completely fenced or enclosed and screened from public view. The sight obscuring screen shall be at least six feet (6'), but not greater than ten feet (10'), in height. One side of the outdoor storage area may be left unenclosed or unscreened, provided that the materials stored in the area shall not be visible from a public roadway or an abutting property.

E. Loading Areas: Loading areas (including, but not limited to, loading spaces, loading docks, and service or maintenance areas) shall be screened from public view. In addition, loading areas that abut a residential district shall attenuate noise associated with such use by providing a sound wall and/or berm with screen plantings around the loading areas or at the property line abutting the residential district.

F. Berm Slopes: Berm slopes shall not exceed a rise to run ratio of one to two (1:2) and shall be a minimum of three feet (3') in height.

G. Sound Walls:

1. Sound walls shall meet all the following construction standards:

a. The wall shall be tall enough to break the line of sight from the noise emitter and the noise receiver on abutting property. See figure 15, section 8-1A-2 of this title.

b. There shall be no break in the barrier between the noise emitter and the noise receiver on the abutting property.

c. The wall shall be constructed of a rigid, dense material that provides a noise reduction of ten (10) dBA greater than the expected reduction in the noise diffracted over the top of the barrier as certified by a qualified and licensed engineer or architect.

2. For the purposes of this section, the location, height, and direction of the noise emitter and the location and height of the noise receiver on the abutting property shall be determined as follows:

a. For outdoor address systems, the noise emitter shall be at the height and location of the speaker and in the direction that the speaker is oriented.

b. For parking lots, the noise emitter shall be at a height of four feet (4') at any location where an automobile may travel and six feet (6') at any location where a truck or trailer may travel. The noise shall be measured in all directions that are not otherwise attenuated by a structure.

c. For loading areas, the noise emitter shall be at a height of six feet (6') above the floor of the loading dock. The noise shall be measured in all directions that are not otherwise attenuated by a structure.

d. The noise receiver on the abutting property with an existing structure shall be at a height of six feet (6') above the floor (including upper floors, if applicable) of the structure and any outdoor patio area.

e. The noise receiver on the abutting property where there is no existing structure shall be set at a height of six feet (6') at any location where a structure can be built. (Ord. 389, 6-14-2000)

8-4F-6: PERIMETER LANDSCAPING AND SCREENING STANDARDS:

The intent of this section is to establish landscaping and screening standards required along the perimeter of the property. Table 8-4F-2 of this section specifies the standards for the minimum depth and minimum number of landscape points required per ten (10) linear feet as measured along the property line.

A. Property Lines That Do Not Abut A Roadway: All principally permitted and accessory uses in the RP, RR, RUT, R1, R2, R4, R6 and R8 base districts as listed in tables 8-2A-1 and 8-2B-1 of this title shall be exempt from the regulations of this article. Requirements of this article may be modified or waived by the commission for conditional uses in the RP, RR, RUT, R1, R2, R4, R6 and R8 base districts as listed in tables 8-2A-1 and 8-2B-1 of this title. Where the dimensional standards for the base district of the subject property require a setback of ten feet (10') or more, the following shall apply, unless otherwise noted:

1. The minimum depth of the landscaped area shall be six feet (6').

2. Abutting a residential district, a minimum of sixteen (16) landscape points shall be required per ten (10) linear feet.

3. Abutting a rural, commercial or industrial district, a minimum of eight (8) landscape points shall be required per ten (10) linear feet.

4. The director may waive perimeter landscaping requirements along portions of property lines not abutting a roadway where needed to accommodate construction of vehicular cross-access across property lines and where cross-access easements to adjacent properties are provided.

B. Property Lines That Abut A Roadway: Entryway corridors shall be as identified in the applicable comprehensive plan. Interstate, arterial, collector, and local streets shall be as identified by the Ada County long range highway and street map functional street classification system.

TABLE 8-4F-2: MINIMUM REQUIRED DEPTH AND POINTS

Classification Of Street Abutting Subject Property	Minimum Depth Of Landscaped Area	Minimum PointsRequired Per Ten Linear Feet
Entryway corridor	30 feet	12
Interstate abutting residential district	50 feet 1	22
Interstate abutting rural, commercial or industrial district	25 feet	18
Arterial, collector, or local street abutting rural or residential district	20 feet	12
Arterial, collector, or local street abutting commercial or industrial district	10 feet	10
Private road	5 feet	4

Note:

1. This standard may be reduced where the applicant provides a sound wall that mitigates noise levels to a comparable level as would be achieved by meeting the 50 foot separation.

C. Required Number Of Landscaped Units: Required number of landscaped units shall be based on a proportional scale. For example, if the landscaped area were 440 linear feet and 8 units were required per 10 linear feet, the total required points would be 352 ([440 ÷ 10] x 8 = 352).

D. Point Values: Table 8-4F-3 of this section specifies the point value for each landscape element.

TABLE 8-4F-3: LANDSCAPE ELEMENT AND ASSOCIATED POINT VALUE

Landscape Element	Unit	Point Value
Shade tree (drought tolerant or native)	per tree	10
Shade tree (other)	per tree	9
Ornamental tree (drought tolerant or native)	per tree	7
Ornamental tree (other)	per tree	6
Evergreen tree	per tree	5
Shrub (drought tolerant or native)	per shrub	3
Shrub (other)	per shrub	1
Flowering plants	per 5 plants	1
Ground cover (drought tolerant or native)	per 100 square feet	3
Ground cover (other)	per 100 square feet	1
Turf (drought tolerant or native)	per 100 square feet	1
Turf (other)	per 100 square feet	0.5
Berm 1	per 10 linear feet	4
Fence1	per 10 linear feet	4
Wall1	per 10 linear feet	4
Sound wall1	per 10 linear feet	6
Boulder with 6 foot or greater circumference	per boulder	1

Note:

1. Where a berm is combined with a fence, wall, or sound wall, the points shall be cumulative.

(Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4F-7: PARKING AREA LANDSCAPING AND SCREENING STANDARDS:

A. The minimum perimeter landscaping for the parking area shall be as established in subsection 8-4F-6A or B of this article as applicable. If perimeter landscaping is not required by section 8-4F-6 of this article to buffer an abutting district, the minimum width shall be six feet (6').

B. Any area with plant materials shall be a minimum of forty eight (48) square feet, with the narrowest dimension not less than six feet (6').

C. Within a commercial base district, parking lot landscaping shall include shade trees located to provide for adequate shade during the months of July, August, and September. The required percent of shade canopy shall be based on the number of parking spaces provided as follows:

Parking Spaces Provided	Minimum Percent Of Parking Area To Be Shaded
1 to 25 stalls	30 percent
26 to 50 stalls	40 percent
51 or more stalls	50 percent

1. Trees shall be shown at seventy five percent (75%) maturity.

2. The percentage of area required to be shaded shall be the area of uncovered parking stalls and pedestrian routes only and shall not include driveways and interior traffic circulation aisles.

D. Berms, shrubs, and low walls (36 inches or less in height) shall be used to screen parking areas from public sidewalks. Shrub species shall be selected that do not exceed a height of thirty six inches (36").

E. Where landscaping elements abut parking spaces, the applicant shall provide curbs, wheel stops, or two feet (2') of additional landscaping planted in ground cover to protect shrubs and trees from damage by vehicles.

F. Pedestrian access shall meet the requirements of subsection 8-4E-4B of this chapter. (Ord. 389, 6-14-2000)

8-4G-1: PURPOSE:

The purpose of this article is to provide regulations and standards for off-street parking and loading facilities with the intent to provide off-street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. (Ord. 389, 6-14-2000)

8-4G-2: APPLICABILITY:

The following standards shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. The number of off-street parking spaces, as hereinafter set forth, shall be provided for all allowed uses in any district. A greater number of spaces may be required in any application involving discretionary approval. (Ord. 389, 6-14-2000)

8-4G-3: PROCESS:

A. An off-street parking and loading plan shall be required as a component of a master site plan.

1. The off-street parking and loading plan shall contain the location, size, and type of all proposed off-street parking and loading facilities. The applicant shall provide a table indicating any applicable standards and the calculations used to determine the required number of spaces.

2. If the proposed development project shall be completed in phases, such phases shall be noted on the site plan. The applicant shall also provide documentation on the proposed uses and the number of off-street parking and loading facilities associated with each phase.

B. For residential and accessory uses that do not require master site plan approval, the regulations of this article shall be reviewed at the time of building permit application or accessory use approval, as appropriate.

C. Off-street parking and loading shall be installed and constructed to the satisfaction of the director, in accord with the approved off-street parking and loading plan. (Ord. 389, 6-14-2000)

8-4G-4: GENERAL REGULATIONS:

A. Use Of Required Parking Spaces:

1. Required parking spaces shall be used for vehicle parking only.

2. Parking areas for residential use may be used for the parking of one "commercial vehicle" (as defined in chapter 1, article A of this title) per property, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation.

B. Joint Use Parking: Joint use of off-street parking spaces shall be allowed when the principal operating hours of the structures, structures, or uses are not in substantial conflict with one another.

1. The required off-street parking shall be located not more than three hundred feet (300') from the primary entrance of the structure to the nearest entrance of the parking area, as measured along the sidewalk or pedestrian walkway.

2. All parties involved with the joint use parking area shall submit a written agreement to the director, signed by the applicable parties involved. The agreement shall specify the following:

a. Party or parties responsible for construction;

b. Party or parties responsible for maintenance;

c. Regulations for amendments to the agreement that include notice to the director; and

d. Regulations for termination of the agreement that include notice to the director.

3. If the director finds that the agreement complies with the regulations of this article, the applicant or owner shall record such agreement with the Ada County recorder prior to issuance of any permits.

4. The joint use parking agreement may be terminated by the parties only if off street parking is provided in conformance with this article and approved by the director prior to the termination.

C. Continuous Service Drives: Continuous service drives shall meet the following standards:

1. Service drives are only allowed for multi-family developments, or developments that are within the commercial and industrial base districts.

2. The minimum width of the continuous service drive shall be twenty feet (20') and shall be paved with asphaltic concrete as approved by the county engineer. The parking areas and drive aisles shall comply with section 8-4G-5 of this article. Where the continuous service drive also doubles as the drive aisle, the minimum width of the continuous service drive shall be twenty five feet (25').

3. The continuous service drive shall connect to a minimum of one public road. The point(s) of connection shall be approved by the Ada County highway district or Idaho transportation department based on the classification of the public road. Continuous service drives shall be designed to discourage cut through traffic.

4. The applicant shall provide written approval from the appropriate fire district. (Ord. 389, 6-14-2000; amd. Ord. 763, 10-13-2010)

8-4G-5: DESIGN STANDARDS:

A. Design Of Parking Areas:

1. Design And Construction: All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by section 8-4G-6 of this article, and designed as required by this section.

2. Location: All parking spaces required by this article shall be located on the same property as the use for which parking is required, except as provided for in joint use parking in subsection 8-4G-4B of this article. For the purposes of this standard, all properties within a single master site plan or planned unit development shall be considered the same property.

3. Handicap Accessible Spaces: Handicap accessible parking spaces shall provide reasonable accommodations to principal permitted structures and shall be located along the shortest route of travel from adjacent parking to an accessible entrance.

4. Additional Design Standards For Uses Requiring Master Site Plan Approval:

a. Off street parking spaces shall not be located in any landscape area as required by sections 8-4F-6 and 8-4F-7 of this chapter.

b. Parking stalls and driving aisles shall be designed in accord with the standards in table 8-4G-1 of this section.

c. All parking areas shall provide on site turnarounds for all off street parking spaces and loading facilities.

d. The design of off street parking areas shall not require moving any car to gain access to a required parking space. (No tandem parking.)

e. Sidewalks located within the off street parking areas, outside of public rights of way, shall be a minimum width of five feet (5').

TABLE 8-4G-1: REQUIRED AUTOMOBILE WIDTH AND STALL LENGTH BY PARKING ANGLE

A	B	C	D	E	F
Parking Angle	Stall Width	Curb Length	Stall Depth	One-Way Driving Aisle	Two-Way Driving Aisle
0°	9'0"	23'0"	9'0"	12'0"	25'0"
30°	9'0"	18'0"	17'8"	11'0"	25'0"
45°	9'0"	12'9"	20'5"	13'0"	25'0"
60°	9'0"	10'5"	21'10"	16'0"	25'0"
90°	9'0"	9'0"	20'0"	22'0"	25'0"

Note: See section 8-1A-2, figure 16 of this title for an explanation of the column headings as noted above.

B. Improvements:

1. Except as otherwise provided in this section, all off street parking areas shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with asphaltic concrete or some comparable all weather dustless material. This standard shall not apply to agricultural produce stands, roadside produce stands, rural residences, temporary uses, or temporary construction offices.

2. Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to agricultural produce stands, roadside produce stands, rural residences, temporary uses, or temporary construction offices.

3. When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced two feet (2') in length if two feet (2') are added to the width of the sidewalk or landscaped area planted in ground cover. In no case shall the width of the sidewalk not be ADA compliant.

4. Parking spaces and access lanes shall be marked including handicapped symbols and signs.

5. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in article H of this chapter.

C. Bicycle Parking Facilities: Bicycle parking facilities shall only be required for uses within an area of city impact. Bicycle parking facilities shall meet the following location and design standards except in the industrial base districts:

1. Bicycle parking facilities shall be located as close as possible to the building entrance(s).

2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building entrances.

3. Bicycle parking facilities shall not conflict with the Americans with disabilities act.

4. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and front wheel with one lock.

D. Alternative Plan: The director may approve, or recommend approval of, an alternative off street parking and loading plan, when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 591, 7-27-2005; amd. Ord. 733, 12-9-2009; amd. Ord. 804, 11-14-2012)

8-4G-6: REQUIRED NUMBER OF OFF STREET PARKING SPACES:

A. The minimum number of required off street automobile and bicycle parking spaces shall be as set forth in table 8-4G-2 of this section. Where the standards require a fractional space, the next larger whole number shall be the number of spaces required. When more than one standard is provided, the standard that results in the greatest number of required parking spaces shall apply.

B. One bicycle parking space shall be provided for every twenty five (25) proposed parking spaces. The following uses shall be exempt from providing bicycle spaces: duplex or single-family attached dwelling, additional farm dwelling, caretaker dwelling for an approved use, secondary attached or detached dwelling, manufactured home, manufactured home park, manufactured home subdivision.

C. For mixed uses, the total requirement of off street automobile and bicycle parking spaces shall be the sum of the requirements of the individual uses, except as provided in joint use of parking in subsection 8-4G-4B of this article.

D. The number and design of accessible handicap automobile parking spaces shall be in accord with the Americans with disabilities act.

E. Reserved off street automobile parking spaces shall be noted on the site plan and each reserved space shall count as 0.8 of a required space.

F. Upon any change of use, the number of automobile and bicycle parking spaces to be provided shall be calculated according to the requirement of this article for the new use. For the purposes of this article, a change of use shall include, but not be limited to, an expansion, alteration, or change in occupancy resulting in a more intense use of a site, such as additional dwelling units, gross floor area, seating capacity, or other unit of measurement specified as a standard in section 8-4G-5, table 8-4G-1 of this article.

G. The minimum number of required automobile and bicycle parking spaces shall be provided and continuously maintained.

H. No parking area or space provided, as required by this article, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the director are provided.

I. Table notes are as follows:

1. Gross floor area shall be the measure of total square footage of habitable space of a structure.

2. For fixed bench seating, one seat shall mean twenty four inches (24") of linear length of bench.

3. The number of employees shall be based on employees present during the largest shift.

TABLE 8-4G-2: REQUIRED PARKING SPACE BY USE

Use			Required Number Of Automobile Spaces
Auto use:
	Automobile, recreational vehicle, or heavy equipment sales		1 per 1,200 square feet of gross floor area
	Automobile, recreational vehicle or heavy equipment service or repair		1 per service bay
	Car wash		1 per 2 drying stations
	Junkyard or automobile wrecking yard		1 per 500 square feet of gross floor area
	Transit facility		1 per 2 employees
	Truck stop		1 per 500 square feet of gross floor area
Cultural and recreational:
	Bowling alley		2 per lane
	Campground		1 per 2 campsites, plus 1 per 2 employees
	Country club, lodge, social hall or indoor recreational facility		1 per 200 square feet of gross floor area
	Golf course		2 per hole
	Golf driving range		1 per 2 driving stations
	Movie theater		1 per 8 seats
	Outdoor recreation facility - open space		4 per acre
	Outdoor recreation facility or structure		1 per 8 seats
	Recreation vehicle park		1 per space
	Shooting range, indoor or outdoor		1 per target and/or shooting station
	Sports fields		20 per acre
Industrial:
	Contractor's yard or shop		1 per 1,000 square feet of gross floor area plus 1 per employee
	Manufacturing, processing (product, chemical, agricultural), research and development, brewery or distillery, winery, recycling, or centralized power facility		1 per 1,000 square feet of gross floor area
	Storage, agricultural uses, landfill, railroad, remediation, pit, mine, quarry, or landing field		1 per 2 employees
	Storage facility, self-service		1 per entrance to the site
	Vehicle impound yard		1 per 2 employees, plus 1 per 4 acres
	Warehouse		1 per 4,000 square feet of gross floor area
Institutional:
	Cemetery		1 per 2 employees
	Church		2 per 8 seats in main sanctuary
	Hospital		1 per bed, plus 2 per 2 employees
	Public owned buildings		1 per 500 square feet of gross floor area
	Public utility and infrastructure facility, excluding substations		1 per 2 employees
	School, public or private:
		Elementary	1 per 2 employees, plus 1 per 12 students
		Middle, junior high, and senior high	1 per employee, plus 1 per 6 students
	School, vocational or trade		1 per 4 students
Office and business services:
	Animal clinic, animal hospital or veterinary office		1 per 500 square feet of gross floor area
	Auction establishment, outdoor		1 per 2 attendees
	Business, personal services or professional office		1 per 500 square feet of gross floor area
	Clinic, medical (excluding animal or veterinary)		2 per 500 square feet of gross floor area
	Commercial kennel		1 per 1,000 square feet, plus 1 per employee
	Composting facility, commercial		1 per 2 employees plus 1 per acre
	Crematory		1 per 8 seats in chapel
	Daycare center		1 per 2 employees, plus additional spaces or child loading area shall be specified in the conditional use permit
	Hotel or motel		1 per sleeping room
	Laundry or linen service		1 per 1,000 square feet of gross floor area
	Mortuary		1 per 200 square feet of gross floor area
	Nursery, wholesale		1 per 4,000 square feet of gross floor area
	Office, temporary construction		1 per 2 construction employees
	Package and letter delivery service		1 per 1,000 square feet of gross floor area
	Septage treatment and disposal facility, private		1 per 1,000 square feet of gross floor area plus 1 per employee
Residential:
	Adult respite care center		1 per 2 employees, plus additional spaces or client loading area shall be specified in the conditional use permit
	Dwelling, multi-family:
		1 bedroom	1.5 per dwelling unit
		2 - 3 bedrooms	2 per dwelling unit
		4+ bedrooms	3 per dwelling unit
		Visitor parking	0.25 per dwelling unit for all multi-family dwellings
	Dwelling, single-family attached or detached or additional dwelling		1 per dwelling unit
	Family daycare, home		None
	Foster home, group		1 per 2 employees
	Group daycare facility		4, provided that on site parking may be reduced by the number of on street parallel parking spaces in front of the structure
	Manufactured home park		1 per space
	Nursing facility, skilled		1 per 8 beds
	Residential treatment facilities		1 per 6 beds
	Seasonal farmworker housing or boarding house		1 per 2 sleeping rooms
Retail:
	Adult entertainment establishment		1 per 100 square feet of gross floor area
	Agricultural produce stand		4 per each establishment plus 1 per 200 square feet of area dedicated to the sale, display and storage of produce
	Gas station		1 per 2 pumps
	Restaurant, bar or brewpub		1 per 200 square feet of gross floor area
	Retail store		1 per 500 square feet of gross floor area
	Retail, supply and durable goods		1 per 1,200 square feet of gross floor area
	Roadside produce stand		4 per each establishment plus 1 per 200 square feet of area dedicated to the sale, display and storage of produce

(Ord. 389, 6-14-2000; amd. Ord. 582, 5-25-2005; amd. Ord. 675, 11-14-2007; amd. Ord. 692, 4-23-2008; amd. Ord. 733, 12-9-2009; amd. Ord. 743, 2-10-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 804, 11-14-2012; amd. Ord. 852, 3-2-2016)

8-4G-7: OFF STREET LOADING SPACE REQUIREMENTS:

A. Any structure having a gross floor area of five thousand (5,000) square feet or more, to be occupied by a commercial or industrial use, shall be required to provide and maintain at least one off street loading space. One additional off street loading space shall be required for each subsequent twenty thousand (20,000) square feet of gross floor area (e.g., 25,000 square feet, 45,000 square feet, etc.).

B. Each loading space shall be not less than ten feet (10') in width and thirty feet (30') in length and shall have fourteen feet (14') of vertical clearance.

C. Parking and loading areas shall be designed so vehicles shall not back out into the street.

D. No off street loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a structure. No off street loading space shall face an abutting residential district.

E. Any off street loading space located within fifty feet (50') of a residential district shall not operate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 389, 6-14-2000)

8-4H-1: PURPOSE:

The purpose of this article is to provide standards on the types, construction, installation, and uses of outdoor lighting to conserve energy, regulate glare, prevent the creation of a nuisance, and enhance nighttime enjoyment of properties in Ada County without decreasing safety, utility, or security. (Ord. 389, 6-14-2000)

8-4H-2: APPLICABILITY:

The requirements of this article shall apply to the following uses and activities:

A. Any proposed development requiring master site plan approval.

B. Any stationary outdoor lighting in common areas of a planned unit development or subdivision.

C. Installation, change, upgrade, expansion, or enlargement of existing outdoor lighting. (Ord. 389, 6-14-2000)

8-4H-3: EXEMPT:

The following types of lighting are exempt from the regulations of this article:

A. Light fixtures that have a maximum output of less than two hundred sixty (260) lumens.

B. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps.

C. Temporary holiday lighting used for forty (40) days or less per year.

D. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services.

E. All hazard warning lights required by federal or state regulatory agencies. (Ord. 389, 6-14-2000)

8-4H-4: PROHIBITED:

The installation of any of the following types of lighting are prohibited:

A. Mercury vapor lamp fixture and/or lamp.

B. Laser source light or any similar high intensity light when projected above the horizontal.

C. Changing colors, moving lights, or searchlights (for advertising purposes) are prohibited in all districts, except where approved for temporary uses.

D. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit is prohibited except as required by regulations of the federal aviation administration (FAA). (Ord. 389, 6-14-2000)

8-4H-5: PROCESS:

A. A lighting plan shall be required as a component of a master site plan.

B. The lighting plan shall show the location, orientation, and height of all proposed exterior light fixtures, both attached and detached (including those that may be exempt from the regulations of this article). The lighting plan shall also detail the type and extent of shielding including cut off angles and the type of illumination including the watts, luminous area, and photometric test report for each light source. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003)

8-4H-6: STANDARDS:

A. Two Hundred Sixty Lumens Or More: Light fixtures that have a maximum output of two hundred sixty (260) lumens or more shall have an opaque top to prevent up lighting.

B. One Thousand Lumens Or More: Light fixtures that have a maximum output of one thousand (1,000) lumens or more per fixture shall have an opaque top to prevent up lighting and the bulb shall not be visible.

C. One Thousand Eight Hundred Lumens Or More: Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have a "full cut off shield" as herein defined. See figure 4, section 8-1A-2 of this title.

D. Floodlight Fixtures: Floodlight fixtures shall be located in such a manner as to prevent direct glare into a roadway and to minimize impact on abutting properties.

1. Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased.

2. Floodlight fixtures shall be installed so that they do not tilt more than forty five degrees (45°) from vertical.

E. Up Lighting: Up lighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield.

F. Display And Security Lighting: Display lighting shall be turned off within thirty (30) minutes after close of business and shall remain off until sunrise or the opening of the business on the following day, whichever comes first. There are no time restrictions regarding security lighting.

G. Installed Height Of Fixture:

1. The height of a freestanding light fixture shall not exceed twenty five feet (25') or the height of the principal permitted structure, whichever is less. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther.

2. The following standards shall apply to floodlight fixtures with a maximum output of nine hundred (900) lumens or more and other light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more. Streetlights installed by the Ada County highway district or Idaho department of transportation shall be exempt from these standards.

a. Within a commercial or industrial base district, the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See figure 6, section 8-1A-2 of this title.

b. Within a rural or residential base district, the allowed height shall be determined by the setback from the property line as set forth in table 8-4H-1 of this section.

TABLE 8-4H-1: HEIGHT OF LIGHT FIXTURES

BASED ON SETBACK

Height Of Pole	Setback From Property Line	Height Of Pole	Setback From Property Line
1 foot to 3 feet	0 feet	15 feet	36 feet
4 feet	3 feet	16 feet	39 feet
5 feet	6 feet	17 feet	42 feet
6 feet	9 feet	18 feet	45 feet
7 feet	12 feet	19 feet	48 feet
8 feet	15 feet	20 feet	51 feet
9 feet	18 feet	21 feet	54 feet
10 feet	21 feet	22 feet	57 feet
11 feet	24 feet	23 feet	60 feet
12 feet	27 feet	24 feet	63 feet
13 feet	30 feet	25 feet	66 feet
14 feet	33 feet
Note: Table is based on the formula H (height) = 3 + D (setback distance) / 3.

H. Underground Electrical Feeds: Electrical feeds to outdoor light fixtures shall be underground, not overhead.

I. Neon Illumination: Neon illumination shall be prohibited in the rural base districts.

J. Alternative Lighting Plan: The director may approve, or recommend approval of, an alternative lighting plan when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000)

8-4H-7: REQUIRED FINDING:

In order to approve the application, the decision making body shall find that the proposed lighting plan complies with the standards listed in section 8-4H-6 of this article. (Ord. 389, 6-14-2000)

8-4I-1: PURPOSE:

The purpose of this article is to control and regulate the erection and maintenance of signs in the unincorporated portions of Ada County, in the interest of public safety, by: providing maximum visibility along highways, assuring unobstructed view at connecting roads and intersections, and preventing undue distraction of operators of motor vehicles, preventing confusion with respect to traffic lights, signs, or signals. (Ord. 389, 6-14-2000)

8-4I-2: APPLICABILITY:

The following standards shall apply to signs that are installed, constructed, painted, or altered after the effective date of this title:

A. Signs Requiring Building Permits: The Ada County building code as set forth in title 7, chapter 2 of this code shall determine signs that require building permits.

B. Signs Requiring Administrative Approval: Unless otherwise noted as exempt in this article, any sign greater than sixty four (64) square feet shall require administrative approval prior to construction and/or placement.

C. Interstate Roads And Primary Highways: The standards of this article shall apply to all interstate roads and primary highways covered by the Idaho highway beautification act, Idaho Code title 40, chapter 19, to the extent that this title is more restrictive with respect to maintaining signs on such roadways. (Ord. 389, 6-14-2000)

8-4I-3: EXEMPT:

The following types of signs, when not illuminated, do not require permits:

A. Directional or informational signs bearing no advertising message located within a parcel, and signs not exceeding four (4) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.

B. Memorial signs or tablets and names of buildings and dates of erection when cut into the surface or facade of the building.

C. Traffic or other county signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board of county commissioners.

D. Signs placed by a public utility showing the location of underground facilities.

E. Business signs and project signs (as herein defined) when referring solely to a principal permitted use of properties lying in a rural base district.

F. Home signs for properties lying in a rural or residential base district.

G. Property signs that are an accessory use for properties lying in any base district.

H. Any sign which is visible only from the parcel on which it is located. (Ord. 389, 6-14-2000)

8-4I-4: PROHIBITED SIGNS:

A. No sign or sign structure, other than approved county and highway signs shall be placed upon any street or highway right of way.

B. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display. (Ord. 389, 6-14-2000)

8-4I-5: DEFINITIONS:

For the purposes of this article, the following definitions shall apply in addition to those in section 8-1A-1 of this title:

BILLBOARD: Any sign upon which advertising matter is posted and/or pasted thereon.

BLANKETING: The term "blanket" or "blanketing", when applied to signs or sign structures shall mean the partial or complete shutting off of the face of one sign by another sign.

BUILDING FACE: The wall of a building fronting on a street, excluding any appurtenances, such as columns, pilasters, canopies, marquees, showcases or decorations, but including the parapet wall.

SIGN, COMBINATION: A sign incorporating any combination of the features of projecting, roof and freestanding signs.

SIGN, HOME: An accessory sign or nameplate announcing the names of the occupants or owners of the premises or the name of the home occupation conducted thereon.

SIGN, NONACCESSORY, OFF-PREMISES: Any sign which directs attention to the use, name, business, commodity, service or entertainment conducted, sold, or offered elsewhere than in the premises and only incidentally on the premises if at all.

SIGN, PARKING LOT: An accessory or on-premises sign erected for identifying and informing the public of parking lot areas open to the public and of operational procedures in connection therewith.

SIGN, PROJECT: An on-premises sign identifying a project proposed or under construction, and may include the nature of the project, the name of the owners, developers, contractors or other participants involved in the construction of the buildings or the development of the grounds or project.

SIGN, PROPERTY: An on-premises sign erected for the purpose of advertising the availability of the property for sale, lease or rent; or may include a private or public announcement or the announcement of danger or warning in connection with said premises.

SIGN, PUBLIC: An accessory sign erected for the purpose of identification of the buildings, or involved institutions, and may include the dissemination of information in connection with the program, policy or operation of public or semipublic institutions owning or occupying subject premises, such as schools, churches, hospitals, quasi-public bodies, clubs, lodges, clinics, professional and executive offices, or information in connection with the property of general interest to the public.

SIGN, PUBLIC GATHERING: An accessory sign erected to identify boarding houses, multi-family developments, skilled nursing facilities, and/or daycare facilities.

SIGN, SUBDIVISION: An on-premises sign erected for the purpose of identifying the boundaries of the subdivision and may include promotional information relating to the proposed subdivision. (Ord. 389, 6-14-2000)

8-4I-6: GENERAL REGULATIONS:

A. Permitted roof signs or sign structures that extend beyond or overhang any exterior wall of the building upon which secured shall require conditional use approval or as specified herein.

B. Where permitted, no more than one projecting sign structure shall be allowed for each grade level use on each street frontage, plus one additional projecting sign for each one hundred fifty feet (150') of street frontage devoted to a single use.

C. No sign or sign structure shall be placed on private or public property without the written consent of the owners, or agents thereof.

D. No sign background area facing the side or rear property line of an abutting residential base district shall be located within fifty feet (50') of such side or rear property line.

E. Flashing and/or animated signs shall be prohibited within three hundred feet (300') of any property within a residential base district.

F. If the adjacent street grade to which the sign is oriented is more than ten feet (10') greater than the grade elevation at the base of the sign structure, the adjacent street grade may be used in determining the permitted height. This provision shall apply to all freestanding sign structures.

G. Signs or sign structures erected or to be erected for a nonconforming use shall not be enlarged, altered, located or otherwise provided, other than permitted in this article or by section 8-1B-5 of this title.

H. Signs at railroad and street intersections shall not be permitted in the "clear vision triangle" as herein defined.

I. For the purpose of preventing the blanketing of one sign by another, the following provisions regulating the size of a sign and its location shall govern:

1. No projecting sign shall be erected in the same horizontal plane with other projecting signs unless the sizes are spaced as set forth in table 8-4I-1 of this section, measured center to center:

TABLE 8-4I-1: OVERLAP OF PROJECTING SIGNS AND REQUIRED SPACING

Overlap Of Projecting Signs	Spacing Between Signs
3 feet or less	10 feet
Greater than 3 feet to 4 feet	20 feet
Greater than 4 feet to 6 feet	25 feet
Greater than 6 feet	30 feet

2. Any projecting sign erected at a shorter distance than required above shall be erected above the top edge or below the bottom edge of the blanketed sign.

J. For the purposes of this article, distance for the purpose of establishing location shall refer to the linear distance in either direction on the street to which the sign faces only.

K. Illumination of signs shall be subject to the regulations in article H of this chapter.

L. Unless otherwise specified in this article, signs shall have a minimum setback of five feet (5') from any property line.

M. An application for any sign for which no regulation in this title is applicable shall be considered by the commission under the conditional use procedure as outlined in chapter 5, article B of this title, and such application shall be approved or denied in accord with the intent of these regulations. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001)

8-4I-7: BUSINESS SIGNS:

A. Business With Frontage On Two Or More Streets:

1. The proposed development shall be allowed its quota of signs on each of the streets.

2. Where a business located on a corner is allowed a freestanding sign, it may have either one such freestanding sign designed to be read from both intersecting streets or two (2) freestanding signs where each sign is designed to be read from only one of the intersecting streets.

B. Multi-Use Properties: Properties with more than a single use in a commercial or industrial base district shall be allowed building business signs that identify the shopping center or industrial park as set forth in table 8-4I-2 of this section and as follows.

TABLE 8-4I-2: BUILDING SIGNS FOR SHOPPING CENTER OR INDUSTRIAL PARK SIGN STANDARDS FOR

PROPERTIES WITH MORE THAN A SINGLE USE

Building Sign Standards	C1 Base District	C2 And C3 Base District	Industrial Base District
Maximum sign area	200 square feet	315 square feet	315 square feet
Maximum height, sign background area	35 feet	55 feet	55 feet
Maximum height, sign structure	45 feet	70 feet	70 feet

1. Building signs shall meet the following standards:

a. The maximum area of animated signs shall be twenty percent (20%) of the sign area, except in the LO and C1 districts where the maximum area shall be ten percent (10%) of the sign area.

b. Direct, internal and/or neon illumination shall be allowed, except for roof signs where no illumination is allowed.

c. The maximum area of projecting signs is ten percent (10%) of the building face. The maximum height of projecting signs shall be twenty feet (20') above grade or four feet (4') above eaves or the parapet, whichever is less.

d. Roof signs are allowed by conditional use permit only. The lower and upper edges of roof signs shall be within four feet (4') and eight feet (8') above the eaves of the building on which it is placed.

2. In lieu of building signs as set forth above, one freestanding sign shall be permitted on each street frontage.

a. Maximum area shall be fifty (50) square feet for each street frontage or one square foot of sign area for each linear foot of property fronting a street, whichever is greater.

b. Maximum height shall be twenty five feet (25').

c. Direct, internal, or neon illumination shall be allowed.

d. Ten percent (10%) of the sign area may be animated.

e. No freestanding signs shall be closer to an abutting property line than a distance equal to twenty percent (20%) of the width or length of the property upon which the sign is located.

3. A combination of a building sign and a freestanding sign may be used, provided all signs are reduced by fifty percent (50%) in sign area.

4. Signs in an LO or C1 base district shall not be closer than one hundred fifty feet (150') from any property in a residential district except the R12 and R20 districts, in which case the distance may be a minimum of one hundred feet (100').

5. Signs in other commercial or industrial base districts shall not be closer than two hundred fifty feet (250') from any property in a residential base district except the R12 and R20 districts, in which case the distance may be two hundred feet (200').

C. Establishments Within Multi-Use Properties: Establishments within a property that has more than one use in a commercial or industrial base district shall be allowed one or more building signs for each establishment as set forth below:

1. The maximum area shall be twenty five percent (25%) of the building face.

2. Maximum height shall be twenty feet (20') above grade or four feet (4') above the eaves or parapet, whichever is less.

3. Direct, internal, or neon illumination shall be allowed.

4. Ten percent (10%) of the sign area may be animated. No revolving signs shall be allowed.

5. Establishments above grade level shall be permitted to have business signs as outlined in this subsection C, except that the area for such signs shall be reduced by fifty percent (50%).

D. Single Use Properties: Business signs for properties with a single use in a commercial or industrial base district shall be allowed one or more building signs as set forth below:

1. The maximum sign area shall be based on the building face to which the sign is attached.

a. Maximum area for wall signs shall be forty percent (40%).

b. Maximum area for projecting signs and canopy signs shall be fifteen percent (15%).

2. Maximum height shall be thirty feet (30').

3. Direct, internal, or neon illumination shall be allowed.

4. Animation may not exceed twenty percent (20%) of the proposed sign area.

5. In lieu of building signs as set forth in this subsection D, one freestanding sign is permitted on each street frontage for any property:

a. Maximum area shall be sixty five (65) square feet for each street frontage or 1.5 square feet of sign area for each linear foot of property fronting a street, whichever is greater.

b. Maximum height shall be forty feet (40').

c. Direct, internal, or neon illumination shall be allowed.

d. Twenty percent (20%) of the sign area may be animated.

e. No freestanding signs shall be closer to an abutting property line than a distance equal to twenty percent (20%) of the width or length of the property upon which the sign is located.

6. A combination of a building sign and a freestanding sign may be used, provided all signs are reduced by fifty percent (50%) in sign area and the height to the top of the freestanding sign does not exceed thirty feet (30'). (Ord. 389, 6-14-2000)

8-4I-8: HOME SIGNS:

Accessory nameplate and home occupation signs are permitted and classified as an accessory use in all base districts and do not require a permit.

A. One accessory nameplate and home occupation sign or combination thereof is permitted for each dwelling.

B. In the R6, R8, R12, and R20 base districts, the erection of such signs are subject to the following design standards:

1. Each sign, including combination signs, shall not exceed two (2) square feet in area and may be illuminated by internal illumination only.

2. Home occupation signs must be attached flatly to the building not to exceed the height of the eaves line. (Ord. 389, 6-14-2000)

8-4I-9: PARKING LOT SIGNS:

A. Parking lot signs are permitted in R1, R2, R4, R6, R8, R12, and R20 base districts upon applicant submitting evidence that the commission has approved the operation of an off-street parking facility. Such signs are classified as an allowed use in all commercial and industrial districts.

B. All parking lot signs shall meet the standards set forth in table 8-4I-3 of this section:

TABLE 8-4I-3: MAXIMUM AREA AND HEIGHT FOR PARKING LOT SIGNS

Base District	Maximum Area	Maximum Height
Rural and residential base districts	16 square feet	12 feet
Commercial and industrial base districts	32 square feet	12 feet

1. The sign shall not revolve or move.

2. The sign may be internally illuminated.

3. No roof signs shall be allowed. (Ord. 389, 6-14-2000)

8-4I-10: PROJECT SIGNS:

One or more project signs for contractors or other participants in construction of buildings or development of grounds are allowed as a temporary use during the term of construction.

A. The total area and height of all such signs shall not exceed the standards set forth in table 8-4I-4 of this section:

TABLE 8-4I-4: MAXIMUM AREA AND HEIGHT FOR PROJECT SIGNS

Base District	Maximum Area	Maximum Height
Rural, commercial, and industrial	96 square feet	12 feet
R4, R6, R8	64 square feet	8 feet
RUT, RSW, R1, R2, R12, R20	64 square feet	12 feet

B. Signs may be internally illuminated. (Ord. 389, 6-14-2000)

8-4I-11: PROPERTY SIGNS:

Temporary information signs used for the purpose of advertising premises for sale, lease, or rent, or as a warning or danger or trespass notice pertinent to premises upon which a sign is located are allowed in all districts.

A. The maximum area and height shall be as set forth in table 8-4I-5 of this section.

TABLE 8-4I-5: MAXIMUM AREA AND HEIGHT FOR PROPERTY SIGNS

Base District	Maximum Area	Maximum Height
Rural districts and RUT district	64 square feet	10 feet
R4, R6, R8	16 square feet	6 feet
R1, R2, R12, R20	32 square feet	10 feet
Industrial and commercial districts	64 square feet	10 feet

B. No illumination shall be allowed.

C. Signs may be freestanding or building signs. If the sign is a building sign, the sign shall not exceed the height of the eaves. (Ord. 389, 6-14-2000)

8-4I-12: PUBLIC SIGNS:

Informational signs for public and semipublic buildings including churches, clinics, clubs, hospitals, lodges, professional and executive offices and like uses are allowed for each property, in all districts. Signs for civic events shall meet the standards in subsection F of this section.

A. Maximum Area And Height: Maximum area and height for public signs shall be as set forth in table 8-4I-6 of this section:

TABLE 8-4I-6: MAXIMUM AREA AND HEIGHT FOR PUBLIC SIGNS

Base District	Maximum Area1,3	Maximum Height2,3
Rural districts	64 square feet	12 feet
R4, R6, and R8	32 square feet	8 feet
RUT, RSW, R1, R2, R12, and R20	64 square feet	12 feet
Commercial and industrial districts	64 square feet	16 feet
Notes: 1. Not to exceed one square foot in area for each 3 linear feet of frontage of the principal building on the principal street, or as set forth above, whichever is less. 2. Public building signs shall not project above the eaves of the building, or as set forth above, whichever is less. 3. A larger sign may be approved as a conditional use.

B. Directory Informational Sign: One directory informational sign is allowed for each property; provided, however, that such sign may not exceed twenty four (24) square feet in area. The directory sign shall not be calculated in the maximum allowed area as set forth in table 8-4I-6 of this section.

C. Freestanding Signs: Freestanding signs shall not revolve and/or flash.

D. Roof Signs: No roof signs shall be allowed.

E. Illumination: Public signs may have direct, internal, or neon illumination.

F. Public Signs For Civic Events: Identification and information signs for public buildings and grounds used to conduct civic events including, but not limited to: athletic fields, stadiums, auditoriums, fairgrounds and arenas, are allowed with the following standards:

1. In the rural, industrial, and commercial base districts, one freestanding sign shall be allowed along each street frontage in accord with the following standards:

a. The maximum sign area shall be one hundred (100) square feet unless the sign is located farther than two hundred feet (200') from the boundary of any residential district, then one square foot of sign area shall be allowed per each lineal five feet (5') of property fronting the street, whichever is greater. In any case no sign shall exceed two hundred (200) square feet in area.

b. The maximum height shall be thirty feet (30') above grade unless the location of the sign is within two hundred fifty feet (250') of the boundary of any residential district, in which case the maximum allowed height shall be reduced to twenty feet (20').

c. The sign may have internal illumination.

2. A public building sign for a civic event is allowed on the building face that is oriented to the street on which the property has access in accord with the following standards:

a. If the building sign is in lieu of a freestanding sign as outlined above, the maximum area shall be fifteen percent (15%) of the building face, not to exceed one hundred fifty (150) square feet.

b. If the building sign is in addition to a freestanding sign as outlined above, the maximum area shall be five percent (5%) of the building face, not to exceed sixty five (65) square feet.

c. The maximum height shall be thirty feet (30').

d. The sign may have direct, internal, or neon illumination.

3. In a residential district or within the Boise air terminal airport influence areas overlay district, public freestanding signs and/or building signs for civic events shall meet the following standards:

a. The sign shall not exceed one hundred (100) square feet in area. For freestanding signs, the height shall not exceed twenty feet (20').

b. The sign shall require conditional use approval as set forth in chapter 5, article B of this title. In addition to required findings in chapter 5 of this title, the commission shall also make the following positive findings:

(1) That the location of the sign will not endanger motorists or pedestrians and does not cause undue distraction to traffic on the adjacent street or impede views at street or railroad intersections;

(2) That the sign will not obstruct views of users of adjacent buildings to side yards, front yards, or to open space;

(3) That the sign will not distract, intrude upon or negatively impact the visual quality of a residential neighborhood;

(4) That the sign is compatible with building heights of the existing neighborhood and does not impose an inharmonious element to the existing area;

(5) That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not flare or reflect onto adjacent business or residential areas;

(6) Signs in the Boise air terminal airport influence areas overlay district must comply with applicable airport performance standards such as glare and height restrictions; and

(7) Failure on the part of the owner to maintain the sign in a neat and orderly fashion shall constitute grounds for the revocation of the conditional use. (Ord. 389, 6-14-2000)

8-4I-13: PUBLIC GATHERING SIGNS:

When applications have been approved for skilled nursing facility, multi-family development, boarding house, and/or daycare facilities, identification signs may be allowed in accord with the following standards:

A. One stationary sign is allowed.

B. In computing the area for the above signs, the sign shall not exceed one square foot in area for each three (3) linear feet of frontage of the main building on the principal street, not to exceed sixty four (64) square feet.

C. Freestanding signs shall not be located in the required yards. Freestanding signs are allowed only when the building setback is at least twenty feet (20') from the front property line. The height of the freestanding sign shall not exceed eight feet (8') in a rural or residential base district, or twelve feet (12') in height in a commercial district.

D. Building signs shall not exceed the height of the eaves line of the building.

E. The sign may be internally illuminated. (Ord. 389, 6-14-2000)

8-4I-14: SUBDIVISION SIGNS:

Identification and informational signs for subdivision sales offices and model homes in all residential, commercial and industrial districts are allowed as a temporary use in accord with the following standards:

A. Maximum sign area shall be as set forth in table 8-4I-7 of this section.

TABLE 8-4I-7: MAXIMUM AREA AND HEIGHT FOR SUBDIVISION SIGNS

Base District	Maximum Area	Maximum Height
Residential base districts
Subdivision with a final plat	96 square feet	15 feet
Subdivision with a final plat area of over 20 acres	128 square feet	15 feet
Subdivision sales office	32 square feet	15 feet
Model homes	64 square feet	15 feet
Rural, commercial, and industrial base districts
Subdivision with a final plat area of 20 acres or less	192 square feet	15 feet
Subdivision with a final plat area of over 20 acres	256 square feet	15 feet
Subdivision sales office	64 square feet	15 feet

B. Signs may have internal illumination.

C. No roof signs shall be allowed.

D. All signs shall be stationary.

E. Banners, flags, pennants and similar displays are allowed as temporary signs. (Ord. 389, 6-14-2000)

8-4I-15: NONACCESSORY, OFF-PREMISES SIGNS:

A. Applicability: Nonaccessory, off-premises signs shall be allowed as follows:

1. Principal permitted use in the commercial and industrial base districts.

2. Conditional use in the RUT and rural base districts.

3. Prohibited use in residential base districts, excluding the RUT base district.

B. Allowed Number Of Signs:

1. In the LO and C1 base districts, the maximum number of signs allowed on each street frontage or lot is two (2) except where a sign is attached to a building, in which case only one sign is allowed.

2. In the C2 and C3 base districts, the maximum number of signs allowed on each street frontage or lot is two (2).

3. In the RUT, RR, and RP base districts, the maximum number of signs shall be ten (10) per mile or spaced no closer than five hundred feet (500') apart, whichever may result in the lesser number of signs.

4. There shall be no more than three (3) nonaccessory, off- premises signs visible to motorists for a linear distance of six hundred feet (600').

5. There shall be no more than sixteen (16) nonaccessory, off- premises signs in any one mile. A nonaccessory, off-premises sign with sign copy on both sides facing in opposite directions shall be considered as one sign.

C. General Standards: The following general requirements shall apply to all nonaccessory, off-premises signs:

1. Nonaccessory, off-premises signs shall not project over public property, except that cutouts may project not more than two feet (2') over public property if the lowest portion of the cutout is at least fourteen feet (14') above grade.

2. All visible portions of signs must be kept in good repair.

3. Signs in the C2 and C3 base districts may have animation on a maximum of twenty percent (20%) of the sign area and such signs may be revolving. Animated and/or revolving signs are prohibited in all other base districts.

4. Roof signs are prohibited in the LO and C1 base districts. Roof signs (and/or signs that extend above the eaves line or parapet wall of a building) are allowed as a conditional use in the C2, C3, and industrial districts.

5. Direct, internal, or neon illumination shall be allowed.

D. Construction And Location Standards:

1. The maximum area and height for nonaccessory, off-premises signs shall be as set forth in table 8-4I-8 of this section:

TABLE 8-4I-8: MAXIMUM AREA AND HEIGHT FOR NONACCESSORY, OFF PREMISES SIGNS

Base District	Maximum Area	Maximum Height
LO and C1 base districts
Freestanding signs	75 square feet	18 feet
Building signs	75 square feet	Not above the eaves
Billboards (either building or freestanding)	325 square feet	Not above the eaves
C2, C3 and industrial base districts
Billboards (either building or freestanding)	650 square feet	30 feet unless attached to building
Freestanding	50 square feet	30 feet
RUT, and rural base districts
Billboards	650 square feet	40 feet

2. Nonaccessory, off-premises signs shall not exceed the following lengths and overall area limitations; such limitations include the height and area of the border and trim but exclude cutouts, supports and foundations:

a. The advertising area of painted signs shall not exceed eight hundred twenty five (825) square feet.

b. Billboards shall not exceed 12.5 feet in height, nor twenty five feet (25') in length, nor exceed three hundred twenty five (325) square feet in area.

3. Billboard structures may be erected on each street frontage of a property; provided however, that the full face of the sign can be viewed along the line of travel to which it is exposed for a distance of at least two hundred fifty feet (250') measured along the center line of the frontage street from a point opposite the center of the sign and perpendicular to the street's center line.

4. The vertical dimensions of a billboard sign face may be increased to twenty two feet (22'), provided the required viewing distance as outlined above is increased to five hundred feet (500'), and said facing contains only one sign and the sign is perpendicular or within fifteen degrees (15°) of being perpendicular to the frontage street.

5. Cutouts securely affixed to nonaccessory, off premises signs shall be allowed, but shall project not more than eight feet (8') above, not more than four feet (4') below, and not more than two feet (2') on either side of the sign to which they are attached. The display surface area of cutout projections beyond the borders of such signs shall not exceed one-third (1/3) of the area of the sign to which they are attached.

6. All freestanding signs shall be completely freestanding and without back bracing.

7. Signs shall have a minimum setback of fifteen feet (15') from any property line. Signs in the RUT, RR, and RP base districts shall be six hundred sixty feet (660') from the right of way of any primary or interstate highway as set forth in Idaho Code section 40-1911.

8. The maximum height of nonaccessory, off premises signs erected upon the ground shall not exceed forty feet (40') above grade.

E. Conditional Use Permits: All nonaccessory, off premises signs which do not meet the general requirements of the provisions outlined in this section shall have the request for such signs considered by the conditional use permit procedure in accord with chapter 5, article B of this title.

1. The conditional use permits for signs under this section shall automatically terminate five (5) years from the date of issue unless the director approves a time extension.

2. Extensions beyond the initial five (5) year period or extended period may be given at the discretion of the director, except that no single extension may be given for more than three (3) years.

3. All signs authorized by this section within the RUT, RR, and RP base districts, shall be limited to those which in the opinion of the commission are primarily designed to offer a commonly needed service to the traveling public and which fall into one of four (4) following classifications: gasoline, diesel, or alternative fuel sales facility and associated retail sales or services; restaurant or eating place; bed and breakfast establishment; and hotel or motel.

4. Failure on the part of the owner to maintain the sign in a neat and orderly fashion shall constitute grounds for the revocation of the conditional use approval. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011)

8-4I-16: TEMPORARY SIGNS:

Those signs herein designated as being temporary signs shall be completely removed by the owner of the sign or by the owner of the property upon which the sign is located at the expiration of the time for which the sign was permitted. (Ord. 389, 6-14-2000)

8-4I-17: NONCONFORMING SIGNS:

Nonconforming signs shall be deemed to be a nonconforming use and/or structure (as applicable) and may be continued subject to the standards set forth in chapter 1, article B of this title. (Ord. 389, 6-14-2000)

8-4J-1: PURPOSE:

The purpose of this article is to encourage well designed open space within new development, and to provide standards for dedicated open space areas and/or uses approved as part of a development application. (Ord. 389, 6-14-2000)

8-4J-2: APPLICABILITY:

These regulations shall apply to planned unit developments, master site plans, and/or subdivision plats that include dedicated open space areas and/or uses. (Ord. 389, 6-14-2000)

8-4J-3: GENERAL REGULATIONS:

A. Dedicated Open Space Plan: The dedicated open space plan shall include the following information on a map of an appropriate scale and may be accompanied by any associated documents as may be necessary:

1. The boundaries and legal description of all dedicated open space areas;

2. Existing distinctive natural characteristics including, but not limited to, prime agricultural land and topographical elements;

3. The dedicated open space uses;

4. Depiction of all impervious surfaces including, but not limited to, structure footprints, driveways, or roadways; and

5. Description of the manner in which the dedicated open space area shall be maintained, managed, and administered.

B. Required Dedicated Open Space:

1. Planned Unit Development: Not less than ten percent (10%) of residential areas of planned unit developments shall be designated as, and used exclusively for, dedicated open space, as set forth in this article.

C. Allowed Open Space Uses: The allowed open space uses shall include, but not be limited to, the following:

1. Natural areas;

2. Agriculture;

3. Community garden plots for cultivation by residents;

4. Recreational areas designed for specific passive and/or active recreational uses including, but not limited to, golf courses, tot lots, tennis courts, swimming pools, and ball fields;

5. Greenways identified on the adopted Ada County ridge to rivers pathway plan;

6. Lawns or ground cover with or without trees;

7. Riding trails and common pasture;

8. Use associated with a historic structure; or

9. Any combination of uses listed above.

D. Ownership: Dedicated open space shall be held in one or more of the following methods of ownership:

1. Condominium: If ownership of the proposed development is held as a condominium in conformance with Idaho Code, title 55, chapter 15, the dedicated open space may be held as a common area of the condominium.

2. Homeowners' Association: The dedicated open space may be held in common ownership by an incorporated homeowners' association.

3. Fee Simple Dedication:

a. The dedicated open space may be dedicated to a federal, state, or municipal government body empowered to hold an interest in real property subject to the laws of Idaho or the United States, or a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreation, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

b. The applicant or owner shall submit for county review and approval any offer of dedication and the terms and conditions thereof that demonstrate the dedicated open space shall be maintained as dedicated open space.

c. The board may, but shall not be required to, accept any portion or portions of the dedicated open space, provided the land is accessible to the residents of the county, there is no cost of acquisition other than any costs incident to ownership, such as title insurance, and the board agrees to and has access to maintain such lands.

E. Maintenance Requirement: In the event any owner of dedicated open space fails to maintain same according to the standards of this title, Ada County may, in accord with the dedicated open space plan and following reasonable notice, demand that deficiency of maintenance be corrected and enter the dedicated open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the dedicated open space.

F. Improvements: Required improvements including, but not limited to, landscaping and recreation facilities within the dedicated open space areas shall be provided by the applicant or owner. A surety agreement, as set forth in article K of this chapter, may be required to cover costs of installation or maintenance of such improvements. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 699, 6-18-2008)

8-4J-4: DESIGN STANDARDS:

A. Consistent With Adopted Plans: The design shall be consistent with adopted regional or local open space and recreation plans including the Ada County ridge to rivers pathway plan.

B. Accessibility: The dedicated open space shall be easily accessible to residents of the subdivision or planned unit development. For dedicated open space within a master site plan, the dedicated open space shall be easily accessible to patrons of the use.

C. Roadways: The number of private or public roadways that divide the dedicated open space shall be limited to those necessary for proper traffic circulation, and the roadways shall not detract from the efficient use of the open space.

D. Structures: The dedicated open space shall be free of all structures, except those that enhance the use of the dedicated open space including, but not limited to, structures related to outdoor recreational use, well houses, and stormwater retention basins.

E. Stormwater Basins: Stormwater retention or detention basins designed and approved as part of the stormwater management system for the property may be located within the dedicated open space area.

F. Impervious Surface: No more than ten percent (10%) of the dedicated open space shall be impervious surface.

G. Additional Standards For Dedicated Open Space In A Planned Unit Development Or Subdivision:

1. The dedicated open space shall not be less than one hundred feet (100') in width at any point and not less than twenty thousand (20,000) square feet of contiguous area, except when part of a trail system, pathway network, or pocket park for active recreational use.

2. The dedicated open space shall be connected to open space areas on neighboring properties wherever possible including provisions for pedestrian walkways to create linked walkway or pathway systems.

3. The dedicated open space shall have the required number of automobile and bicycle parking spaces as set forth in article G of this chapter.

a. Parking areas shall have safe and convenient access from an abutting public street or other rights of way or easements capable of accommodating pedestrian, bicycle, or vehicle traffic.

b. Required parking areas for outdoor amusement or recreation facilities may be included in calculating the amount of dedicated open space.

4. When children's play equipment is proposed, a minimum of two (2) shade trees shall be planted to shade the play equipment on the west and southern exposures. Additional trees shall be at the discretion of the applicant.

H. Alternative Open Space Plan: The director may approve, or recommend approval of, an alternative open space plan when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article and shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 699, 6-18-2008)

8-4K-1: SURETY DEPOSIT:

A. In lieu of completion of improvements, or any portion thereof, required by this title, the owner may deposit a surety and sign a surety agreement for completion of such improvements. The surety and surety agreement shall be deposited with the director on forms provided by the director.

B. The amount of surety called for shall be equal to not less than one hundred twenty percent (120%) of the cost of completing the required improvements. The estimated cost shall be provided by the applicant and reviewed and approved by the county engineer.

C. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the county of Ada, in accord with the regulations contained in the surety agreement by and between the guarantor and the county of Ada. (Ord. 389, 6-14-2000)

8-4K-2: RELEASE OF SURETY:

Where a surety is accepted by the director and deposited as provided in section 8-4K-1 of this article, the surety shall be released subject to the following regulations:

A. The owner shall submit a written request to the director to return the surety. The request shall include the following documents:

1. A statement from the owner that the required improvements are complete.

2. Two (2) sets of prints of the as-built plans and specifications for all improvements.

B. The county engineer shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed. The as-built plans shall be reviewed and approved by the county engineer.

C. Upon certification of the county engineer, the director shall give notice to the county treasurer to release the sureties heretofore deposited with said county treasurer in the manner and to the extent as provided for in the surety agreement in accord with the regulations of section 8-4K-1 of this article. (Ord. 389, 6-14-2000)

8-4L-1: PURPOSE:

The regulations of this article allow temporary uses on a property. (Ord. 389, 6-14-2000)

8-4L-2: APPLICABILITY:

All properties within the county may apply for a temporary use unless otherwise specifically prohibited in section 8-4L-4 of this article.

A. Temporary uses that require a zoning certificate shall include: temporary signs, seasonal stands, fireworks stands, subdivision model homes/real estate offices, and reapplication for an existing permitted temporary use, provided that the permit has not expired or been revoked.

B. Temporary uses that require a zoning certificate and administrative approval shall include, but not be limited to, new applications and reapplications for an expired or revoked permit for: temporary living quarters; seasonal events; or an existing dwelling, an existing secondary dwelling, or a temporary manufactured home dwelling while building a new single-family dwelling on the same site; or a small pit, mine, or quarry within a residential district; or an anemometer or similar device. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 581, 5-25-2005; amd. Ord. 693, 5-14-2008; amd. Ord. 772, 7-27-2011; amd. Ord. 902, 10-2-2019)

8-4L-3: PROCESS:

A. The applicant shall submit an application and fees on forms provided by the development services department as set forth in chapter 7, article A of this title.

B. The director shall apply the specific use standards listed in section 8-4L-4 and 8-5-3 of this article and the findings listed in section 8-4L-5 of this article to review the temporary use.

C. The director shall determine that all conditions of approval have been met and that the temporary use is in conformance with this section before a zoning certificate is issued. (Ord. 389, 6-14-2000; amd. Ord. 902, 10-2-2019)

8-4L-4: STANDARDS:

A. Except for those uses that may be allowed in this title for periods exceeding twelve (12) months, the use may be granted for a specified period not exceeding twelve (12) months from issuance of the zoning certificate. If the use will continue beyond twelve (12) months, then a conditional use and/or master site plan application must be submitted and approved.

B. The use shall not result in the construction of any permanent structure that would not otherwise be permitted subject to the regulations of this title.

C. No structure shall be located within the required yard, nor shall any structure obstruct the "clear vision triangle" as herein defined.

D. Temporary signs, as herein defined, that are less than or equal to six (6) square feet in area shall be exempt. Temporary signs shall not exceed forty eight (48) square feet.

E. Seasonal stands shall be located in a C1, C2, or C3 base district. The zoning certificate shall specify a beginning and end date.

F. Fireworks stands shall meet the following additional standards:

1. Prior to the issuance of a zoning certificate, the applicant or owner shall obtain a permit to sell fireworks in accordance with Idaho Code section 39-2604 from the appropriate fire district.

2. Stands shall be located in a C1, C2, or C3 base district.

3. Dates of fireworks sales shall comply with Idaho Code section 39-2606.

4. The use shall comply with the flood hazard overlay district as set forth in chapter 3, article F of this title.

G. Subdivision model home/real estate sales offices shall meet the following additional standards:

1. The sales office shall be located on a lot within a subdivision or planned unit development, or on a space within a manufactured home park.

2. The principal use of the sales office shall be the sale of lots and/or dwellings or renting of spaces within the development.

3. The sales office shall meet the construction standards for a commercial occupancy as required by the Ada County building code as set forth in title 7, chapter 2 of this code. The applicant or owner shall obtain all necessary building permits as required by the Ada County building code as set forth in title 7, chapter 2 of this code.

4. The applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within thirty (30) days of the sale or rental of the final lot or space.

5. Subdivision model home/real estate sales offices may operate continually for over twelve (12) months upon the director's approval.

H. Permission to live in an existing dwelling or a temporary manufactured home shall be granted until the completion of the construction of the new principal permitted dwelling, or for not more than twelve (12) months, whichever time period is less, unless otherwise permitted. The existing dwelling or the temporary manufactured home shall be removed prior to issuance of the certificate of occupancy for the principal permitted dwelling, unless the existing dwelling or manufactured home is approved for use as a secondary dwelling.

I. For standards related to temporary permits for a pit, mine, or quarry in a residential district, see the specific use standards in section 8-5-3-81 of this title.

J. The applicant shall have a continuous obligation to maintain adequate housekeeping practices so as not to create a nuisance.

K. For uses that require director approval, the director may require additional conditions to mitigate impacts. The conditions may include, but not be limited to, any or all of the following:

1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts.

2. Limits on time of day of the specified use.

3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property.

L. Temporary living quarters shall meet the additional required standards:

1. The temporary living quarters is needed to house a member of the owner's immediate family or the owner's employee.

a. Need for temporary living quarters for a family member shall be justified for reasons of health, employment, or upkeep on the property.

b. Need for temporary living quarters for an employee shall be justified for reasons of upkeep on the property, supervision of livestock, healthcare of owner, or tending to crops. For the purposes of this section, "owner's employee" shall mean a person employed on the premises by the property owner and receiving not less than seventy five percent (75%) of the employee's annual income from said property owners.

2. The temporary living quarters shall be a securely anchored manufactured home.

3. The temporary living quarters shall not be permanently affixed to the property, and shall be maintained in a condition to permit removal of the unit upon termination of the authorized use or expiration of the approval.

4. The temporary living quarters shall have adequate sewage facilities as provided for in section 8-4A-22 of this chapter.

5. No more than one temporary living quarters shall be permitted on a property.

6. The property shall be maintained in a neat and orderly manner and shall not differ in appearance from surrounding residential uses.

7. The temporary living quarters, any attached structures, and the anchoring devices shall be removed from the property within thirty (30) days of termination of the authorized use or expiration of the approval.

8. Temporary living quarters may be approved for a maximum of two (2) years. The applicant or owner may extend the duration of the temporary living quarters approval for up to four (4) 2-year time periods, by securing a zoning certificate prior to the expiration date of the temporary use or previous zoning certificate extension. After ten (10) years the applicant or owner may reapply for a new temporary living quarters.

M. An anemometer or similar device for the purpose of determining feasibility of a wind facility site shall meet the following additional standards:

1. An anemometer for a distributed power facility, wind freestanding tower shall only be allowed in the RP, RR, and RUT districts on property containing a minimum of forty (40) acres.

2. An anemometer for a distributed power facility, wind freestanding tower shall not exceed a maximum of one hundred twenty feet (120') in height, including the maximum tip height.

3. An anemometer for a distributed power facility, wind rooftop shall not exceed the height of the base district in which it is located.

4. An anemometer for distributed power facility, wind rooftop shall only be allowed in the RP, RR, RUT, RSW, R1, R1M districts, on property containing a minimum of one acre. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 693, 5-14-2008; amd. Ord. 766, 12-8-2010; amd. Ord. 772, 7-27-2011; amd. Ord. 804, 11-14-2012; amd. Ord. 902, 10-2-2019)

8-4L-5: REQUIRED FINDINGS:

A. The proposed temporary use shall not be detrimental to the public health, safety, or welfare. The proposed use shall not adversely impact the health and safety of surrounding residents, nor shall it create undue adverse impacts on surrounding properties;

B. The proposed temporary use complies with all applicable county ordinances;

C. The proposed temporary use complies with all applicable federal and state regulations;

D. The proposed temporary use and facilities shall not adversely affect or conflict with abutting uses or impede the normal development of surrounding property; and

E. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed temporary use. (Ord. 389, 6-14-2000)